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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 3 , 2007
Crimes Against Humanity and Genocide | Corporations and Human Rights Migration and Human Rights | International Human Rights Bodies Regional and International Human Rights Institutions
Crimes against Humanity and Genocide Darfur Attack Kills Peacekeepers According to an October 1 BBC report, thirty vehicles have attacked an African Union (AU) Army Base in the Sudanese region of Darfur, killing at least ten peacekeepers. The attacks have been linked to a breakaway faction of two rebel groups; one of the main rebel forces, the Justice and Equality Movement, has been quick to condemn the attacks and distance itself from the attackers. This latest example of violence in Darfur comes at a key moment in peace negotiations. South African Archbishop Desmond Tutu had just arrived in the region with a view to bringing about a new peace initiative for Darfur. Talks were also scheduled to take place between the AU and the United Nations concerning the commencement of peace negotiations between government and rebel forces. This abhorrent crime only serves to emphasise the difficulties faced by the international community in ending the ongoing genocide and crimes against humanity in Darfur. The UN Secretary General has issued a statement condemning the attack as a flagrant violation of international law. Three Senior Officials in the Yugoslav People’s Army Acquitted of Crimes against Humanity by the ICTY Mile Mrkšic, Veselin Šljivancanin, and Miroslav Radic, former high-ranking officials in the Yugoslav People's Army (JNA), were acquitted on September 27 of all charges of crimes against humanity by Trial Chamber I of the International Criminal Tribunal for the former Yugoslavia (ICTY). All three had been accused of crimes against humanity stemming from attacks by the JNA and Serb paramilitary soldiers in 1991. According to the indictment, the perpetrators of these attacks, acting under the command or supervision of Mrkšic, Radic, and Šljivancanin, removed 260 non-Serb individuals from the Vukovar Hospital and transported them to a farm building in Ovcara where they were beaten, tortured, and eventually murdered. In delivering its judgment, the ICTY said that the charge of crimes against humanity could not be upheld because the persons murdered were not chosen at random and the Serb forces who carried out the attacks were acting under the belief that they were prisoners of war, not civilians. Mrkšic was found guilty of aiding and abetting the murders, torture, and cruel treatment of those individuals, while Šljivancanin was found guilty of aiding and abetting their torture. They were sentenced to twenty years imprisonment and five years imprisonment, respectively. Radic was acquitted of all charges. The judgment comes amidst criticism that the ICTY has been ineffectual in prosecuting and convicting the most senior perpetrators of human rights atrocities committed in the former Yugoslavia.
Former Chilean Head of State Faces Extradition to Peru to Face Charges of Gross Human Rights Violations In a landmark judgment, the Chilean Supreme Court has ruled that former Peruvian President Alberto Fujimori must be extradited to Peru, where he faces charges of massive and widespread human rights violations and corruption. There is substantial evidence that during his presidency, Fujimori ordered or had knowledge of the systematic and widespread killings and disappearances of thousands of people, and that such gross violations of human rights were a matter of government policy. Two notable events were the massacres at Barrios Altos and La Cantuta, where 25 people were killed by a specialized squad of military and intelligence officers, known as the Colina Group. There is credible evidence that this group, established to "eliminate" suspected terrorists, was created pursuant to official government policy. The Chilean Supreme Court's decision that Fujimori be extradited to Peru is an important step in ensuring that former heads of state no longer enjoy impunity for crimes against humanity or other massive human rights violations. Fujimori will be subject to domestic rather than international justice, which is also somewhat revolutionary in guaranteeing local accountability.
Corporations and Human Rights The Role of the Oil and Gas Industry in Burma's Protests Mass protests have been rare in Burma since the 1988 military massacre of some 3,000 pro-democracy activities. However, a new wave of protests began on August 19 after the Burmese government raised state-controlled fuel prices and increased the price of natural gas by 500%. This increase doubled bus fares and the price of rice for the local population. As a result, peaceful protests began in the old capital of Burma and spread quickly to the state of Arakan in the West. Many protesters were beaten and taken to prison where they now face harsh prison sentences. The international community has urged world leaders to pressure the Burmese junta to respect human rights, but few have drawn adequate attention to the oil and gas industry, which is a key player in this deteriorating situation. Foreign oil and gas companies have significant political and economic power in Burma, as they have the expertise and capital that the country’s government lacks. Some 16 foreign corporations have contracts to explore and export Burma’s oil and gas. Last year alone, the Burmese government netted some $2.2. billion from its gas exports. More than 40% of this money is spent on Burma's military and less than 3% on healthcare for its citizens. Instead of condemning the deteriorating situation in the country, the oil and gas companies issued statements about their recent discoveries of natural gas and their intentions to export gas to China, India, Thailand, and South Korea. If they decided to, these companies could play a constructive role in stopping the massive human rights abuses now underway in Burma.
