Guatemalan Commission Presents Anti-Impunity Plans to United Nations

By Mark O’Brien
Impunity Watch Reporter, North America

GUATEMALA CITY, Guatemala — A commission dedicated to fighting impunity in Guatemala presented a new strategy to the United Nations on Thursday.

Francisco Javier Dall´Anese Ruiz, head of the International Commission against Impunity in Guatemala (left), presented a new strategy at the United Nations on Thursday to protect human rights.

The International Commission against Impunity in Guatemala, known by the Spanish-language acronym CICIG, identified four focus areas.  Commissioner Francisco Javier Dall’Anese Ruiz, alongside Guatemalan Vice President Roxana Baldetti, announced efforts to reduce impunity rates, boost anti-crime measures, stop illegal security forces, and educate people about the threats impunity poses on democracy.

The plans came one week after a United Nations independent expert warned that many Guatemalan children are victims of sexual exploitation and forced labor, despite the government’s protection measures.

“The phenomenon of sexually exploited girls in prostitution is very worrying, “said Najay Maalia M’jid, the Special Rapporteur on child trafficking, in a press release on Aug. 29.

Last month, a Guatemalan police officer was arrested and charged with using a 14-year-old as a sex slave.  Fox News Latino reported that about two-thirds of the 318 sexual violence reports were minors, according to the country’s human rights office.

“The strengthening of institutions that are tasked to implement, coordinate, and evaluate prevention and protection strategies for children should take advantage of the continued technical assistance of the United Nations and the international community,” Maala M’jid added.

There was no indication that Thursday’s announcement by CICIG that its four-focus plan was a product of Maala M’jid’s recommendation.  But UN Assistant Secretary-General for Political Affairs Oscar Fernandez-Taranco said UN leaders greatly values the commission’s work and deserves strong support from the international community.

The United Nations helped establish CICIG in 2006 with the Guatemalan government.  The goal was to create an independent body to help prosecutors, police, and other agencies investigate an illegal security organizations and dismantle them.  In its press release this week, CICIG said its efforts have led to more than 130 people being charged.

The list of Guatemalan dignitaries at Thursday’s announcement included Commissioner Ruiz, Vice President Baldetti, Supreme Court of Justice President Thelma Aldana, President of Congress Gudy Rivera, Attorney General Claudia Paz y Paz, and Minister of the Interior Mauricio Lopez Bonilla.

For further information, please see:

The Commission against Impunity in Guatemala — Commissioner Presents CICIG’s 2012-2013 Work Plan at UN Headquarters — 6 September 2012

The Guatemala Times — CICIG’s 2012-2013 Work Plan Presented at UN Headquarters Today — 6 September 2012

UN News Centre — UN-backed Commission Presents Plan to Fight Impunity in Guatemala — 6 September 2012

UN News Centre — Many Children in Guatemala Still Facing Sexual Exploitation, Forced Labour – UN Expert — 30 August 2012

Fox News Latino — Guatemalan Cop Accused of Holding Teen as Sex Slave — 17 August 2012

Morocco Expels Group of Sub-Saharan Migrants

By Heba Girgis
Impunity Watch Reporter, Africa

RABAT, Morocco—Very early on Tuesday morning, September 4, 2012, several units of Spain’s paramilitary Civil Guard rounded up a group of hopeful African immigrants on a small and uninhabited island on the North African coast. After securing the group, the Spanish paramilitary shipped them off back to the shores of Morocco—a country that is only a few dozen yards away from their rocky sanctuary.

African Immigrants on the Border Between Morocco and Algeria. (Photo Courtesy of International Herald Tribune)

The Spanish media has reported that ten “would be” immigrants—two mothers and eight children—would be allowed to remain on the territory per an agreement between Spain and Morocco. The approximately seventy others were taken back to Morocco and now face a possibility of expulsion to a no-man’s land region between Morocco and its neighbor, Algeria.

