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August 19 – World Humanitarian Day: A Need for Common Actions

In Being a World Citizen, Conflict Resolution, Current Events, Human Rights, International Justice, Middle East & North Africa, Solidarity, The Search for Peace, Uncategorized, United Nations, World Law on August 18, 2016 at 11:32 PM

AUGUST 19 – WORLD HUMANITARIAN DAY:
A NEED FOR COMMON ACTIONS
By René Wadlow

In memory of Sergio Vieira de Mello (1948-2003)

The United Nations (UN) General Assembly has designated August 19 as “World Humanitarian Day” to pay tribute to aid workers in humanitarian service in difficult and often dangerous conditions. August 19 was designated in memory of the bombing on August 19, 2003 of the UN office building in Baghdad, Iraq in which Sergio Vieira de Mello, UN High Commissioner for Human Rights and at the time Special Representative of the UN Secretary General, was killed along with 21 UN staff members. Over 200 UN employees were injured. The exact circumstances of the attack are not known, and why United States (U. S.) and UN security around the building was not tighter is still not clear. A truck with explosives was able to dive next to the building and then blew itself up.

Sergio Vieira de Mello had spent his UN career in humanitarian efforts, often with the Office of the High Commissioner for Refugees and at other times as Special Representative of the UN Secretary General. As a Nongovernmental Organization (NGO) representative to the UN in Geneva and active on human rights issues, I knew him during his short 2002-2003 tenure as High Commissioner for Human Rights. Many of us had high hopes that his dynamism, relative youth (he was 54) and wide experience in conflict resolution efforts would provide new possibilities for human rights efforts. His death along with the death of others who had been Geneva-based was a stark reminder of the risks that exist for all engaged in humanitarian and conflict resolution work.

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Sergio Vieira de Mello (1948-2003) (C) Wilson Dias

This year the risks and dangers are not just memories but are daily news. On May 3, 2016, the UN Security Council unanimously adopted Resolution 2286 calling for greater protection for health care institutions and personnel in light of recent attacks against hospitals and clinics in Syria, Iraq, Yemen, South Sudan, Democratic Republic of Congo, and Afghanistan. These attacks on medical facilities are too frequent to be considered “collateral damage.” The attacks indicate a dangerous trend of non-compliance with world law by both State and non-State agents. The protection of medical personnel and the treatment of all the wounded − both allies and enemies − goes back to the start of humanitarian law.

The Association of World Citizens (AWC) has stressed the need for accountability, including by investigation of alleged violations of the laws of war. The grave violations by the Islamic State (ISIS) must be protested by as wide a coalition of concerned voices as possible. There is a real danger that as ISIS disintegrates and no longer controls as much territory, it will increase terrorist actions.

The laws of war, now more often called humanitarian law, have two wings, one dealing with the treatment of medical personnel in armed conflict situations, the military wounded, prisoners of war, and the protection of civilians. This wing is represented by the Geneva (Red Cross) Conventions. The second wing, often called The Hague Conventions limit or ban outright the use of certain categories of weapons. These efforts began at The Hague with the 1900 peace conferences and have continued even if the more recent limitations on land mines, cluster weapons and chemical weapons have been negotiated elsewhere.

The ban on the use of weapons are binding only on States which have ratified the convention. Thus the current use of USA-made cluster weapons in Yemen by the Saudi Arabia-led coalition is, in a narrow sense, legal as the USA, Saudi Arabia and Yemen have not signed the cluster weapon ban. The AWC was one of the NGOs leading the campaign against cluster weapons. My position is that when a large number of States ratify a convention (which is the case for the cluster-weapons ban) then the convention becomes world law and so must be followed by all States and non-State actors even if they have not signed or ratified the convention. The same holds true for the use of land mines currently being widely used by ISIS in Syria and Iraq.

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A B-1B Lancer unleashes cluster munitions. (C) U. S. Air Force

The current situation concerning refugees and internally-displaced persons can also be considered as part of humanitarian law. Thus those working with refugees and the displaced within their country are also to be honored by the World Humanitarian Day. To prevent and alleviate human suffering, to protect life and health and to ensure respect for the human person − these are the core values of humanitarian law.

There needs to be a wide public outcry in the defense of humanitarian law so that violations can be reduced. The time for action is now.

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Syrian and Iraqi immigrants getting off a boat from Turkey on the Greek island of Lesbos. (C) Ggia

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

Yemen Negotiations Move Ahead Slowly – Postwar Planning Needed

In Being a World Citizen, Children's Rights, Conflict Resolution, Current Events, Human Development, Human Rights, Middle East & North Africa, Solidarity, The Search for Peace, United Nations, Women's Rights, World Law on July 19, 2016 at 4:50 PM

YEMEN NEGOTIATIONS MOVE AHEAD SLOWLY – POSTWAR PLANNING NEEDED

As a result of Saudi bombing raids, Yemen’s underdeveloped socio-economic infrastructure has been largely destroyed. Post-war planning will need to be followed by international aid for development, with post-war socio-economic construction developed on a basic needs approach.

