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World Law Advanced by the UN Special Session of the Human Rights Council on Human Rights Violations in Iraq

In Being a World Citizen, Current Events, Human Rights, International Justice, Middle East & North Africa, Religious Freedom, Solidarity, United Nations, War Crimes, World Law on September 3, 2014 at 12:21 AM

WORLD LAW ADVANCED BY THE UN SPECIAL SESSION OF THE HUMAN RIGHTS COUNCIL ON HUMAN RIGHTS VIOLATIONS IN IRAQ

By René Wadlow

 

Two major advancements in the universal application of world law were made by the United Nations (UN) Human Rights Council Special Session in Geneva on September 1, 2014. The Council met in response to widespread and converging accusations of human rights violations in territory in Iraq and Syria under the control of the Islamic State (IS) also called the Islamic State in Iraq and the Levant (ISIL) and the Islamic State in Iraq and Syria (ISIS). I will use the term “Islamic State” which is the title that the movement most often uses now for itself.

For the past several years, the IS was one of a good number of shifting insurgency groups active in Syria in opposition to the government, and it did not receive more attention than any of the other insurgencies. It had no clear political program, and its ideology was not particularly different from that of other Islamist groups. Then suddenly in June 2014, under the leadership of the young Abu Bakr al-Baghdadi, the group shifted its focus from Syria to Iraq. It was able to build on the growing resentment and sentiment of marginalization of the Iraqi Sunnis and the disorganization of the Iraq army to sweep through large parts of western Iraq and eastern Syria. IS’s ideology does not recognize existing nation-states but rather a potentially unified Islamic world. One of its first symbolic moves was to destroy frontier wall and frontier posts on the Iraq-Syria frontier. Thus the name of Islamic State and the title of Caliphate for the area under its control.

In the areas under IS control, IS armed groups have killed prisoners of the Iraqi army and members of religious and ethnic minorities leading to larger scale displacement of people, often to the Kurdish Autonomous Area − some 800,000 during August. The Office of the High Commissioner for Refugees has stated that this is a “humanitarian crisis” and appealed for support from governments and civil society to meet the urgent needs of the displaced. On August 12, 2014, Heiner Beilefeldt, the Special Rapporteur of the Council on Discrimination due to Religion or Belief, warned of the destruction of religious minorities and the UN Committee on the Elimination of Racial Discrimination activated its early warning and urgent action procedures.

During August, IS forces took areas close to the Kurdish Autonomous Area, areas in which there is a large Kurdish-speaking population but is outside the Kurdish Autonomous Area’s boundaries. The Kurdish forces fought back, helped by US bombing missions aimed at IS military equipment and posts. The danger of a military escalation and a spreading of the conflict was (and still is) a real possibility.

Kurdish women fighters in Suleymaniyeh, Iraq. Many people in Kurdistan believe the region owes much of its safety to the efforts of the Peshmerga. (C) BBC News

Kurdish women fighters in Suleymaniyeh, Iraq.
Many people in Kurdistan believe the region owes much of its safety to the efforts of the Peshmerga.
(C) BBC News

Many looked toward the UN Human Rights Council to speak out. Both some governments and nongovernmental organizations (NGOs) urged a Special Session of the Council, the highest profile action which the Council can take. It seems that France took the lead in the effort to get a Special Session. Although a minority of 16 States among the 47 Members of the Council is needed to call a Special Session, diplomatic sense requires that as many States as possible participate in the call and that they would vote positively on the resolution at the end of the Special Session.

In the case of this session, it was agreed by government negotiators to limit the discussion to IS actions in Iraq and not bring up violations in Syria on which governments hold differing views. The negotiators organizing the effort had to have the agreement of Iraq, the concerned State, of Iran which holds the presidency of the Non-Aligned Movement and its 120 members. Iran is also heavily involved in the conflicts of Syria and Iraq. Pakistan needed to agree as Pakistan is the usual spokesperson for the Organization of the Islamic Cooperation. Italy, as current president of the EU had to play a key role.

The President of the Council, Ambassador Baudelaire Ndong Ella, had to be kept informed as the Special Session would be under his leadership.

