News

UN Special Investigator Says Chile Should Stop Using Anti-Terrorism Law Against Mapuche Indians

By Ellis Cortez
Impunity Watch Reporter, South America

SANTIAGO, Chile – A senior United Nations investigator has urged Chile’s government to stop using anti-terrorism law against the country’s Mapuche Indians who are fighting to recover their ancestral land.

Mapuche Indians from the Temucuicui Autonoma community , 9 Feb 2013
Anti-terrorism law has been used against the Mapuche for more than 10 years. (Photo Courtesy of The Associated Press)

The Mapuche Indians make up 9% of the Chilean population. They live in rural communities and suffer from high levels of poverty.

Ben Emmerson, the U.N.’s special investigator on Human Rights and Counter-Terrorism, said a long-running dispute over land rights could boil over into serious violence and disorder at any moment unless urgent action is taken. He says the situation is “volatile” in the southern regions of Araucania and Bio Bio, where most Mapuche live.

Chile’s anti-terrorism law, drafted by General Augusto Pinochet in 1984 is one of the harshest in the Chilean statute book. It doubles the sentences for some offenses and allows for the conviction of defendants on the basis of testimony from anonymous witnesses.

Human rights groups say the law is abusive because it allows for suspects to be held in isolation without charge and for the use of secret witnesses and telephone taps.

“The anti-terrorist legislation has been used in a way that discriminates against the Mapuche. It has been applied in a confusing and arbitrary way, which has turned into a real injustice that has impaired the right to a fair trial, and it has been perceived as stigmatizing and delegitimizing of the Mapuche territorial demands and protests,” Emmerson said.

Mapuche prisoners have staged lengthy hunger strikes to protest the anti-terror law and what they regard as excessive police violence during raids on Mapuche communities. Other forms of protest have ranged from marches, occupation of public buildings, and setting up roads blocks.

“The preliminary conclusions of the U.N. official go along with what we’ve been saying: that there’s no terrorism and that this is a disproportionate law that only creates more tensions,” said Aucan Huilcaman, a Mapuche leader. “If Chile really wants to show its democratic side it must recognize the Mapuche people,” Huilcaman added.

There was no immediate response from Chile’s government.

The Mapuche conflict has been going on for years in the south, with sporadic outbursts of violence. In January of this year, a group of attackers set fire to a house belonging to an elderly couple whose family had a history of poor relations with the Mapuche neighbors. The couple died in the blaze. Their deaths shocked Chileans and raised questions about the inability of President Sebastian Pinera’s government to meet the demands of Chile’s largest indigenous group.

Emmerson said Chile’s government should come up with a strategy to solve the dispute, speed up the return of land and recognize the country’s largest indigenous community under the constitution.

For more information please see:

ABC News – UN: Chile Should Solve Land Dispute With Mapuche – 31 July 2013

CNN Chile – Relator de la ONU sobre Ley Antiterrorista: “Ha sido aplicada en una forma que es ilógica, discriminatoria y contraproducente” – 30 July 2013

El Universal – Relator de ONU advierte a Chile riesgo del conflicto mapuche – 30 July 2013

BBC – UN criticises Chile for using terror law on Mapuche – 30 July 2013

Fox News – UN official says Chile should stop using anti-terrorism law against Mapuche in land dispute – 30 July 2013

Israeli Cabinet Expands Government Subsidies to Illegal West Bank Settlements Just Days after the Resumption of Israeli-Palestinian Peace Talks

By Kathryn Maureen Ryan
Impunity Watch, Middle East

JERUSALEM, Israel – The Israeli cabinet voted on Sunday to expand its list of West Bank settlements eligible for government subsidies. The vote came just days after the resumption of the long-halted peace talks with the Palestinian Authority.

Israel cabinet expands government subsidy eligibility to West Bank Settlement amidst the resumption of peace talks with Palestinian Officials. (Photo courtesy of Al Jazeera)

The Cabinet voted to expand the number of communities included on its “national priority map,” a list of poor communities prioritized to receive housing subsidies and other government benefits. The list includes 91 settlements in the occupied West Bank region, up from 85 on the 2012 version of the map.

