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Human Rights Institute
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Contemporary Issues in Human Rights This weekly electronic newsletter is researched and written by students in Professor Rachel Taylor's Contemporary Issues in Human Rights class. The contributors read widely in their areas of focus and choose the week's most important human rights stories to highlight. Information in the write-ups comes from the sources provided and has not been independently verified.
October 17 , 2007
Crimes Against Humanity and Genocide | Corporations and Human Rights Migration and Human Rights | International and Regional Human Rights Bodies Transitional Justice | Human Rights in the Middle East
Crimes against Humanity and Genocide House Foreign Affairs Committee of the United States Congress Passes Resolution Calling Armenian Massacre Genocide On October 10, the House Foreign Affairs Committee of the United States Congress passed a much-anticipated resolution which declares that the mass killing of Armenians by Turkish Forces during World War I constituted genocide. The move has sparked considerable controversy. While Armenia has welcomed the resolution as an important recognition of atrocities committed against its people, others have been more critical. Notably, the Bush Administration expressed its concern that the resolution would damage its relations with Turkey, a country it considers to be a key ally in the “war on terror.” The President’s fears were somewhat realized when Turkey withdrew its ambassador from Washington, bringing relations between the two countries to a crisis point. To be sure, estimates of the numbers of Armenians killed between 1915 and 1923 differ widely. While Armenia puts the number of those killed by the Ottoman Turk Empire at 1.5 million, Turkey puts the number at 300,000 but denies the existence of any genocide. Moreover, Turkey claims that mass killings occurred on both sides as part of the conflict. Indeed, many Turks’ anger over the resolution stems from their belief that the international community has ignored Turkish deaths during the war. Consequently, many have questioned whether it was desirable for the Congressional Committee to declare the situation genocide, almost a century after the event.
Increasing Pressure Is Put on the European Union to Transfer General Mladic to the ICTY On October 12, Human Rights Watch sent a letter to European Union Foreign Ministers in advance of an October 16 meeting of the General Affairs and External Relations Council (GAERC), calling for tougher demands on Serbia to cooperate fully with the International Criminal Tribunal for the former Yugoslavia (ICTY). According to Human Rights Watch, if Serbia wishes to join the EU it must arrest and transfer General Ratko Mladic to The Hague where he faces charges of genocide, crimes against humanity, and war crimes. Human Rights Watch expressed its concern that the EU has shown signs of relaxing the obligation of cooperation to only require Serbia to take action which “leads to” the arrest of the remaining war criminals. The International Court of Justice in 2007 held that Serbia’s continuing failure to transfer high level fugitives such as Mladic to the ICTY constituted a violation of the Genocide Convention. Foreign Ministers at the GAERC meeting in Luxembourg will be briefed by the Chief Prosecutor of the ICTY, Carla del Ponte, who has previously stated that Serbia’s cooperation has slowed considerably in recent months. The fact that offenders such as Mladic are still escaping justice has severely affected Serbia’s prospects of joining the EU and furthermore significantly diminishes their legitimacy as an emerging democracy. Conference in Montreal Debates Ways of Preventing Genocide McGill University in Montreal, Canada, played host this weekend to the first international conference on the prevention of genocide. The conference brought together UN officials, diplomats, legislators, and activists to discuss how lessons can be learned from past mistakes in order to prevent genocide from occurring again. In this respect, Darfur was very much in the spotlight. What was unusual about the conference was the inclusion of individual testimonies from survivors of numerous genocides, from the Holocaust to Darfur. The focus was less on coming up with a legal definition of genocide and more on showing the human element of genocide: something crucial to prevention but which can easily be overlooked, especially when atrocities occur in places “far removed” from the Western world. The importance of increasing political pressure on governments to act, wherever genocide occurs, was not lost on General Romeo Dallaire, the Canadian who lead the UN peacekeeping force in Rwanda during the 1994 genocide. He has accused the UN of betraying him by failing to provide resources, the result of which was that his peacekeepers were forced to become mere observers of the unfolding genocide. The key to preventing genocide is public awareness and a resulting willingness of governments to act. After genocide occurs, individual criminal responsibility is a vital tool in offering justice to victims. However, the conference made clear that prevention is always better than punishment.
