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Release Razan Zaitouneh!

In Current Events, Human Rights, International Justice, Middle East & North Africa, Uncategorized, United Nations, War Crimes, World Law on December 19, 2013 at 1:37 PM

-- AWC-UN Geneva Logo --

CITIZENS OF THE WORLD CALL FOR THE RELEASE OF ATTORNEY RAZAN ZAITOUNEH AND OTHER HUMAN RIGHTS DEFENDERS CAPTURED IN WAR-TORN SYRIA

Paris & Geneva, December 19, 2013

The Association of World Citizens (AWC) calls for the immediate release of Ms. Razan Zaitouneh, a Syrian human rights lawyer, and three other Human Rights Defenders (HRDs) – Mr. Wael Hamada, Mr. Nazem Hamadi, and Ms. Samira Khalil, who were kidnapped by unknown assailants ten days ago.

On December 9, 2013, the four HRDs were abducted by masked armed men and taken to unknown whereabouts from the premises of the Center for Documenting Human Rights Violations in Syria, located in Douma.

Ms. Razan Zaitouneh has tirelessly defended the rights of political prisoners in Syria. When the revolution, initially a nonviolent one, started in 2011 she founded the “local coordination committees”. That year she received the Anna Politkovskaya award “RAW (Reach All Women) in WAR”.

Also active as a journalist, Ms. Razan Zaitouneh has been monitoring and reporting war crimes and human rights violations in Syria. Earlier this year she received the International Women of Courage Award for her outstanding work and efforts.

Since December 9 no one has claimed responsibility for the abduction, which took place in a zone where all parties to the conflict are represented, making it impossible to know for sure who the kidnappers were working for.

The one thing we know for sure is that, whoever they are, the kidnappers committed a war crime by deliberately abducting civilians in a context of armed conflict, especially HRDs who are specially protected under international human rights law.

Consequently, the AWC demands the immediate release of the four Syrian HRDs.

The day that Ukraine ended the Cold War

In Current Events, Democracy, Europe, The former Soviet Union on December 14, 2013 at 10:38 AM

THE DAY THAT UKRAINE ENDED THE COLD WAR

By Bernard Henry

Along with Thailand, Ukraine has gotten the attention of the world’s media due to the nonviolent demonstrations for democracy in its capital lately. The Ukrainian President, Viktor Yanukovych, once Ukraine’s Prime Minister under authoritarian leader Leonid Kuchma, has come under fire for turning his back on the European Union and favoring instead closer ties with Moscow.

In 2004 Yanukovych had been opposed in the presidential ballot by Viktor Yushchenko, who had previously been Prime Minister too as the leader of an opposition alliance. With his face ravaged by an attempt at dioxin poisoning by agents of the Kuchma regime, Yushchenko was defeated at the polls but persistent allegations of fraud in favor of the Yanukovych camp prompted the Ukrainian people to take to the streets in what became known as the Orange Revolution. After an unprecedented three rounds of vote, Yushchenko finally won the presidency by a slight margin. Sworn in as President in January 2005, Yushchenko gradually turned his presidency into a mere sequence of revenge against both his opponents and his Orange Revolution allies, such as his iconic one-time Prime Minister Yulia Tymoshenko. Eventually, it was Yanukovych who got his revenge when in 2010 Yushchenko was shut out in the first round of the presidential election and Yanukovych won.

Seeing the country caught in such a vicious circle of political authoritarianism and uprising would almost make the world forget that, twenty-two years ago, it was the President of Ukraine who put the last nail in the coffin of the Soviet Union, thus ending the Cold War for good.

After the Orange Revolution took to power the opponent Viktor Yushchenko, who had barely escaped with his life after a dioxin poisoning attempt, Ukraine had a chance to make history once again.  Unfortunately, the one-time dissident turned authoritarian and rendered his own victory without purpose, so much so that he too was evicted from power by his own people.

After the Orange Revolution took to power the opponent Viktor Yushchenko, who had barely escaped with his life after a dioxin poisoning attempt, Ukraine had a chance to make history once more.
Unfortunately, the one-time dissident turned authoritarian and rendered his own victory without purpose, so much so that his own people eventually had to evict him from power too.

In December 1991 Ukraine was a republic within the Union of Soviet of Socialist Republics, therefore not a sovereign state – although, oddly enough, Ukraine and Bielorussia, known today as Belarus, did have a seat at the United Nations alongside the Soviet seat. After the coup in August that year in which Communist hardliners almost removed reformist President Mikhail Gorbachev from power, the Union as its people had known it thus far found itself considerably weakened in many aspects.

Soon after the failed coup, the very communist system started to crumble. Article 6 of the Soviet Constitution, which made the Communist Party the central element of the state, was abolished. Gorbachev himself resigned from the Party, thus becoming the first-ever non-communist leader of a Soviet Union which was now down from fifteen to twelve republics. And that was only a beginning.

Gorbachev, who in December 1990 had violently repressed the declarations of independence of the three Baltic republics – Lithuania, Latvia, and Estonia, granted immediate independence to the three states which had been invaded by the Soviet Union during World War II. As for similar claims coming from others, though, Gorbachev stated clearly that those would never be granted.

On the contrary, Gorbachev was adamant that his very own plans for the country should be implemented come what may. Yet apart from the Muslim republics of the south, such as Kazakhstan, Azerbaijan and Uzbekistan, no one in the Union was supporting Gorbachev any longer. Russia’s President, Boris Yeltsin, who had risen to glory by leading the resistance against the August coup, was emerging of a natural leader of the breakaway movement.

