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Yemen: Effective Humanitarian Aid Depends on a Peace Accord

In Conflict Resolution, Current Events, Human Rights, Humanitarian Law, International Justice, Middle East & North Africa, NGOs, Refugees, The Search for Peace, United Nations, World Law on April 26, 2017 at 10:42 PM

YEMEN: EFFECTIVE HUMANITARIAN AID DEPENDS ON A PEACE ACCORD

By René Wadlow

The United Nations (UN) together with the governments of Sweden and Switzerland which have often led humanitarian issues in the UN system held a high-level pledging conference in Geneva on April 25, 2017 to again draw attention to the deepening humanitarian crisis in war-torn Yemen, currently the largest food security emergency in the world. Some 60% of the population are in a food-insecure situation.

More than 3.5 million people have been displaced in the cycle of escalating violence. “We are witnessing the starving and the crippling of an entire generation. We must act now, to save lives” said Secretary-General Antonio Guterres who presided over the conference. Realistically, he stressed that funding and humanitarian aid alone will not reverse the fortunes of the millions of people impacted. Diplomatically, he called for a cessation of hostilities and a political settlement with talks facilitated by the Special Envoy of the Secretary General, the Mauritanian diplomat Ismail Ould Chekh Ahmed.

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UN Secretary-General Antonio Guterres

UN officials and most diplomats are reluctant to call the armed conflict by its real name: “a war of aggression”. The aggression of the Saudi Arabia-led coalition (Bahrain, Egypt, Jordan, Kuwait, Morocco, Qatar, Sudan, and the United Arab Emirates) against Yemen began on March 24, 2015.

The Saudi-led coalition is helped with arms and “intelligence” by the USA and the UK which appreciate Saudi money for arms and do not want to antagonize a large segment of the Arab world when the conflicts of Syria-Iraq-Kurds-Turkey is still “on the table.”

However, the aggression of the Saudi coalition is what has turned an internal Yemen struggle for power between the current and the former President of Yemen into a war with regional implications, now drawing Iran into the picture.

Intellectually, the “political solution” is clear. There needs to be an end to the Saudi bombing and a withdrawal of its coalition troops. Then, the different factions in Yemen can try to develop some sort of inclusive government. The Swiss Foreign Minister, a co-host of the conference, hinted to the issue in suggesting very briefly that, if asked, Switzerland could provide expertise on forms of decentralization and con-federal government.

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A destroyed house in the south of Sana’a, Yemen.

The effort to create a centralized Yemen government has failed. The future lies in a very decentralized government with great autonomy for the regions, taking into consideration the diverse tribal configuration of the country. With intelligence and patience – always in short supply – a single, highly decentralized State might be developed.

The most difficult first-step is ending Saudi-led aggression, after which an effective humanitarian aid and development program can be put into effect.

Prof. René Wadlow is President of the Association of World Citizens.

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Our Common Oceans and Seas

In Being a World Citizen, Environmental protection, Human Development, International Justice, The Search for Peace, United Nations, World Law on April 24, 2017 at 9:18 AM

OUR COMMON OCEANS AND SEAS
By René Wadlow

“The people of the earth having agreed that the advancement of man in spiritual excellence and physical welfare is the common goal of mankind … therefore the age of nations must end, and the era of humanity begin.”
Preamble to the Preliminary Draft of a World Constitution

The United Nations (UN) is currently preparing a world conference June 5-7, 2017 devoted to the Implementation of Sustainable Development Goal N° 14: Conserve and sustainable use the oceans, seas and marine resources for sustainable development. Nongovernmental Organizations in consultative status with the UN are invited to submit recommendations for the governmental working group which is meeting April 24-27 in New York.

The Association of World Citizens (AWC) has long been concerned with the Law of the Sea and had been active during the 10-year negotiations on the law of the sea during the 1970s, the meetings being held one month a year, alternatively in New York and Geneva. The World Citizen position for the law of the sea was largely based on a three-point framework:
a) that the oceans and seas were the common heritage of humanity and should be seen as a living symbol of the unity of humanity;
b) that ocean management should be regulated by world law created as in as democratic manner as possible;
c) that the wealth of the oceans, considered as the common heritage of mankind should contain mechanisms of global redistribution, especially for the development of the poorest, a step toward a more just economic order, on land as well as at sea.

The concept of the oceans as the common heritage of humanity had been introduced into the UN awareness by a moving speech in the UN General Assembly by Arvid Pardo, Ambassador of Malta in November 1967. Under traditional international sea law, the resources of the oceans, except those within a narrow territorial sea near the coast line were regarded as “no one’s property” or more positively as “common property.” The “no one’s property” opened the door to the exploitation of resources by the most powerful and the most technologically advanced States. The “common heritage” concept was put forward as a way of saying that “humanity” – at least as represented by the States in the UN – should have some say as to the way the resources of the oceans and seas should be managed. Thus began the 1970s Law of the Seas negotiations.

