The Official Blog of the

Archive for the ‘Refugees’ Category

Highlighting the Need to Combat the Use of Rape as a Weapon of War

In Africa, Conflict Resolution, Current Events, Human Rights, International Justice, NGOs, Refugees, Solidarity, The Search for Peace, Track II, United Nations, War Crimes, Women's Rights, World Law on October 27, 2018 at 2:49 PM

By René Wadlow

The co-laureate of the 2018 Nobel Peace Prize, Denis Mukwege, has become an eloquent spokesperson for the effort to outlaw the use of rape as a weapon of war. Rape has often been considered as a nearly normal part of war. When an army took a city or town, the rape of women followed, a reward to brave soldiers. Military commanders turned a blind eye.

However, whatever may have been past practice, rape has now become a weapon of war, often an effort at genocide. Women’s reproductive organs are deliberately destroyed with the aim of preventing the reproduction of a group – one of the elements of genocide set out in the 1948 Genocide Convention.

Denis Mukwege has created a clinic near Bukavu in South Kivu, Democratic Republic of Congo – a country that is democratic only in name. He and a number of younger doctors whom he was trained try to care for women who have undergone rape by multiple men, one after the other, often in public in front of family members and others who know the woman. Known rape, even by a single person, can be a cause of family breakup, lasting shame, and an inability to continue living in the same village. There are also negative attitudes toward children born of a rape. Multiple rape is often followed by deliberate destruction of the reproductive organs.

Denis_Mukwege_VOA_cropped

The eastern area of Congo is the scene of fighting at least since 1998 – in part as a result of the genocide in neighboring Rwanda in 1994. In mid-1994, more than one million Rwandan Hutu refugees poured into the two Kivu states, fleeing the advance of the Tutsi-led Rwandan Patriotic Front now become the government of Rwanda. Many of these Hutu were still armed, among them the “genocidaire” who a couple of months before had led the killings of some 800,000 Tutsi and moderate Hutu in Rwanda. They continued to kill Tutsi living in the Congo, many of whom had migrated there in the 18th century.

The influx of a large number of Hutu led to a desire to control the wealth of the area – rich in gold, tropical timber and rare minerals such as those used in mobile telephones. In the Kivu, many problems arise from land tenure issues. With a large number of new people, others displaced, and villages destroyed, land tenure and land use patterns need to be reviewed and modified.

However, violence in the eastern Congo is not limited to fighting between Hutus and Tutsis. There are armed bands from neighboring countries – Rwanda, Burundi, Uganda – who have come on the scene attracted by possible wealth from timber and mines of rare minerals. In addition, local commanders of the Congolese Army, far from the control of the Central Government, have created their own armed groups, looting, raping, and burning village homes.

There is a United Nations (U. N.) peacekeeping force in the Congo, the U. N.’s largest peacekeeping mission. However, its capacity has reached its limit. Its operations are focused on areas with roads, leaving villages on small paths largely unguarded.

There has been a growing international awareness of the use of rape as a weapon of war. The issue was raised during the conflicts which followed the breakup of Yugoslavia as well as cases brought to the International Criminal Court. The Association of World Citizens has raised the issue in U. N. human rights bodies in Geneva.

Yet there is much yet to be done to make the outlawing of rape as a norm of humanitarian law and, especially, to prevent its practice. The Nobel Peace Prize to Denis Mukwege should be a strong step forward in this effort.

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

Advertisements

Nadia Murad: A Yazidi Voice Against Slavery

In Being a World Citizen, Current Events, Human Rights, International Justice, Middle East & North Africa, NGOs, Refugees, Religious Freedom, Solidarity, Syria, The Search for Peace, United Nations, Women's Rights, World Law on October 24, 2018 at 9:33 PM

By René Wadlow

Nadia Murad, now a United Nations (U. N.) Goodwill Ambassador on Trafficking of Persons, is the co-laureate of the 2018 Nobel Peace Prize. In 2014, when she was 21, she and her neighbors in a predominantly Yazidi village in the Simjar mountainous area of Iraq were attacked by the forces of the Islamic State of Iraq and Syria (ISIS). These forces were following a pattern of targeted killings, forced conversions to Islam, abductions, trafficking of women, sexual abuse and slavery. In Murad’s village, most of the older men were killed, the younger men taken to be soldiers in the ISIS forces, and the women taken into slavery, primarily as sex slaves, in Mosul, the city which served as the headquarters of ISIS.