By René Wadlow

Guard sits on the rubble of the house of Brigadier Fouad al-Emad, an army commander loyal to the Houthis, after air strikes destroyed it in Sanaa, Yemen

A guard sits on the rubble of the house of Brigadier Fouad al-Emad, an army commander loyal to the Houthis, after air strikes destroyed it in Sanaa, Yemen June 15, 2015. Warplanes from a Saudi-led coalition bombarded Yemen’s Houthi-controlled capital Sanaa overnight as the country’s warring factions prepared for talks expected to start in Geneva on Monday. REUTERS/Khaled Abdullah

The United Nations (UN)-mediated peace negotiations for Yemen led by Ismail Ould Cheikh in Kuwait move ahead slowly. The 13-month war was at first between Houthis tribal forces loyal to former President Ali Abdallah Saleh and those supporting the current president, Abd-Rabbu Mansour Hadi, who had been Saleh’s vice-president for many years. The war is a struggle for power but is not an ideological-religious-tribal conflict.

Into this conflict has come a Saudi Arabian-led military coalition using bombs and sophisticated weapons. As a result, some 2.5 million people have been displaced within the country. Yemen was already a poor country which needed to import much of its agricultural and food supplies. As a result of the Saudi bombing raids, the underdeveloped socio-economic infrastructure has been largely destroyed.

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A shopping center destroyed by an airstrike in Sana’a, the capital of Yemen, on April 20, 2015. (C) Ibrahem Qasim

Thus, there is a serious need first for postwar planning to be followed by international aid for development. “Reconstruction” would be the wrong term since there was little that had been “constructed”. Rather, we need to look to a postwar socio-economic construction developed on a basic needs approach.

The Basic Needs Approach to Development with its emphasis on people as central to the development process is embodied in the June 1976 World Employment Conference Declaration of Principles and Program of Action.[i] The Declaration underlines the importance of the individual and the central role of the family and household as the basic unit around which to work for development.

Although the Basic Needs Approach builds on the development thinking of the UN and national governments of the 1950s and 1960s such as rural development, urban poverty alleviation, employment creation through small-scale industries, the Declaration of Principles is a major shift in development strategies with its focus on the family with the objective of providing the opportunities for the full physical, mental, and social development of the human personality. The Program of Action defines a two-part approach: “First, Basic Needs includes certain minimum requirements of a family for private consumption: adequate food, shelter and clothing, as well as certain household equipment and furniture. Second, Basic Needs includes essential services provided by and for the community at large, such as safe drinking water, sanitation, public transport, health, education and cultural facilities.”

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Widespread destruction in a residential neighborhood near Mount Attan after an airstrike carried out by the Saudi Arabian-led “coalition” in Yemen. (C) Ibrahem Qasim

The Program added a basic element to the actions: “A Basic Needs-oriented policy implies the participation of the people in making the decisions which affect them through organizations of their own choice.”

The Basic Needs Approach concentrates on the nature of what is provided rather than on income − income having often been used as the criteria for drawing a ‘poverty line’. The Basic Needs Approach is concerned not only with the underemployed but also with the unemployable: the aged, the sick, the disabled, orphaned children and others. Such groups have often been neglected by the incomes and productivity approach to poverty alleviation and employment creation.

For Yemen which is largely structured on the basis of clan – extended family institutions, the Basic Needs Approach is most appropriate. In practice, there are few institutions or associations beyond the clan level, although tribal and religious identities are often mentioned. Tribes and religious identity are “shorthand” terms as it is impossible to mention the multitude of clans. However, a family welfare – meeting basic needs is the most appropriate strategy on which to base postwar planning. Although the fighting continues sporadically and agreement on a possible “unity government” seems far away, Basic Needs Planning must start now.

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

[i] See the Director General’s Report and the Declaration in the International Labor Office. Employment, Growth and Basic Needs: A One World Problem (New York: Praeger Publishers, 1977, 224 pp.)

Turkey, the Death Penalty, and Human Dignity

In Being a World Citizen, Current Events, Democracy, Europe, Human Rights, International Justice, Middle East & North Africa, Solidarity, United Nations, World Law on July 19, 2016 at 4:07 PM

TURKEY, THE DEATH PENALTY, AND HUMAN DIGNITY

By René Wadlow

In the aftermath of the failed military coup of July 15-16, 2016 in Turkey, there have been calls at the highest levels of political authority to restore the death penalty.

The Association of World Citizens (AWC) has a consistent policy of opposition to the death penalty, in statements to the United Nations (UN) human rights bodies as well as in direct appeals to governments.

