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Iraq: Yazidis’ Genocide?

In Cultural Bridges, Current Events, Human Rights, International Justice, Middle East & North Africa, Religious Freedom, Uncategorized, United Nations, War Crimes, World Law on August 11, 2014 at 7:05 PM

IRAQ: YAZIDIS’ GENOCIDE?

By René Wadlow

 

A mix of United States (U. S.) humanitarian airdrops of food and water to the stranded displaced people on Mount Sinjar as well as U. S. military air strikes against some of the positions of the Islamic State in Iraq and Syria (ISIS) has focused international attention on the area. The Christian Peacemaker Teams have had a group working toward human rights protection and reconciliation in the Iraq Kurdistan for some years and are now posting daily updates on their website and Facebook [i].

I will not deal here with the broader issues of the impact of the ISIS on the possible geographic fragmentation and re-structuring of Iraq and Syria.

As a Nongovernmental Organization (NGO) representative to the United Nations, Geneva, and active on human rights issues, I had already raised the issues of two major religious minorities in Iraq at the UN Commission on Human Rights: the Yazidis and the Mandaeans. Here I ask if their fate can be identified as genocide under the 1948 Convention for the Prevention and Punishment of the Crime of Genocide. My concern with the Yazidi (also written as Yezidi) dates from the early 1990s and the creation of the Kurdish Autonomous Region. Many of the Yazidis are ethnic Kurds, and the government of Saddam Hussein was opposed to them not so much for their religious beliefs but rather that some Yazidis played important roles in the Kurdish community seen as largely opposed to the government. The Yazidis also had some old ownership claims on land on which oil reserves are found in northern Iraq.

My concern with the Mandaeans (also written as Sabean-Mandeans) came in the early 2000s after the U. S. invasion when the Mandaeans were persecuted as being supporters of Saddam Hussein and most fled to Syria. A word about the faiths of the two groups which helps to explain their special status. Although both are called “sects” and are closed religious communities which one can only enter by birth, they are faiths even if the number of the faithful is small.

The Mandaeans are a religious group formed in the first centuries of the Common Era in what is now Israel-Palestine-Jordan. Over time, they migrated to southern Iraq in the area of Basra as well as to what is now the Islamic Republic of Iran. One of their distinctive signs is the frequent purification by running water − baptism. They honor John the Baptist, described in the Christian Gospel of Luke, but are probably not direct descendents of his followers. At the time of John and Jesus, there were a good number of movements which had purification by water as one of their rituals. The Mandaean scripture The Book of John is probably a third-century collection. The Book of John was used in Mandaean rituals and services but was never published to be read by others. Given intellectual and historic interest in the Mandaeans, the Mandaean leadership authorized the publication of their scriptures. As a sign of respect, the first printed copy was given to Saddam Hussein as President of the country. In the confused situation after the U. S. occupation of Iraq, the book presentation was enough to have some accuse the Mandaeans of being Saddam Hussein supporters. Under increasing pressure, the vast majority of Mandaeans left Iraq for Syria (the frying pan into the fire image). Now they are caught in the Syrian civil war, unable or unwilling to return to Iraq. A small number of Mandaeans have been granted refugee status in the US and Western Europe.

There has been some intellectual mutual interplay among the Mandaeans and the Yazidis, but they are separate faiths and located in different parts of Iraq. The structure of the Yazidi worldview is Zoroastrian, a faith born in Persia proclaiming that two great cosmic forces, that of light and good, and that of darkness and evil are in constant battle. Man is called upon to help light overcome evil.

Sabean Mandeans perform baptisms for the faithful, in Iraq's Tigris River. (C) The Washington Post

Sabean Mandeans perform baptisms for the faithful, in Iraq’s Tigris River.
(C) The Washington Post

However, the strict dualistic thinking of Zoroastrianism was modified by another Persian prophet, Mani of Ctesiphon in the third century CE who had to deal with a situation very close of that of ours today. Mani tried to create a synthesis of religious teachings that were increasingly coming into contact through travcl and trade: Buddhism and Hinduism from India, Jewish and Christian thought, Helenistic Gnostic philosophy from Egypt and Greece as well as many smaller, traditional and “animist” beliefs. He kept the Zoroastrian dualism as the most easily understood intellectual framework, though giving it a somewhat more Taoist (yin-yang) flexibility, Mani having traveled in China. He developed the idea of the progression of the soul by individual effort through reincarnation − a main feature of Indian thought combined with the ethical insights of Gnostic and Christian thought. Unfortunately, only the dualistic Zoroastrian framework is still attached to Mani’s name − Manichaeism. This is somewhat ironic as it was the Zoroastrian Magi who had him put to death as a dangerous rival.