Colombia to Seek Extradition of Chiquita Executives On September 24, a U.S. court ordered Chiquita, one of the world’s top banana producers, to pay a $25 million fine after it pleaded guilty to paying protection money to a Colombian militia that had been accused of some of the worst massacres in Colombia’s history. Even though Colombia’s conflict has calmed down, families are still searching the country for thousands of victims of paramilitary massacres who were often dumped in common graves. According to the plea agreement, Chiquita paid some $1.7 million in 1997 to the United Self-Defence Forces of Colombia which was a violent right–wing organization that was eventually disbanded under the country’s peace deal. The Colombian government now wants to conduct its own investigation and is seeking the extradition of Chiquita executives. “It makes no sense there or anywhere that for $25 million a multinational company can buy immunity,” said Colombia’s Interior Minister Carlos Holguin.
Chinese Workers Can Sue Employers for Discrimination China’s Standing Committee of the National People’s Congress passed a new anti-discrimination law that provides Chinese workers with a right to sue their employers for illegal discrimination. Even though discrimination on the basis of race, ethnicity, sex, religion, disability, and HIV status was already prohibited in China, the old laws and regulations did not specify any penalties for the employers or provide the victims of discrimination the right to sue the violators. The new law, by contrast, grants individuals the right to bring a claim in court and expands anti-discrimination protections to cover additional groups such as migrant workers and carriers of infections diseases other than HIV. Although this new law is an important step by Chinese lawmakers to combat discrimination in the workplace, it leaves many important questions unanswered. For instance, the new law fails to stipulate any remedies that could be available for those who suffer from illegal discrimination, making it difficult for plaintiffs to claim any monetary damages. Furthermore, the new law does not provide any clear standards for proving discrimination, and it does not indicate whether discrimination disputes will be treated as labor disputes or ordinary civil claims.
Migration and Human Rights UNHCR's Annual Executive Committee Meetings Begin October 1 From October 1-5, the Executive Committee of the UN High Commissioner for Refugees (UNHCR) will be holding its 56th annual meetings in Geneva. During these meetings the UNHCR budget will be set and an annual report on current issues in asylum/refugee policy and law, including international protection, will be disseminated. Prior to the week’s events, the UNHCR met with different NGOs in an annual consultation. Of interest, the UNHCR signed an accord with the ECRE (European Commission on Refugees and Exiles) in which the two groups pledged to work together to uphold human rights in asylum and refugee matters in Europe. The partnership will support efforts to encourage better monitoring devices and to include civil society in the creation of refugee procedures and principles.
Stateless Persons Granted Citizenship The Office of the UN High Commissioner for Refugees announced its satisfaction with new policies adopted in Bangladesh, Sri Lanka, and Nepal to grant stateless persons in those countries citizenship. Specifically, in Bangladesh, the Government decided to grant citizenship to 160,000 Urdu speaking persons known as Biharis. This group of people became stateless after Pakistan and Bangladesh separated in 1971. In Sri Lanka, changes in laws allowed tea pickers originally from India to obtain citizenship after almost two centuries. In Nepal, 2.6 million people were granted certificates of citizenship after a concerted effort was made to visit all parts of that country. The UN High Commissioner for Refugees also acknowledged a recent constitutional amendment adopted by the Brazilian Congress that gives children born to Brazilian parents abroad the right to Brazilian nationality. UNHCR stressed, however, that the problem of statelessness still persists and millions of persons still remain without an identity.
UN Security Council Sends Mission to Chad and Central African Republic The UN Security Council has adopted a resolution to send a UN mission to Chad and the Central African Republic to address the developing security problems in the region. The mission, known under the acronym MINURCAT, will be in charge of protecting refugees and internally displaced persons while at the same time monitoring human rights and the rule of law in the region. MINURCAT, whose mandate will be for one year, will be made up of three components: the UN contingent consisting of “UN police, rule of law, human rights and civilian officers,” a Chadian police force, and an “EU military deployment.” The military deployment, along with UN staff in the region, will facilitate the distribution of humanitarian aid and protect refugees and internally displaced persons. UN High Commissioner for Refugees Antonio Guterres indicated his approval of the resolution, and stressed that the protection of refugees and displaced persons and the distribution of humanitarian aid might lead to stabilization in the region and the possible return of displaced persons.