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Since the end of World War II, there has been a gradual abolition of the death penalty due to the rather obvious recognition that putting a person to death is not justice. Moreover, on practical grounds, the death penalty has little impact on the rate of crime in a country. A number of States have a death penalty for those involved in the drug trade. To the extent that the drug trade can be estimated statistically, the death penalty has no measurable impact on the trade − a trade usually linked to economic or geopolitical factors.

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The AWC is opposed to all organized killings by State agents. In addition to State-sponsored official executions, usually carried out publicly or at least with official observers, a good number of countries have State-sponsored “death squads” − persons affiliated to the police or to intelligence agencies who kill “in the dark of the night” − unofficially. These deaths avoid a trial which might attract attention or even a “not guilty” decision. A shot in the back of the head is faster. The number of “targeted killings” has grown. In many cases, the bodies of those killed are destroyed and so death is supposed but not proved, as has been the case of students protesting in Mexico. USA assassinations with drones has also been highlighted both in the UN human rights bodies and domestically. However, the drone “strikes” continue, and there is very little legislative opposition.

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A good deal of recent concern had been expressed on the death sentence in Saudi Arabia pronounced against Ali al−Nimr found guilty “of going out to a number of marches, demonstrations, and gatherings against the state and repeating some chants against the state” when he was 15 years old. He was to die by crucifixion. There is perhaps some chance of a change of penalty due to more historically-minded Saudis. The most widely known person crucified is Jesus. As the Roman count records have been lost, we have only the account written by his friends who stressed that he was innocent of the crimes for which he was condemned. His crucifixion has taken on cosmic dimensions. “Are you washed in the blood of the Lamb?” The Saudis try to avoid some of the Jesus parallel by beheading the person before putting the rest of the body on the cross, but the image of the crucified as innocent is wide spread.

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Thus, the AWC stresses the importance of human dignity. Our efforts against executions need to be addressed both to governments and to those state-like non-governmental armed groups such as ISIS in Syria and Iraq. The abolition of executions and the corresponding valuation of human life are necessary steps in developing a just world society.

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

World Humanitarian Summit: On the Front Lines for Action

In Being a World Citizen, Conflict Resolution, Current Events, Human Rights, Solidarity, The Search for Peace, United Nations, World Law on May 21, 2016 at 10:22 PM

WORLD HUMANITARIAN SUMMIT: ON THE FRONT LINES FOR ACTION

By René Wadlow

The World Humanitarian Summit organized by the United Nations (UN) will open on May 23, 2016 in Istanbul, Turkey. The aim of the conference in the words of UN Secretary-General Ban Ki-moon is to see what should be done “to end conflict, alleviate suffering and reduce risk and vulnerability.” Turkey is on the front lines of the consequences of armed conflict with nearly three million refugees from Syria and Iraq as well as its own attacks against Kurds. Turkey has entered into agreements with the States of the European Union concerning the flow of refugees through Turkey to Europe − agreements that have raised controversy and concern from human rights organizations.

Given the policies of the Turkish Government, some nongovernmental organizations (NGOs) have refused to participate in protest. Doctors Without Borders − one of the best-known of the relief organizations − has pulled out. However, the Association of World Citizens will participate while working for a settlement of Kurdish issues at the same time.

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On June 28, 2015, rescued migrants being brought to southern Italian ports (C) Irish Defense Forces

As with all UN conferences, there has been a good deal of earlier discussion. These discussions within UN agencies, national governments, and NGOs have led to a synthesis document which sets out the agenda and the main lines for discussion in Istanbul. It is the Secretary-General’s report for the World Humanitarian Summit One humanity: shared responsibility. (A70/709). There is a useful overview of the current world situation of refugees, internally-displaced people and of people on the move to escape persistent poverty. There are also warnings about future displacement of people due to the consequences of climate change.

As the report highlights “The effort necessary to prevent and resolve conflict will be massive but can be broken down into sets of core actions. They include demonstrating courageous leadership, acting early, investing in stability and ensuring broad participation by affected people and other stakeholders.”

As with so many UN reports, there is a call for courageous political leadership and a mobilization of political will. If there were more courageous political leadership, we might not have the scope and intensity of the problems we now face. There is a limited amount that we can do to provide courageous political leadership at the national level. Rather we have to ask what can we do within NGOs in which we are active to resolve conflicts and deal with some of the consequences of the conflicts such as refugee flows.

I see three areas, outlined in the UN report as agenda items, that we can develop on a nongovernmental level. The UN report sets out the values that also guide our NGO actions. “To prevent and alleviate human suffering, to protect life and health and to ensure respect for the human person − these are the most important humanitarian principles”.

