International Criminal Court Recognizes Palestine as an Observer State

By Kathryn Maureen Ryan
Impunity Watch, Managing Editor

RAMALLAH, Palestine – In a move that could signal the possibility of an prosecution of war crimes allegedly committed by members of the Israeli armed forces as well as Hamas during the 2014 armed conflict between the two groups the International Criminal Court granted observer state status to the Palestinian Authority on Monday. The move clears the way for alleged war crimes to be investigated in the occupied Palestinian territories. The ICC, which is governed by the Rome Statute, is the first permanent, treaty-based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community including war crimes, genocide and crimes against humanity.

The entrance of the International Criminal Court (ICC) in The Hague. (Photo courtesy of the Jerusalem Post)

The President of the Assembly of State Parties of the Rome Statute of the ICC noted that this step was not indicative of any imminent indication that the court’s judicial body might later take on the issue of potential crimes committed in the occupied territories. “The assembly takes the following decisions on procedure independently and without prejudice to decisions taken for other purposes, including the decisions of any other organization or any organ of the court concerning legal matters before it,” she said.

“At the same time I recall that Rule 94 of the rules of procedures states that at the beginning of every session of the assembly the president, subject to the adoption of the assembly, may invite states which are not parties to the Rome Statute and which have not signed the final act nor the statute to attend the assembly proceedings.”

After the meeting, the Palestinian Liberation Organization (PLO) Ambassador to the UN in New York Riyad Mansour said that Palestine’s formal inclusion as an observer nation sent “a signal that we are inching closer and closer to the moment of signing on and becoming a state party to the ICC.” He continued “We have consensus among the Palestinian people and among the political groups within the PLO and outside the PLO that we should take that step. What happened today is inching forward in this direction.”

Monday’s decision is a symbolic victory for advocates of Palestinian statehood who have called on the Palestinian Authority to be granted a seat at the International Criminal Court in The Hague. Monday’s decision means that it is now legally possible for war crimes to be investigated in the occupied territories by the International Criminal Court if requested. “What this means is that Palestine is now listed as a ‘non-state party observer’ – exactly the same status as the US or Russia or every other country that is not a signatory of the Rome Statute,” said Al Jazeera Diplomatic Editor James Bays reporting from the United Nations Headquarters where the open meeting of the assembly of states parties of the International Criminal Court occurred on Monday. “In other words, all the ICC signatories now consider Palestine to be a state. The acceptance is symbolic but adds to the international momentum for Palestinian statehood and has legal repercussions,” he said. “If Palestine now applies to join the Rome Statute, it will be much harder to reject them. The acceptance clearly brings war-crimes trials against Israelis one step closer.”

For more information please see:

Al Arabiya – Palestinians secure observer status at ICC – 9 December 2014

Al Jazeera – Hague-based ICC accepts Palestine’s status – 9 December 2014

International Business time – Palestine Becomes Observer in International Criminal Court, Can Seek Probe into War Crimes – 9 December 2014

The Jerusalem Post – Palestinians gain observer status at ICC Assembly of State Parties – 9 December 2014

Nigerian Oil Workers Plan Three Day Strike in Protest of Unfair Labor Practice

By Kathryn Maureen Ryan
Impunity Watch, Managing Editor

ABUJA, Nigeria – Nigeria’s two oil unions are planning to start a three-day strike this week to protest what they say are the unfair labor practices of the oil sector. The Unions are also planning to put pressure on the Nigerian government to pass the Petroleum Industry Bill (PIB), a bill that experts believe is unlikely to pass before February’s elections. The strike is being organized by The Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN) and the Nigerian Union of Petroleum and Natural Gas Workers (NUPENG), and has been described as a “warning strike” intended to remind the Nigerian government, as well as the oil sector as a whole, of the power held by the Nigerian oil worker.

Nigeria is Africa’s largest producer of crude oil. While the sector makes up the largest proportion of the Nigerian economy, the sector has had a devastating impact on the Nigerian Environment with oil workers put at risk. (Photo courtesy of BBC News)

The union alleges that the industry has failed to recognize and reach adequate collective bargaining agreements, failed to restate wrongly terminated employees and failed to promote qualified workers in the industry among other concerns. The union also alleged that oil workers have faced unfair victimization by their employees. The Union also alleges high levels of corruption within the Nigerian government, essentially in regard to the issues of oil theft and vandalism which has had a devastating effect on Nigeria’s environment and places oil workers at risk. PENGASSAN alleges a high level collaboration between agencies, politicians and highly placed Nigerians in the buccaneering racket of oil and gas installations, adding that the ugly trend signifies a looming extinction of the oil and gas industry with attendant job losses.

