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Increased Korean Tensions: Time for Concerted Nongovernmental Efforts

In Asia, Conflict Resolution, Current Events, Korean Peninsula, NGOs, The Search for Peace, Track II, United Nations, World Law on October 1, 2017 at 9:35 AM

By René Wadlow

An escalation of verbal exchanges between the Presidents of the USA and North Korea, missile flights over Japan, United States (U. S.) war planes close to the sea frontier of North Korea – one can hardly think of additional ways that governments can increase tensions short of an armed attack which probably all governments want to avoid. But there are always dangers of events slipping out of control. The Security Council of the United Nations (UN) has voted to tighten economic sanctions on North Korea. However, to date, sanctions have diminished the socio-economic conditions of the majority without modifying government policy.

For the moment, we look in vain for enlightened governmental leadership. The appeals for calm by the Chinese authorities have not been followed by specific proposals for actions to decrease tensions.

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The one positive sign which may help to change the political atmosphere both for governmental negotiations and for Track II (nongovernmental) discussions is the large number of States which have signed the Treaty on the Prohibition of Nuclear Weapons on 20 September, the first day that the Treaty was open for signature. Signature is the first step in the process of ratification. As a light in the darkness, the Holy See (the Vatican) both signed and ratified the Treaty at the same time. Guyana and Thailand also signed and ratified the Treaty, the three first ratifications of the 50 needed for the Treaty to come into force.

The Vatican leads by moral example; its Swiss Guard army is only lightly armed. The Holy See, although a State, is a bridge to the world of nongovernmental organizations (NGO). The torch of action must now be taken up by a wider range of organizations than those, which had been in the lead for the abolition of nuclear weapons. The strength of “one-issue” NGOs is that its message is clear. This was seen in the earlier efforts to ban a single category of weapons: land mines, chemical weapons, cluster munitions and the long-running efforts on nuclear weapons.

Some of us have long worked on the abolition of nuclear weapons. I recall as a university student in the early 1950s, I would cross Albert Einstein who liked to walk from his office to his home. I would say “Good evening, Professor Einstein”, and he would reply “Good evening, young man”. I knew that he had developed some theories, which I did not understand but that were somehow related to atomic energy. I was happy that we were both against atomic bombs under the slogan “One World or None!”.

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The current Treaty on the Prohibition of Nuclear Weapons did not grow from the usual arms control negotiations, such as the Treaty on the Non-Proliferation of Nuclear Weapons or the chemical weapons ban, both of which were negotiated in Geneva, both over a 10-year period. The Nuclear Weapons ban was largely negotiated elsewhere, Vienna and New York, in the humanitarian law tradition of banning weapons that cause unnecessary suffering, such as the ban on napalm after its wide use in the Vietnam War. The contribution of both “ban-the-bomb” groups and the humanitarian organizations such as the International Committee of the Red Cross was great in reaching the successful outcome.

Thus, today, there is a need for a coming together of nongovernmental organizations who are primarily focused on the resolution of armed conflicts such as the International Crisis Group, International Alert, and the Association of World Citizens (AWC) with those groups concerned with the abolition of nuclear weapons. The current Korean tensions are based on the development of nuclear weapons and missile systems and the pressures and threats to prevent their development.

One proposal which seems to me to be a common ground on which many could cooperate has been called a “double-freeze” – a freeze on North Korea’s nuclear-weapon and missile programs with a reciprocal freeze on the yearly U. S.-South Korea war exercises and a progressive reduction of U. S. troops stationed in South Korea and elsewhere in Asia, especially Japan.

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There are also proposals for economic cooperation, greater meetings among separated family members, and cultural exchanges. However, given the heat of the current saber rattling, the “double-freeze” proposal seems to be the one that addresses most directly the security situation. We need to build on this common ground.

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

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As South Sudan Disintegrates, People Move

In Africa, Being a World Citizen, Conflict Resolution, Current Events, Human Rights, Humanitarian Law, Migration, NGOs, Refugees, Solidarity, The Search for Peace, United Nations, World Law on August 28, 2017 at 8:09 PM

By René Wadlow

In an August 17, 2017 call for urgent support, the Office of the United Nations High Commissioner for Refugees (UNHCR) stated “Over the past 12 months, an average of 1,800 South Sudanese have been arriving in Uganda every day. In addition to the million in Uganda, a million or more South Sudanese are being hosted by Sudan, Ethiopia, Kenya, the Democratic Republic of the Congo and Central African Republic. More than 85 per cent of the refugees who have arrived in Uganda are women and children, below age 18 years… Recent arrivals continue to speak of barbaric violence with armed groups reportedly burning down houses with civilians inside, people being killed in front of family members, sexual assaults of women and girls, and kidnapping of boys for forced conscription…Since December 2013, when South Sudan’s crisis erupted in Juba, more than two million South Sudanese have fled to neighboring countries while another two million people are estimated to be internally displaced.”