Describing the failure of this small group of African migrants attempting to escape to what they believe to be the prosperity of Europe, Spain’s El Mundo said, “Thus ended the dreams of dozens of sub-Saharans.”

This type of incident highlights the lengths to which people will go to fight for a better future. However, it also shows that authorities will create obstacles for these migrants. European governments are facing pressure to stop illegal immigration as it seems to be putting even more pressure on the scarce resources of the continent as the economies of southern European countries are struggling themselves.

The capture of these migrants was the outcome of an overnight joint operation by both Spanish and Moroccan authorities only several days after more than two dozen undocumented Africans either swam or waded across the narrow channel that connects Morocco to Isla de Tierra. Isla de Tierra is a remnant of Spanish presence in Northern Africa along with other enclaves along the African coast.

Although these European countries are trying to protect themselves in these situations, human rights groups have criticized these nations and have expressed concern that in doing so, they are neglecting the rights of migrants especially those who may have a real case for asylum.

Amnesty International, a world-wide organization, has estimated that 600,000 men, women and children have been detained in Europe each year for immigration and migration control reasons. The organization noted that, “There has been a growing trend of ‘criminalization’ of irregular migration in Europe.” Amnesty International also said, “Today, Europe is failing to promote and respect the rights of migrants, asylum-seekers and refugees” and that, “Hostility is widespread and mistreatment often goes unreported.”

A Moroccan human rights group made the argument that the state is responsible for the safety and security of these migrants. However, instead of being handed over to the government they are subjected to beatings, by both the authorities and hired thugs or as stated before, they are sent to the border near Algeria.

According to many different human rights organizations, there are between 20,000 and 25,000 unregistered sub-Saharan immigrants currently living in Morocco who may also try to flee to what they believe to be more opportunity in southern Europe.

 

For further information, please see:

Radio Netherlands Worldwide – Rights Group Slams Morocco Expulsion of Immigrants – 6 September 2012

Zimbabwe Independent – Human Rights Group Slams Morocco Government – 6 September 2012

El Pais – Expelled From Spanish Rock, Immigrants Regroup in Morocco for Next Border Bid – 5 September 2012

ANSA Med – Immigration: Morocco Expels 200 Sub-Saharan Migrants – 4 September 2012

International Herald Tribune – On the Fringes of Europe, a Crackdown on Migrants

ICTJ In Focus September 2012 Issue 24

ICTJ In Focus September 2012 Issue 24

Bakeries Attacked as Clashes Continue in Aleppo

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

DAMASCUS, Syria — Human Rights Watch (HRW) reports that over the past three weeks, at or near at least 10 bakeries in the Aleppo province were attacked by Syrian bombs and artillery, killing dozens of civilians as they lined up to buy bread.  HRW believes that the attacks were specifically targeting civilians.

A child is treated for injuries after an air raid attack took place near a bakery in Aleppo. (Photo Courtesy of Human Rights Watch)

“The attacks are at least recklessly indiscriminate and the pattern and number of attacks suggest that government forces have been targeting civilians.  Both reckless indiscriminate attacks and deliberately targeting civilians are war crimes,” HRW said.

One of the deadliest attacks took place in the Qadi Askar neighborhood of Aleppo, where up to 60 peopler were killed and up to 70 people were wounded.  On August 21 a second attack occurred in the Bab Al-Hadid area of Aleppo, where at least 23 people were killed and 30 people were wounded.

“I was standing near the door of the bakery when the bomb hit – I just covered my head with my hands and ran for my life. I ran into a store next door and only there I realized that I was injured – in my side and left arm,” said “Fais,” a civilian who was injured during the attack.  “There was black smoke everywhere, and broken glass.  The bomb hit the corner of the street, and the shrapnel flew straight into the line – everyone still there was either killed or heavily injured.  I saw one guy on the ground without a leg, another without an arm, then a 16-year-old boy whom I knew, Rafat Makik Halak, without a head…  One of my cousins, Ahmed, lost his arm and leg, and died afterwards. My sister, who was also injured, is still in the hospital.”