Within the Mani-Zoroastrian framework, the Yazidi added the presence of angels who are to help man in his constant battle for light and good, in particular Melek Tawis, the peacock angel. Although there are angels in Islam, angels that one does not know could well be demons, and so the Yazidis are regularly accused of being “demon worshipers” [ii].

The faravahar is one of the best-known symbols of Zoroastrianism, the state religion of ancient Iran.

The faravahar is one of the best-known symbols of Zoroastrianism, the state religion of ancient Iran.

With the smaller Mandaean faith, originally some 60,000 people, now virtually destroyed in Iraq and unable to function effectively in Syria, the idea of ridding a country of the near totality of a faith is not for the ISIS an “impossible dream”. There are probably some 500,000 Yazidis in Iraq. Iraq demographic statistics are not fully reliable, and Yazidi leaders may give larger estimates by counting Kurds who had been Yazidis but had been converted to Islam. There had been some 200,000 Yazidis among the Kurds of Turkey but now nearly all have migrated to Western Europe, Australia and Canada.

Already in the last days, some 150,000 Yazidis have been uprooted and have fled to Iraqi Kurdistan. Thus most Yazidis could be pushed into an ever-smaller Kurdish-controlled zone of Iraq and Syria. The rest could be converted to Islam or killed. The government of the autonomous Kurdish region of Iraq has done little (if anything) to help the socio-economic development of the Yazidis, probably fearing competition for the Kurdish families now in control of the autonomous Kurdish government and society. Now the Kurdistan government and civil society groups are stretched well beyond capacity with displaced persons from Iraq and Syria.

Thousands of Yazidis previously trapped by Isis have been rescued by Kurdish peshmerga forces. (C) Anadolu Agency/Getty Images

Thousands of Yazidis previously trapped by Isis have been rescued by Kurdish peshmerga forces.
(C) Anadolu Agency/Getty Images

If one is to take seriously the statements of the ISIS leadership, genocide − the destruction in whole or in part of a group − is a stated aim. The killing of the Yazidis is a policy and not “collateral damage” from fighting. The 1948 Convention for the Prevention and Punishment of the Crime of Genocide allows any State party to the Convention to “call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide.” Thus far no State has done so by making a formal proposal to deal with the Convention.

With the incomplete evidence at hand, I would maintain that the ISIS policy is genocide and not just a control of territory. Although the UN “track record” of dealing with genocide is very mixed, the first immediate step is for a State to raise the issue within the UN in order to set a legal approach in motion [iii].

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

 

[i] See the website of the Christian Peacemaker Teams: www.cpt.org.

[ii] A Yazidi website has been set up by Iraqis living in Lincoln, Nebraska. The website is uneven but of interest as a self presentation: www.yeziditruth.org.

[iii] See the very complete study: William A. Schabas, Genocide in International Law (Cambridge Univesity Press, 2000).

Tribal Societies: Survival and Transformations

In Being a World Citizen, Cultural Bridges, Current Events, Environmental protection, Foundations for the New Humanism, Human Development, Human Rights, International Justice, Solidarity, The Search for Peace, United Nations, World Law on August 9, 2014 at 10:46 AM

TRIBAL SOCIETIES: SURVIVAL AND TRANSFORMATIONS

by René Wadlow

 

August 9 has been chosen by the UN General Assembly as the International Day of the World’s Indigenous Peoples.

As Paulo Freire has written, “While both humanization and dehumanization are real alternatives, only the first is man’s vocation. This vocation is constantly negated. It is hindered by injustice, exploitation, oppression, and the violence of the oppressors; it is affirmed by the yearning of the oppressed for freedom and justice, and by their struggle to recover their lost humanity.