There were some 500,000 Yazidi in Iraq though Iraqi demographic statistics are not fully reliable. Yazidi leaders may give larger estimates by counting Kurds who had been Yazidis but had converted to Islam. There had been some 200,000 Yazidis among the Kurds in Turkey but now nearly all have migrated to Western Europe, Australia and Canada. Many of the Yazidi are ethnic Kurds and the government of Saddam Hussein was opposed to them not so much for their religious beliefs but because some Yazidi played important roles in the Kurdish community seen as largely opposed to his government.

Nadia Murad

 

After a time in Mosul, Murad, with the help of a compassionate Muslim family, was able to escape Mosul and make her way to the Iraqi Kurdistan area where many Yazidis from the Sinjar area had already arrived. Once there she joined a newly created association of Yazidi women who had organized to defend their rights and so that the voices of women could be heard. A few of these women were able to be resettled in Western Europe. Nadia Murad was able to live in Germany where she became the spokesperson for Yazidi women and other women who had met a similar fate. In December 2015, she addressed the U. N. Security Council and became the public face both for the Yazidi women and for an even larger number of women victims of the fighting in Iraq and Syria.

The structure of the Yazidi world view 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 darkness. However, the strict dual thinking of Zoroastrianism was modified by another Persian prophet, Mani of Ctesiplon in the third century CE. Mani tried to create a synthesis of religious teachings that were increasingly coming into contact through trade: Buddhism and Hinduism from India, Jewish and Christian thought, 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 more Taoist (yin/yang) character. Mani had traveled in China. He developed the idea of the progression of the soul by individual effort through reincarnation – a main feature of Indian thought.

Yazidi_Girl_tradicional_clothes

Within the Mani-Zoroastrian framework, the Yazidi added the presence of angels who are to help humans in their constant battle for light and good. The main angel is Melek Tavis, the peacock angel. Although there are angels in Islam, angels that one does not know could well be demons, so the Yazidi are regularly accused of being “demon worshipers” (1).

While it is dangerous to fall into a good/evil analysis of world politics, there is little to see of “good” in the ISIS actions. Thus, Nadia Murad can be seen as a bringer of light into a dark time.

 

Note
(1) A Yazidi website has been set up by Iraqis living in Lincoln, Nebraska, USA. The website is uneven but of interest as self-presentation: http://www.yeziditruth.org (“Yazidi” is sometimes written “Yezidi”)

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

Global Compact for Migration: A Necessary First Step

In Being a World Citizen, Current Events, Europe, Fighting Racism, Human Rights, Migration, NGOs, Refugees, Solidarity, Track II, United Nations, World Law on July 15, 2018 at 9:17 PM

By René Wadlow

On July 12, 2018, the United Nations (UN) General Assembly agreed to the text of the Global Compact for Safe, Orderly and Regular Migration after more than a year of discussions among Member States, nongovernmental organizations, academic specialists on migration issues as well as interviews with migrants and refugees.

The discussion had gained visibility in September 2016 at the UN General Assembly which set out the New York Declaration for Refugees and Migrants. As a result, the International Organization for Migration, created in 1951 largely to deal with displaced people after the Second World War, was more formally integrated into the UN “family”.

Antonio Guterres

The UN Secretary-General, Antonio Guterres, welcomed the Global Compact, saying it reflected “the shared understanding by Governments that cross-border migration is, by its very nature, an international phenomenon and that effective management of this global reality requires international cooperation to enhance its positive impact for all. It also recognizes that every individual has the right to safety, dignity and protection.”

M-Lajcak

However, the General Assembly President, Miroslav Lajcak, also indicated the limitations of the agreement saying “It does not encourage migration, nor does it aim to stop it. It is not legally binding. It does not dictate. It will not impose. And it fully respects the sovereignty of States.” The Global Compact will be formally adopted by Member States at an intergovernmental conference in Marrakesh, Morocco on December 10-11. Thus, it is useful to see what the Compact does do and what non-governmental organizations concerned need to do between now and early December.

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

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

Migrants

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

Therefore, the Association of World Citizens, which is in consultative status with the UN, is stressing the need for cooperative efforts carried out in good faith to meet the challenges of worldwide migration and continuing refugee flows. There is a need to look at both short-term emergency humanitarian measures and at longer-range migration patterns, especially at potential climate.

We know that there are governments whose view is that “Yes, there are migrants and refugees, but we do not want them here. Our first and last line of defense is SOVEREIGNTY.” In addition to these governments, there are political parties and groups with a less legalistic line of defense. There are shades of racism and religious prejudice that go from pale to very strongly colored. We can expect these groups to be very active between now and early December to push government to indicate that the Global Compact is not a treaty, is not binding, and will not influence national decision making.

Thus, it is up to those holding World Citizen Values of equality, respect, cooperation and living in harmony with Nature to be even more active before December so that the Global Compact will serve as a framework for governmental and civil society action.

