#46 april 2001

La Lettre

FIDH Newsletter

Editorial

One more effort, Mr Kostunica!

On Sunday 1st April 2001, the news was confirmed: Milosevic is behind bars. That sentence deserves to be written out again; we've been waiting for this moment for too long - let's savour it: yes, Milosevic has been arrested and is on remand in Belgrade!
The Yugoslav justice system's accusation of corruption and embezzlement, with 130 million euros misappropriated, weighs little against the decision in June 1999 by the International Criminal Court for the Former Yugoslavia (ICCFY) to indict Milosevic for war crimes and crimes against humanity. But it constitutes the first step, leading to his present arrest and ultimately, we hope, to his handover to the ICTFY.
It remains to be seen how the new Yugoslav administration will tackle the thorny problem of whether to give legal priority to Belgrade or The Hague. From the legal point of view, the answer is straightforward: in the light of the statutes of the ICCFY, which was set up by the United Nations and is now recognised by the Yugoslav authorities, its transfer request should take precedence. There is an obligation to comply with it. Milosevic, the author of crimes against humanity, must account for his actions before the international legal authorities in The Hague.
In reality, there are of course more political considerations, as the ICTFY, which lacks any means of coercion, can only rely on the co-operation of the state detaining the accused: the ICTFY's fundamental flaw is revealed again. We can understand the difficulties facing the new Yugoslav authorities. The transition is recent and the administration's power base has a strong nationalist element. We are also aware of the cathartic virtues of a trial before a domestic court. But, given such flimsy charges, the alibi of a trial in Belgrade would fool nobody and, for Milosevic's victims, it would constitute a flagrant denial of justice. Aware of the urgent implications, not least financial, of a rapprochement
with the EU and the US for his régime and his country, Kostunica the politician has demonstrated that he is sensitive to international pressure. It now remains for Kostunica the President/jurist to admit that he has no choice and to send Milosevic to the ICCFY.

Antoine Bernard
Executive director


Contents

Quiet days in Dakar for Hissein Habré

A fortress under siege and the latest facts regarding human migration.

Human Rights Defenders Between daily repression and international hypocrisy

SPECIAL SUPPLEMENT:

Second Summit of the Americas

Analysis
EU
has distanced itself from the 'Colombia Scheme'.

Analysis
A fortress under siege and the latest facts regarding human migration.

Quiet days in Dakar for Hissein Habré

>> The former head of state, now in luxurious exile in Senegal, reigned supreme over Chad from 1982 to 1990.

He is charged with responsibility for at least 40,000 deaths and his name still makes the citizens of Chad tremble for all the terrible torture perpetrated in his name. Despite this, the Senegalese Court of Appeal took a serious decision on 20 March 2001: he will not be tried in Dakar. The court ruled that Senegalese judges do not have jurisdiction to try the crimes committed by the ex-dictator of Chad.

A major setback.
The ruling runs counter to Senegal's international commitments. It also represents a major setback to the progress recently achieved in the struggle against impunity. Senegal has missed an historic opportunity. The first country in the world to ratify the statute for the International Criminal Court, hailed by its peers for its peaceful democratic transition in March 2000, Senegal has with this decision suddenly reverted to the "reasons of state" tradition. The credibility and honour of the Senegalese legal system were at stake. The public prosecutor at the court of appeal had accepted the arguments put forward by Hissein Habré's victims in favour of the jurisdiction of the Senegalese court. Article 79 of the Senegalese Constitution is very clear. It states that "agreements regularly ratified or approved shall upon publication have superior authority over laws". As the Convention Against Torture had been ratified and published in 1986 in Senegal, it applied to the case in point and therefore gave the Senegalese judge jurisdiction to try the ex-head of state of Chad. The court of appeal unfortunately decided otherwise, giving domestic law priority over international law.

Other complaints lodged.
Why, some will ask, should we require Senegal to do what Western countries are not prepared to do? Britain sent Pinochet back to Chile. Milosevic has still not been arrested and sent to the International Criminal Tribunal for Former Yugoslavia. French judges consider that Gaddafi should benefit from immunity to all criminal proceedings, even though he is suspected of having committed terrorist acts! All these cases are immensely disappointing, in the first place for the victims, but also for human rights defenders across the world.