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Doctors Without Borders staff distribute take-home kits for Ebola survivors in Liberia (C) Morgana Wingard

The first issue for NGO action is to strengthen respect for the laws of war − now more commonly called Humanitarian Law. The recent and wide-spread attacks against medical facilities and medical personnel indicate an erosion of the laws of war. There is an urgent need to strengthen respect for the laws of war. This is an issue on which NGOs and the media can focus. Much humanitarian law has already been codified into the Geneva Conventions and other treaties. States which have not ratified should be encouraged to do so, but States must also be encouraged to live up to their word.

The second area is risk analysis and the publication of findings. All governments do a certain amount of risk analysis and contingency planning, especially the military. However, they make their findings public only when it serves their interests and States give little information as to how the analysis was made. NGOs along with academic institutions can provide analysis from open sources and indicate growing tension areas − what I have called “storm warnings”. For storm warnings to be effective, they need to reach as many people as possible and especially those in the path of the storm. International support for conflict resolution efforts must be made early and in a continuing way. If a storm does not break out quickly, it does not mean that the “storm-creating factors” have gone away and that attention can be put on other possible conflict areas. There need to be constant awareness of the way that tensions may form.

The third issue is training and preparation. There are a relatively large number of people working for (or having worked for) relief operations. They are able to set up tents, field kitchens, field clinics and water supplies. There may be need for more but there is not much room for innovation. However, teaching in refugee camps, dealing with longer-range psychological damage are areas where there is less experience and also less agreement as to what is to be done.

We can wish creative energies for the participants in the World Humanitarian Summit. Hopefully, the broad outline of actions necessary will be set, but the real work of all international conferences comes in the follow-up.

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

Tair, 19: Israel, “Will you put me in jail for a murder I will not commit?”

In Being a World Citizen, Conflict Resolution, Current Events, Human Rights, Middle East & North Africa, Solidarity, The Search for Peace, Uncategorized, War Crimes, World Law on April 27, 2016 at 9:30 AM

TAIR, 19: ISRAEL, “WILL YOU PUT ME IN JAIL FOR A MURDER I WILL NOT COMMIT?”
By Bernard Henry

In 1987 a British new wave group called Johnny Hates Jazz topped the charts with a song called I Don’t Want to Be a Hero, whose standardized, rather soulless music hid lyrics that were anything but common in the pop song industry of that era. No phony story of an impossible love romance – the song was really a fierce anti-war statement.

Among the lyrics, a question asked by the young man stating his refusal of conscription stands out:

“And what if I fail?
Will you put me in jail
For a murder I will not commit?”

By the time the song was released, the United Kingdom had long renounced conscription, as had the United States, Canada, and Australia. In the Western world, only in Europe could a draft be found, although the practice had gradually disappeared from the continent when the twentieth century ended. Except for Norway, Finland, Austria and Greece – plus neutral Switzerland – the then NATO allies of Britain against the Warsaw Pact are now all draft-free.

In what is generally called “the West”, only one non-European country retains a strong draft – Israel.

Ever since the Jewish State was created in 1948, its armed forces regrouped under the Hebrew acronym Tsahal, literally Tsva Haganah Lé-Yisrael, “Israeli Defense Force” (IDF), have taken in young people of both genders, male and female. Having been often at war with its Arab neighbors, being constantly in need of military personnel to maintain its occupation of the West Bank and the Golan Heights, Israel has traditionally had all of its sons and daughters wear the uniform for a few years – three for the boys, two for the girls. Exemptions are given, though, to observant religious Jews and, on quite different grounds, to non-Druze Arab Israeli citizens.

Then comes the problem when you “don’t want to be a hero”, in short, when you declare yourself a conscientious objector (CO), thus joining the number of the country’s shministim, “twelfth-graders”, students who refuse to comply with the law and enter the IDF once they have completed their high school studies as the law requires. You must appear before an IDF board, and if you fail to obtain exemption from military service, you will be ordered to enlist at once – or go to jail.

That is what happened this year to Tair Kaminer, 19. A member of Mesarvot – Jews for Justice for Palestinians, the young woman filed for conscientious objection but was turned down by the board. Sent to jail a first time, she was released and jailed again, and then jailed and released three more times. “The last military officer who sent me to jail told me that he was a member of the conscientious objection board,” says Kaminer. “He added that I had no chance of obtaining CO status and he would send me back to jail ‘for the rest of my life’ if I continued to resist.”

While serving her current sentence, Kaminer was given two weeks’ leave for the Jewish Passover, a national holiday in Israel. But upon leaving the military prison, she was told to return the next day. She chose to fully observe the two weeks’ leave and, instead of reporting to the prison as ordered, she stayed at home. “I am not ending my protest”, she insists. “I will return to the prison.” But she will have the IDF keep their word.

