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UN Fact-finding Report: The Yazidis of Iraq

In Children's Rights, Conflict Resolution, Current Events, Democracy, Human Rights, International Justice, Middle East & North Africa, Religious Freedom, Solidarity on March 21, 2015 at 9:17 PM

UN FACT-FINDING REPORT: THE YAZIDIS OF IRAQ

By René Wadlow

On Thursday, March 19, 2015, the United Nations (UN) investigative team on human rights violations in Iraq led by Ms. Suki Nagra raised accusations of genocide and war crimes against the Islamic State (ISIS) citing evidence that ISIS sought to “destroy the Yazidi as a group” − the definition of genocide in the 1948 Genocide Convention which has become a core element of World Law. The fact-finding group of members of the Secretariat of the Office of the UN High Commissioner for Human Rights had been established by a Special Session of the Human Rights Council in September 2014. (See article ‘World Law Advanced by UN Special Session of the Human Rights Council on Human Rights Violations in Iraq’)

The report to the current session of the Human Rights Council included testimony from Yazidi men who had survived massacres by shielding themselves behind the bodies of men who had already been killed. “It was quite clear that attacks against them were not just spontaneous or happened out of the blue; they were clearly orchestrated. Witnesses consistently reported that orders were coming through, by telephone in many cases, about what to do with them. There was a clear chain of command”.  Ms. Nagra reported to the Human Rights Council. (On the Yazidis as a religious community, see the article ‘Iraq: Yazidis’ Genocide?’)

The report also detailed evidence that Yazidi women and girls were abducted and sold into slavery as spoils of war in violation of some of the oldest standards of world law against slavery developed by the League of Nations and continued by the UN. There were also repeated cases of rape. The use of rape as a weapon of war has become of increasing concern to both the UN human rights bodies and to NGOs.

As the Association of World Citizens’ (AWC) written Statement to the Iraq Special Session stressed, “The Association of World Citizens believes that world law as developed by the United Nations applies not only to the governments of Member States but also to individuals and non-governmental organizations. The ISIS has not been recognized as a State and is not a member of the UN. Nevertheless, the Association of World Citizens is convinced that the terms of the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief adopted by the General Assembly on 25 November 1981 applies to the ISIS.”

Citizens of the World stress the need for world law and certain common values among all the States and peoples of the world. We are one humanity with a shared destiny. The challenge before us requires inclusive ethical values. Such values must be based on a sense of common responsibility for both present and future generations.

Prof. René Wadlow is President and Chief Representative to the United Nations Office at Geneva of the Association of World Citizens.

Religious Liberty: Challenges and Tasks Ahead for Nongovernmental Organization Action

In Being a World Citizen, Conflict Resolution, Cultural Bridges, Current Events, Human Rights, International Justice, Religious Freedom, Solidarity, The Search for Peace, United Nations on February 2, 2015 at 4:21 PM

RELIGIOUS LIBERTY:

CHALLENGES AND TASKS AHEAD FOR NONGOVERNMENTAL ORGANIZATION ACTION

By René Wadlow

Every year, January 30 is a most appropriate day on which to reflect on issues of religious liberty and to the challenges facing us as members of nongovernmental organizations (NGOs) such as the Association of World Citizens (AWC). January 30 is the anniversary of the assassination of Mahatma Gandhi by Nathuram Godse, an agent of the semi-military militant Hindu organization RSS (Rashtriya Swayam-sevah Sangh). In the eyes of Godse, Gandhi was too tolerant of Muslims in the riots then going on at the time of independence and partition between India and Pakistan. Currently, the RSS is still very active trying to force with its militias Indian Christians to become Hindus. The RSS is backed by some factions within the Indian government. The RSS is a good example of the fact that efforts to destroy or limit strongly freedom of thought and religious liberty come from both governments and from religious organizations.

As the AWC has been very active on religious liberty issues within the United Nations (UN) human rights committees in Geneva, I will list briefly the types of challenges which we face and then mention UN standards which we can use in our efforts to promote religious liberty.

  • The first situation is when a State has a State Religion and persecutes minority religions within the country. An example is the Islamic Republic of Iran which has banned the Baha’i religion (which began in Iran) and persecutes its members.
  • The second situation is when a State has a State Religion and persecutes branches of that religion with which it disagrees: the Pakistan government persecution of the Ahmadi branch of Islam (which began in what is now Pakistan) is an example.
  • The third situation is when a State has a State Religion and persecutes those who wish to bring about reforms within that religion. A recent example is in Saudi Arabia where a young man posted on his Internet blog a plea to limit the powers of the “moral police” who try to enforce what the government considers “moral behavior” such as women not driving an auto. For his blog statement, Ralf Badawi was sentenced to 10 years in prison and 1,000 lashes of a whip (50 lashes in public each week during 20 weeks). The AWC’s External Relations Officer, Bernard Henry, was among those protesting this decision in front of the Saudi Embassy in Paris a few days ago in a demonstration led by Amnesty International.
  • The fourth situation is when a State has not State Religion and is against all religious movements and institutions in general. The Soviet Union from 1922 to 1942. In 1942, Stalin changed his policy to encourage religious people to fight the German invaders. Mainland China during the Cultural Revolution years and the Pol Pot government of Cambodia are examples of governments hostile to all religious movements.
  • The fifth situation: Armed movements which control some territory and who wish to create a State with a State Religion and who are hostile to religious minorities. The Islamic State in Iraq and Syria (ISIS) is a dramatic example of an armed movement which controls an area as large as France, partly in Iraq, partly in Syria. There are forced conversions to Islam and girls and women from minority religions are sold as slaves. The Boko Haram movement, active in nearly as large an area as France in northeast Nigeria, northern Cameroon, and part of Niger acts in the same way. Boko Haram and ISIS follow the same policy and ideology and cooperate when possible. We have very similar patterns, but on a smaller scale, in the Central African Republic where Christian militias have attacked Muslim communities so that the majority of Muslims have fled to neighboring countries. However, the Christian militias have not said that they wish to set up a State with Christianity as a State religion.
  • The sixth situation are States which have no State Religion but where there are popular, nongovernmental currents or movements against specific religions. France, Germany and Myanmar can be good examples. France, most recently after attacks against journalists of a satiric journal by two brothers of Muslim religion, has seen a relatively large number of people attacking Islamic institutions largely at night. In Germany, there is a movement which is holding large demonstrations against Muslims. The German government has been against these demonstrations but is limited in what sort of police actions it can take to prevent them. In Myanmar (Burma) although Buddhism was never officially proclaimed a State Religion, the military-led government favored Buddhist groups to such an extent that Buddhism could nearly be considered a State Religion. Currently there are Buddhist monk-led attacks against the Rohingyas − a Muslim minority − and the government has done nothing to prevent such attacks.
On January 23 Amnesty International France and Reporters Without Borders held a protest before the Saudi Arabian Embassy in Paris in support of blogger Raif Badawi. (C) Bernard J. Henry/AWC

On January 23 Amnesty International France and Reporters Without Borders held a protest before the Saudi Arabian Embassy in Paris in support of blogger Raif Badawi. (C) Bernard J. Henry/AWC

These six situations highlight violent situations in which religions are banned, followers killed, imprisoned, sold into slavery and living in fear of being attacked.