Fear has changed sides - for good.
But, make no mistake - they have also triggered advances in international criminal justice. Pinochet has returned to Chile, but who would have thought barely three years ago that the Chileans themselves would be able to try their former torturer? Yet this is exactly what is happening, thanks to the tenacity of Judge Guzman. Hissein Habré may not be tried in Senegal, but other complaints have already been lodged in other countries with more independent legal systems. Milosevic may still be free, but what sort of freedom is it that condemns you to be constantly holed up in your hiding place?
Fear has changed sides - for good. Before making a trip, unscrupulous heads of state will take care to check that their hosts will give them carte blanche to travel. This is an important victory in itself, as well as a morale-booster to victims whose rights will one day be restored.

Sidiki Kaba, President of FIDH.
21 March 2001

Human Rights Defenders
Between daily repression and international hypocrisy

>>The Observatory's annual report for the year 2000 has been published one year after the United Nations created an international mechanism for the protection of Human Rights Defenders. To this end Hina Jilani, Pakistani defender and eminent militant, has been appointed Special Representative of the UN Secretary General. Our fight has not been in vain. The creation of this mechanism constitutes an important victory for everyone who has fought human rights and basic liberties on a daily basis and who are consequently victims of repression.

Nevertheless this step has not been able to mask the problem of a growing cynicism amongst a significant number of member states. Within the United Nations they openly support the mandate of the Special Representative and on a local level they develop repression and defamation strategies against defenders. Moreover since the beginning of the 57th session of the Human Rights Commission in Geneva some of these same member states are behind a campaign challenging the role of independent non-governmental organisations -17 of the 53 member states of this Commission have just made an official request for NGO activity within the UN system to be limited.

In presenting 350 cases of defenders repressed in 52 countries the report bears witness to this reality.

On every continent union officials, environmental activists and lawyers in particular continue to be targeted by the authorities and private groups. Violations of defenders rights occur in every sphere of their activity and form a long list of exactions and repressive methods (summary executions, death threats, ill-treatment, defamation campaigns, surveillance, phone-tapping, confiscation of documents and passports, arbitrary arrests and detentions, legal proceedings, being forbidden to leave the country). Both the organisations and their members are attacked - the latter's private life being targeted as much as their actions in public. This year the Observatory is laying the emphasis on the many ways in which the right to the freedom of association is being restricted. The situations mentioned in the report show how much respect for this freedom limits the margin of action for Human Rights Defenders.

In every region of the world the right to form organisations and to participate in them, to meet together and to assemble peacefully, indeed to communicate with other NGOs and intergovernmental organisations are being flouted. Being in possession of, seeking and circulating information and receiving funding from abroad renders one liable to legal action.

The level of intensity and frequency of use of various methods, however, varies from one region to another. Thus in Latin America the defender's life and their physical and psychological integrity are primarily threatened. This continent continues to hold - at an exponential rate - the sad record for the number of defenders receiving death threats, of victims of forced disappearances and of summary executions. Between November 1999 and February 2001 the Observatory intervened in 18 cases of summary executions and in more than 50 cases of death threats in Colombia.

In North Africa and the Middle East the primary violation is of the right to a private life followed by a proportionately high number of violations of the right to work, of freedom of movement and association.

In Europe defenders are more likely to be victims of legal proceedings directly linked to exercising their right to freedom of expression. The situations in Kirghizistan and Turkey are sad examples of this.

Finally, in Africa as in Asia the main risks run by Human Rights Defenders are arrests and arbitrary detentions. In Africa a significant number of arrests take place outside any judicial framework, as in the Democratic Republic of Congo.

Today Human Rights Defenders are confronted with one main challenge - the combined use of various methods and strategies of repression that are both harmful and sophisticated.

Defenders >> Interview

Yavuz Önen
"A clear strategy aiming to put a stop to our activities…"

>>Interview with Yavuz Önen, President of the Turkish Human Rights Foundation (THRF).