The strike follows the end of a 14-day ultimatum issued by the National Executive Council (NEC) of PENGASSAN to the federal government and other concerned employers’ and agencies in the oil sector. The NEC said the ultimatum had expired without any meaningful resolution or commitment from either the government or the concerned employers’ and agencies at resolving the issues. A statement issued by the oil workers union said all organs of the union have been fully mobilized for the strike actions which they say will affect every value chain in the upstream, midstream and downstream oil and gas industry.

Nigeria is Africa’s largest producer of oil as well as the continent’s largest economy. Oil wealth from crude oil production accounts for 70% of the government’s revenue and 95% of the foreign exchange income. The majority of the country’s oil is extracted by major foreign corporation with more than 80% being pumped by Royal Dutch Shell Plc, Exxon Mobil Corp., Chevron Corp., Total SA and Eni SpA in joint ventures with state-owned NNPC.

Speaking from Lagos, Nigeria’s industrial capital, Babatunde Oke, a spokesman of the Petroleum and Natural Gas Senior Staff Association of Nigeria, said by phone from Lagos, said the exact timing of the strike will be announced once all plans are finalized. “Oil workers have concluded plans to shut down all oil and gas installations in the country due to the anti-labor activities of some employers,” Oke said in an earlier statement.

For more information please see:

All Africa – Nigeria: PENGASSAN to Embark on a Three-Day Warning Strike Over Non-Passage of PIB – 8 December 2014

Bloomberg – Nigeria Oil Unions Plan Three-Day Strike Over Labor Practices – 8 December 2014

Reuters – UPDATE 1-Nigeria oil bill unlikely to pass before Feb election – finance min – 18 November 2014

BBC News – Nigeria Profile –5 November 2014

Anniversary of Unarmed Teenager’s Death by Police Officer Brings Renewed Violent Protests in Athens

By Kyle Herda

Impunity Watch Reporter, Europe

ATHENS, Greece – Protests in Athens have erupted into violent clashes with police today on the anniversary of an unarmed teenager being killed by a police officer.

Petrol bombs erupt in Athens as protesters clash with riot police. (Photo courtesy of BBC)

On December 6, 2008, 15-year-old Alexandros Grigoropoulos was shot and killed in Athens. Grigoropoulos and a friend were arguing with two police officers and one officer went back to his patrol car to get a gun, then returned and shot Grigoropoulos dead. Violent protests lasted for two weeks following the killing. Epaminondas Korkoneas, the police officer who killed Grigoropoulos, is serving a life sentence for the murder. Vasilis Saraliotis, the other police officer involved in the incident, is serving a 10 year sentence for accessory to murder.

Now, nearly 6,000 people are protesting in Athens again to mark the anniversary, and around 18,500 police officers are ready for the protests. Marches turned violent as protesters broke into a clothing store and stole clothes to burn in the street. The neighborhoods of Exarchia and Thessaloniki have held most of the fighting, with police firing tear gas and pepper spray. Over 200 protesters have been arrested, and so far no casualties have been reported. Fighting and protests appear to be going strong into the night.

Prime Minister Antonis Samaras is going to meet with the parents of Nikos Romanos, a friend of Grigoropoulos who was present for his killing. Followers of Romanos have been some of the leaders of current protests, as Romanos is currently being hospitalized due to a hunger strike that has lasted nearly a month, and he was imprisoned anyways due to participation in a bank robbery including a hostage early last year.

For more information, please see:

Huffington Post – Violent Protests Mark Anniversary of Police Killing in Greece – 6 December 2014

BBC – Clashes at Greek Protests to Mark Police Shooting – 6 December 2014

ABC News – Protests in Greece on Police Shooting Anniversary – 6 December 2014

The Telegraph – Violence Erupts in Greece – 6 December 2014

Greek Reporter – Alexandros Grigoropoulos: The Killing that Shook Greece – 6 December 2014

The True Cost of Wal-Mart’s ‘Everyday Low Prices’: Victims of Bangladesh’s Tazreen Factory Fire Still Wait For Compensation From U.S. Companies