There are, of course, many examples of more subtle forms of discrimination, the use of tax policies, the non-recognition of a group as a religion, the banning of healing practices, images making fun of a religion etc. It is important to be aware of these more subtle forms. They need to be prevented, but they are less visible than the imprisonment of a person so they lead to fewer protests.

The front door of a mosque in France in 2009, covered by racist and neo-Nazi graffiti. Over the last five years anti-Islam acts have soared in the country, hitting an all-time high in the wake of the terror attack against the weekly satirical newspaper Charlie Hebdo of January 7, 2015. (C) Thierry Antoine/AFP

The front door of a mosque in France in 2009, covered by racist and neo-Nazi graffiti. Over the last five years anti-Islam acts have soared in the country, hitting an all-time high in the wake of the terror attack against the weekly satirical newspaper Charlie Hebdo of January 7, 2015. (C) Thierry Antoine/AFP

Universal Standards for Religious Liberty

The universal standard is set out in the Universal Declaration of Human Rights (Article 18) “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private to manifest his religion or belief in teaching, practice, worship and observance.” Article 18 of the Universal Declaration is reaffirmed in Article 18 of the International Covenant on Civil and Political Rights but made stronger by adding “no one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.” The Covenant was followed, after many years of discussion and debate in which the Association of World Citizens played an important role, with a UN General Assembly “Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief” of November 25, 1981. This is a strong Declaration. I believe that such a strong and comprehensive statement would not be possible today given the coordinated strength of the Islamic States in opposition to the idea in the Declaration of being able to change one’s religion. Unlike the Covenant, the Declaration is not a treaty and so there is no institution to study the action of governments in the light of the Declaration. Nevertheless, the Declaration, relatively little known, should be widely quoted by NGOs working on religious liberty issues.

What Can Be Done Today?

Governments are relatively inactive − or not active at all − when it comes to States restricting religious liberty. We have seen these recent days government leaders going to Saudi Arabia to wish the new king well, as Saudi Arabia sells oil and buys arms from Western governments. Saudi Arabia is one of the most violent oppressors of religious liberty. Thus I would expect no action on the part of governments toward other governments.

However, we do see governmental action against nongovernmental militias who violate religious liberty. There is a coalition of States, led by the United States, England and France to bomb from the air positions of the ISIS in Iraq-Syria. That such bombing will transform the ISIS into liberal advocates of human rights seems to me unlikely.

Likewise the army of Chad has joined the army of Nigeria to fight Boko Haram. As the Nigerian and Chadian armies are best known for their practice of burning villages and raping women, their contribution to a society of respect and tolerance is to be doubted.

Thus, to sum up: the possibilities for the defense of religious liberty are few. There are norms and standards set by the United Nations: Article 18 of the Universal Declaration and the Covenant, and especially the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief. Governments are basically unwilling to do anything in the UN even against the worst offenders. On the one hand governments need resources from the country − oil from Saudi Arabia − or they are more concerned with security issues of the country than with religious liberty issues − the case with Iran and North Korea.

If, as I believe, governmental action is useless and will make situations worse, what can NGOs do? One must not be discouraged. The challenges are great; the resources of NGOs are few. A worldwide erosion of religious freedom is causing large-scale human suffering, grave injustice and serious threats to world peace and security. Yet I believe that NGOs have through UN standards a clear set of international principles and standards to maintain. We must find ways for common action today.

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


“A Living Thing is Born”

In Being a World Citizen, Conflict Resolution, Human Development, International Justice, The Search for Peace, United Nations, World Law on November 15, 2014 at 4:18 PM

“A LIVING THING IS BORN”
by René Wadlow

 

 

November 15, 1920 – The First Assembly of the League of Nations, Geneva

 

 

 

“A general association of nations must be formed under specific covenants for the purpose of affording mutual guarantees of political independence and territorial integrity to great and small States alike.” President Woodrow Wilson. The last of the fourteen points in which he set out in January 1918 the Allied war aims.

November 15 marks the anniversary of the first session of the Assembly of the League of Nations. Representatives of 44 States entered La Salle de la Réformation in central Geneva. The Salle had been built originally as a meeting place for Protestant refugees from France and Italy who needed a place of worship and a place for discussions and welfare. In the large hall, there was Léon Bourgeois, the oldest delegate and a long-time French worker for peace. Ignace Paderewski headed the Polish delegation in a room where he had given piano concerts. There was Lord Robert Cecil, who with Jan Christian Smuts of South Africa was a principle author of the League Covenant. There were delegates from South Africa and India which had “dominion status” but were not yet fully independent.

Significant were the countries not represented: the USA, the USSR, Germany, Austria and Hungary − all of whom had participated in parts of the First World War. Woodrow Wilson had welcomed the birth of the League of Nations: “A living thing is born.” Unfortunately, the League ran into difficulties from the start. The United States refused to join; too long a time elapsed before Germany was admitted or the USSR asked to join. The legacy of the First World War, codified in the Versailles Treaty, upset both the political and economic climate: huge reparations due by Germany, the payment of large debts by the Allies to the US, monetary collapse in several countries and economic protectionism rampant. All this contributed to the Great Depression of the 1930s.

The greatest trouble, however, was the mentality of the officials in national foreign ministries and war offices who were thinking in terms of the balance of power and who could not bring themselves to face new challenges. Nor was there among the general public a sense of global citizenship, of world loyalty which might have influenced government leaders in a more positive direction. Even today, as Brian Urquhart has said of the United Nations (UN), “There has yet to emerge, on the international scene, a great combined popular constituency to insist on the necessity of a respected central order and an orderly process of law and the keeping of peace.” However, there were real contributions of the League to the development of world institutions. The UN’s structure is that of the League − only the names have been changed: The League Assembly became the General Assembly, the League Council became the Security Council, the Mandates Commission became the Trusteeship Council.

A crucial contribution was the creation of an impartial civil service responsible only to the head of the organization under the obligation not to accept instructions from any government or outside authority. The League created a high quality staff under the direction of the first Secretary-General, Sir Eric Drummond, who served from the start until 1933.

The League also provided the starting point for future work on refugees, drug control, health and agriculture through its close cooperation with the International Institute of Agriculture set up in Rome. The International Labor Organization functioned alongside the League, its budget being voted by the League Assembly.

