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Battle for Mosul: Can There Be Respect for the Laws of 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 October 18, 2016 at 7:43 PM

BATTLE FOR MOSUL: CAN THERE BE RESPECT FOR THE LAWS OF WAR?
By René Wadlow

On Monday, October 17, 2016, the battle of Mosul began as the troops of the Iraqi army started moving toward the northern Iraq city of Mosul. The Iraqi Prime Minister, Haider al-Abadi, announced the effort to take Mosul, a city of over one million people which has been held by the forces of the Islamic State (ISIS or Daesh in its Arabic initials) since July 2014. The Iraqi troops are assisted by Turkish troops and tanks, by United States (U. S.) Special Forces who have also been training the Iraqi troops, and by the Kurdish peshmerga militias who have attacked surrounding villages but who, for political reasons, are not likely to enter Mosul.

There are estimates that there are some 4,500 ISIS troops facing some 50,000 on the Iraqi government side. ISIS has been aware that an attack on Mosul was in preparation for a long time and has responded by mining buildings and roads as well as building tunnels. It is likely that some ISIS fighters have slipped away, but it is also likely that the remaining majority of ISIS will fight to the bitter end, preferring death to surrender. In a situation that is confused by the number and nationalities of the groups in combat as well as the very ethnically and religiously mixed population of Mosul, what possibilities exist for respect of the laws of war?

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Two Kurdish peshmerga fighters at Mosul Dam in 2014.

The laws of war, now often called humanitarian law, have two wings, one dealing with the treatment of medical personnel in armed conflict situations, the treatment of the military wounded and prisoners of war as well as 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 since even if the more recent limitations on land mines, cluster weapons and chemical weapons have been negotiated elsewhere than in The Hague.

For the Hague Conventions such as the ban on land mines, the ban is binding only on States which have ratified the convention. Although the Islamic State had some of the markings of a proto-State, it was not recognized as a State by any other State. Basically ISIS can be considered as an armed militia.

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ISIS, or Daesh, the self-styled “Islamic State”, only believes in violence. It has always displayed an unmitigated hatred of everything that international law and human rights stand for. It is neither “Islamic” nor a “State” and never will be.

The status of the Geneva Conventions for non-State militias can be debated. When I was involved at the United Nations (UN) with the national minorities of Burma in the 1990s, I encouraged the Burmese militias to study, discuss and then sign the Geneva Conventions, of which the Swiss government is the depositary power. When the Burmese government learned of our efforts, they quickly signed the Geneva Conventions. Once the national minorities had signed, and I sent the document to the Swiss government and to the International Committee of the Red Cross, both the Burmese military and the national minorities released a number of prisoners of war as a mark of good faith which had never been done before. The status of world law for non-State entities and individuals is a crucial question, and there are discussions at the International Criminal Court on this issue.

The current situation concerning refugees and internally-displaced persons can also be considered as part of humanitarian law. The status of refugees is more widely respected than that of the internally-displaced.

ISIS has shown no interest or respect for humanitarian law nor for universally-recognized human rights. ISIS has carried out many summary executions of perceived opponents. There is a real danger that as ISIS disintegrates and no longer controls as much territory, it will increase terrorist actions having “nothing left to lose”.

The violations of the laws of war are not limited to ISIS. 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 indicate a dangerous trend of non-compliance with the laws of war by both State and non-State agents.

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. These values may get lost in the “fog of war” of the battle for Mosul. Therefore, there needs to be a wide public outcry in the defense of humanitarian law so that violations can be reduced. As the tanks move ahead, the time for the defense of humanitarian values is now.

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

Ending Marginalization and Exclusion

In Asia, Being a World Citizen, Children's Rights, Human Development, Human Rights, International Justice, Social Rights, Solidarity, The Search for Peace, United Nations, World Law on October 17, 2016 at 9:31 AM

ENDING MARGINALIZATION AND EXCLUSION
By René Wadlow

October 17 was set by the United Nations (UN) General Assembly in Resolution 47/196 as the International Day for the Eradication of Poverty. October 17 was chosen as the anniversary of a October 17, 1987 meeting in front of the Trocadéro in Paris near where the Universal Declaration of Human Rights was signed in 1948. The 1987 meeting was called as a reminder that the victims of extreme poverty, hunger and violence do not enjoy the rights that are set out in the Universal Declaration.

In some ways the 1987 meeting is an indication of how long ideas and values take to be institutionalized in the world society. It took nearly 40 years for awareness to grow that there were people who fell outside the development and welfare provisions of governments. It took another four years for that awareness to be enshrined in a General Assembly resolution. Nevertheless, we must be thankful for resolutions which highlight the obvious. We can build upon that awareness and the resolution.