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

Syria: From a ceasefire to comprehensive negotiations?

In Conflict Resolution, Current Events, Middle East & North Africa, NGOs, Refugees, Solidarity, Syria, The Search for Peace, Track II, United Nations on February 27, 2018 at 9:16 PM

By René Wadlow

After multiple delays to reach agreement with the Russian ambassador, on February 24 the United Nations (UN) Security Council adopted a resolution for a 30-day ceasefire “without delay” in Syria. The truce would allow for the delivery of emergency aid and the evacuation of the wounded, including the beleaguered Eastern Ghouta, home to some 350,000 people near Damascus. Now, we need to work to have the ceasefire honored.

Eastern Ghouta is near Damascus and has been a contested zone since early in the 2011 uprising. Ghouta is close enough to Damascus so that opposition mortars can be fired on districts in Damascus – close enough also so that rockets and barrel bombs from government helicopters can increasingly fall on the zone. Hospitals have been hit in Ghouta, probably deliberately.

Afrin, the scene of new fighting, is in the Aleppo Governorate. It has a large Kurdish population. The Turkish government suspects all organized Kurdish groups to be “terrorists” or potential terrorists. Moreover, the demands for independence of the Kurdish Autonomous Administration in Iraq being linked to a possible similar Kurdish zone in Syria is considered by the Turkish government as an active threat to be countered by force. Thus, for the past 10 days, Turkish troops in the misnamed “Operation Olive Branch” have been attacking Afrin and its surrounding area. As an element in complicated Kurdish politics and alliances, a pro-Syrian government Kurdish militia has joined the battle to defend Afrin.

Capture d'écran 2018-02-27 21.37.00

The fighting between Turkey and the YPG in and around Afrin has made the headlines lately. (Screenshot)

It is too early to know if the ceasefire will be respected. There have been ceasefires in the past which did not hold. However, a ceasefire is not an end in itself. It is a time which may create a “breathing space” during which there are potentially increased possibilities for negotiations on the end to the armed conflict which began in the Spring of 2011.

Currently, there are two sets of inter-related but separate official negotiations undertaken. The most comprehensive is that of the UN carried out largely in Geneva but also at times in Vienna. The second is sponsored largely by the Russian Federation with some support at different times from Iran and Turkey. There may be less public discussions carried out in the shadows of the official mediations about which little is made public and which probably involves only a number of the actors in the conflict.

Mediation is the action taken by a third party to facilitate two (occasionally more) hostile parties coming together to negotiate. Mediation is not negotiation. Negotiation is the process of bargaining and compromise by which those directly in conflict can reach an agreement. The function of the mediator is to remove the obstacles to negotiation, in part by bringing the conflicting parties together for direct discussions.

The impartial mediator sees no enemies but only the mental and physical suffering of war, as much among “the aggressors” as among the victims. The hatred and suspicions that nourish the conflict makes the conflict increasingly complicated. Part of the mediators’ task is psychological, to lessen the negative emotions so that a slight change of understanding can occur. But this psychological task must be carried on as though one is discussing political and military issues. Mediators must present their efforts in such a way that they will be listened to, avoiding words or ideas that evoke automatically a hostile response.

luncheon

Left to right: Kofi Annan, Ban ki-moon and Lakhdar Brahimi. Under Ban as Secretary-General of the United Nations, Annan and Brahimi successively served as UN mediators for Syria, both unsuccessfully. (International Peace Institute)

Mediation is an on-going process with many steps both forward and backward. If skillfully carried out, psychological advances may be made; some tensions may be eased, some misconceptions dispelled, some fixed ideas diminished. For parties in a conflict to seek compromise, there needs to be a certain “atmosphere” – an informed public opinion that will accept the compromise and build better future relations based on an agreement.

The official mediator’s role is not to suggest the constitutional or political nature of the settlement to which the protagonists should arrive. The official mediator can only suggest how constitutional structures might be discussed.

It is chiefly on the issue of constitutional structures that there is a difference between efforts carried out by the UN and the Russian Federation and what can be done by a nongovernmental organization such as the Association of World Citizens (AWC). Non-official mediators must be able to speak to the wide range of protagonists in the Syrian-Iraq conflicts without being seen as supporting one faction or another.

The AWC has been concerned with possible con-federal structures for both Syria and Iraq. The AWC has a long-standing interest in helping to develop appropriate constitutional structures for States facing the possibility of prolonged or intensified armed conflicts. An emphasis is placed on the possibilities of con-federation, autonomy, renewal, and trans-frontier cooperation. The AWC continues the con-federal, trans-frontier tradition of the world citizens Denis de Rougemont (1906-1985) and Alexandre Marc (1904-2000) (1). In the recent past, the Association has proposed con-federal structures to deal with conflicts situations in Mali, Ukraine, Myanmar, Sri Lanka, Libya, Sudan and Cyprus.

