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#54
2002
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La Lettre FIDH Newsletter |
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SPECIAL SUPPLEMENT : THE 58TH COMMISSION AND THE NEW INTERNATIONAL DEAL |
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Homosexuality and the Muslim world
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>>> Three men decapitated in Saudi Arabia, 23 young Egyptians condemned to |
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| Analysis >> Argentina | ||
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People rally in response to the crisis >>> The population of the Republic of Argentina are, at the moment, victims of massive human rights' violations, particularly economic, social and cultural rights, following a long process, which originated in the last military dictatorship. This slow process has left millions of Argentinians with nothing to do and has caused a growing violation of their rights to education, health and housing. Today in Buenos Aires, 500,000 people live in makeshift and/or flimsy housing, while the local authorities build too few homes, thousands of which are destined for property speculation. As part of prolonged and serious human rights' violations, anyone who complains is arrested and taken to court, Emilio Ali is still detained for having asked for something to eat (cf La lettre de FIDH n°51, October 2001, editor's note). Raul Castel, already convicted in the past, finds himself again in custody. In August, about fifty members of the Teresa Rodriguez Movement were taken prisoner for having asked for a working schedule. Similarly, there are detainees for the events, of 19 to 29 December, mostly people of low income arrested beside super-markets. As well as the repression of those who claim their rights, there is regular repression of the poor by the police. Between 10 and 11 December, the police and the security forces murdered more than 1000 people. The responsibility
of the international financial institutions for the crisis situation in
Argentina is undeniable. The illegal debt, which grew during the whole
of the military dictatorship, was made possible by the action of those
international institutions, which developed successive adjustment plans
(privatisation of This policy, however, has today run up against the buffers of massive social mobilisation. About fifty district assemblies have come into existence in Buenos Aires, as well as an inter-district assembly. The core theme of the majority of their claims is the struggle for human rights:
The severe repression, which began at dawn on 20 December against the uprisings (which came later), left 30 dead and several hundreds injured. The repression continues today with less severity. We, on behalf of the human rights' organisations, demand that there be an investigation into those acts. In addition, on 29 December three young men were murdered by a policeman in the port district of Floresta, which was the reason for new demonstrations and police repression. Since then, the neighbours are demanding justice. The measures claimed by LADH (Ligue Argentine des droits de l'Homme) are as follows:
Gerardo
Etchevery |
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| Round the World <<Ongoing Actions | ||
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Nigeria First execution under the Sharia legal system FIDH strongly condemns
the execution on 3 January 2002 of Sani Yukubu, condemned by the Sharia
court of Katsina for the murder of a woman and her two children. According
to information from various sources, Sani Yukubu did not receive a fair
trial and was not given the opportunity to lodge an appeal against the
decision of the court. According to the International Covenant on Civil
and Political Rights, ratified by Nigeria, "everyone shall be entitled
to a public and fair hearing by a competent, independent and impartial
tribunal established by law." Statement issued 11 January 2002 |
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THE 58TH COMMISSION AND THE NEW INTERNATIONAL DEAL --------------------------------------- |
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| The Human Rights Commission and the struggle against terrorism | |||
>>> The UN Human Rights Commission will hold its 58th session from 18 March to 26 April 2002 In the light of current international events, the session will probably focus on the need to combat terrorism, but also - and this will be where FIDH will concentrate - on the arbitrary repression this engenders. The temptation will be great for member states to show that they are unanimous in their unlimited support for the struggle against terrorism, and consequently to close their eyes to the resultant draconian restrictions on fundamental rights and freedoms. Such restrictions are justified in the US, Jordan, Zimbabwe and elsewhere by the imperative of eradicating any attempt at independence or muzzling autonomist movements on the basis of lumping everyone together (forget about state terrorism, human rights Defenders and democrats compared to terrorists, etc) and vague concepts (widely expressed charges and deliberately vague definitions of terrorism, etc). They also allow therepression of civilian populations in Chechnya, the Chinese province of Xin Jiang, Tibet and Palestine to be pushed to the background. FIDH will condemn any slippage under the cover of combating terrorism. Denouncing any terrorist acts against civilian populations will be an opportunity to remind the players involved that the response to such acts should be framed by the demands of justice and not inspired by motives of vengeance. We will join other independent human rights organisations and the appeal from 17 rapporteurs and special representatives of the Secretary- General denouncing attacks on freedom.. This year, the United States will not be present at the votes, as its mandate to the Commission was not renewed last May. Their presence might be missed on two counts. Firstly, it was the US that initiated the resolution on China, and one month before the opening of the 58th session, there is no sign that any other state will initiate it. Secondly, in its most remarkable act last year, the US enabled a resolution to be proposed condemning Russia for violations in Chechnya, breaking the consensus over a text drawn up by the EU and Russia. On the other hand, no one would mourn their systematically obstructive attitude to any resolution denouncing violations flowing from the Israeli occupation of the Palestinian territories, the adverse effects of globalisation from the point of view of enjoying economic, social and cultural rights, and the establishing of standards or international instruments to combat human rights violations, such as the International Criminal Court, of course, but also the additional protocol to the Convention against Torture, or the planned Convention on forced disappearances. Nor would we miss the positions they have taken, or recently reaffirmed, in open support of the Chinese, Russian and Israeli authorities in their "fight" against terrorism. But, far from deserting Geneva, they will make their presence felt in the corridors, pushing some of their well-known