It is difficult for someone not party to the government private negotiations to know how they are carried out and how the resolution is written, well in advance of the Session itself. In this case, the Ambassador of South Africa felt that he had been left out of the discussions and complained bitterly that the resolution had not been negotiated inclusively and transparently and had appealed to the President of the Council to defer until more time was given to delegates to negotiate the text. His request was turned down, and so South Africa was the only State to say after the resolution was passed by consensus without a vote that had there been a vote, he would have abstained.

As the final resolution is written and agreed upon prior to the start of the Session, all the statements of the Member States of the Council, the Observer States and NGOs are “for the record”. Each State wishes to have been seen as saying something in the very short time that each State is allocated. The factual information was presented at the start of the Session by Ms. Flavia Pansieri, Deputy High Commissioner for Human Rights, and Ms. Leila Zerrougui, Special Representative of the Secretary-General for Children in Armed Conflict. There is therefore a good deal of repetition in what government representatives have to say. There is a story in the United States (U. S.) about a mythical conference of comedians who have heard all the jokes before, so rather than tell a joke, they would just say a number, “Number 10” and everyone would laugh. Along these lines, I have suggested that at the UN a good deal of time could be saved by having all ideas given a number, so the Ambassador could just say, “We believe, 7 9 15, Thank you” and a skilled technician would flash a red light if ever a new idea was mentioned. My suggestion has not yet been acted upon, and so one must listen carefully to “hear between the lines” and see who is saying something different or occasionally saying it very well.

Thus, it was impossible for the Ambassador of Syria not to mention that the IS was also in Syria, which the Canadian Ambassador did as well. Germany mentioned that there were Syrian refugees in Iraqi Kurdistan but did not go into more detail. Cuba and Venezuela mentioned that the problems of Iraq were due to the U. S. invasion of 2003 “responsible or sowing the seeds of death and the social breakdown among the Iraqi people”. Ireland was the one State to mention “open and possibly genocidal attacks on minority communities” but did not mention the 1948 Genocide Convention. Austria spoke of the “total annihilation of minorities” but did not use the term “genocide”. Morocco called or Iraq to become a “cohesive State in which all citizens were equal and enjoyed their human rights.” Malaysia called upon “the voices of moderation to drown out the destructive and divisive voices of extremism and terrorism”. Lebanon called for action by the International Criminal Court (ICC), especially against those bearing passports of States which were party to the Rome Statute setting up the ICC. The Holy See (the Vatican) made a moving call or tolerance and understanding among all religions.

After the speeches “for the record”, what was the action proposal which was an advancement for world law? The action proposal followed a Council pattern but with a significant difference. The Council in the past, following a practice of the earlier Commission on Human Rights, has created “Commissions of Inquiry” also called “Fact-finding Missions”. Currently there are four such Commissions at work: Commission of Inquiry on Human Rights in the Democratic People’s Republic of Korea, the Independent International Commission of Inquiry on the Syrian Arab Republic, the OHCHR Investigation on Sri Lanka, and the Commission of Inquiry on Gaza. Each commission has three, sometimes four people, each from a different geographic zone. The members have usually had experience in UN activities, and the chair is usually someone who has a reputation beyond his UN efforts, such as Mr. Marti Ahtisaari, the former President of Finland who heads the Sri Lanka study.

This sign, here painted in red on a wall with a circle around it, is the letter N in Arabic. When the IS started seizing predominantly Christian-inhabited areas of Iraq by force, its militiamen immediately painted this on houses they knew or thought were owned by Christians, N being for “Nasrani” which is itself the Arabic for “Christian”. A long echo of the Nazis’ practices in pre-World War II Germany, when Hitler’s own militiamen would paint a Star of David on the front door of each Jewish-owned business. That was just before the “Final Solution” which claimed over 6 million lives.

This sign, here painted in red on a wall with a circle around it, is the letter N in Arabic.
When the IS started seizing predominantly Christian-inhabited areas of Iraq by force, its militiamen immediately painted this on houses they knew or thought were owned by Christians, N being for “Nasrani” which is itself the Arabic for “Christian”.
A long echo of the Nazis’ practices in pre-World War II Germany, when Hitler’s own militiamen would paint a Star of David on the front door of each Jewish-owned business. That was just before the “Final Solution” which claimed over 6 million lives.

Since the commissions are usually not welcomed by the government of the country to be studied, the fact-finding is done by interviewing exiles and refugees. NGOs, scholars as well as governments can also provide information in writing. The Commission reports rarely contain information that is not already available from specialized NGOs, journalists and increasingly the Internet. However, the commission reports give an official coloring to the information, and some UN follow up action can be based on the reports.