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Somewhere along the line of the growing awareness that poverty exists came the realization that the eradication of poverty was not only the concern of governments but also of the poor and marginalized themselves. To use the most commonly-used image: poverty reduction is not only a “top-down” effort (governments toward citizens) but also a “bottom-up” process (of the poor toward the holders of wealth and the governmental decision-makers.) Thus today, there is an awareness that the marginalized sections of society should be involved in the decision-making process which determines the socio-cultural, economic, and political life of the State. This awareness is often termed “popular participation”, “community organizing” and “grass-roots organizations.”

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As an Asian Committee for People’s Organization states in its manual for organizers Organizing People for Power, “It is the oppressors who, after all, control corporate decision-making, the government apparatus, the media, and the police. Although the people vastly outnumber the oppressors, in their disorganized conditions they lack the power to oppose their enemy. By themselves, the poor farmers, workers or slum dwellers are no match for the oppressors in terms of money or resources … The transfer of power from the hands of the oppressors to those of the oppressed is not easily accomplished at one fell swoop. Part of the difficulty lies in the ‘culture of silence’ that has been inculcated into the people’s consciousness by centuries of domination. By slow degrees, the oppressed have internalized a subservient mentality that is reinforced by their daily experience. They find it difficult to see their liberation in terms of their own strength, and look instead outside themselves to an external force to come and save them. The oppressed cannot imagine that the power they await lies within them, and therefore, they lapse into a state of passivity awaiting liberation from heaven or a messianic leader.”

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However, there are growing efforts by which people are released from their culture of silence and demand a meaningful participation in society through socio-economic projects which enhance their bargaining power. Such approaches involve tensions and conflicts, but conflicts can have a potential for creativity. As a set of notes for workers engaged in rural development and adult education written by the Xavier Institute of Social Service in Ranchi, India states, “Projects should be the result of a process where people have perceived the need for them. This will require a clear-cut vision and manifestation of a just society. Projects can be undertaken as instruments for social transformation, and development programmes must make the conscious effort to translate these projects into useful tools to hasten the establishment of a just society.”

Today, different social conditions, identities, religious beliefs shape our one humanity. We share the responsibility to ensure the dignity of each individual. We need to find creative ways of ending marginalization and exclusion of groups and individuals. October 17 should stand as a time of re-dedication to finding creative paths to this goal.

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

October 10: Abolition of the Death Penalty

In Being a World Citizen, Human Rights, International Justice, United Nations, World Law on October 9, 2016 at 10:04 PM

OCTOBER 10: ABOLITION OF THE DEATH PENALTY
By René Wadlow

“I shall die, but that is all that I shall do for Death. I am not on his payroll. I will not tell him the whereabouts of my friends nor of my enemies either.”

-Edna St Vincent Millay.

October 10 is the International Day Against the Death Penalty, set by the United Nations (UN) General Assembly. Since the end of World War II, there has been a gradual abolition of the death penalty with the rather obvious recognition that death is not justice. In some countries, executions have been suspended in practice but laws allowing executions remain; in other cases, there has been a legal abolition.

The clear words of the American poet Kenneth Patchen (1911-1972) have been a credo for those of us who have opposed executions on moral grounds:

This is a man
He is a poor creature
You are not to kill him
This is a man
He has a hard time
Upon the earth
You are not to kill him.

There are also those who oppose the death penalty on the practical grounds that it has little impact on the rate of killing in society.

October 10 can also be a day to oppose all organized killings. In addition to State-sponsored official executions, often 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 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. This is what the UN called “enforced or involuntary disappearances.” Attacks by drones are also a form of State-organized executions without trial or the possibility of appeal.

There is also a growth in non-governmental targeted killings. Attention has focused recently on the drug-trade-related death of Mexico’s “drug lords”. These groups of organized crime have many of the negative attributes of States. Their opponents are designated for killing and executed by those on the payroll of death. These groups are not limited to Mexico. In addition, there are a good number of countries where non-governmental militia groups exist and carry out executions. A most dangerous example is these days in the Philippines where both police and death squads are killing persons accused of selling (or even using) drugs.

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“Please feel free to call us, the police, or do it yourself if you have the gun, you have my support,” stated President Rodrigo Duterte of the Philippines recently, urging his fellow citizens to kill any drug dealer they may know of, without prior arrest or trial. “Shoot him and I’ll give you a medal.”