“Day after day, Aleppo residents line up to get bread for their families, and instead get shrapnel piercing their bodies from government bombs and shells,” said Emergencies Researcher Ole Solvang, who recently visited Aleppo.  “Ten bakery attacks is not random – they show no care for civilians and strongly indicate an attempt to target them,” he added.  Solvang also said that the neighborhoods in which the 10 bakeries came under attack were a place where “no fighting was taking place before or during the attack.”

“Every pilot who deliberately launches a rocket at a bread line of civilians, and every commander who gives such an order, should face justice for their crimes,” Solvang said.

HRW reports that a Free Syrian Army facility located near one of the bakeries remained unharmed.

For further information please see:

The Egyptian Gazette — Syrian Forces Bombed People Queuing for Bread — 30 August 2012

Gulf News — Syrian Army Attacks on Bakeries — 30 August 2012

Human Rights Watch — Syria: Government Attacking Bread Lines — 30 August 2012

Al Jazeera — Deadly Fighting Rages on in Syria’s Aleppo — 11 August 2012

London High Court Blocks Inquiry Into the 1948 Killing of 24 Malaysians

By Karen Diep
Impunity Watch Reporter, Asia

Yesterday, London’s high court thwarted an inquiry into the killings of 24 unarmed Malayan rubber plantation workers in 1948.

Relatives of fallen victims. (Photo Courtesy of The Guardian)

With the support of over 568 Malaysian groups comprised of schools, temples, and professional groups, relatives of the fallen victims requested the court to launch an inquiry into the 1948 killings.  As a result, this past May, London’s High Court heard their case.

According to Reuters, at the time, officials reported the killing as an operation against anti-communist insurgents or supports attempting to escape.  However, in 1970, soldiers formerly involved admitted to a British newspaper that the killings were in fact pre-meditated.  The soldiers were allegedly ordered to cover the truth.

Sir John Thomas, the president of the Queen’s Bench division, and Justice Treacy rejected the government’s argument that treaties in effect at the time, transferred responsibility to Malaysia.  However, the London’s court rejected the claimants’ argument that the government had a legal duty to hold an inquiry; however,  laimants’ counsel, John Halford, anticipates appealing this decision.

“There is evidence that supports a deliberate execution of the 24 civilians at Batang Kali,” read Tuesday’s judgment.  “The first matter in relation to the purpose of inquiry is to consider whether it can establish the facts.  There are obviously enormous difficulties in conducting an inquiry into a matter that happened over 63 years ago.  Most of the contemporary documents are missing and most of those who were engaged are dead.  Nor, in our view, would it be any easier to determine whether the use of force was reasonable or proportionate.”

“Many of the shameful events at Batang Kali have been firmly established, as has the UK’s ongoing legal responsibility for them,” voiced Mr. Halford.  “If ministers can find the moral courage within themselves to address it, they can do so immediately.  If they fail to act decisively to end the ongoing injustices at the heart of this case, the survivors and families of the Batang Kali massacre will continue to pursue legal action and complete the work this court has begun.”

The Scots Guard beheaded claimant Lim Kok’s father.  “Though the court found the government did not need to hold an inquiry on technical grounds, the fact is that the Scots Guards shot innocent civilians, my father included,” shared Mr. Kok to the Guardian.

Chong Koon Yin’s father Chong Voon suffered the same fate.  “The truth has not been fully revealed.  Without a proper inquiry or a proper acceptance of fault, the government held legally responsible for the killing remains unaccountable.”

For further information, please see:

The Guardian – Relatives lose court case for inquiry in to 1948 Malaya ‘massacre’ – 04 Sept. 2012

The Independent – Judges block 1948 Malaya ‘massacre’ probe – 04 Sept. 2012

Reuters – Britain held responsible for 1948 mass killing in Malaya – 04 Sept. 2012

BBC – British ‘massacre’ in Malaya in 1948 to be reviewed – 08 Sept. 2011