Looking back, we can mark the progress not only of the institutions but also the persons who shape them. A new breed of international civil servants are evolving within world organizations and non-governmental organizations active within the UN system to make this earth a true home for humanity. They have dedicated themselves to the same tasks that the League began but left unfinished.

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


The Open Conspiracy for Peace

In Being a World Citizen, Conflict Resolution, Human Development, Introductory, The Search for Peace on September 21, 2014 at 2:26 AM

THE OPEN CONSPIRACY FOR PEACE

By René Wadlow

Behind the short-sighted governments that divide and mismanage human affairs, a real force for world unity and order exists and grows.”

H. G. Wells, A Short History of the World, 1943.

September 21 is the United Nations (UN)-designated World Day of Peace. It is also the anniversary of the birth of Herbert George Wells, usually known as just H. G. Wells.[i]

From the publication of The Time Machine in 1895 to his death in 1946, Wells ‘bestrode his world like a colossus’. He was a creator of modern science fiction, a pioneer of women’s rights (though he treated some badly in his many love affairs), a journalist, historian and novelist. Above all, he was a social thinker devoted to peace and a stable world order. It is this last aspect of his writing that makes his birth anniversary and the World Day of Peace appropriate.[ii]

Wells first studied biology under Thomas H. Huxley, the leading Darwinian of Victorian times, and came to see the ethical principles underlying humanity’s social systems as being rooted in the evolutionary process and therefore having the potential for onward development. Just as there was one major factor in biological progress − natural selection − so in social progress, there was one major factor − the quality of enlightened thought.

As he wrote, “However urgent things may seem, a great mental renascence must precede any effectual reorganization of the world. A systematic development and a systematic application of the sciences of human relationship, of personal and group psychology, of financial and economic sciences, and of education − sciences still in their infancy − is required. Narrow and obsolete, dead and dying moral and political ideas have to be replaced by a clearer and simpler conception of the common origins and destinies of our kind.”

"If we don't end war, war will end us." H. G. Wells.

“If we don’t end war, war will end us.”
H. G. Wells.

Wells was critical of democracy as being too slow and always tending toward the middle of the road on important issues. In 1928, he tried to alert to new dangers and possibilities by proposing an “open conspiracy” − an elite group of pioneer world citizens who would organize to move humanity forward[iii]. The Open Conspiracy was his organizing manual for the diverse constituencies of globally-minded citizens to bring sanity to the organizing of human affairs.

Wells clearly foresaw the need for a re-organization of the economic affairs of humanity. “Certain things, the ocean, the air, rare wild animals must be the collective property of all humankind and cannot be altogether safe until they are so regarded and until some concrete body exists to exercise these proprietary rights … the raw material of the earth should be for all.”

Some progress has been made in the identification of endangered species, and a variety of international conventions have at least slowed the despoliation of an amount of our natural heritage. Yet the ongoing destruction of forests, over-exploitation of the oceans as well as other signs of the environmental crisis are constant reminders of how much distance is left to travel.

Wells was harshly critical of Marxist theory and of the Communist rule of Stalin in the USSR. Thus he contrasts his “open conspiracy” with the closed conspiracies and vanguard approach of Lenin whom he had met in 1920. He was also highly opposed to Fascism and its closed conspiracies. The “open conspiracy” is a project for every manner of person once an individual has developed a ‘world consciousness’, though Wells was himself very Eurocentric in his world outlook.

He summed up his views as a race between education for world citizenship and catastrophe − a task or bold and creative minds.

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

[i] For a detailed biography see: David Lodge, A Man of Parts (New York, Viking, 436pp.)

[ii] For an overview of his political thinking see: John S. Partington. Building Cosmopolis: The Political thought of H.G. Wells Aldershot: Ashgate, 2003)

[iii] The Open Conspiracy was first published in 1928 and slightly revised published in 1933. The 1933 edition is republished much more recently with a strong introduction and notes in W. Warren Wagar. The Open Conspiracy/H.G. Wells on World Revolution (Westport, CT: Praeger Publishers, 151pp.).


UN Human Rights Protection: Small Steps, But No Turning Back

In Anticolonialism, Asia, Being a World Citizen, Conflict Resolution, Cultural Bridges, Current Events, Human Rights, International Justice, Middle East & North Africa, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on September 7, 2014 at 10:11 PM

UN HUMAN RIGHTS PROTECTION: SMALL STEPS, BUT NO TURNING BACK

By René Wadlow

 

The effectiveness of United Nations (UN) action to promote human rights and prevent massive violations grows by small steps. However, the steps, once taken, serve as precedents and can be cited in future cases. Once the steps taken, it is difficult to refuse such action later.

Such small steps can be seen in the contrasting response to two situations:

1) The current situation in Iraq and Syria, in particular the areas held by the Islamic State (IS) and

2) The massacres and refugee flow from East Pakistan, now Bangladesh, in 1971.

I will contrast briefly the Special Session on Iraq held on September 1, 2014 in Geneva of the Human Rights Council with efforts at the Sub-Commission on Prevention of Discrimination and Protection of Minorities in August 1971 when I was among the representatives of nongovernmental organizations (NGOs) which had signed a joint appeal to the Sub-Commission for action in East Pakistan.

The September 1 Special Session stands out for two precedents which can be important:

1) The affirmation that non-State actors are bound to respect UN human rights standards;

2) The speedy creation of a UN Committee of Inquiry by using members of the UN human rights secretariat.

The massive violations of human rights in those parts of Iraq and Syria held by the IS is the first time that a major UN human rights body, the Human Rights Council or the earlier Commission on Human Rights, deals with an area not under the control of a State.

The diplomats working on a Special Session decided to focus only on Iraq. If Syria had been included, the actions of the Syrian government would have had to be considered as well.

Holding non-State actors responsible for violations of UN human rights norms is an important precedent and can have wide implications. The Declaration of the Eliminations of All Forms of Intolerance and Discrimination Based on Religion or Belief, adopted by the UN General Assembly on November 25, 1981 sets the standard − a standard repeatedly being violated by the forces of the IS.

Likewise, the speedy creation of a Committee of Inquiry is a major advance. The Human Rights Council in the past, following a practice of the earlier Commission on Human Rights, has created “Commissions of Inquiry” also called “Fact-finding Missions.” Currently there are four such Commissions at work:

1) Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea,

2) The Independent International Commission of Inquiry on the Syrian Arab Republic,

3) The OHCHR Investigation on Sri Lanka,

4) The Commission of Inquiry on Gaza.

It was under Navanethem Pillay, who was the United Nations High Commissioner for Human Rights from 2008 to September 2014, that all of the existing four UN Commissions of Inquiry were created. The world has the former High Commissioner to thank for such valuable efforts in defense of human rights.

It was under Navanethem Pillay, who was the United Nations High Commissioner for Human Rights from 2008 to September 2014, that all of the existing four UN Commissions of Inquiry were created. The world has the former High Commissioner to thank for such valuable efforts in defense of human rights.