Gorbachev had been campaigning for a “Treaty of the Union” which was to completely redesign the Soviet Union, very much in line with the perestroika (inner transformation) which he had advocated since his accession to power in 1985 after the death of Konstantin Chernyenko. With the treaty in force, the twelve republics were to become all but independent, the USSR becoming more like a confederation with little central powers left. No wonder the old guard didn’t like it. But now that his enemies were no longer a threat Gorbachev was determined to push for a wide adoption of the Treaty.

To achieve this goal, Gorbachev knew that without Russia on his side now, he desperately needed the support of the Soviet Union’s second leading republic – Ukraine, where a presidential election was planned for December 5. In the once single-party state that the Soviet Union had been, several candidates were now allowed to run for president in each of the republics. The Ukrainian election would see several rival factions compete for the presidency, among which the communist hardliners, Gorbachev’s own camp, and the chairman of Ukraine’s Supreme Soviet, Leonid Kravchuk. After the August coup Kravchuk, aged 57, had resigned from the Communist Party and declared Ukraine independent from the Soviet Union. Along with Yeltsin and Bielorussia’s President, Stanislaw Chukchievich, Kravchuk was ready to declare the death of the Soviet Union. Yet Gorbachev still hoped that Kravchuk would, if elected, sign the Treaty of the Union and have Ukraine rejoin a widely-reformed Soviet Union.

On December 5, 1991 Kravchuk won the election and immediately dozed Gorbachev’s hopes by stating that he would not sign the Treaty of the Union and Ukraine was now a sovereign state for good. Three days later Yeltsin, Chukchievich, and Kravchuk signed the Belavezha Accords, declaring the Soviet Union dissolved and replacing it with a Commonwealth of Independent States (CIS).

With a Union now comprised only by the southern Muslim republics, although the leaders of many of them had actually supported the failed coup against him, Gorbachev was forced to admit that the country he hoped to reform had now just died. On December 21 the Communist Party of the Soviet Union was banned and on December 25 Gorbachev resigned from the Soviet presidency, adding in a live television address that the Soviet Union had “ceased to exist as a subject of international law”. The Minsk-based CIS took over and Russia was recognized abroad as the legitimate successor to the Soviet Union.

On December 8, 1991 Presidents Chukchievich of Bielorussia, Yeltsin of Russia, and Kravchuk of Ukraine (not pictured) signed the Belavezha Accords which effectively put an end to the existence of the Soviet Union and replaced it with the Commonwealth of Independent States. If it hadn't been for Ukraine and President Kravchuk, none of this would have been possible.

On December 8, 1991 Presidents Chukchievich of Bielorussia, Yeltsin of Russia, and Kravchuk of Ukraine (not pictured) signed the Belavezha Accords which effectively put an end to the existence of the Soviet Union and replaced it with the Commonwealth of Independent States, thus formally ending the Cold War.
If it hadn’t been for Ukraine and President Kravchuk none of this would have been possible.

Had Ukraine decided instead to support Gorbachev and sign the Treaty of the Union, history could have taken quite a different turn. Several leaders of the southern Muslim republics, such as Uzbekistan’s Islam Karimov, had supported the August 1991 coup against Gorbachev. Had he been forced to do with a downgraded union with several regional leaders openly seeking a return to the Stalin-era ways, Gorbachev likely would not have stood a second coup or a rally of hardliner leaders against him, leaving a weakened newly-independent Russia and its allies in Bielorussia and the Baltic republics hardly armed enough to face a nine-member Union poised to restore the old order by any means necessary.

As Ukraine grapples once again with democracy and rights issues today, its leaders on both sides certainly ought to take pride if only in this one thing – it is their country that saved the world from a possible Third World War, nuclear or not, by making it possible for Russia and its supporters to put an end to a Soviet Union which had failed to meet the challenges of history.

Bernard Henry is External Relations Officer of the Representative Office to the United Nations in Geneva of the Association of World Citizens.

Nelson Mandela and the Struggle for Universal Human Rights

In Africa, Anticolonialism, Being a World Citizen, Current Events, Fighting Racism, Human Rights, International Justice, The Search for Peace, Uncategorized, World Law on December 10, 2013 at 12:43 PM

NELSON MANDELA AND THE STRUGGLE FOR UNIVERSAL HUMAN RIGHTS

By René Wadlow

 

It is appropriate that a major part of the commemoration for Nelson Mandela should fall on December 10, the anniversary of the Universal Declaration of Human Rights. Mandela was both a major actor in developing human rights in South Africa and a symbol of the worldwide struggle for the respect of human rights.  Pressure from human rights groups worldwide played an important part in his release from prison in 1990 as well as bringing an end to the deeply entrenched system of apartheid that enforced racial segregation in every aspect of South African life.

The efforts on the part of the Afrikaner-led National Party Government to enforce apartheid and to prevent opposition had led to many violations of human rights in South Africa: limits on press and expression, on the freedom of association, and the right to fair trial. Therefore, the dismantling of the apartheid system was a necessary pre-requisite for the establishment of the rule of law and respect for human rights.

Nelson Mandela led the efforts to end apartheid, a victory without the blood bath that so many had predicted and feared. He led on the path of constructive reconciliation and an inclusive society.

There is still much to do to develop equality of opportunity in South African society.  Years of discrimination, of lack of education and training, of lack of access to resources leave deep structural divides.  However, much has been undertaken, and South Africa has the potential to be an economic and political leader in Africa.

Nelson Mandela is an example of courage and conviction to secure human rights, both in his own country and worldwide, an example of the long and continuing efforts needed for human freedom.