Corporations and Human Rights Belgium Government Reopens Case against French Oil Giant Total Last week, officials in Belgium reopened the case brought by Burmese refugees against Total alleging the French firm's involvement in crimes against humanity during the construction of a gas pipeline in Burma in the 1990s. The Burmese refugees in Belgium claim that Total provided logistical and financial support to the military junta responsible for forced labor practices, torture, and arbitrary executions in Burma. Total faced a similar legal action in France for its alleged use of forced labor to build the gas pipeline from Burma to Thailand. However, the case was settled out-of-court earlier last year. In a new ruling, Belgium’s constitutional court said that a recognized refugee enjoys the same rights as a Belgian citizen and that a special Belgian law allowing consideration of cases occurring outside of Belgium was applicable in this case. As a result, the Belgian justice ministry ordered prosecutors to reopen the case, in which Burmese plaintiffs have targeted Total's former chief of exploration and production and Total's country director for Burma in 1990s. French President Nicolas Sarkozy has urged French companies including Total to freeze their investments in Burma but he did not call for any corporate pullout. Producing Brazilian "White Gold" in Slavery-Like Conditions Brazil is Latin America’s largest producer of sugarcane-based ethanol, which is considered one of the best sources of alternative energy. Despite Brazil’s leadership in the use of alternative energy, the harsh working conditions of about half a million farmers continue to be a part of the country's ethanol production. Brazilian cane-cutters work long hours in the fields in order to supply cane to the country and its growing export market. Ethanol production is making many people in Brazil very rich while the cane-cutters are paid less than the minimum wage. Many plantation farmers are demanding at least 10 to 10.89 tons of cane per day, and those cane-cutters that are not able to supply this amount are usually fired. As a result of long working hours, many cane-cutters suffer bone and muscle injuries and machete cuts. They constantly have to breathe ash from fields that have been recently burned to facilitate cutting and to kill parasites. In the past three years, 18 cane-cutters have died of exhaustion in Sao Paulo state alone, while many others have been injured. Although the Brazilian government has tried to fine larger sugar mills for violating Brazil’s labor laws, the country’s Labor Ministry says that it lacks the necessary resources to solve the problem. Brazil’s association of sugar and ethanol producers has stated that slavery-like working conditions in the cane fields are also creating an image problem that could lead the European Union and the United States to refuse to import Brazilian ethanol until labor conditions are improved. The EU is currently considering various options to certify that the ethanol imported from Brazil has been produced using good labor and environmental practices.
IFC Commences a Study on Foreign Investment and Human Rights The International Finance Corporation (IFC) has appointed John Ruggie, a Harvard professor and the UN Secretary-General's special representative for business and human rights, to examine the impact of investment agreements on human rights in developing countries. The main focus of Ruggie's assignment will be to evaluate the preferential treatment often granted to companies investing in developing countries. For instance, some investors are often found to be exempt from local labor or human rights regulations. The IFC, a private arm of the World Bank Group that provides funds to emerging markets, is trying to find "the right balance between the investor's legitimate interest to protect the investment and the host state's duties to protect human rights." This collaborative study between the IFC and John Ruggie will seek to examine the so-called stabilization clauses in contracts between host governments and project finance investors that reduce investment risks but carry significant implications for human rights. The project will also try to develop new "soft law" initiatives such as the Voluntary Principles or Extractive Industries Transparency Initiative which proved to influence corporate behavior in the absence of formal legal requirements in the past. The IFC study is seeking to influence private investors to change the way foreign investment deals are structured so that they can benefit the local population.