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Ambassador Arvid Pardo

Perhaps with or without the knowledge of Neptune, lord of the seas, the Maltese voted to change the political party in power just as the sea negotiations began. Arvid Pardo was replaced as Ambassador to the UN by a man who had neither the vision nor the diplomatic skills of Pardo. Thus, during the 10 years of negotiations the “common heritage” flame was carried by world citizens, in large part by Elisabeth Mann Borgese with whom I worked closely during the Geneva sessions of the negotiations.

Elisabeth Mann Borgese (1918-2002) whose birth anniversary we mark on 24 April, was a strong-willed woman. She had to come out from under the shadow of both her father, Thomas Mann, the German writer and Nobel laureate for Literature, and her husband Giuseppe Antonio Borgese (1882-1952), Italian literary critic and political analyst. From 1938, Thomas Mann lived in Princeton, New Jersey and gave occasional lectures at Princeton University. Thomas Mann, whose novel The Magic Mountain was one of the monuments of world literature between the two World Wars, always felt that he represented the best of German culture against the uncultured mass of the Nazis. He took himself and his role very seriously, and his family existed basically to facilitate his thinking and writing.

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Elisabeth Mann Borgese

G. A. Borgese had a regular professor’s post at the University of Chicago but often lectured at other universities on the evils of Mussolini. Borgese, who had been a leading literary critic and university professor in Milan, left Italy for the United States in 1931 when Mussolini announced that an oath of allegiance to the Fascist State would be required of all Italian professors. For Borgese, with a vast culture including the classic Greeks, the Renaissance Italians, and the 19th century nationalist writers, Mussolini was an evil caricature which too few Americans recognized as a destructive force in his own right and not just as the fifth wheel of Hitler’s armed car.

G. A. Borgese met Elisabeth Mann on a lecture tour at Princeton, and despite being close to Thomas Mann in age, the couple married very quickly shortly after meeting. Elisabeth moved to the University of Chicago and was soon caught up in Borgese’s efforts to help the transition from the Age of Nations to the Age of Humanity. For Borgese, the world was in a watershed period. The Age of Nations − with its nationalism which could be a liberating force in the 19th century as with the unification of Italy − had come to a close with the First World War. The war clearly showed that nationalism was from then on only the symbol of death. However, the Age of Humanity, which was the next step in human evolution, had not yet come into being, in part because too many people were still caught in the shadow play of the Age of Nations.

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Giuseppe Antonio Borgese

Since University of Chicago scientists had played an important role in the coming of the Atomic Age, G. A. Borgese and Richard McKeon, Dean of the University felt that the University should take a major role in drafting a world constitution for the Atomic Age. Thus the Committee to Frame a World Constitution, an interdisciplinary committee under the leadership of Robert Hutchins, head of the University of Chicago, was created in 1946. To re-capture the hopes and fears of the 1946-1948 period when the World Constitutions was being written, it is useful to read the book written by one of the members of the drafting team: Rexford Tugwell, A Chronicle of Jeopardy (University of Chicago Press, 1955). The book is Rex Tugwell’s reflections on the years 1946-1954 written each year in August to mark the A-bombing of Hiroshima

Elisabeth had become the secretary of the Committee and the editor of its journal Common Cause. The last issue of Common Cause was in June 1951. G. A. Borgese published a commentary on the Constitution, dealing especially with his ideas on the nature of justice. It was the last thing he wrote, and the book was published shortly after his death: G. A. Borgese, Foundations of the World Republic (University of Chicago Press, 1953). In 1950, the Korean War started. Hope for a radical transformation of the UN faded. Borgese and his wife went to live in Florence, where weary and disappointed, he died in 1952.

The drafters of the World Constitution went on to other tasks. Robert Hutchins left the University of Chicago to head a “think tank”- Center for the Study of Democratic Institutions – taking some of the drafters, including Elisabeth, with him. She edited a booklet on the Preliminary Draft with a useful introduction A Constitution for the World (1965) However, much of the energy of the Center went into the protection of freedom of thought and expression in the USA, at the time under attack by the primitive anti-communism of then Senator Joe McCarthy.

In the mid-1950s, from world federalists and world citizens came various proposals for UN control of areas not under national control: UN control of the High Seas and the Waterways, especially after the 1956 Suez Canal conflict, and of Outer Space. A good overview of these proposals is contained in James A. Joyce, Revolution on East River (New York: Ablard-Schuman, 1956).