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

 

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J’étais là

In Being a World Citizen, Current Events, Fighting Racism, Human Rights, Solidarity on December 2, 2013 at 11:24 AM

J’ETAIS LA

Par Bernard Henry

Samedi 30 novembre 2013. Me voici de retour chez moi à Suresnes. Je viens de participer à la Grande Marche contre le Racisme organisée à Paris par un certain nombre d’associations, dont Amnesty International avec laquelle j’ai moi-même marché.

On nous avait dit de ne pas aller marcher à Paris, car cette marche ne serait qu’une manœuvre de diversion du Parti Socialiste pour cacher les mauvais résultats de l’action du Gouvernement. On nous avait encore dit, du côté du Front National et des islamistes, extrêmes qui comme toujours se rejoignent, qu’il était « inutile » d’aller ainsi marcher – comme quoi il est toujours « utile », en tout état de cause, de se demander à qui profite le crime, en l’occurrence le racisme.

Moi-même, j’étais sollicité pour deux autres événements aujourd’hui, et avec la marche, cela m’en faisait trois parmi lesquels il me fallait choisir.

Je n’ai pas choisi, tout au long de mon existence, de subir des injures et des attaques sur le fait que je sois handicapé, ou que je sois juif, ou que je sois d’origine étrangère (du côté maternel, ce qui explique mon nom français car seul mon père l’était). Celle que j’aime, ses enfants d’une précédente union et nombre de mes ami(e)s n’ont pas choisi non plus de subir les mêmes choses parce que leur peau est plus mate, leur nom plus difficile à prononcer et leur appétit mis entre parenthèses en journée pendant un mois chaque été.

De même, Christiane Taubira, Ministre de la Justice, Garde des Sceaux, ne s’est vue laisser aucun choix lorsque d’aucuns l’ont comparée à un animal parce qu’elle a la peau noire, si courageux de leurs idées qu’ils ont parfois envoyé le faire à leur place leurs enfants dont ils ont ainsi pollué l’esprit. Même les Nations Unies ont condamné ces attaques contre elle[i].

Dans l’émission Envoyé Spécial de France 2, une candidate investie pour les prochaines municipales par le Front National, parti français d’extrême droite, a montré avec fierté un odieux montage photo de sa composition dans lequel elle compare la Ministre française de la Justice à un singe parce qu’elle est de couleur noire.

Dans l’émission Envoyé Spécial de France 2, une candidate investie pour les prochaines municipales par le Front National, parti français d’extrême droite, a montré avec fierté un odieux montage photo de sa composition dans lequel elle compare la Ministre française de la Justice à un singe parce qu’elle est de couleur noire.

Il n’était donc qu’un seul endroit où je pouvais et devais me trouver aujourd’hui, et cet endroit, c’était l’espace qui sépare la Place de la République de la Place de la Bastille à Paris, cet espace qui a accueilli la Grande Marche contre le Racisme.

Abraham Lincoln, le Président des Etats-Unis qui a aboli l’esclavage dans son pays, ayant payé de sa vie son courage politique, a dit un jour : « On peut tromper quelques personnes pendant quelques temps ; on peut tromper tout le monde pendant quelques temps ; mais on ne peut pas tromper tout le monde tout le temps ».

En matière de lutte contre le racisme, Lincoln reste une référence dans l’histoire américaine et mondiale. Si les Etats-Unis ont cessé de prendre pour acquis qu’un être humain pouvait être la propriété d’un autre en raison de sa seule couleur de peau, c’est grâce à lui.

Dans l’opinion publique française, les discours racistes ont acquis au cours des derniers mois une popularité inquiétante. Mais la résistance existe et n’a pas peur de s’afficher.

Dans l’opinion publique française, les discours racistes ont acquis au cours des derniers mois une popularité inquiétante. Mais la résistance existe et n’a pas peur de s’afficher.

Aujourd’hui, la France connaît à nouveau, comme avant la Seconde Guerre Mondiale puis dans les années 1950, une montée de l’insanité raciste et des agressions envers celles et ceux qui ne ressemblent pas à la majorité. La Grande Marche contre le Racisme de cet après-midi a démontré que la population n’était pas unanime, loin s’en faut, à suivre ce mouvement de folie.

Elle réagit. Nous réagissons, toutes et tous ensemble. Nous disons non au racisme, non à la fatalité historique qui vouerait la France à la haine de l’autre. Mais pour capital qu’il était d’y prendre part, cette marche n’est en tout et pour tout qu’un instant. Elle n’est pas une finalité.

C’est chaque jour qu’il faut agir, c’est ensemble qu’il faut agir. C’est ainsi que les tenants de la haine comme instrument politique finiront par comprendre que leurs intrigues ne seront pas couronnées de succès.

C’est ce qu’avait compris, cent ans après Lincoln aux Etats-Unis, Martin Luther King, lui aussi assassiné parce qu’il voulait mettre fin au racisme dans son pays. Le Révérend savait combien l’inaction, le renoncement, le fatalisme étaient nuisibles à la lutte contre le sectarisme et l’injustice. Parmi ses nombreuses maximes passées à la postérité, il y a celle-ci :

« A la fin, nous nous souviendrons non pas des mots de nos ennemis, mais des silences de nos amis. »

« On ne peut pas continuer comme ça », ai-je entendu Geneviève Garrigos, Présidente d’Amnesty International France, déclarer à une journaliste de BFM TV. J’étais là. Je l’ai entendue le dire à deux mètres de moi. J’étais là, quand d’autres l’auront entendue plus tard à la télévision. Si par bonheur, Geneviève les a convaincus, qu’ils passent à l’action à leur tour, sans quoi encore plus tard, peut-être, sera trop tard.

Bernard Henry est Officier des Relations Extérieures du Bureau de Représentation auprès de l’Office des Nations Unies à Genève de l’Association of World Citizens.