It takes a good deal of time to put these commissions together as there must be regional balance, increasingly gender balance, and a balance of expertise. Moreover, the people approached to be commission members are often busy and have other professional duties. It can sometimes take a month or more to put together a commission. In light of the pressing need presented by the situation in Iraq, it was decided that the members of the fact-finding group would be members of the Secretariat of the Office of the High Commissioner for Human Rights so that they can get to work immediately.

Inside the Human Rights and Alliance of Civilizations Room of the Palais des Nations in Geneva. Inaugurated in 2008, the room accommodates different United Nations bodies, including ECOSOC and the Human Rights Council. (C) United Nations

Inside the Human Rights and Alliance of Civilizations Room of the Palais des Nations in Geneva.
Inaugurated in 2008, the room accommodates different United Nations bodies, including ECOSOC and the Human Rights Council.
(C) United Nations

For the UN, this is a major step forward and must have led to a good deal of discussion before being presented in the resolution. As it is, India and China objected publicly in official statements just before the final resolution was accepted. Both States maintained that using Secretariat members went beyond the mandate of the Office of the High Commissioner. They were worried by the increasing investigative role of the Office which should be limited only to helping develop national capacity building: Iraq today, Kashmir and Tibet tomorrow. The Indians and the Chinese are probably not the only governments worried, but they were the only States which spoke up on the issue, objecting strongly but saying they would not block consensus on the resolution.

The other advance or world law arising from the Special Session is the principle of the universality of concern and thus of investigation. In no previous case, has the UN looked at the violations within an area not under the control of a Member State. In this case, the investigation concerns actions of a non-state actor who nevertheless controls territory and to some extent administers the territory trying to impose its vision of strict Islamic law. This is a major step forward and has implications or other state entities but which are not members of the UN or recognized by the majority of UN Member States such as Abkhazia, South Ossetia, Transnistra, Nagorno-Karabakh, and if a state were set up in eastern Ukraine.

This principle was stated in a widely distributed text for the Special Session and which will come out as a written NGO statement at the regular session of the Council starting 8 September. With due modesty, I quote from myself:

“The Association of World Citizens believes that world law as developed by the United Nations applies not only to the governments of Member States but also to individuals and non-governmental organizations. The ISIS has not been recognized as a State and is not a member of the UN. Nevertheless the Association of World Citizens is convinced that the terms of the Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief applies to the ISIS and that the actions of the ISIS are, in the terms of the Declaration adopted by the General Assembly on November 25, 1981 ‘inadmissible’.

Citizens of the World stress the need for world law and certain common values among all the States and peoples of the world. We are one humanity with a shared destiny. The challenge before us requires inclusive ethical values. Such values must be based on a sense of common responsibility for both present and future generations.”

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


Iraq: Yazidis’ Genocide?

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

IRAQ: YAZIDIS’ GENOCIDE?

By René Wadlow

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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


Lettre au Ministre des Affaires Etrangères de la République française

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

awc-un-geneva-logo

ASSOCIATION OF WORLD CITIZENS

ASSOCIATION DES CITOYENS DU MONDE

 

The External Relations Desk

 

 

Monsieur Laurent FABIUS

Ministre des Affaires Etrangères de la République française

Ministère des Affaires Etrangères

37 Quai d’Orsay

75700 PARIS

 

 

Le 25 juillet 2014

 

 

Monsieur le Ministre,

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

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

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

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

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

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

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

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

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

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

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

D’une part,

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

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

D’autre part,

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

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

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

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

 

Prof. René Wadlow

Président

 

Bernard Henry

Officier des Relations Extérieures

 

Cherifa Maaoui

Officier de Liaison

Afrique du Nord & Moyen-Orient

 

Noura Addad, Avocat

Officier juridique


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

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

-- AWC-UN Geneva Logo --

ASSOCIATION OF WORLD CITIZENS

THE EXTERNAL RELATIONS DESK

 

July 14, 2014

 

H. E. Mr. Eugène-Richard Gasana

Ambassador, Permanent Representative

of the Republic of Rwanda

to the United Nations

President of the United Nations Security Council

 

Excellency:

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

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

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

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

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

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

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

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

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

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

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

 

Prof. René Wadlow

President

 

Bernard Henry

External Relations Officer

 


Iraq: What does one do with the broken pieces?

