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Appel de l’AWC pour la Libye

In Africa, Being a World Citizen, Conflict Resolution, Current Events, Humanitarian Law, Libya, Middle East & North Africa, NGOs, Solidarity, The Search for Peace, Track II, United Nations, World Law on April 30, 2019 at 10:09 AM

L’ASSOCIATION OF WORLD CITIZENS APPELLE A UN CESSEZ-LE-FEU EN LIBYE, AU RESPECT DU DROIT HUMANITAIRE INTERNATIONAL ET A L’OUVERTURE DE NÉGOCIATIONS DE BONNE FOI SUR LA FUTURE STRUCTURE CONSTITUTIONNELLE DE L’ÉTAT

L’Association of World Citizens, réagissant aux appels à l’aide de personnes déplacées et menacées par les bombardements dans les combats aux alentours et au cœur même de Tripoli, appelle à un cessez-le-feu immédiat qui permît de distribuer de l’aide humanitaire, ainsi que de sauver des vies.

Les affrontements ne donnant pas signe de fin entre, d’un côté, le Général Khalifa Haftar à la tête de son Armée nationale libyenne et, de l’autre, les milices locales contrôlées par le Gouvernement, créent toutes les conditions d’une intensification des atteintes aux lois de la guerre, en particulier d’attaques contre les civils et les installations médicales.

L’Association of World Citizens appelle instamment à ce que des négociations aient lieu sous l’égide de médiateurs des Nations Unies, comme il était prévu qu’elles aient lieu du 14 au 16 avril, et à ce que ces négociations soient ouvertes à un éventail de participants qui soit aussi large que possible. Il faut des structures constitutionnelles nouvelles et adéquates pour assurer l’administration d’un Etat par nature complexe et diversifié. Depuis un certain temps, notre association met en avant l’éventualité de structures administratives de type confédéral au sein de l’Etat.

L’Association of World Citizens, qui s’était préoccupée de la situation des Droits Humains et de la liberté d’expression en Libye du temps où Mu’ammar Kadhafi dirigeait le pays, demeure préoccupée par le sort du peuple libyen depuis la mort de l’ancien leader en 2011. A présent, le temps est venu pour toutes les parties d’agir de manière responsable pour mettre fin aux combats et entamer des négociations de bonne foi.

POUR L’ASSOCIATION OF WORLD CITIZENS,

Professeur René WADLOW

Président

Bernard J. HENRY

Officier des Relations Extérieures

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An AWC Appeal for Libya

In Africa, Being a World Citizen, Conflict Resolution, Current Events, Humanitarian Law, Libya, Middle East & North Africa, NGOs, Solidarity, The Search for Peace, Track II, United Nations, World Law on April 30, 2019 at 10:05 AM

THE ASSOCIATION OF WORLD CITIZENS CALLS FOR A CEASEFIRE IN LIBYA, THE RESPECT OF INTERNATIONAL HUMANITARIAN LAW AND THE START OF NEGOTIATIONS IN GOOD FAITH ON THE FUTURE CONSTITUTIONAL STRUCTURE OF THE STATE

The Association of World Citizens, responding to calls for assistance from persons displaced and in danger of bomb attacks by the fighting in and around Tripoli, calls for an immediate ceasefire so that humanitarian aid can be provided, and lives saved.

Continued fighting by the forces of General Khalifa Haftar and his Libyan National Army opposed by local militias under the control of the Government is likely to lead to increased violations of the laws of war, especially attacks upon civilians and medical facilities.

The Association of World Citizens urges that negotiations under the leadership of United Nations mediators, originally to be held April 14-16, be undertaken with a range of participants as wide as possible. New and appropriate constitutional structures are needed for the administration of a complex and diversified State. This association has proposed the possibility of con-federal administrative structures for the State.

The Association of World Citizens had been concerned with human rights and freedom of expression in Libya during the time of the leadership of Mu’ammar Gaddafi and has continued to be concerned with the fate of the people of Libya since his death in 2011. Now is the time for responsible action by all parties for an end to the fighting and the start of negotiations in good faith.