Each commission has three, sometimes four, members each from a different geographic zone. The members have usually had experience in UN activities, and the chair is usually someone who has a reputation beyond his UN efforts.

Since the commissions are usually not welcomed by the government of the country to be studies, the fact-finding is done by interviewing exiles and refugees. NGOs, scholars as well as governments can also provide information in writing. The commission reports rarely contain information that is not already available from specialized NGOs, journalists, and increasingly the Internet. However, the commission reports give an official coloring to the information, and some UN follow up action can be based on the reports.

It takes a good deal of time to put these commissions together as there must be regional balance, increasingly gender balance, as well as a balance of expertise. Moreover, the people approached to be a commission member are often busy and have other professional duties. It can sometimes take a month or more to put together a commission. In light of the pressing need presented by the situation in Iraq, it was decided that the members of the fact-finding group for Iraq would be members of the Secretariat of the Office of the High Commissioner for Human Rights so that they can get to work immediately.

For the UN, this is a major step forward and must have led to a good deal of discussion before the proposal was presented in the resolution. As it is, India and China objected publicly in official statements just before the final resolution was accepted. Both States maintained that using Secretariat members went beyond the mandate of the Office of the High Commissioner. They were worried by the increasing investigative role of the Office which should be limited only to helping develop national capacity building. Iraq today, Kashmir and Tibet tomorrow. The Indians and the Chinese are probably not the only governments worried, but they were the only States which spoke on the issue, Objecting strongly but saying they would not block consensus on the resolution.

In contrast to these steps: I had followed as closely as possible, from Geneva, the events in East Pakistan, having at one stage helped a representative of the Bangladesh opposition to speak to relevant diplomats in Geneva. Later, he became the Ambassador of Bangladesh to the UN in Geneva, and for a year was president of the Commission on Human Rights.

In December 1970, the Awami League led by Sheik Mujib Rahman won a majority of seats in the national assembly. The government of Pakistan refused to convene the national assembly, since it would result in shifting political power from West to East Pakistan. For three months, the government and the Awami League tried to negotiate a political settlement. On March 25, 1971, the government discontinued negotiations and unleashed the Pakistan army against the civilian population of East Pakistan. Hindus, members and sympathizers of the Awami League, students and faculty of the universities and women were especially singled out.

These atrocities continued until the Indian army which had been drawn into the conflict, in part by the large number of refugees that had fled to India, took control of Dacca on December 1, 1971.

When India gained independence from Britain in 1947, the predominantly Muslim-inhabited parts of the former colony became a separate country called Pakistan. Originally a Dominion within the British Empire, Pakistan eventually established a republic of its own in 1956. In March 1971 the province of East Pakistan launched a war of independence, waged by an armed force called the Mukti Bahini, also called the Bengali Liberation Army, and the Indian military which came to the aid of the rebels. Eventually, in December 1971 Pakistani troops were defeated and East Pakistan became a sovereign nation with the name of Bangladesh.

When India gained independence from Britain in 1947, the predominantly Muslim-inhabited parts of the former colony became a separate country called Pakistan. Originally a Dominion within the British Empire, Pakistan eventually established a republic of its own in 1956.
In March 1971 the province of East Pakistan launched a war of independence, waged by an armed force called the Mukti Bahini, also called the Bengali Liberation Army, and the Indian military which came to the aid of the rebels. Eventually, in December 1971 Pakistani troops were defeated and East Pakistan became a sovereign nation with the name of Bangladesh.

The UN Security Council was unwilling or unable to deal with the human rights situations in East Pakistan. The U. S. government strongly supported the Pakistan army while the Soviet Union supported India. For NGO representatives our hopes rested on the Sub-Commission on the Prevention of Discrimination and Protection of Minorities which was to meet in Geneva from August 2 to 20, 1971. At the time, the Commission on Human Rights and the bulk of the human rights secretariat was still in New York. However, the Sub-Commission would meet in Geneva once a year, usually in July or August.

The Sub-Commission members were not diplomatic representatives of governments as was the Commission on Human Rights. Rather they were “independent experts”. The saying among NGOs was that some were more independent than others, and some were more expert than others. Most were professors of law in their countries − thus the August dates when universities were on vacation. It was easier to have informal relations with Sub-Commission members than with diplomats, and NGO representatives could get advice on the best avenues of action.

NGOs had two formal avenues of action. We could present written statements that were distributed as official documents, and we could make oral statements, usually 10 minutes in which to develop ideas and to call attention to additional elements in the written statement. Written statements could be that of a single NGO or, often to give more weight, there could be a “joint statement”. On the East Pakistan situation, with the violence being covered by the world media, it was decided to have a joint statement. The statement called upon the Sub-Commission “to examine all available information regarding allegations of the violation of human rights and fundamental freedoms in East Pakistan and to recommend measures which might be taken to protect the human rights and fundamental freedoms of the people of East Pakistan”. Twenty-two NGOs with representatives in Geneva signed the joint statement, and John Salzberg, a representative of the International Commission of Jurists, made an oral statement presenting the written joint statement.

Government representatives were always present in the room and had the right to make statements (and also to try to influence the independent experts behind the scene). Najmul Saguib Khan, the independent expert from Pakistan contended that the Sub-Commission could not consider East Pakistan since the UN role in human rights “did not extend to questions arising out of situations affecting the sovereignty and territorial integrity of Member States and that attention to such situations would encourage those seeking the dismemberment of Member States.” The Indian diplomat, N.P. Jain, replied highlighting the influx of eight million refugees into India.

"On 13 June 1971, an article in the UK's Sunday Times exposed the brutality of Pakistan's suppression of the Bangladeshi uprising. It forced the reporter's family into hiding and changed history. (...) Written by Anthony Mascarenhas, a Pakistani reporter, and printed in the UK's Sunday Times, it exposed for the first time the scale of the Pakistan army's brutal campaign to suppress its breakaway eastern province in 1971. (...) There is little doubt that Mascarenhas' reportage played its part in ending the war. It helped turn world opinion against Pakistan and encouraged India to play a decisive role." (C) BBC News

“On 13 June 1971, an article in the UK’s Sunday Times exposed the brutality of Pakistan’s suppression of the Bangladeshi uprising. It forced the reporter’s family into hiding and changed history. (…)
Written by Anthony Mascarenhas, a Pakistani reporter, and printed in the UK’s Sunday Times, it exposed for the first time the scale of the Pakistan army’s brutal campaign to suppress its breakaway eastern province in 1971. (…)
There is little doubt that Mascarenhas’ reportage played its part in ending the war. It helped turn world opinion against Pakistan and encouraged India to play a decisive role.”
(C) BBC News

The Sub-Commission members took the “diplomatic way out” and said nothing. In drafting the report of the session, one member, Adamu Mohammed from Nigeria proposed deleting any reference to the discussion on East Pakistan. He held that the Sub-Commission had listened to, but had not considered the statements made by the representative of the International Commission of Jurists, the Sub-Commission member from Pakistan and the observer of India.