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With the disappearance of any form of government administration in South Sudan, the country finds itself in what can be called ‘anarchy without anarchists’. There are some school buildings without teachers or students, some medical buildings without personnel or medicine; there are some soldiers but who are not paid and so ‘live off the land’. There are armed bands more or less organized on a tribal basis, but tribal organization has long been weakened beyond repair. All that is left is hatred of other tribal groups. Different United Nations (UN) bodies are active in the country, including a large and costly ‘peacekeeping mission’ (MINUSS), but the UN has so far refused to create a ‘trusteeship’ to try to administer the country. Thus, there are basically only services of the High Commissioner for Refugees, the World Food Program distributing food but very inadequate to meet the food needs, and UNICEF providing some services to woman and children. There is no UN administration of the country as a whole as there is a fiction that a government continues to exist. The same holds true for any form of ‘trusteeship’ by the African Union.

South Sudan has always been more anarchy than administration. During the British colonial period, the areas of South Sudan were administered from Uganda rather than from Khartoum as transportation from the North was always difficult. (1) The independence of Sudan and the start of the civil war came at the same time in 1956. There was a ten-year break in the civil, North-South, war 1972-1983, at which time the war took up again from 1983 to 2005. After 2005, a southern regional government was set up with, in theory, an administration which remained very thin or non-existent outside of the capital Juba and a few larger towns. The churches, mostly Protestant but also some Catholic, provided education and medical services.

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The bitterness of the civil war period was so great that it was felt by many that a unified Sudan was not possible. In 2011, a referendum was held in South Sudan on its future, and there was a massive vote for independence. The Association of World Citizens was one of the nongovernmental organizations invited by the Government of Sudan to monitor the referendum, and we had sent a five-person team. I thought that full independence rather than a form of con-federation was a mistake and that the future would be difficult. However, I did not foresee how difficult it would be.

Now it is difficult to see what can be done. There is only the fiction of a government and no over-all leadership of the armed bands. There are no recognized leaders to carry out negotiations. The churches are the only trans-tribal institutions, though the membership of local churches are usually drawn from a single tribal/ethnic group. There may be times, if one follows Aristotle’s cycle of types of government, when anarchy will give rise to demands for strong leadership, but there are no signs of it yet. For the moment, moving to another country seems like the best hope.

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Note:

(1) See the two-volume history of the administration of Sudan:

M. W. Daly, Empire on the Nile: The Anglo-Egyptian Sudan 1898-1934 (Cambridge: Cambridge University Press, 1986)

M. W. Daly, Imperial Sudan: The Anglo-Egyptian Condominium 1934-1956 (Cambridge: Cambridge University Press, 1991)

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

World Humanitarian Day

In Being a World Citizen, Human Rights, Humanitarian Law, International Justice, NGOs, The Search for Peace, United Nations, War Crimes, World Law on August 21, 2017 at 7:10 PM

By René Wadlow

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

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The United Nations (UN) General Assembly has designated August 19 as “World Humanitarian Day” but celebrated this Monday, August 21, 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 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 an 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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Currently, 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 and the first Red Cross Conventions.

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 protest 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. However, ISIS is not the only group which has violated humanitarian international law.  Government forces such as those of Saudi Arabia fighting in Yemen have attacked medical facilities and civilian targets.

The laws of war, now more often called humanitarian, international 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.

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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.

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 international law.

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

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

Korean Tensions: Confidence-building Measures Needed

In Asia, Conflict Resolution, Current Events, Humanitarian Law, NGOs, The Search for Peace, Track II, United Nations on August 15, 2017 at 9:00 AM

By René Wadlow

In a May 12, 2017 article “Korea: Back from the Brink, Small Steps Forward” I hoped that the May 9 election of Moon Jae-in as President of the Republic of Korea may have applied the brakes to a dangerous increase in tensions between the two Korean States, the USA, China, Japan and Russia. I thought that “there may be a possibility of small steps that build confidence between the two Koreas and that do not overly worry the USA and China who watch events closely and who may do more than watch … It is unlikely that any progress will be made in the foreseeable future concerning denuclearization of the Korean Peninsula or unification. Small steps are probably the ‘order of the day’. However, Track II – informal discussions which are not negotiations but a clarification of possible common interests and areas of joint action – can be helpful.”

Track II efforts have not been on a scale to quell tensions over North Korea’s nuclear weapons and missile advances, and the saber rattling of governments has done nothing to reduce tensions. “Fire and fury like the world has never seen” is probably not the vocabulary that leads to negotiations. Nor is an editorial in the Chinese government English-language newspaper Global Times which quotes a spokesperson saying, “If the US and South Korea carry out strikes and try to overthrow the North Korean regime and change the political pattern of the Korea Peninsula, China will prevent them from doing so”.

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It is hard to know how seriously to take the saber rattling, but the sound is loud enough and the sabers are sharp enough that calmer spirits need to propose confidence-building measures. The Association of World Citizens had proposed to the then Secretary-General of the United Nations, Ban Ki-moon to have a U.N.-led conference to transform the Korean War Armistice of 1953 into a Korean Peace Treaty. Such a Peace Treaty would confirm the international legitimacy of the two Korean States while not preventing at a later date a con-federation or other form of re-unification. Such a conference and Peace Treaty could play an important role in reducing regional tensions. However, such a conference would require a good deal of negotiations as all conditions would have to be agreed upon in advance. Diplomatic conferences “bless” efforts made before in private. A successful diplomatic conference rarely starts from zero.

