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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.
September 19, 2007
Crimes Against Humanity and Genocide | Corporations and Human Rights Migration and Human Rights | Regional Human Rights Bodies Regional and International Human Rights Institutions
Crimes against Humanity and Genocide
New Report on Atrocities in the Central African Republic (CAR) On September 14, Human Rights Watch released a report implicating government troops in the Central African Republic (CAR) in numerous atrocities committed in the region since the election of President François Bozizé in 2005. During this time, violence against the CAR’s civilian population has been widespread. Specifically, according to the report, the country’s Presidential Guard and its African Armed Forces, both of which are controlled by the President and act independently of the military forces, have carried out an estimated 51 of 119 summary executions, and forcibly displaced around 212,000 civilians. Such atrocities, carried out in a widespread and systematic manner by the CAR government, likely constitute crimes against humanity as defined by the Rome Statute to the International Criminal Court (ICC). Indeed, the ICC is currently investigating these abuses, particularly those crimes of a sexual nature. Unfortunately, as the Human Rights Watch report highlights, the perpetrators are not being held accountable for their actions at the domestic level, and many continue to enjoy de facto impunity. At the same time, the international community has tended to overlook the crimes against humanity being committed by the government of the CAR, often viewing the violence as mere overspill from the conflict in neighboring Darfur. Human Rights Watch’s recent report is aimed at bringing greater attention to this region.
Crimes against Humanity in the Sudan According to a September 13 United Nations news release, violence in Darfur (which the international organization has indicated constitutes crimes against humanity, but which it has not yet designated as genocide) is affecting vulnerable groups such as women and children at an alarming rate. In particular, sexual violence is widespread and the number of killings, abductions, and rapes are showing little sign of decreasing. This news advisory highlights the findings of an August 29 report by UN Secretary-General Ban Ki Moon, in which he expresses his concern that perpetrators of sexual violence and rape are enjoying impunity. In his report, Mr. Ban urges all parties to the Darfur conflict to take concrete action to ensure the prevention of such crimes and, in particular, to set up protection units for women and children while also taking steps to enforce the rule of law.
Violence Escalates in the Democratic Republic of Congo (DRC) In a September 10 press release, Amnesty International expressed its concern that the escalating violence in the North Kivu province of the DRC may lead to ethnic killings on a massive scale. Reports from those fleeing the fighting between government forces and rebels loyal to renegade General Laurent Nkunda allege that civilians are routinely being raped and killed. The violence has been so severe that UN Humanitarian Coordinator John Holmes has called on the fighting parties to respect international humanitarian law and to stop targeting civilians. Equally worrying is the involvement of the Rwandan government, which has been supplying Nkundu’s forces with manpower, arms, and ammunition. Furthermore, the latest reports indicate the involvement of the Forces Démocratique pour la Libération du Rwanda (FDLR), comprised of troops who were heavily complicit in the 1994 Rwandan genocide. Little has been done to bring Nkundu to justice, although an international arrest warrant was issued for him nearly two years ago.
Corporation and Human Rights
No to Disney Sweatshop Toys According to a September 12 report by the U.S.- based workers rights group China Labor Watch, significant labor violations have been found in eight Chinese factories producing toys for large multinational corporations including Walt Disney. According to the investigative report, the toy manufacturers paid "little heed to the most basic standards of the country...wages are low, benefits are nonexistent, work environments are dangerous and living conditions are humiliating." Specifically, the report notes that factory workers at Haowei Toy factory are forced to work 28 days a month for more than 15 hours each day, and that they are fined if they refuse to work overtime. In addition, Haowei factory workers are paid 2.5 Yuan (32 US cents) per hour, 62.5 percent of the legal minimum wage of 4.02 Yuan, and that overtime premiums are also below the minimum required by law. The workers are usually fined for toilet breaks that exceed 5 minutes. Furthermore, workers in the paint spraying and printing departments have to breathe in chemical fumes because of bad ventilation, exposing themselves to great health risks. They are not given insurance against work injuries, or provided with pension benefits. China Labor Watch claims "the conditions at Haowei reflect the failure of the Disney system to monitor and respond effectively to violations of the Disney code of conduct and the workers' rights the code professes to defend." In response, Disney stated that the company "takes claims of unfair labor practices very seriously, and [will] investigate any such allegations thoroughly, adding that action would be taken to rectify the problem."
