ANTI-CORRUPTION WATCHDOG TO JOIN UN-BACKED GENOCIDE COURT IN CAMBODIA

The United Nations and Cambodia have announced an agreement to establish an anti-corruption watchdog to oversee the tribunal set up to bring to justice the perpetrators of the country's notorious 'killing fields' genocide over three decades ago.

The Extraordinary Chambers in the Courts of Cambodia (<"http://www.eccc.gov.kh/english/">ECCC), set up in 2003 by the UN and Cambodia and staffed by local and international employees, is tasked with trying senior leaders and those most responsible for serious violations of Cambodian and international law committed during the Khmer Rouge rule from 1975 and 1979.

Designating an Independent Counsellor "represents a further step to help strengthen the human resources management in the entire ECCC administration, including anti-corruption measures," according to a joint statement issued today in Phnom Penh, the capital, by UN Assistant-Secretary-General for Legal Affairs Peter Taksøe-Jensen and Cambodian Deputy Prime Minister Sok An.

The new office will "ensure the requirements of due process of law, including full protection of staff on both sides of the ECCC against any possible retaliation for good faith reporting of wrongdoing," the statement added.

"In this context, the Independent Counsellor will be available to all staff to bring forward any concerns confidentially, and will be empowered to address such concerns."

The tribunal is staffed by a mixture of Cambodian and international employees and judges, and there are two prosecutors: Robert Petit, who is stepping down as International Co-Prosecutor on 1 September, and Chea Leang, who is Cambodian.

Estimates vary, but as many as 2 million people are thought to have died during the rule of the Khmer Rouge, which was then followed by a protracted period of civil war in the impoverished South-East Asian country.

Currently there are two cases before the court, including the trial of Kaing Guek Eav, also known as "Duch," who is charged with crimes including torture and premeditated murder while he was in charge of the renowned S-21 detention camp. Nuon Chea faces charges of having planned and ordered the murder, torture and enslavement of civilians.

Aegis calls on Govt to adopt Parliament's recommendations on 'impunity gap' for genocide suspects in UK

In a report released today, the Parliamentary Joint Select Committee on Human Rights says inconsistencies in the way the UK applies international law have created an “impunity gap” for perpetrators of genocide, war crimes and crimes against humanity. It commends the Government's recent decision to amend to legislation to partially address the problem, but calls for it to close remaining loopholes in the law and to re-establish a specialist war crimes unit to investigate people in the UK who are suspected of such offences.

Under the law as it stands, no-one in the UK can be prosecuted for war crimes in internal armed conflicts, genocide or crimes against humanity committed before 2001. Even if people here are suspected of committing such offences since 2001, they can only be prosecuted if legally resident here, not merely if they are present in the country (for eg., visiting on a student or business visa).

The Aegis Trust worked with MPs and Lord Carlile QC, Lord Falconer QC and Baroness D’Souza to prepare amendments to the Coroners and Criminal Justice Bill which would have closed these loopholes. Tabled in the House of Lords, they triggered the Government’s decision last month to extend jurisdiction of UK courts to prosecute international crimes as far back as 1991.

As the Committee points out, however, this only takes jurisdiction back to the date on which Crimes Against Humanity became recognised as crimes in international law. It argues for jurisdiction on genocide and war crimes in internal armed conflicts to be extended back to the dates on which they were recognised in international law (e.g. 1948 for genocide).

The Committee also supports Aegis’ call for replacement of the ‘residence’ test with a simple ‘presence’ test, so that anyone present on UK soil could be subject to jurisdiction on international crimes, not only those who are legally resident. This is the test used by other common law countries such as Canada, the US, New Zealand, South Africa.

“The Aegis Trust is delighted that the Joint Committee on Human Rights has adopted all of our recommendations for strengthening UK law in this area,” says Aegis’ Head of Campaigns Nick Donovan, whose evidence is quoted in the Committee’s report. “We too commend the Government for the bold progress made last month, and call on it to finish the job by closing remaining legal loopholes which benefit suspected war criminals in the UK.”