positions, or supporting their new key "allies". In geographical terms, FIDH's priorities will be: the adoption or renewal of resolutions on China and Chechnya (see p.12); the adoption of a strong resolution on Colombia (see p.13), condemning the authorities' passive approach to persistent impunity; the sending of a force to protect civilian populations in the occupied Palestinian territories, in accordance with international humanitarian law; the renewal of the mandates of rapporteurs for Burundi and the Democratic Republic of Congo. We will also target other situations, continuing the action conducted over the past year: the attitude of the Iranian authorities to protecting human rights, to ensure the renewal of the mandate of the Secretary General's Special Representative; the problematic deterioration of the human rights situation in the Central African Republic and the Republic of the Congo; restrictions on opposition and torture in Kirghizistan, Vietnam, Libya and Georgia. We also intend to denounce the degradation of economic and social rights in Argentina and Algeria, as well as for the indigenous populations of Mexico, and the harmful effects of corruption of the authorities in Georgia. In terms of our priority themes, FIDH hopes once again to draw the Commission's attention to the situation of
human rights defenders, who continue to be the targets for discrediting campaigns by many States, by the judicial system. FIDH will draw attention to Guatemala and Belarus, based on the conclusions of recent missions by the Observatory for the Protection of Human Rights Defenders, and will denounce the harassment (particularly judicial) of human rights defenders in Tunisia and nearly 80 other countries. The work carried out by the Secretary General's Special Representative, Hina Jilani, should be strongly recognised and supported; she has excelled herself in denouncing alarming situations and has worked incessantly, at a first-class level. We will also focus on the question of forced disappearances, to ensure that an inter-session working group is set up, with unlimited composition, to work out plans for a strong, prescriptive and binding instrument to protect victims of forced disappearances. Similarly, in the area of economic, social and cultural rights, we will call for the recognition of individual's right to appeal and for the establishment of an inter-session working group, with unlimited composition, to work out a draft optional protocol to the international pact on economic, social and cultural rights. In addition, the Commission should ratify the work done by the working group on the additional protocol to the convention against torture and adopt a draft protocol establishing a strong and effective international torture-prevention mechanism. Finally, FIDH intends to ask the States to show their willingness to collaborate effectively with UN bodies by means of a declaration of permanent invitation to the UN's human rights protection mechanisms. Such a declaration would attest to their commitment to respecting human rights and would facilitate procedures and enhance their efficacy. Antoine Madelin
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| Human Rights and the fight against terrorism | |||
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Written Statement submitted by the International Federation for Human Rights FIDH |
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| CHINA / CHECHNYA | |||
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THE COMMISSION IS DISHONOURING ITS NAME >>> Among FIDH's more pressing items for action by the next Commission, the move to condemn the human rights situation in both China and Chechnya has met with a lukewarm response from members of the Human Rights Commission. The fact that the EU, which is the main player to instigate resolutions on particular countries, has already shown a certain squeamishness on the subject will make it even harder to address.
In China the difficult situation of religious and ethnic minorities; the arbitrary use and abuse of detention; systematic torture, and similar inhuman and degrading practices; the disproportionate abuse of capital punishment, and the Tibetan question are all causes for concern which have been highlighted by many independent Human Rights organisations such as our affiliated group, Human Rights in China. Each year, however, the Human Rights Commission chooses not to investigate China, proceeding instead to a vote of non-action (meaning that there will be no resolutions or discussions on that country). This is made possible by the support of the less democratic members of the Commission (Algeria, Libya, Pakistan and so on) and the abstention of democracies still in their infancy who bow under the pressure of Chinese diplomacy. The non-action vote blocks a resolution that would traditionally have been instigated by the US, and this would typically have sparked a great deal of anti-American sentiment and the feeling that the Americans were just out to discredit their "mightiest commercial rival". This year, however, things will be different. The US is no longer a member of the Commission, so it is up to another state to get the ball rolling on the China question. The EU seems to be the only group that can do this without fearing any really damaging economic or political consequences, yet historically it has not been strongly committed to such courses of action. It has certainly not demonstrated its intention to condemn the situation in China to the next Commission, preferring instead to engage in bilateral political discussions (the next stage is a meeting in Madrid on 3 and 4 March between the Chinese authorities and the Spanish president of the EU). If the prospect of a resolution on China seems unlikely another strategy may be developed based on criticism of the High Commissariat's technical co-operation programmes with China (see note). They have come up with a seminar on "re-education through work", a method of detention which has been strongly criticised by the UN's anti-torture Committee, as well as its working party on arbitrary detention. It is estimated that since 1945 some 3.5 million people (including minors) have been through "re-education through work" in China, for considerable periods of time. Following this latest seminar Mary Robinson, the High Commissioner for Human Rights, managed to get the Chinese government to agree to review the practice. Nothing has yet been done about it, and it continues to happen. In spite of this the High Commissariat has continued in its joint programmes with China, and in 2001 it signed a new agreement (Memorandum Of Understanding) based on a new series of seminars dealing with other topics. It is blindly pursuing a policy of dialogue, while no progress is made in the Human Rights situation. By citing these joint technical ventures several States - in particular those who fund them - could ask for a progress report on the programmes in order to measure their effectiveness, monitoring developments or criticising a lack of action or even backtracking. This sort of report would be the first opportunity to highlight the Human Rights situation in China, in an organisation which, when dealing with China, is nor worthy of its name.