FOR THE ASSOCIATION OF WORLD CITIZENS,

Professor René Wadlow

President

Bernard J. Henry

External Relations Officer

The League of Nations and its Unused Peace Army

In Being a World Citizen, Conflict Resolution, Human Rights, NGOs, Solidarity, The Search for Peace, Track II, United Nations, World Law on April 28, 2019 at 3:28 PM

By René Wadlow

April 28, 1919 can be considered as the birth of the League of Nations. The creation of the League had been on the agenda of the Peace Conference at Versailles, just outside of Paris, from its start in January 1919. The United States (U. S.) President, Woodrow Wilson, was the chief champion of the League. The creation of such an organization was discussed from the start in January, along with discussions as to where the headquarters of the League would be set. On April 28, there was a unanimous decision to create a League of Nations and at the same time Geneva was chosen for its headquarters.

Woodrow Wilson

Some of the later failings of the League were visible from the start. Defeated Germany and revolutionary USSR were not invited to join, and the U. S. Senate turned down the invitation. Nevertheless, the first decade of the League’s life saw a good deal in international cooperation, especially in the fields of labor conditions, health, social welfare, intellectual cooperation, and agriculture – all areas that would later be continued and developed within the United Nations (UN) system.

The first decade saw the settlement of a number of conflicts that could have led to war. There was a wide-spread feeling that a new era in international relations had been born. However, the 1930s began with the conflicts which led to the end of the League.

On September 18, 1931, Japan accused China of blowing up a Manchurian railway line over which Japan had treaty rights. This “Mukden Incident” as it became known was followed by the Japanese seizure of the city of Mukden and the invasion of Manchuria. Military occupation of the region followed, and on February 18, 1932, Japan established the puppet “State of Manchuria” (Manchukuo).

Further hostilities between Japan and China were a real possibility. The League tried to mediate the conflict under the leadership of Salvador De Madariaga, the Ambassador of Republican Spain to the League. In practice, none of the Western governments wanted to get involved in Asian conflicts, especially not at a time when they were facing an economic depression.

Salvador De Madariaga

Nongovernmental organization cooperation with the League of Nations was not as structured as it would be by the UN Charter. There were a few peace groups in Geneva which did interact informally with the League delegations – the Women’s International League for Peace and Freedom, the International Peace Bureau, and the British Quakers were active but were unable to speak directly in League meetings. They could only send written appeals to the League secretariat and contact informally certain delegations.

In reaction to the Japan-China tensions, Dr. Maude Revden, a former suffragist, one of England’s first women pastors, influenced by Mahatma Gandhi whom she had visited in India proposed “shock troops of peace” who would volunteer to place themselves between the Japanese and Chinese combatants. The proposal for the interposition of an unarmed body of civilians of both sexes between the opposing armies was brought to the Secretary General of the League of Nations, Sir Eric Drummond. Drummond replied that it was not in his constitutional power to bring the proposal before the League’s Assembly. Only governments could bring agenda items to the Assembly. Nevertheless, he released the letter to the many journalists then in Geneva as the Assembly was in session. The letter was widely reported.

An unarmed shock troop of the League never developed, and China and much of Asia became the scene of a Japanese-led war.

Sir Eric Drummond

The idea of an unarmed interposition force was again presented this time to the UN by world citizens shortly after the UN’s creation at the time of the 1947-48 creation of the State of Israel and the resulting armed conflict. The proposal was presented by Henry Usborne, a British MP, active in the world federalist and world citizen movement. Usborne was influenced by Mahatma Gandhi’s concept of satyagraha (a soul force) and proposed that a volunteer corps of some 10,000 unarmed people hold a two-kilometer-wide demilitarized zone between Israel and its Arab neighbors.

Jayaprakash Narayan

Somewhat later, in 1960, Salvador De Madariaga, who had ceased being the Spanish Ambassador to the League when General Franco came to power, created in 1938 the World Citizens Association from his exile in England. He developed a proposal with the Gandhian Indian Socialist Party leader Jayaprakash Narayan for UN Peace Guards, an unarmed international peace force that would be an alternative to the armed UN forces. (1) De Madariaga and Narayan held that a body of regular Peace Guards intervening with no weapons whatever, between two forces in combat or about to fight might have considerable effect.

The Peace Guards would be authorized by the UN Member States to intervene in any conflict of any nature when asked by one of the parties or by the Secretary-General.

Dag Hammarskjold who was having enough problems with armed UN troops in the former Belgium Congo and understanding the realpolitik of the UN did not act on the proposal. Thus, for the moment, there are only armed UN troops drawn from national armies and able to act only on a resolution of the Security Council.