In June Aegis published a report that brought together, for the first time, details of people entering the UK who are suspected of international crimes. The report examines 18 cases, including those of suspected genocidaires from Rwanda, alleged torturers from Zimbabwe, Iraq, Liberia and the Congo, and alleged war criminals from Afghanistan, Sudan, Sierra Leone and Sri Lanka. They include such people as a Lieutenant Colonel from KHAD, the Soviet-era Afghan government’s secret police; an alleged Tamil Tiger assassination hit squad driver, and a member of Sierra Leone’s ‘Mosquito’ rebel group, notorious for murder, rape, looting, burning, sexual slavery and forced amputations.

The Joint Committee’s report comes at a time when the workload of the UK Border Agency’s war crimes team is increasing. Several weeks ago, the Government revealed that in the first six months of 2009, recommendations of immigration status refusal following investigation were up four-fold on the preceding four years. Since 2004, there have been 421 cases where immigration action was recommended and 30 cases where the matter was referred was made to the police. How many of these people are currently at large in the UK is unclear.

BAN OUTLINES STEPS TO TURN PROMISE OF ‘RESPONSIBILITY TO PROTECT’ INTO PRACTICE

Secretary-General Ban Ki-moon today outlined a series of measures designed to prevent genocide, war crimes, ethnic cleansing, and related crimes against humanity, stressing "it is high time to turn the promise of the responsibility to protect into practice."

Agreed to by world leaders in 2005, the 'responsibility to protect' – sometimes known as 'R2P' – holds States responsible for shielding their own populations from genocide and other major human rights abuses and requires the international community to step in if this obligation is not met.

"This universal and irrevocable commitment was made at the highest level, without contradiction or challenge. Our common task now is to deliver on this historic pledge to the peoples of the world," Mr. Ban told the General Assembly, as he presented his latest report on the issue.

The proposals contained in the report, which the 192-member Assembly will consider tomorrow, rest on three pillars: State responsibility; international assistance and capacity-building; and timely and decisive response.

"First, the report seeks to situate the responsibility to protect squarely under the UN's roof and within our Charter, where it belongs," said Mr. Ban. "By developing fully UN strategies, standards, and processes for implementing the responsibility to protect, we can discourage States or groups of States from misusing these principles for inappropriate purposes."

The report also asserts that prevention should be "job number one," and offers a "balanced and nuanced" approach to prevention and protection that utilizes the full inventory of tools available to the UN and its partners, he stated.

In addition, the report proposes engaging Member States in a discussion about how to sharpen UN capacities for early warning and assessment. "When prevention fails, the United Nations needs to pursue an early and flexible response tailored to the circumstances of each case," said the Secretary-General. "Military action is a measure of last, not first, resort and should only be undertaken in accordance with the provisions of the Charter."

Lastly, the report seeks to encourage each of the UN's principal organs to play its distinct and appropriate role under the Charter in developing and implementing the responsibility to protect.

Mr. Ban asked States to let the Assembly do what it does best: to provide the venue for a continuing search for common ground on a multilateral strategy to protect the world's people from what he described as "massive affronts to human dignity."

He also urged that the victims of such atrocities and crimes, who number in the millions, not be forgotten. "Those losses have permanently stained the history of the 20th century. Together, in this century, we can chart a different course," he stated.

"Never forget, too, the complacency and cynicism that often prevented this Organization from acting as early or as effectively as it should have," he added. "Our publics judged us then, and found us wanting. They will be watching again this week, and they will – rightfully – judge us harshly if we treat these deliberations as politics as usual."
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BAN PAYS TRIBUTE TO LATE RIGHTS ACTIVIST WHO SPOTLIGHTED HORRORS OF RWANDAN GENOCIDE

BAN PAYS TRIBUTE TO LATE RIGHTS ACTIVIST WHO SPOTLIGHTED HORRORS OF RWANDAN GENOCIDE
New York, May 21 2009 1:00PM
Secretary-General Ban Ki-moon today paid tribute to the late Alison des Forges, a human rights campaigner who worked unrelentlessly to document the horrors of the 1994 Rwandan genocide and bring those behind the slaughter to justice.

