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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 31 , 2007
Crimes Against Humanity and Genocide | Corporations and Human Rights Migration and Human Rights | International and Regional Human Rights Bodies
Crimes against Humanity and Genocide Success of Darfur Peace Talks Called into Question in the Absence of Key Rebel Leaders African Union-United Nations-led talks aimed at achieving lasting peace in Darfur opened in Sirte, Libya on Saturday, October 27 as the Sudanese government announced a unilateral cease-fire. Several cease-fires have been proffered over the years yet none have succeeded in bringing a permanent end to the conflict that has torn the region apart. Indeed, many view the latest round of negotiations as superficial, with little prospect of success. Libyan leader, Muammar Ghaddafi, who is hosting the talks, also expressed doubt as to the appropriateness of international intervention, remarking that “to internationalize a tribal conflict is an exercise in futility.” This pessimism is shared by many and is echoed in the notable absence of key rebel leaders who are boycotting the talks. Even internal support for these negotiations is poor, with many Darfuris highly sceptical that any meaningful consensus can be reached. The talks have produced a substantial amount of financial support for the peace process, but without internal support the likelihood of success in the near future is slight.
Human Rights Watch Releases Report Calling for Increased International Attention for Horrific Crimes against Civilians in North Kivu, Democratic Republic of Congo In a report released on October 23, Human Rights Watch once again drew attention to the countless atrocities being committed against civilians in the ongoing conflict in the Democratic Republic of Congo. Although Human Rights Watch has previously been vocal about the danger of crimes against humanity and even genocide occurring there, this new report provides evidence of countless rapes and murders being committed by all parties to the war, including government forces. The crisis has received relatively little media or political attention, yet violence against the civilian population continues to escalate in the region, with several Rwandan Hutus with links to the 1994 genocide participating. In its most recent report, Human Rights Watch calls for action by the international community so that victims of the international crimes being committed in North Kivu may have the opportunity to bring their perpetrators to justice. Canada’s Refugee Agency Accuses Iran of Committing Crimes against Humanity A recent decision by Canada’s Immigration and Refugee Board has found that Iran’s Revolutionary Guard, a key part of Iran’s security infrastructure, has committed numerous atrocities amounting to crimes against humanity. The decision came in the context of an asylum claim by an Iranian national, Sayed Amin Hoseyni Bob Anari, who was a former member of the Guard. In reaching its decision, the Board cited the use of secret jails, torture and violence against dissidents as evidence of a systematic and widespread campaign of violence against civilians. Although Mr. Anari’s asylum claim was ultimately denied, the finding is extremely significant in terms of accusing a government agency of engaging in crimes against humanity. Indeed, it potentially opens up both the Iranian President and other senior state officials to the risk of prosecution anywhere in the world under the doctrine of universal jurisdiction. This new controversy follows repeated attempts by the United States to have the Revolutionary Guard declared a terrorist group and is unlikely to be received well by Iran.
Corporations and Human Rights U.S. Court of Appeals for the Second Circuit Reverses Two Class Action Suits against Companies in the United States for Alleged Complicity in Apartheid
The Second Circuit court reversed the District Court’s decision, stating that ATCA does establish liability for “aiding and abetting.” Furthermore, the Court stated that the test for liability can be drawn from the federal common law and international human rights law as set out in the Rome Statute of the International Criminal Court where “one is guilty of aiding and abetting a crime if one renders aid to someone who commits a crime, and does so "[f]or the purpose of facilitating the commission of such a crime." Many view this standard as very demanding and difficult to prove for the plaintiffs. However, as long as the cases are still alive and there is a possibility of a settlement, this can be seen as a significant victory for the apartheid victims.
Chevron's Pipeline in Burma is "Military Terrorism" This week, the Superior Court of California dismissed a lawsuit in which Chevron-Unocal was seeking reimbursement from its insurers for compensation that it had to pay to Burmese villagers for the company’s human rights violations. In Doe v. Unocal, the plaintiffs alleged that the company was responsible for rapes, murders, torture, and forced labor committed by the company’s partner, the Burmese military, along the company’s pipeline in Burma several years ago. When Unocal, acquired by Chevron in 2005, tried to settle in order to avoid the risk of jury verdict, its insurers refused to pay for the settlement. Unocal sued the insurers with the hope of being reimbursed. In its decision this week, the Court found that the pattern of pipeline abuses alleged by the victims in Doe v. Unocal amounted to “military terrorism,” and therefore dismissed the company’s lawsuit seeking reimbursement. Judge Grimes also noted that the insurance policies referred to in the dispute did not cover “military terrorism.”
