Concern Mounts as Violence Against Women on the Rise in the Middle East

Concern Mounts as Violence Against Women on the Rise in the Middle East

By Tyler Yates
Impunity Watch Reporter, Middle East

WASHINGTON D.C., United States — United States Secretary of State Hillary Clinton expressed concern earlier this week over reports of the wide scale use of violence against women throughout the Middle East to intimidate and punish pro-democratic reformers.

“Rape, physical intimidation, sexual harassment, and even so-called ‘virginity tests’ have taken place in countries throughout the region,” Clinton noted.  “These egregious acts are violations of basic human dignity and run contrary to the democratic aspirations so courageously expressed throughout the region.  It is an affront to all people who are yearning to live in a society free from violence with respect for basic human rights.”

A victim of the use of government sanctioned sexual assault during the Libyan conflict (Photo courtesy of the Daily Mail).
A victim of the use of government sanctioned sexual assault during the Libyan conflict (Photo courtesy of the Daily Mail).

The use of mainlined sexual assault, as a weapon for war, first gained notoriety in the Democratic Republic of Congo during the early 1990’s.  Since that time, it has developed an even more twisted arsenal of usage for reasons of torture and repression.  It has become a key weapon against the dissident women, who dare speak out against their governments, in what have been termed the Arab Spring revolts.

The fact that sexual assault has become such a prevalent issue in the Middle East should come as no surprise.  A UN report, released in early July, revealed some egregious truths about the plight of justice for women worldwide.  Even though such violence has been outlawed in 125 countries, globally 603 million women still live in countries where it is not considered a crime.

The Middle East region has the least number of countries with laws against domestic violence, sexual harassment, and rape.  Dr. Moraz Doraid, the officer-in-charge of the United Nations Women’s Division of Management and Administration, attributes this to cultural generalizations, which lead countries to believe that the problems do not exist because the culture and traditions ensure the protection of women.

Solid data on the amount of incidents of violence against women in the Middle East is almost non-existent.  Victims rarely come forward, and those that do must face a lengthy police reporting process that usually culminates in the perpetrator escaping charges. These women suffer institutional barriers such as lack of autonomy, little knowledge of the law, lack of financial resources, and the threat of permanent stigma.  Such adds injury to insult.

Still, there is some hope of change in the future.  Reports have shown that countries with higher political involvement from women are more likely to serve women’s interests.  The rise in use of sexual assault as a weapon may be a harbinger of a fear that haunts the current traditionalist Middle Eastern regimes.  The women are finding their political voice.

For more information, please see:

Al Arabiya —  Anita Anand: Pursuing Justice for All Women — 18 July 2011

Today’s Zaman — UN report: Turkey US, EU in violence against women — 17 July 2011

Voice of America — Clinton Condemns Sexual Violence in the Mideast — 15 July 2011

The Daily Star — HRW urges Parliament to pass domestic violence bill — 7 July 2011

Kuwait Times — One in three women in Kuwait ‘a domestic violence victim’ — 5 July 2011

Malaysian Government Arrests 1600 Protesters

By: Greg Donaldson
Impunity Watch Reporter, Asia

KUALA LUMPUR, Malaysia– At least 1600 people were arrested last Saturday after police officers rushed to break up a protest seeking electoral change. Police ended the protest by firing tear gas and water cannons. While injuries were low, the Daily Star reports that a 59-year-old taxi driver died during the rally as he attempted to flee from tear gas. The police, however reported that the man was a bystander whom died of a heart attack based on reports by the Jakarta Globe.

Malaysian police arrest protesters (Photo Courtesy of CNN)
Malaysian police arrest protesters (Photo Courtesy of CNN)

The protest was organized by a coalition of opposition groups known as Bersih 2.0. The government had already declared Bersih an illegal organization and anyone found with any Bersih-related materials could be arrested says CNN.