April 1994 saw the beginning of a slaughter in the tiny East African country in which more than 800,000 ethnic Tutsis and Hutu moderates died, mostly by machete, during a period of less than 100 days.

"The repercussions of the slaughter that traumatized Rwanda travelled far beyond its borders and reverberate to this day," Mr. Ban said in a <"http://www.un.org/apps/sg/sgstats.asp?nid=3871">message to a memorial service for Ms. des Forges, one of the world's foremost experts on the genocide, who died in a plane crash in New York in February.

He said he draws his strength to ensure that victims' rights are respected from the late expert, who was the senior advisor for the Africa division of the non-governmental organization Human Rights Watch at the time of her death.

"She worked tirelessly to document the atrocities and bring the perpetrators to justice, and made a significant contribution to the International Criminal Tribunal for Rwanda [<"http://69.94.11.53/default.htm">ICTR] and related judicial proceedings," the Secretary-General said. "That she campaigned for justice impartially, without fear or favour, earned her some enemies, but many more allies."

Ms. des Forges, who began her work on Rwanda as a student, spent four years interviewing both organizers of the genocide and those targeted for extermination. She appeared as an expert witness in 11 trials for genocide at the ICTR, as well as for trials in Belgium, Switzerland, the Netherlands and Canada, as well as giving evidence to expert panels of the UN, the United States Congress and the French National Assembly, among others.

"Thanks in large part to the commitment of people like Alison des Forges, the world is better equipped to hold despots and war criminals to account," Mr. Ban said.

"She was a resolute advocate for the fundamental principle that everyone has the right to life, liberty and security of person," he added. "The world will miss her insight, courage and dedication."
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UN TEAM PROBING RIGHTS VIOLATIONS IN GAZA CONFLICT WRAPS UP FIRST MEETING

UN TEAM PROBING RIGHTS VIOLATIONS IN GAZA CONFLICT WRAPS UP FIRST MEETING
New York, May 8 2009 12:00PM
Members of the fact-finding mission set up by the United Nations Human Rights Council to probe rights violations during the recent conflict in the Gaza Strip wrapped up a week-long meeting in Geneva today.

The four-person team is led by the former prosecutor for International Criminal Tribunals for the former Yugoslavia and Rwanda, Richard Goldstone of South Africa, who stressed the law-based approach the mission will take in preparing its report to the Geneva-based Council.

"I would like to emphasise that we will focus our investigation not on political considerations, but on an objective and impartial analysis of compliance of the parties to the conflict with their obligations under international human rights and humanitarian law, especially their responsibility to ensure the protection of civilians and non-combatants," he stated.

"I believe that an objective assessment of
the issues is in the interests of all parties, will promote a culture of accountability and could serve to promote greater peace and security in the region."

During their week-long session, the team held initial meetings with a broad cross-section of stakeholders, including Member States and representatives of the UN and non-governmental organizations. It also established terms of reference and a three-month programme of work.

The mission intends to conduct visits to affected areas of Southern Israel and the occupied Palestinian territories, including Gaza, and has requested the cooperation of the Government of Israel in this regard, according to a news release.

The other members of the team include Christine Chinkin, Professor of International Law at the London School of Economics and Political Science at the University of London; Hina Jilani, Advocate of the Supreme Court of Pakistan and former Special Representative of the Secretary-General on Human Rights Defenders; and Colon
el (retired from the Irish Armed Forces) Desmond Travers, member of the Board of Directors of the Institute for International Criminal Investigations (IICI).