Extract from the annual report for the year 2000 from the Observatory for the Protection of Human Rights Defenders:

"Legal proceedings against Mr. Onen : Mr. Yavuz Onen (…) is currently being prosecuted for having published a statement on 19th January 2000 on the arbitrary procedure against Mr. Veli Lok. Like the latter, he is accused of having used the press to make his opinion known about decisions made by the court before it had ruled on the press on the basis of article 30/2 of the Law. An initial hearing took place on 13th July 2000. No new hearing date has been fixed up to date."

The THRF is one of the main organisations for the promotion and defence of Human Rights in Turkey. Could you briefly describe the Foundation's main activities?

We have two main spheres of activity. The first consists in providing physical and psychological help to torture victims. We work in five care centres distributed throughout Turkish territory. Since 1990 6000 people have benefited from the care of many voluntary doctors, social workers and psychologists working within the Foundation. In addition to this medical care we carry out scientific research into ways of proving acts of torture. For example we have developed a way of using chemistry to detect traces of electric shock in the body's cells. The authorities do not view this work favourably. Many doctors are victims of police requests not to work with the Foundation or are harassed to divulge the names and addresses of our patients even though this information is covered by the rules of medical secrecy. In parallel to these medical and research activities we carry out monitoring work on Human Rights violations in Turkey. We publish daily reports in English and Turkish as well as annual reports that we distribute widely throughout Turkey as well as to international NGOs and inter-governmental institutions.

Several members of your organisation, including you, are currently the subject of legal proceedings because of your involvement.

Our action is effective widely diffused on an international level. This explains, paradoxically, the strong degree of repression to which we are subject. Three years ago the Turkish Ministry for Foreign Affairs put a clear strategy in place aiming to put a stop to our activities and close the Foundation. The Ministry thus asked other ministries, as a matter of state security, to destabilise us primarily by means of judicial action. Thus several cases were started against the leaders of the Foundation and against doctors. Some of them are in progress such as that of Gunseli Kaya, a doctor to the Foundation, and myself (cf. boxed text above).

We are also targeted by the Turkish press, which is used to attacking us and Human Rights Defenders in general. The latter are accused of being extremists and pro-separatist, of collaborating with foreign countries and, as strange as it may seem, of being pro-European.

On that subject, how do you assess the Human Rights situation in Turkey since it's application for membership of the European Union was accepted in December 1999?

The question of Turkey's membership of the European Union has provoked the opening of a debate that has never previously taken place. Issues which up until recently have been taboo such as Democracy, Rule of Law, Human Rights and Rights of Minorities have been discussed in connection with the Copenhagen criteria. The issue of Kurdish rights and the use of the Kurdish language in the daily life of the Kurds for example has been the subject of fierce discussion.

For some time now, however, we have been witnessing a radicalisation of political life and a worrying increase in nationalism. This phenomenon has come about in reaction to the relative opening up of political life that we have discussed as well as to the attitude of the international community towards Turkey - with particular regard to the Armenian genocide. This contraction and hardening of political life is attributable to both the army, which is becoming increasingly involved in Turkish political life, making it clear that it is against the Copenhagen criteria, as well as to the police which has displayed a worrying brutality in its more recent actions, and runs contrary to the government's stance. This radically changing political scene is sustained by the State Security Council that determines the Turkish government's overall political orientation. Unfortunately the press echoes this tendency thus guaranteeing the status quo in Turkey.

Report by Catherine Francois

Observatory Details
Observatory for the Protection of Human Rights
(Joint programme of FIDH and OMCT)
Fax - 33 (0)1 55 80 83 92
FIDH Tel - 33 (0)1 43 55 20 11 : OMCT Tel - 41 (22) 8009 49 39
E-mail - observatoire@iprolink.ch

 

SPECIAL SUPPLEMENT:

Second Summit of the Americas

---------------------------------------

From the Summit of the Americas to the Peoples' Summit

>> From 20 to 22 April 2001 the 3rd Summit of the Americas1 bringing together the Heads of State and of government of the Americas (with the exception of Cuba) will be held in Quebec.