Another avenue of confidence-building measures is what the University of Illinois psychology professor Charles Osgood called GRIT – Graduated Reciprocation in Tension Reduction. He recommended an incremental series of conciliatory unilateral initiatives. They should be varied in nature, announced ahead of time without bargaining and continued only in response to comparable actions from the other party – a sort of “arms race in reverse”. Unilateral initiatives should, whenever possible, take advantage of mutual self-interest, mutual self-restraints and opportunities for cooperative enterprise.

As Osgood wrote, “The real problem is not the unavailability of actions that meet the criterion of mutual self-interest, but rather the psychological block against seeing them that way. The operation of psycho-logic on both sides makes it difficult for us to see anything that is good for them as being anything other than bad for ourselves. This is the familiar ‘if they are for it, we must be against it’ mechanism”. (1)

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Osgood directed his proposals for dealing with tension reduction so as to ease fear, foster more circumspect decisions in which many alternatives are considered, and modify the perceptual biases that fan the flames of distrust and suspicion. The most favorable feature of the GRIT approaches that it offers a means whereby one party can take the initiative in international relations rather than constantly reacting to the acts of others.

Such GRIT efforts were carried out concerning Korea in the early 1990s between Presidents George H. W. Bush and Kim Il-sung but rarely since. Currently, the governments of Russia and China have proposed a GRIT-type proposal of a “double freeze” – a temporary freeze on North Korea’s nuclear and missile tests in return for a sharp reduction of US military presence in South Korea.

A “double freeze” may be too large a shift at this stage. In my article, I had proposed such steps as increased family contacts, cultural exchanges, increased food aid to the Democratic People’s Republic, a lessening of economic sanctions and an increase in trade.

There is a need to halt the automatic reaction to every provocation, and to “test the waters” for a reduction of tensions. Real negotiations may take some time to put into place, but GRIT-type unilateral measures are a possibility worth trying.

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Note

(1) Charles E. Osgood, An Alternative to War or Surrender (Urbana, IL: University of Illinois Press, 1962).

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

A letter to the President to the Turkish Republic

In Being a World Citizen, Current Events, Democracy, Europe, Human Rights, Middle East & North Africa, NGOs, Solidarity, United Nations, World Law on July 19, 2017 at 8:58 AM

-- AWC-UN Geneva Logo --

TRANSMITTED BY FAX AND EMAIL

July 18, 2017

Hon. Recep Tayyip Erdogan
President of the Turkish Republic
Ankara
Turkey

Honorable President Erdogan:

As a Nongovernmental Organization in Consultative Status with the United Nations (UN) and accredited with the UN Human Rights Council, the Association of World Citizens (AWC) wrote on June 12 expressing concern over the arrest by police of Mr. Taner Kiliç, Attorney at Law, Chair of Amnesty International Turkey.

A month has passed and Attorney Kiliç remains in detention. More preoccupying still, we hear a court in Turkey has just sent six Human Rights Defenders (HRDs) to prison, including Amnesty International’s Turkey Director, Ms. Idil Eser, less than a month after jailing Attorney Kiliç.

It appears that other HRDs have also been arrested, namely Günal Kursun and Veli Acu (Human Rights Agenda Association), Özlem Dalkiran (Citizens’ Assembly), Ali Gharavi, an IT strategy consultant, and Peter Steudtner, a nonviolence and well-being trainer. They are being held pending trial on the suspicion of “assisting an armed terrorist organization”.

Four HRDs were charged but released on bail – Nalan Erkem (Citizens Assembly), Ilknur Üstün (Women’s Coalition), Nejat Tastan (Equal Rights Watch Association) and Seyhmus Özbekli (Rights Initiative).

The AWC is sorry to hear that the Turkish authorities have arrested and jailed these HRDs just when they are needed most. As your country is still trying to make sense of the major constitutional crisis that took place with the failed coup d’état against the democratically-elected government of Turkey last year, there is a need for all positive, useful energies to get involved in the search for a more inclusive, participatory form of governance in Turkey.

We understand that the charges brought against the abovementioned people are related to the Fethullah Gülen Terrorist Organization. While the AWC certainly understands Turkey has been under pressure from terrorist groups for a number of years, especially in connection with the ongoing conflict in Syria where your country supports the people’s democratic revolution, like we do, we believe that charges related to terrorism must not be brought too lightly or quickly against an individual or an association – also bearing in mind the many existing cases throughout the world of HRDs who were branded “supporters of terrorism” only because they had denounced human rights violations by state agents, while they were also being targeted by those very terrorist groups they were being accused of supporting.

A year and a day ago, our President, Prof. René Wadlow, highlighted precisely this phenomenon and the risks induced thereby in an article published in Foreign Policy News. We are attaching a copy thereof for your reference and you can access it online here:
http://foreignpolicynews.org/2016/07/17/prepare-defend-human-rights-turkey/

The AWC believes that Turkey has reached a turning point in its history and a country with as great a culture and past as yours cannot afford to put its future in jeopardy by shutting out – or locking up – people who are so precious to its present and future.