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UN REPORT HIGHLIGHTS ‘SHRINKING SPACE’ FOR PALESTINIANS IN BETHLEHEM

UN REPORT HIGHLIGHTS 'SHRINKING SPACE' FOR PALESTINIANS IN BETHLEHEM
New York, May 7 2009 4:00PM
Israeli measures have reduced the amount of land available in Bethlehem for Palestinian use, limited the area's access to resources and restricted its potential for development, the United Nations Office for the Coordination of Humanitarian Affairs (<"http://ochaonline.un.org/">OCHA) says in a new report.

"Shrinking Space: Urban Contraction and Rural Fragmentation in the Bethlehem Governorate," examines how Israeli measures – such as the Barrier, settlements and closures – have impacted Palestinian livelihoods, development and residential expansion in Bethlehem, which comprises approximately 660 kilometres.

"The space available to the Palestinian population in the Bethlehem governorate has been significantly constricted by Israeli measures such as the continued expansion of Israeli settlements and their outposts," states the <"http://www.ochaopt.org/documents/ocha_opt_bethlehem_shrinking_space_may_2009_english.pdf">report.

These measures have reduced Bethlehem's development space, limited its access to resources, severed Bethlehem's historic links to Jerusalem and restricted the urban area's potential for residential and industrial expansion, it adds.

The report notes that the traditional mainstays of the Bethlehem economy such as work in Israel, tourism, agriculture herding and the private sector have been undermined.

Only 13 per cent of land in Bethlehem is available for Palestinian use, and much of it is fragmented, the report shows. In addition, Israel retains security control and jurisdiction over building and planning in 66 per cent of the governorate.

Also, the Barrier route in Bethlehem reaches 10 kilometres into the West Bank. If completed, it will cut off some of the most fertile cultivated land in the governorate as well as 21,000 Palestinian villagers from the urban centre, according to the report.

As of now, the report says, around 175,000 Palestinians live in the Bethlehem governorate. Since 1967, some 86,000 Israelis have also been settled there, and they live in 19 settlements and 16 settlement outposts.

OCHA also outlines steps that can be taken to prevent further deterioration, including halting construction of the Barrier inside the West Bank, opening closed military areas and nature reserves for sustainable Palestinian development, and freezing settlement construction.
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The Power of Horror in Rwanda

Fifteen years ago, efforts at genocide killed about 800,000 Rwandans. Now that tragedy is providing the government with a cover for repression.

by Kenneth Roth

During a gruesome three months in 1994, about 800,000 Rwandans were murdered as part of a calculated effort by a group of Hutu extremists to eradicate the country's Tutsi population.

The genocide ended only with the military victory of the Rwandan Patriotic Front, a rebel group founded by Rwandan exiles who ousted the Hutu extremists. The front's austere and savvy commander, Paul Kagame, now serves as Rwanda's president.

In the 15 years since the extremist government was ousted, Rwanda has become an island of stability in a volatile region. The economy is booming, the distinction between Hutu and Tutsi is officially downplayed, and ethnic and political violence has been largely eradicated. Kigali, the capital of a country that likes to portray itself as the Switzerland of Africa, is orderly and manicured.

But Rwanda has a long way to go. Despite the facade of occasional elections, the government essentially runs a one-party state. And ironically, it is the genocide that has provided the government with a cover for repression. Under the guise of preventing another genocide, the government displays a marked intolerance of the most basic forms of dissent.

There is no meaningful opposition. The press is cowed. Nongovernmental organizations are under attack. When parliamentary elections held last September produced a whopping 92% victory for Kagame's ruling party, evidence collected by the European Union and Rwandan monitors suggested that the government actually inflated the percentage of opposition votes so as to avoid the appearance of an embarrassing Soviet-style acclamation.

