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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.
November 14 , 2007
Crimes Against Humanity and Genocide | Corporations and Human Rights Migration and Human Rights | International and Regional Human Rights Bodies The United Nations System | Other
Crimes against Humanity and Genocide United Nations Mission in East Timor Urges Timorese Government to Take Steps to End Impunity for Perpetrators of Crimes against Humanity In an interview with Radio Australia’s Asia Connect programme this week, the UN Special Representative for East Timor, Atul Khare, spoke of his disappointment at the continued failure of the Timorese Government to implement the recommendations laid out in the report of the 2005 Reception, Truth and Reconciliation Commission. The Commission interviewed more than 7,000 victims of grave human rights abuses over three years and concluded that the Indonesian Security Forces had engaged in a “massive, widespread and systematic” campaign of abuses against the population, some of which amounted to crimes against humanity and war crimes. In particular, Khare remarked that amnesties were not appropriate for the most serious crimes, such as crimes against humanity, which were committed in East Timor between 1975 and 1999. He went on to say that effective prosecutions for egregious human rights violations were necessary both in terms of dealing with history and for the future social stability of the country. In total, it is estimated that around 102,800 people were killed during the 24 year Indonesian occupation: a figure that corresponds to approximately 10% of the current population. In 2005, the UN Commission of Experts appointed to review the Timorese justice system called it “woefully inadequate”.
Key Leader of Khmer Rouge Faces Arrest and Extradition to Extraordinary Chambers in the Courts of Cambodia On November 12, former Khmer Rouge Foreign Minister Ieng Sary and his wife, Ieng Thirith, the former Minister of Social Affairs, were arrested and charged with crimes against humanity by the Extraordinary Chambers in the Courts of Cambodia, the tribunal set up, with assistance from the United Nations, to try the country’s former Khmer Rouge leaders. Although Sary, Pol Pot’s brother-in-law, has consistently denied all responsibility for the alleged crimes and was granted a royal pardon in 1996 for being the first to defect from the regime, this will not prevent him from being tried by the Extraordinary Chambers. The arrest of Sary and Thirith comes only two months after the most senior surviving figure from the Khmer Rouge regime, Nuon Chea, was arrested at age 82. The attempts at bringing to justice those responsible for the most serious crimes committed during the Khmer Rouge’s reign of terror have been largely considered a failure. Most of the key leaders are dead or extremely old; indeed, Pol Pot, the regime’s “Brother Number One,” died in 1998. Nobody has yet been prosecuted by the Tribunal, and some question how effective justice can be so long after the events occurred. Nonetheless, the arrests of two such senior figures, responsible for some of the most serious human rights abuses will surely be viewed as a positive step towards ending impunity in Cambodia.
Congo Agrees to Disarm Hutu Rebels A peace agreement has been reached in Nairobi between the Rwandan and Congolese foreign ministers, whereby Congo has agreed to forcibly disarm Rwandan Hutu rebels on its territory. This is an attempt to stabilise the region, amidst fears that the violence in the North Kivu province could escalate into another long-term conflict. The deal, which was also signed by diplomats from the United Nations, United States, and European Union, also obligates the Congolese Government to hand over to Rwanda any individuals indicted for genocide, war crimes, or crimes against humanity. In addition, the Rwandan Foreign Minister Charles Mungarde agreed to seal the Rwandan border with Congo and ensure that illegal armed groups – especially the Tutsi insurgency led by renegade General Laurent Nkunda – do not receive any cross-border support. This particular rebel group, known as the Democratic Forces for the Liberation of Rwanda (FDLR), have been heavily involved in the fighting in North Kivu, a conflict in which serious human rights abuses have been committed against the civilian population. It is hoped that this peace agreement not only brings to justice those complicit in the 1994 Rwandan genocide but also prevents any further atrocities from occurring in the DRC.
Corporations and Human Rights Uzbekistan is Using Child Labor in its Cotton Production Uzbekistan is the second biggest cotton exporter in the world and is one of the five countries that dominate the global cotton industry. Uzbekistan exports some 800,000 tons of cotton each year, much of which is produced with child labor and finances the oppressive regime of the Uzbek government. About 19% of the cotton produced in the country is exported to Europe and according to various studies ends up in one out of four garments bought in the UK. Most European retailers that want to boycott cotton produced with child labor claim that it is very difficult to do in practice since it is hard to tell where the cotton comes from. Continental Clothing is one of the very few international retailers based in the UK that is keen to stop the exportation of any cotton produced with child labor through awareness-raising campaigns and by using producers of organic cotton with strict production guidelines. The company’s director points out that “All you do is ask your supplier. Every piece of cotton is tested for quality, so somewhere along the line there is always a paper trail.” Today, China, India, Pakistan, Brazil, Uzbekistan and Turkey have been reported to use child labor in their cotton production.