Therefore, we are sure that your Government will make all efforts to immediately and unconditionally release Attorney Taner Kiliç, Ms. Idil Eser, as well as HRDs Günal Kursun, Veli Acu, Özlem Dalkiran, Ali Gharavi and Peter Steudtner.

The AWC further urges you to have all existing restrictions imposed on HRDs Nalan Erkem, Ilknur Üstün, Nejat Tastan and Seyhmus Özbekli lifted.

We thank you very much in advance for bringing Turkey back in line with UN standards.

Please accept, Honorable President Erdogan, the assurances of our highest consideration.

Prof. René Wadlow
President

Bernard Henry
External Relations Officer

Cherifa Maaoui
Liaison Officer,
Middle East & North Africa

Noura Addad, Attorney at Law
Legal Officer

June 20: World Refugee Day

In Being a World Citizen, Conflict Resolution, Current Events, Democracy, Europe, Human Rights, Humanitarian Law, International Justice, Middle East & North Africa, Migration, NGOs, Refugees, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on June 20, 2017 at 8:19 AM

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JUNE 20: WORLD REFUGEE DAY
By René Wadlow

June 20 is the United Nations (UN)-designated World Refugee Day marking the signing in 1951 of the Convention on Refugees. The condition of refugees and migrants has become a “hot” political issue in many countries, and the policies of many governments have been very inadequate to meet the challenges. The UN-led World Humanitarian Summit held in Istanbul, Turkey on May 23-24, 2016 called for efforts to prevent and resolve conflicts by “courageous leadership, acting early, investing in stability, and ensuring broad participation by affected people and other stakeholders.”

If there were more courageous political leadership, we might not have the scope and intensity of the problems that we now face. Care for refugees is the area in which there is the closest cooperation between nongovernmental organizations (NGOs) and the UN system. As one historian of the work of the UN High Commissioner for Refugees (UNHCR) has written “No element has been more vital to the successful conduct of the programs of the UNHCR than the close partnership between UNHCR and the non-governmental organizations.”

Refugee Rights Protest at Broadmeadows, Melbourne

The 1956 flow of refugees from Hungary was the first emergency operation of the UNHCR. The UNHCR turned to the International Committee of the Red Cross and the League of Red Cross Societies which had experience and the finances to deal with such a large and unexpected refugee departure and resettlement. Since 1956, the UNHCR has increased the number of NGOs, both international and national, with which it works given the growing needs of refugees and the increasing work with internally displaced persons who were not originally part of the UNHCR mandate.

Along with emergency responses − tents, water, medical facilities − there are longer-range refugee needs, especially facilitating integration into host societies. It is the integration of refugees and migrants which has become a contentious political issue. Less attention has been given to the concept of “investing in stability”. One example:

The European Union (EU), despite having pursued in words the design of a Euro-Mediterranean Community, in fact did not create the conditions to approach its achievement. The Euro-Mediterranean partnership, launched in 1995 in order to create a free trade zone and promote cooperation in various fields, has failed in its purpose. The EU did not promote a plan for the development of the countries of North Africa and the Middle East and did nothing to support the democratic currents of the Arab Spring. Today, the immigration crisis from the Middle East and North Africa has been dealt with almost exclusively as a security problem.

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Za’atari, Jordan. The biggest refugee camp in the world.

The difficulties encountered in the reception of refugees do not lie primarily in the number of refugees but in the speed with which they have arrived in Western Europe. These difficulties are the result of the lack of serious reception planning and weak migration policies. The war in Syria has gone on for six years. Turkey, Lebanon and Jordan, not countries known for their planning skills, have given shelter to nearly four million persons, mostly from the Syrian armed conflicts. That refugees would want to move further is hardly a surprise. That the refugees from war would be joined by “economic” and “climate” refugees is also not a surprise. The lack of adequate planning has led to short-term “conflict management” approaches. Fortunately, NGOs and often spontaneous help have facilitated integration, but the number of refugees and the lack of planning also impacts NGOs.

Thus, there is a need on the part of both governments and NGOs to look at short-term emergency humanitarian measures and at longer-range migration patterns, especially at potential climate modification impact. World Refugee Day can be a time to consider how best to create a humanist, cosmopolitan society.

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

Battle for Raqqa: Protests needed on violations of humanitarian law

In Conflict Resolution, Current Events, Human Rights, Humanitarian Law, International Justice, Middle East & North Africa, NGOs, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on June 16, 2017 at 9:06 AM

BATTLE FOR RAQQA: PROTESTS NEEDED ON VIOLATIONS OF HUMANITARIAN LAW

By René Wadlow

The battle for Raqqa, a symbolic city for the Islamic State or, under its Arabic acronym, “Daesh” (ISIS/DAESH) in Syria is underway with ever-increasing dangers to civilian populations caught in the cross-fire of ISIS/DAESH and the advancing Kurdish-led Syrian Democratic Forces, supported by air strikes of the United States (U. S.)-led coalition.