Migration and Human Rights Refoulement of Ethiopian Refugees from Sudan Sudanese authorities have reportedly turned over 15 Ethiopian refugees to the Ethiopian authorities after arresting them in Khartoum and Damazine in July. In an UN report dated October 11, the UNHCR condemned the refoulement of the refugees to their home country. The UNHCR has made repeated inquires into the matter but has not yet heard back from the Sudanese authorities. Under international law, a refugee may not be returned to his/her home country where he/she might be persecuted. The report also mentions that this is not the first time that the UNHCR has appealed to the Sudanese authorities regarding issues of refoulement. Earlier this year, the UNHCR warned Sudan over its refoulement polices and Sudan pledged to adhere to its obligations under International law.
Zimbabweans Flee to South Africa Zimbabweans are fleeing in greater numbers to South Africa. In a story dated October 9, UNHCR reported that around 20,000 Zimbabweans are deported each month from Zimbabwe. At the border crossing Musina alone, around 7,300 Zimbabweans were deported. However, most Zimbabweans fleeing their homeland do not seek refugee status. Only 19,000 have applied for refugee status in South Africa. This is a very small number in comparison to the influx of persons entering South Africa from Zimbabwe. UNHCR commented that the reluctance of fleeing Zimabweans to apply for asylum stems from four different concerns: “reluctance to request asylum when still so close to Zimbabwe, anxiety to reach their destination in the South African heartland, a lack of opportunity because they are deported so swiftly, or simply no desire to assume a status that means they cannot visit their homeland.” Although UNHCR’s main focus is on refugee problems, it has encouraged humanitarian organizations to intervene and aid those persons fleeing Zimbabwe.
New Measure Puts Freeze on African Refugees Resettling in Australia A new measure has put a freeze on all Africans entering Australia under that country’s refugee program until mid-2008. Australian Immigration Minister Kevin Andrew explained that the reasons for this freeze were two-fold. First, refugees from Africa and especially from Sudan were having problems integrating into Australian society. And second, the recent upsurge in refugees from the Middle East and Burma required a shift in quota allocations from the African region to those regions now afflicted with the greatest number of refugees. Australia’s African immigrant communities have criticized the new policy as being xenophobic. One community leader stated that Africans are contributing to Australian society by taking the jobs that Australians would never want to do. Other community leaders such as Abeselom Nega, Chairperson of the Federation of African Communities Council (FACC), have condemned the statements as being unfounded. For Nega, there is no proof that Africans have been involved more readily in violent acts. Nega also explained that the statements made by the Immigration Minister may breed distain for Australia and thus ruin its reputation. In addition, Australia’s Human Rights and Equal Opportunity Commission (HREOC), has raised concerns that the Minister of Immigration’s remarks will lead to an increase in xenophobic views in Australia. Further, the HREOC lashed out against the Australian government for abandoning African refugees in need. In the opinion of the HREOC, the Australian government is effectively disregarding the UN Refugee Convention which protects all refugees fleeing persecution.
International and Regional Human Rights Bodies Inter-American Commission To Take Up Case of Domestic Violence Victims The Inter-American Commission on Human Rights ruled on October 5 that it will consider the case of Jessica Lenahan (formerly Gonzales), whose three daughters were kidnapped and killed by Lehahan’s former husband, and whose domestic violence protection claims were rejected by the U.S. Supreme Court. According to a press release by the ACLU (which is representing Lenahan), at issue are the rights of Lenahan and her children “to life, non-discrimination, family life/unity, due process, and to petition the government, as well as the rights of domestic violence victims and their children to special protections.” Domestic violence is a widespread and too-often tolerated phenomenon in the United States. Although the problem has been recognized at the state and federal level and legislative measures have been adopted to confront the problem, police often continue to treat it as a private family matter of low priority. Furthermore, the doctrine of sovereign immunity severely limits the ability of victims of domestic violence to sue police for torts, such as negligence, when they fail to comply with their legal duties. Human right advocates representing Ms. Gonzales hope that the Inter-American Commission’s decision to hear the case will help improve the situation regarding domestic violence across the Americas.