Chevron to Stand Trial for Human Rights Abuses in Nigeria Nigerian Plaintiffs are currently suing Chevron in federal court in San Francisco. The suit stems from two incidents, in 1998 and 1999, in which Nigerian military and police – with the help of Chevron's funding and equipment (such as boats an helicopters) – destroyed two Nigerian villages. The destroyed villages had allegedly been associated with opposition to Chevron's oil business in the Niger delta region. The nine Nigerian plaintiffs assert claims of torture and wrongful death. On August 14, a U.S. District Court Judge rejected Chevron's final attempts to avoid trial, and found direct evidence that Chevron Nigeria Limited personnel were involved in brutal attacks. “The court’s ruling reaffirms that corporations who are complicit in human rights abuses can be held accountable, regardless of where those abuses occur," said Rick Herz, Litigation Coordinator at EarthRights International.
Khartoum Booms as Darfur Burns Sudan, rich in natural resources, is today one of Africa’s most lucrative markets for foreign investment. Such investment can be seen in the Sudanese capital of Khartoum – home to the government of President Omar El Bashir – in the soon-to-be completed Burj al-Fatih, a grand new luxury hotel on the banks of the Nile. The Corinthia Group, the Maltese-Libyan company that heads the project, declared that it had no direct investment in Sudan and stated that it was its subsidiary that had agreed to provide consulting services for the hotel design and construction in 2000. In addition to the Corinthia, many other foreign investors are being criticized for their investments in Sudan, which in a way gives legitimacy to the Sudanese government and the genocide in Darfur. As a result, several companies such as Rolls Royce, Siemens, Switzerland’s ABB and Canada’s CHC Helicopter are preparing to pull out of the country. Nevertheless, Sudan remains a booming market waiting to be exploited by large multinationals once the country’s humanitarian catastrophe is brought to an end.
Migration and Human Rights
New Visa Restrictions May Impede Iraqi Refugees from Entering Syria On September 11, the UN News Service reported that new visa policies are preventing Iraqis from entering Syria. These new policies, which went into effect in Syria on September 10, require that most Iraqis apply for a visa from the Syrian Embassy in the Al Mansour district of Baghdad before they can cross the border into Syria. (These new requirements, however, do not apply to applicants from certain professional categories.) The United Nations High Commissioner for Refugees highlighted the danger that these new restrictions present to the refugee community in Iraq. First, UNHCR said, traveling to the Syrian Embassy in the Al Mansour district of Bagdad is increasingly dangerous because of the continuing sectarian fighting in that district. Second, by complicating the process of escape, Iraqis are less able to access safe places outside the country. Because of the delicate situation that persists in Iraq, the UNHCR has appealed to the Syrian government to waive the new restrictions for Iraqi refugees and has indicated its hope that the Syrian government will provide visas on humanitarian grounds for those Iraqi refugees fleeing persecution.
Renewed Violence in North Kivu Leads to an Increase in Displaced Persons Renewed violence between rebels and government troops in the North Kivu province of the Democratic Republic of Congo (DRC) has led to an increase in displaced persons. According to a September 11 report of the UN News Centre, there are approximately 25,000 to 30,000 displaced Congolese stuck on the Uganda border awaiting return to their homes in the DRC. Due to the mass gathering of displaced persons along the border, the Ugandan government fears an outbreak of disease and lack of provisions for the displaced, and has suggested that displaced persons seek refuge in the UNHCR camp at Nyakabanda, Uganda (20 km from the DRC’s border) or return home to the DRC. United Nations agencies across the region are trying to cope with the upsurge in internally displaced persons and refugees fleeing the country. These agencies are providing needed supplies and medicine to different makeshift camps in the region, although malnutrition and disease remain a constant threat to those displaced. Overall, the UN News Service reports that since December 2006, the number of new internally displaced persons in the North Kivu region has surged to over 220,000 – and this figure continues to rise.