In Anticolonialism, Conflict Resolution, Cultural Bridges, Current Events, Democracy, Human Rights, Middle East & North Africa, The Search for Peace, United Nations, War Crimes, World Law on June 23, 2014 at 9:31 PM

IRAQ: WHAT DOES ONE DO WITH THE BROKEN PIECES?

By René Wadlow

 

There is the legendary sign in shops selling china and porcelain “Do not touch; If you break it, you buy it”. The same sign should have been hung at the entry to Baghdad rather than portraits of Saddam Hussein. With Iraq in armed confusion as sectors of the country change side, and the Iraqi government seems incapable of an adequate response other than to call for military help, as concerned world citizens we must ask ourselves “What can we do?”

The forces of the Islamic State of Iraq and Syria (ISIS) have broken down a wall on the frontier between Iraq and Syria as a symbol of abolishing national frontiers to be replaced by a community of the Islamic faithful − the umma. In some ways, we are back to the early days of the post-World War One period when France and England tried to re-structure that part of the Ottoman Empire that is now Iraq, Syria, Lebanon, Israel-Palestine, Jordan, Turkey and an ill-defined Kurdistan.

 

In March 2003 an international "coalition" led by the United States attacked Iraq in violation of international law and overthrew the country's dictator, Saddam Hussein. The problem is that, having acted without prior permission from the Security Council, the "coalition" was never able to garner support from the international community and build a real, stable democracy in Iraq. As a result, a significant part of the country is now in the hands of radical Islamist fighters.

In March 2003 an international “coalition” led by the United States attacked Iraq in violation of international law and overthrew the country’s dictator, Saddam Hussein. The problem is that, having acted without prior permission from the Security Council, the “coalition” was never able to garner support from the international community and build a real, stable democracy in Iraq. As a result, a significant part of the country is now in the hands of radical Islamist fighters.

 

During 1915, Sir Mark Sykes, a Tory Member of Parliament and a specialist on  Turkish affairs and Francois Georges-Picot, a French political figure with strong links to colonial factions in the French Senate negotiated how to re-structure the Ottoman Empire to the benefit of England and France. Although these were considered “secret negotiations” Sykes reported to Lord Kitchener, the War Minister, and Picot had joined the French Foreign Ministry as war service. However, both operated largely as “free agents”. Today Sykes and Picot are recalled for no other achievement than their talent in dividing. The agreement between them was signed in January 1916 but kept in a draw until the war was over. In April 1920 at San Remo, France and England made the divisions official.

History has moved on, but dividing and re-structuring remains the order of the day. The political structures of Israel-Palestine as one state, two states, or one state and occupied territories have confronted the best of mediators − and less talented mediators as well. With the war in Syria continuing, there have been suggestions to divide − or federate − the state into three parts: an Alawite-Shi’ite area, a Sunni area, and a Kurdish area. The same divisions had been suggested for Iraq earlier and are again being discussed in the light of the ISIS advances: a Shi’ite area in the south, Kurds in the north − already largely independent − and Sunnis in the Middle. Lebanon, although not a federal state, is largely structured on sectarian-geographic divisions.

 

In 1916 the Sykes-Picot agreement carved the Middle East into two "spheres of influence", one British, the other French, plus two zones of direct control by either of the colonial powers.

In 1916 the Sykes-Picot agreement carved the Middle East into two “spheres of influence”, one British, the other French, plus two zones of direct control by either of the colonial powers.

 

Constitution-making under duress is not the best way of doing things. Forced federalism presents even more difficulties than creating a federal state when people are not fighting each other. We have seen the difficulties of proposing federal structures for Ukraine, federalism seen by some as a prelude to the disintegration of the state. The difficulties in the wider Middle East are even greater, as we have three states directly involved: Iraq, Syria, Turkey with a well-organized and armed Kurdish community in Iraq and parts of Syria.

The Kurds had expected that a Kurdistan would be recognized after World War One. The issue was raised at a conference to set Middle East frontiers held in June 1923 in Lausanne. The failure of the Kurds to achieve their goal for independence and the forced inclusion of their mountainous homeland within the then newly created states of Iraq, Syria and Turkey caused resentment and unrest. All the Kurds received in 1923 was a pledge to respect minority rights. By 1924, the Turkish government had banned all Kurdish schools, organizations, publications, and religious Sufi brotherhoods. In 1925, there was the first of the Kurdish revolts in Turkey, which, on-and-off, continue to today.