The AWC has been actively concerned with Kurdistan issues which involves structures of both Iraq and Syria as well as positive cooperation among Kurds living in Iraq, Syria, Turkey, and Iran. While the AWC does not sponsor Kurdish demands as such, we believe that the Kurdish issues in Syria, Iraq and Turkey merit close attention. Con-federation and autonomy are broad concepts, capable of covering a multitude of visions extending from very limited local initiatives to complete control over everything other than foreign policy. The ways in which the elements and patterns of autonomy are put together require political imagination, far-sighted political leadership, a willingness to compromise, and constant dialogue.

Kurdistan_Referendum_and_Independence_Rally_at_Franso_Hariri_Stadium_in_Erbil,_Kurdistan_Region_of_Iraq_03

In September 2017 a majority of Iraqi Kurds voted for independence. Who knows what lies ahead for a historically stateless Kurdish people now? (C) Levi Clancy

There are legitimate fears among some in Syria and also in Iraq that consideration of con-federal structures opens the door to having Syria and Iraq broken into separate zones of influence, dependent on outside powers – the USA, Russia, Iran, Turkey. Thus, we need to stress that autonomy does not mean division. There is also a need to stress trans-frontier cooperation among groups.

Some sectors demanding greater recognition are not primarily geographically based. The Sunni-Shi’a divisions cut across zones though there are zones which have a majority of one particular religious tradition. Religion is not the only dividing factor: Kurd, Turkmen can be considered ethnic factors.

Comprehensive negotiations on the future of Syria and Iraq within the context of the wider Middle East are difficult to organize. It is not sure that the ceasefire in Syria will hold long enough to create an atmosphere leading to serious official negotiations. For those of us in the nongovernmental field, we must use every opportunity to promote a broader, more cooperative framework to consider the challenges and to facilitate serious discussions.

Note:

1) See Christian Roy, Alexandre Marc et la Jeune Europe (Presse de l’Europe, 1998); J. Laubert de Boyle, Les non-conformistes des années 30 (Seuil, 1969); Michel Winock, Esprit. Des intellectuels dans la cité. 1930-1950 (Seuil 1996)

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

Syria Conflicts Highlight Violations of Humanitarian International Law

In Conflict Resolution, Current Events, Human Rights, Humanitarian Law, International Justice, Middle East & North Africa, NGOs, Refugees, Solidarity, The Search for Peace, Track II, United Nations, War Crimes, World Law on February 23, 2018 at 9:58 PM

By René Wadlow

A recent wave of fighting in Syria, especially in the Eastern Ghouta zone near Damascus and in Afrin, a largely Kurdish area near the frontier with Turkey has highlighted the violations of humanitarian international law. Calls from United Nations (UN) officials for at least a month-long truce so that food and medical supplies could reach the civilian population have not been honored. The scale of the violations is such that they can be considered as a deliberate policy and not as events of “collateral damage” in the fog of war. These violations of long-established humanitarian international law are evidence that the laws of war are increasingly being undermined with few governmental reactions.

The Association of World Citizens (AWC) again calls for respect of humanitarian international law and for a world-wide effort for the re-affirmation of humanitarian international law. (1)

TOPSHOT-SYRIA-CONFLICT-KURDS-TURKEY

The Kurdish city of Afrin, in the north of Syria, under heavy shelling by the Turkish army

Eastern Ghouta is near Damascus and has been a contested zone since early in the 2011 uprising. Ghouta is close enough to Damascus so that opposition mortars can be fired on districts in Damascus – close enough also so that rockets and barrel bombs from government helicopters can increasingly fall on the zone. Hospitals have been hit, probably deliberately. Eastern Ghouta is one of the deescalation zones agreed to by Russia, Iran and Turkey. However not all the opposition groups are party to the deescalation agreement which opens the door to ever-escalating violence.

Afrin is in the Aleppo Governorate and in an area with a large Kurdish population. The Turkish government suspects all organized Kurdish groups to be “terrorists” or potential terrorists. Moreover, the demands for independence of the Kurdish Autonomous Administration in Iraq linking to a possible similar Kurdish zone in Syria is considered by the Turkish government as an active threat to be countered by force. Thus, for the past month, Turkish troops in the mis-named “Operation Olive Branch” have been attacking Afrin and its surrounding area. As an element in complicated Kurdish politics and alliances, a pro-Syrian government Kurdish militia has joined the battle to defend Afrin. The dangers of escalation and greater loss of civilian life are very real. For the moment, negotiations on a resolution of the armed conflict within all of Syria seems to be at a dead point, at least in terms of public negotiations.