Thus our efforts against executions need to be addressed both to governments and to those State-like non-governmental armed groups. The abolition of executions and the corresponding valuation of human life are necessary steps to building a just society. As the late Robert Muller, former UN Assistant Secretary-General and a member of the Association of World Citizens wrote in his essay The Right Not to Kill “In every epoch of history there are a few exceptional human beings who are blessed with a correct vision of the place of the human person on earth. This vision is always basically the same:

“It recognizes the oneness and supremacy of the human family, irrespective of race,, sex, creed, nation or any other distinctive characteristics;

It recognizes each individual human being as a unique miracle of divine origin, a cosmos of his own, never to be repeated again in all eternity;

It rejects all violence as being contrary to the sanctity and the uniqueness of life, and advocates love, tolerance, truth, cooperation and reverence for life as the only civilized means of achieving a peaceful and happy society;

It preaches love and care for our beautiful and so diverse planet in the fathomless universe;

It sees each human life and society as part of an eternal stream of time and ever ascending evolution;

It recognizes that the ultimate mysteries of life, time and the universe will forever escape the human mind and therefore bends in awe and humility before these mysteries and God;

It advocates gratitude and joy for the privilege of being admitted to the banquet of life;

It preaches hope, faith, optimism and a deep commitment to the moral and ethical virtues of peace and justice distilled over eons of time as the foundations for further human ascent.”

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Robert Muller

Muller went on to add “We must restore optimism and continue to sharpen our inborn instincts for life, for the positive, foe self-preservation, for survival and human fulfillment at ever higher levels of consciousness. We must conquer the duality, the negative, the suicidal. These all contain dangerous self-finding processes of destruction. We must turn instead to the mysterious self-generation powers of hope, creative thinking, love, life affirmation and faith.”

Thus, as we mark on October 10 our opposition to the death penalty, let us stress the dignity of all persons and the strength of the affirmation of life. The “marching orders” for those of us working for the abolition of executions remains the letter written by Bartolomeo Vanzetti on the eve of his death in 1927 to Judge Thayer who had condemned to death Nicola Sacco and Vanzetti, “If it had not been for these things, I might have live out my life talking at street corners to scorning men. I might have die, unmarked, unknown, a failure. Now we are not a failure. This is our career and our triumph. Never in our full life could we hope to do such work for tolerance, for justice, for man’s understanding of man as now we do by accident. Our words – our lives – our pains – nothing! The taking of our lives – lives of a good shoemaker and a poor fish peddler – all! That last moment belongs to us – that agony is our triumph.”

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Joan Baez, “The Ballad of Sacco and Vanzetti (Here’s to You)”

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

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.

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.

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.

A report on the UN Commission on the Status of Women, New York City, March 14-24, 2016

In Being a World Citizen, Conflict Resolution, Democracy, Environmental protection, Human Development, Human Rights, International Justice, Social Rights, Solidarity, The Search for Peace, Uncategorized, United Nations, Women's Rights, World Law on March 26, 2016 at 9:27 AM

Received from Sue Zipp, Vice-President of the Association of World Citizens:

*  *  *

UN COMMISSION ON THE STATUS OF WOMEN URGES GENDER-RESPONSIVE IMPLEMENTATION OF AGENDA 2030

Meeting concludes with agreement on foundations to accelerate action for all women and girls.

Date: 24 March 2016
Media Contacts:
Oisika Chakrabarti, +1 646 781-4522, oisika.chakrabarti@unwomen.org
Sharon Grobeisen, +1 646 781-4753, sharon.grobeisen@unwomen.org

* * *

New York — The 60th session of the UN Commission on the Status of Women concluded today with UN Member States committing to the gender-responsive implementation of Agenda 2030. A set of agreed conclusions called for enhancing the basis for rapid progress, including stronger laws, policies and institutions, better data and scaled-up financing.

The Commission recognized women’s vital role as agents of development. It acknowledged that progress on the Sustainable Development Goals at the heart of Agenda 2030 will not be possible without gender equality and the empowerment of all women and girls.

UN Women Executive Director Phumzile Mlambo-Ngcuka welcomed the agreement and the commitment of UN Member States to make the 2030 Agenda, adopted last September, a reality in countries around the world. She said: “Countries gave gender inequality an expiry date: 2030. Now it is time to get to work. These agreed conclusions entrench and start the implementation of a gender-responsive agenda 2030 with which we have the best possibility to leave no one behind.”

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Photo: UN Women/Ryan Brown

UN Women Executive Director Phumzile Mlambo-Ngcuka high-fives UN Women Deputy Executive Director Lakshmi Puri as the CSW Chair Antonio de Aguilar Patriota of Brazil announces the adoption of the agreement. Photo: UN Women/Ryan Brown.

Growing global commitment was already in evidence with a record number of more than 80 government ministers from around the world attending the Commission. Around 4,100 non-governmental representatives from more than 540 organizations participated as well, the highest number ever for one of the Commission’s regular annual meetings.