One tool of repression has been the gacaca courts -- informal tribunals run without trained lawyers or judges -- which the government established at the community level to try alleged perpetrators of the genocide. The original impetus was understandable: Rwandan prisons were overpopulated with tens of thousands of alleged genocidaires and no prospect of the country's regular courts trying them within any reasonable time. The gacaca courts provided a quick, if informal, way to resolve these cases. In theory, members of the community would know who had or had not been involved in the genocide, but in reality the lack of involvement by legal professionals has left the proceedings open to manipulation.

Today, 15 years after the genocide, people are still coming forward and accusing their neighbors of complicity in it, suggesting that gacaca has morphed into a forum for settling personal vendettas or silencing dissident voices. The prospect of suddenly being accused of past participation in the genocide, with little legal recourse against concocted charges, is enough to make most people keep their heads down in the political arena.

The government says it will close the gacaca courts in June. But the government has another tool of control -- the crime of "genocide ideology." Formally adopted last year, the law outlawing "genocide ideology" is written so broadly that it can encompass even the most innocuous comments. As many Rwandans have discovered, disagreeing with the government or making unpopular statements can easily be portrayed as genocide ideology, punishable by sentences of 10 to 25 years. That leaves little political space for dissent

Pressing the government to amend these repressive laws and practices is not easy, as I discovered in recent meetings with senior officials from the prime minister on down. They are understandably sensitive about political invective that can lead to renewed ethnic slaughter, but the public faces the very real danger that any political criticism of the government will be construed as fomenting genocide.

Western governments, guilt-ridden at not having stopped the genocide and impressed by Rwanda's stability and economic growth, have been all too willing to close their eyes to this repressive sleight of hand.

But Kagame's strategy is shortsighted and dangerous. He claims to be building a society in which citizens are only Rwandans, not Tutsi or Hutu, but his repression of civil society means that avenues to forge alternative bonds among people are limited. That makes it more likely that in moments of tension Rwandans will resort to their ethnic identity, as so often happens in repressive societies.

The challenge for world leaders 15 years after Rwanda's genocide is to overcome guilt and look beyond the enforced peace to convince Kagame and his government to build the foundation for more organic, lasting stability.

The best way to prevent another genocide is to insist that Kagame stop manipulating the last one.

Kenneth Roth is executive director of Human Rights Watch.

RACISM DENIES FUNDAMENTAL RIGHT TO EQUALITY, SAY TOP UN OFFICIALS

RACISM DENIES FUNDAMENTAL RIGHT TO EQUALITY, SAY TOP UN OFFICIALS
New York, Mar 21 2009 11:00AM

Top United Nations officials have called for strengthening collective efforts to combat racism and work towards the goal of equality among all human beings, as they marked the International Day for the Elimination of Racial Discrimination.

On 21 March each year, the UN marks the day in 1960 when dozens of peaceful protesters were gunned down by police in the South African township of Sharpeville as they demonstrated against apartheid.

UN High Commissioner for Human Rights Navi Pillay said "the massacre in Sharpeville represents a much wider tragedy: we mark its anniversary to remember also the millions of people around the world who are still, today, victims of racism and racial discrimination.

"Racial discrimination denies its victims the most fundamental of all human rights -- the right to equality," she noted in her message for the Day.

"Racism, racial discrimination, xenophobia and related intolerance are insidious, corrosive and sometimes explosive forces that devastate the lives of many individuals and, if left to fester, can undermine societies as a whole. They present a threat to security and often feature among the root causes of violent conflict.

"Taken to an extreme, unchecked -- or deliberately fuelled -- racial discrimination and intolerance can lead to ethnic cleansing and genocide," she added.

Ms. Pillay recalled that governments recognized that no country was free of racism and pledged to take concrete steps to eradicate it when they met in Durban, South Africa, for the 2001 World Conference against Racism.

Next month the international community will gather in Geneva to review the progress that has been made in implementing those pledges.

"There has indeed been progress in the intervening years in many areas, but that progress has been partial, and there have been serious setbacks too. The challenge we face is to translate those 2001 promises into action," stated the High Commissioner.