The world society is filled with many different types of collective actors: clans, tribes, castes, ethnic groups, cities, races, social classes, religious organizations, nation-states, multi-state alliances for military or economic goals, transnational corporations and associations. Each is the creation of individuals who have grouped together − or have been grouped together − to achieve goals considered common to the group’s members. All such collective groups have techniques to socialize new members to share the common values, to accept the ideology and beliefs of the tribe, the nation-state or the association. This socialization process goes so deeply that a person’s sense of identity becomes associated with these collective identity, the school, the army, the church, the political process and institutions − each propose a sense of group purpose.

Yet none of these groups is static and unchanging. Even clans and tribes whose members often consider that they have a common ancestor do, in fact, change. Tribes merge and divide; new identities are formed; new ancestors are created to justify the new groupings.

Some types of collective belonging are more easily left than others. One can move relatively easily from a city and take on the character, the values and the goals of a new city. Social mobility can produce changes in social class, and even caste lines become blurred. Persons change nationality or acquire new nationalities as frontiers are modified. Race is less easily changed but definitions of what constitutes a race do change. Ethnic identity is often associated with birth, but parents can belong to different ethnic communities, although the child is usually raised as belonging to the more dominant group. However the socialization process of group identity goes to the level of sub-conscious behavior and is not easily set aside.

In Peru, some tribes remain uncontacted. Some live no more than 100 kms from the legendary mountain site of Machu Picchu. Today, however, the future of these tribes who live in the heartland of the ancient Inca Empire is threatened by a gas project. (C) Survival International

In Peru, some tribes remain uncontacted. Some live no more than 100 kms from the legendary mountain site of Machu Picchu. Today, however, the future of these tribes who live in the heartland of the ancient Inca Empire is threatened by a gas project. (C) Survival International

Today the nation-state claims to be the dominant collective association − setting the boundaries of loyalty and identity. The State claims the right to set out the major collective goals and values. Through laws, the State claims the right to set out the rules by which other collective entities may pursue their goals; through taxation the State draws the resources to further the goals it has set, and the State claims to have the only legitimate use of violence to punish those who break the laws and rules it has set.

There have always been tensions between these collective groups for their spheres of goal-setting and value-setting have overlapped. Thus there have been tensions between religious organizations and the State as to who should set what goals and the means to achieve these goals. There have also been tensions between economic classes and the State when it was felt that the State was dominated by another economic class who used its power within State institutions not for the good of all but only to advance class interests. The same is true of other collective units − races or ethnic groups − excluded from power within State institutions.

Today in many parts of the world those most excluded from power within State institutions are people living in alternative structures of authority, goal-setting and rule-making: persons living in tribal societies.

Tribal societies predated most of today’s nation-state. A tribal society usually has all the same functions as the nation-state: it sets out membership, loyalties, common goals and rules of behavior. It has sanctions against those breaking the laws of the tribe and has − or had − the monopoly of the legitimacy of using violence against those breaking the laws. Tribes are, in fact, more realistically “nation-states” if one defines nation as a common language, a common history and a common will to act together.

Thus because the tribal society is the closest in function to that of the nation-state, it is also the most feared. Tribes are institutions with whom it is difficult to compromise because they have the same pretensions as the State. It is relatively easy for a government to offer higher wages to the industrial worker or higher prices to the farmer as these social classes do not claim to carry out an alternative way the functions of the State. It is more of a challenge to the State’s image of its role to allow tribal societies to set out a land policy or fishing rights or trans-frontier trading rights because these activities conflict directly with the functions that the government has set for itself.

Thus there has been a long history of the State destroying alternative institutions of governance on its territory. The nation-states of Europe were built upon the ruins of feudal institutions; much of Asia on the destruction of local rulers. We see the pattern today as we watch traditional chiefs in Africa lose their authority to the heads of State and the military. In the Americas, many of the indigenous tribal societies were destroyed. Others were pushed into areas that those who controlled the government did not want − the “reservations” of the USA and Canada.

