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Rapid Ratification Needed of the Treaty on the Prohibition of Nuclear Weapons

In Asia, Being a World Citizen, Conflict Resolution, Environmental protection, Human Development, Human Rights, Humanitarian Law, Solidarity, The Search for Peace, United Nations, War Crimes, World Law on July 19, 2017 at 10:53 AM

RAPID RATIFICATION NEEDED OF THE TREATY ON THE PROHIBITION OF NUCLEAR WEAPONS
By René Wadlow

On July 7, 2017, at the United Nations in New York, a Treaty on the Prohibition of Nuclear Weapons was voted by 122 Member States, one Member State, the Netherlands, voted against, and one Member State, Singapore, abstained. The People’s Republic of Korea (North Korea) was the only nuclear-weapon State to take part in the Treaty Conference and to vote in favor of its adoption. The other nuclear-weapon States did not participate in the drafting of the Treaty.

Immediately after the positive vote, the delegations of the USA, the United Kingdom, and France issued a joint press statement saying that “This initiative clearly disregards the realities of the international security environment… This treaty offers no solution to the grave threat posed by North Korea’s nuclear program, nor does it address other security challenges that made nuclear deterrence necessary.”

Article I of the Treaty sets out its basic intention: to prohibit all activities involving nuclear weapons including to develop, test, produce, manufacture, acquire, possess or stockpile nuclear weapons and to use, threaten to use, transfer, station, install or deploy these weapons.

Ban

The Treaty will be open for signature and thus the start of the process of ratification at the start of the United Nations (UN) General Assembly on September 20, 2017. 50 ratifications are necessary for the Treaty to come into force. September 21 is the World Day for Peace, set by the UN General Assembly in 1981. The theme this year is “Together for Peace: Respect, Safety and Dignity for All”.

The Association of World Citizens (AWC) believes that signing the Treaty on the Prohibition of Nuclear Weapons would be a most appropriate way to mark the Day of Peace and its theme “Together for Peace”. The AWC warmly welcomes the Treaty and expresses its deep appreciation to the UN Secretariat, the delegates of the Member States, and fellow non-governmental organization representatives who have worked to achieve this common goal, an important step toward a world free of the threats posed by nuclear weapons.

World Citizens were among those who called for the abolition of nuclear weapons shortly after their first use on Japan, and many Japanese world citizens have constantly participated in efforts toward their abolition.

Hiroshima_aftermath

On August 6, 1945, an atomic bomb was dropped on the Japanese city of Hiroshima. That was the first ever nuclear attack in U. S., Japanese, and world history. Around 250,000 people were killed in that bomb attack alone. (C) U. S. Navy Public Affairs Resources Website

World Citizens have also stressed that the abolition of nuclear weapons is part of a larger effort of disarmament and the peaceful settlement of disputes. At each 5-year review of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), World Citizens have stressed that Article VI of the NPT has not been fulfilled by the nuclear-weapon States. Article VI says that “Each of the Parties to the Treaty undertakes to pursue negotiations in good faith on effective measures relating to cessation of the nuclear arms race at an early date and to nuclear disarmament, and on a treaty on general and complete disarmament under strict and effective international control.” Unfortunately, the issue of general and complete disarmament and forms of verification and control are no longer topics on the world agenda.

The Treaty on the Prohibition of Nuclear Weapons follows what has been called The Hague Law tradition of the banning of weapons because of their humanitarian consequences, a tradition first stressed in Saint-Petersburg in 1868 and which was at the heart of the two peace conferences of The Hague in 1899 and 1907. This tradition has led to the ban on poison gas by the 1925 Geneva Protocol as well as the more recent bans on chemical weapons, biological weapons, anti-personnel land mines, and cluster munitions. A conference of UN Member States was held in Vienna, Austria on the Humanitarian Consequences of Nuclear Weapons which brought up-to-date the many reports and studies on the impact of the use of nuclear weapons on humans and Nature. Thus the emphasis of the negotiations on the Treaty concerned more humanitarian consequences rather than arms control issues.

World Citizens have always stressed that the abolition of nuclear weapons and other disarmament measures must be accompanied by efforts to strengthen world institutions that can skillfully address conflicts as early as possible. Acting together, all States and peoples can help to define a dynamic vision and program for achieving global security that is realistic and achievable. Progress toward a cosmopolitan, humanist world society requires the development of effective norms, procedures and institutions.

Thus, the start of a speedy ratification procedure of the Treaty on the Prohibition of Nuclear Weapons on September 21, Day of Peace, would be a sign to the peoples of the world that there is at the world level a vision of this crucial step toward a world of peace and justice.