Launch of the UNEP Online Human Rights Guidance Tool for the Financial Sector The United Nations Environment Programme Finance Initiative (UNEP FI) aims to address human rights as they relate to the activities of finance institutions, including those linked to environmental sustainability. On October 24 UNEP FI’s Human Rights Stream launched a Human Rights Guidance Tool for the financial sector. This pilot project is now available online for all UNEP FI signatories; it includes practical guidance for the business and investment community when dealing with human rights and environmental issues. The guide includes industry sector-specific information on international standards and issues of relevance to different cultures and other sensitive geographical data that corporations and investors need to consider. After the pilot phase is completed in six months more regional information will be added to the guide based on the input and experiences of the professionals in the financial sector that use it.
Migration and Human Rights New European Blue Card Plan Set to Rival the American Green Card Last week, the European Commission proposed a new immigration plan benefiting skilled immigrants. The plan would grant skilled workers a sort of Blue Card, similar to the American Green Card, in order to work in the European Union. Unlike the Green Card, this Blue Card would be much more restrictive. First, in order to obtain the card, the skilled worker would have to meet certain criteria. The skilled worker would have to show that he/she possessed a “recognized diploma” and three years “professional experience.” Further, the professional experience would have to be in a field that was underrepresented in Europe. Therefore, the Blue Card holder would be filling a job that was empty because no other European worker could fill the position. In addition, the skilled worker would need to show that he/she had acquired a one-year contract with his/her employer with pay three times greater than the minimum wage. However, the plan did include several benefits. The skilled immigrant could bring his family to live, work, and travel in the European Union. In addition, the contract would be renewable every two years. Finally, after five years the skilled immigrant could obtain permanent residency. Although the plan has many backers in the European Commission, there is some doubt whether such a plan will ever be implemented. European states are reluctant to give up their sovereignty over issues such as immigration. This is particularly true in European states that have high unemployment rates and a large influx of immigrants. Displacement of Afro-Columbians from their Communities in the Chocó Rainforest of Columbia Six Afro-Columbians were shot dead last week in Quibdó, a city in the Chocó rainforest of Columbia. The city has become the arrival center for many displaced persons fleeing conflict in their communities. In the barrios of the city, health risks abound, there is no running water and no sanitation system. Although jobs are very difficult to find, especially for the displaced Afro-Columbians of the Chocó rainforest, a couple of weeks ago a few displaced Afro-Columbian men were fortunate enough to obtain offers of work at a goldmine south of the city. But two days after the men’s arrival on the job, their lives were cut short when an irregular armed group in uniform arrived at the goldmine and proceeded to kill the men. Such an act of intimidation and violence is just one of many committed by armed groups in the area. In many instances, the Afro-Columbian population and the indigenous people of the area have been subjected to threats and killings which have led to an increase in the number of displaced persons. In response to this recent attack, UNHCR condemned the killings and reminded the Columbian state of its obligations under international and domestic constitutional law to protect “ethnic minorities” who have a “special relation to the land” such as the Afro-Columbian and indigenous communities. Interestingly, Columbia’s Constitutional Court last week reviewed the lack of measures taken by the Columbian government to prevent forced displacements of Afro-Columbians and protect those Afro-Columbians already displaced.
Amnesty International Publishes New Report on the Plight of Palestinian Refugees in Lebanon Amnesty International last week issued a report entitled “Exiled and Suffering: Palestinian Refugees in Lebanon,” which criticizes the continued discrimination against Palestinian refugees residing in Lebanon. Although Amnesty International recognized the efforts made by the Lebanese government to provide for the over 300,000 Palestinian refugees, the organization emphasized the need for continual improvement in their treatment. In particular, Amnesty International seeks the lifting of restrictions which prevent Palestinian refugees from owning property, repairing homes, and seeking employment opportunities. Specifically, Amnesty International has noted that Palestinian refugees are sometimes intimidated or fined for trying to add on to their homes. With regards to employment, Amnesty International raised concern that Palestinian refugees were still discriminated against and marginalized even after the Lebanese government lifted a “ban on 50 of the 70 jobs restricted to them.” In addition to criticizing Lebanon for its continued discrimination against Palestinian refugees, Amnesty International did mention significant progress by the current Lebanese government in improving the conditions of Palestinian refugees. The current Lebanese government has lifted restrictions not only in employment but in the housing market. Further, according to Amnesty International, the current government has begun addressing the problem of “non-IDed Palestinians.” In the end, Amnesty International has called on the international community to continue contributing to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) fund and the Lebanese government’s fund to rebuild conflict damaged refugee camps, while ultimately searching for a long-term solution to the Palestinian refugee problem.
