IHRDC Urges U.N. High Commissioner for Human Rights to Visit Iran

IHRDC Urges U.N. High Commissioner for Human Rights to Visit Iran

THE IRAN HUMAN RIGHTS DOCUMENTATION CENTER URGES U.N. HIGH
COMMISSIONER FOR HUMAN RIGHTS TO VISIT IRAN

February 22, 2011

NEW HAVEN, CONNECTICUT – The Islamic Republic of Iran executed at
least ten people last week – at the same time its security forces were
brutally suppressing street demonstrations.  Two more were executed
yesterday.  The official and semi-official Iranian press reported that
all twelve people were executed for drug trafficking, a crime that
does not warrant the death penalty under international law.  Also
alarming is the fact that, amid calls for the execution of opposition
leaders Mehdi Karroubi and Mir Hossein Mousavi, the authorities placed
both men under house arrest.

The ten executions were merely the latest in a steady stream of
executions.  The Islamic Republic has always had a high rate of
executions – for many years it has held the number two spot following
only China.  While some executions are officially announced, many are
never made public, making it difficult to know the full extent of this
practice.  However, the rate of executions began accelerating last
fall to the point where in January 2011 alone, 79 people were
officially reported to have been executed.  At least 60 people were
executed for alleged drug offenses, one for apostasy, and four who
were charged with Moharebeh (“enmity against God”) for their alleged
political activities.

The executions are merely one piece of the regime’s concerted effort
to suppress all forms of dissent, real or imagined.  Although last
week’s demonstrations were some of the first to take place since
December 2009, the regime has spent the last year systematically
dismantling civil society organizations, arresting lawyers and
students, and shutting down communications within Iran and with the
outside world.  The government’s suppression of dissent, including its
shutdown of communications, together with the house arrests of
opposition leaders and the continued high rate of executions is
alarming in its broad scope and shocking brutality.

IHRDC continues to condemn all executions and calls on Iran to stop
further executions as they violate international human rights law.
Iran must allow Iranians the freedom to express their opinions, gather
together, demonstrate, and communicate both within Iran and with the
outside world.  IHRDC also urges the U.N. High Commissioner for Human
Rights, Navi Pillay to visit Iran and condemn the ever-worsening
condition of human rights in that country.

IHRDC is a nonprofit organization based in New Haven, Connecticut that
was founded in 2004 by a group of human rights scholars, activists,
and historians.  Its staff of human rights lawyers and researchers
produce comprehensive and detailed reports on the human rights
situation in Iran since the 1979 revolution.  The Center’s goal is to
encourage an informed dialogue among scholars and the general public
in both Iran and abroad.  The human rights reports and a database of
documents relating to human rights in Iran are available to the public
for research and educational purposes on the Center’s website.
www.iranhrdc.org<http://cts.vresp.com/c/?IranHumanRightsDocum/d7775b7424/09f1bf055e/e18fb495c5>.

For further information, please contact:
Renee C. Redman, Esq.
Executive Director
Iran Human Rights Documentation Center
Tel: (203) 772-2218 Ext. 215,
Email: rredman@iranhrdc.org

Read Statement Online<http://cts.vresp.com/c/?IranHumanRightsDocum/d7775b7424/09f1bf055e/a439717611>

Tel: (203) 772-2218
Fax: (203) 772-1782

Email: info@iranhrdc.org<mailto:info@iranhrdc.org>

Belarus Sentences Dissident To Four Years In Prison Amid Criticism

By Christina Berger
Impunity Watch Reporter, Europe

MISNK, Belarus — On Thursday, Belarusian opposition member Vasily Parfenkov was sentenced to four years in a high-security prison for taking part in the mass protest following the widely-disputed re-election of Belarusian President Alexander Lukashenko in December 2010. Parfenkov was convicted of breaking a window at the parliament building during the protest. Parfenkov denies damaging any property.

Mass protests occurred after the December 19th re-election of Lukashenko, spurred by reports of fraud and vote-rigging by independent observers. Hundreds of people were detained following the protests, and opposition leaders were arrested and their homes and offices were raided. Parfenkov, who campaigned for opposition candidate Vladimir Neklyayev, is the first opposition member to stand trial. 37 other opposition leaders and 5 presidential candidates have been charged with inciting mass riots and await trial.

Parfenkov’s trial lasted barely seven hours and the prosecution alleged Parfenkov and others caused damage to the parliament building totaling about $4,600. The prosecution initially asked for a six-year sentence. Parfenkov admitted to taking part in the protest, but said he did not break any windows or otherwise damage the building. In addition to being sentenced to four years in a maximum security prison, Parfenkov was ordered to pay $4,700 to compensate for damage and his part in, according to the judge, a “lawless mob.”