 

The flag of the Kurdish people, a people without a nation, a people without a land, to whom the promises of history ring hollow today more than they ever have. (C) Bernard J. Henry/AWC

The flag of the Kurdish people, a people without a nation, a people without a land, to whom the promises of history ring hollow today more than they ever have. (C) Bernard J. Henry/AWC

 

As outsiders but as specialists in federal forms of government, is there anything which we can do to be helpful? Maps are deceptive, and what is drawn as Shi’ite, Sunni and Kurdish area in Iraq and Syria have, in fact, mixed populations. Nor are religious-sectarian divisions the only lines of fracture.

Nevertheless, discussions among Syrians, Iraqis, Turks, Iranians and outside specialists on forms of government may be of greater use than sending Special Forces as ‘intelligence’ specialists. Such discussions will not be easy to organize or to facilitate but in a period of constitutional disorder and flux, such efforts are necessary.

 

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


Liberating the Young Women Kidnapped by Boko Haram

In Africa, Being a World Citizen, Children's Rights, Conflict Resolution, Current Events, Foundations for the New Humanism, Human Rights, Solidarity, War Crimes, Women's Rights, World Law on May 12, 2014 at 1:53 PM

LIBERATING THE YOUNG WOMEN KIDNAPPED BY BOKO HARAM

By René Wadlow

 

Citizens of the World, motivated by the spirit of compassion symbolized by Kuan Yin appeal to the members of Boko Haram to return the young women taken from the girls’ school in Chibok, northeastern Nigeria.

The actions of Boko Haram undermine the efforts of local and national educational services in Nigeria to overcome the persistent poverty and lack of development in northern Nigeria.

Although the name of the armed group which carried out the kidnapping can be roughly translated as “Western Education is Unlawful” of forbidden, its members know full well that education is neither “Western” or “Southern” but is an effort to train individuals to meet the challenges of life and to develop their full potential as persons. The members of Boko Haram know that education is a crucial need for the development of northern Nigeria and that the education of women is necessary for progress.

Kuan Yin is the bodhisattva (the "compassionate one") associated with compassion as venerated by East Asian Buddhists, usually as a female. The name Guanyin is short for Guanshiyin, which means "Observing the Sounds (or Cries) of the World." (Source: Wikipedia)

Kuan Yin (or Guanyin) is the bodhisattva (the “compassionate one”) associated with compassion as venerated by East Asian Buddhists, usually as a female. The name Guanyin is short for Guanshiyin, which means “Observing the Sounds (or Cries) of the World.” ((c) Wikipedia)

We are sure that many members of the Boko Haram group understand that their actions are morally wrong as well as unlawful under Nigerian law and in violation of the universally-recognized standards of human rights. Thus they will act to return the young women to their home area.

Armed violence will destroy the efforts being made to meet basic needs and to improve the standard of living of all in northern Nigeria. A spirit of compassion should motivate members of Boko Haram to return the young women to their families and to find nonviolent ways to better the lives of all in northern Nigeria.

 

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

Libérez Razan Zaïtouneh !

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

-- AWC-UN Geneva Logo --

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

Paris & Genève, le 19 décembre 2013

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

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

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

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

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

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

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

Release Razan Zaitouneh!

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

-- AWC-UN Geneva Logo --

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

Paris & Geneva, December 19, 2013

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

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

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

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

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

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

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


Can Persistent Racism be a Prelude to Genocide?

In Being a World Citizen, Fighting Racism, Human Rights, International Justice, The Search for Peace, United Nations, War Crimes, Women's Rights, World Law on December 9, 2013 at 1:31 PM

CAN PERSISTENT RACISM BE A PRELUDE TO GENOCIDE?

An Interrogation to Mark the Anniversary of the Genocide Convention

By René Wadlow

December 9 is the anniversary of the 1948 Convention on Genocide, signed at the UN General Assembly held in 1948 in Paris. The Genocide Convention was signed the day before the proclamation on December 10, 1948 of the Universal Declaration of Human Rights. The two texts were much influenced by the Second World War. The crimes of Nazi Germany were uppermost in the minds of those who drafted the Convention in order to deal with a new aspect of international law and the laws of war.