INFO
Three examples of economic regional integration on the American Continent
NAFTA

NAFTA is an American free trade agreement signed by Canada the United States and
Mexico. It came into force on 1st January 1994. It is meant to favour commercial
exchanges and investments between the partners and is composed of a vast programme
to remove customs duty and reduce tariff barriers. Today it is the largest free trade
zone in the world extending over 21,311,000 square kilometres and bringing together
380m inhabitants.

MERCOSUR

Set up by the Asuncion Treaty of 26th March 1991, Mercosur is the common market of the
Southern Cone. It unites Argentina, Brazil, Paraguay and Uruguay. It came into force in
1995 and in the long term aims to achieve a common market with free circulation of
merchandise, services, capital and labour between the 5 countries. This fourth world
economic zone is moving towards a free trade zone.

These meetings, of which the first was convened in 1994 by the United States, have the aim of discussing a vast set of iniatives divided into four big themes: the preservation and the strengthening of the American democracies, the promotion of prosperity through integration and free trade, the elimination of poverty and discrimination, and lasting development Altogether this constitutes an integration project on a continental scale.
Since the Miami Summit, however, it is the economic facet which has experienced the most important developments. Negotiating groups have been working since then to prepare an agreement which would create the Americas Free Trade Zone (AFTZ). It is this project which has given rise to the mobilisation of numerous networks, organisms and citizens concerned as much by the manner in which the negotiations between the American States are conducted as by the effects that the implementation of AFTZ could have. These concerns are based notably on the lessons from the implementation of regional agreements such as the Andean Pact, Mercosur or the North American Free Trade Agreement (NAFTA) - see neighbouring columns - and led to the creation of the Continental Social Alliance (CSA) in Santiago in 1998 when the first Summit of the Peoples of the Americas took place (held the day before the 2nd Summit of the Americas). The CSA is constituted of regional organisations and national groupings of human rights, trade union, women's, environmental, international cooperation, etc. Organisations. It will host the 2nd Summit of the Peoples of the Americas which will take place in Quebec from 16 to 21 April 2001 2.
For human rights organisations such as the Quebec League of Rights and Liberties, which is organising the human rights Forum which will take place in the framework of the Summit of the Peoples of the Americas, the stakes are considerable, notably because of the rights situation that prevails in this context of continental integration. Democracy has certainly replaced dictatorships in many Latin American countries, but it is still precarious and authoritarian practices occur nowadays under democratic government, weakening democratic institutions or preventing their development. The violations of rights which were current under these regimes have almost disappeared with them. Moreover, in the last few years, the efforts to bring to judgement those responsible for these violations have had some success. Nonetheless, despite this progress, impunity for past violations as well as those committed now remains widespread. Many forms of abuse, such as arbitrary detention, police brutality often leading to death, and unacceptable conditions of detention, continue to be the practice without being able to register even modest progress. The death penalty is still practised in certain countries in the Americas. Legal procedures are out of reach for most people and justice remains more the exception than the rule.
(...) The liberalisation of trade generally, and in particular the negotiation of the AFTZ agreement, is a non democratic process as much because of the way it is conducted (non transparence, absence of informed public debate and of citizen participation, almost non existent rendering of accounts, etc.) as because of the unjust treatment imposed on the "powerless"- populations or small States. Although the agendas and the declarations of the Summits of the Americas have experienced an evolution which reflects a certain acknowledgement of other visions for development, integration based on the liberalisation of markets is not called into question and nothing suggests that it is gaining concrete expression in the AFTZ. In the Summit areas most directly linked to human rights (education, democracy and human rights, legal system and corruption, eradication of poverty and discrimination), the citizens of the Americas, men and women, generally have seen a reduction in their ability to exercise their rights. A question arises: does economic liberalism need authoritarianism?
A question which gains its full meaning when one knows that the AFTZ draft accord is not only unknown to the citizens of the Americas, but also to the elected parliamentarians of the participating countries, that only a privileged segment of civil society in the America's Business Forum participates in this process, and that governments still refuse to make them public. This break between those in power and the populations is illustrated and maintained by the security measures put in place for the 3rd Summit of the Americas which will mean that no contact will be possible between the Heads of State and their delegations and the citizens who will try in various ways (conferences, cultural activities, demonstrations, etc.) to express to them their anxieties, their suggestions or their claims.
The participants will attend eight thematic forums (women and globalisation, education, agrarian questions, work, environment, role of the State, communications and human rights) and a forum of members of Parliament in the which there will be discussion of proposals formulated by the Continental Social Alliance3 which has as a central principle that the objective of the States must be fair and lasting development in