Rights activists said they had almost no access to the trial proceeding because police in plain clothes used most of the 40 available seats. Vesna organisation chief  and rights activist Ales Belyatsky told the AFP that “[t]he court heard absolutely no evidence of there being any mass disturbances.” Belyatsky said, “[t]he accused admitted that he took part in an unsanctioned demonstration and pushed a wooden fence a few times.” Belyatsky further noted that “[t]hese crimes should be qualified as hooliganism [and h]e should have been sentence to 15 days in jail.”

In a separate development, the Justice Ministry revoked the license of four lawyers representing opposition activists for “gross violations.” The suspended lawyers are effectively barred from practicing their profession. The opposition activists who lawyers were suspended will now be represented by state-appointed attorneys. Garry Pogonyailo, a rights activists and former defense lawyer who lost his license, told the AFP that appointed lawyers “defend only formally, and very rarely show any enthusiasm.”

Parfenkov’s trial and sentencing has drawn sharp criticism from other countries and human rights organizations. The United States and European Union have spoken out against the continuing crackdown in Belarus, including shutting down human rights offices in Belarus as well as trying political prisoners. The US and EU have imposed sanctions, banning Lukashenko and 150 other Belarusian officials from 27 EU countries and freezing the assets of many officials. Poland has been particularly harsh in its criticism of the Lukashenko regime, and Polish President Bronislaw Komorowski said on Sunday that his “country’s authorities will most favourably consider requests for political asylum by Belarussians engaged in pro-democratic activities.”

On Monday, the UN High Commission for Human Rights, Navi Pillay, spoke out against the trial and sentencing of Parfenkov “for exercising his right to freedom of peaceful assembly and freedom of expression.” Pillay indicated that the length and condition of the pre-trial detentions of the other opposition leaders awaiting trials do not comply with the International Covenant on Civil and Political Rights. Pillay’s office has also received continued reports of intimidation and harassment of lawyers, journalists, and non-governmental organizations in Belarus.

Pillay stated, “I have stressed before to the Belarus Government and I shall say it again: States have a duty to protect human rights defenders, journalists and civil society from threats, retaliation or pressure stemming from the legitimate exercise of their work in defence of human rights.”


For more information, please see:

UN NEWS CENTRE — Belarus: UN rights official speaks out against sentencing of political opponents — 21 Feb. 2011

WASHINGTON POST — Trials begin for Belarusan protesters amid criticism — 20 Feb. 2011

REUTERS — Polish leader offers asylum to Belarus opposition — 20 Feb. 2011

IRISH TIMES — US condemns Belarus trials and imprisoning of protester — 19 Feb. 2011

AFP — Belarus sentences protester to four years in jail — 18 Feb. 2011

WSJ — Belarus Sentences Opposition Activist to Four Years in Prison — 17 Feb. 2011

AFP — Belarus tries opposition, suspends defence lawyers — 17 Feb. 2011

BBC — Belarus dissident Vasily Parfenkov jailed for protest — 17 Feb. 2011

War Crimes Prosecution Watch, Volume 5, Issue 23

Volume 5, Issue 23 – February 14, 2011

INTERNATIONAL CRIMINAL COURT
Central African Republic & Uganda

*   Open Society Justice Initiative: Witness Became Soldiers’ Cook
after They Gang Raped
her<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#car1>
*   Reuters: Bemba’s CAR Visit Allegedly Led to a Drop in
Crimes<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#car2>
*   Open Society Justice Initiative: Bemba’s Soldiers Spoke Central
African Language<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#car3>
*   Open Society Justice Initiative: Witness Denies Bozie’s Minister
Coached Rape Survivors<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#car4>
*   Open Society Justice Initiative: Central African Republic:
Witnesses Speak of MLC
Plunder<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#car5>
*   Open Society Justice Initiative: Witness Blames Bemba’s Militia
for Bangui Killings<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#car6>

Darfur, Sudan

*   Sudan Tribune: Wikileaks: AU Chief Privately Critical of Sudan’s
Inaction on Darfur
Justice<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#dar1>
*   Sudan Tribune: U.S. Denies Reports on Agreeing to Deferring
Bashir’s Warrant<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#dar2>

Democratic Republic of the Congo (ICC)

*   ICC: Outreach Unit Continues Support for Lectures on the
International Criminal Court in Universities in North and South Kivu,
Democratic Republic of the
Congo<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#drc1>
*   LubangaTrial.org: Chamber Clarifies Disclosure
Rule<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#drc2>