The United Nations (UN) Secretariat has raised an alarm concerning the fate of families held by the ISIS/DAESH forces for possible use as “human shields” in the battle for the city of Raqqa held by ISIS/DAESH since 2014. The use of civilians as “human shields” is a violation of the laws of war set out in the Geneva Conventions. ISIS/DAESH leaders have been repeatedly warned by the International Committee of the Red Cross, which, by treaty, is responsible for the respect and application of the Geneva Conventions.

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Infantry soldiers with the Syrian Democratic Forces patrolling the Raqqa countryside in December 2016. (C) VOA

In addition to the families which have been rounded up or are prevented from leaving, there are a large number of children trapped in the city and who may be used in military ways, either to fight or as suicide bombers.

The danger from the disintegrating ISIS/DAESH is that there are no longer the few restraints that existed among some of the ISIS/DAESH leadership for the laws of war. As troops have drawn closer to Raqqa, they have found mass graves with both soldiers and civilians killed. One of the fundamental aspects of the laws of war is the protection of prisoners of war. Once a person is no longer able to combat, he must be treated as a prisoner and no longer a combatant. Not killing a prisoner is a core value of humanitarian law, and ISIS/DAESH has deliberately violated this norm.

There is a real danger that, as the “caliphate” disintegrates and no longer controls territory, ISIS/DAESH will increase terrorist actions and deliberate violations of the laws of war. The Association of World Citizens has stressed that the laws of war have become part of world law and are binding upon States and non-State actors even if they have not signed the Geneva Conventions and the 1977 Additional Protocols. Therefore, the Association of World Citizens (AWC) calls for the re-affirmation of humanitarian international law. The AWC calls to the soldiers and militia members in armed conflicts to refuse orders to violate international law by refusing to use weapons outlawed by international treaties such as chemical weapons, land mines, cluster munitions and white phosphorus munitions. We must defend all who use their individual conscience to refuse to follow orders to violate humanitarian international law

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Fighters with the YPG Kurdish units and the SDF near the Euphrates east of Raqqa. (C) VOA

World law does not destroy violence unless it is bound up with an organized, stable and relatively just society. No society can be stable unless it is broadly based in which all sectors of the population are involved. Such stability does not exist in either Syria or Iraq. However repeated violations of the laws of war will increase the divide among groups and communities.

Only by a wide public outcry in defense of humanitarian law can this danger be reduced. These grave violations by ISIS/DAESH and others must be protested by as wide a coalition of concerned voices as possible. The time for action is now.

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

Let My Children Go: World Efforts to Eliminate the Worst Forms of Child Labor

In Being a World Citizen, Children's Rights, Human Development, Human Rights, International Justice, NGOs, Social Rights, Solidarity, The Search for Peace, United Nations, Women's Rights on June 11, 2017 at 12:10 AM

LET MY CHILDREN GO: WORLD EFFORTS TO ELIMINATE THE WORST FORMS OF CHILD LABOR

By René Wadlow

June 12 is a red-letter day on the United Nations (UN) agenda of events as the World Day Against Child Labor. It marks the June 12 arrival in 1998 of hundreds of children in Geneva, part of the Global March against Child Labor that had crossed a hundred countries to present their plight to the International Labor Organization (ILO).

“We are hurting, and you can help us” was their message to the assembled International Labor Conference which meets each year in Geneva in June. One year later, in June, the ILO had drafted ILO Convention N° 182 on Child Labor which 165 States have now ratified — the fastest ratification rate in the ILO’s history.

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ILO Convention N°182 sets out in article 3 the worst forms of child Labor to be banned:

  1. All forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory Labor, including forced or compulsory recruitment of children for use in armed conflict;
  2. The use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;
  3. The use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;
  4. Work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

The Convention is supplemented by a Recommendation: the Worst Forms of Child Labor Recommendation N° 1999, which provisions should be applied in conjunction with the Convention: “Program of Action (article 6): Among other issues, the situation of the girl child and the problem of hidden work situations in which girls are at special risk are explicitly mentioned; Hazardous work (article 3(d)): In determining the types of hazardous work, consideration should be given, inter alia, to work which exposes children to physical, psychological or sexual abuse.

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The ILO building in Geneva, Switzerland

The ILO is the only UN organization with a tripartite structure, governments, trade unions and employer associations are all full and equal members. Non-governmental organizations (NGOs) within the UN system as a whole played an important role in highlighting children working in circumstances that put their physical, mental and social development at risk, children working in situations where they are exploited, mistreated and denied the basic rights of a human being. Today, millions of children, especially those living in extreme poverty, have no choice but to accept exploitative employment to ensure their own and their family’s survival. However, the ILO is the UN agency most directly related to conditions of work. Thus, the ILO has often been an avenue for ‘unheard voices’ to be heard, usually through the trade union representatives; more rarely the employer representatives have played a progressive role.

Child Labor and the increasing cross-frontier flow of child Labor did not have a high profile on the long agenda of pressing Labor issues until the end of the 1990s. At the start of the 1990s, there was only one full-time ILO staff member assigned to child Labor issues; now there are 450, 90 percent in the field.