The NGO representatives were saddened by the lack of action but not totally surprised. No other UN human rights body took action, and the massacres stopped only after the ‘lightning war’ of India defeated the Pakistan army and occupied the country until a Bangladesh government could be set up.

There remains real danger that the situation in Iraq and Syria will continue through military means, but at least progress has been made within the UN in calling attention to conflicts within a State and holding all parties responsible for maintaining the standards of human rights.

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


Could the Use of Rockets Be Banned in the Middle East?

In Conflict Resolution, Current Events, Middle East & North Africa, The Search for Peace, United Nations, World Law on August 1, 2014 at 8:50 PM

COULD THE USE OF ROCKETS BE BANNED IN THE MIDDLE EAST?

By René Wadlow

 

The use of rockets by Islamic groups from Gaza toward Israel and the more deadly use of rockets and bombs by Israeli forces toward Gaza have raised in a dramatic way the possibility of banning rocket use in the Middle East.

Arms control in the Middle East has always been difficult as there is no equivalent of the Organization for Security and Cooperation in Europe (OSCE) in the Middle East. The United Nations (UN) as a universal organization has difficulty dealing with security matters on a regional basis. There are UN regional bodies to deal with economic and social issues but not for security matters. Thus, discussions and negotiations on the Iranian nuclear program is an ad hoc grouping. Likewise, negotiations on a Middle East Nuclear-weapon Free Zone often proposed by UN General Assembly resolutions as well as agreed upon during the 5-year reviews of the Treaty on the Non-Proliferation of Nuclear Weapons has never advanced, though Finland had proposed to host a governmental conference on the issue.

There had been in the 1992-1995 period the creation of the Arms Control and Regional Security Working Group (ACRS) which grew from the Madrid “peace process” with 14 States. In the words of the then United States Secretary of State, James Baker, the agenda of the Working Group was to consider “a set of modest confidence-building or transparency measures covering notification of selected military-related activities and crisis-prevention communications. The purpose would be to lessen the prospects for incidents and miscalculations that could lead to heightened competition or even conflict”. The approach followed the pattern of NATO-Warsaw Pact discussions as part of what was then still the Conference for Security and Cooperation in Europe. The ACRS confidence-building and transparency measures were so modest as to have been unseen when they ended in 1996.

A rocket being fired by the Israeli Defense Force (IDF) to counter an incoming rocket attack from Gaza. (AP Photo/Tsafrir Abayov)

A rocket being fired by the Israeli Defense Force (IDF) to counter an incoming rocket attack from Gaza. (AP Photo/Tsafrir Abayov)

Arms control can succeed when they are part of a larger process that addresses the human, social and psychological elements that undermine security. The NATO-Warsaw Pact confidence-building measures took place as the first “winds of change” were blowing in Eastern Europe and there were subtle signs of change in the Soviet Union leading to the 1990 Treaty on Conventional Armed Forces in Europe.

Unfortunately, confidence and security-building measures that would lead to missile control do not seem to be high on the current agendas of Middle East governments. With violence exploding, hopes for positive steps toward an Israeli-Palestinian accord in the near future seem dim. Some believe that regional arms control can only come after a comprehensive peace has been established in the region, to be followed by a state of peace among peoples beyond the terms of a formal peace agreement. Only then can there be an arms control process linked to confidence-building measures. In this approach, arms are seen as a result of political tensions, not the cause of political instability.

Thus, some feel that pressures to force premature disarmament in the absence of reliable alternative security structures will be seen as efforts to gain unilateral advantage rather than part of a broader approach towards co-operative security and stability.

No one will argue that the general political “climate” is not important to arms control efforts. However, a “one-weapon at a time approach” has had some success at the world level concerning chemical weapons, land mines, cluster bombs, as well as the small-arms trade. In nearly all the “one-weapon at a time approach” non-governmental organizations played an important role in raising the issue at the start and then building momentum once a few governments took an interest and provided leadership within government meetings.

Islamic Jihad rockets, ready to fire, in northern Gaza. (C) Flash90/File)

Islamic Jihad rockets, ready to fire, in northern Gaza. (C) Flash90/File

Thus, the Association of World Citizens (AWC) proposed in an 18 July 2014 message to the UN Secretary General and the Secretary-General of the League of Arab States that serious consideration be given to a pledge by States as well as non-State actors such as Hamas to refuse to use rockets and missiles at any time.

The AWC’s proposal is based on the “no first use” pledges concerning the use of nuclear weapons − a commitment never under any circumstance to initiate a nuclear attack. This commitment has become an accepted international norm though few nuclear-weapon States have made such a pledge. The norm is re-stated in UN General Assembly Resolution 36/100 which states in its Preamble, “Any doctrine allowing the first use of nuclear weapons and any actions pushing the world toward a catastrophe are incompatible with human moral standards and the lofty ideals of the UN.”

The AWC’s proposal follows the pattern of the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases and of Bacteriological Methods of Warfare, often called the 1925 Geneva Protocol. The Protocol bans the use, not the possession of poison gas so widely used during the 1914-1918 World War. The idea of inspection and the total destruction of stocks of chemical weapons came much later. It was the signature by Syria of the 1925 Geneva Protocol that led to the recent agreement by Syria to honor the no-use provisions and ultimately to have destroyed existing stocks under the provisions of the more recent Chemical Weapons Treaty which Syria signed as part of the recent agreement. However, it was the 1925 Geneva Protocol, as incomplete as it is, which “opened the door” to effective action.

Thus, efforts to eliminate stocks of rockets and missiles seem unlikely of success in the current context. However, a ban on use might be a real possibility and merits speedy consultations.

 

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


Lettre au Ministre des Affaires Etrangères de la République française

In Anticolonialism, Being a World Citizen, Children's Rights, Conflict Resolution, Cultural Bridges, Current Events, Human Rights, International Justice, Middle East & North Africa, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on July 30, 2014 at 9:07 PM

awc-un-geneva-logo

ASSOCIATION OF WORLD CITIZENS

ASSOCIATION DES CITOYENS DU MONDE

 

The External Relations Desk

 

 

Monsieur Laurent FABIUS

Ministre des Affaires Etrangères de la République française

Ministère des Affaires Etrangères

37 Quai d’Orsay

75700 PARIS

 

 

Le 25 juillet 2014

 

 

Monsieur le Ministre,

En tant qu’Organisation Non-Gouvernementale dotée du Statut Consultatif auprès de l’ONU et active à ce titre au sein du Conseil des Droits de l’Homme, l’Association of World Citizens (ci-après, AWC) tient à vous exprimer sa plus vive préoccupation quant aux positions adoptées par la République française au sujet des actuels événements violents et tragiques au Proche-Orient.