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

A letter to the President to the Turkish Republic

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

-- AWC-UN Geneva Logo --

TRANSMITTED BY FAX AND EMAIL

July 18, 2017

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

Honorable President Erdogan:

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

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

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

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

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

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

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

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

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

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

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

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

Prof. René Wadlow
President

Bernard Henry
External Relations Officer

Cherifa Maaoui
Liaison Officer,
Middle East & North Africa

Noura Addad, Attorney at Law
Legal Officer

The Empty Chair, but Democratic Vistas Radiate

In Asia, Being a World Citizen, Current Events, Democracy, Human Rights, World Law on July 16, 2017 at 10:22 AM

THE EMPTY CHAIR, BUT DEMOCRATIC VISTAS RADIATE

By René Wadlow

Lu Xiaobo

“Ever the undiscouraged, resolute, struggling soul of man,

Have former armies fail’d, then we send fresh armies – and fresh again.”

Walt Whitman, ‘Life’

Liu Xiaobo, Nobel Peace Prize laureate died on July 13, 2017 at age 61 after having been jailed for 11 years for being a chief writer of an appeal for democratic and human rights reforms in China. Concern has been expressed for his wife Liu Xia, who has been under heavy surveillance since the arrest of her husband. To honor his memory, we reprint an essay written at the time of the Nobel ceremony.

The chair for Liu Xiaobo was empty at the Nobel Peace Prize ceremony on December 10, 2010, and there were a few other empty chairs of ambassadors from countries that had been constantly warned by Chinese emissaries that attendance at the ceremony would be considered an unfriendly act. However, the spirits of the armies holding to Democratic Vistas were there. Walt Whitman in Democratic Vistas had denounced the depravity of the business classes and the widespread corruption, bribery, falsehood, and mal-administration in municipal, state, and national government. He was worried about the mal-distribution of wealth and the treatment of the working people by employers. Yet Whitman kept alive his ideal of social and political progress and the possibility of higher consciousness. Likewise, Liu Xiaobo and the other authors of Charter 08 are critical of the current trends of Chinese society but are firm in the hope that “all Chinese citizens who share this sense of crisis, responsibility and mission will put aside our differences to seek common ground to promote the great transformation of Chinese society.

On Christmas Day 2009 a court convicted of “inciting subversion of state power” and sentenced him to 11 years in prison and two additional years of deprivation of political rights. The verdict cited as evidence passages from six essays Liu published online between 2005 and 2007 and his role in drafting Charter 08, an online petition for democratic reform issued on December 9, 2008 which has since been co-signed by some 10,000 persons, mostly Chinese in China. This December 2010, Liu Xiaobo received the Nobel Prize for Peace, though his presence at the ceremony in Oslo was represented by an empty chair.

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In 2010, U. S. Representative Nancy Pelosi, then Speaker of the House, standing before a portrait of Liu Xiaobo.

Liu Xiaobo’s case highlights one of the most crucial challenges facing the emerging Chinese civil society: the limits of freedom of expression. Liu Xiaobo not only offers his criticism of the regime but puts forth proposals to deal with crucial questions facing both the government and society, such as his essays on the future of Tibet.

Liu Xiaobo also reflects on the history of the relationship between the ruler and the ruled and urges the Chinese people to awaken from a supplicant mentality shaped by a historical system continued to the present that has infantilized them. As he wrote, “After the collapse of the Qing dynasty and especially after the CPC came to power, even though our countrymen no longer kowtow physically like the people of old, they kneel in their souls even more than the ancients … Can it be that Chinese people will never really grow up, that their character is forever deformed and week, and that they are only fit to, as if predestined by the stars, pray for and accept imperial mercy on themselves?”

His essays, since he returned to China from a visiting professorship at Columbia University in New York City in May 1989 to participate in the 1989 Democracy Movement, have infuriated the Chinese authorities with his hard, polemical style — “Driven by profit-making above all else, almost no officials are uncorrupted, not a single penny is clean, not a single word is honest … Degenerate imperial autocratic tradition, decadent money-worship, and the moribund communist dictatorship have combined to evolve into the worst sort of predatory capitalism.”

Liu Xiaobo stresses that China’s course toward a new, free society depends on bottom up reform based on self-consciousness among the people, and self-initiated, persistent and continuously expanding non-violent resistance based on moral values. He underlines the importance of New Age values that “Humans exist not only physically, but also spiritually, possessing a moral sense, the core of which is the dignity of being human. Our high regard for dignity is the natural source of our sense of justice.”