The UN and the Disappearing State of the Central African Republic

In Africa, Anticolonialism, Conflict Resolution, Current Events, Democracy, Human Rights, International Justice, The Search for Peace, United Nations, War Crimes, World Law on November 22, 2013 at 10:36 AM

THE UN AND THE DISAPPEARING STATE OF THE CENTRAL AFRICAN REPUBLIC

By René Wadlow

In a November 19, 2013 statement to the United Nations (UN) Security Council, the Secretary General, Mr. Ban Ki-moon, warned that communal violence in the Central African Republic (CAR) was spiraling out of control and backed the possibility of an armed UN peacekeeping force to complement the civilian UN staff, the Integrated Peacebuilding Office in the Central African Republic (BINUCA).

The UN faces a double task in the CAR. There is the immediate problem of violence among tribal-based militias in the absence of a national army or central government security forces. The militias basically pit the north of the country against the south. In addition, there are other militias from the Democratic Republic of the Congo which use the CAR as a “safe haven” and live off the land by looting villages. There are also segments of the Lord’s Resistance Army, largely from the Acholi tribes of northern Uganda who also use the CAR as a safe area looting as they move about.

In the absence of a standing UN peacekeeping force, UN peacekeepers would have to be redeployed from the eastern areas of the Democratic Republic of Congo, an area also torn apart by fighting among different militias and an incompetent Congolese national army. Although the UN forces have been in the Congo for a number of years, it is only in the last couple of months that they have had a mandate to be active in a military way and have started to make an impact on the security situation. By deploying UN troops away from the Congo, there is a danger that the security progress made will fade away.

The longer range task of the UN, the peacebuilding effort, is to create a national administration which provides services beyond the capital city, Bangui. This is the aim of the BINUCA, but its work is largely impossible in the light of the ongoing violence. The challenge is “State-building” which was not done during the colonial period by France.

The area covered by the current State had no pre-colonial common history, but was incorporated into French Equatorial Africa when it could have been as easily part of the Belgium Congo or added to Uganda as part of British East Africa.

Oubangui-Chari as it was then known was the poor cousin of French Equatorial Africa (AEF) whose administrative center was Brazzaville, Congo, with Gabon as the natural resource base. The Cameroon, although legally a League of Nations Mandate, was basically part of AEF. Oubangui-Chari was used as an “exile post” for African civil servants considered “trouble makers”. French colonial administrators also considered Oubangui-Chari as a posting in exile, a place to get away from as soon as possible. Schools were few, and secondary school students were sent away to Brazzaville.

There was only one political figure of standing who emerged from Oubangui-Chari, Barthelemy Boganda (1910-1959). He was the first Roman Catholic priest ordained in 1938. After the Second World War, he was elected to serve in the French Parliament as a member of the Catholic-influenced MRP Party, although he was stripped of his priesthood for going into politics and also for marrying his legislative assistant.

Boganda advocated keeping the AEF together as a federation of independent States knowing that Oubangui-Chari was the poorest of the AEF States and most in need of help from its neighbours. Unfortunately, he was killed in a plane crash on the eve of independence, and with him disappeared all enlightened leadership.

However, his stature in the political life of Oubangui-Chari was such that political power passed on to two cousins, David Dacko, first President of the independent Central African Republic and then Jean-Bedel Bokassa in 1965 who changed the name of the country to Central African Empire and ruled (or misruled) as Bokassa 1er. His dreams of being a new Napoleon was ended in 1979 by a French military intervention after Bokassa had too visibly killed young school children who were protesting.

Jean-Bedel Bokassa aka Bokassa the First, the man who would be emperor – even if it meant reigning over scorched earth.

Jean-Bedel Bokassa aka Bokassa the First, the man who would be emperor – even if it meant reigning over scorched earth.

Since Bokassa, all pretext of a unified administration has disappeared. General Kolingba, Ange-Felix Patassé, followed by Francois Bozizé were considered “Head of State”, but the State had no visible administration. Bozizé was overthrown in March 2013 by Michel Djotodia and his Seleka (alliance in the Sango language) militia. The Alliance has now been dissolved by Djotodia but replaced by nothing. A fact-finding mission sent by the UN Human Rights Council concluded that “both the forces of the former government of President Bozizé and the non-State armed group Seleka committed serious violations of international humanitarian law and international human rights law during the conflict”.

Creating order from disorder is a difficult task, especially as the pre-colonial tribal structures no longer function. There were very few inter-tribal mechanisms to settle disputes in any case. The State-building process merits close attention. Somalia remains a good example of the difficulties. The UN faces real challenges in the Central African Republic and requires help from national governments and NGOs.

Politically, Africa has always been a continent of many dramas. Hopefully, if the international community finally decides to take quick, decisive action at last, the Central African Republic will not be just another name on the list.

Politically, Africa has always been a continent of many dramas. Hopefully, if the international community finally decides to take quick, decisive action, the Central African Republic will not be just another name on the list.

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

Is the UN Trying to Legalize Prostitution Worldwide?

In Current Events, Human Rights, International Justice, United Nations, Women's Rights, World Law on October 15, 2013 at 7:13 PM

IS THE UN TRYING TO LEGALIZE PROSTITUTION WORLDWIDE?

By Bernard Henry

In February 2012 Claude Guéant, the then Minister of Interior of France, caused a stir in the country by stating that “Not all civilizations are equal”, adding that one of the yardsticks against which a society could be viewed as “civilized” was “the subservience of women”[i].