Deficiencies in France’s Asylum Law On September 17, Human Rights Watch released a letter to members of the French Parliament criticizing France for deficiencies in the country’s immigration policies. Human Rights Watch expressed particular concern with France’s practice of sending denied asylum seekers home to countries where they may experience persecution and/or torture while their asylum case is on appeal. Although France is in the process of reforming its immigration laws and will attempt to remedy the problem for denied asylum seekers stopped at the border, Human Rights Watch is concerned that the new reforms will not protect all asylum seekers. For Human Rights Watch, the fact that France will still be able to repatriate certain individuals who it wishes to quickly expel from the country is problematic. In the letter, Human Rights Watch advises France to change its immigration policies to include broader protections for denied asylum seekers, and to ensure that every asylum seeker has a right to an “automatic in-country appeal.” Interestingly, Human Rights Watch’s advice echoes similar recommendations recently made by the European Court of Human Rights and the UN Committee against Torture. Both bodies found that France’s expulsion of people who were denied asylum and filed an appeal violates human rights law.
International Human Rights Bodies UN Human Rights Council to Address Conflict in Myanmar The United Nations Human Rights Council will hold a special session on 2 October to discuss the human rights situation in Myanmar. Council President Doru-Romulus Costea UN Experts Group on Darfur Presents Interim Report On September 24, the group of experts appointed by the UN Human Rights Council to focus on the situation in Darfur presented its interim report. This report assessed the Government of Sudan’s progress in responding to the group’s recommendations for improving the human rights situation in Darfur. The group noted that while some of its previous recommendations had been partially implemented by the Sudanese government, other recommendations had not been addressed. As a result, the group, which in December will present its final report on the situation in Darfur, concluded that it was “not in a position to report that a clear impact on the ground has been identified.” “The Human Rights Council should insist that Sudan’s actions match its words on Darfur,” said a representative from Human Rights Watch. “Sudan should take steps that result in real changes on the ground.” UN Working Group on Arbitrary Detention Issues Report on Angola Human rights investigators from the United Nations Working Group on Arbitrary Detentions say that they have found evidence of arbitrary detention, torture, and other human rights abuses in Angola. Angola emerged from a 27-year civil war in 2002 and has been receiving United Nations help to reform its judicial system. According to a statement by the Working Group’s Chairperson, Angola’s “present institutional and legal framework governing the aspect of deprivation of liberty is still flawed.”
International and Regional Human Rights Institutions UN Report Says Increasing Number of Palestinians Killed at Israeli Checkpoints The Monitor, a United Nations publication, has reported that the number of incidents at Israeli checkpoints has increased. The Monitor revealed that for the past two months, more ambulances have been delayed, or denied passage, at the checkpoints. The Monitor called the procedures followed by the Israeli army a violation of international humanitarian law, noting that “under international humanitarian law there is an obligation to ensure that the sick, aged, feeble, and expectant mothers be accorded particular protection and respect" and "by obstructing ambulances and denying people medical care in emergency situations, soldiers not only violate those procedures, but also contribute to the unnecessary deaths of the sick and wounded." The newsletter reported on the death of a 76 year-old woman with heart problems in Jenin district who died after Israeli soldiers refused to allow her to pass a gate in order to get to a hospital.
UN Experts Call on Sudan to Bring Those Responsible for Human Rights Violations to Justice A recent report from of the Group of Experts on Darfur, addressed to the UN's Human Rights Council, urged Sudan to ensure that people responsible for human rights violations in Darfur are quickly made to face justice. This report discusses the role of the Sudanese government in the four year-old conflict and notes that Sudan has refused to turn over those persons wanted by the International Criminal Court. The report also urges the members of the Council to ask the government of Sudan "to address impunity and ensure that all allegations of violations of human rights are duly investigated and that the perpetrators are promptly brought to justice."
Regional and International Courts The European Court of Human Rights confirmed on September 25 its previous decision issued on March 20, 2007 in the case Tysiac v. Poland. Alicja Tysiac, a pregnant woman, was forbidden from receiving an abortion, a practice that is authorized in Poland only in certain restrictive cases. Tysiac had asked for abortion because of vision problems and later lost almost all her vision. The European Court of Human Right awarded Tysiac 25,000 euros as compensation and an additional 14,000 euros for litigation expenses. After the judgment was issued, Poland’s Prime Minister declared that his government would accept the court’s decision and said that a commission would be created to arbitrate future cases. For more information, you may search for the judgment on the European Court of Human Rights’ website here.
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