Kenya

*   BBC News: African Union Backs Kenya Call to Delay ICC
Case<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ky1>
*   The Standard: ICC Rejects Plea by Kenya Security
Chiefs<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ky2>
*   Capital News: Kenya Now to Lobby Security Council on
ICC<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ky3>
*   Capital News: ICC Judges Reject Ruto, Ali
Pleas<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ky4>

AFRICA

International Criminal Tribunal for Rwanda

*   Hirondelle News Agency: Ngirumpatse Claims He had no Control
Over Interahamwe
Militias<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#rw1>
*   Hirondelle News Agency: Nizeyimana Formed Military Police Unit
for Committing Genocide<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#rw2>
*   Hirondelle News Agency: Defence Case of MRND Boss Adjourned to
February 15<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#rw3>
*   Hirondelle News Agency: Nizeyimana Bought Beers to Soldiers
After Rwandan Queen was
Killed<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#rw4>
*   Hirondelle News Agency: Ngirabatware Challenges Dismissal of
Request for Disqualification<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#rw5>
*   Hirondelle News Agency: Appeals Judgment for Former Kigali
Governor Expected in
April<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#rw6>
*   Hirondelle News Agency: Karegeya Accused of Helping Kabuga’s
Children<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#rw7>

Special Court for Sierra Leone

*   CharlesTaylorTrial.org: Lawyers Get Their Final Say at the
Charles Taylor Trial<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#sl1>
*   NewsObserver.com: Charles Taylor’s Boycotts End of War Crimes
Trial<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#sl2>
*   CharlesTaylorTrial.org: Judges Order Taylor’s Defense Lawyer to
Appear in Court on
Friday<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#sl3>
*   CharlesTaylorTrial.org: Prosecutors Ask For Investigation; Say
Defense Investigator Attempted To Bribe Prosecution Witnesses To
Change Their Evidence<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#sl4>
*   CharlesTaylorTrial.org: Defense Lawyers to Appeal Decision to
Reject Final Trial
Brief<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#sl5>

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

*   B92: Purda Extradition Hearing in
Sarajevo<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#bih1>
*   State Court of BiH: Saša Baričanin Ordered into
Custody<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#bih2>
*   State Court of BiH: Pavle Gajić Pleaded Not
Guilty<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#bih3>
*   BIRN Justice Report: Djukic: Request for New Trial
Rejected<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#bih4>
*   BIRN Justice Report: Kornjaca: Responsibility for Persecution,
Murder and Torture<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#bih5>

International Criminal Tribunal for the Former Yugoslavia

*   Institute for War and Peace Reporting: Karadzic Requests Trial
Suspension<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#yug1>
*   Institute for War and Peace Reporting: Forensic Expert Describes
Mass Graves<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#yug2>
*   Institute for War and Peace Reporting: Survivor Recounts Trnova
Killings<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#yug3>
*   Institute for War and Peace Reporting: UN Hostage Speaks of
Execution Fears<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#yug4>

Domestic Prosecutions In The Former Yugoslavia

*   Bloomberg: Serbian Police Search Home of Fugitive Mladic’s
Son<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ser1>
*   Bloomberg: Srebrenica War Crimes Suspect Held in France, Faces
Extradition<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ser2>
*   ABC News: Nazi Officer Dies a Month Before
Trial<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ser3>
*   BIRN Justice Report: Local Justice: Establishing a Central
Register of Missing
Persons<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ser4>
*   Expatica France: Croatia Seeks Extradition of War Crimes Suspect
From France<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ser5>
*   BIRN Justice Report: Local Justice – Trifkovic and Milinkovic:
20 Years in Prison<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ser6>
*   BIRN Justice Report: Local Justice: Intensive Work on War-Crimes
Cases<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ser7>

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

*   BBC News: Senior Khmer Rouge Leaders Appear in Cambodian
Court<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#cam1>
*   The Phnom Penh Post: Cambodian KRT Judge at Work on New
Cases<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#cam2>
*   The Phnom Penh Post: Prosecutors Submit Outline for Case
002<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#cam3>
*   The Phnom Penh Post: Judges Give KRT
Update<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#cam4>