After the 1967 proposal of Arvid Pardo, Elisabeth Mann Borgese turned her attention and energy to the law of the sea. As the UN Law of the Sea Conference continued through the 1970s, Elisabeth was active in seminars and conferences with the delegates, presenting ideas, showing that a strong treaty on the law of the sea would be a big step forward for humanity. Many of the issues raised during the negotiations leading to the Convention, especially the concept of the Exclusive Economic Zone, actively battled by Elisabeth but actively championed by Ambassador Alan Beesley of Canada, are with us today in the China seas tensions. While the resulting Convention of the Law of the Sea has not revolutionized world politics – as some of us hoped in the early 1970s – the Convention is an important building block in the development of world law. We are grateful for the values and the energy that Elisabeth Mann Borgese embodied and we are still pushing for the concept of the common heritage of humanity.

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Prof. René Wadlow is President of the Association of World Citizens.

Day of Mother Earth – April 22

In Being a World Citizen, Environmental protection, Human Development, Human Rights, Poetry, The Search for Peace, United Nations, World Law on April 22, 2017 at 9:25 AM

DAY OF MOTHER EARTH – APRIL 22

By René Wadlow

The United Nations (UN) General Assembly in 2009 through resolution A/RES/63/278, under the leadership of the Plurinational State of Bolivia, designated April 22 as the International Mother Earth Day. The Day recognizes a collective responsibility, set out in the 1992 Rio Declaration, to promote harmony with Nature so as to achieve a just balance among economic, social and ecological needs of the present and future generations.

In traditional Indian culture, according to texts as early as the Vedas, the Earth is home to all living species that inhabit it and must not be excluded as they all contribute to the planet’s welfare and preservation. Therefore, human beings must contribute to the web of life of which they are a part and find ways of using the elements to produce food without damaging other life forms as far as possible.

World Citizens stress that Earth is our common home and that we must protect it together. Loss of biodiversity, desertification, and soil loss – all are signs that there must be renewed efforts to develop socio-economic patterns that are in harmony with Nature.

World Citizens highlight that the protection of Mother Earth is a task in which each of us must participate. However, there have always been traditions that stressed that a more enlightened group of humans would come to show the way. One tradition was among the Natives of North America. The more enlightened were thought of as “The Rainbow Warriors” – the warrior being one who protects rather than one who goes abroad to attack others. Nicola Beechsquirrel recalls this tradition in her poem, a tribute to Mother Earth.

 

The Rainbow Warriors

Nicola Beechsquirrel

Come, all who ever loved our Earth

Who lived in peace amongst her creatures

Gentle, loving, caring folk

With healing hands, and wisdom in your souls.

Come, incarnate once more

Come to Earth in her greatest need.

Help us rid her of her burdens

Cleanse her of all poisons

Close up the deep sores on her sacred body

And cover it once more in soft green.

Walk amongst us again

That we may relearn ancient skills

And long-forgotten wisdom

And tread lightly upon our Mother Earth

Taking from her only what we need

Living her ways in love and joy

Treating her creatures as equals.

Teach us how to reach those who exploit her

How to open their souls to the beauty of Life

That they may destroy no longer.

Come to us, Rainbow Warriors

Share with us your wisdom

For we have great need of it.

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Prof. René Wadlow is President of the Association of World Citizens.

Syria: Chemical Weapon Use, Destruction of Children, The Ethical Vacuum

In Being a World Citizen, Conflict Resolution, Current Events, Human Rights, Humanitarian Law, International Justice, Middle East & North Africa, NGOs, Refugees, The Search for Peace, United Nations, War Crimes, World Law on April 12, 2017 at 12:22 PM

SYRIA: CHEMICAL WEAPON USE, DESTRUCTION OF CHILDREN, THE ETHICAL VACUUM

By René Wadlow

The defense of those using their conscience to uphold humanitarian international law.

The Association of World Citizens (AWC) calls for the re-affirmation of humanitarian international law. It is a call to the soldiers and militia members in armed conflicts to refuse orders to violate humanitarian international law by refusing to use weapons outlawed by international treaties such as chemical weapons, landmines, cluster munitions or any weapon to attack civilians, especially children and women. We must defend all who use their individual conscience to refuse to follow orders to violate humanitarian international law.

“At the heart of this growing phenomenon of mass violence and social disintegration is a crisis of values. Perhaps the most fundamental loss a society can suffer is the collapse of its own value system. Many societies exposed to protracted conflicts have seen their community values radically undermined if not shattered altogether. This has given rise to an ethical vacuum, a setting in which international standards are ignored with impunity and where local value systems have lost their sway.”