The protection of civilians from deliberate mass murder was already in The Hague and Geneva Conventions of international humanitarian law. However, genocide is different from mass murder. Genocide is the most extreme consequences of racial discrimination and ethnic hatred. Genocide has as its aim the destruction, wholly or in part, of national, ethnic, racial or religious group as such. The term was proposed by the legal scholar Raphael Lemkin, drawing on the Greek genos (people or tribe) and the Latin cide (to kill)[i].

Mass deaths are not genocide. The largest number of deaths since the end of the Second World War was the failure of Chinese agricultural policies between 1958 and 1962 with over 20 million deaths, but the aim was not to destroy the Chinese as a people. Likewise, the destructive famine in Ukraine 1932-1933 with its seven million dead had a political motivation to reduce opposition but not to destroy the Ukrainians as a people. The United States-led war in Vietnam killed some two million Vietnamese, but the aim was not to destroy the Vietnamese as a people.

Genocide in the sense of a desire to eliminate a people has nearly always a metaphysical aspect as well as deep-seated racism. This was clear in the Nazi desire to eliminate Jews, first by forced emigration from Europe and, when emigration was not possible, by physical destruction.

With the horrendous Jewish Holocaust committed by Nazi Germany in mind, on December 9, 1948 the UN General Assembly made genocide the subject matter of the very first human rights instrument created by the World organization, one day before even the Universal Declaration of Human Rights was adopted by the Assembly in Paris.

With the horrendous Jewish Holocaust committed by Nazi Germany during World War II in mind, on December 9, 1948 the UN General Assembly made genocide the subject matter of the very first human rights instrument created by the World organization, one day before even the Universal Declaration of Human Rights was adopted by the Assembly in Paris.

We see a desire to destroy totally certain tribes in the Darfur conflict in Sudan that did not exist in the much longer and more deadly North-South Sudan Civil War (1956-1972, 1982-2005). Darfur tribes are usually defined by “blood lines” — marriage and thus procreation is limited to a certain population, either within the tribe or with certain other groups with which marriage relations have been created over a period of time. Thus children born of rape — considered ‘Janjaweed babies ‘— after the government-sponsored Janjaweed militias— are left to die or are abandoned. The raped women are often banished or ostracized. By attacking both the aged, holders of traditional knowledge, and the young of child-bearing age, the aim of the destruction of the continuity of a tribal group is clear.

We find the same pattern in some of the fighting in the eastern provinces of the Democratic Republic of Congo where not only are women raped but their sexual organs are destroyed so that they will not be able to reproduce.

Thanks to the efforts of Raphael Lemkin, the international community does have a legal instrument to deal with genocide and punish perpetrators whenever necessary. The only trouble is that in this day and age, "genocide" has still not become an anachronism in global affairs.

Thanks to the efforts of Raphael Lemkin, the international community does have a legal instrument to deal with genocide and punish the perpetrators thereof. It is a shame, though, that in this day and age, “genocide” has still not become an anachronism in global affairs.

Article VIII of the Genocide Conventions provides that “Any Contracting Party may call upon the Competent Organs of the United Nations to take such action under the Charter of the UN as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III”. Unfortunately no State has ever done so.

Thus we need to look more closely at the ways in which deep-set racism and constant and repeated accusations against a religious, ethnic or social category can be a prelude to genocide.

 

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

 

[i] Raphael Lemkin, Axis Rule in Occupied Europe (Washington: Carnegie Endowment for World Peace, 1944)

For good overviews see:

Walliman and Dobkowski (Eds), Genocide and the Modern Age (New York: Greenwood Press, 1987)

F. Chalk, K. Jonassohn, The History and Sociology of Genocide (New Haven: Yale University Press, 1990)

G.J. Andreopoulos (Ed), Genocide Conceptual and Historical Dimensions Philadelphia (University of Pennsylvania Press, 1994)

Samantha Power, A Problem from Hell: America and the Age of Genocide (New York: Basic Books, 2002)

John Tirman, The Death of Others (New York: Oxford University Press, 2011)

The UN and the Disappearing State of the Central African Republic

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

THE UN AND THE DISAPPEARING STATE OF THE CENTRAL AFRICAN REPUBLIC

By René Wadlow

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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