Gap Clothes Made by Indian ‘Slave’ Children in Stores for Christmas Violations of child labor standards have been reported in Indian textile factories producing clothes for GAP Kids. The children were found to be working in slave-like conditions for long hours, and were often threatened and beaten by their supervisors. GAP admitted that the garments produced in India using child labor corresponded to its own inventory and were intended for the Christmas market. GAP is currently investigating the breach of the ethical code imposed on its Indian suppliers and pledged to withdraw its entire collection produced in India before Christmas. “All of our suppliers and their subcontractors are required to guarantee that they will not use child labor to produce garments. In this situation, it's clear one of our vendors violated this agreement … we take the situation very seriously,” the company said in a statement. This discovery has once again raised concerns about the outsourcing of garment production to India and other developing countries by large retail corporations. In response to earlier criticisms over its outsourcing of production to developing countries, the GAP has launched a social audit program to combat labor violations in its factories abroad.
The Rights of Indigenous Peoples and Corporations According to the report Indigenous Rights, Indigenous Wrongs: Risks for Resource Sectors that was released last month by Ethical Investment Research Services (EIRIS) and the Centre for Australian Ethical Research (CAER), corporations are not doing enough to protect the rights of indigenous peoples when operating in areas where such rights are threatened. The report examines various challenges often faced by companies and analyzes the measures companies are implementing to address indigenous and land rights issues. More specifically, the report examines policies adopted by several large corporations operating in the areas where the rights of indigenous peoples are affected. The report found that while most companies demonstrate a basic public commitment to indigenous rights, the quality of reporting on these issues is very poor and very few companies are committed to achieving free prior and informed consent in all projects. However, with the adoption of the Declaration on the Rights of Indigenous Peoples in September 2007, this could change. In addition, as international standards on this issue evolve, the actions of corporations will be more scrutinized and their commitment to the rights of indigenous peoples should increase as a result.
Migration and Human Rights Sudanese Refugees Seeking Asylum in Israel Returned to Sudan through Egypt The precarious situation of Sudanese refugees in Egypt was discussed recently in an article by Agence-France Presse. According to the author, Charles Onians, the Egyptian authorities violated an agreement made between the Prime Minister of Israel and the President of Egypt when they repatriated 48 refugees to Sudan. These refugees, who had illegally entered Israel, were supposed to be removed to Egypt where they would be looked after by UNHCR. Of particular concern is the fact that the Sudanese government has threatened to persecute those refugees who seek asylum in Israel, which it does not recognize as a state. The article cites a Human Rights Watch report that criticizes both Israel and Egypt in this situation. Specifically, the report rebukes the Israeli government’s policy of expelling Sudanese refugees to Egypt. At the same time, it expresses concern that Egyptian officials might mistreat returning refugees. Egyptian border guards were recently reported shooting at Sudanese refugees trying to enter into Israel.
Breakthrough in Syria
A Common European Asylum System: Discussion Points On November 7, a public hearing was held in Brussels to discuss the “Future Common European Asylum System.” One of the keynote speakers was the Assistant UN High Commissioner for Refugees, Erika Feller, who addressed the most important issues UNHCR feels will need to be tackled in establishing the Common European Asylum System. Ms. Feller highlighted several key concepts that the UNHCR hopes the European Union will consider when forming the Common European Asylum system. First, Ms. Feller underlined the need for an in-depth evaluation of the “first phase legal measures” toward a goal of adoption of legislative proposals in 2010 by the Council and Parliament. Ms. Feller stressed the need for evaluations of national laws and practices to best create new legislative proposals. These evaluations should consider raising the “standards of procedural or substantive protection.” In addition, Ms. Feller emphasized the need for quality decision-making among all the states, including consistency in the application process. According to Ms. Feller, one way to do this is to insure “quality control and assurance mechanisms” by way of “quality initiative projects.” Finally, Ms. Feller commented on three challenges facing the new Common European Asylum System: “providing access to fair and effective asylum procedures”(including issues of border control, examination of claims and appeals), addressing “the divergent approaches taken to protection needs by Member states” (particularly the different ways that Member states interpret “key legal concepts”), and defining “the responsibilities of key EU institutions for development of the Common European Asylum System” (this includes interpreting the role of the European Court of Justice in “overseeing the compliance with asylum acquis”, the Commission’s responsibilities and the role of the newly proposed Asylum Support Office).