With the current impossibility to reach an overall resolution to the conflict, the best we can hope for is an honest application of humanitarian international law and a broader, worldwide re-affirmation of humanitarian international law.

1024px-Ghouta_massacre4

Syrian civilians, including children, killed in the first chemical attack on the Ghouta, back in August 2013

Current armed conflicts in Afghanistan, Yemen, Syria-Iraq-ISIS-Turkey, Libya, Somalia and elsewhere have led to repeated and conscious violations of humanitarian international law such as attacks on medical facilities and personnel, killing of prisoners-of-war, the taking and killing of hostages, the use of civilians as “human shields” and the use of weapons which have been banned by treaties.

Thus, there is a pressing need for actions to be taken to implement humanitarian international law in response to increased challenges. Citizens of the World stress the need for a UN-led conference on the re-affirmation of humanitarian international law including its application by non-State parties. Non-State actors such as ISIS or the Afghan Taliban, are increasingly involved in armed conflicts but were largely not envisaged when humanitarian international law was being drawn up by governments Thus, the conference would highlight the need to apply humanitarian international law both to States and to non-State actors. (2)

Such a conference would bring together into a coherent synthesis the four avenues of humanitarian international law: (3)

1) The Geneva Conventions – Red Cross-mandated treaties;

2) The Hague Convention traditions dealing with prohibited weapons, highlighting recent treaties such as those on land mines and cluster munitions;

3) Human rights conventions and standards, valid at all time but especially violated in times of armed conflicts;

4) The protection of sites and monuments which have been designated by UNESCO as part of the cultural heritage of humanity, highlighting the August 2016 decision of the International Criminal Court on the destruction of Sufi shrines in northern Mali. (4)

Such a re-affirmation of humanitarian international law should be followed by efforts to influence public consciousness of the provisions and spirit of humanitarian international law. This can be done, in part, by the creation of teaching manuals for different audiences and action guides. (5)

22805364530_76de57d168_k

A protest by Biafran activists in London on November 13, 2015 (C) David Holt

I would cite a precedent for this re-affirmation of humanitarian international law from personal experience. During the Nigeria-Biafra civil war, I was part of a working group created by the International Committee of the Red Cross to respond adequately to the challenges of this conflict which was the first African armed conflict that did not involve a colonial power. The blocking of food flows to Biafra and thus starvation as a tool of war was stressed in our work. (6)

 

One conclusion of the working group was the need to re-affirm the Geneva Conventions and especially to have them more widely known in Africa by writing Africa-focused teaching manuals. Thus, as at the time I was professor and Director of Research of the Graduate Institute of Development Studies, Geneva, I collaborated with Professor Jiri Toman, Director of the Institut Henri Dunant on the creation of such a manual to be used in Africa. Today, such culturally-sensitive manuals could be developed to explain humanitarian international law.

Such a re-affirmation conference would be welcomed by civil society organizations related to relief, refugees, human rights and conflict resolution. A certain number of these organizations have already called attention to violations and the need for international action. There is a need for some governmental leadership for the re-affirmation of humanitarian international law as a basis of world law dealing with the protection and dignity of each person.

** Notes **

1) Hilaire McCoubrey and Nigel D. White. International Law and Armed Conflict (Aldershot: Dartmouth, 1992)

2) see Andrew Clapham. Human Rights Obligations of Non-State Actors (Oxford: Oxford University Press, 2006)

3) see Sydney D. Bailey. Prohibitions and Restraints in War (Oxford: Oxford University Press, 1972)

4) see Rene Wadlow “Guilty Plea in Cultural Destruction Case” Peace Magazine (Canada) Oct-Dec 2016

5) see Jacques Freymond. Guerres, Révolutions, Croix-Rouge (Geneva: Institut Universitaire de Hautes Etudes Internationales, 1976) and Thierry Hentsch. Face au blocus. La Croix Rouge internationale dans le Nigéria en guerre (Geneva: Institut Universitaire de Hautes Etudes Internationales, 1973)

6) see as a good example of an action guide Paul Bonard. Les Modes d’Action des Acteurs Humanitaires. Critères d’une Complémentarité Opérationnelle (Geneva, CICR, no date given)

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

To Snap Every Yoke: World Law to End Slavery in Libya

In Africa, Being a World Citizen, Conflict Resolution, Current Events, Human Development, Human Rights, International Justice, Middle East & North Africa, Migration, Modern slavery, NGOs, Refugees, Solidarity, The Search for Peace, United Nations, World Law on November 29, 2017 at 4:25 PM

By René Wadlow

“Is not this what I require of you… to snap every yoke and set free those who have been crushed?” Isaiah, 58 v 6

There are many ways that an individual can be held in chains through his desires and emotions. These chains need to be broken by the development of the will and strong efforts of self-realization through mediation and therapy.