Prior to the protest, opposition leader Anwar Ibrahim wrote on his blog:

“Our reason for gathering is pure and simple — to demand that the electoral roll be cleaned, that the postal voting system be reformed, that indelible ink be used, a minimum 21 day campaign period be instated, free and fair access to media for all be provided, public institutions be strengthened, and for corruption as well as dirty politics to be stopped.”

The Malaysian Bar Council said in a report Tuesday that its monitors witnessed the police using tear gas and water cannons “arbitrarily, indiscriminately and excessively” and “beating, hitting and kicking the rally participants.”

The protesters, it said, acted in a “peaceful and calm manner,” except for an incident in which “one or more” people threw plastic bottles at a television reporter reports the New York Times.

On Wednesday, Malaysian Prime Minister Najib Razak defended the actions of his government. “Public order is very important in Malaysia because if we allow for street demonstrations, there’s no end to it, there will be another group that wants to demonstrate.” Mr. Najib also explained that while the government had banned protests in the capital city, the protestors had the option to hold their event outside of the capital city but refused to do so.

Najib accused opposition leader Anwar Ibrahim of planning the rally and manipulating rally organizers to gain support for his campaign to become the new prime minister says the Daily Star.

On Thursday, the Human Rights Commission of Malaysia announced that it planned to examine police conduct during the protest. Muhammad Sha’ani Abdullah, a member of the commission, said they decided to act after receiving complaints from the public, protest organizers, and rights groups. “We are also acting on media reports and our own observations during the rally,” said Abdullah in a New York Times report.

Saturday, US State Department Spokesman Mark Toner described concerns over the events last weekend. “Obviously, we stand for… the right for people to freely express their democratic aspirations and express their views freely.”

Toner stressed that the US would stand up for Malaysians’ “universal right” to assemble but stressed that it was the responsibility of protesters here to do so in a non-violent manner reports the Malaysian Insider.

For more information, please see:

Sydney Morning Herald —Condemn Malaysian crackdown, US urged – 18 July 2011

BBC — US concern at Malaysia crackdown on protests – 14 July 2011

Malaysian Insider — US voices concern over Bersih crackdown – 14 July 2011

New York Times — Malaysian Prime Minister Defends Muzzling of Protests – 14 July 2011

CNN — Malaysian authorities crack down on protesters – 12 July 2011

Daily Star — Malaysia defends protest crackdown – 11 July 2011

Jakarta Globe — Malaysian PM Defends His Regime’s Protest Crackdown – 10 July 2011

Congress Needs Human Rights Assurances To Support Russia MFN Vote

Originally Published by Inside US Trade
July 15, 2011

There is a growing sense in Washington that members of Congress will need assurances on human rights if they are to agree to grant Russia permanent most-favored nation (MFN) status, which is necessary if U.S. companies are to fully benefit from Russia acceding to the World Trade Organization.

In a July 7 statement, House Foreign Affairs Committee Chairman Ileana Ros-Lehtinen (R-FL) argued that extending permanent MFN and ushering Russia into the WTO is “simply not an option” until Russia is pressed to improve its human rights record. A congressional aide said this sentiment is shared by other members of Congress.

According to an informed source, the White House opposes directly linking improvements in Russia’s human rights situation to Russia’s WTO accession, but since January has nonetheless been advancing the idea that Congress should consider separate human rights legislation this year.

The White House wants to head off a situation where Congress would put off a vote on extending permanent MFN status due to objections on human rights abuses or lack of democracy in Russia, this source said.

President Obama raised both human rights abuses and WTO accession in July 13 discussions with Russian Foreign Minister Sergey Lavrov, according to a White House statement, although that statement gave no indication that Obama directly linked the two issues.

In particular, Obama discussed the death of Sergei Magnitsky, a Russian lawyer who died in government custody after uncovering a massive tax fraud by Russian government officials. Obama also reaffirmed U.S. support of Russia’s efforts to complete its accession to the WTO this year, and discussed other issues as well, according to the White House statement.

Ros-Lehtinen has no direct jurisdiction over the MFN vote, but she could use her chairmanship to sway the House leadership to take her position, sources said. Alternatively, she could devise her own human rights bill that would fall under the jurisdiction of her committee.