Many of the West Bank settlements included on the list would most likely be required to evacuate if the current peace talks result in an agreement between the Israeli and Palestinian governments.

Until recently, three of the settlements added to the list, Rehelim, Sansana and Bruchin were classified as “illegal outposts”, meaning they were constructed without the approval of the Israeli government. However, the Israeli government retroactively legalized them by normalizing their last year though a cabinet vote. They are now recognized by the Israeli government and eligible for government funding.

The Palestinian Authority seeks to reclaim lands captured by Israel in 1967, in the hopes of establishing a state that will include the West Bank, Gaza and east Jerusalem, with Israel’s borders returning to the pre-1967 lines. Since 1967, the Israeli government has allowed the construction of dozens of settlements on Palestinian lands. The settlements have been deemed illegal under international law by most of the international community. These settlements are now home to roughly 560,000 Israelis.

Hanan Ashrawi, a senior Palestinian official stated that she believes the cabinet’s action “will have a destructive impact” on the peace process. She believes that the vote affirmed suspicions felt by many Palestinians about the Israeli government’s motivations for agreeing to participate in the peace negations. She argued, “[t]his is exactly what Israel wants. Have a process for its own sake, and at the same time have a free hand to destroy the objective of the process.”

Four Israeli ministers abstained from voting on this issue, including Amir Pertz, the current  Environment Minister and former Minister of Defense from 2006-2007, said of the vote, “I don’t think it is the time diplomatically, or from a socioeconomic point of view, to include new settlements that until recently were illegal.”

Mark Regev, a spokesperson for the Israeli government, pointed out that the list voted on by cabinet is only a list of communities eligible to receive funding and that the Israeli government would have to grant additional approval for any subsidies to settlements to be dispersed.

The vote can be viewed as an attempt to shore up support for the coalition government in communities added to the subsidies list. Likud, Prime Minister Netanyahu’s party has historically supported settlements. Some of the settlements added to the subsidy list are political strongholds of the Jewish Home Party, one of the member parties of the governing coalition. It is opposed to the establishment of a Palestinian State.

For more information please see:

Al Jazeera – Israel expands West Bank settlement subsidies – 4 August 2013

Jerusalem Post – Despite peace talks, cabinet approves preferential status for settlements – 4 August 2013

Jewish Telegraphic Agency – West Bank settlements join Israel’s list of national priority communities – 4 August 2013

Reuters – Israel puts 91 Jewish settlements on priority spending list – 4 August 2013

Wall Street Journal – Israel Expands Settlements Eligible for Subsidies – 4 August 2013

 

 

Attack on Indian Consulate in Afghanistan Leaves 12 Dead

By Brian Lanciault

Impunity Watch Reporter, Asia

NEW DELHI, India– Insurgents attacked an Indian consulate in Afghanistan’s eastern capital Jalalbabad on Saturday morning. Twelve people were killed, reinforcing growing fear that a regional struggle will soon erupt as foreign troops pull out of the country.

Outside the site of a suicide attack that tore through the Indian consulate at Jalalbabad, Afghanistan. (Photo courtesy of Reuters)

Twenty-three were wounded after checkpoint guards stopped three men in a car as they approached the consulate in Jalalbabad. Two of the men jumped out of the car and opened fire on the guards, while the third detonated multiple explosives. No Indian officials were killed, though the blast badly damaged a mosque and dozens of homes and small shops nearby according to a statement issued by the office of the governor of Nangarhar province, Gul Agha Sherzai.

India condemned the attack and, without naming any country or group, blamed outside forces.

“This attack has once again highlighted that the main threat to Afghanistan’s security and stability stems from terrorism and the terror machine that continues to operate from beyond its borders,” the Ministry of External Affairs said in a statement.

Arch-rivals India and Pakistan have long vied for power and influence in Afghanistan. Many see the struggle intensifying as more international forces are pulled out of the region by the end of next year. Afghans fear that the absence of NATO-led foreign forces could lead to another round of bloody external interference and turmoil in the impoverished and violence-racked country.