-Olara Otunnu, then Special Representative of the United Nations (UN) Secretary-General for Children and Armed Conflict, Report to UN General Assembly, 1998.

The attack on Khan Sheikhoon in Idlib Province of Syria on April 4, 2017 raises at least two essential issues concerning humanitarian international law and the protection of children in times of armed conflict.

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A major issue is the use of chemical weapons, probably sarin or a sarin-like substance in violation of the 1925 Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare of which Syria was a party, among the 135 governments which have signed. The attack was also a violation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction which came into force in 1997. The Convention created The Hague-based Organization for the Prohibition of Chemical Weapons (OPCW). Syria signed the Convention in 2013 as part of a compromise decision to have its chemical-weapon stock destroyed.

The use of poison gas strikes deep, partly subconscious, reactions not provoked in the same way as seeing someone shot by a machine gun. The classic Greeks and Romans had a prohibition against the use of poison in war, especially poisoning water well because everyone needs to drink. Likewise poison gas is abhorred because everyone needs to breath to live.

There is a real danger that the Geneva Protocol of 1925, one of the oldest norms of humanitarian international law will be undermined and the use of chemical weapons “normalized”. The Organization for the Prohibition of Chemical Weapons is already investigating the use of chemical weapons in seven other locations in Syria.

Chemical weapons have been used in armed conflicts in the Middle East before. Although Egypt had signed the 1925 Geneva Protocol, Egyptian forces used chemical weapons widely in their support of the republican forces in the Yemen Civil War (1962-1967) with very few international outcries. As a result of the lack of any sanctions against Egypt, Syria requested Egyptian technical assistance in developing its own chemical weapons capabilities shortly after 1967 – well before the al-Assad dynasty came to power.

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Humanitarian international law is largely based on self-imposed restraints. Although the International Criminal Court has a mandate to try crimes of war and crimes against humanity, its impact on the way armed conflicts are currently carried out is small. Thus, restraints need to rest on the refusal of soldiers and militia members to carry out actions that they know to be against both humanitarian international law and the local value system. This is especially true of the non-harming of children in times of armed conflict.

Humanitarian international law creates an obligation to maintain the protection of all non-combatants caught in the midst of violent conflicts as set out in the Geneva Conventions of 1949 and their Additional Protocols of 1977. Moreover, there is an urgent need to focus special attention on the plight of children. They are the least responsible for the conflict and yet are most vulnerable. They need special protection. The norms to protect children in armed conflicts are set out clearly in the Additional Protocols which has 25 articles specifically pertaining to children. The norms are also clearly stated in the Convention on the Rights of the Child, the most universally ratified international treaty. The Convention calls for the protection of the child’s right to life, education, health, and other fundamental needs. These provisions apply equally in times of armed conflict and in times of peace.

As with the use of weapons prohibited by international treaty: chemical weapons, land mines, cluster munitions, the protection of children must be embodied in local values and practice. The classic Chinese philosopher Mencius, in maintaining that human were basically good, used the example of a child about to fall into a well who would be saved by anyone regardless of status or education.

The AWC has called for a UN-led conference on the re-affirmation of humanitarian, international law. There needs to be a world-wide effort on the part of governments and non-governmental organizations to re-affirm humanitarian values and the international treaties which make them governmental obligations. Such a conference would bring together into a coherent synthesis the four avenues of humanitarian international law:

1) The Geneva Conventions – Red Cross-mandated treaties;

2) The Hague Convention tradition dealing with prohibited weapons, highlighting recent treaties such as those on land mines and cluster munitions;

3) Human rights conventions and standards, valid at all time but especially violated in times of armed conflicts;

4) The protection of sites and monuments which have been designated by UNESCO as part of the cultural heritage of humanity, highlighting the August 2016 decision of the International Criminal Court on the destruction of Sufi shrines in northern Mali.

There is also a need to use whatever avenues of communication we have to stress to those living in Syria-Iraq-ISIS-Kurd-majority areas-and Turkey that they have a moral duty to disobey orders that violate humanitarian international law. We on the outside must do all we can to protect those who so act humanely in accord with their conscience.

-- AWC-UN Geneva Logo --

Prof. René Wadlow is President of the Association of World Citizens.