UN Security Council Rebukes Burma In its first formal action taken on Burma, the 15-nation UN Security Council has issued a statement that "deplores the use of violence against peaceful demonstrations in Myanmar and welcomes Human Rights Council Resolution S-5/1 of 2 October 2007." This non-binding statement was less forceful than its original draft, which had strongly condemned Burma’s military junta, in attempt to pressure China – a strong Burmese ally – and Russia to refrain from using their vetoes. Both countries have previously vetoed resolutions promoting the establishment of a democratic regime in Burma. Although the Security Council strongly deplored the use of violence against peaceful demonstrators, Burma’s government has defied UN calls for an end to its crackdown on pro-democracy protesters. Burma's military junta rejected the UN’s calls for dialogue with the pro-democracy opposition, sticking to its own seven-step roadmap toward development. Commenting on the situation, the Asian Tribune has argued that ASEAN countries should also take stronger measures towards Burma. “It is not enough urging restraint and calling for a peaceful transition to democracy, the grouping must come forward to support the good offices of the UN Secretary-General Mr. Ban Ki-Moon and his envoy Mr. Gambari,” the article says. EU Foreign Ministers to Discuss Sanctions on Uzbekistan Foreign Ministers of the European Union, scheduled to convene in Luxembourg for their General Affairs and External Relations Council (GAERC) meeting on October 15 and 16, 2007, will discuss existing EU sanctions on Uzbekistan – consisting of an embargo on arms sales and a visa ban on eight Uzbek officials. The EU sanctions on Uzbekistan were first imposed in October 2005, after Uzbekistan refused to accept an international commission of inquiry into the May 2005 Andijan massacre. Human Rights Watch has expressed concern about the probable outcome of the GAERC meeting, where the question of weakening the sanctions as a “gesture” to secure continued dialogue with Tashkent will be discussed. Human Rights Watch claims that the point of the sanctions is not empty dialogue but changing behavior, and that on that score Tashkent has only gone backwards, including by keeping 13 human rights defenders in custody. Human Rights Watch has called on the European Union to make the release of imprisoned human rights defenders one of the main requirements for reconsidering the sanctions.
Transitional Justice Truth Commission Comes to Take Testimony From NYC Liberians At the request of the Liberian Truth and Reconciliation Commission (TRC), Minnesota Advocates for Human Rights is collecting statements from thousands of Liberians living in the Diaspora. On October 6, Liberians living in New York were encouraged to record their stories. The main object of this project is to give a voice to the Liberians in the Diaspora and to let them be part of the truth, justice, accountability, and reconciliation processes in Liberia. The project will next visit Washington, D.C., Maryland, Providence, and the United Kingdom. Even if the commission has the power to make recommendations that the Liberian government must consider (see Section 48 of the Truth and Reconciliation’s mandate), many commentators considered this step as waste of time and money.
Former Rwandan Official Living in Belgium, Acquitted by the ICTR, Is Convicted by a Local Court Radio Rwanda reported on October 11 that Emmanuel Bagambiki, a former governor in the south of Rwanda during the 1994 genocide, has been found guilty of raping girls and women and of having incited others to do so, and has been sentenced to life in prison by a local criminal court. The former governor had been acquitted by the ICTR in February 2004, and the ruling was confirmed on appeal in February 2006.
Human Rights in the Middle East By Marwan Maalouf Once again, Egypt is experiencing a new political crisis. After the mass protests that followed the Presidential elections and the strike by the country’s textile workers at the end of September, it is now the Fourth Estate that is leading a protest against the imprisonment of seven journalists. These journalists, five of whom are editors-in-chief, have been convicted after they leveled criticism against President Mubarak and the current regime. In response to the government’s clear violation of freedom of expression, more than 20 independent newspapers halted publication on October 7.
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