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Child Labor was often hidden behind the real and non-exploitative help that children bring to family farms. However, such help often keeps children out of school and thus outside the possibility of joining the modern sector of the economy. The ILO estimates that of some 200 million Child Laborers in the world, some 70 percent are in agriculture, 10 percent in industry/mines and the others in trade and services — often as domestics or street vendors in urban areas. Globally, Asia accounts for the largest number of child workers — 122 million, Sub-Saharan Africa, 50 million, and Latin America and the Caribbean, 6 million. Young people under 18 make up almost half of humanity, a half which is virtually powerless in relation to the other half. To ensure the well-being of children and adolescents in light of this imbalance of power, we must identify attitudes and practices which cause invisibility.

Statistics are only one aspect of the story. It is important to look at what type of work is done and for whom. The image of the child helping his parents on the farm can hide wide-spread bonded Labor in Asia. Children are ‘farmed out’ to others for repayment of a debt with interest. As the interest rates are too high, the debt is never paid off and ‘bonded Labor’ is another term for a form of slavery.

In Africa, children can live at great distances from their home, working for others with no family ties and thus no restraints on the demands for work. Girls are particularly disadvantaged as they often undertake household chores following work in the fields. Schooling for such children can be non-existent or uneven at best. There is often a lack of rural schools and teachers. Rural school attendance is variable even where children are not forced to work. Thus, there is a need for better coordination between resources and initiatives for rural education and the elimination of exploitative child Labor.

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There is still a long way to go to eliminate exploitative child Labor. Much child Labor is in what is commonly called the non-formal sector of the economy where there are no trade unions. Child Labor is often related to conditions of extreme poverty and to sectors of the society where both adults and children are marginalized such as many tribal societies in Asia, or the Roma in Europe or migrant workers in general.

In addition to the worst forms of exploitative child Labor, there is the broad issue of youth training and employment. The challenges ahead are very much a youth challenge. The world will need to create millions of new jobs over the next decade in order to provide employment for the millions of new entrants into the Labor market in addition to creating jobs for the millions of currently unemployed or underemployed youth.

There needs to be worldwide Labor market policies that provide social protection measures, better training for an ever-changing work scene. World Citizens support the demands of decent work for all. We need to cooperate to build economies and societies where young persons participate fully in the present and the future.

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

Najet Laabidi, avocate engagée pour l’Etat de droit en Tunisie

In Democracy, Human Rights, Middle East & North Africa, NGOs, Solidarity, World Law on May 27, 2017 at 8:35 AM

NAJET LAABIDI, AVOCATE ENGAGÉE POUR L’ÉTAT DE DROIT EN TUNISIE

Par Bernard Henry

«L’Etat de droit, ce n’est certainement pas le droit de l’Etat». Le 5 mai dernier, Frédéric Sicard, Bâtonnier de l’Ordre des Avocats de Paris, accueillait dans la bibliothèque du Palais de Justice les élèves-avocats qui venaient de prêter serment en audience solennelle. A deux jours du second tour d’une élection présidentielle de tous les dangers où, comme quinze ans auparavant, le choix allait être entre les valeurs républicaines et l’extrême droite, le premier des avocats parisiens avait pour les nouveaux entrants des paroles très politiques – sans bien sûr l’être tout-à-fait, réserve de l’avocat oblige.

Maître Sicard n’aurait aucune raison de se réjouir, encore moins sa Vice-bâtonnière Dominique Attias, native de Tunis, s’il savait quel est, par-delà la Méditerranée, le sort de sa consœur Najet Laabidi dans cette Tunisie présentée comme le seul et unique succès des révolutions arabes, là où l’Egypte est revenue au point de départ et où Libye et Syrie ont sombré dans le chaos et la guerre.

Une militante acharnée des Droits de l’Homme

Originaire de Siliana, dans le nord-ouest voisin de l’Algérie, Najet Laabidi s’inscrit à la Faculté des Sciences juridiques, politiques et sociales de Tunis, la plus réputée du pays. Elle prête serment en 2008 à Tunis et ouvre son cabinet dans le quartier universitaire d’El Manar.

FrontLine Defenders

Immédiatement, la jeune avocate s’implique dans la défense des Droits de l’Homme. Dans ce qui est encore la Tunisie des Ben Ali-Trabelsi, où les opposants vivent dans la clandestinité ou se retrouvent derrière les barreaux au moindre mot de trop, elle s’engage dans des procès touchant à la liberté d’expression. Ses plaidoiries attirent l’attention d’autres avocats engagés, tels que Khaled Krichi, Mohamed Nouri et Samir Dilou – qui deviendra quelques années plus tard ministre au nom du parti islamiste Ennahda.

Désormais reconnue par ses pairs et camarades de combat, Najet Laabidi rejoint l’association Liberté Equité, dont elle entre bientôt au Conseil d’administration. Puis vient la révolution en 2011, et pour l’avocate, ce n’est que le début du combat.

A l’épreuve de la justice «révolutionnaire»

Le 8 novembre 2011, choisie et contactée pour représenter des victimes de mauvais traitements dans l’affaire Barakat Essahel, l’avocate subit un déluge d’insultes et de menaces de la part de proches d’anciens officiels de l’Etat poursuivis en justice pour avoir torturé des prisonniers politiques sous Ben Ali. D’abord par téléphone avant le procès, puis le jour venu, en pleine salle d’audience.