He sets out clearly the spirit and methods of non-violent resistance in the current Chinese context. “The greatness of non-violent resistance is that even as man is faced with forceful tyranny and the resulting suffering, the victim responds to hate with love, to prejudice with tolerance, to arrogance with humility, to humiliation with dignity, and to violence with reason. The victim, with a love that is humble and dignified takes the initiative to invite the victimizer to return to the rules of reason, peace, and compassion, thereby transcending the vicious cycle of ‘replacing one tyranny with another’. Regardless of how great the freedom-denying power of a regime and its institutions is, every individual should still fight to the best of his/her ability to live as a free person and make every effort to live an honest life with dignity …”

“The non-violent rights-defense movement does not aim to seize political power, but is committed to building a humane society where one can live with dignity…The non-violent rights-defense movement need not pursue a grand goal of complete transformation. Instead it is committed to putting freedom into practice in everyday life through initiation of ideas, expression of opinions and rights-defense actions, and particularly through the continuous accumulation of each and every rights-defense case, to accrue moral and justice resources, organizational resources, and maneuvering experience in the civic sector. When the civic forces are not yet strong enough to change the macro-political environment at large, they can at least rely on personal conscience and small-group cooperation to change the small micro-political environment within their reach.”

Liu Xiaobo thus joins those champions of nonviolent action such as Martin Luther King and the Dalai Lama who have been recognized by the Nobel Peace Prize. The spirit of the New Age is rising in the East and is manifesting itself in non-violent action to accelerate human dignity— a trend to watch closely and to encourage.

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Note:

The text of the six essays cited in the trial for “inciting subversion of state power” and a translation into English is in the N°1, 2010 issue of China Rights Forum published by Human Rights in China: www.hrichina.org.

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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.

Battle for Raqqa: Protests needed on violations of humanitarian law

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

BATTLE FOR RAQQA: PROTESTS NEEDED ON VIOLATIONS OF HUMANITARIAN LAW

By René Wadlow

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

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

SDF_infantry_in_northern_Raqqa_countryside_(December_2016)

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

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

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

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

YPG-SDF_fighters_near_the_Euphrates_east_of_Raqqa

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

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

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

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

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

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

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

Par Bernard Henry

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

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

Une militante acharnée des Droits de l’Homme

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

FrontLine Defenders

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

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

A l’épreuve de la justice «révolutionnaire»

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

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

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

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

Dans le viseur d’une justice (toujours) politique

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

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

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

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

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

Symbole d’un Etat de droit introuvable

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

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

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

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

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

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

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

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

Korea: Back From the Brink, Small Steps Forward

In Asia, Being a World Citizen, Conflict Resolution, Current Events, Humanitarian Law, The Search for Peace, United Nations, World Law on May 13, 2017 at 9:12 AM

KOREA: BACK FROM THE BRINK, SMALL STEPS FORWARD

By René Wadlow

The election on May 9, 2017 of Moon Jae-in as president of the Republic of Korea may have applied the brakes to a dangerous increase in tensions between the two Koreas, the USA, China, Japan, and Russia. Moon Jae-in, 64 years old, formerly a human rights lawyer, has long been a political figure, having come in second in the 2012 presidential elections just behind Ms. Park Geun-hye, recently ousted on corruption changes, thus provoking early elections. There are 10 or so candidates in the elections for president, the person receiving the highest percentage of votes is elected. Thus the 41% of the votes for Moon Jae-in is a strong victory, due in part to his popularity among young voters and also a reaction to the levels of corruption in the administration of his two predecessors, Park and Lee Myung-Bak.

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Moon Jae-in

Moon follows in the tradition of Presidents Kim Dae-Jung and Roh Mu-hyun. Kim was awarded the Nobel Peace Prize for his “Sunshine Policy” of tension reduction with North Korea. Moon had served as a chief administrator for Roh. During the decade of the Kim and Roh administrations from 1998 to 2007, inter-Korean conciliation and cooperation made unprecedented progress. The high point was the 15 June 2000 North-South Joint Declaration signed in Pyongyang by Kim Jong-Il for the Democratic People’s Republic of Korea and Kim Dae-Jung for the Republic of Korea.

The Declaration set out reunification as a chief goal along with economic cooperation and building “mutual confidence by activating cooperation and exchanges in all fields, social, cultural, sports, public health, environmental and so on.” Furthermore “The North and South agreed to hold dialogues between the authorities as soon as possible to implement the above-mentioned agreed points in the near future.”