Afghan President Hamid Karzai, seen as close to India, is strongly opposed to the Taliban, who some say is supported by elements of the Pakistani state, in particular its powerful intelligence agency, the Inter-Services Intelligence (ISI). The Taliban, which openly promotes armed opposition to Karzai’s Western-backed government, denied responsibility for Saturday’s attack on the Indian consulate close to Pakistan’s border. Nevertheless, Afghan sources identified the three attackers as “Pakistani nationals”.

Attacks on the Indian embassy in Kabul -two during 2008 and 2009 that killed more than 50 people together – led to accusations by Karzai that Pakistan was attempting to obliterate India-Afghanistan relations. He gave no evidence for his assertion, and Pakistan denied its truth.

Victim’s of Saturday’s attack included eight children, and several women. Many people had gathered outside of the consulate to apply for visas when the attack occurred. An additional 23 people were injured; however, Afghan reports have dubbed the attack a “failure”.

 

For more information, please see:

Reuters — Attack on Indian mission in Afghanistan raises specter of regional struggle — 3 August 2013

BBC — Afghan attack targets Indian Mission — 3 August 2013

Indian Express — Blast at Indian consulate in Afghanistan kills 12 — 4 August 2013

Bloomberg — Suicide Attack on India Consulate in Afghanistan as Ties Deepen — 4 August 2013

The Guardian — Indian consulate in Afghanistan attacked by suicide bombers — 3 August 2013

UN Congo Mission To Establish Security Zone in Goma

By Erica Smith
Impunity Watch Reporter, Africa

KINSHASA, Democratic Republic of the Congo — The UN peacekeeping force in the DRC, or Monusco, issued a stern warning on Tuesday to rebel groups in the city of Goma in eastern DRC; The warning gave rebel groups 48 hours to hand over weapons or face military force. Monusco wishes to set up a security zone that spans from Goma to the nearby city of Sake, about 17 miles in total, where no one but peacekeepers or Congolese army personnel will be allowed to carry weapons. The area is home to more than 1 million people, including 70,000 who have been displaced by the recent renewal in fighting.

Congolese refugees displaced in fighting between rebel groups and the Congolese army ( Photo Courtesy of The New York Times)

The Monusco warning does not specify any one group but it is widely believed to be targeted towards the M23 rebels. Fighting between the army and M23 has resumed since mid- July and the group has been particularly active in the area since last year when it held Goma for ten days in November.  Anyone carrying a weapon after 4 pm local time on Thursday will be considered “an imminent threat of physical violence to civilians and Monusco will take all necessary measures to disarm them, including by the use of force in accordance with its mandate and rules of engagement,”.

Monusco has accused M23 of killing and displacing civilians. “In these attacks … M23 has used indiscriminate and indirect fire, including by heavy weapons, resulting in civilian casualties,” the statement said. “The M23 has also targeted U.N. installations with its fire.”

The new Monusco warning comes after the UN authorized a new “intervention brigade” in March. The intervention brigade is authorized to take all necessary measures to protect civilians from harm. Humanitarian groups worry that adding another militarized group into the conflict will only escalate violence. Oxfam’s humanitarian program coordinator in Congo, Tariq Riebl issued a statement urging the UN to use caution when enforcing their disarmament demands  and not make a “a bad situation much worse.”

Amani Kabasha, a civilian spokesman for M23, told the AP that he did not believe the warning would apply to the M23 because M23 has agreed to peace talks and rebel leaders considered themselves to be partners of the government and welcomed the disarmament plan.“MONUSCO can attack armed groups that spread terror here, indeed it is long overdue,” Kabasha said. “I do not think we are affected by this measure because we are the partners of the Congolese government in making peace.”

 

For further information, please see:

The Gazette — East Congo residents protest UN security zone around Goma, say help needed elsewhere —  2 August 2013

Aljazeera — DRC rebels dismiss UN deadline to disarm — 1 August 2013

The Guardian — UN gears up for DRC offensive as Goma laments escalating violence — 1 August 2013

Euro News — UN sends ultimatum to M23 rebels in DRC to leave Goma or face force — 31 July 2013

The New York Times — U.N. Warns It Will Disarm Congo Rebels — 31 July 2013

BBC News — DR Congo unrest: UN orders Goma to be arms-free — 30 July 2013

Washington Post — UN Congo mission to establish security zone in Goma, says it will use force to disarm rebels — 30 July 2013

The New York Times — U.N. Approves New Force to Pursue Congo’s Rebels — 28 March 2013

The UK Fights Discrimination Claims Regarding Immigration Operations

By Ben Kopp
Impunity Watch Reporter, Europe

LONDON, United Kingdom – The Home Office, which is responsible for immigration, has been accused of racism and profiling in recent operations used to combat illegal immigration, including checkpoints that led to the arrest of 139 suspected offenders. British officials are divided on whether the operations were discriminatory.

