United States Endorses UN Declaration on the Rights of Indigenous Peoples

United States Endorses UN Declaration on the Rights of Indigenous Peoples

By Erica Laster
Impunity Watch Reporter, North America

WASHINGTON, United States – United States President Barack Obama announced the decision of the United States to endorse The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) on Thursday.  Adopted by the United Nations in 2007, the Declaration recognizes the fundamental rights and freedoms which indigenous people in the world are entitled to, banning discrimination against them.  Over 300 representatives of the nations federally recognized tribes were in attendance during the announcement at the White House Tribal Nations Conference.

President Obama announces endorsement decision of UNDRIP at the White House Tribal Nations Conference. Photo courtesy of nativelegalupdate.com.

Obama expressed concern that “by virtue of the longstanding failure to tackle wrenching problems in Indian Country, it seemed as though you had to either abandon your heritage or accept a lesser lot in life; that there was no way to be a successful part of America and a proud Native American.”

Part of the treaty requires “free prior and informed consent” by Tribal nations before the government takes actions which significantly impact Native Americans.

The first drafts of the treaty were written over 30 years ago.  Robert Coulter, the current executive director of the Indian Law Resource Center, was part of the first versions drafted and recognized the Declarations endorsement as the first of many steps in ensuring justice for Native Americans.

Coulter indicated that, “To see the promise of the declaration become a reality, we must continue to fight for laws, policies and relationships that take into account the permanent presence of Indian nations in this country, and throughout the world.”

“Washington can’t – and shouldn’t – dictate a policy agenda for Indian Country.  Tribal nations do better when they make their own decisions,” President Obama stated.

An estimated 350 million people of indigenous background live in the world.  The United States is home to approximately two million of them.  A number of tribal leaders and rights advocates urged the U.S. to re-evaluate its policies toward Native Americans.  The last country to endorse the Declaration, the United States support was preceded by Canada in November, New Zealand in April and Australia in 2009.

For more information please visit:

Inter Press Service – U.S., Last Holdout On Native Rights Declaration, Reverses Stand – 17 December 2010

Amnesty USA Blog – President Obama Endorses the UN Declaration on the Rights of Indigenous Peoples – 16 December 2010

United Nations Permanent Forum On Indigenous Issues – US Endorses Indigenous Declaration – 16 December 2010

17 African Leaders Indicted By The ICC

By Laura Hirahara
Impunity Watch, Africa

Post-election violence in Kenya Photo Courtesy Roberto Schmidt, AFP
Post-election violence in Kenya Photo Courtesy Roberto Schmidt, AFP

NAIROBI, Kenya- Last week the International Criminal Court (ICC) indicted a number of Africans from Uganda, Darfur, the DR Congo, and Kenya for genocide, crimes against humanity and war crimes as defined under the Rome Statute. Among those arrested are six Kenyan officials with ties to the 2008 voting violence that affected over half a million Kenyans and Sudan’s president, Omar al Bashir. Bashir has been charged with ten counts, including five counts of crimes against humanity, two counts of war crimes and three counts of genocide. The six Kenyans indicted are all members of the ruling Grand Coalition and have been implicated in the post -election violence of 2008 that left over 1,100 dead, three times as many injured and over 600,000 displaced.

To date, international arrest warrants against Bashir have not been enforced despite travelling to other ICC member African nations and being barred from attending African Union summits. ICC prosecutor Luis Moreno-Ocampo says despite doing the legal work necessary to bring Bashir to justice, he continues to commit crimes in Darfur. In a statement, Moreno-Ocampo said, “The African Union and Arab League are crucial to stop the crimes, alleviate the humanitarian situation and provide stability to the Sudan.” Bashir is not currently in custody.

Among the Kenyans arrested are Deputy Prime Minister Uhuru Kenyatta, Finance Minister Francis Muthaura, the Civil Service and Cabinet Chief and Industrialization Minister Henry Kosgey, currently suspended Higher Education Minister William Samoei Ruto, Head of Operations (KASS FM) Joshua Arap Sang, and former Police Commissioner and current Chief Executive of the Postal Corporation Mohamed Hussein Ali. The indictments against these officials stem from the violence in 2008 that lasted for over a month after their nation-wide election that many fear will be repeated after the upcoming 2012 elections. Said Prosecutor Moreno-Ocampo, “These were not just crimes against innocent Kenyans[.] They were crimes against humanity as a whole. By breaking the cycle of impunity for massive crimes, victims and their families can have justice. And Kenyans can pave the way to peaceful elections in 2012.”