In Latin America and Asia, there is still active struggle going on between those trying to preserve their tribal institutions and homelands and the State which claims complete authority over all its territory and who often wished to put new settlers on tribal lands.

A Koma tribe woman at her farm. Alantika Mountain, Cameroon. (C) Middle Africa The Koma people are indigenous hill-dwelling people occupying the Alantika Mountains in northern Adamawa State, Nigeria and in Northern Cameroon (Faro National Park), near the border with Adamawa State.

A Koma tribe woman at her farm. Alantika Mountain, Cameroon. (C) Middle Africa
The Koma people are indigenous hill-dwelling people living in the Alantika Mountains in northern Adamawa State, Nigeria and in Northern Cameroon (Faro National Park), near the border with Adamawa State.

The amount of violence and suffering is considerable. Slowly, the fate of tribal societies has come to the attention of the United Nations (UN). The UN was set up to facilitate relations among nation-states. However, because wide-spread violations of individual rights had been one of the consequences of the Second World War, a Universal Declaration of Human Rights was drafted and proclaimed by the UN General Assembly in December 1948. The aim of the Declaration is to stress the rights of the individual − a natural consequence of the philosophy of the drafters. The rights of collective bodies which the drafters knew were also protected: trade unions, churches, professional associations. However tribal societies were not particularly thought of as one sees by reading the drafting negotiations. Thus, the Universal Declaration protects the rights of all individuals − including, of course, individuals living in tribal societies − but there is no direct recognition of the functions of tribal societies.

Thus for many years, indigenous and tribal peoples were the forgotten stepchildren of the UN system dealing with human rights. Yet they needed protection at least as much as those on whom the political limelight had focused. The situation began to change with the publication by the International Labor Organization’s study Indigenous Peoples: Living and working conditions of aboriginal populations in independent countries (1953). This was followed by the study by Jose Martinez Cobo Study of the Problem of Discrimination Against Indigenous Populations of the UN Commission on Human Rights (1986). While the Cobo study was being written, a Working Group on Indigenous Populations was set up under the then-existing Sub-Commission on Prevention of Discrimination and Protection of Minorities under the dynamic leadership of Erica-Irene Daes.

The United Nations Declaration on the Rights of Indigenous Peoples, a document that was long awaited by indigenous peoples and their defenders throughout the world.

The United Nations Declaration on the Rights of Indigenous Peoples, a document that was long awaited by indigenous peoples and their defenders throughout the world.

From the Working Group, with a good deal of interaction with the representatives of Nongovernmental Organizations and tribal groups came a United Nations Declaration on the Rights of Indigenous Peoples (A61/295) in 2007 after some 20 years of efforts. The Declaration sets out a useful framework for action. A UN Permanent Forum on Indigenous Issues has been created and meets once a year in New York. Conditions “on the ground” change slowly but there is now a UN institutions where issues can be raised. It is still the task of non-government organizations and tribal groups to continue to draw attention and to seek cooperation with governments.

See the useful Making the Declaration Work published by the International Work Group for Indigenous Affairs (Copenhagen) available on their website: www.iwgia.org.

 

********************************************************************

 

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

Lettre au Ministre des Affaires Etrangères de la République française

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

awc-un-geneva-logo

ASSOCIATION OF WORLD CITIZENS

ASSOCIATION DES CITOYENS DU MONDE

 

The External Relations Desk

 

 

Monsieur Laurent FABIUS

Ministre des Affaires Etrangères de la République française

Ministère des Affaires Etrangères

37 Quai d’Orsay

75700 PARIS

 

 

Le 25 juillet 2014

 

 

Monsieur le Ministre,

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

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

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

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

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

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

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

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

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

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

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

D’une part,

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

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

D’autre part,

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

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

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

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

 

Prof. René Wadlow

Président

 

Bernard Henry

Officier des Relations Extérieures

 

Cherifa Maaoui

Officier de Liaison

Afrique du Nord & Moyen-Orient

 

Noura Addad, Avocat

Officier juridique

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

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

-- AWC-UN Geneva Logo --

ASSOCIATION OF WORLD CITIZENS

THE EXTERNAL RELATIONS DESK

 

July 14, 2014

 