Reports of serious flouting of international law affecting Chechnyan civilians, like those in 'Chronicles of Violence' (Memorial - FIDH, August 2001) are rife. This situation has been condemned by the main independent Human Rights organisations, yet there is every chance that it will escape the attention of the Commission. Last year's negotiations do not bode well. Right up to the eleventh hour the EU had been trying to agree on a resolution with the Russians, and they ended up with a document that was particularly soft on Vladimir Putin's government. When the agreement was adopted the US vetoed it and prevented the Commission from accepting it by consensus. Subsequently a stronger resolution was presented, denouncing the authorities' responsibility. It passed with a slim majority. This year, without the US, the EU will have no-one to act as a counterbalance in negotiations. There are real fears that a resolution will be passed which is soft on the Russians in a bid not to ruffle their feathers - as demonstrated by the welcome received by Vladimir Putin during his recent visits to Western Europe, where he pledged to flight "terrorism". The Commission's 2001 resolution was a dead letter. The independent and impartial enquiry into the massive, systematic violations of human rights and humanitarian law never got off the ground, although the Russians promised to implement it in the "consensual" agreement that was brokered in the first place. No international groups have been able to go to Chechnya to investigate the situation. The EU seems to approach the Commission with the same intentions to hold "constructive dialogue", but all too often this does not cover human rights satisfactorily in spite of the common foreign policy guidelines that were adopted last July, which emphasise the importance of matching policy with the human rights situation Antoine Madelin
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| Colombia "The enemies of peace are still very powerful in Colombia" Interview with Luis Guillermo Perez |
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>>> This year FIDH will submit to the Commission a written report on Colombia, which condemns, amongst other things, the continued murders and disappearances for political reasons. Although the events of 11 September did not directly affect the political situation in Colombia, the United States has done all it can to cause the collapse of the already fragile peace process. Luis Guillermo Perez, Assistant General Secretary of FIDH and member of the Collectivo de Abogados (see opposite) here gives us his impressions of the process and its implications internationally.
The announcement of
the suspension of the negotiations is chiefly the result of pressures
from the United States government, hostile to the process of dialogue
for two reasons. On the one hand, arms sales by the United States to Colombia
amount to 1600 million dollars, by no means a negligible sum. On the other
hand, the peace process might affect the coming into force of NAFTA (The
North America Free Trade Agreement) in 2005. In fact, if the peace process
succeeded, opposition could be mounted against the free trade agreement. We are very happy with the continuation of the peace process and, in particular, with the support for the peace process of the UN Secretary- General's representative, Mr James Lemoine, and also with the role played by the French Ambassador, as part of the group of friendly countries. The enemies of peace are still very powerful in Colombia, but this crisis has revealed that the majority of Colombians, neighbouring countries and the international community are in favour of it. Finally, the state and the guerrillas have realised the importance of some international support or even mediation within the peace process.
In Colombia, the run-up to elections has always been an opportunity for the violence to intensify. The announcement of a conditional ceasefire and an end to hostilities ought to allow Colombians to have democratic discussions and to participate freely. Nevertheless, we are extremely concerned by the way in which the paramilitaries are strengthening their position throughout Colombia. Paramilitary groups, which control most of the country, are exercising strong pressure on the juntas de Acción Comunal (local authorities), who force the population to vote for this candidate or the other in the elections to the Congress of the Republic (the Senate and the House of Representatives). The violence is not overt in this process of terror and the elections seem peaceful to international observers, who are only around for a few days. Under these conditions, there is danger of the Congress, already considered corrupt and to be only interested in attracting votes, moving towards representing mainly paramilitary interests. We have asked that candidates close to the paramilitaries should not stand for election and that the civil servants implicated be brought to justice. The President, however, has gone no further than to ask the political parties not to nominate these people.
The experiences in Central America, where the international community has supported the peace processes, politically and economically, are full of lessons. It is imperative that the international community give stronger support to the civil population in Colombia and that the mechanisms of adequate participation are set up. Furthermore, humanitarian agreements must be entered into, linked with effective monitoring procedures. It is also necessary for the recommendations from the UN institutions in Colombia to be implemented. A number of ways of applying pressure, e.g. commercial, can be employed. The fact that we are dealing with a democratically elected government can not be used as a pretext for not implementing these recommendations. Finally, a general agreement on respect for human rights and international humanitarian law must be entered into. The process of building peace in Colombia demands the active participation of all sections of society, especially the most deprived. The peace process must be a process of permanent change in society and of regeneration of the social and institutional fabric in Colombia. Interview by Rosa Sánchez |