By Kathryn Maureen Ryan
Managing Editor, Impunity Watch

DHAKA, Bangladesh – Two years ago last month a deadly fire broke out in the in the Tazreen Fashion factory in the Ashulia district on the outskirts of Dhaka, Bangladesh. At least 17 women and girls were killed in the factory, which made clothing for several major American brands including Wal-Mart and the Walt Disney Company. The fire injured at least 200 workers, making it the deadliest factory fire in Bangladeshi history. Workers in the factory were subjected to sweatshop labor conditions and low pay, as well as an unsafe working environment. Many of the women and girls who worked in the factory were trapped inside when the fire broke out on 24 November 2012 because the factory management had padlocked the exits to prevent workers from leaving early or even taking breaks. Several workers jumped out of windows in an attempt to escape the flames engulfing the factory floor. One survivor, Mohammad Ripu, who jumped from the second floor in an attempt to escape the flames, said that the factory manager had said to the workers after the fire alarm began sounding that “the fire alarm had just gone out of order. Go back to work.”

A Bangladeshi woman holds a portrait of her relative who went missing in the Nov. 24, 2012 fire at Tazreen Fashions factory as she forms a human chain with others during a protest in Dhaka, Bangladesh calling for an end to poor working conditions. (Photo courtesy of Mint Press News)

Three supervisors from the factory were arrested on 28 November 2012, on charges of criminal negligence. Police cited the practice of padlocking exits allegedly used by factory management. Tazreen Factory owner Delwar Hossain claimed that the premises were not unsafe, adding, “It is a huge loss for my staff and my factory. This is the first time we have ever had a fire at one of my seven factories.” However, it was known that the building was not up to code. Investigators found that the fire safety certificates for the facility had expired. This level of negligence is common in factories across the developing world, especially in the garment industry, where workers are underpaid and often subjected to sub-standard working conditions.

Two years after the fire, survivors continued to share their stories. “I jumped from the fourth floor. I lost my eye and broke my spinal cord and leg,” Shahnaz Begum, a Tazreen worker said. “I can’t stand straight and I can’t lie down. I can’t work – I don’t know if I’ll ever be able to. I’m still waiting for fair compensation.” Even two years after the deadly fire took the lives of at least 17 people and sparked international outrage over the poor working conditions in sweatshops across Bangladesh and around the world, the victims of the deadly event and their families are still waiting for compensation from the western companies that contracted with the factory, including well known American brands.

These brands include labels produced by Wal-Mart Stores, Inc., reportedly the largest buyer at the Tazreen factory, as well as Walt Disney Co., Sears Holdings Corp, Dickies, Delta Apparel, Sean Jean, and several others. Advocacy groups say these brands continue to refuse not only to offer adequate compensation, but to even enter into discussions regarding the events with representatives of survivors and their families forward. Essentially, these brands have attempted to distance themselves from the horrific events that unfunded at the Tazreen factory in order to avoid drawing attention to the fact that their business models depend on the use of slave-like sweatshop labor.

“Wal-Mart has yet to take any responsibility for the workers killed and injured,” Babul Akhter, a representative the Bangladesh Garment and Industrial Workers Federation, said last week. Workers at the Tazreen factory say that when the fire broke out, they had just finished filling a shipment to Wal-Mart. According to IndustriALL Global Union, an umbrella group with 50 million members worldwide, US brands that bought projects from the factories continue to refuse to move forward on compensation talks. “None of these brands have paid a cent towards compensation,” IndustriALL states.

The Tazreen factory fire is often compared to the Triangle Shirtwaist Factory fire of 1911, which took the lives of more than 100 garment workers in a sweatshop in Manhattan, many of the women and girls who were killed in the fire jumped to their deaths to escape the smoke and flames after they were locked into the building. The Triangle Shirtwaist Factory fire became one of the most significant events in the American Labor Movement sparking calls for stricter workplace safety standards, fair pay, and unionization across the United States. The Tazreen factory fire has had a similar effect in Bangladesh. The event reminded the world that low-priced clothing comes at a cost, and strengthened calls among factory workers in Bangladesh and around the world to demand safer working conditions, fair compensation, and even the right to join a labor union.

For more information please see:

Mint Press News – Two Years On, Bangladeshi Garment Workers Still Awaiting Compensation from Major US Brands – 4 December 2014

Clean Clothes Campaign – Agreement on Tazreen compensation announced – 23 November 2014

The New York Times – Documents Reveal New Details about Walmart’s Connection to Tazreen Factory Fire – 10 December 2012

The Wall Street Journal – Bangladesh Fire: What Wal-Mart’s Supplier Network Missed – 10 December 2014