Special Tribunal for Lebanon

*   Naharnet: EU Expected to Announce Readiness to Fund
Tribunal<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#leb1>
*   Naharnet: Bellemare to Fransen: Lebanese Law Applicable in
Defining Crimes, STL to Resort to Int’l Law Only if
Necessary<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#leb2>
*   Naharnet: Francois Roux: Indictment Will See Light in a Few
Weeks<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#leb3>
*   iloubnan.info: STL President Requests Replacement of Judge Bert
Swart<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#leb4>
*   Daily Star: Special Tribunal to Address Possible Procedural
Anomalies: Court will Decide on Issues Raised by Fransen to Ensure Law
Consistently Applied<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#leb5>
*   iloubnan.info: Hariri Court Holds Hearing on Terror
Charges<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#leb6>
*   Naharnet: Fransen Asks Bellemare to Clarify Reasons Why Some
Documents Mustn’t Be Disclosed to
Sayyed<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#leb7>
*   Naharnet: Ahmed Hariri: Miqati Became PM after Promising to
Torpedo Agreement with
Tribunal<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#leb8>
*   Daily Lebanon: Italian Ambassador Pledges Continued
Peacekeeping, Developmental Assistance: Morabito Says has Received
Assurance that Mikati Cabinet Will Uphold Resolution
1701<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#leb9>

NORTH AND SOUTH AMERICA

United States

*   Reuters: “Jihad Jane” Pleads Guilty in U.S. Terrorism
Case<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#usa1>
*   Associated Press: Afghan Detainee Dies after Exercise at
Guantanamo<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#usa2>
*   Associated Press: Lawsuit on Hamas Slayings Lingers in Court in
RI<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#usa3>
*   Associated Press: Prison Time Cut for Al-Qaida Cook at
Guantanamo<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#usa4>

TOPICS

Terrorism

*   BBC: Moscow Airport Bomb: Deaths Climb to
36<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ter1>
*   Telegraph Co Uk: British Airways Worker Planned Terrorist Attack
on US-bound Plane, Court
Hears<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ter2>
*   The Associated Press : Canadian Terror Suspect Denied
Bail<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ter3>
*   AFP : US Man Pleads Guilty to ‘Jihad’
Charges<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ter4>

Piracy

*   Associated Press: South Korea to Prosecute Five Somalis on
Charges of Piracy<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#pir1>
*   Daily Nation: EU Admits Challenges in Sea Piracy
Fight<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#pir2>
*   Reuters: U.N. Maritime Body Launches Anti-Piracy
Drive<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#pir3>
*   AFP: Malaysia Extends Detention of Somali
Pirates<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#pir4>

Universal Jurisdiction

*   Harper’s Magazine: Bush Cancels Trip to
Switzerland<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#uj1>
*   Reuters: Face of Israel’s Armed Forces Visited UK
Incognito<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#uj2>

REPORTS

NGO Reports

*   Human Rights Watch: US: Geneva Case Against Bush Shows Need to
Prosecute Torture<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#ngo1>

UN Reports

*   Reuters Africa: U.N. Offers to Help Haiti Prosecute Duvalier
Crimes<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#un1>
*   UN News Centre: Secretary-General Sets Out Broad Agenda For
Strengthening Human
Protection<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#un2>

TRUTH AND RECONCILIATION COMMISSIONS

General

*   Kenya
*   KBC News: TJRC to Begin Countrywide Hearings
<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#gen1>
*   Daily Nation : Tribunal Meets Kiplagat on
Monday<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#gen2>
*   The Standard: TJRC Pledges to Push On Despite
Criticism<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#gen3>
*   Thailand
*   Bangkok Post: TRC Steps Up Protest Deaths Investigation:
Slain Nurse’s Mother to Testify Tomorrow
<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#gen4>
*   Nigeria
*   The Osun Defender: Osun Sets Up Truth and Reconciliation
Commission<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#gen5>

Worth Reading

Worth Reading

*   Leiden Journal of International Law: Unraveling the Confusion
Concerning Successor Superior Responsibility in the ICTY
Jurisprudence<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#wr1>
*   International Criminal Law Review: Questioning Hierarchies of
Harm: Women, Forced Migration, and International Criminal
Law<http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol05issue23.html#wr2>

The War Crimes Prosecution Watch’s parent institution, the Case Western Reserve University School of Law, is please to announce the creation of a new LLM program in International Criminal Law.  The program’s website can be found here<http://law.case.edu/International-Criminal-Law-LLM>.  For more information, please read the attached message from the program’s director and WCPW founder Prof. Michael Scharf.

Peace Negotiations Watch

PEACE NEGOTIATIONS WATCH

Friday, February 4, 2011
Volume X, Number 5

In this issue:

CONFLICT UPDATES

Afghanistan
Bosnia
Burma
Democratic Republic of the Congo
Georgia
Kenya
Kosovo
Nepal
Somaliland
Sudan: Darfur
Sudan: Southern Sudan
Tanzania
Thailand
Uganda
Water Diplomacy
Zimbabwe

Afghanistan

Afghanistan Inaugurates New Parliament
CNN, January 26, 2011
Afghanistan’s new parliament, elected four months ago in an election criticized for widespread fraud, was sworn in on January 26.  President Hamid Karzai had refused to seat the parliament until a court could hear complaints related to the election.  In a deal between Karzai and the parliament, criminal cases will be prosecuted based on the constitution and election laws, but members of parliament will continue to have immunity.