However, it is contemporary forms of slavery in its literal and not symbolic sense that must concern us today. The League of Nations on September 25, 1926 facilitated a Convention on Slavery which was a high-water mark in the world-wide consensus on the need to abolish slavery begun some 100 years before by small groups of anti-slavery activists in England, France and the USA. However as with many League of Nations conventions, there were no mechanisms written into the convention for monitoring, investigation and enforcement. Although the Slavery Convention outlawed slavery and associated practices, it not only failed to establish procedures for reviewing the incidences of slavery in States parties, but also neglected to create an international body which could evaluate and pursue allegations of violations.

1926ConventionContreEsclavageBNM11573.png

Within the United Nations (UN) system, there have been advances made, especially in investigation both making public through official UN documents the investigations of nongovernmental organizations (NGOs) and through the work of Special Rapporteurs of UN human rights bodies.

Thus, in a UN report on “Trafficking of Children and Prostitution in India” the authors write “Nepal appears to be the most significant, identifiable source of child prostitution for Indian brothels. Thousands of Nepalese females under the age of 20 have been identified in India by various studies. The average age of the Nepalese girl entering an Indian brothel is said to be 10-14 years, some 5,000-7,000 of them being trafficked between Nepal and India annually.”

Child_Labour_in_Brick_Kilns_of_Nepal

As Professor Vitit Muntarbhorn, a former UN Special Rapporteur on the Sale of Children, has written, “Gender discrimination victimizes the girl child. Precisely because the girl child in seen in some communities as having lower priority, she is often denied access to such basic necessities as education which could ultimately protect her from exploitation. Another disquieting form of discrimination is based upon race and social origin, interwoven with issues of class and caste. It has become increasingly obvious that many children used in labor and sexual exploitation are lured from particular racial or social groups such as hill tribes, rather than the well-endowed groups in power.”

Today, it is the fate of migrants blocked in Libya, forced into forms of slavery one thought had disappeared, which rightly has focused UN and NGO concern. The UN High Commissioner for Human Rights, Prince Zeid Raad Al Hussein, has said that “the suffering of migrants detained in Libya is an outrage to the conscience of humanity.” His evaluation is based in part on the in-depth field investigation of UN teams which have highlighted that the majority of the 34 detention centers in Libya are concentration camps in which abuse, torture, forced work and all sorts of violence are everyday occurrences. Smugglers of people are often free to do as they please with the complicity of police officials at all levels. The risk of women being captured and raped is so high that some women and girls who are often fleeing from conflict conditions in their home countries take massage doses of birth control pills before entering Libya so that they can avoid getting pregnant. However, this can often cause irreversible injuries.

Capture d'écran 2017-11-29 17.20.08.png

There have been reports and filming of “slave auctions” especially in Sabba, the capital of the Fezzan province where routes from Sudan, Chad, and Niger meet and where roads leading north to the Mediterranean start. The UN also has reports from NGOs, especially humanitarian organizations, and from investigators of the International Criminal Court.

The issue which faces us now is what can be done. The League of Nations and the UN anti-slavery conventions are based on the idea that a State has a government. Unfortunately, Libya is a “failed State”. It has two rival governments, a host of armed groups, and more-or-less independent tribes.

The Association of World Citizens has proposed that there could be created a Libyan confederation with a good deal of regional autonomy but with a central government which would be responsible for living up to international treaties and UN standards. For the moment, there has been no progress in that direction or in the direction of any other constitutional system.

Slavery is a consequence of disorder. Without a minimum of legal structure, there will always be those who arise to make short-term gains including by the selling of people. The conscience of humanity of which the High Commissioner for Human Rights spoke must now speak out boldly to break the yoke of slavery. NGOs need to take a lead. Governments are likely to follow.

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

Recent UN Reports Point To Anti-Rohingya Genocide in Myanmar

In Asia, Being a World Citizen, Conflict Resolution, Current Events, Democracy, Human Rights, International Justice, NGOs, Refugees, Religious Freedom, Solidarity, The Search for Peace, Track II, Uncategorized, United Nations, World Law on November 27, 2017 at 8:23 AM

By René Wadlow

Recent reports of October 25, 2017 from the United Nations (UN) High Commissioner for Human Rights based on extensive interviews with Rohingya refugees from Myanmar (Burma) now in Cox’s Bazar area of Bangladesh as well as reports from the World Food Program and UNICEF point to anti-Rohingya genocide in Myanmar without using the “G” word. The High Commissioner for Human Rights, Zeid Ra’ad al Hussein, said that the Rohingya flight was a “textbook example of ethnic cleansing”. The brutal attacks against the Rohingya in Rakhine state have been well organized, coordinated and systematic, with the intent of not only driving the Rohingya population out of Myanmar but preventing them from returning to their home.