La police militaire évacue les auteurs des injures et menaces, mais ne lève pas le petit doigt pour protéger l’avocate. Il lui est ordonné de ne pas quitter le prétoire jusqu’à ce que tout le monde soit sorti. Elle décline une proposition de la raccompagner en voiture. Le ton est donné de ce que seront les années qui suivent pour Najet Laabidi.

Quatre ans plus tard, deuxième round. Le 26 novembre 2015, elle plaide lors d’une audience d’opposition contre Ezzedine Jenayeh, ancien Directeur de la Sûreté nationale sous Ben Ali, condamné par contumace pour délit de violences dans l’affaire Baraket Essahel et qui conteste le jugement. D’entrée, la procédure consacre l’arbitraire.

«Quand il a fait opposition, contrairement à la loi et au Code de procédure pénale, il s’est présenté en prévenu libre et la Chambre correctionnelle a refusé la présence des avocats des parties civiles, dans l’ignorance totale du principe du droit à la défense et du procès équitable». La Présidente du Tribunal militaire permanent, Leila Hammami, rejette en bloc les constitutions des parties civiles, niant aux avocats jusqu’au droit de représenter leurs clients. Najet Laabidi et son confrère Abderraouf Ayadi dénoncent des vices de procédure, et aussitôt, Leila Hammami porte plainte contre les deux avocats pour «outrage à un fonctionnaire de l’ordre judiciaire». Rien que ça.

Dans le viseur d’une justice (toujours) politique

Entretemps, aux côtés d’Abderraouf Ayadi, Najet Laabidi est devenue membre de la direction d’un parti politique, Attayar, ou en français, le Courant Démocrate, fondé par l’ancien ministre Mohamed Abbou qui fut lui-même avocat et détenu politique puis gréviste de la faim sous Ben Ali. Et comme par hasard, eux deux et eux seuls sont visés par la plainte.

Ils se retrouvent convoqués le 17 décembre 2015 devant le juge d’instruction du Tribunal militaire permanent de première instance de Tunis. Ils ne vont pas à sa rencontre, demeurant à l’extérieur, entourés de confrères et de sympathisants. Ce sont le Président de la Section des Avocats de Tunis, en quelque sorte le Bâtonnier local de l’Ordre tunisien qui est unitaire et national, et une délégation d’avocats qui se rendent chez le magistrat à leur place par solidarité.

Devant le Tribunal militaire, les deux avocats avaient accusé Leila Hammami de partialité, les propos de Najet Laabidi ayant été filmés puis diffusés sur les réseaux sociaux. «Dans ma vidéo,» rappelle l’avocate, «j’ai évoqué les circonstances de l’impunité, j’ai souligné que le Tribunal militaire ne pouvait pas consacrer les principes d’un procès équitable car, dans ce corps d’Etat, il y a toujours la corruption». Nouvelle plainte de Leila Hammami le 21 décembre 2015, la magistrate versant au dossier un CD de l’enregistrement de Najet Laabidi lui disant ses quatre vérités.

Il n’en faut pas plus au Procureur général près la Cour d’appel de Tunis pour lancer des poursuites sur le fondement de l’Article 128 du Code pénal pour «outrage à un fonctionnaire public». Convoquée le 1er février 2016 devant le juge d’instruction du Tribunal de première instance de Tunis, Najet Laabidi refuse de comparaître. Le 12 octobre 2016, elle est condamnée par contumace à un an d’emprisonnement.

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Informée de sa condamnation seulement le 24 avril dernier, l’avocate y fait opposition. A l’issue de son audience le 10 mai dernier, Najet Laabidi est condamnée à six mois de prison, décision dont elle interjette immédiatement appel. Mais qui n’aurait jamais dû intervenir en premier lieu, puisque ce qu’on lui reproche, outre peut-être son appartenance à un parti politique d’opposition, c’est d’avoir agi comme ce qu’elle est – une avocate.

Symbole d’un Etat de droit introuvable

Poursuivie pour l’exemple, Najet Laabidi l’est sans nul doute. Mais au-delà de l’exemple, de par l’acharnement judiciaire dont elle fait l’objet depuis les premiers mois de la Tunisie du 14 janvier, elle est devenue un symbole. Le symbole d’un Etat de droit que tous appellent de leurs vœux, dont chacun(e) se dit le meilleur espoir pour peu qu’on lui confie le pouvoir, mais qui, dans les faits, plus de six ans après la fuite de Ben Ali et sa famille, demeure introuvable en Tunisie.

Lors des premières poursuites contre Najet Laabidi en 2011, l’Association of World Citizens (AWC) était intervenue auprès des autorités tunisiennes pour la soutenir. Nous l’avons fait cette fois encore, conscients de ce que représentent des poursuites contre un avocat dans un pays qui, six ans et demi après avoir renversé la dictature dans une révolution inattendue du monde, en particulier des «orientalistes», peine encore à asseoir l’Etat de droit. Quel que soit le système juridique que l’on se choisit, jamais un tel résultat ne peut être atteint si l’on ne respecte pas la liberté d’exercice professionnel des avocats.