which all citizens, men and women, participate fully and in of which commerce and investment may have their place but that these may not be ends in themselves.
The Forum on human rights4 has as its objective to place at the centre of the proposals the primacy of rights and claims made by the Continental Social Alliance and to address the States regarding their fundamental engagement with regard to the dignity, the value of the human person, and to the equality of persons and nations, defined in the United Nations Charter which also stipulates that the obligations on States in it prevail over their obligations stemming from any other

international agreement.

Quebec League of Rights and Liberties

Info
The Andean Pact
Set up on 26th May 1969 at Cartagena (Colombia) under the name of Sub-Regional
Integration Agreement, the Andean Pact groups together Bolivia, Colombia, Ecuador,
Peru and Venezuela. It aims to establish an economic union and a common industrial
Policy. After several crises linked in particular to frontier disputes, a protocol agreement
was signed in March 1996 to change the pact into a movement for commercial and
political integration. However, the continuity of this Andean Community of Nations
(A.C.N.) was not assured, on account of the political uncertainties and instability of
the region. Moreover a rapprochement with Mercosur elicits a great deal of interest
among member states. Then, whereas in 1999 at Cartagena the members set 2005
as a final date for the establishment of a free trade zone, this date also happens to be
the final date for the establishment of the Americas Free Trade Zone (AFTZ), so dear
to the United States. Suffice it to say that the Heads of State of these five countries are
still in hope.

Notes:
1. The first Summit of the Americas took place in Miami in 1994 and the second in Santiago in 1998.
2. Www.sommetdespeuples.org (Is there a reference in English too?*)
3. The CSA foundation document is called "Alternatives for the Americas" and can be found on the Summit of the Peoples site. (Does this exist in English?*)
4. Fuller information on the Forum on human rights can be found on the Summit of the Peoples site; access through the programme of activities. (Does this exist in English?*)
5. This situation has already been made known in the special edition of the Letter of the FIDH called "The WTO and Human Rights, an equation to be solved".

Louise Chicoine: A common plan for justice.
Louise Chicoine is a member of the Quebec League for Rights and Freedoms

How is the American People's Summit organised? Where did the idea of this People's Forum come from?

The American People's Summit which will take place in Quebec is the second of its kind.
The first was in Santiago in 1998, on the occasion of the second summit of the Heads of State of the Americas. The inter-continental alliance was born following this first People's Summit. The alliance is a vast network of national networks or organisations such as trade unions or women's rights associations. The summit which will take place in April 2001 is an initiative of this vast alliance.

At the heart of this alliance, what is the proportion of NGO's from the North and the South?

By definition, on this continent, the countries which are considered as being part of the 'North' are only Canada and the United States. There are more than thirty countries classed in the category of 'South'. Consequently the dynamics are such that the contribution of the NGO's from the South is very important.

But the divisions are not perceived merely in this way. Certain types of organisation are present in greater numbers and are more capable of functioning in this kind of group dynamics, like for example the large affiliations of trade unions who have more of the resources necessary to take action in this type of network. Others, on the other hand, are not so well represented, and not always for economic reasons.

The inter-continental alliance is still young, and constructing a network on this scale is a long-term job. Its objective is to group together the greatest possible number of organisations from all sectors of society; it is therefore a very long-term project. There are contributions which could be deemed 'South-North', merely dealing with very different questions of politics, history, and economics. But also for developmental reasons.

However, this 'North-South' issue is not the only one being tackled at the heart of the NGO's, is it?