NATO Not to Leave Afghanistan After 2014 Transition: Official
Xinhua, January 26, 2011
A senior NATO official announced that NATO troops will not leave Afghanistan after Afghan troops officially take responsibility for security in 2014.  Instead, the role of NATO forces will change and troops will continue to support the development of the Afghan security forces.

Bosnia

“The Future of Bosnia and Herzegovina is firmly within the EU” – EU Directorate General
Balkans.com, January 25, 2011
Deputy Director General Stefano Sannino reaffirmed the European Union’s (EU) commitment to aiding Bosnia and Herzegovina’s EU integration efforts.  Sannino will meet with the Presidency to discuss the changes necessary to accelerate the process.  He will also attend the Adriatic Ionian Macro Region Bridge to EU Conference to discuss EU integration.  Sannino expressed confidence that the leaders of Bosnia and Herzegovina would be able to reach national consensus and make the necessary reforms.

Inzko Calls for Accelerated Talks to Form Bosnia and Herzegovina Government
Southeast Times, January 28, 2011
High Representative Valentin Inzko urged leaders at the state and entity levels to accelerate the formation of the new government, calling their current efforts ‘unacceptably slow.’  Inzko called for prompt talks to form a government according to mandates provided in the October 2010 election.  Inzko is worried that the slowed formation will take momentum from critical issues like EU integration, corruption and economic recovery.

Burma

Burmese Junta Defends Itself in Geneva
The Irrawaddy, January 27, 2011
The Burmese delegation defended Burma’s human rights record before the Office of the U.N. Human Rights Council in Geneva on January 27.  During the Universal Periodic Review, several U.N. members, including the United States and France, called on the Burmese regime to release all political prisoners, prevent the use of child labor, and end repression again ethnic minorities.  The Burmese delegation, however, denied all allegations of human rights abuses and reminded the Council that Burma had cooperated with the U.N. Human Rights Special Envoy to Burma.

Burma Upholds Dissolution of Suu Kyi’s NLD Party
BBC News, January 28, 2011
After dismissing the case four times in lower courts, Burma’s Supreme Court ruled to dissolve Aung San Suu Kyi’s National League for Democracy (NLD), determining that there was no legal basis for appeal.  The Court further declared that the party would remain illegal due to its failure to register for November 2010 elections.  Suu Kyi’s lawyer explained that the NLD had no further legal remedy unless the Chief Justice modified the ruling.  He added, however, that the NLD will continue to work with the Burmese people, regardless of the Court’s decision.

Burma Prepares for New Era with Opening of Parliament, but Army Remains in Driver’s Seat
Associated Press, January 29, 2010
Burma is preparing to open its first session of Parliament on January 31.  One of the legislature’s first acts will be to elect Burma’s new president, whom many expect will be current junta leader Senior General Than Shwe.  Contrary to international custom, however, the government has not invited the press or the diplomatic community to attend the opening.  Moreover, the imminent first session of Parliament has not prevented the junta from promulgating a variety of laws prior to Parliament’s opening.

Democratic Republic of the Congo

Rwandan Hutu Leader Faces International Criminal Court
Voice of America, January 28, 2011
Calixte Mbarushimana appeared before the International Criminal Court, where he faces charges of murder, rape and torture of civilians in eastern Democratic Republic of Congo.  Mbarushimana is accused of having directed operations of the Rwandan rebel group Forces Democratiques de Liberation du Rwanda (FDLR) from exile in France.  He stated that he was not involved in any attacks against civilians.  The French authorities handed Mbarushimana over to the ICC last year, after living there in exile for almost ten years.

Sixty Raped in Attacks on Congo Villages – UN
Reuters, January 28, 2011
Armed groups attacked two villages in eastern Congo and raped sixty people, the latest incidents in an increase in mass sexual attacks in the region.  Doctors in the region report that mass rapes by armed groups are becoming more common, along with a trend of civilians mimicking the armed groups.  It is unknown which armed group or groups are responsible for the recent attacks.

Kenya

Only International Criminal Court Can Save You Now, Kenya Told
Daily Nation, January 27, 2011
During a trip to Nairobi to meet with government officials, the ICC Assembly of State Parties President Christian Wenaweser advised Kenya to deal directly with the ICC to seek a deferral rather than asking the AU for support.  He further stated that the ICC would support domestic proceedings against the ICC suspects but that Kenya would need to follow certain procedures to qualify for a postponement.