International and Regional Human Rights Bodies Proposed Antiterrorist Amendment Raises Doubts about Freedom of Expression in European Union November 8, 2007: The European Commission has offered amendments to the 2002 EU Framework Decision on combating terrorism that would create three new categories of criminal offences: 1) provocation to commit terrorism, 2) recruitment for terrorism, and 3) training for terrorism. While the concepts of "recruitment" and "training" require a direct connection with a terrorist organization or activity, definition of "provocation" is quite broad and applies to every message “whether or not directly advocating terrorist offence” that causes “danger.” Unlike the Council of Europe Convention on the Prevention of Terrorism, from which the definitions of the crimes were taken, the Framework Decision does not contain exception clauses to protect freedom of speech. As the observers point out, the proposed amendment as it stands bears a serious threat to freedom of expression in Europe.
Uzbekistan: Torture is “Systematic” November 9, 2007: The United Nations Committee against Torture (CAT) is holding hearings on a periodic report from Uzbekistan, where torture, according to the UN Special Rapporteur, is “systematic.” Human Rights Watch (HRW) confirmed the Rapporteur’s position in its recent 90-page report entitled “Nowhere to Turn: Torture and Ill-Treatment in Uzbekistan.” According to the report , torture and ill treatment are endemic to Uzbekistan’s criminal system. They are widely used during pre-trial detention and investigation to compel detainees to confess or give testimony. The report documents beatings with truncheons and bottles filled with water, electrocution, asphyxiation with plastic bags and gas masks, sexual humiliation, and threats of physical harm to relatives. Admittedly, facts of torture and ill treatment are mostly ignored by investigators, prosecutors, and judges as well as tolerated in the society at large.
State of Emergency in Georgia Concerns UN High Commissioner for Human Rights November 8, 2007: The United Nations High Commissioner for Human Rights Louise Arbour has expressed concern about the situation in Georgia, where the government has declared a state of emergency. The High Commissioner said that she was particular worried about reports that indicated disproportionate force had been used against Georgia's Public Defender, that opposition leaders were being held, and that demonstrators had been abused. She also expressed concern over reports indicating that police have raided independent television and forced them to cease broadcasting. In addition to expressing her support for Georgia’s Public Defender, the High Commissioner reiterated that the country is a state party to the International Covenant on Civil and Political Rights, which prohibits the suspension of fundamental rights, such as the right to life, the prohibition of arbitrary detention, torture and cruel, inhumane and degrading treatment even in times of emergency. In addition, she said, restrictions on these rights must be proportionate and can only be applied to the extent and for the time strictly required by the situation.
The United Nations System The United Nations System and Human Rights: UN Expert on Contemporary Forms of Racism Warns of a New Wave of Racism Presenting his report to the UN General Assembly’s Social, Humanitarian and Cultural (Third) Committee, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Doudou Diène, expressed his concern about the emergence of a new wave of violent racism. He also noted the “political normalization and democratic legitimization of racism and xenophobia.” During the meeting held in New York, Mr. Diene criticized the French president, Nicolas Sarkozy, accusing him of legitimizing racism. He referred to a speech given by the French president in Dakar on July 2nd and to the new French law related to the regulation of immigration. UN Rapporteur on Torture Urges the Government of Uzbekistan to Let Him Visit The UN Rapporteur on Torture, Manfred Nowak, expressed his concern at the continuing refusal by the government of Uzbekistan to permit him to visit the country to be able to “monitor on the ground what is going on.” Mr. Nowak made his statement as the UN Committee against Torture (CAT) began discussions on the treatment of prisoners in Uzbekistan. The government of Uzbekistan rejected Mr. Nowak’s comments, stating that they had implemented the previous recommendations made by the previous Rapporteur. In the same vein, Human Rights Watch issued a report on November 7th urging the CAT, composed by 10 independent experts, to condemn Uzbekistan for conducting torture on prisoners.
By Marwan Maalouf Freedom of Movement and Expression in Tunisia: The Tunisian Government bans Two Prominent Human Rights Defenders from Leaving the Country, thereby Violating the International Covenant on Civil and Political Rights Invited to attend a conference at Georgetown University Law Center on democracy and human rights in Tunisia organized by several human rights organizations, two prominent Tunisian human rights defenders were banned from leaving their country. Last week, Judge Ahmed Rahmouni was not given the required authorization from the Ministry of Justice to leave the country and on November 10, Mohamed Abbou, a human rights lawyer and former prisoner of conscience, was halted from boarding his flight to the United States. The Tunisian government’s actions are a clear violation of the International Covenant on Civil and Political Rights, which obligates the states parties to guarantee the right of everyone to leave their own country.
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