In April, Mike McFaul, the White House National Security Adviser on Russia, said that members alarmed about Russia’s human rights record could back legislation that would penalize Russian officials found to have contributed to Magnitsky’s death and are involved in other gross human rights abuses (Inside U.S. Trade, April 22).

The bill in question is sponsored by Sen. Ben Cardin (D-MD) and would authorize the United States to impose a travel ban and financial sanctions on Russian individuals believed to have been directly involved in Magnitsky’s prison death. It would also ban U.S. visas and freeze U.S. assets of Russian individuals found to be directly involved in other gross violations of human rights, such as murder, torture or imprisonment.

Cardin’s bill currently has 18 co-sponsors, including fellow Finance Committee members Sen. Jon Kyl (R-AZ) — who also serves as the Senate Republican whip — and Sen. Robert Menendez (D-NJ). Senate Majority Whip Richard Durbin (D-IL) has also signed on to the bill. The measure is pending before the Senate Foreign Relations Committee.

In the House, a more limited bill is pending before the Judiciary Committee. The House bill would only apply visa bans and asset freezes to those directly involved in Magnitsky’s death but not other human rights violations.

The legislation may become a required trade off for some senators to support the administration’s push to get a vote on permanent MFN and the repeal of the Jackson-Vanik amendment in Congress, according to a congressional aide. Delay in moving this legislation may lead to a delay in the Jackson-Vanik vote, he said.

Passing this legislation could give political cover to members who are nervous about voting in favor of permanent MFN for Russia because they could also support a measure that addresses Russia’s human rights abuses.

The congressional aide acknowledged that the asset freeze may not have a large financial impact due to the fact that many Russian individuals in question do not have assets in the United States or could easily pull their assets out once they know they are subject to an investigation.

But it will put pressure on the European Union, which is also considering a similar policy for freezing assets and banning visas for questionable Russian individuals, to adopt a similar model. This is significant because many Russian individuals keep many of their assets in the EU and travel frequently to EU member states, this source said.

By banning the entry of Russian individuals to the United States, this source said the bill would make a strong symbolic statement to a country whose population is eager to immigrate to the United States and find opportunity here.

The White House is considering formally supporting the legislation in response to growing criticism in Congress over Russia’s human rights issues, but is facing opposition from the State Department, according to an informed source.

The State Department has been cautious toward the White House fully supporting Cardin’s bill, asking instead for a non-binding version or a “sense of the Congress” resolution, according to a congressional source.

State is the lead agency in the bill to carry out the visa ban and will work with the Treasury Department to freeze assets of individuals listed.

State has made it clear that it wants sufficient due process provisions to accompany any kind of asset freeze carried out by the Treasury Department, such as a verification process to make sure assets frozen truly belong to someone listed.

Additionally, State is concerned that the bill’s provision that would allow any member of Congress to submit a request for an individual to be investigated for possible sanctions under the law and require a response within 30 days might expose the department to unreasonable requests by congressional members wishing to make political statements.

A congressional source said that some of its objections could be addressed by having the legislation limit requests only to the chairmen and ranking members of the relevant committees and giving State 90 days to respond to a request, according to a congressional source.

The Sergei Magnitsky Rule of Law Accountability Act of 2011, S. 1039, is a reintroduction of a bill first proposed by Cardin last year but not pushed in the lame-duck session so as not to jeopardize the ratification New Strategic Arms Reduction Treaty (START), which Cardin supported.

The bill may have more traction this year not only because of Russia’s pending WTO accession but because many senators “went out on a limb” for the administration to approve New START despite human rights concerns at the end of last year.

Members of Congress this year were confronted by a spate of events this year that reflect poorly on Russia’s human rights record. These included the news that high-profile Russian prisoner Mikhail Khodorovsky was convicted a second time, extending his prison sentence to at least 2016, the congressional source said.

The 2003 imprisonment of Khodorovsky, a former Russian oil tycoon, has been criticized in the United States as a heavy-handed response to Khodorovsky challenging the power of then Russian President Vladimir Putin.