No, of course not. There is also the perspective of women, the unions, and even environmental organisations etc… Within these networks, differing world views are submitted. Generally speaking, if everybody groups around this alliance which makes itself known by way of these summits every few years (actually we don't know whether it will be carrying on for long) it is with the aim of promoting this common plan for justice and to assure the dignity of this continent's citizens.
The way in which this objective is formulated, the demands it makes, all that will come later. Lastly, there is a great diversity of points of view, and indeed, that is a plus. In order to face up to globalisation as it presents itself here in the Americas in the form of the plan for the Americas Free Trade Zone, it is a great asset to have a multifaceted response with which to do battle with this single and all-consuming globalisation rhetoric.

Quebec: zone of repression in the Americas?

The Canadians had been warned by their Minister of Public Security as early as 1st November last year that the 'measures' to be put in place for the security of the participants in the'Summit of the Americas' were going to be 'major ones' and that their cost was going to be a heavy burden on the Federal budget. Since then, journalists have carried out their surveys and enquiries and have found that the budget is said to be estimated by the Federal institutions themselves at nearly 32 million Canadian dollars (which equals about 10 times the cost of the security measures put in place at the Summit of the Organisation of American States in Windsor in June last year). And this is only a 'low' estimate, since it does not take into account the health-related costs (in cases of injuries) nor the reimbursement for potential damage in Quebec. The government of the Province of Quebec is also insisting on being reimbursed the cost of thousands of civil servants being 'forced to go on leave' on the Friday when the summit takes place in order to relieve the congestion within the security zone.
'Isn't this really paranoid?', one might ask. The different security corps (Quebec Police Force, Municipal Security Forces of Sainte-Foy, Security of Quebec, and the Royal Gendarmerie of Canada) have also announced that they were working together in consultation to implement what some officers already called 'the largest police corps in the country's history' (in Le Soleil, August 2000). The anti-riot squads have already been equipped with new gear and the Quebec detention centre has been equipped with the latest technology for the detection and comparison of fingerprints. Even worse, the detention centre in Orsainville has been requisitioned for 'welcoming' demonstrators who may get arrested. Thousand of police officers have taken part in simulation exercises (street fights, etc.) and 3,000 of them are to be allocated to act as security guards at the Summit. The trauma linked to the successive memories of the summits in Seattle (November 1999) and in Prague (September 2000) has thus led the authorities to transform part of the capital of the Belle Province into a military camp that is cordoned off from the rest of the city.
One could almost laugh at this paranoia, if it wasn't for the implications that this may have on the Summit of the Peoples of North and South America which will be held at the fringe of the meeting of the Heads of State from 16 - 21 April 2001. A number of demonstrations are expected to be held on this occasion and with the tension caused by an ubiquitous police corps one can only fear the worst, for this is no more and no less than a direct threat to freedom of expression and assembly.
Observers at the Summit. In Seattle already, the arrest of more than 500 demonstrators had led the American Civil Liberties Union (ACLU) to publish a report denouncing the countless human rights violations committed by the security forces towards demonstrators, above all violations such as:
- setting up zones where any protest whatsoever is forbidden
- surveillance and intimidation of those who were organising demonstrations,
- unacceptable acts committed by the police, particularly the use of excessive force against peaceful gatherings of crowds, illegal arrest and ill-treatment of people in detention.

The first of these three measures to restrict the freedoms of demonstrators is already included in the security set-up and it is to be feared that the security forces will be unscrupulous in respecting the two other types of measures 'as strictly as could be'. The Rights and Freedoms League of Quebec, which is deeply concerned about this 'stepping up of repression and restrictions to freedom of expression of activists' and that such excessive measures will happen again at the Summit of the Peoples of the Americas, has initiated an observation procedure for the summit. In addition, it has invited several international NGOs, including the FIDH, Human Rights Watch and Amnesty International, and also national organisations, such as the National Coordination of Human Rights in Peru, to send observers to the summit from 14 - 24 April 2001. 'Our encounter in Quebec will in one way or another be an opportunity for us to take note of the growing mobilisation of civil society and its concerns about the strong trends that shape the modern world', Jean Chrétien, the Canadian Prime Minister, said in Washington on 5 February. But to hear these concerns, it is still necessary that they can be voiced freely.

Gael Grilhot

 

Analysis
EU
has distanced itself from the 'Colombia Scheme'.