Saudi Arabia: Still Lost in the Sands of War

In Children's Rights, Conflict Resolution, Current Events, Human Rights, Humanitarian Law, International Justice, Middle East & North Africa, NGOs, Refugees, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on April 5, 2017 at 9:38 PM

SAUDI ARABIA: STILL LOST IN THE SANDS OF WAR

By René Wadlow

The aggression of the Saudi Arabia-led coalition (Bahrain, Egypt, Jordan, Kuwait, Morocco, Qatar, Sudan, and the United Arab Emirates) against Yemen began on March 24, 2015 so that we can now mark its second anniversary. However, there has been little progress toward a resolution of the armed conflict. Rather, there has been an increase in suffering, displacement of people, and destruction of the society. Saudi Arabia has changed the name from “Operation Decisive Storm” to “Operation Restoring Hope”, probably on the advice of the public relations firm which advises the United States (U. S.) Pentagon on the name of its operations. The first 28 days in 2015 of bombing from the air of cities and camps, killing women and children, created a sand storm, but the results were in no way decisive. Since that start on March 24, at least a 4,600 people have been killed, many more wounded and many displaced within the country. Nevertheless, the aggression has had little impact on the power configuration within the country.

The Association of World Citizens (AWC) has constantly called attention to the violations of the minimum standards of the laws of war. There are international agreements which set humanitarian law and human rights standards in times of armed conflicts, mainly the Red Cross Geneva Conventions of 1949 written in the light of experience during the Second World War and the two Protocols to the Conventions written in 1977 in the light of experiences of the Vietnam War. Not all States have ratified Protocols I and II, and a number of States have made reservations, especially refusing to forgo reprisals against civilians. Protocol I requires that attacks against military objectives be planned and executed so that “incidental” civilian injuries are not “excessive in relation to the specific military advantages anticipated”. The decision-making is subjective on the part of the military, and military officers rarely see any action as “excessive” (1)

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Another consequence of the bombing in Yemen is the starvation of the civilian population due to lack of food and water. As a result of the widespread use of defoliants in the Vietnam War, there was written as Article 54 (2) of the 1977 Additional Protocol I, a prohibition to destroy foodstuffs, crops, drinking water installations and irrigation works. Yemen is, at the best of times, short of food and drinking water installations. The bombing has deliberately increased the hardship as well as increasing the number of displaced people with resulting lack of access to food and water.

The members of the United Nations (UN) Security Council looked at the situation, and then decided to look away, although the Council appointed a UN mediator to try to find a “political solution”. The UN envoys to Yemen have had little influence on the promotion of a “political solution” or even any meaningful negotiations. The first UN envoy, Jamal Benomar, resigned in frustration. He has been replaced by Ismail Ould Cheikh Ahmed of Mauritania, who had been earlier the UN humanitarian coordinator for Yemen and so knows the country and its many factions well.

There is wide agreement in UN circles that Yemen is in a quagmire, with a free-fall of its economy, a collapse of its health services, its food imports blocked, and the country on the eve of division between north and south. The country’s present form dates from 1990 when south Yemen (Aden) was more or less integrated into the north, but the country remains highly fractured on tribal, sectarian, and ideological lines, with tribal structures being the most important. In the best of worlds, one could envisage a federal Yemen with a rule of law. More realistically, we can hope that autonomous tribal areas can be created that do not fight each other actively and allow necessary food imports and medical supplies into their areas.

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King Salman of Saudi Arabia

Saudi Arabia, which should have known better, thought that it could expand its influence in Yemen. The new King Salman with his son Mohammed as Defense Minister hoped for a quick victory, having an endless supply of modern military equipment from the USA, England and cooperation from the Gulf States. The memories of the Egyptian intervention with its heavy use of chemical weapons in the Yemen civil war of the 1960s was overlooked, both by Saudi Arabia and its close partner Egypt, although Egypt had lost some 20,000 soldiers at the time.

One generation rarely learns from the experiences of earlier generations, and both Saudi’s and Egyptians had hoped to advance their interests in Yemen’s political confusion. Instead, Saudi Arabian leaders have been lost, blinded by the sands of war. It is likely that the King and his son will never be trusted again. The aggression in Yemen was the first foreign policy effort of Saudi Arabia which had not been designed and directed by the USA − their first effort to walk alone. The King and his son were lost in the sands of war and will never be heard of again on the international scene, but oil revenues will continue to assure the royal court of a comfortable life style.

The AWC has proposed a four-step approach to the resolution of the armed conflict:

1) an immediate ceasefire ending all foreign military attacks;

2) humanitarian assistance, especially for hard-to-reach zones;

3) a broad national dialogue;

4) through this dialogue, the establishment of a highly decentralized federal government.

In an April 17, 2015 letter to the then UN Secretary-General Ban Ki-moon, the President of the Association of World Citizens wrote “It is imperative for the United Nations to be more effectively involved in ending the senseless aerial attacks and to establish a ceasefire, ensuring humanitarian and medical assistance to the people of Yemen. The critical situation is escalating and the humanitarian crisis in Yemen is approaching catastrophic dimensions”

We can, alas, only repeat ourselves today.