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Tair Kaminer

Kaminer is by no means the first Israeli conscript to refuse enlistment. The issue has been with the IDF since 1970, when a first Shministim movement was created, followed in 1982 by the Yesh Gvul “There is a Limit/Frontier” organization of reservists who refused to serve in the Lebanon War, and a surge of CO initiatives under the premiership of the hawkish former IDF general and Defense Minister, Ariel Sharon, in the early 2000s. The latest two IDF military campaigns against Gaza, “Cast Lead” in 2009 and “Protective Edge” in 2014, also resulted in more CO applications from young Israelis, as has the announced expansion of Israeli settlements on Palestinian land. As for today’s Shministim movement, it is comprised by an estimated 3,000 high school students.

This only makes it harder to understand why the IDF has proved so adamant about punishing Kaminer specifically, putting her in jail, as Johnny Hates Jazz sang, for “a murder (she) will not commit”.

In a country like Israel where such people as former Prime Ministers Ariel Sharon and Ehud Olmert died without being prosecuted for the gross human rights abuses committed under their command by, respectively, IDF proxies in Lebanon and the IDF proper in Gaza – and to date, the incumbent, Benyamin Netanyahu, remains immune from domestic or international prosecution over the IDF’s campaign on Gaza’s civilian population in 2014, there must be room for the honest refusal of war stated with courage by young people whose love for their country will not be turned into hatred of their neighbors.

Hopefully, Tair’s sacrifice of her own freedom will let the Israeli government see that, in the very words of Johnny Hates Jazz, “It’s time to forget and forgive” its COs at last.

Johnny Hates Jazz, “I Don’t Want to Be a Hero”

Bernard Henry is the External Relations Officer of the Association of World Citizens.

The Yemen Conflict: Solutions to an Unnecessary War

In Conflict Resolution, Current Events, Human Rights, International Justice, Middle East & North Africa, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on April 23, 2016 at 2:58 PM

THE YEMEN CONFLICT: SOLUTIONS TO AN UNNECESSARY WAR

By René Wadlow

 

During the Second World War, in the United States (U. S.) there was a government-sponsored publicity campaign to save automobile gas with the slogan “Is this trip necessary?” The aim was to show that if one really asked the question, many trips were not really necessary. We can ask the same question about wars today. In Yemen, is the Saudi-led war really necessary?

A new round of conflict-resolution meetings has started on April 20 in Kuwait, facilitated by the United Nations (UN) and led by Ould Cheikh Ahmed of Mauritania who had earlier been the UN humanitarian coordinator for Yemen and so knows the country and its many factions well. There was an exchange of prisoners at the start as a goodwill measure.

A four-step conflict resolution outline has been proposed by a number of governments and nongovernmental organizations (NGO), including the Association of World Citizens (AWC):

1) an immediate ceasefire ending all foreign military attacks;

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

3) a broad national dialogue;

4) through this dialogue, the establishment of an inclusive unity government.

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Smoke rises from a weapons dump outside Sanaa, the capital city of Yemen, after being hit in an airstrike. (C) Reuters

The title of the aggression of Saudi Arabia against Yemen changed its name from “Operation Decisive Storm” to “Operation Restoring Hope” probably on the advice of the public relations firm which advises the U. S. Pentagon on the names of its operations. Saudi bombing from the air of cities, hospitals and refugee camps, created a storm, but the results were in no way “decisive.” It is not likely that Saudi bombing will “Restore Hope.”

There is wide agreement in UN circles and among conflict-resolution NGOs that Yemen is a quagmire, with a free-fall of its economic and social infrastructure and with constant violations of the laws of war. The country is on the eve of a new division between the north and the south. Yemen’s present form dates from 1990 when south Yemen (Aden) was more or less integrated into the north, but the country remains highly fractured on tribal, sectarian, and ideological lines, with the tribal structures being the most important.

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(C) CTV News, Canada

Negotiations among the multitude of factions in Yemen will be difficult. The most likely pattern will be for the country to split into two again with each half having a number of relatively autonomous regions. In the best of worlds, one could envisage a federal Yemen with the rule of law. More realistically, we can hope that these autonomous tribal areas do not fight each other actively. On a short term basis, we can hope that there will be minimum cooperation among the factions to allow necessary food imports and medical supplies.

Poverty and the lack of a peaceful political horizon seem to be the continuing fate of Yemen, but violent internal conflict and Saudi aggression may not be permanent. With the start of negotiations, there is a role for NGOs to encourage the efforts in contacting organizations and individuals that might have a positive impact on events. There are many geopolitical and economic interests who want “peace” on their terms. Thus, our role as World Citizens seeking a relatively just compromise solution is ever more important.

Prof. René Wadlow is President and a representative to the United Nations, Geneva, of the Association of World Citizens.