>> In our Letter of July 2000, we included a special issue on Colombia, with a special focus on the 'Colombia Scheme', a vast programme negotiated by the Colombian government and the United States which was allegedly aimed at restoring peace in the country. This scheme, which is primarily based on the fight against drug production and trafficking, is backed by a total estimated 7 billion dollars, with the United States offering to provide funding for the military aspects of the programme to an amount of 1.3 billion dollars). The scheme was submitted for funding to the European Union last summer, along with other potential donors, such as the United States, Japan and Canada.

Although some EU member states (particuarly Spain and Britain), were clearly in favour of funding the scheme, the EU has now made its position clear about the Colombian peace process: it has clearly distanced itself from the militarist vision of the United States. The vast amount of lobbying and campaigning by Colombian, European and international NGOs has certainly contributed to the position of the EU.

In its statement on 25 October 2000, the French Presidency in the nameof the European Union confirmed its intention to support President Pastrana's efforts for the peace process. 'For the EU, no military solution could lead to lasting peace'. The EU considers that 'peace can only be based on an overall agreement, and it [the EU] is planning to discuss its proposals within the framework of the broadest possible consultation, which should also include civil society'.

The EU has thus decided to implement a substantial European scheme, according to its own procedures, aimed at sustaining the efforts to restore peace in Colombia. This programme, in contrast to the scheme proposed by the United States, will not have any military component. It will be structured around the strengthening of the Rule of Law and of democratic institutions, Human rights and international humanitarian law, the fight against the causes of violence and support of the victims.

The European Union considers that the advancement of the peace process should be based on the fight against the causes of violence, which lie in a state of social inequality that goes beyond the conflict caused by the guerilla movements and drug trafficking. Therefore the EU has decided to encourage the Colombian government to adopt a policy of structural reform which help to reduce the inequality and to increase people's standard of living, particularly in rural areas. (cf. Statement of 25 Oct. 2000).
The EU finally proposes to proceed every six months to an evaluation of its co-operation with Colombia in order to take into account the needs that have been expressed and the progress that has been made in the best possible way.

After the Statement of last October had been adopted by the EU, the FIDH called on the European Commission to give its genuine support to a Social Agenda for Peace which should be drafted jointly with all those involved in the conflict and with civil society. The FIDH brought it once again to their attention that a series of alternative development schemes had already been negotiated between the Colombian government and the different communities, but that they had not been able to implement those schemes yet, due to the lackof resources. These schemes should receive priority support from the European Union.

In February 2001, the European Parliament noted that 'the Colombia Scheme contains aspects which are contrary to the co-operation strategies of the EU and which put its co-operation plans at risk', and has called on the EU to maintain 'its own, non-militarist strategy' as far as the Colombian peace process is concerned. The Parliament insisted that the strategy of the EU should be a combination of 'objectivity, transparency, participation of civil society and the involvement of those who are gathered around the negotiating table' (Sec. 9).
The Parliament also instantaneously called on the Colombian government to 'pursue the fight against para-military groups and its efforts to consolidate the foundations of the Rule of Law and to implement all the UN recommendations on Human Rights without delay'. The MEPs insisted that the first actions initiated by the European Union within the framework of this peace process 'should help to promote the respect for Human Rights, humanitarian law and fundamental freedoms and improve the standard of living of the local population'.

The dialogue between the Colombian government and the FARC was resumed several weeks ago, with representatives from several European countries who decided to play a 'facilitator' role in the discussions: four countries of the EU will be part of the Good offices Commission with the FARC. The European Union has now clearly embarked on supporting the Colombian peace process, with its own vision of putting an end to this conflict. This is, no doubt, an important step in the construction of a genuine European foreign policy. We hope that the EU will maintain this position during the next meeting of the support group for the Colombian peace process which will be held in Brussels on 30 April.

Marie de Coune

Analysis
A fortress under siege and the latest facts regarding human migration.
Six months ago more than one hundred people from Mali, Chad and Nigeria who had emigrated to Libya, were killed in the course of a huge racist attack while that country's security services, normally so 'effective', stood by and did nothing to stop this murderous, racist outburst. During the days which followed, more than thirty thousand immigrants were repatriated to their countries.