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Note:

D. Schindler and J. Toman, The Laws of Armed Conflicts (Martinus Nihjoff Publishers, 1988)

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Prof. René Wadlow is President of the Association of World Citizens.

Syrie : Résoudre le Conflit Armé et Reconstruire une Société Qui Soit Inclusive et Juste

In Being a World Citizen, Conflict Resolution, Current Events, Human Rights, Humanitarian Law, International Justice, Middle East & North Africa, NGOs, Refugees, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on April 3, 2017 at 10:56 PM

SYRIE : RÉSOUDRE LE CONFLIT ARME ET RECONSTRUIRE UNE SOCIÉTÉ QUI SOIT INCLUSIVE ET JUSTE

Par René Wadlow et Bernard J. Henry

Le 5 avril 2017, l’Union européenne (UE) et l’ONU tiendront une conférence commune sur l’avenir de la Syrie et de sa région. La « société civile » est invitée à y participer, mais il est impossible de savoir par avance si la rencontre de Bruxelles sera un événement de « récolte de fonds », auquel cas les Organisations Non-Gouvernementales (ONG) dotées du statut consultatif auprès de l’ONU ne pourront apporter qu’une contribution limitée, ou si les buts fixés seront plus ambitieux.

La rencontre organisée par l’UE et l’ONU est la troisième sur la Syrie en un laps de temps très court, démontrant l’ampleur des inquiétudes quant au flot des réfugiés ainsi que devant la violence et la souffrance qui ne semblent pas connaître de fin en Syrie et en Irak. Le texte suivant a été écrit au nom de l’Association of World Citizens (AWC) qui le transmet en amont aux gouvernements concernés par la conférence du 5 avril.

A la suite des pourparlers qui se sont tenus du 23 au 25 janvier 2017 à Astana (Kazakhstan) sous le parrainage de la Fédération de Russie, de la Turquie et de la République islamique d’Iran, un nouveau tour de pourparlers parrainé par l’ONU a eu lieu du 23 au 31 mars à Genève, sous l’appellation non-officielle de « Genève IV ». L’Émissaire spécial de l’ONU pour la Syrie, M. Staffan de Mistura, a dirigé ces pourparlers conviés par l’ONU à Genève et Lausanne.

Toutes les parties en présence au conflit en Syrie et en Irak n’y ont pas participé. Ni Daesh ni les Kurdes n’y étaient présents et toutes les composantes de l’opposition au Gouvernement du Président syrien Bachar al-Assad n’y ont pas été représentées. S’il existe des pourparlers non-officiels dans des hôtels ou des restaurants de Genève parallèlement aux négociations, en tout cas, personne n’en parle. Il existe une vaste et active communauté kurde à Genève et dans sa région, où certains agissent peut-être comme porte-paroles des efforts actuels de création du Rojava, zone autonome kurde au nord de la Syrie dont il est envisageable qu’elle s’associe un jour avec la région autonome kurde d’Irak.

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Les pourparlers de Genève ont porté sur des questions à court terme, parmi lesquelles un cessez-le-feu, la sécurité des civils syriens et l’accès aux humanitaires des zones en besoin d’aide. D’autres questions ont été abordées sur un plus long terme, s’agissant de processus politiques tels une administration transitoire, des changements constitutionnels, et des élections en vue d’un nouveau gouvernement dont les fondements soient plus larges.

En parallèle aux pourparlers intra-syriens lors desquels M. de Mistura a officié en tant que médiateur, l’ONU s’est saisie des préoccupations liées aux Droits Humains en Syrie, ayant créé une Commission d’enquête internationale indépendante sur la République arabe syrienne ainsi qu’un mécanisme commun d’enquête ONU-Organisation pour l’Interdiction des Armes Chimiques.

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L’Association of World Citizens (AWC), Organisation Non-Gouvernementale (ONG) dotée du statut consultatif auprès de l’ONU, active dans la résolution des conflits armés et la promotion des Droits Humains, avait salué l’appel lancé le 20 juillet 2011 par le Secrétaire Général de l’ONU de l’époque, Ban Ki-moon, pour un dialogue inclusif sur les griefs du peuple syrien et ses préoccupations pour l’avenir. A travers un message au Secrétaire Général, l’AWC avait encouragé une participation aussi large que possible de la société civile syrienne à un tel dialogue, ajoutant que l’AWC, consciente de l’utilité qui peut être celle des ONG internationales dans la résolution des conflits, aiderait à faciliter de telles discussions de toute manière jugée appropriée.