Note

1) A good portrait of Jayaprakash Narayan, a world citizen, is set out in Bimal Prasad, Gandhi, Nehru and J.P. Studies in Leadership (Delhi, Chamakya Publications, 1985)

Narayan was also one of the Indian leaders met by the student world federalist leaders in their 1949 stay in India. See Clare and Harris Wofford, Jr., India Afire (New York: John Day Company, 1951)

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

A Step Forward in the UN’s Efforts Against Rape as a Weapon of War

In Being a World Citizen, Conflict Resolution, Current Events, Human Rights, Humanitarian Law, International Justice, Modern slavery, Solidarity, The Search for Peace, Track II, United Nations, War Crimes, Women's Rights, World Law on April 26, 2019 at 10:50 PM

By René Wadlow

On Tuesday, April 23, 2019, the United Nations (UN) Security Council voted Resolution 2467 concerning the use of rape as a weapon in times of armed conflict. This resolution builds on an earlier resolution of June 24, 2013 which called for the complete and immediate cessation of all acts of sexual violation by all parties in armed conflicts. The new resolution introduced by Germany contained two new elements, both of which were eliminated in the intense negotiations in the four days prior to the vote of 13 in favor and two abstentions, those of Russia and China.

The first new element in the German proposed text concerned help to the victims of rape. The proposed paragraph was “urges United Nations entities and donors to provide non-discriminatory and comprehensive health services including sexual and reproductive health, psychosocial, legal and livelihood support and other multi-sectoral services for survivors of sexual violence, taking into account the special needs of persons with disabilities.”

French Ambassador François Delattre

The United States (U. S). delegation objected to this paragraph claiming that “sexual and reproductive health” were code words that opened a door to abortion. Since a U. S. veto would prevent the resolution as a whole, the paragraph was eliminated. There had been four days of intense discussions among the Security Council members concerning this paragraph, with only the U. S. opposed to any form of planned parenthood action. After the resolution was passed with the health paragraph eliminated, the Permanent Representative of France, Ambassador François Delattre, spoke for many of the members saying “It is intolerable and incomprehensible that the Security Council is incapable of acknowledging that women and girls who suffered from sexual violence in conflict and who obviously didn’t choose to become pregnant should have the right to terminate their pregnancy.”

Russian Ambassador Vassily Nebenzya

The second concept of the German draft that was eliminated was the proposal to create a working group to monitor and to review progress on ending sexual violence in armed conflict. Such a working group was opposed by the diplomats of Russia and China, both of which have the veto power. Thus, for the same reason as with the U. S. opposition, the idea of a monitoring working group was dropped. Both China and Russia are opposed to any form of UN monitoring, fearing that their actions on one topic or another would be noted by a monitoring group. The Russian diplomat had to add that he was against the added administrative burden that a monitoring group would present but that Russia was against sexual violence in conflict situations.

Thus, the new UN Security Council Resolution 2467 is weaker than it should have been but is nevertheless a step forward in building awareness. The Association of World Citizens (AWC) first raised the issue in the UN Commission on Human Rights in March 2001, citing the judgment of the International Criminal Tribunal for Former Yugoslavia which maintained that there can be no time limitations on bringing an accused to trial. The Tribunal also reinforced the possibility of universal jurisdiction that a person can be tried not only by his national court but by any court claiming universal jurisdiction and where the accused is present.

Nadia Murad, the Iraqi women’s rights activist who was raped as an ISIS/Daesh slave

The AWC again stressed the use of rape as a weapon of war in the Special Session of the Commission on Human Rights Violations in the Democratic Republic of Congo citing the findings of Meredeth Turshen and Clotilde Twagiramariya in their book What Women Do in Wartime: Gender and Conflict in Africa (London: Zed Press, 1998). They write “There are numerous types of rape. Rape is committed to boast the soldiers’ morale, to feed soldiers’ hatred of the enemy, their sense of superiority, and to keep them fighting: rape is one kind of war booty; women are raped because war intensifies men’s sense of entitlement, superiority, avidity, and social license to rape: rape is a weapon of war used to spread political terror; rape can destabilize a society and break its resistance; rape is a form of torture; gang rapes in public terrorize and silence women because they keep the civilian population functioning and are essential to its social and physical continuity; rape is used in ethnic cleansing; it is designed to drive women from their homes or destroy their possibility of reproduction within or “for” their community; genocidal rape treats women as “reproductive vessels”; to make them bear babies of the rapists’ nationality, ethnicity, race or religion, and genocidal rape aggravates women’s terror and future stigma, producing a class of outcast mothers and children – this is rape committed with consciousness of how unacceptable a raped woman is to the patriarchal community and to herself. This list combines individual and group motives with obedience to military command; in doing so, it gives a political context to violence against women, and it is this political context that needs to be incorporated in the social response to rape.”