Human Rights Abuses along the Egyptian-Israeli Border Refugees trying to enter Israel from Egypt have been met with violence, according to an August 15 statement by Amnesty International. The statement describes the recent arbitrary killing of two Sudanese refugees illegally crossing from Egypt to Israel at night, and describes how Egyptian border officials have, on several occasions, used excessive force against refugees trying to reach Israel. For example, the statement notes that one Sudanese woman was recently shot and killed while trying to cross the border into Israel. In its statement, Amnesty makes clear that although states have the right to control their borders, they must at the same time uphold internationally recognized human rights standards. Amnesty worries that the officials who patrol the Egyptian-Israeli border are improperly trained to deal with crowd control and human rights issues and therefore calls on the Egyptian authorities to ensure that the proper international human rights regulations are implemented, particularly the UN Code of Conduct for Law Enforcement Officials. In addition, Amnesty reminds Egypt of its obligations under the 1951 Convention Relating to the Status of Refugees and the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment. Amnesty also demands that Egypt ensure that each refugee claim is individually assessed and that no refugee is forcibly returned to a country where he/she might face human rights abuses.
Regional Human Rights Bodies
European Court of Human Rights Decides Inheritance Case The European Court of Human Rights held a Grand Chamber hearing on September 12, in the case of Burden and Burden v. the United Kingdom. In this case, two elderly British sisters argued that they should be given the same legal rights as married and same-sex couples when it comes to the United Kingdom’s inheritance tax law. The sisters complained that under British law, when one of them dies the other will be forced to sell her house to pay the UK’s 40% inheritance tax. When the second sister dies, they noted, the tax would have to be paid again on the remaining property. The sisters argued that the law is discriminatory because they are subject to its provisions while spouses and same-sex partners are exempt. The European Court of Human Rights held, by four votes to three, that there had been no violation of the European Convention on Human Rights’ Article 14 (prohibiting discrimination), read in conjunction with Article 1 of Protocol No. 1. At the same time, three judges dissented. Judge Pavlovschi, from Moldova, argued that such a situation was "fundamentally unfair," while the other dissenting judges, from Malta and Poland, wrote that that the state will be able to collect its tax in full upon the death of the surviving applicant "but the state wants to do it twice: first upon the death of the first sister and later by imposing a new inheritance tax on what still remains of the estate."
Council of Europe to Draft First Treaty Guaranteeing Right of Access to Information The Council of Europe is getting ready to adopt the European Convention on Access to Official Documents, the world’s first treaty guaranteeing the right of access to information. The final drafting session will take place in Strasbourg from October 9-12. This convention will establish a right to request “official documents,” broadly defined as all information held by public authorities, in any form. This right to “official documents” can be exercised by any person regardless of his or her particular interest in the information requested. There will be no charge for filing requests or viewing documents. However, some civil society groups, such as Access Info Europe, Article 19. and the Open Society Justice Initiative, believe the convention remains flawed and have launched a campaign to call for a stronger European treaty on access to information.
Inter-American Commission on Human Rights Calls on Peru to Protect the Right to Health The Inter-American Commission on Human Rights has asked the government of Peru to take immediate steps protect the citizens of La Oroya from the severe health impacts caused by contamination from a smelter. In their petition to the Commission, representatives of the Peruvian Society for Environmental Law (SPDA), the Inter-American Association for Environmental Defense (AIDA), Earthjustice, and the Center for Human Rights and Environment alleged that the government of Peru knew that children living near the smelter suffered from lead poisoning, but that it had done nothing to address this problem. The Inter-American Commission on Human Rights stated in its opinion that “this kind of pollution violates human rights, and that international law thus requires governments to prevent such tragedies and to take steps to remedy them when they happen.”