En décembre 2011 commença une Mission d’Observation de la Ligue des Etats Arabes qui allait s’avérer de courte durée. Dans un message du 9 février 2012 au Secrétaire Général de la Ligue des Etats Arabes, l’Ambassadeur Nabil el-Araby, l’AWC a proposé un renouvellement de la Mission d’Observation de la Ligue Arabe, avec l’inclusion d’un nombre plus important d’observateurs issus d’ONG et un mandat élargi dépassant la simple mission d’exploration, et ainsi jouer un rôle actif de résolution des conflits au niveau local dans l’espoir d’arrêter la spirale qui engloutit le peuple syrien dans la violence et le carnage.

A bien des reprises depuis lors, l’AWC a rappelé à l’ONU, au Gouvernement syrien et aux mouvements d’opposition le rôle important que peuvent remplir les ONG, tant syriennes qu’internationales, pour faciliter la résolution des conflits.

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Les combats en Syrie, en Irak et dans certaines régions de la Turquie ont généré un grand nombre de personnes déplacées et de réfugiés. La réaction des gouvernements au flot de réfugiés s’est montrée pour le moins inégale, quelques-uns s’étant montrés accueillants et d’autres ayant ouvertement fermé leur porte. Très tôt, l’AWC avait appelé de ses vœux une conférence de l’ONU sur les réfugiés et personnes déplacées. L’AWC a salué la convocation par l’ONU de conférences sur les réfugiés et l’aide humanitaire, au sein desquelles elle a pris toute sa part.

Les conflits armés en Syrie, en Irak, au Yémen et en Afghanistan ont causé des violations graves du droit humanitaire international : attaques contre des installations médicales et du personnel de santé, exécutions de prisonniers de guerre, tortures, destructions délibérées du patrimoine culturel, attaques délibérées contre des populations civiles, usage d’armes que les traités internationaux interdisent. En conséquence, l’AWC a souligné la nécessité d’une conférence de l’ONU pour la réaffirmation du droit humanitaire international. S’il ne se manifeste pas maintenant un soutien fort au droit humanitaire international, il existera un danger réel de voir les violations désormais considérées comme « normales », ce qui les rendra hors de contrôle. Des mesures fortes de soutien au droit humanitaire international doivent être prises sans délai.

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Les structures de gouvernement, l’autorité, les limites géographiques des régions administratives et les droits des minorités de prendre part à la vie de la nation posent problème en Irak, en Syrie au Liban depuis l’époque de la désintégration de l’Empire ottoman après la fin de la Première Guerre Mondiale. Il est essentiel de développer des formes de gouvernement adaptées rendant possibles à la fois l’autonomie locale et la coopération régionale.

La recherche d’une structure adaptée à ceux qui s’identifient comme Kurdes s’est avérée être une question particulièrement difficile qui a donné lieu à des violences. L’AWC, fidèle à la tradition de décentralisation et de fédéralisme d’Alexandre Marc et de Denis de Rougemont, tient que le fédéralisme et la décentralisation ne sont pas des chemins vers la désintégration d’un Etat, mais tendent au contraire à créer des structures plus justes d’organisation de l’Etat et de coopération régionale.

L’AWC salue la conférence organisée le 5 avril par l’UE et l’ONU sur la Syrie et la région du monde à laquelle elle appartient.

L’AWC affirme une nouvelle fois son souhait de coopérer pleinement à la vaste et indispensable tâche de mettre fin au conflit armé et de développer une société qui soit inclusive et juste.

Le Professeur René Wadlow est Président de l’Association of World Citizens.

Bernard J. Henry est Officier des Relations Extérieures de l’Association of World Citizens.

Syria: Armed Conflict Resolution and the Reconstruction of an Inclusive and Just Society

In Being a World Citizen, Conflict Resolution, Current Events, Human Rights, Humanitarian Law, International Justice, Middle East & North Africa, NGOs, Refugees, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on April 3, 2017 at 10:45 PM

SYRIA: ARMED CONFLICT RESOLUTION AND THE RECONSTRUCTION OF AN INCLUSIVE AND JUST SOCIETY

By René Wadlow

On April 5, 2017, the European Union (EU) and the United Nations (UN) will hold a joint conference on the future of Syria and its region. “Civil Society” is invited to participate, but it is not clear in advance if the Brussels meeting will be a “fundraising” one, in which case most Nongovernmental Organizations (NGO) in consultative status with the UN will have little to contribute or if there will be wider aims.