For months, Guéant had spoken out almost obsessively against Islam, even branding all of France’s Muslim population “a problem” once. That latest statement was thus just another attack on a community heavily targeted by Guéant’s party, the Union for a Popular Movement (UMP), to attract voters from the anti-Muslim extreme right National Front. Eventually, President Nicolas Sarkozy and the UMP were defeated at the polls in May 2012 by Socialist Party candidate François Hollande. As for the National Front, it scored a historic 17% and was able to deprive Sarkozy of its much-needed support for the second round.

Guéant’s statement was nonsensical in many ways, not least because the subservience of women is anything but a matter of allegedly unequal civilizations. As the Charter of the United Nations has provided from the very start, and as was recalled by the Beijing Conference in 1995, women’s rights are by essence a global issue, never to be rescinded because of cultural or other differences between societies.

Then, just what is to be deducted from the proposal by two United Nations (UN) agencies to simply legalize, throughout the world, prostitution and everything that goes with it?

This is not a joke. In a September 20 appeal to the UN leadership[ii], the New York-based women’s rights organization Equality Now expressed concern about the recommendations contained in the Global Commission on HIV and the Law’s report HIV and the Law: Risks, Rights and Health (2012), published by the United Nations Development Program (UNDP), and the report Sex Work and the Law in Asia and the Pacific (2012), backed by the UNDP, the United Nations Population Fund (UNFPA) and the Joint United Nations Program on HIV/AIDS (UNAIDS).

In these two reports, Equality Now wrote, the UN agencies tell Member States that “in order to support efforts to reduce HIV/AIDS and to promote the human rights of people in prostitution, all aspects of the commercial sex industry should be decriminalized, including pimping, brothel-keeping and the purchase of sex”. The organization denounces these recommendations as being “in direct opposition to international human rights standards,” adding that these “also largely ignore the experiences and views of survivors of prostitution and sex trafficking.”

Direct opposition to human rights standards is right. When it comes to women’s rights, the international legal instrument of reference is the UN’s own Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). And CEDAW’s Article 6 provides, “States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women.” Not quite what the two reports suggest, indeed.

Besides the letter of the law, evidence on the ground, too, does not seem to support the UN agencies’ claims. As Equality Now further recalls, “[I]n 2000 Nongovernmental Organizations and sex trafficking survivors worked to ensure that the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (the “UN Trafficking Protocol”) defined trafficking to reflect the wide variety of sex trafficking survivors’ experiences”.

The UN Trafficking Protocol’s definition, Equality Now stresses, was the result of years of discussion and negotiation by countries and reflects a carefully drawn political consensus that should not be challenged by UN agencies. Yet the two reports disturbingly recommend revising and narrowing the definition. Should this recommendation be adopted, many victims would lose all chances of being recognized as victims of sex trafficking and their traffickers would now enjoy legal impunity for their crimes.

Sex trafficking and prostitution – two scourges that would soon be gone if there were no buyers in the first place. So why is the United Nations calling for the removal of domestic laws that make them illegal?

Sex trafficking and prostitution – two scourges that would soon be gone if there were no buyers in the first place. So why is the United Nations calling for the removal of domestic laws against them?

Ironically, in a report issued in September, UNDP, UNFPA, UN Women and UN Volunteers actually established a direct link between rape perpetration and the purchase of commercial sex, noting that both stem from gender inequality. So why are UNDP and UNFPA now advocating the decriminalization of prostitution – and accordingly the inherent decriminalization of rape?

When it comes to protecting the rights of people in prostitution, including the right to health – especially to protection from HIV – safety and freedom from violence and exploitation, throwing in the towel and letting both pimps and customers walk away with their dirty business is obviously not the way.

On September 30 the AWC issued an appeal to the UN, in line with Equality Now’s own recommendations, urging the World organization to clarify its position on the decriminalization of prostitution in all its aspects and ensure that the future development of policies and programs affecting people in the commercial sex industry includes the views of survivors and groups working on the issue.

In the Preamble to the UN Charter, “[T]he peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women”. There can be no equality between human beings when a man can officially buy another man as a slave, all right. Now what kind of equality can there be between a man and a woman when the latter can officially be rented for sex? We would very much like an answer.

Bernard Henry is the External Relations Officer of the Representative Office to the United Nations in Geneva of the Association of World Citizens.

 


[i] Al Jazeera, « Sarkozy ally says all civilisations not equal », February 5, 2012.

World Citizens Call for a Ceasefire and Renewed Good-faith Negotiations by All Parties in Syria

In Conflict Resolution, Current Events, Middle East & North Africa, The Search for Peace, United Nations, World Law on September 9, 2013 at 10:55 PM

WORLD CITIZENS CALL FOR A CEASEFIRE AND RENEWED GOOD-FAITH NEGOTIATIONS BY ALL PARTIES IN SYRIA

By René Wadlow

World Citizens have called for good-faith negotiations among all the parties from the start of the demonstrations in March 2011 which had begun in a spirit of non-violence. Neither the Government nor the oppositions were willing to set an agenda or a timetable for such good-faith negotiations. The Government held out vague promises for reform but without details and without open discussion among those concerned. As the fighting has escalated, the possibility of good-faith negotiations has increasingly faded, despite efforts by the United Nations (UN) mediators to facilitate such negotiations.

Discussion of specific issues for reform or setting an overall agenda seems impossible for the moment.  However, there is a growing awareness that there is a dangerous stalemate and that there is no military “solution”. It is often at this “stalemate” stage of a conflict that the parties turn to a negotiated compromise.[i]  The dangers of a wider conflict with more States involved are real. Thus the situation requires careful concerted action.

The use of chemical weapons in violation of the 1925 Geneva Protocol (by government forces or by the armed opposition) has added an additional element of danger but not modified the stalemated structure of the conflict.