Depuis que l’Etat d’Israël a lancé, à travers la Force de Défense israélienne (ci-après, Tsahal), une opération dénommée « Gardiens de nos Frères », en réaction à l’enlèvement et l’assassinat, non élucidés à ce jour, de trois jeunes Israéliens originaires des colonies le 12 juin dernier, complétée par une autre opération de Tsahal portant pour sa part le nom de « Bordure de protection », celle-ci en réponse aux tirs de roquettes depuis la Bande de Gaza, votre pays exprime des positions favorables au seul Etat d’Israël, cependant que la population civile palestinienne de Gaza en semble oubliée.

Autant l’AWC ne peut que partager la méfiance des autorités françaises quant aux manières de faire avérées et intentions probables du Mouvement de la Résistance islamique (ci-après, Hamas), lequel contrôle la Bande de Gaza depuis sept ans, autant, pour une organisation telle que la nôtre qui a toujours dénoncé les atteintes aux Droits de l’Homme et appelé au respect de la dignité humaine sans considération de frontières, pas même de celles séparant l’Etat hébreu du Hamas ou de l’Autorité palestinienne, cette position de la part de la France est purement et simplement incompréhensible.

En particulier, nous ne pouvons pas nous expliquer que la France ait choisi, lors du vote du 22 écoulé au Conseil des Droits de l’Homme d’une résolution sur le respect du droit international dans les Territoires palestiniens occupés, de s’abstenir. Sachant quelle est l’histoire de la France au Proche-Orient, notamment à quel point votre pays s’est souvent distingué comme un interlocuteur hors pair entre les uns et les autres des belligérants, nous y voyons une occasion manquée d’aider à affirmer le principe de justice internationale et de favoriser un retour à la recherche de la paix.

Ensuite, l’AWC ne peut qu’attirer votre attention sur le rôle que joue inéluctablement la France dans le bombardement de zones civiles dans la Bande de Gaza, de par son statut de cinquième exportateur mondial d’armement à l’Etat d’Israël.

Selon le Quinzième Rapport de l’Union européenne sur les Autorisations d’Exportation d’Armes, pour la seule année 2012, votre pays a délivré des autorisations d’exportations à Tel Aviv pour plus de 200 millions d’euros.

A ce jour, plus de cinq cents Palestiniens ont été tués dans des attaques par les forces israéliennes, la grande majorité d’entre eux étant des civils, dont des femmes et des enfants. Du côté de l’Etat d’Israël, deux civils ont été tués ainsi que dix-huit membres de Tsahal.

L’AWC entend vous rappeler, à cet égard, la déclaration de Madame Navi PILLAY, Haute Commissaire des Nations Unies pour les Droits de l’Homme, rappelant aux parties en conflit à Gaza l’obligation qui leur est faite de se conformer aux principes de distinction, de proportionnalité et de précaution des attaques afin d’éviter les dommages civils, les exhortant au surabondant à mener des enquêtes promptes, indépendantes et sérieuses sur les allégations de violation du droit international.

A cette fin, il incombe à chaque pays du monde, plus particulièrement encore aux Membres Permanents du Conseil de Sécurité de l’ONU, de prendre en compte toutes les souffrances causées par ce conflit et de manière juste, non l’une plutôt que l’autre, ainsi que de tarir à la source la possibilité pour l’une ou l’autre des deux parties de faire perdurer le conflit, bien entendu en termes d’armement.

Seul l’avènement d’un système viable de droit mondial peut fournir le cadre travail propre à la création d’une société mondiale qui soit tout à la fois juste et pacifique. En tant que Citoyens du Monde, nous travaillons au renforcement du droit mondial ainsi que de son acceptation, de son fonctionnement ainsi que d’un système d’observation et de sanctions ô combien nécessaire en pareil cas.

C’est pourquoi nous sommes certains que votre Gouvernement ne manquera pas d’entreprendre tous les efforts afin,

D’une part,

– de condamner publiquement et fermement les attaques menées par Israël à l’encontre des Palestiniens tout autant qu’il condamne, à juste titre, les tirs de roquettes sur Israël en provenance de la Bande de Gaza,

– de soutenir dans les faits, malgré le vote français au Conseil des Droits de l’Homme, la création par les Nations Unies d’une mission d’enquête internationale qui soit chargée de faire la lumière sur les violations du droit international humanitaire et du droit international des Droits de l’Homme commises par les différentes parties depuis le 12 juin 2014,

D’autre part,

– de suspendre immédiatement toutes les livraisons de matériel militaire à l’Etat d’Israël et toute autorisation d’exportation délivrée en ce sens,

– d’œuvrer au Conseil de Sécurité pour un embargo général sur les armes à destination d’Israël, du Hamas et des groupes armés palestiniens, avec obligation préalable à toute fin à celui-ci de voir éliminé tout risque substantiel de voir ces armes utilisées pour commettre ou faciliter des violations graves du droit international humanitaire et du droit international des Droits de l’Homme.

Nous vous remercions par avance de mettre ainsi la France en conformité avec les normes internationales de Droits de l’Homme telles que définies par l’ONU, et ce faisant de rendre à votre pays le statut particulier que lui a depuis toujours conféré l’histoire dans la défense de ces droits au Proche et Moyen-Orient.

Nous vous prions de croire, Monsieur le Ministre, en l’assurance de notre haute considération.

 

Prof. René Wadlow

Président

 

Bernard Henry

Officier des Relations Extérieures

 

Cherifa Maaoui

Officier de Liaison

Afrique du Nord & Moyen-Orient

 

Noura Addad, Avocat

Officier juridique


Attack on Gaza: Letter to the President of the UN Security Council

In Anticolonialism, Conflict Resolution, Cultural Bridges, Current Events, Human Development, Human Rights, International Justice, Middle East & North Africa, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on July 15, 2014 at 7:24 PM

-- AWC-UN Geneva Logo --

ASSOCIATION OF WORLD CITIZENS

THE EXTERNAL RELATIONS DESK

 

July 14, 2014

 

H. E. Mr. Eugène-Richard Gasana

Ambassador, Permanent Representative

of the Republic of Rwanda

to the United Nations

President of the United Nations Security Council

 

Excellency:

The Association of World Citizens (AWC), a Nongovernmental Organization in Consultative Status with the United Nations Economic and Social Council (ECOSOC), has been concerned with the status of Gaza as well as the broader Israel-Palestine context.

The current manifestations of violence are part of a recurrent cycle of violence and counter-violence with which You are familiar.

The AWC believes that there must be a sharp break in this pattern of violence by creating institutions of security, development, and cooperation. Such a break requires more than the ceasefire proposed by the Security Council. The Association believes that longer-lasting measures must be undertaken that will allow new patterns of understanding and cooperation to be established.