Regional and International Courts
Developments at the European Court of Human Rights On September 11, the European Court Of Human Rights delivered four Chamber judgments. These are two of them: On December 30, 1997 after 17 years of criminal procedures, the domestic courts found that two officers from the Artvin gendarmerie had been accomplices in acts of torture inflicted on Mr. Aksakal, and sentenced them to two years and one month in prison. The judgment was never carried out, and the two officers continued to serve in the army. The domestic court concluded that Mr. Aksakal did not die from any torture but from his ''existing illness.'' Mr. Aksakal’s widow, Teren Aksakal filed suit before the European Court of Human Rights (ECHR), claiming that the Turkish authority tortured her husband and was responsible for his death. She also complained about various shortcomings in the criminal proceedings. At issue were the European Convention of Human Rights' Article 2 (Right to Life), Article 3 (Prohibition of torture and inhuman or degrading treatment), and Article 13 (Right to an effective remedy).
Concerning Miss Aksakal’s second complaint, related to domestic criminal procedure, the ECHR considered that this procedure continued after Turkey accepted the right to individual petition. Accordingly, the Court decided that these allegations fell under its jurisdiction. Concerning these allegations, the ECHR highlighted the importance of Articles 2 and 3 of the Convention. The Court considered that these articles must be enforced even during difficult circumstances and said that there were no exceptions to Article 3. The Court added that Article 2 imposes, in addition to the negative obligations, a positive obligation on the states to protect the life of individuals through effective and efficient trials. Given all these provisions, the Court concluded that the domestic criminal procedure had not been rigorous and that it did not protect the rights mentioned in Articles 2 and 3 of the Convention. The Court decided by five votes to two that there had been a violation of Articles 2 and 3. It also decided unanimously that there was no need to examine the allegations under Article 13. The Court awarded the applicant 45,000 Euros for damages and 5,000 Euros for costs and expenses. Case of Tremblay v. France: The Court then explained that the applicant’s complaint makes allegations about forced prostitution, which is incompatible with human rights and human dignity. After these general statements, the Court said that it has no doubt about the applicant’s sincere intention to give up prostitution, and noted that the payment orders were making this more difficult (this statement was admitted by the government of France). Nevertheless the Court did not find that the applicant had actually been forced to continue to work as a prostitute, given that the Agency had never required her to fund her contributions by working as such. Moreover, the applicant had not provided any real evidence that she had been unable to pay by any means other than engaging in prostitution. The court held by six votes to one that there is no violation of Article 3 and the Court held unanimously that no separate issue arose under Article 4.
Developments at the International Criminal Tribunal for Rwanda (ICTR) ICTR Prosecutor Asks for Transfer of Three Defendants to Rwandan Courts
France Arrests Rwandan Genocide Suspects The Security Council Re-Appoints ICTR Prosecutor Jallow
UN General Assembly Adopts the Declaration on Rights of Indigenous Peoples After 20 years of negotiation, the UN General Assembly adopted the Declaration on Rights of Indigenous Peoples. One hundred and forty three countries voted in favor of this declaration, protecting the rights of the world's estimated 370 million indigenous persons. After the adoption of the declaration the General Assembly President said "the importance of this document for indigenous peoples and, more broadly, for the human rights agenda, cannot be underestimated. By adopting the Declaration, we are also taking another major step forward towards the promotion and protection of human rights and fundamental freedoms for all.” UN Secretary General Ban Ki-Moon called on "all the governments to ensure that the Declaration’s vision becomes a reality by working to integrate indigenous rights into their policies and programs." The new Declaration is a non-binding text that lays out the individual and collective rights of indigenous peoples as well as their rights to culture, identity, language, employment, health, education, and other issues. The declaration prohibits any discrimination against indigenous peoples. Articles 3 and 4, which provide "the right to self-determination" and "the right to autonomy or self-government in matters relating to their internal and local affairs," might have caused four states to reject the Declaration and another 11 states to abstain from the vote. The four states that voted against the Declaration – Australia, Canada, New Zealand and the United States – each have a large number of indigenous peoples
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