The Security Council resolution opens the door to civil society organizations to build on the concepts eliminated from the governmental resolution itself. Nongovernmental organizations (NGOs) must play an ever-more active role in providing services to rape victims with medical, psychological and socio-cultural services. In addition, if the UN is unable to create a monitoring and review of information working group, then such a monitoring group will have to be the task of cooperative efforts among NGOs. It is always to be hoped that government acting together would provide the institutions necessary to promote human dignity. But with the failure of governments to act, our task as nongovernmental representatives is set out for us.

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

Libya: Will the UN Appeal for a Halt to the March on Tripoli Be Heard?

In Africa, Conflict Resolution, Current Events, Democracy, Libya, Middle East & North Africa, NGOs, The Search for Peace, Track II, United Nations, World Law on April 10, 2019 at 9:51 PM

By René Wadlow

With the administrative-political situation in Libya badly stalemated and a meeting for negotiations to be held April 14-16 unlikely to make progress, on Thursday, April 4, 2019, General Khalifa Haftar, one of the key players in the drama decided to start a “March on Tripoli” and to take overall power by force.

Most of the significant buildings in Libyan cities were built by Italians during the Fascist period, when Libya was an Italian colony. Thus, General Haftar has patterned himself on Mussolini’s 1922 “March on Rome”. In 1922, the diplomats of most States looked away when Mussolini marched or the diplomats took it as a domestic affair.

In 2019, the “March on Tripoli” has drawn more international attention and concern. The United Nations (UN) Secretary-General, Antonio Guterres, met with Haftar a few hours before the March began. Guterres was in Libya to facilitate the April 14-16 meeting on which his Special Representative, Ghassan Salamé, has been working for some time in the hope of drawing a road map for long-delayed elections. On Friday, April 5, the UN Security Council held a closed-door emergency meeting. The Security Council called for a halt to the March on Tripoli and the de-escalation of the growing armed conflict.

The Security Council recognized the real possibilities of broader armed conflict and its consequences on the civilian population. In the recent past, the Libyan armed factions have violated the laws of war and have a sad record of abuses against civilians.

We will now have to see if Khalifa Haftar is more open to international appeals than was Benito Mussolini. My impression is that the goal of holding overall power is stronger than the respect of international law. However, even a successful “March on Tripoli” will not create the conditions for an administration of a culturally and geographically-diverse country. New and appropriate constitutional structures must be developed.

There cannot be a return to the earlier Italian colonial structures, nor to the forms of government at independence developed by King Idris al Sanussi which depended largely on his role as a religious leader using religious orders, nor the complicated pattern of “direct democracy” developed by Muammar al-Qadhafi. The Association of World Citizens has proposed the possibility of con-federal structures.

The post 2011 Libyan society faces large and complex issues. Resolving the institutional, economic and political issues is urgent and cannot be settled by elections alone. There are three distinct regions which must have some degree of autonomy: Tripolitania and Cyrenaica both bordering the Mediterranean and Fezzan in the southern Sahara. Within each of the three regions there are differing and often rival tribal societies which are in practice more kinship lines than organized tribes. (1) There are differing economic interests and there are differing ideologies ranging from “Arab Socialism” to the Islamist ideology of the Islamic State which has spread from its Syrian-Iraqi base.

The situation is critical, and the next few days may be crucial for the future of the country.

Note

1) See J. Davis. Libyan Politics, Tribes and Revolution (London: I. B. Tauris, 1987)

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

Migration and Awareness of Trafficking in Persons

In Being a World Citizen, Current Events, Human Rights, Modern slavery, NGOs, Refugees, Social Rights, Solidarity, The Search for Peace, Track II, United Nations, World Law on April 10, 2019 at 9:47 PM

By René Wadlow

The United Nations (UN) Global Compact for Safe, Orderly and Regular Migration has drawn attention to the positive aspects of migration. However, there are also negative aspects so that we are also concerned with migration that is not safe such as trafficking in persons. A UN report presented to the Commission on the Status of Women at the start of its current two-week session in New York highlighted that human trafficking is one of the fastest growing criminal industries and one of the biggest human rights crises today. The vast majority of victims trafficked are for sexual exploitation, while others are exploited for forced labor and forced marriage.