H. E. Mr. Eugène-Richard Gasana

Ambassador, Permanent Representative

of the Republic of Rwanda

to the United Nations

President of the United Nations Security Council

 

Excellency:

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

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

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

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

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

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

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

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

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

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

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

 

Prof. René Wadlow

President

 

Bernard Henry

External Relations Officer

 

The Law of the Seize

In Being a World Citizen, Conflict Resolution, Environmental protection, International Justice, The Search for Peace, United Nations, World Law on June 15, 2014 at 10:03 PM

THE LAW OF THE SEIZE

By René Wadlow

 

June 8 of each year has been proclaimed by the UN General Assembly as the Day of the Law of the Sea. However, according to my friend John Logue, who had participated with me as non-governmental organization representative in the long negotiations in New York and Geneva, it should be called “the Law of the Seize.”

What started out in November 1967 with a General Assembly presentation by Ambassador Arivid Pardo of Malta as a call to establish a new political and legal regime for the ocean space ended in August 1980 with a draft convention. It was a mixed bag of successes and disappointments, but that convention has now been ratified by 162 States.

For world citizens, the quality of the Law of the Sea Convention was of particular significance. The greater part of the oceans has been considered res communis, a global common beyond national ownership. Furthermore, the physical nature of the oceans suggests world rather than national solutions to the increasing need for management of marine resources and the marine environment.

World Citizen Thor Heyerdahl was one of those who called attention to the dangers of ocean pollution coming to Geneva to speak for world citizens during the Law of the Sea negotiations. The oceans and the seas remind us that the planet and not the State should be our focus. A holistic view of life arises from our interdependence as a species and our dependence on the life system of nature. World citizens have stressed that a balanced, sustainable eco-system will only emerge if our political, economic and ethical policies coincide in building a more stable and more peaceful—in short, a more human—planet.

(C) The Economist

(C) The Economist

Establishing rules for the management of the oceans was a real possibility in bringing about an increase in the awareness of the earth as our common home. However, the UN Law of the Sea Conference was first and foremost a political conference with over 160 States participating. From the outset of the conference, it was agreed that the convention had to be drafted by consensus in order to create a political and legal system for the oceans accepted to all — to manage what Arivid Pardo had called “the common heritage of mankind.”

During the negotiations, there were groupings that cut across the Cold War divisions of the times, especially within a group called “the landlocked and geographically disadvantaged countries.” There were also informal groups of persons who acted in a private capacity, a mixture of nongovernmental organization (NGO) representatives, legal scholars, and diplomats who prepared suggestions on many of the issues of the conference. These issues included the economic zones, the continental shelf, scientific research, marine pollution, and dispute settlement. Such propositions were taken seriously by the government negotiators, in part because few diplomats had the technical knowledge needed for making decisions as well as the creation of a new international organization, the Seabed Authority.

However, in practice, government negotiators are more used to working for the “national interest” and in defending the idea of “territory,” both on land and on the sea. Boundary-making is a primordial activity. Various theories have been advanced to explain why, many of them derived from our animal ancestors. However, ocean boundary problems are more difficult than building a wall on land. As Douglas Johnston and Mark Valencia write,

The forces of nationalism were too strong to be swayed by Pardo’s appeals to international cooperation and technocratic rationality. Instead the coastal states, developed and developing alike, saw in the newly available ocean areas an unexpected windfall, offering the prospect of a previously unimagined extension of their natural resource base. The economic goal of national autonomy had prevailed over the interest in global cooperation, setting in motion the processes of establishing vast national enclosures of offshore areas, especially those enclosures consonant with the new exclusive economic zone (EEZ) regime. International cooperation had yielded to national autonomy.1

An outstanding first attempt at codification of the law of the sea was the work of Hugo Grotius, the Dutch jurist widely regarded as the forefather of international law as we know it today. In 1609 Grotius published Mare Liberum (A Free Sea), a book in which claimed that the sea was international territory and thus free for all nations to use in their usual conduct of trade with one another.

An outstanding first attempt at codification of the law of the sea was the work of Hugo Grotius, the Dutch jurist widely regarded as the forefather of international law as we know it today. In 1609 Grotius published Mare Liberum (A Free Sea), a book in which claimed that the sea was international territory and thus free for all nations to use in their usual conduct of trade with one another.