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Najet Laabidi a elle aussi bien conscience de la portée, bien au-delà du simple cadre judiciaire, du procès en conscience professionnelle dont elle fait l’objet. «Ce dossier démontre que l’impunité persiste, que le système de corruption existe encore, avec l’absence d’une volonté politique d’assurer l’indépendance de la justice ainsi que le respect des avocats et de leur immunité.»

L’avocate ne cache pas son dépit devant les fruits amers d’une révolution saluée de par le monde et qui, selon elle, n’a rien réglé des maux anciens de la Tunisie. «L’Etat de droit réside dans le respect des lois, et surtout, de l’égalité pour tous devant la règle de droit, chose qui n’existe malheureusement toujours pas en Tunisie,» n’hésite-t-elle pas à conclure. «Aujourd’hui, les victimes de la torture, mais aussi celles de la corruption, n’ont pas réussi ni à avoir leurs droits, ni à poursuivre les tortionnaires et les corrompus».

Sous Ben Ali, un silence aussi pesant que feutré entourait les dissidents et défenseurs des Droits de l’Homme pourchassés par le régime. Couronné «rempart contre l’islamisme», l’ancien Premier Ministre de Habib Bourguiba, dont il avait été le «tombeur» en 1987, n’avait rien à craindre des grands de la Méditerranée. Jacques Chirac lui-même avait déclaré à Tunis en 2003 : «Le premier des Droits de l’Homme, c’est de manger», autrement dit, Tunisiens taisez-vous et finissez vos assiettes.

Depuis la révolution, la Tunisie où, jadis, le simple fait d’être membre d’Ennahda faisait de vous un terroriste a connu successivement le retour de bâton islamiste, puis le retour en grâce des anciens du Rassemblement constitutionnel démocratique de Ben Ali à travers le nouveau parti Nidaa Tounes. Les anciens refuzniks non-islamistes, qu’ils se nomment Taoufik Ben Brik, Sihem Ben Sedrine, Radhia Nasraoui ou Hamma Hammami, ont connu, libres et au grand jour, des destins et des fortunes diverses. La Tunisie n’est plus telle que Ben Ali la tenait, mais elle n’est pas pour autant telle que les opposants au dictateur la rêvaient. On y mange moins qu’avant, les prix des denrées alimentaires ayant flambé, et l’on y est à peine plus libre.

Mais l’Etat de droit voulu par la révolution, crié dans les «Dégage !» des Tunisiens à Ben Ali en janvier 2011, vit toujours. Il vit dans l’esprit et le cœur d’une avocate comme Najet Laabidi, dont le prénom signifie «délivrance» et qui, un jour, sera peut-être celle de son peuple en laquelle elle croit tant.

Bernard J. Henry est Officier des Relations Extérieures de l’Association of World Citizens.

May 3: World Press Freedom Day

In Being a World Citizen, Current Events, Human Rights, NGOs, United Nations, World Law on May 2, 2017 at 9:50 PM

MAY 3: WORLD PRESS FREEDOM DAY

By René Wadlow

 

World Press Freedom Day was proclaimed by the United Nations (UN) General Assembly as an encouragement to the independence of journalists and the media, to be celebrated each May 3.  The overall theme proposed for this year is “Critical Minds for Critical Times: The Media’s role in advancing peaceful, just and inclusive societies.”

The Association of World Citizens (AWC) has always stressed the need for an independent media as an important avenue for the creation of a cosmopolitan, humanist world society. Many of the great changes in the world society have been promoted by publications of books and newspapers – the Protestant Reformation, and the American and French Revolutions. Today, we see the great ideological wave of world citizenship as the core of a new world philosophy.  Thus, world citizens have a strong commitment to freedom of expression through both public assemblies and through a free press.

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Today, after decades of conflict when the emphasis of State leaders and the media they controlled was upon competition, conflict, and individual enrichment, world citizens place an emphasis on harmony, cooperation, mutual respect, and working for the welfare of the community.  We know that there are an increasing number of people who realize that harmony is the key to our ascent to the next higher level of evolution: Harmony between intellect and heart, mind and body, male and female, being and doing.  We are fortunate to be able to participate in this crucial moment in world history when there is a passage of consciousness focused on the individual State to a consciousness focused on the unity of humanity and a new relationship of respect for Nature.

What is needed is a vision which inspires us to come together across over different points of view to create a process of healing and social transformation.

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Press freedom in 2016: Freedom is in blue, repression in red.

We are well aware that the media and the new digital technology and social media can be used for negative currents of hatred, racism, and narrow nationalism.  Media can also be used to spread rumors or false information. Moreover, in a large number of countries, the media is under the control of the government or a small number of financial interests.

However, there is also a strong tradition of investigative journalism which has highlighted political and economic corruption.

Only a well-informed population can take its destiny in hand.  We know that the problems confronting humanity are daunting in their depth and complexity.  Yet we also know that the human spirit is endowed with the ability to transform even the most difficult challenges through cooperation for positive change.  Today, we move into the New Age of cooperation and spiritual growth.

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

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