Since July 2000, regular police raids have been organised in the streets of Beirut against 'illegal immigrants' and asylum seekers, for the most part Iraqis and Sudanese. Hundreds of them have probably been expelled and sent back to their country of origin.

Thousands, perhaps tens of thousands of Iraqis wander along the pavements of Amman They are waiting for a country, any country, to agree to take them in. Between the hell of Baghdad and an unattainable Eldorado, they have been vegetating, some of them for eight years.

In the Straits of Gibraltar high school educated young Moroccan men are dying……..

These are just a few examples to remind us of what researchers (Gildas Simon, Catherine de Wenden etc..) have been pointing out for a long time: a great drive to migrate towards Europe obviously exists and will continue to exist, but we are a long way from the image of a besieged fortress at risk of being engulfed by uninterrupted floods of asylum seekers and the poor. So, whichever criminal network organised their odyssey, the Kurds whose boat ran aground a few weeks ago in the South of France, bear witness to the acute suffering of their people and to all those lost souls in the Mediterranean region.

Fundamental developments. In under three decades, the nature of population shifts in the European part of the Mediterranean area has utterly changed in line with four important principles.

The settling of immigrant populations who had arrived in the great industrialised countries of Western Europe (France, Germany, the United Kingdom…) during the years of intense growth. In nearly all of these countries, according to the official ending of the entry of foreign workers, we moved in the mid-seventies from a temporary and economic migration to an immigration of whole populations. The increasing numbers of young people, women and older people amongst the foreign population have changed its character and fortunes.

The confirmation that the countries along the south-facing shoreline of the Mediterranean (Italy, Spain, Greece and Portugal) have become the new countries to accept immigrants. These four countries which have inherited a strong tradition in which their own nationals emigrate, are in their turn themselves confronted with the need to control strong pressure from an illegal workforce, but also with profound changes in their economies which require the support of foreign workers. These countries, of which three have been admitted relatively recently to the European Union, have had to adapt their policies on immigration to the new common trends.
The development of 'black gold migrations' towards oil-producing countries. (Libya, Iraq, and the Gulf Kingdoms). Whereas immigrants of Asian origin are still in the majority in these countries today, hundreds of thousands of migrants from different Mediterranean countries have also headed towards these new countries which are willing to receive immigrants, countries characterised by highly discriminatory politics and inequality of rights. More than anywhere else, the immigrants' situation depends on political developments between the oil-producing countries themselves, which use migration as a means of putting pressure on fundamentally poor countries.

The vast increase in political crises: millions of people have had to flee from conflicts or have been expelled for political reasons in the wake of the three geo-political crises which the region has experienced: the civil war in Lebanon, the Gulf War and the Balkan wars. The effects of these major crises are still being felt as asylum seekers continue to arrive in Southern Europe today, victims of the confrontations of several years ago, or indeed of even older conflicts (Palestine and Kurdistan)

Other indicators bear witness to the upheavals still in progress. So countries which are normally considered poor, having always had a strong tradition of emigration (Jordan, Lebanon and even Egypt) are today receiving hundreds of thousands of foreigners of both sexes, while the policy of closing European frontiers turns countries like Morocco, Algeria, Tunisia or Turkey into waiting areas or transit countries, thus forming minorities of foreigners. In the same way, every country we look at is seeing the scope of immigration expand: the most sought-after destination is no longer the former colonial metropolis. From day to day the influx of migrating souls becomes more diverse and the number of their destinations multiplies: immigration, in the broad sense of the term going beyond the mere economic aspect, is no longer just a South-to-North reality, but equally, if not more so, a movement South-to-South.

The truth of the matter still remains widely unknown, primarily because of the absence of statistics and precise studies. In most countries which are poor or where there is conflict, very few, if any resources are allocated to researching the extent of migration, whether their nationals who have gone abroad or foreigners who have come and settled (or are merely in transit) in their territory.

But above all, the scale of human migration continues to expand and today affects all continents and all countries: it is in this wide perspective that we must begin to think seriously about immigration to Europe, which is not taking on board all the suffering of the world.

Driss El Yazami
Secretary-General, FIDH

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