In an earlier United Nations (UN) discussion of Gaza tensions, the AWC had proposed in a written statement to the Human Rights Council, “Human Rights in Gaza: Need for a Special Focus and Specific Policy Recommendations” (A/HRC/S-12/NGO-1, October 14, 2009; see attached copy) that a Gaza Development Authority be created – a transnational economic effort that would bring together the skills, knowledge and finance from Gaza, Israel, the Palestinian Authority on the West Bank, and Egypt to create conditions which would facilitate the entry of other partners.

Our proposal was obviously inspired by the Tennessee Valley Authority (TVA) of the “New Deal” in the USA. The TVA was a path-making measure to overcome the deep economic depression of the 1930s in the USA and the difficulties of cooperative action across state frontiers in the federal structure of the USA.

Today, the deep divisions in the Israel-Palestine area require more than economic measures – although economy and raising the standards of living remain important elements. Today, there should be a structure that provides security as well as economic advancement.

Therefore, the AWC would like to propose the creation of an International Temporary Transition Administration for Gaza that would promote security, stabilization, economic development, and institution building. Such a Transitional Administration would be limited in time from the start, perhaps five years.

Unlike the earlier UN Trusteeship agreements which followed upon the League of Nations mandate pattern, the Gaza Transitional Authority would welcome civil society cooperation from outside the area.

Such a Transitional Administration cannot be imposed. We believe that the Members of the Security Council can raise the possibility publicly, request a UN Secretariat study on what such a Transitional Administration would require, and encourage’ discussion among those most directly involved.

As Jean Monnet, one of the fathers of the European Common Market, had said, “Men take great decisions only when crisis stares them in the face.” We believe that the current violence is such a time of crisis. Our hope is that the Members of the Security Council are prepared to take great decisions.

Please accept, Excellency, the assurance of our highest consideration.

 

Prof. René Wadlow

President

 

Bernard Henry

External Relations Officer

 


1914 : Aurait-on pu tenir en laisse les chiens de guerre ?

In Being a World Citizen, Conflict Resolution, Europe, The Search for Peace, World Law on July 14, 2014 at 10:14 PM

1914 : AURAIT-ON PU TENIR EN LAISSE LES CHIENS DE GUERRE ?

Par René Wadlow

 

Depuis 1890, l’éventualité d’une guerre flottait dans l’air, lorsqu’Otto von Bismarck fut remplacé au poste de Chancelier de Prusse. Il avait su faire preuve de fermeté au milieu du complexe d’alliances formé entre les puissances européennes et tenté de garder la Prusse hors d’aventures coloniales en Afrique qui n’auraient fait qu’accroître encore les rivalités avec la France et la Grande-Bretagne. Mais le jeune Kaiser, Guillaume II, le destitua en mars 1890. Le Kaiser ne fut pas long à se mettre à dos la Russie et à alarmer la Grande-Bretagne, en encourageant des ambitions coloniales et navales inédites, de telle sorte que, venue l’année 1914, la carte politique du monde était devenue pour l’essentiel une carte des possessions coloniales, des protectorats et des sphères d’influence économique des Grandes Puissances qui dominaient la scène internationale.

Les guerres de 1912 et 1913 dans les Balkans avaient montré que des guerres demeuraient possible, mais la plupart des dirigeants des Grandes Puissances avaient le sentiment qu’ils étaient en mesure de maintenir le statu quo à travers la diplomatie et au moyen de conférences. Dans La Grande Illusion (1908), Norman Angell avait mis au jour la futilité de la guerre d’un point de vue économique. Et pourtant, les nuages continuaient de s’amonceler, annonçant l’orage.

Otto Eduard Leopold von Bismarck (1815-1898), le premier chef de gouvernement de l'Empire allemand.

Otto Eduard Leopold von Bismarck (1815-1898), le premier chef de gouvernement de l’Empire allemand.

Si les dirigeants des Puissances Européennes étaient voués à aller de crise en crise, jusqu’à déclencher in fine une guerre, n’était-il rien que le peuple aurait pu faire pour enrayer les aspirations irréconciliables des gouvernements ? Un espoir que l’on avait à l’époque était que le mouvement ouvrier, mené par les socialistes, refuserait de faire la guerre à la classe ouvrière d’autres Etats. Depuis 1900, la croissance industrielle avait conduit à la création d’un mouvement ouvrier dans la plupart des pays hautement industrialisés – l’Allemagne, l’Angleterre, la France. Un lien entre ces mouvements aurait-il pu empêcher la guerre ?

Le 29 juin 1914, le Bureau de l’Internationale socialiste se réunit à Bruxelles sous la bannière « Guerre à la Guerre ! », avec des dirigeants socialistes d’Angleterre, de France, d’Allemagne et de Belgique. Les deux personnalités qui s’en détachaient étaient Keir Hardie, de Grande-Bretagne, et venant de France, Jean Jaurès.

Jean Jaurès (1859-1914) avait d’abord été professeur de philosophie, ancien élève de l’Ecole normale supérieure, l’institution française d’élite qui forme les enseignants des dernières années du second cycle et ceux des universités. Jaurès avait été le condisciple d’Henri Bergson, qui serait connu par la suite comme le plus grand philosophe de son temps. Jaurès avait été élu au Parlement français alors qu’il n’était âgé que de vingt-six ans ; en 1893, il avait défendu des mineurs du charbon dans sa circonscription du sud-ouest, dans le Tarn, et s’était ainsi forgé une réputation au niveau national.

Jean Jaurès (1859-1914), ici au Pré Saint-Gervais (France) lors d'un meeting en 1913. L'homme politique avait été également le fondateur de la Ligue française des Droits de l'Homme et du journal L'Humanité.

Jean Jaurès (1859-1914), ici au Pré Saint-Gervais (France) lors d’un meeting en 1913.
L’homme politique avait été également le fondateur de la Ligue française des Droits de l’Homme et du journal L’Humanité.

Jaurès était un orateur hors pair, mû par un esprit humaniste dénué de tout dogmatisme, lequel allait l’amener à s’exprimer lors de meetings à travers tout le pays. N’étant en rien dogmatique, il avait la faculté de fédérer divers courants de pensée du réformisme social au sein d’un parti socialiste relativement unifié.

De plus en plus, l’incarnation à l’étranger du socialisme français, c’était Jaurès. Etudiant, il avait écrit sur les penseurs allemands, en particulier Fichte et Hegel, ce qui lui conférait une aisance particulière dans ses contacts avec les socialistes allemands.

L’idée d’une « grève générale internationale » au moment d’une éventuelle déclaration de guerre était l’une des idées en discussion dans les cercles socialistes en Angleterre. Cependant, aucun plan d’action formel n’avait été établi. Nombreux étaient les socialistes qui acceptaient l’esprit nationaliste étroit de leurs pays respectifs.