Kenyans who have come forward to act as witnesses against the ICC indicted are already being threatened and face being ostracized from their own communities. In Kenya, a country marked by strong tribal and ethnic divides that correlate to political loyalties, acting against one’s own group is viewed as a serious betrayal. However, many Kenyans wish to avoid the violence of 2008 and those willing will testify that political candidates and public officials spoke at rallies, urging Kenyans to violence as a means to meet their objectives. One young witness [name omitted] said he attended a rally where Samoei Ruto encouraged “[. . . ] the youth [to] prepare for violence, that the women should start crying in public to encourage the men to do violence.”

For more information, please see;

allAfrica.com- Kenya: ICC Has Indicted 17 Africans– 15 Dec., 2010

Afrique en Ligne- Kenya: ICC Strikes Heart of Kenya’s Grand Coalition Cabinet– 19 Dec., 2010

The Christian Science Monitor- Threat to Kenya’s ICC Witnesses: Traitors Will Be Dealt With ‘Ruthlessly’– 15 Dec., 2010

MSNBC.com- Prosecutor: Kenya’s Deputy PM is War Criminal– 15 Dec., 2010

M&C News- International Prosecutor Pushes For Arrest of al Bashir– 9 Dec., 2010

International Committee for the Red Cross Newsletter

ICRC
Regional Delegation for the United States and Canada


Click here to access the following stories from the ICRC December 2010 Newsletter:

  • Afghanistan: A People Trapped Between Sides
  • ICRC Presents Record Field Budget for 2011
  • Interview with Pierre Krahhenbuhl, ICRC Director of Operations
  • ICRC Selection of Photos 2010
  • Announcing the Winners of the ICRC Young Reporter Competition

Guatemalan Fugitive and Former Interior Minister Re-Arrested in Spain for extra-judicial killings

By Erica Laster                                                                                                                       Impunity Watch Reporter, North America

GUATEMALA CITY, Guatemala – Spanish authorities re-arrested Former Interior Minister Carlos Vielmann in Spain on Thursday for the second time this month.  Vielmann is wanted in connection with the execution of prisoners at El Pavon Prison in Guatemala, extrajudicial killings and the murder of case witnesses. Evidence suggests that the murders were not the result of a vicious gun battle, but a carefully staged execution. 

Francisco DallAnese discusses the work of International Commission Against Impunity In Guatemala.  Photo courtesy of CNN.
Francisco Dall'Anese discusses the work of International Commission Against Impunity In Guatemala. Photo courtesy of CNN.

After Guatemalan authorities were unable to capture Vielmann, Spanish authorities arrested him on the basis of a Guatemalan warrant.  40 days later, authorities were forced to release him because of lack of an extradition request.

In 2006, 7 inmates were killed at El Pavon prison immediately preceding a raid where authorities were thought to have discovered corruption among inmates.  Authorities later discover that top officials and prison personnel were involved in illegal and illicit activities including drug trafficking and prostitution.  Guatemalan authorities are also seeking his arrest in connection with the killing of 3 escaped inmates located at El Infiernito prison in 2005.

The UN backed group, International Commission Against Impunity in Guatemala, spearheaded the effort to bring down the former Interior Minister after discovering his involvement.  New photographic evidence shows Vielmann standing next to prison officials the day of the uprising.  Further photographic evidence shows that some prisoners were redressed and moved after being executed.

A report by the Guatemalan Human rights Ombudsman’s Office and new physical evidence tracks the fate of various inmates.  One inmate was shown shot to death with no bullet holes in his clothing, suggesting that he was shot while naked and redressed to cover the execution. 

“There are no super-citizens that are above the law,” says Francisco Dall’Anese, head of the International Commission Against Impunity in Guatemala.  Vielmann was arraigned Thursday after turning himself into authorities, charged with murder, crimes against humanity and released on $132,000 bail.    

For more information, please visit:

CNN – Fugitive Guatemalan Official Re-arrested – 17 December 2010

CNN – Photos Provide Evidence In Guatemalan Killings Case, Officials Say – 15 December 2010

CNN – Spain Re-arrests Ex-Guatemalan Minister – 16 December 2010