While there was a second inter-Korean summit between Kim Jong-Il and Roh Moo-hyun again in Pyongyang in October 2007 reaffirming the spirit of the joint declaration of 2000, the road has been downhill since 2000 to the point that the image of a car stopping just at the brink of a cliff is more than a poetic image.

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Now, there may be a possibility of small steps that build confidence between the two Koreas and that do not overly worry the USA and China who watch events closely and who may do more than watch. The one program that did follow the 2000 Declaration was a greater possibility for short meetings among family members from North and South, many of whom have been divided since the 1950-1953 War. Such meetings do not undermine either system and have a humanitarian character. Cultural cooperation could also be undertaken since cultural events are of short duration. Cooperation for work in industrial zones has had a very up-and-down history and needs to be restarted almost from nothing today.

The one security issue on which some progress might be made concerns the Law of the Sea and the maritime boundaries of the two States, the sea limits having created tense confrontations between North and South Korean war ships in the past.

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It is unlikely that any progress will be made in the foreseeable future concerning de-nuclearization of the Korean Peninsula or unification. Small steps are probably the “order of the day”. However, Track II – informal discussions which are not negotiations but a clarification of possible common interests and areas of joint action- can be helpful.

Relations with the external nuclear powers, USA, China, and Russia, will remain difficult, but the “rules of the game” which have held since 1954 may continue if care is taken to strengthen the modalities of crisis management.

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

May 3: World Press Freedom Day

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

MAY 3: WORLD PRESS FREEDOM DAY

By René Wadlow

 

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

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

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

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

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

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

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

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

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

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.

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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.

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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.

Our Common Oceans and Seas

In Being a World Citizen, Environmental protection, Human Development, International Justice, The Search for Peace, United Nations, World Law on April 24, 2017 at 9:18 AM

OUR COMMON OCEANS AND SEAS
By René Wadlow

“The people of the earth having agreed that the advancement of man in spiritual excellence and physical welfare is the common goal of mankind … therefore the age of nations must end, and the era of humanity begin.”
Preamble to the Preliminary Draft of a World Constitution

The United Nations (UN) is currently preparing a world conference June 5-7, 2017 devoted to the Implementation of Sustainable Development Goal N° 14: Conserve and sustainable use the oceans, seas and marine resources for sustainable development. Nongovernmental Organizations in consultative status with the UN are invited to submit recommendations for the governmental working group which is meeting April 24-27 in New York.

The Association of World Citizens (AWC) has long been concerned with the Law of the Sea and had been active during the 10-year negotiations on the law of the sea during the 1970s, the meetings being held one month a year, alternatively in New York and Geneva. The World Citizen position for the law of the sea was largely based on a three-point framework:
a) that the oceans and seas were the common heritage of humanity and should be seen as a living symbol of the unity of humanity;
b) that ocean management should be regulated by world law created as in as democratic manner as possible;
c) that the wealth of the oceans, considered as the common heritage of mankind should contain mechanisms of global redistribution, especially for the development of the poorest, a step toward a more just economic order, on land as well as at sea.

The concept of the oceans as the common heritage of humanity had been introduced into the UN awareness by a moving speech in the UN General Assembly by Arvid Pardo, Ambassador of Malta in November 1967. Under traditional international sea law, the resources of the oceans, except those within a narrow territorial sea near the coast line were regarded as “no one’s property” or more positively as “common property.” The “no one’s property” opened the door to the exploitation of resources by the most powerful and the most technologically advanced States. The “common heritage” concept was put forward as a way of saying that “humanity” – at least as represented by the States in the UN – should have some say as to the way the resources of the oceans and seas should be managed. Thus began the 1970s Law of the Seas negotiations.

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Ambassador Arvid Pardo

Perhaps with or without the knowledge of Neptune, lord of the seas, the Maltese voted to change the political party in power just as the sea negotiations began. Arvid Pardo was replaced as Ambassador to the UN by a man who had neither the vision nor the diplomatic skills of Pardo. Thus, during the 10 years of negotiations the “common heritage” flame was carried by world citizens, in large part by Elisabeth Mann Borgese with whom I worked closely during the Geneva sessions of the negotiations.