International and Regional Human Rights Bodies Yukos Case: European Court of Human Rights Holds Russia Accountable October 25, 2007: The European Court of Human Rights held Russia responsible for violating the rights to liberty and to security with respect of the detention of former Yukos executive Platon Lebedev, who was held in pre-trial detention without the necessary legal orders. While the international community has widely viewed the Yukos case as an attempt by the Kremlin to get rid of its political opponents, Russian officials deny such accusations, insisting that the case was a matter of tax evasion and money laundering. Russia's representative to the Court called the decision "inexplicable," and pledged to appeal. According to Mr. Lebedev's lawyers, this decision conclusively demonstrates that the Russian authorities have been guilty of grave legal misconduct in their prosecution of Mr. Lebedev and others arrested in connection with the so-called “Yukos Affair.” The lawyers called for the immediate release of Mr. Lebedev and his partner, Mr. Khodorkovsky.
UN Expert to Look into Allegations of Illegal Killings by US Military and Contractors October 26, 2007: Philip Alston, the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, welcomed the United States’ decision to agree to let him visit to investigate allegations of illegal killings of civilians by members of U.S. military in Iraq and Afghanistan. Among the cases he is going to investigate are abuse of detainees at Abu Ghraib prison, the killings of 24 civilians by U.S. Marines in Haditha, Iraq, and the rape and killing of a 14-year-old girl and the slaying of her family south of Baghdad. The other issues he will look at are abuses by non-state actors and military contractors such as Backwater and the use of death penalty. In a statement, Alston pointed out that nearly 30 other countries, including members of the Security Council such as Russia and China, are still refusing to host his visits and expressed great frustration at the lack reaction by the General Assembly and the Human Rights Council, which, he said, “has done nothing in response”
Koreas Talk at UN: Progress in Human Rights Situation in North Korea is Expected Representatives of North and South Korea have been meeting at the U.N. General Assembly's Social, Humanitarian and Cultural Committee meeting. At this meeting, United Nations Special Rapporteur on North Korea Vitit Muntarbhorn drew attention to human rights problems in North Korea, including state persecution and abduction. By contrast, South Korea, has not emphasized these human rights issues, but instead has tried to preserve achieved result in negotiations. Muntarbhorn is optimistic about the positive impact these talks could have on human rights in North Korea. The South Korean delegation views the result of the meeting as a basis for creating firm and real progress on human rights problems.
International Justice Complaint Filed against Donald Rumsfeld for Torture and Abuse at Guantanamo and Abu Gharib During a recent visit by former U.S. Secretary of Defense Donald Rumsfeld to Paris, four human rights organizations (the Center for Constitutional Rights, the European Center for Constitutional and Human Rights, the International Federation for Human Rights, and the French League for Human Rights) filed a complaint against him. The complaint, filed before the “Tribunal de grande instance” (Court of first instance) of Paris, charged him with ordering and authorizing torture. These organizations argued that the French Court has the obligation to prosecute Rumsfeld, while he is in French territory, under the Convention against Torture and the French Code of Criminal Procedure. Specifically, Article 689-1 of the French Code of Criminal Procedure says:
Article 689-2 of the French Code of Criminal Procedure says:
Donald Rumsfeld had been in Paris to attend a conference sponsored by Foreign Policy magazine. He had to leave through a door connecting to the U.S. embassy to avoid journalists and protestors outside. To date, Rumsfeld has been charged five times with direct involvement in torture.
UN Expert: Sexual Violence against Women in the Democratic Republic of Congo Is War Crime
International Criminal Court Opens Field Office in Central Africa Republic On October 23, the International Criminal Court opened a field office in the Central Africa Republic (CAR), five months after its prosecutor decided to launch an investigation into the grave crimes committed in CAR after July 2002. According to ICC Registrar Bruno Cathala, “Opening an office in the Central African Republic is a response to key challenges for the Court and beyond, a response to its needs for the investigations currently being conducted by the prosecutor and later by the defence lawyers if the court is seized with a case.” This is the fifth field office opened by the ICC, and it is designed to help investigation teams, defence lawyers, and experts.
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