One aspect of migration issues is the issue of the trans-frontier trafficking in persons. Awareness has been growing, but effective remedies are slow and uncoordinated. Effective remedies are often not accessible to victims of trafficking owing to gaps between setting international standards, enacting national laws and then implementation in a humane way.

The international standards have been set out in the “United Nations Convention against Transnational Organized Crime” and its “Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.” The Convention and the Protocol standards are strengthened by the “International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.” The worldwide standards have been reaffirmed by regional legal frameworks such as the “Council of Europe Convention on Action against Trafficking in Human Beings.”

Despite clear international and regional standards, there is poor implementation, limited government resources and infrastructure dedicated to the issue, a tendency to criminalize victims and restrictive immigration policies in many countries.

Trafficking in persons is often linked to networks trafficking in drugs and arms. Some gangs are involved in all three; in other cases, agreements are made to specialize and not expand into the specialty of other criminal networks.

Basically, there are three sources of trafficking in persons. The first are refugees from armed conflicts. Refugees are covered by the Refugee Conventions supervised by the UN High Commissioner for Refugees (UNHCR) in the country of first asylum. Thus, Syrian refugees are protected and helped by the UNHCR in Lebanon, but not if they leave Lebanon. As ¼ of the population of Lebanon are now refugees from the conflicts in Syria, the Lebanese government is increasingly placing restrictions on Syrian’s possibility to work in Lebanon, to receive schooling, medical services, proper housing etc. Therefore, many Syrians try to leave Lebanon or Turkey to find a better life in Western Europe. Refugees from Iraq, Afghanistan, Sudan follow the same pattern.

The second category are people leaving their country for economic reasons − sometimes called “economic refugees.” Migration for better jobs and a higher standard of living has a long history. Poverty, ethnic and racial discrimination, and gender-based discrimination are all factors in people seeking to change countries. With ever-tighter immigration policies in many countries and with a popular “backlash” against migrants in some countries, would-be migrants turn to “passers” − individuals or groups that try to take migrants into a country, avoiding legal controls.

A third category − or a subcategory of economic migration − is the sex trade, usually of women but also children. As a Human Rights Watch study of the Japanese “sex-entertainment” businesses notes, “There are an estimated 150,000 non-Japanese women employed in the Japanese sex industry, primarily from other Asian countries such as Thailand and the Philippines. These women are typically employed in the lower rungs of the industry either in ‘dating’ snack bars or in low-end brothels, in which customers pay for short periods of eight or fifteen minutes. Abuses are common as job brokers and employers take advantage of foreign women’s vulnerability as undocumented migrants: they cannot seek recourse from the police or other law enforcement authorities without risking deportation and potential prosecution, and they are isolated by language barriers, a lack of community, and a lack of familiarity with their surroundings.” We find similar patterns in many countries.

The scourge of trafficking in persons will continue to grow unless strong counter measures are taken. Basically, police and governments worldwide do not place a high priority on the fight against trafficking unless illegal migration becomes a media issue. Thus, real progress needs to be made through nongovernmental organizations (NGOs) such as the Association of World Citizens. There are four aspects to this anti-trafficking effort. The first is to help build political will by giving accurate information to political leaders and the press. The other three aspects depend on the efforts of the NGOs themselves. Such efforts call for increased cooperation among NGOs and capacity building.

The second aspect is research into the areas from which children and women are trafficked. These are usually the poorest parts of the country and among marginalized populations. Socio-economic and educational development projects must be directed to these areas so that there are realistic avenues for advancement.

The third aspect is the development of housing and of women’s shelters to ensure that persons who have been able to leave exploitive situations have temporary housing and other necessary services.

The fourth aspect is psychological healing. Very often women and children who have been trafficked into the sex trades have a disrupted or violent family and have a poor idea of their self-worth. This is also often true of refugees from armed conflict. Thus, it is important to create opportunities for individual and group healing, to give a spiritual dimension to the person through teaching meditation and yoga. There are needs for creating adult education facilities so that people may continue a broken education cycle.

There are NGOs who are already working along these lines. Their efforts need to be encouraged and expanded.

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

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