Conflicts over national sea boundaries are particularly strong in the Pacific Ocean among China, Vietnam, the Philippines, Japan, Taiwan, and Cambodia, with India and Indonesia watching closely. The disputes arise largely because of the claims of waters around small islands as national territory. Most of these islands are not inhabited, but are claimed as the starting point of “territorial waters.”

Originally, the disputes concerned exclusive fishing rights within national territorial zones. Now the issues have become stronger, as it is believed that there are oil and natural gas reserves in these areas.

Concerning China’s dispute with Japan (which is also largely true of China’s policy with other Asian countries), Krista Wiegand writes,

China’s current strategy to negotiate with Japan over joint development of natural gas and oil resources outside the disputed zone seems to be the most rational strategy it can take in the disputes. Rather than dropping its territorial claim, China continues to maintain its claim for sovereignty, while at the same time benefiting from joint development of natural gas resources. By maintaining the territorial claim, China also sustains its ability to confront Japan through diplomatic and militarized conflict when other disputed issues arise.2

Territorial sea disputes can be heated up or cooled off at will or when other political issues require attention. We are currently in a “heating up” stage. Thus for June 8, in honor of the Law of the Sea, we can consider how best to resolve territorial disputes by having a broader view of the common heritage of humanity.

 

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

 

Notes

1)   Douglas M. Johnston and Mark J. Valencia. Pacific Ocean Boundary Problems (Dordrecht: Martinus Nighoff Publishers, 1991, 214pp.)

2)   Krista E. Wiegand. Enduring Territorial Disputes (Athens, GA: University of Georgia Press, 2011, 340pp.)

Ukraine: The Dogs of the Cold War are Awakened

In Being a World Citizen, Conflict Resolution, Current Events, Democracy, Europe, Human Rights, International Justice, The former Soviet Union, The Search for Peace, United Nations, World Law on June 12, 2014 at 9:11 PM

UKRAINE: THE DOGS OF THE COLD WAR ARE AWAKENED

By René Wadlow

 

“Cry Havoc! And let slip the dogs of war!”

William Shakespeare, Julius Caesar

 

The dogs of the Cold War (1945-1990) had largely fallen asleep after the 1990 Summit Conference of the Organization for Security and Cooperation in Europe (OSCE) in Paris had put a formal end to the European aspects of the Cold War. A New Europe was the slogan of both governments and non-governmental currents that had been working for a Europe without its East-West divisions symbolized by the Berlin Wall.

Many of us had been involved in the April 1980 European Nuclear Disarmament Appeal, often shortened to END, of which the English historian E.P. Thompson was a leading spokesman. Mient Jan Faber of the Dutch Inter-Church Peace Council was the link to those working within church/religious groups on the same lines. Obviously, the level of arms − and thus disarmament − was not the only aspect of the moves necessary to move beyond the Cold War embodied in bureaucratic, and military-industrial forms.

There was a necessary ‘healing process’ − a need to remove the barbed wire in people’s minds and hearts.

The hope was that moving beyond the Cold War would become a citizens’ search for common projects, bringing together widening constituencies in a direct discourse beyond Cold War agendas and the media’s framing of the debates.

Many of us met in Prague in what was still Czechoslovakia in October 1990 for the creation of the Helsinki Citizens’ Assembly with an aim of a democratic integration of Europe. Vaclav Havel who had become Head of State spoke to the opening session on the power of acting from principle guided by our consciences to build a thoroughly new Europe undivided into blocs.

Vaclav Havel (1936-2011), the Czechoslovakian dissident playwright who in 1989 led the country's 'Velvet Revolution', eventually becoming President of Czechoslovakia. From 1992 to 2003 Havel was President of the Czech Republic after Czechoslovakia was eventually dissolved.