Deux jours après un meeting à Bruxelles, le 31 juillet 1914, de retour à Paris, assis dans un café, Jaurès fut abattu par un homme qui se disait nationaliste. Dans le style d’écriture violent de cette époque, les journaux de droite avaient appelé depuis un certain temps à la mort de Jaurès. Auparavant, Jaurès avait défendu le Capitaine Alfred Dreyfus, à l’occasion de ce qui avait été une ligne de fracture majeure dans la vie politique française, ce qui lui avait valu de nombreuses inimitiés à droite. Jaurès avait dit de Dreyfus qu’il était « un témoignage vivant des mensonges de l’armée, de la couardise politique, des crimes de l’autorité ».

Illustration de l'époque. Le 31 juillet 1914, Raoul Villain, âgé de vingt-neuf ans, tire sur Jaurès qui succombe à une hémorragie cérébrale.

Illustration de l’époque.
Le 31 juillet 1914, Raoul Villain, âgé de vingt-neuf ans, tire sur Jaurès qui succombe presque aussitôt à une hémorragie cérébrale.

Quelles qu’en aient été les motivations, le meurtre de Jaurès eut pour effet de réduire au silence une voix qui aurait pu porter dans l’appel à la retenue et à la raison, alors que les gouvernements se précipitaient vers une guerre qui n’avait de fondement que la peur qu’entretenait chacun de voir le camp adverse modifier les rapports de force irrémédiablement en sa propre faveur.

 

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


Iraq: What does one do with the broken pieces?

In Anticolonialism, Conflict Resolution, Cultural Bridges, Current Events, Democracy, Human Rights, Middle East & North Africa, The Search for Peace, United Nations, War Crimes, World Law on June 23, 2014 at 9:31 PM

IRAQ: WHAT DOES ONE DO WITH THE BROKEN PIECES?

By René Wadlow

 

There is the legendary sign in shops selling china and porcelain “Do not touch; If you break it, you buy it”. The same sign should have been hung at the entry to Baghdad rather than portraits of Saddam Hussein. With Iraq in armed confusion as sectors of the country change side, and the Iraqi government seems incapable of an adequate response other than to call for military help, as concerned world citizens we must ask ourselves “What can we do?”

The forces of the Islamic State of Iraq and Syria (ISIS) have broken down a wall on the frontier between Iraq and Syria as a symbol of abolishing national frontiers to be replaced by a community of the Islamic faithful − the umma. In some ways, we are back to the early days of the post-World War One period when France and England tried to re-structure that part of the Ottoman Empire that is now Iraq, Syria, Lebanon, Israel-Palestine, Jordan, Turkey and an ill-defined Kurdistan.

 

In March 2003 an international "coalition" led by the United States attacked Iraq in violation of international law and overthrew the country's dictator, Saddam Hussein. The problem is that, having acted without prior permission from the Security Council, the "coalition" was never able to garner support from the international community and build a real, stable democracy in Iraq. As a result, a significant part of the country is now in the hands of radical Islamist fighters.

In March 2003 an international “coalition” led by the United States attacked Iraq in violation of international law and overthrew the country’s dictator, Saddam Hussein. The problem is that, having acted without prior permission from the Security Council, the “coalition” was never able to garner support from the international community and build a real, stable democracy in Iraq. As a result, a significant part of the country is now in the hands of radical Islamist fighters.

 

During 1915, Sir Mark Sykes, a Tory Member of Parliament and a specialist on  Turkish affairs and Francois Georges-Picot, a French political figure with strong links to colonial factions in the French Senate negotiated how to re-structure the Ottoman Empire to the benefit of England and France. Although these were considered “secret negotiations” Sykes reported to Lord Kitchener, the War Minister, and Picot had joined the French Foreign Ministry as war service. However, both operated largely as “free agents”. Today Sykes and Picot are recalled for no other achievement than their talent in dividing. The agreement between them was signed in January 1916 but kept in a draw until the war was over. In April 1920 at San Remo, France and England made the divisions official.

History has moved on, but dividing and re-structuring remains the order of the day. The political structures of Israel-Palestine as one state, two states, or one state and occupied territories have confronted the best of mediators − and less talented mediators as well. With the war in Syria continuing, there have been suggestions to divide − or federate − the state into three parts: an Alawite-Shi’ite area, a Sunni area, and a Kurdish area. The same divisions had been suggested for Iraq earlier and are again being discussed in the light of the ISIS advances: a Shi’ite area in the south, Kurds in the north − already largely independent − and Sunnis in the Middle. Lebanon, although not a federal state, is largely structured on sectarian-geographic divisions.

 

In 1916 the Sykes-Picot agreement carved the Middle East into two "spheres of influence", one British, the other French, plus two zones of direct control by either of the colonial powers.

In 1916 the Sykes-Picot agreement carved the Middle East into two “spheres of influence”, one British, the other French, plus two zones of direct control by either of the colonial powers.

 

Constitution-making under duress is not the best way of doing things. Forced federalism presents even more difficulties than creating a federal state when people are not fighting each other. We have seen the difficulties of proposing federal structures for Ukraine, federalism seen by some as a prelude to the disintegration of the state. The difficulties in the wider Middle East are even greater, as we have three states directly involved: Iraq, Syria, Turkey with a well-organized and armed Kurdish community in Iraq and parts of Syria.

The Kurds had expected that a Kurdistan would be recognized after World War One. The issue was raised at a conference to set Middle East frontiers held in June 1923 in Lausanne. The failure of the Kurds to achieve their goal for independence and the forced inclusion of their mountainous homeland within the then newly created states of Iraq, Syria and Turkey caused resentment and unrest. All the Kurds received in 1923 was a pledge to respect minority rights. By 1924, the Turkish government had banned all Kurdish schools, organizations, publications, and religious Sufi brotherhoods. In 1925, there was the first of the Kurdish revolts in Turkey, which, on-and-off, continue to today.

 

The flag of the Kurdish people, a people without a nation, a people without a land, to whom the promises of history ring hollow today more than they ever have. (C) Bernard J. Henry/AWC

The flag of the Kurdish people, a people without a nation, a people without a land, to whom the promises of history ring hollow today more than they ever have. (C) Bernard J. Henry/AWC

 

As outsiders but as specialists in federal forms of government, is there anything which we can do to be helpful? Maps are deceptive, and what is drawn as Shi’ite, Sunni and Kurdish area in Iraq and Syria have, in fact, mixed populations. Nor are religious-sectarian divisions the only lines of fracture.

Nevertheless, discussions among Syrians, Iraqis, Turks, Iranians and outside specialists on forms of government may be of greater use than sending Special Forces as ‘intelligence’ specialists. Such discussions will not be easy to organize or to facilitate but in a period of constitutional disorder and flux, such efforts are necessary.

 

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