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Therefore, the Association of World Citizens (AWC) calls upon the Syrian Government, armed opposition, and representative associations of Syrians to initiate a ceasefire followed quickly by good-faith negotiations.

The AWC calls upon all other States to refrain from arming or in other ways strengthening the military capacities of the Government’s armed forces and the armed forces of the armed oppositions.  Other States should, through the UN and through other institutions, encourage good-faith negotiations.

The AWC calls upon Nongovernmental Organizations, both Syrian and international, to facilitate the transition from the ongoing violence to a situation conducive to creative dialogue.

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


[i] See: Louis Kriesberg and Stuart Thorson (Eds), Timing the De-Escalation of International Conflicts (Syracuse University Press, 1991)

Syria: Chemical Weapons and Restraints in War

In Current Events, International Justice, Middle East & North Africa, United Nations, War Crimes, World Law on August 31, 2013 at 3:21 PM

SYRIA: CHEMICAL WEAPONS AND RESTRAINTS IN WAR

By René Wadlow

There was a recent political drawing in the International Herald Tribune which showed high piles of skulls with signs on them which said “Killed by Assad’s Machine Guns”, “Killed by Assad’s Tanks” and two men with the two letters “UN” on their coats saying “If they really were killed by chemical weapons we’ll have to stop Assad.”

The accusations of the recent use of chemical weapons (CWs) in the Syrian conflict has led to a United Nations (UN) investigation as well as discussions at the UN and in national capitals as to the appropriate response to what has been called “a clear violation of international norms.” Yet there has been little discussion of why chemical weapons are prohibited and not tanks, and machine guns which in practice have killed many more people in Syria. To be more accurate, the drawing should have also shown piles of skulls with signs saying “Killed by armed opposition machine guns, snipers etc”.

A short review of the prohibitions on the use of chemical weapons, the UN response, and the use of chemical weapons in conflicts in the Middle East may be useful as background to a discussion of appropriate responses.

I had been active in 1975 with some other Geneva-based representatives of Nongovernmental Organizations (NGOs) in highlighting the fiftieth anniversary of the 1925 Geneva Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or other Gases, and of Bacteriological Methods of Warfare which is the core treaty on the prohibition on the use of chemical weapons. We were encouraging states to ratify the Protocol, in particular the French-speaking African states which were not covered by the original signature of the Protocol by France even though France was the Depository Power for the treaty. The Protocol is, in fact, an international treaty. It is called a protocol because it was to have been a protocol — an attachment — to a disarmament treaty never completed within the League of Nations. We were also proposing that there be some sort of investigation – dispute settlement mechanism integrated into the Protocol along the lines then being discussed in Geneva concerning what was to become the Convention on the Prohibition of Military or any Other Hostile Use of Environmental Modification Techniques (Enmod Convention) which came into force in 1978 and has an innovative mechanism for a Committee of Experts to investigate complaints.

However, in 1968, governments had begun discussing a more comprehensive ban on chemical weapons in what was then the main UN arms control body — the Eighteen-Nation Disarmament Conference. In the UN, when negotiations are not fruitful, the practice is to add more states to the body and to change the name. Thus the Eighteen-Nation Conference became the Conference of the Committee on Disarmament (1969-1979), the Committee on Disarmament (1979-1984) and the Conference on Disarmament from 1984 until today. After nearly 30 years of negotiations a far-reaching Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (Chemical Weapons Convention) came into force in 1997, and an Organization for the Prohibition on Chemical Weapons with a sizeable Secretariat was created in The Hague. Syria is not a party to the Convention, but it is to the 1925 Geneva Protocol.

Thus, in 1975, few governments were interested in strengthening the 1925 Geneva Protocol, hoping for a speedy conclusion of the broader CW treaty. However when in the late 1970s there were serious accusations of the use of chemical agents in the on-going conflict against the Hmong in Laos — the Yellow Rain accusations — I presented a paper distributed to the members of the Commission on Disarmament (the only ways NGOs could participate directly in the disarmament discussions) “The Strengthening of the 1925 Geneva Protocol Against Poison Gas as an Interim Step Toward a Broader Chemical Weapons Ban” (April 22, 1980). The text led to a number of private discussions with the diplomats but to no specific action.

My text did, however, build a “profile” for my concern with investigating chemical weapon use and thus for my early efforts for a UN investigation of chemical weapon use in the 1980-1988 Iraq-Iran War.

CWs had been used by the Egyptian forces in their support of the republican forces in the Yemen Civil War (1962-1967). Although Egypt had signed the 1925 Geneva Protocol in 1928, its forces used them widely in Yemen. Investigations were carried out by the International Committee of the Red Cross (ICRC) who said that it was “extremely disturbed and concerned by these methods of warfare which are absolutely forbidden by codified international and customary law.” However, the ICRC is extremely cautious in commenting publicly on abuses in conflict situations fearing that publicity would hinder its main task of care of the wounded and visits to war prisoners. Government responses to the report of Egyptian CW use were weak. The US response was muted, presumably because of its own use at the time of chemical agents in the form of herbicides and harassing agents in Vietnam. On the Geneva front, it was not until the early 1970s that NGO representatives became visibly active in UN disarmament negotiations. So there was little NGO activity over the conflict in Yemen — not a high priority area in any case.

However, the Egyptian experience was not lost on everyone. Soon after the 1967 end of fighting in Yemen, Syria requested Egyptian technical assistance in developing its own chemical weapons capabilities. Iraq was also interested in the Egyptian experience; it began its own CW program in the late 1960s turning to the US for help. In 1967, Saddam Hussein and some 15 Iraqi officials participated in a fact-finding trip to the USA to familiarize themselves with chemical warfare and defensive techniques including observation of CW tests at US proving grounds.