British authorities arrested 139 suspects, described as #immigrationoffenders on the Home Office’s official Twitter page. (Photo courtesy of the Telegraph)

During the week of 29 July 2013, vans in London sported posters telling illegal immigrants to “go home or face arrest”, with a number to text for “free advice, and help with travel documents.” While the Unite union sought legal advice on whether the vans “incited racial hatred”, the Home Office denied that the message was racist and refused to apologize for enforcing the law.

At that time, reports surfaced that the Home Office would force nationals of India, Nigeria, Kenya, Sri Lanka, Pakistan and Bangladesh to pay £3000 before receiving a visitor visa. India demanded confirmation and an explanation, stating that acceptance of the bond would hurt British-Indian relations. Business Secretary Vince Cable assured his counterpart in India that no such policy came before the British Cabinet, and the UK would not consider it.

On 31 July 2013, the official Twitter profile @ukhomeoffice posted pixilated photos of possible #immigrationoffenders being led away from checkpoints by officers. At least three immigrants were Brazilian, Indian, and Ukrainian. Witnesses filled Twitter with protests against operations they claim “targeted ethnic minorities and non-white people.” Others equated the arrests to The Hunger Games, a book and film series about gladiator-style fights on dystopian Earth.

Immigration Minister Mark Harper rejected allegations of racial profiling, and stated that officers were required to have reasonable suspicion that an offense had been committed. Harper said: “We are sending a clear message to employers who choose to use illegal labour. We will find you and you will pay a heavy penalty. Illegal working undercuts legitimate businesses and is often linked to exploitative behaviour such as tax evasion and harmful working conditions.”

The Equality and Human Rights Commission (EHRC) plans to look into the Home Office’s operations. In a letter to the Home Office, the EHRC will “ask questions about the extent to which the Home Office complied with its public sector equality duty when planning the recent advertising campaign targeted at illegal migration.”

Member of Parliament (MP) Barry Gardiner demanded Home Secretary Theresa May investigate the campaign, writing, “[w]e do not yet live in a society where the police or any other officers of the law are entitled to detain people without reasonable justification and demand their papers. The actions of your department would however appear to be hastening us in that direction.”

In Southern Europe and the Caribbean, “cash-strapped” countries are in bidding wars to attract wealthy Chinese immigrants.

In Germany, where Chancellor Merkel ten years ago ran on a “Children Instead of Indians” campaign, employee shortages have led university and job recruiters to welcome immigrants.

In the UK, perceived racism and hostility will risk long-term damages to international relations, and immigration could be down when the UK needs it most.

For further information, please see:

Al Jazeera – UK Crackdown on Immigrants Branded Racist – August 2, 2013

BBC News – Home Office Vans: Unite Union in ‘Race Hatred’ Query – August 2, 2013

The Independent – Home Office Anti-Immigration Twitter Campaign Branded Start of ‘the UK Hunger Games’ – August 2, 2013

Sky News – Home Office Immigration Tactics Investigated – August 2, 2013

The Telegraph – Nigel Farage Attacks Home Office Immigrant Spot Checks as ‘Un-British’ – August 2, 2013

Guardian – Home Office Tactics in Illegal Immigration Crackdown Prompt Twitter Storm – August 1, 2013

The Times of India – UK’s Move for £3,000 Visa Bond ‘Retrograde Measure’: Anand Sharma – July 31, 2013

The Wall Street Journal – Cash-Strapped Nations Race to Attract Chinese Immigrants – July 30, 2013

Guardian – ‘Go Home’ Campaign against Illegal Immigrants Could Go Nationwide – July 29, 2013

Reuters – Germany Learning to Open Arms to Immigrants – July 21, 2013