UN-Designated Day for Developing Awareness of Human Trafficking

In Being a World Citizen, Children's Rights, Current Events, Human Development, Human Rights, International Justice, Social Rights, Solidarity, United Nations, Women's Rights, World Law on January 11, 2016 at 11:23 PM

International Day of Migrants: Need for a UN-led World Conference on Migration and Refugee Flows

In Being a World Citizen, Conflict Resolution, Current Events, Europe, Fighting Racism, Human Rights, Solidarity, The Search for Peace, United Nations, World Law on December 18, 2015 at 9:52 AM

INTERNATIONAL DAY OF MIGRANTS: NEED FOR A UN-LED WORLD CONFERENCE ON MIGRATION AND REFUGEE FLOWS

By René Wadlow

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December 18 was set by the United Nations (UN) General Assembly to call attention to the role of migrants in the world society. The date was chosen to mark the creation of the UN-negotiated International Convention on the Rights of All Migrant Workers and Members of their Families. The aim of the Convention was to insure that migrants and their families would continue to be covered by the human rights standards set out in the Universal Declaration of Human Rights, the Covenants, and other human rights treaties. In practice, migrants are often “between two chairs” − no longer of concern to the State they have left and not yet covered by the human rights laws of the State to which they have gone.

Ratifications of the Convention have been slow with a good number of governments making reservations that generally weaken the impact of the Convention. In 2004, a commission of independent experts was set up to study the reports to the UN of governments on the application of the Convention − a commission that is part of the Human Rights Treaty Body System. Reports from each government party to the Convention are to be filed once every four years. However, the discussions within the Migration Treaty Body and its subsequent report attract the attention of only a small number of people. However, the discussion deals with the report of only one government at a time while migration is always a multi-State issue and can have worldwide implications.

Moreover, many States consider that earlier International Labor Organization conventions deal adequately with migrant rights and see no need to sign a new convention.

Citizens of the world have stressed that the global aspects of migration flows have an impact on all countries. The changing nature of the world’s economies modify migration patterns, and there is a need to plan for migration as the result of possible environmental-climate changes.

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The current flow of migrants and refugees to Europe has become a high profile political issue. Many migrants come from areas caught up in armed conflict: Syria, Iraq, Yemen, Afghanistan, Somalia. The leaders of the European Union (EU) have been divided and unsure in their responses. Local solidarity networks that offer food, shelter, and medical care are overwhelmed. Political debates over how to deal with the refugees have become heated, usually with more heat than light. The immediacy of the refugee exodus requires our attention, our compassion, and our sense of organization.

EU officials have met frequently to discuss how to deal with the migrant-refugee flow, but a common policy has so far been impossible to establish. At a popular level, there have been expressions of fear of migrants, of possible terrorists among them, and a rejection of their cultures. These popular currents, often increased by right-wing political parties make decisions all the more difficult to take. An exaggerated sense of threat fuels anti-immigration sentiments and creases a climate of intolerance and xenophobia.

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Therefore, the Association of World Citizens, which is in consultative status with the UN, is calling for a UN-led world conference on migration and refugee issues, following earlier UN world conferences on the environment, food, housing, women, population, youth, human rights and other world issues. The pattern of such UN-led world conferences usually follows a common pattern: encouragement of research and data collection by UN agencies, national governments, nongovernmental organizations (NGOs), and academic institutions. Then regional meetings are held to study the regional dimensions of the issue. The regional conferences are followed by the world conference of government representatives with the participation of NGO delegates of organizations which hold consultative status. Usually there is also a parallel NGO conference with a wider range of NGOs present, especially those active at the local or national level. From such a world conference a plan of action is set to influence action by UN agencies, national governments, and NGOs.

Only a UN-led conference with adequate research and prior discussions can meet the challenges of worldwide migration and continuing refugee flows. There is a need to look at both short-term emergency humanitarian measures and at longer-range migration patterns, especially at potential climate modification impact. A UN-led world conference on migration can highlight possible trends and especially start to build networks of cooperation to meet this world challenge.

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

The Genocide Convention: An Unused But Not Forgotten Standard of World Law

In Being a World Citizen, Current Events, Fighting Racism, Human Rights, International Justice, United Nations, War Crimes, World Law on December 9, 2015 at 7:58 PM

THE GENOCIDE CONVENTION: AN UNUSED BUT NOT FORGOTTEN STANDARD OF WORLD LAW

By René Wadlow

On the anniversary of the 1948 Convention on Genocide, it is imperative to identify a relevant existing body – such as the Committee for the Elimination of Racial Discrimination (CERD) – to strengthen in order to be able to deal with the first signs of tensions, especially “direct and public incitement to commit genocide.”

December 9 is the anniversary of the 1948 Convention on Genocide, signed at the UN General Assembly held in 1948 in Paris. The Genocide Convention was signed the day before the proclamation on December 10, 1948 of the Universal Declaration of Human Rights. The two texts were much influenced by the Second World War. The crimes of Nazi Germany were uppermost in the minds of those who drafted the Genocide Convention in order to deal with a new aspect of international law and the laws of war. The cry was “Never again!”