On March 16, 1988, the Iraqi regime, then led by Saddam Hussein, used chemical weapons in a genocidal attack on the town of Halabja, in Iraqi Kurdistan. The attack on Iraq’s own Kurdish population killed 5,000 civilians and injured at least 10,000 more. Generally dubbed “Bloody Friday”, the Halabja attack also remains in the memory of the Kurdish people of Iraq and beyond as the "Kurdish Hiroshima”. (Photo by Sayeed Janbozorgi)

On March 16, 1988, the Iraqi regime, then led by Saddam Hussein, used chemical weapons in a genocidal attack on the town of Halabja, in Iraqi Kurdistan. The attack on Iraq’s own Kurdish population killed 5,000 civilians and injured at least 10,000 more. Generally dubbed “Bloody Friday”, the Halabja attack also remains in the memory of the Kurdish people of Iraq and beyond as the “Kurdish Hiroshima”. (Photo by Sayeed Janbozorgi)

I had thought from the start that an Iraq-Iran war was not a good thing and that if frontier delimitation issues were the real reason for the war as Iraq claimed, then there were better ways of dealing with the conflicting claims. I had started seeing if mediation were possible. Saddam Hussein’s half-brother was the Iraqi Ambassador to the UN in Geneva, and I think that my proposals were sent on. The formal UN-led mediation efforts had to wait until late 1985 to be carried out in Geneva and leading to the UN-brokered ceasefire of August 1988.

The first official Iranian complaint on CW use to the UN was in November 1983. The complaint ran into the same structural difficulties I had set out in my text: the 1925 Geneva Protocol has no investigative measures and no dispute settlement provisions. Thus there was a long discussion among governments about what steps to take. Finally, there was a UN Security Council resolution authorizing an investigation. The UN investigations were largely based on examination of victims in medical facilities but which took place some days after the occurrence. The highly-regarded Stockholm International Peace Research Institute (SIPRI) carried out independently interviews with victims as part of its extensive work on chemical weapons arms control possibilities.

The UN investigations led to the conclusion that the Iraq military had used CWs in violation of the 1925 Geneva Protocol, but no further action was taken. The military effectiveness of chemical weapons in the Iraq-Iran War is a matter of debate among military specialists. According to figures released by the Iranian authorities, CWs accounted for only three per cent of their one million war casualties. However, CW impact on military morale and creating fears in the civilian population is difficult to measure. In March 1988, when Iraq publicly threatened to use CWs against Iranian cities, many persons momentarily left Teheran. In the same month, the Iraq army used chemical weapons against unprotected civilians in the Iraqi-Kurdish city of Halabja.

There is also a Red Cross convention that was invoked at the time of the mass killing at Halabja and is relevant to the Syrian case as well. In the light of the experiences of the war in Vietnam which was not an “international war” in the sense that the original Red Cross conventions cover, there was a conference in Geneva so that protection could be provided in cases of “civil” or internal conflicts. The conference led to the Geneva Additional Protocols of 1977 which states in article 51.2 “The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence, the primary purpose of which is to spread terror among the civilian population are prohibited” Further article 51.6 stipulates that “Attacks against the civilian population or civilians by way of reprisals are prohibited.”

It is now an established fact that chemical weapons have been used this month in the Syrian conflict; but just who used them? It is the Assad regime, or did armed groups with the Free Syrian Army do it? Hopefully, the report of the UN investigation mission that was sent in to investigate will yield the much-awaited answer to this question. (C) UPI

It is now an established fact that chemical weapons have been used this month in the Syrian conflict; but just who used them? It is the Assad regime, or did armed groups with the Free Syrian Army do it? Hopefully, the report of the UN mission that was sent in to investigate will yield the much-awaited answer to this question. (C) UPI

There is as yet no agreed upon international sanctions concerning the violation of humanitarian (Red Cross) law. Humanitarian law can be cited in national court trials as was the use of CWs against the Kurds in some of the Iraq trials but not the use against the Iranians. Moreover, the post-Saddam trials resemble too much “victors’ justice” to be used as a basis of world law. The International Criminal Court can also use humanitarian law as a basis for judgments, but its justice grinds slowly.

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

The UN investigations and the appropriate responses are yet to be made. More shelling of military installations in Syria is unlikely to bring about the negotiations in good faith needed in the Syrian conflict. Thus there is a short-term need to stop beating the drums of war while at the same time stressing the condemnation of the use of chemical weapons. There is a need for longer-term efforts to start serious negotiations with as many factions of the opposition as possible and the Syrian government to create government structures more fully representative of the multi-cultural Syrian society.

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

New Fires Relight in Eastern Congo

In Africa, Conflict Resolution, Current Events, Human Rights, International Justice, The Search for Peace, United Nations, World Law on August 25, 2013 at 4:25 PM

NEW FIRES RELIGHT IN EASTERN CONGO

By René Wadlow

In a message of August 24, 2013 addressed to United Nations (UN) Secretary-General Ban Ki-moon, the Association of World Citizens (AWC) highlighted that the Democratic Republic of Congo’s eastern capital of North Kivu Province, Goma, had been shelled for the past three days, including Saturday 24.

The shelling seems to be a continuation of the struggle for power and wealth between heavily-armed rebels, called the March 23 Movement (M23) and the Congolese central government’s army – the Democratic Republic of Congo Armed Forces (FARDC).

This struggle with ever-changing groups began in 1996, two years after the genocide in Rwanda which led to a refugee influx into eastern Congo.  From 1998 to 2003, the area was the scene of fighting between forces of at least six countries – Congo, Rwanda, Burundi, Uganda, Kenya, and Tanzania.

A fighter with the M23 Movement.