The agreed conclusions urge a comprehensive approach to implementing all 17 Sustainable Development Goals through thorough integration of gender perspectives across all government policies and programmes. Eliminating all forms of gender-based discrimination depends on effective laws and policies and the removal of any statutes still permitting discrimination. Temporary special measures may be required to guarantee that women and girls can obtain justice for human rights violations.

The Commission endorsed significantly increased investment to close resource gaps for achieving gender equality and the empowerment of all women and girls. Funds should be mobilized from all sources, domestic and international, ranging from fulfilling official development assistance commitments to combatting illicit financial flows that shortchange public resources for gender equality.

With humanitarian crises and other emergencies disproportionately affecting women and girls, the Commission underlined the imperative of empowering women in leadership and decision-making in all aspects of responding to and recovering from crisis. On the eve of the World Humanitarian Summit, it stressed prioritizing women’s and girls’ needs in humanitarian action and upholding their rights in all emergency situations. Every humanitarian response should take measures to address sexual and gender-based violence.

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Photo: UN Women/Ryan Brown

CSW60 delgates applaud as an agreement is announced during the closing plenary. Photo: UN Women/Ryan Brown.

Members of the Commission united behind ensuring women’s equal participation in leadership at all levels of decision-making in the public and private spheres, encompassing governments, businesses and other institutions, and across all areas of sustainable development. Depending on different circumstances, this may involve establishing temporary special measures, setting and achieving concrete benchmarks and removing barriers to women’s participation.

Given the major contributions to Agenda 2030 of civil society, including women’s and community-based organizations, feminist groups, human rights defenders and girls’ and youth-led organizations, the Commission welcomed open engagement and cooperation with them in gender-responsive implementation. It emphasized fully engaging with men and boys as agents of change and allies in the elimination of all forms of discrimination and violence against women and girls.

To guide systematic progress towards gender equality and women’s empowerment throughout the 2030 Agenda, the Commission stressed enhanced national statistical capacity and the systematic design, collection and sharing of high-quality, reliable and timely data disaggregated by sex, age and income. Members also agreed to bolster the role of national mechanisms for women and girls in championing their equality and empowerment.

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Photo: UN Women/Ryan Brown

A wide view of the room during the closing plenary meeting of the 60th Session of the UN Commission on the Status of Women. Photo: UN Women/Ryan Brown.

– See more at: http://www.unwomen.org/en/news/stories/2016/3/press-release-csw60-urges-gender-responsive-implementation-of-agenda-2030#sthash.ci0a4sJ9.dpuf

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

The World, Its Protection, Its Citizens

In Being a World Citizen, Conflict Resolution, Cultural Bridges, Democracy, Environmental protection, Human Development, Human Rights, International Justice, Solidarity, The Search for Peace, United Nations, World Law on December 30, 2015 at 12:13 PM

THE WORLD, ITS PROTECTION, ITS CITIZENS

By René Wadlow

-- AWC-UN Geneva Logo --
On behalf of the Association of World Citizens, I would like to send you our best wishes for 2016.

May it be a year that brings peace and harmony closer to our world. Progress in the world is based on the emergence of ideas, their acceptance, their transformation into ideals, and then into programs of action.

2015 has seen within the United Nations (UN) system two major frameworks of ideas and suggested plans of action. The first was the post-2015 Sustainable Development Goals, and the second was the Paris COP 21 goals and treaty to deal with climate change.  These guidelines require close cooperation among national governments, the UN and other multilateral government institutions such as the European Union, and the wide range of non-governmental organizations including business and agriculture associations.  We need to move from fragmented efforts to strong partnerships.

However, these positive goals need to be seen against the background of current armed conflicts and violent extremism often rooted in a deadly mix of exclusion and marginalization, mismanagement of natural resources, oppression and the alienation arising from a lack of jobs and opportunities. The World is in need of protection, both of people and Nature.  As Citizens of the World, we have a sense of responsibility to participate fully in the emerging world society where disputes among States are settled within the framework of world law and through negotiations in good faith so that common interests may be found and developed.

As Citizens of the World, we have a sense of compassion for Nature, and thus we unite to safeguard the delicate balance of the natural environment and to develop the world’s resources for the common good.

Today, we all face a choice between those forces that would drive us apart, forces and attitudes such as racism, narrow nationalism and the aggressive pursuit of self-interest on the one hand, and on the other hand, those forces which promote an emerging world society that is equitable and harmonious. I am sure that you also will choose to work for wholeness, harmony and creativity.

Prof. René Wadlow is President 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)