The protection of civilians from deliberate mass murder was already in The Hague and Geneva Conventions of international humanitarian law. However, genocide is different from mass murder. Genocide is the most extreme consequences of racial discrimination and ethnic hatred. Genocide has as its aim the destruction, wholly or in part, of national, ethnic, racial or religious group as such. The term was proposed by the legal scholar Raphael Lemkin, drawing on the Greek genos (people or tribe) and the Latin cide (to kill) [1].

Genocide in the sense of a desire to eliminate a people has nearly always a metaphysical aspect as well as deep-seated racism. This was clear in the Nazi desire to eliminate Jews, first by forced emigration from Europe and, when emigration was not possible, by physical destruction.

The genocide of the Jewish people in Europe during World War II, carried out in such infamous places as the Auschwitz concentration camp pictured above, was the leading cause for the drafting and adoption of the UN Genocide Convention. The following day, the UN General Assembly also adopted the Universal Declaration of Human Rights.

The genocide of the Jewish people in Europe during World War II, carried out in such infamous places as the Auschwitz concentration camp pictured above, was the leading cause for the drafting and adoption of the UN Genocide Convention. The following day, the UN General Assembly also adopted the Universal Declaration of Human Rights.

We see a desire to destroy totally certain tribes in the Darfur conflict in Sudan that did not exist in the much longer and more deadly North-South Sudan Civil War (1956-1972, 1982-2005). Darfur tribes are usually defined by “blood lines” — marriage and thus procreation is limited to a certain population, either within the tribe or with certain other groups with which marriage relations have been created over a period of time. Thus children born of rape — considered ‘Janjaweed babies ‘— after the government-sponsored Janjaweed militias— are left to die or are abandoned. The raped women are often banished or ostracized. By attacking both the aged, holders of traditional knowledge, and the young of child-bearing age, the aim of the destruction of the continuity of a tribal group is clear.

We find the same pattern in some of the fighting in the eastern provinces of the Democratic Republic of Congo where not only are women raped but their sexual organs are destroyed so that they will not be able to reproduce.

As then UN Secretary-General Kofi Annan said at UNESCO in 1998,

“Many thought, no doubt, that the horrors of the Second World War − the camps, the cruelty, the exterminations, the Holocaust – could not happen again. And yet they have, in Cambodia, in Bosnia and Herzegovina, in Rwanda. Our time − this decade even − has shown us that man’s capacity for evil knows no limits. Genocide − the destruction of an entire people on the basis of ethnic or national origins − is now a word of our time too, a stark and haunting reminder of why our vigilance must be eternal.”

Mr. Nicodène Ruhashyankiko of the Sub-Commission on Prevention of Discrimination of Minorities wrote in his study of proposed mechanisms for the study of information on genocide and genocidal practices “A number of allegations of genocide have been made since the adoption of the 1948 Convention. In the absence of a prompt investigation of these allegations by an impartial body, it has not been possible to determine whether they were well founded. Either they have given rise to sterile controversy or, because of the political circumstances, nothing further has been heard about them.”

In a telegram sent from Paris in December 1948, Raphael Lemkin asked Ms. William Dick Sporberg, a member of the United States Committee for a United Nations (UN) Genocide Convention, to organize a cable campaign to persuade the United States Mission to the UN to support the adoption of the convention. Until the very last minute, no efforts were to be spared if the Genocide Convention was to come to existence and make the hopes of a whole generation traumatized by wide-scale extermination come true. (C) Google Cultural Institute/Center for Jewish History

In a telegram sent from Paris in December 1948, Raphael Lemkin asked Ms. William Dick Sporberg, a member of the United States Committee for a United Nations (UN) Genocide Convention, to organize a cable campaign to persuade the United States Mission to the UN to support the adoption of the convention. Until the very last minute, no efforts were to be spared if the Genocide Convention was to come to existence and make the hopes of a whole generation traumatized by wide-scale extermination come true. (C) Google Cultural Institute/Center for Jewish History

Article VIII of the Genocide Conventions provides that “Any Contracting Party may call upon the Competent Organs of the United Nations to take such action under the Charter of the UN as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III”. Unfortunately no State has ever done so.

Thus we need to heed the early warning signs of genocide. Officially-directed massacres of civilians of whatever number cannot be tolerated, for the organizers of genocide must not believe that more widespread killing will be ignored. Yet killing is not the only warning sign. The Convention drafters, recalling the radio addresses of Hitler and the constant flow of words and images, set out as punishable acts “direct and public incitement to commit genocide.” The Genocide Convention, in its provisions concerning public incitement, sets the limits of political discourse. It is well documented that public incitement − whether by Governments or certain non-governmental actors − including political movements − to discriminate against, to separate forcibly, to deport or physically eliminate large categories of the population of a given State because they belong to certain racial, ethnic or religious groups, sooner or later leads to war. Therefore, the Genocide Convention is also a constant reminder of the need to moderate political discourse, especially constant and repeated accusations against a religion, ethnic and social category of persons. Had this been done in Rwanda, with regard to the radio Mille Collines perhaps the premeditated and announced genocide could have been avoided or mitigated.