Additionally, Russia has stated that it will not honor the terms of New START if the United States pursues a missile defense program in Europe because Russia considers it a threat to its security. The terms of the treaty allow for the United States to pursue missile defense efforts, sources said.

The bill may also gain more support after Russia banned the formation of an opposition party this year and had, for a time, instituted a travel ban that prohibited two of the party’s organizers from leaving Russia. The travel ban was overturned last week, sources said, most likely in response to the fact that a travel ban was directly contradictory with the Jackson-Vanik amendment’s provisions on the free movement of people.

The Jackson-Vanik amendment is part of Title IV of the Trade Act of 1974 and makes MFN conditional on Russia’s emigration policy. For Russia the amendment was meant to pressure the country to allow the free emigration of its Jewish population but it applies to the movement of all people. If the amendment is repealed by Congress, it gives the president the authority to grant permanent MFN to Russia, which will allow the United States to take advantage of the tariff and trade commitments that Russia will make as part of its WTO accession.

The United States has granted Russia conditional MFN for many years recognizing the fact that Russia no longer restricts the movement of its people.

Agencies “cover” officials involved in Magnitsky case – rights activist

Originally published by Russia & CIS Business and Financial Newswire
July 1, 2011

MOSCOW – July 1 (Interfax) – Human rights activists intend to name the
officials who may be involved in Hermitage Capital lawyer Sergei
Magnitsky’s case, who died in a Moscow detention facility.

The names will be mentioned in the interim report on the Magnitsky case,
which the presidential Human Rights Council plans to pass to President
Dmitry Medvedev on July 5, Kirill Kabanov, the head of the public
organization National Anti-Corruption Committee, told Interfax on Friday.

“We will raise questions about the names of the people who may be
interested in the Magnitsky case,” Kabanov said.

The working group of the presidential Human Rights Council is actively
working with the Russian Investigations Committee, which is investigating
Magnitsky’s death.

“We have come to the following interim conclusion: Unfortunately, it may be
impossible to subject all participants in this trial to criminal liability.
Agencies are covering them. Courts have made many illegal decisions.
Dealing with courts is a big problem,” Kabanov said.

The interim report will not state the final conclusion on the cause of
Magnitsky’s death, Lyudmila Alekseyeva, a member of the presidential human
rights council, a member of the Council’s working group on the Magnitsky
case, and head of the Moscow Helsinki Group, said.

Magnitsky, a lawyer for the investment foundation Hermitage Capital, died
in the Matrosskaya Tishina detention facility on November 16, 2009, at the
age of 37. He was charged with tax evasion.

Magnitsky’s death drew a broad public response. The Investigations
Committee opened a criminal case on charges of failure to provide
assistance to a patient and negligence.

According to two forensic evaluations, Magnitsky died of acute heart
insufficiency. The experts confirmed that Magnitsky was suffering from the
illnesses he was diagnosed with earlier, but said those illnesses were not
at an acute stage.

Despite the dismissals in the Federal Service for the Enforcement of
Punishments, human rights activists believe no real investigation into the
causes of Magnitsky’s death was conducted.

War Crimes Prosecution Watch, Vol. 6, Issue 8 — July 18, 2011

Volume 6, Issue 8 — July 18, 2011

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

Darfur, Sudan

Democratic Republic of the Congo

Kenya

Libya

AFRICA

International Criminal Tribunal for Rwanda

EUROPE

European Court of Human Rights

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

NORTH AND SOUTH AMERICA

United States

TOPICS

Terrorism

Piracy

Universal Jurisdiction

Gender-Based Violence

REPORTS

UN Reports

NGO Reports

TRUTH AND RECONCILIATION COMMISSIONS

Honduras

Ivory Coast

Kenya

Sri Lanka

Thailand

COMMENTARY AND PERSPECTIVES

WORTH READING

—

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. For more information about War Crimes Prosecution Watch, please contact warcrimeswatch@pilpg.org.