A fighter with the M23 Movement.

Since the end of the international fighting, the area has been divided into what can be called “mafia clans” running protection rackets and trying to make a profit from minerals, timber, food supplies for the UN forces and humanitarian nongovernmental organizations present. A deep and deadly struggle for influence is being played out in the shadows with an ever-changing cast of characters.

The UN has a large and expensive peacekeeping group in the area, the MONUC, but with uneven results.  UN forces are seen by the local population as favorable to the far-away incompetent central government.  The M23 is widely considered to be favored by the government of Rwanda.

UN peacekeeping troops are generally effective when there is peace to keep. However what is required today in eastern Congo is not so much more soldiers under UN command as reconciliation bridge-builders, persons who are able to restore relations among the ethnic groups of the area.  The UN, national governments, and non-governmental organizations need to develop bridge-building teams who can help to strengthen local efforts at conflict resolution and re-establishing community relations.

World Citizens were among those in the early 1950s who stressed the need to create UN peacekeeping forces with soldiers especially trained for such a task.  Today a new type of world civil servant is needed – those who in areas of tension and conflict can undertake the slow but important task of restoring confidence among peoples in conflict, establishing contacts and looking for ways to build upon common interests.

There is only so much the MONUC mission can do to keep the peace and assist the civilian population in the Democratic Republic of Congo.

There is only so much the MONUC mission can do to keep the peace and assist the civilian population in the Democratic Republic of Congo.

As the militias and “mafia clans” have proliferated, rivalries, particularly over land tenure and use have become a key source of conflict.  With the breakdown of society, there was a parallel breakdown of local, traditional conflict reduction mechanisms.  The precolonial tribal society had been too weakened during the colonial period to return to precolonial forms of governance.  Post-colonial administration had never been put into place, and so the result was a void of social rules and mechanisms for dispute settlement.

In particular, disputes over land became critical.  Land tenure issues have always been complex.  Land is often thought of as belonging to the ethnic community and is given to clans or to individuals for their use, sometimes for a given period, sometimes for several lifetimes if the land is continually cultivated.  The rules of land tenure often differ from one ethnic group to another, even a small distance apart. Traditionally, clan chiefs would be called upon to settle land disputes, often by compromises, so win-win solutions were often found. With the large displacement of people, land disputes have become frequent, and clan chiefs have often disappeared or lost their function as judges.

Many people have left villages near main roads to live in relative safety far from roads. They have had to move several times and to re-clear land for planting.  Local markets have been destroyed.  Social organizations such as churches have been disbanded, and family links, which provide the African “safety net” have been destroyed by death and displacement.  What trust existed between groups has been largely replaced by fear.  A few people are making money from the disorder by plundering natural resources, but economic injustice and deprivation remain the order of the day.

There is a short-term need to bring the current fighting to a negotiated end, but future security is closely linked to the ways in which land tenure and land use issues are settled.

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

World Citizens Call for the Unconditional Respect of the Right to Life, Liberty and Security of Person in Egypt

In Conflict Resolution, Current Events, Democracy, Human Rights, Middle East & North Africa, United Nations, World Law on August 16, 2013 at 1:58 PM

-- AWC-UN Geneva Logo --

WORLD CITIZENS CALL FOR THE UNCONDITIONAL RESPECT OF THE RIGHT TO LIFE, LIBERTY AND SECURITY OF PERSON IN EGYPT

Paris & Geneva, August 16, 2013

 

The Association of World Citizens (AWC) is gravely concerned at the serious human rights violations which have been committed in recent weeks by both the security and armed forces and the Muslim Brotherhood movement in Egypt.

Thus, the AWC welcomes the August 15 Appeal of the United Nations Security Council urging both the Egyptian Government and the Muslim Brotherhood to exercise “maximum restraint” with a view to ending the violence which has spread across the country.  The military-police-security forces confronted the predictable resistance of pro-Morsi forces with a brutal show of force designed to instill fear and submission but gave rise instead to a collective display of resolve-until-death and a readiness for martyrdom.

However, the AWC stresses that more than “maximum restraint” is needed. The majority of Egyptians desire a more representative government based on respect for human rights which will provide the basis for a much-needed economic recovery.

The AWC underlines the need for strong civil society institutions and Nongovernmental Organizations (NGOs). Both domestic and international NGOs working for freedom of expression, religious freedom and women’s rights have been under unwarranted pressure.

The AWC has protested the recurrent violent attacks carried out by Muslim Brotherhood supporters against the Coptic Christians of Egypt, a community that has been for two and a half years the target of outrageous sectarian violence, including the August 14-15 burning of some 14 Coptic churches in reprisal attacks to the police violence against pro-Morsi sit-in protesters.

Article 3 of the Universal Declaration of Human Rights clearly provides that “Everyone has the right to life, liberty and security of person ». This right belongs to everyone, not just to people who think as we do. Democracy and the rule of law should never be a one-way flow.

The AWC therefore calls on the Egyptian Government, including the police and armed forces, to ensure at all times full respect for human rights in the maintenance of public order, and on the Muslim Brotherhood party to refrain from any actions that are not strictly related to the right to peaceful demonstration, and unequivocally condemn any such actions committed by its members.

The AWC further urges that immediate, special protection be given to the Coptic Christian community and any other national, religious or other minorities that may find themselves in harm’s way due to the current unrest in Egypt.

Finally, the AWC is concerned with the consequences of the proclamation of the one-month State of Emergency across the country.  Past States-of-Emergency periods have always opened the door to human rights abuses and to military authoritarianism. Therefore, the AWC calls for a speedy return to civilian rule, new democratic elections, and a new constitution which places human rights as a core value.