For the UN to be effective in the prevention of genocide, there needs to be an authoritative body which can investigate and monitor a situation well in advance of the outbreak of violence. As has been noted, any Party to the Genocide Convention (and most States are Parties) can bring evidence to the UN Security Council, but none has. In the light of repeated failures and due to pressure from non-governmental organizations, the UN Secretary-General has named an individual adviser on genocide to the UN Secretariat. However, he is one adviser among many, and there is no public access to the information that he may receive.

Therefore, a relevant existing body must be strengthened to be able to deal with the first signs of tensions, especially “direct and public incitement to commit genocide.” The CERD created to monitor the 1965 International Convention on the Elimination of All Forms of Racial Discrimination would be the appropriate body to strengthen, especially by increasing its resources and the number of UN Secretariat members which service CERD. Through its urgent procedures mechanisms, CERD has the possibility of taking early-warning measures aimed at preventing existing strife from escalating into conflicts, and to respond to problems requiring immediate attention. A stronger CERD more able to investigate fully situations should mark the world’s commitment to the high standards of world law set out in the Genocide Convention.

Prof. René Wadlow is President and a representative to the United Nations Office at Geneva of the Association of World Citizens (AWC) and editor of Transnational Perspectives.

Notes

  1. Raphael Lemkin. Axis Rule in Occupied Europe (Washington: Carnegie Endowment for World Peace, 1944)
  2. For good overviews see: Walliman and Dobkowski (Eds) Genocide and the Modern Age (New York: Greenwood Press, 1987), F. Chalk, K. Jonassohn. The History and Sociology of Genocide (New Haven: Yale University Press, 1990), G. J. Andreopoulos (Ed) Genocide: Conceptual and Historical Dimensions (Philadelphia: University of Pennsylvania Press, 1994), Samantha Power A Problem from Hell: America and the Age of Genocide (New York: Basic Books, 2002), John Tirman, The Death of Others (New York: Oxford University Press, 2011), William Schabas, Genocide in International Law (Cambridge: Cambridge University Press, 2000)

Crossing Cultural and Linguistic Boundaries: International Volunteer Day

In Being a World Citizen, Current Events, Environmental protection, Human Development, Solidarity, The Search for Peace, United Nations, World Law on December 5, 2015 at 5:45 PM

CROSSING CULTURAL AND LINGUISTIC BOUNDARIES: INTERNATIONAL VOLUNTEER DAY
By René Wadlow

Founded on the values of solidarity and mutual trust, volunteerism transcends all cultural, linguistic and geographic boundaries. By giving their time and skills without expectations of material reward, volunteers themselves are uplifted by a singular sense of purpose.
-Ban Ki-moon, Secretary-General of the United Nations.

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December 5 was selected as the International Volunteer Day by a 1985 UN General Assembly resolution. This year, December 5 comes as government representatives and volunteers of nongovernmental organizations (NGOs) are meeting in Paris to develop a new international climate agreement, COP 21. The NGO representatives are fewer in number than originally planned due to the November 13 shootings in Paris and thus tightened security conditions. However, those that are present are doubly active as world media attention is focused on the conference and its outcome.

In practice, as with all major UN conferences, negotiations among governments have been going on for two years with a good deal of input from NGO representatives. At the Paris stage, there is a preliminary “Final Document and Action Plan” of some 30 pages with a good number of square brackets around words or sentences on which there is no agreement. Negotiations concern making the document shorter so that the main ideas will stand out better and to remove square brackets. If a suitable word is not found, often the whole sentence will be dropped.

Both government representatives and NGOs are discussing post-Paris action and coalition building. There is also a concerted effort to bring the business community, especially transnational corporations into the action. While the UN system has a structure of consultative status for NGOs through the Economic and Social Council, the world of business is largely not represented. Only the International Labor Organization with its headquarters in Geneva has a three-party membership: governments, trade unions and business associations from each of the member States. The business world is not really a “voluntary association” in the sense of NGOs. Material reward is an important element in business.

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COP 21 is a prime example of the need for cooperative action at the local, national and world level. As has been often said, the climate does not recognize national frontiers. The relations among ecologically-sound development, security, conflict resolution and respect for human rights have now assumed a more dynamic form than at any other time since the creation of the United Nations in 1945. To meet these strong challenges, NGOs, academic institutions, business and professional associations and the media must work together cooperatively. International Volunteer Day can serve as a time of reflection on capacity building and improved networking.

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