The Convention for the Prevention and Punishment of the Crime of Genocide of 1948 requires action on the part of governments once genocide has been determined. Although any State party to the Convention can bring the situation to appropriate UN bodies, no State has ever evoked the 1948 Genocide Convention. However, the Convention is clear that a group need not have been totally destroyed for acts to be considered genocide. Intent is the key concept. Article VIII of the Convention states “Any Contracting Party may call upon the competent organs of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide, or any of the other acts enumerated in Article III.”

The Genocide Convention in its Article III states that the following acts shall be punishable:

a) Genocide

b) Conspiracy to commit genocide

c) Direct and public incitement to commit genocide

d) Attempt to commit genocide

e) Complicity in genocide.

Article IV states that “Persons committing genocide or any of the other acts enumerated in Article III shall be punished whether they are constitutionally responsible rulers, public officials or private individuals.”

Rohingya_displaced_Muslims_021

The Burmese military have since shortly after the independence of the country in 1947 carried on a policy of repression against national minorities advocating independence of their area, later modified to demanding greater autonomy within a federal Union of Burma. The first and second (1974) constitutions of Burma took over the nationalities policy designed by Joseph Stalin when he was Commissioner of Nationalities in the then newly created USSR. A state within the Union would be named after a dominant ethnic group with a larger homeland of provinces for the majority population. Thus, there were seven ethnic minority states: the Chin, Kachin, Karen, Kayah (formerly called Karenni), Mon, Shan, and Rakhine (or Arakan) and seven divisions which are largely inhabited by the majority, sometimes called Burman or Bamar. As in the USSR, states had people other than the dominant nationality which gave its name to the state. Some were ethnic minorities which had always lived there; others were people living there who had moved from elsewhere for work, marriage or other life events. Some were Chinese or Indians who had moved to Burma for economic reasons.

In these conflicts, war crimes have been committed by the military and reported to UN human rights bodies:

a) arbitrary arrest and torture

b) enforced disappearances

c) systematic rape

d) confiscation of property

e) internal displacement of populations.

However, only in the case of the Rohingya can one speak of an intent of genocide – with calls by some nationalists and military to make Myanmar “Rohingya free”. Among the ‘nationalists’, there are ‘Buddhist extremists’. A form of Buddhist influence has grown since 2012 when speech and media restrictions fell away, opening a vacuum that extremists have helped to fill.

rodih01_400.jpg

 

The chief difference between the Rohingya case and those of the national minorities along the Thai and China frontiers is economic. The Burmese military are brutal but also corrupt, especially among the officer corps. The minorities along the Burma-Thai-China frontiers are deeply involved in the trade of drugs, arms, gem stones, timber and the trafficking of women to Thailand and China. There are close economic links between the Thai and Burmese military as well as between the military and the armed insurgencies.

As long as the military get their cut of the income from trade, they are willing to put up with periodic cease-fire agreements, are selective in their scorched earth policy and close their eyes to certain cross-frontier economic measures. Unfortunately for the Rohingya, they live in a poor, subsistence agriculture area next to a poor, subsistence agricultural part of Bangladesh. There might be oil resources off the coast of Rakhine state, but they have not been exploited, and it is not sure that they are really there. Thus, there is no money among the Rohingya with which to bribe the military. The idea of getting rid of the Rohingya is not so wild a dream as most had already been declared as “stateless” in a 1982 citizenship law.

21458141_10212466027940730_8269643013544204944_o

A September rally in Paris to support Myanmar’s Rohingya community

As government representatives are reluctant to raise the issue of genocide, in part for fear that they might have to do something, it has been the representatives of nongovernmental organizations who have publicly highlighted the issue, although no government has followed.

On behalf of the Association of World Citizens, I had raised the issue of genocide concerning the Fur and related groups in the Darfur, Sudan violence. Darfur means “House of the Fur” but there are also other small tribal groups in the area whose way of life may be destroyed by the systematic killing of old persons, those’ who hold tribal history and tribal law in memory – there being no written records.