The EU-UN meeting is the third in a short space of time concerning Syria, a reflection of concern with the refugee flow and the continued violence and suffering in Syria and Iraq. The following is a text written on behalf of the Association of World Citizens (AWC) that is being sent to governments in advance of the April 5 conference. The text notes earlier appeals and efforts of the AWC in the Syria-Iraq-Turkey conflicts.

Following the January 23-25, 2017 talks in Astana, Kazakhstan sponsored by the Russian Federation, Turkey, and the Islamic Republic of Iran, a new round of United Nations (UN)-sponsored talks, March 23-31 was held in Geneva (informally called Geneva 4). The UN Special Envoy for Syria, Mr. Staffan de Mistura, has led the UN, Geneva and Lausanne-based talks. Not all the parties involved in the Syria-Iraq conflicts are participants in the talks. ISIS and the Kurds were not present, nor have all segments of the opposition to the Government of President Bashar al-Assad been formally present. What informal talks are held in Geneva hotels and restaurants during the negotiations are not officially reported. There is a large and active Kurdish community in the Geneva area and some may be spokespersons for the effort to create Rojava, a Kurdish autonomous zone in Northern Syria that might form some sort of association with the Kurdish autonomous area of Iraq.

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The Geneva-based talks have concerned short-term issues such as a ceasefire, safety of Syrian civilians and humanitarian access. There have also been longer-range issues concerning political processes such as a transition administration, constitutional changes, and elections for a new, more broadly based government.

Parallel to the intra-Syrian talks mediated by Mr. de Mistura, the UN has been concerned with the human rights issues having created an Independent International Commission of Inquiry on the Syrian Arab Republic as well as a joint UN-Organization for the Prohibition of Chemical Weapons investigative mechanism.

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The Association of World Citizens (AWC), a Nongovernmental Organization in consultative status with the UN, active on issues of the resolution of armed conflicts and the promotion of human rights, had welcome a July 20, 2011 call of then UN Secretary-General Ban Ki-moon for an inclusive dialogue to respond to pressing grievances and longer-term concerns of the Syrian people. The AWC, in a message to the Secretary-General, encouraged broad participation of Syrian civil society in such a dialogue and indicated that the AWC, knowing the possible usefulness of international NGOs in conflict resolution, would help facilitate such discussions in any way considered appropriate.

In December 2011, there was the start of a short-lived Observer Mission of the League of Arab States. In a February 9, 2012 message to the Secretary General of the League of Arab States, Ambassador Nabil el-Araby, the AWC proposed a renewal of the Arab League Observer Mission with the inclusion of a greater number of NGO observers and a broadened mandate to go beyond fact-finding and thus to play an active conflict resolution role at the local level in the hope to halt the downward spiral of violence and killing.

On many occasions since, the AWC has indicated to the UN, the Government of Syria, and opposition movements the potentially important role of NGOs, both Syrian and international, in facilitating armed conflict resolution measures.

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The fighting in Syria, Iraq and parts of Turkey has led to a large number of displaced persons and refugees. The response of governments to the refugee flow has been very uneven, welcoming in a few cases, outright rejection in other cases. The AWC early on called for a UN-led conference on refugees and internally displaced persons. The AWC welcomed and participated in the UN conferences on refugees and humanitarian aid.

The armed conflicts in Syria, Iraq, Yemen and Afghanistan have led to serious violations of humanitarian international law: attacks of medical facilities and personnel, the execution of prisoners of war, the use of torture, the deliberate destruction of cultural heritage, the deliberate attacks on civilian populations, the use of weapons banned by international treaties. Therefore, the AWC has stressed the need for a UN-led conference to reaffirm humanitarian international law. If strong support for international law is not manifested now, there is a danger that violations will become considered as “normal”, and thus will increase. Strong measures of support for humanitarian international law are needed to be undertaken now.

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The structures of government, the authority, and the geographic limits of administrative regions, the rights and participation in national life of minorities have been issues in Iraq, Syria and Lebanon since the disintegration of the Ottoman Empire at the end of the First World War. Appropriate forms of government which allow both for local autonomy and regional cooperation need to be developed. The search for an appropriate structure for those considering themselves to be Kurds has been a particularly difficult issue often leading to violence. The AWC which has a decentralization, federalist tradition in the spirit of Alexandre Marc and Denis de Rougemont, has highlighted that federalism and decentralization are not steps toward the disintegration of a State but rather are efforts to find a more just structure of State organization and regional cooperation.

The AWC welcomes the April 5, 2017 EU-UN conference on Syria and the region. The AWC reconfirms its willingness to cooperate fully in the vast and critical effort for an end to the armed conflict and a development of an inclusive and just society.

Prof. René Wadlow is President of the Association of World Citizens.

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