Secretary-General Ban Ki-moon, in his message marking the Day, noted that in the years since Durban, the world has witnessed a disturbing rise in reports of hatred and bigotry, linked in part to terrorism and increasing migration.

"The Review Conference is a timely opportunity for countries to share experiences, identify best practices and reaffirm their commitment to the battle against racism," he stated. "Racism exists in all countries, and I urge all countries to work together in the struggle against it."

An independent UN human rights expert has also called for full participation in the Durban review process, stressing that the time is "ripe" for a renewed international engagement against racism.

"Day after day we are reminded of the continued relevance of the fight against all forms of racism," said Githu Muigai, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance.

"Displays of intolerance abound, from small gestures in interpersonal relations to large-scale violence targeting people of different skin colour or ethnicity. In particular in times of a global financial crisis, intolerance tends to become even more pronounced, fostering racial, ethnic and xenophobic tensions."

He added that the Durban Declaration and Programme of Action remains the most comprehensive framework of international, regional and national actions needed to counter racism. "A successful Review Conference will empower all stakeholders across the world, providing them with yet additional tools to be employed in their daily fight against racism."

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Darfur survivors welcome ICC arrest warrant for Omar al-Bashir

Today the judges at the ICC issued an arrest warrant for Omar Bashir, the President of Sudan, on charges of crimes against humanity, war crimes and genocide in Darfur. It is the first time that such a step has been taken against a sitting head of state.

As the ICC judges announced their decision in the Hague, Darfuri survivors were gathered in capital cities across Europe to remember their murdered loved ones and destroyed communities. In London, they gathered for a commemoration outside the Sudanese Embassy from midday to 2.00pm, reading out the names of over a thousand victims and holding a minute’s silence at 1.00pm, the moment the ICC’s decision was announced in the Hague. When the news came through that the ICC had issued the arrest warrant, the crowd erupted with joy.

“Today, for the first time, I feel that just maybe, the people responsible for the murder of my father， Issa，and my brother，Ishag，will eventually be held to account for their actions,” said Darfuri survivor Ibrahim Issa Korkor, responding to the news. “There can never be peace in Darfur without justice. Today is a massive step towards both.”

“Khartoum would like its friends and business partners to think that today’s arrest warrant is a western conspiracy against the Sudanese President and Sudanese state,” says Khatir ohammed, General Secretary of the Darfur Union. “I assure you it’s not. It’s the result of testimony from ountless survivors such as myself, who have seen their families mercilessly killed by Government aircraft, troops and militias. It’s the result of testimony from soldiers and Janjaweed fighters now explaining how they were recruited, paid, armed and directed by the Government to kill their fellow citizens. We ask all governments doing business with Khartoum to stop turning a blind eye to these crimes. Do you want to be tainted by association? Use your influence with Khartoum to bring an end to the violence and injustice in Darfur, and the Sudanese people will thank you.”

“Today’s decision to issue an arrest warrant for Omar al-Bashir is a landmark step towards ending the impunity of war crimes suspects everywhere. It shows that no-one – even a sitting head of state – is above international law,” says Dr James Smith, Chief Executive of the Aegis Trust. "This warrant should be used to urge Sudanese leaders to change policy - to stop commiting atrocities. If the UN Security Council gives in to threats from Khartoum and suspends the ICC proceedings without a change of policy in Sudan it sends a message that to avoid justice, war criminals need only threaten more atrocities."

A new report just released by Aegis, ‘The Enforcement of International Criminal Law’ (http://www.aegistrust.org/images/PDFs/enforcement_of_international_criminal_law.pdf), addresses ways in which the international community could strengthen prospects for the enforcement of arrest warrants against suspects such as Omar al-Bashir.

A film just released by Aegis, ‘Darfur Destroyed’ (http://www.aegistrust.org/index.php?option=com_content&task=view&id=801&Itemid=88

- VNR available on request), features perpetrators of atrocities in Darfur implicating the Sudanese Government – including Omar al-Bashir personally.