Bid to Defer ICC Trials Gets African Union Boost
Daily Nation, January 28, 2011
The African Union’s  (AU) Peace and Security Council has agreed to endorse a resolution to support Kenya’s deferral of its cases at the International Criminal Court (ICC).  The resolution will be tabled at the Council’s upcoming meeting in Ethiopia.  Kenya has agreed to reform its police force and judiciary to be able to handle a special tribunal to try the six post-election violence suspects domestically.

Kenya Prime Minister Warns of Crisis Over Top Posts
Associated Press, January 29, 2011
Prime Minister Raila Odinga expressed concern that President Mwai Kibaki did not consult him prior to nominating individuals for chief justice, top prosecutor, attorney general, and budget chief, as required by the new constitution. Odinga warned that unless Kibaki withdraws the nominations, his party will pursue legal measures to block them. The two also disagree on the handling of the situation related to the International Criminal Court (ICC).  Odinga argues that genuine judicial reforms need to be implemented prior to any domestic prosecutions.

Kosovo

Kosovo, Serbia React to Organ Trafficking Resolution
Balkan Insight, January 26, 2011
The Council of Europe’s adoption of a report on organ trafficking, alleging serious crimes committed by former members of the Kosovo Liberation Army (KLA), received mixed reactions in Kosovo and Serbia.  According to Kosovo officials, the report has seriously damaged Kosovo’s international image.  Several Kosovar political leaders argue that the report contains nothing but defamatory, politically motivated information and Serbian propaganda designed to detract from Kosovo’s independence bid. However, Kosovo authorities pledged to cooperate with the European Union Rule of Law Initiative (EULEX) investigation. Serbian officials endorse the report.

Dutch Minister: “Kosovo is Run by Criminals”
Balkan Insight, January 29, 2011
A leaked cable from 2007, during elections in Kosovo and leading up to the February 2008 declaration of independence, contains remarks by Frans Timmermans made at a meeting with U.S. officials in the Hague. Timmermans, the then Dutch State Secretary for European Affairs, indicated his concern about the EU’s outreach to Kosovo, claiming that many leaders in Kosovo make their livings through crime.  Timmermans also expressed doubt that the EU would ever reach consensus on Kosovo. The leaked cable comes in the wake of two other reports implicating other senior Kosovo officials in organized crime and organ trafficking.

Kosovo Courts Face Enormous Backlog
ETimes, January 31, 2011
Kosovo’s judiciary reportedly has a backlog of over 300,000 cases.  While Enver Peci, the Chairman of the Kosovo Judicial Council, has stated that the government is taking steps to address the situation, some believe the judicial system is in miserable shape, and may even face collapse.  Currently, EULEX is providing assistance to the judiciary on more complex cases, such as war crimes and corruption cases, in order to alleviate the backlog.

Nepal

Nepal Approves Changes to End Deadlock Over PM Election
Times of India, January 25, 2011
A panel composed of five high-ranking parliamentarians established a new process for prime ministerial elections, aimed at solving Nepal’s current political deadlock.  Under the new rules, lawmakers will have to attend and vote in the election, as long as more than one candidate is contesting the polls.  Furthermore, the Parliamentary speaker will have the right to disqualify candidates who are unable to win the majority of the votes by the end of the third round.

Monitoring Mechanism Takes Full Shape
The Himalayan Times, January 25, 2011
The Special Committee (SC) for the supervision, integration, and rehabilitation of Maoist combatants, now in charge of the PLA fighters, has finalized its monitoring mechanism. The SC established a nine-member mechanism, to consist of four members of the SC, four members of the SC’s Secretariat, and one representative of the PLA fighters.  The SC appointed the members of the monitoring mechanism, representing the main political parties as well as the Tarai-based parties and the Nepali Army.

Consensus Eludes Nepali Parties
The Hindu, January 26, 2011
Failing to meet the January 26 deadline set by Nepali President Ram Baran Yadav to form a consensus government, the Unified Communist Party of Nepal-Maoist (UCPN), the Nepali Congress (NC), and the Communist Party of Nepal-Unified Marxist Leninist (CPN-UML) will have to choose a prime minister though parliamentary elections.  Essentially, the parties were unable to reach consensus because they each claimed the right to lead Nepal’s government.

Somaliland

UN Envoy Proposes Special Courts to Try Suspected Pirates
UN News Services, January 25, 2011
The UN special envoy on maritime piracy, Jack Lang, has proposed the setting up of two special courts inside Somalia and one in Tanzania to try suspected pirates.  He urged the international community to work towards the “Somaliazation” of responses to piracy by helping local authorities in Somaliland and Puntland to enhance their judicial and prison capacities in order to prosecute and jail captured pirates.  The cost of the proposed measures is estimated at $25 million.