Vaclav Havel (1936-2011), the Czechoslovakian dissident playwright who in 1989 led the country’s ‘Velvet Revolution’, eventually becoming President of Czechoslovakia. From 1992 to 2003 Havel was President of the Czech Republic after Czechoslovakia was dissolved. (C) John Macdougall/AFP/Getty Images

“Helsinki Citizens” had been chosen by the organizers as the name because Helsinki had been the city which saw the formal start of the governmental process in 1975 leading first to a certain stabilization of the European Cold War structure and progressively to tension-reduction under the title of “détente”. Since much of the governmental detente seemed to be aimed only at making a more stable status quo, citizen activists spoke of “detente from below”, as going beyond the current structures.

The visions of a better world differed among peace, green, and human rights groups. However all agreed that the future forms of Europe was beyond the current status quo.

I had gone to Prague already concerned with ethnic-nationalities tensions. These tensions were colored by the Cold War but also had non-Cold War roots as seen in the Nagorno-Karabakh conflict within the then USSR. Through contacts in Geneva, I had become concerned by Nagorno-Karabakh and thought that good faith negotiations could lead to a resolution of the conflict. I was also concerned with the growing tensions in Yugoslavia. My paper read at the Prague conference “Future of Europe” was published in the Belgrade Review of International Affairs in December 1990.

Since 1990, the conflicts linked to the breakup of Yugoslavia, and the conflicts of Abkhazia-South Ossetia-Georgia, and Transnistra-Moldova all confirm my analysis that the key problem of our time is the manifestation of narrow nationalism. This narrow nationalist ideology must be countered by a strong cosmopolitan-world citizen ideology and practice.

The hope at Prague in 1990 was to build a pan-European movement participating in public debates, offering opinions and discussing alternatives in each country but also able to come together and act in a conflict resolution way in times of strong tensions and armed conflicts. There were a few efforts of the Helsinki groups during the Yugoslav conflicts, but they were not coordinated nor of massive size. I had participated in some of these undertakings at the UN in Geneva when the conference on Yugoslavia was in session there.

The Hofburg Palace in Vienna, Austria, which houses the Headquarters of the Organization for Security and Cooperation in Europe. (C) Bernard Henry

The Hofburg Palace in Vienna, Austria, which houses the Headquarters of the Organization for Security and Cooperation in Europe. (C) Bernard Henry/AWC

Since 1990, we have seen the rise in some European countries of hard line nationalist groups − often Right wing and some with Neo-Fascist aspects. This rise was illustrated by the May 25, 2014 elections to the European Parliament. The entry of an additional number of narrow nationalists will not have much impact on the way the European Parliament operates, but it will give the nationalists a media platform and a degree of legitimacy in their home country. There has not been a significant rise in cosmopolitan-world citizen movements, although cosmopolitanism as an intellectual framework has become increasingly common.

Without a well-organized movement of pan-European peace-green-human rights movements, “Europe from Below” has been unable to act in the Ukraine crisis. Individual governments, in particular Russia and the USA, have taken a highly visible role. The media in both countries dusted off the Cold War vocabulary and political analysis.

Talk of a “New Cold War” has been common. The OSCE − with Switzerland as President for 2014 − has called for restraint and negotiations. There has been no equivalent “high profile” efforts on the part of non-governmental groups. Today, there is no Vaclav Havel to serve as a bridge of respect among both governments and non-governmental movements. Certainly, the dogs of the Cold War have awakened to remind us that they are still there. In addition, new nationalist, and authoritarian tendencies are emerging. Although these nationalist movements are sometimes led by comic figures, they need to be taken seriously.

Counter voices also need to awaken, and the ability for nongovernmental conflict resolution groups to act must be strengthened.

 

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

World Citizens, Opposed to the Death Penalty, Question the Egyptian Government’s Sentencing to Death 528 People in a Mass Trial

In Current Events, Human Rights, International Justice, Middle East & North Africa, Uncategorized, World Law on March 25, 2014 at 5:51 PM

-- AWC-UN Geneva Logo --

WORLD CITIZENS, STRONGLY OPPOSED TO THE DEATH PENALTY, QUESTION THE EGYPTIAN GOVERNMENT’S SENTENCING TO DEATH 528 PEOPLE IN A SHORT MASS TRIAL

In a March 26, 2014 message to the Acting President of Egypt and to the United Nations High Commissioner for Human Rights, Prof. René Wadlow, President of the Association of World Citizens (AWC), stated that the mass trial of Muslim Brotherhood members accused of the murder of a police officer and terrorist acts during the August 2013 protests was an insult to the Spirit of Justice and a violation of the rule of law.