In 2004, in the UN Sub-commission on the Promotion and Protection of Human Rights, in “Darfur, Sudan: Non-impunity and Prosecutions for Genocide (E/CN.4/Sub/2004/NGO24), I stressed the systematic nature of the violence against the Fur, Massaleit, Zayhawa and Birgit. After citing the evidence from public UN staff reports, I wrote, “The evidence of systematic actions – to quote from Article II of the Genocide Convention – committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group as such – is clear. What is less clear is the determination of UN Member States to act to end this violence. Until now, the efforts of governments in Darfur have been inadequate as reliable reports indicate that human rights violations have grown worse. The Genocide Convention provides an adequate framework for urgent action. Only one State needs to call on the UN to act under Article VIII. We need political will for rapid UN action to stop genocide in Darfur now – and not after it is all over, when the cry will go up, as in the past ‘Never Again!'”

A month after our appeal, the Acting High Commissioner for Human Rights, Dr. Bertrand Ramcharan, firmly stressed the Darfur situation in its harshest light.” First, there is a reign of terror in this area, second, there is a scorched-earth policy, third, there is repeated war crimes and crimes against humanity, and fourth, this is taking place under our eyes.” (Associated Press Report, May 8, 2004).

However, governments were able to avert their eyes, and no government invoked the Genocide Convention. Governments have often been unwilling to use the international legal structures which they themselves have created.

We continue to face the same issue with the massive flight of the Rohingya from Myanmar to Bangladesh and India. The welcome of the Rohingya by these governments has been “cool” if not hostile. It is very likely that a “Rohingya-free” Myanmar has been created as few persons are likely to return to Myanmar. The current challenge is how the Rohingya will be resettled in Bangladesh and India without creating new socio-economic tensions. The wider issue is to what extent are representatives of governments willing to act creatively on the few structures of world law which they have created.

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

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.”

Working_with_UNHCR_to_help_refugees_in_South_Sudan_(6972528722)

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.

South_Sudan_Independence

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.

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

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)

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

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

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

Refugees_are_human_beings.jpg

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.

An_Aerial_View_of_the_Za'atri_Refugee_Camp

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.

Yemen: Effective Humanitarian Aid Depends on a Peace Accord

In Conflict Resolution, Current Events, Human Rights, Humanitarian Law, International Justice, Middle East & North Africa, NGOs, Refugees, The Search for Peace, United Nations, World Law on April 26, 2017 at 10:42 PM

YEMEN: EFFECTIVE HUMANITARIAN AID DEPENDS ON A PEACE ACCORD

By René Wadlow

The United Nations (UN) together with the governments of Sweden and Switzerland which have often led humanitarian issues in the UN system held a high-level pledging conference in Geneva on April 25, 2017 to again draw attention to the deepening humanitarian crisis in war-torn Yemen, currently the largest food security emergency in the world. Some 60% of the population are in a food-insecure situation.

More than 3.5 million people have been displaced in the cycle of escalating violence. “We are witnessing the starving and the crippling of an entire generation. We must act now, to save lives” said Secretary-General Antonio Guterres who presided over the conference. Realistically, he stressed that funding and humanitarian aid alone will not reverse the fortunes of the millions of people impacted. Diplomatically, he called for a cessation of hostilities and a political settlement with talks facilitated by the Special Envoy of the Secretary General, the Mauritanian diplomat Ismail Ould Chekh Ahmed.

António_Guterres_2012

UN Secretary-General Antonio Guterres

UN officials and most diplomats are reluctant to call the armed conflict by its real name: “a war of aggression”. The aggression of the Saudi Arabia-led coalition (Bahrain, Egypt, Jordan, Kuwait, Morocco, Qatar, Sudan, and the United Arab Emirates) against Yemen began on March 24, 2015.

The Saudi-led coalition is helped with arms and “intelligence” by the USA and the UK which appreciate Saudi money for arms and do not want to antagonize a large segment of the Arab world when the conflicts of Syria-Iraq-Kurds-Turkey is still “on the table.”

However, the aggression of the Saudi coalition is what has turned an internal Yemen struggle for power between the current and the former President of Yemen into a war with regional implications, now drawing Iran into the picture.

Intellectually, the “political solution” is clear. There needs to be an end to the Saudi bombing and a withdrawal of its coalition troops. Then, the different factions in Yemen can try to develop some sort of inclusive government. The Swiss Foreign Minister, a co-host of the conference, hinted to the issue in suggesting very briefly that, if asked, Switzerland could provide expertise on forms of decentralization and con-federal government.

Destroyed_house_in_the_south_of_Sanaa_12-6-2015-3

A destroyed house in the south of Sana’a, Yemen.

The effort to create a centralized Yemen government has failed. The future lies in a very decentralized government with great autonomy for the regions, taking into consideration the diverse tribal configuration of the country. With intelligence and patience – always in short supply – a single, highly decentralized State might be developed.

The most difficult first-step is ending Saudi-led aggression, after which an effective humanitarian aid and development program can be put into effect.

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

%d bloggers like this: