Issues and situations of concern
This month:
- Situations of concern
- Issues of concern
Situations of concern
Belarus
It is striking to see the lack of international responses to the 9 August 2020 fraud elections in Belarus. Especially since the widespread and systematic supression of protests across the nation. Many (social) media channels have been able to report and share coverage of arbitrary and randomized arrests and, especially, widespread use of violence, inhuman and degrading treatment of detained protesters. These state oppression is in stark contrast to the strict and disciplined non-violent resistence of the protestors.
For (geo-)political reasons it may well be a deliberate policy to avoid open interference in domestic disturbances. However, more decisive international political action is needed. Gross and systematic human rights violations are to be addressed, while perpetrators are to be held accountable. As such, it is difficut to understand that, for instance, the European Union so far has not agreed upon sanctions.
Cambodia
On 2 September 2020 Kang Kek Iew or Kaing Guek Eav alias Duch died. He was the first to be tried at the Extraordinary Chambers in the Courts of Cambodia and ultimately sentenced to life imprisonment. He was held responsible for crimes against humanity, torture, murder committed in the execution of his responsibilities under the Khmer Rouge regime (1975-1979). He had been the head of the government’s internal security branch, responsible for the S-21 prison camp where thousands were held for interrogation and torture, after which most detainees were executed. It is estimated that the regime was responsible for the death of up to 2.000.000 citizens, approximatly 25% of its inhabitants.
Myanmar
There have been interesting developments with regard to the case at the International Court of Justice in The Hague. First, Fortify Rights published a video of two Birmese soldiers. These admit to killing adult, elderly and minor civilians in northern Rakhine state, raping and killing women, destroying many villages and deposing the numerous bodies of their victims in mass graves. It is believed that the soldiers are under investigation and/or may be used in future cases by the International Criminal Court (ICC).
Furthermore, on 2 September 2020 the governments of The Netherlands and Canada expressed their intention to intervene in the case. As they stated:
“The Gambia’s application shows the discrimination and persecution of the Rohingya in Myanmar, which created the conditions for Myanmar’s security forces to perpetrate targeted and systemic atrocities against the Rohingya. It states that Myanmar’s violations include the commission of genocide against the Rohingya, mostly by way of the systematic and widespread perpetration of mass murder, sexual violence, torture, forced displacement, and denial of access to food and shelter. These conditions have caused over 850,000 Rohingya to flee to Bangladesh since 2016. The Genocide Convention embodies the solemn pledge to prevent the crime of genocide and hold those responsible to account. In bringing this application to the ICJ, The Gambia took a laudable step towards ending impunity for those committing atrocities in Myanmar and upholding this pledge. Canada and the Netherlands consider it our obligation to support these efforts which are of concern to all of humanity. As part of this intervention, Canada and the Kingdom of the Netherlands will assist with the complex legal issues that are expected to arise and will pay special attention to crimes related to sexual and gender based violence, including rape”
States Parties to the Genocide Convention must resolve to prevent genocide but also, critically, to hold perpetrators to account. Canada and the Kingdom of the Netherlands reiterate their call to all States Parties to the Genocide Convention to support the Gambia in its efforts to address these violations.
Syria
In a sudden move on 18 September 2020, The Netherlands stated that it holds Syria responsible for gross human rights violations and torture in particular.
“The evidence is overwhelming. There must be consequences”
The Netherlands has invoked Syria’s responsibility for human rights violations under international law, specifically holding Syria responsible for torture under the UN Convention against Torture. In the diplomatic note, the Netherlands reminds Syria of its international obligations to cease the violations and offer victims full reparation. The diplomatic note asked Syria to enter into negotiations, which is a necessary first step in dispute settlement. Should the two states be unable to resolve the dispute, the Netherlands can propose to submit the case to arbitration. If no agreement can be reached on this issue, the Netherlands will submit the case to an international court.
“A lasting political solution in Syria is only possible if there is no impunity. The victims of these serious crimes must obtain justice, and we are pursuing that end by calling the perpetrators to account”
The move came after a failed attempt to let the United Nations Security Council refer the case to the International Criminal Court. Still, through the work of the Commission of Inquiry on Syria and the International, Impartial and Independent Mechanism for Syria (IIIM) and the continued efforts of many NGO’s ever more evidence is avaiable to build a case upon.
Venezuala
The Venezuelan State must hold to account those responsible for extrajudicial executions, enforced disappearances, arbitrary detentions and torture, and prevent further acts of this nature from taking place, the UN Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela said in its first report, published on 6 September 2020.
“The Mission found reasonable grounds to believe that Venezuelan authorities and security forces have since 2014 planned and executed serious human rights violations, some of which – including arbitrary killings and the systematic use of torture – amount to crimes against humanity” … “Far from being isolated acts, these crimes were coordinated and committed pursuant to State policies, with the knowledge or direct support of commanding officers and senior government officials.
Issues of concern
Aleksej Navalny
The poisoning of Russia’s opposition leader Aleksej Navalny on 20 August 2020 should lead to an in depth investigation into the circumstance, time and place of the attack and the alleged responsible individuals, entitities and/or nations. As was declared by the German authorities, the attack was aimed to kill Aleksej Navalny by means of Novichok. This is a banned nerve agent or -in other words- a chemical weapon. It’s also the weapon which was used by Russia’s secrect service operation in Salibury, where Sergei Skripal (and his daughter) were unsusscessfully vitimized.
The Organisation for the Prohibition of Chemical Weapons stated in a response:
“… any poisoning of an individual through the use of a nerve agent is considered a use of chemical weapons. Such an allegation is a matter of grave concern. States Parties to the Chemical Weapons Convention deem the use of chemical weapons by anyone under any circumstances as reprehensible and wholly contrary to the legal norms established by the international community. …”
The OPCW has received a request for legal assistance from Germany. While the facts are to be investigated, Russia has been asked to start investigations and hold perpetrators accountable. Depending on its position, the international community is yet to respond to this situation. The use of chemical weapons is not to be tolerated under any circumstances and should have consequences for the perpetrators and/or responsible state authorities.
Moria and reports of pushbacks
Gather4Humanity seeks to bring an end to refugee flows and human suffering by addressing their root causes, being (impunity for) war crimes, crimes against humanity and genocide. It’s of the opinion that the spotlight should be put on the (impunity) for these crimes and, eventually, the responsible individuals, entitities and state authorities instead of putting blame on the very victims, already in a vulnerable position.
On 8 September 2020 some 13.000 asylum seekers had to flee, once again, from their shelters after the reception compound in Moria camp was alledgedly put on fire. Alleged perpetrators have been taken into custody.
Nevertheless, the situation of asylum seekers in Moria/Lesbos has been, and still is, a shameful result of a failed EU response to the 2015 refugee crisis. Satisfied by the deal with Turkye, which stopped the influx, the EU as a whole has turned a blind eye to the often inhuman living conditions and degrading treatment of asylum seekers on the Greece islands. Although support was provided by EASO, national asylum sxperts and others, the former “minimum standards” for the reception of asylum seekers have never been met, let alone the “common standards” that are currently to be applied across the EU. The failure to formulate an effective response is in itself a result of a stalled migration debate in the EU, which was caused by the lack of solidarity across the union to help Greece by replacing asylum seekers to member states.
At the same time, more and more reports shed a light on pushback practices by EU-member states. An unlawful practice under both international law and EU law, whereby asylum seekers are not given the opportunity to lodge an application. This should be emet with an independent investigation and a thorough actions.
In September 2020 the European Union has presented a new Pact on Asylum and Migration. Though, this might have been an opportunity to address the current issues, it merely concentrates on: effective procdedures, border control, partnerships, solidarity and skills. Where it all should start with practicing and safeguarding standards of humanity.