The AWC has repeatedly called upon governments to declare a moratorium on executions with a view to abolishing the death penalty – a penalty that extensive research has shown has little or no impact on the level of violent crime and too often opens the door to judicial errors and injustice.

The speed of the two-day trial during which defense lawyers were not able to develop their arguments is unprecedented and points to the political motivations of the current military-influenced Government.

There is a possibility to appeal the verdict, but the timing and modalities are unclear. There are some 1,200 Muslim Brotherhood supporters awaiting trial, and this trial in the Minya Criminal Count does not indicate a rule of law but rather of revenge and a desire to inspire fear of possible Government action.

The verdict now goes to Egypt’s Grand Mufti, a religious authority, for approval or rejection. It is not clear on what basis religious authorities review and make decisions on what are essentially secular trials. In practice, death sentences in Egypt are often handed down, but few have been carried out in recent years. The aims of the trials and the sentences are political: to show that death is a real possibility if one “steps out of line”.

Such a misuse of the court system undermines trust in the legal order and is in violation of the spirit and provisions of human rights law.

The AWC is devoted to the universal application of human rights law which includes fair trials and the right to adequate defense. Therefore, the AWC calls upon the Government of Egypt to revise this court case by a speedy appeal procedure and to see that the subsequent trials concerning Muslim Brotherhood members or supporters of former President Mohammed Morsi are carried out in conformity with established international norms.

Libérez Razan Zaïtouneh !

In Current Events, Human Rights, International Justice, Middle East & North Africa, United Nations, War Crimes, World Law on December 19, 2013 at 1:44 PM

-- AWC-UN Geneva Logo --

LES CITOYENS DU MONDE APPELLENT A LA LIBÉRATION IMMÉDIATE DE MAÎTRE RAZAN ZAITOUNEH ET TROIS AUTRES DÉFENSEURS DES DROITS DE L’HOMME CAPTURÉS AVEC ELLE DANS LA SYRIE EN GUERRE

Paris & Genève, le 19 décembre 2013

L’Association of World Citizens (AWC) appelle à la libération immédiate de Madame Razan Zaïtouneh, avocate syrienne des Droits de l’Homme, et de trois autres Défenseurs des Droits de l’Homme (DDH) – Monsieur Wael Hamada, Monsieur Nazem Hamadi et Madame Samira Khalil – qui ont été enlevés avec elle par des inconnus voici dix jours.

Le 9 décembre 2013, ces quatre DDH ont été capturés par des hommes masqués et armés puis conduits en un endroit inconnu, depuis les locaux du Centre pour la Documentation des Violations des Droits de l’Homme en Syrie situé à Douma.

Madame Razan Zaïtouneh défend sans relâche les droits des prisonniers politiques en Syrie. Quand la révolution, qui était au départ non-violente, a éclaté en 2011, elle a fondé les « comités locaux de coordination ». Cette même année, elle a été la lauréate du Prix Anna Politkovskaïa « RAW (Reach of Women) in WAR ».

Active également en tant que journaliste, Madame Razan Zaitouneh observe et informe sur les crimes de guerre et les atteintes aux Droits de l’Homme en Syrie. Dans le courant de cette année, le Prix « International Women of Courage » lui a été décerné pour son travail et ses efforts remarquables.

Depuis le 9 décembre, personne n’a revendiqué l’enlèvement, qui a eu lieu dans une zone où toutes les parties au conflit sont représentées et il est donc impossible de savoir avec certitude pour le compte de qui œuvraient les ravisseurs.

La seule certitude en la matière est que, qui qu’ils soient, les kidnappeurs ont commis un crime de guerre par l’enlèvement délibéré de civils dans un contexte de conflit armé, particulièrement s’agissant de DDH qui sont protégés de manière spéciale par le droit international des Droits de l’Homme.

En conséquence, l’AWC exige la libération immédiate de ces quatre DDH syriens.

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.

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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