Sudan: Darfur

SLM Rebels Says More Time Needed Before Joining Darfur Peace Process
Sudan Tribune, January 25, 2011
The Sudan Liberation Movement (SLM) led by Abdel Wahid Al-Nur reaffirmed its intention to join the peace process in Doha but said more time is needed to achieve an all-encompassing consultation process, which requires that all parties to the conflict be included.  Al-Nur has spent the past month in Nairobi engaged in meetings with the members of his group and the IDPs and refugees SLM claims to defend.

Rebels Commit Themselves to Work Together for Peace in Darfur
Sudan Tribune, January 30, 2011
The Justice and Equality Movement (JEM) and the Liberation and Justice Movement (LJM) will meet next week for the first time in Doha to show their commitment to the peace process and discuss ways to coordinate their action.  The two rebel leaders further called on the Sudanese government to resume peace talks in Doha, rejecting Sudan’s other initiatives as an attempt at a Khartoumization of the process—giving the government undue control over their victims.

Sudanese Police Clash With Students in Khartoum
MSNBC, January 30, 2011
Hundreds of students protested in Khartoum, demanding the resignation of the government.  Riot police responded by surrounding the entrances to universities, firing tear gas, beating students, and arresting them.  Another protest took place in el-Obeid, North Kordofan.  The groups have been able to organize themselves via social networking sites on the internet, similar to protesters in Tunisia and Egypt.

Sudan: Southern Sudan

African Union to Lead Recognition of S. Sudan
Washington Post, January 26, 2011
Malawi’s President Bingu wa Mutharika, current chair of the AU, announced that the organization would be one of the first to recognize the outcome of the referendum should the final results show that the South chose secession.  Sudan will be one of the agenda items for the next AU meeting.

Nearly All Southern Sudanese Voted for Secession
Guardian UK, January 30, 2011
Several thousand people attended the unveiling of the official preliminary results of the Southern Sudan referendum.  According to the preliminary results, 99% of voters chose secession.  Voter turnout for the referendum was 98%.  Confirmation of the results is expected within the next few weeks, subject to any appeals.  Once the results are confirmed, Southern Sudan will be able to declare independence on July 9, 2011.

UN’s Ban Seeks Talks on Dividing Sudan’s Oil Wealth Amid Vote on Secession
Bloomberg, January 30, 2011
UN Secretary-General Ban Ki-moon called on the North and South to quickly return to negotiating on Abyei, oil, borders, citizenship, security, and wealth-sharing as soon as possible.  With respect to the oil issue, nearly 80% of Sudan’s oil production of nearly 490,000 barrels a day is located in Southern Sudan.  The primary operators are China’s National Petroleum Corporation, Mayalsia’s Petroliam Nasional Bhd., and India’s Oil and Natural Gas Corporation.

Thailand

Thai Red Shirts to Petition International Criminal Court Against Government
Xinhua, January 20, 2011
Thida Thavornseth, leader of the opposition United Front for Democracy against Dictatorship (UDD), announced the UDD’s plans to file a petition with the International Criminal Court.  The UDD seeks to hold the Thai government responsible for the response of its security forces to the Red Shirt protests last year.  The petition will claim that Prime Minister Abhisit Vejjajiva is responsible for the deaths of ninety-one people during the protests.  Until now, there have been no official charges brought against anyone in Thailand for those deaths.

Twenty-Five Protest Deaths Explained
Bangkok Post, January 21, 2011
Thailand’s Department of Special Investigation (DSI) concluded that twelve of the eighty-nine deaths during the protests last spring were attributed to the Red Shirts, while thirteen others were caused by the government forces.  Deaths attributed to the Red Shirts include those resulting from the fire at CentralWorld shopping center.  The report found the government forces responsible for the shooting death of a Japanese cameraman and the deaths of three people at a Buddhist temple.  The findings are the result of a joint investigation between the DSI, forensic science experts, and public prosecutors.

An April Poll Looks Likely, Says Abhisit
Bangkok Post, January 27, 2011
Prime Minister Abhisit Vejjajiva repeated his earlier announcement that dissolution of Parliament and a call for general elections may occur as early as April.  Abhisit added that early elections are conditional upon the successful adoption of constitutional amendments, a robust economy, and political stability.  The remaining constitutional amendments are expected to be adopted on February 13.  The opposition Puea Thai party expressed its reservation about the sincerity of Abhisit’s announcement.