Elisabeth Mann Borgese (1918-2002) whose birth anniversary we mark on 24 April, was a strong-willed woman. She had to come out from under the shadow of both her father, Thomas Mann, the German writer and Nobel laureate for Literature, and her husband Giuseppe Antonio Borgese (1882-1952), Italian literary critic and political analyst. From 1938, Thomas Mann lived in Princeton, New Jersey and gave occasional lectures at Princeton University. Thomas Mann, whose novel The Magic Mountain was one of the monuments of world literature between the two World Wars, always felt that he represented the best of German culture against the uncultured mass of the Nazis. He took himself and his role very seriously, and his family existed basically to facilitate his thinking and writing.

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Elisabeth Mann Borgese

G. A. Borgese had a regular professor’s post at the University of Chicago but often lectured at other universities on the evils of Mussolini. Borgese, who had been a leading literary critic and university professor in Milan, left Italy for the United States in 1931 when Mussolini announced that an oath of allegiance to the Fascist State would be required of all Italian professors. For Borgese, with a vast culture including the classic Greeks, the Renaissance Italians, and the 19th century nationalist writers, Mussolini was an evil caricature which too few Americans recognized as a destructive force in his own right and not just as the fifth wheel of Hitler’s armed car.

G. A. Borgese met Elisabeth Mann on a lecture tour at Princeton, and despite being close to Thomas Mann in age, the couple married very quickly shortly after meeting. Elisabeth moved to the University of Chicago and was soon caught up in Borgese’s efforts to help the transition from the Age of Nations to the Age of Humanity. For Borgese, the world was in a watershed period. The Age of Nations − with its nationalism which could be a liberating force in the 19th century as with the unification of Italy − had come to a close with the First World War. The war clearly showed that nationalism was from then on only the symbol of death. However, the Age of Humanity, which was the next step in human evolution, had not yet come into being, in part because too many people were still caught in the shadow play of the Age of Nations.

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Giuseppe Antonio Borgese

Since University of Chicago scientists had played an important role in the coming of the Atomic Age, G. A. Borgese and Richard McKeon, Dean of the University felt that the University should take a major role in drafting a world constitution for the Atomic Age. Thus the Committee to Frame a World Constitution, an interdisciplinary committee under the leadership of Robert Hutchins, head of the University of Chicago, was created in 1946. To re-capture the hopes and fears of the 1946-1948 period when the World Constitutions was being written, it is useful to read the book written by one of the members of the drafting team: Rexford Tugwell, A Chronicle of Jeopardy (University of Chicago Press, 1955). The book is Rex Tugwell’s reflections on the years 1946-1954 written each year in August to mark the A-bombing of Hiroshima

Elisabeth had become the secretary of the Committee and the editor of its journal Common Cause. The last issue of Common Cause was in June 1951. G. A. Borgese published a commentary on the Constitution, dealing especially with his ideas on the nature of justice. It was the last thing he wrote, and the book was published shortly after his death: G. A. Borgese, Foundations of the World Republic (University of Chicago Press, 1953). In 1950, the Korean War started. Hope for a radical transformation of the UN faded. Borgese and his wife went to live in Florence, where weary and disappointed, he died in 1952.

The drafters of the World Constitution went on to other tasks. Robert Hutchins left the University of Chicago to head a “think tank”- Center for the Study of Democratic Institutions – taking some of the drafters, including Elisabeth, with him. She edited a booklet on the Preliminary Draft with a useful introduction A Constitution for the World (1965) However, much of the energy of the Center went into the protection of freedom of thought and expression in the USA, at the time under attack by the primitive anti-communism of then Senator Joe McCarthy.

In the mid-1950s, from world federalists and world citizens came various proposals for UN control of areas not under national control: UN control of the High Seas and the Waterways, especially after the 1956 Suez Canal conflict, and of Outer Space. A good overview of these proposals is contained in James A. Joyce, Revolution on East River (New York: Ablard-Schuman, 1956).

After the 1967 proposal of Arvid Pardo, Elisabeth Mann Borgese turned her attention and energy to the law of the sea. As the UN Law of the Sea Conference continued through the 1970s, Elisabeth was active in seminars and conferences with the delegates, presenting ideas, showing that a strong treaty on the law of the sea would be a big step forward for humanity. Many of the issues raised during the negotiations leading to the Convention, especially the concept of the Exclusive Economic Zone, actively battled by Elisabeth but actively championed by Ambassador Alan Beesley of Canada, are with us today in the China seas tensions. While the resulting Convention of the Law of the Sea has not revolutionized world politics – as some of us hoped in the early 1970s – the Convention is an important building block in the development of world law. We are grateful for the values and the energy that Elisabeth Mann Borgese embodied and we are still pushing for the concept of the common heritage of humanity.

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

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