Uganda

LRA Rebels Kill Two, Abduct One in Southern Sudan’s Western Equatoria State
Sudan Tribune, January 28, 2011
The Lord’s Resistance Army (LRA) attacked Gangura, a small village near the capital of Western Equatoria, Yambio, in South Sudan, killing a father and son and abducting a boy on January 28.  This is the first incident to follow the South Sudanese referendum.  The Ugandan People’s Defense Forces and the Sudan People’s Liberation Army have joined forces to help local security organizations, such as the Arrow Boys, in altering and fighting off LRA attacks.

Religious in Remote North Ask Congo to Quit Downplaying LRA Violence
Catholic News Service, January 28, 2011
Religious leaders in Northern Congo have asked the government of the Democratic Republic of the Congo (DRC) not to minimize the threat posed by the Lord’s Resistance Army (LRA) in the region and to set up an investigatory commission to look into the murder of Congolese nun, Sister Jeanne Yengane, by the LRA on January 17.  The religious leaders accuse the DRC government of feigning ignorance about LRA atrocities and instead falsely accusing other groups of committing the atrocities and citizens of spying for the LRA.  The religious leaders also asked the international community to set up a special international tribunal mandated to prosecute Joseph Kony and other LRA members.

Water Diplomacy

India, Bangladesh Set to Sign Pact on Sharing of River Water
Daily News and Analysis, January 10, 2011
The Water Resources Secretaries for India and Bangladesh met to finalize an interim water sharing agreement that would determine how the two states share the Teesta and Feni Rivers during dry seasons.  In a press conference, the two sides said that the meeting was successful and that their differences have been resolved.  The agreement is set to be signed during the Indian Prime Minister’s upcoming visit to Bangladesh.

Congo, Burundi Are Set to Sign Nile River Water Accord Rejected by Egypt
Bloomberg, January 20, 2011
Burundi and the Democratic Republic of Congo are gearing up to sign the Comprehensive Framework Agreement (CFA) which aims at changing water usage rights of the Nile.  The CFA has already been signed by Ethiopia, Uganda, Rwanda, Tanzania, and Kenya, but is opposed by Egypt and Sudan.  Ethiopia’s Foreign Minister commented that Egypt and Sudan need to cooperate on this issue because the 1929 agreement that currently governs water usage is outdated and unfair.  Egypt has already warned that if the CFA is ratified, it plans to withdraw from the World Bank’s Nile Basin Initiative.

Somalia’s Humanitarian Crisis Deepens as Worst Drought Hits
Business Daily, January 27, 2011
The United Nations and Oxfam warned that the already devastating humanitarian crisis in Somalia will deepen as a result of a water crisis caused by a severe draught.  Oxfam said that the water crisis coupled with the ongoing civil war will push Somalia over the edge and that action needs to be taken by the international community so that recent gains in the country will not be lost.

Zimbabwe

ZANU – PF Apology Over Lodge Invasions
New Zimbabwe, January 25, 2011
Ruling Zimbabwe African National Union – Patriotic Front (ZANU-PF) issued an apology to owners of private boat clubs and tourist lodges after their facilities were forcefully invaded by a mob of 200 militants.  The incident sparked fears that the government may be orchestrating a land grab of tourist facilities similar to land grabs in 2000.  However, ZANU-PF denied any involvement or encouragement of the militants and apologized to affected owners.

African Union Commission to Make Case for Zimbabwe Elections Delay to 2013
Voice of America, January 28, 2011
The African Union Political Affairs Department of Human Rights, Elections, Peace and Security will be sending an envoy to Harare to evaluate the current conditions in Zimbabwe and to urge Mugabe to postpone the elections he has proposed for later this year. AU involvement has been largely at the behest of civil society organizations.  In contrast, ZANU–PF spokesperson Rugare Gumbo has stated that as a sovereign state Zimbabwe alone will decide when elections will be held.  The Movement for Democratic Change (MDC) claims elections should not be held until fundamental election reforms have been implemented.

German Embassy in Harare Protest Threatened Zimbabwe Property Seizures
Voice of America, January 28, 2011
The German Embassy has alleged that senior ZANU-PF officials intend to seize private property owned by Germans.  A letter of protest was sent to the Ministry of Foreign Affairs asserting that the property is protected by a bilateral agreement signed by Zimbabwe and Germany that promotes and protects investment.  These allegations follow invasions of tourist retreats in the Manicaland provinces, which the Ministry of Tourism has said are hurting the tourism industry.

Peace Negotiations Watch is a weekly publication detailing current events relating to conflict and peace processes in selected countries.  It is prepared by the Public International Law & Policy Group (PILPG) and made possible by grants from the Carnegie Corporation of New York and the Ploughshares Fund.