News

Ghana Bans Traditional Killing of Disabled Children

By Ryan Aliman
Impunity Watch Reporter, Africa

ACCRA, Ghana – Seven communities in the Upper Eastern region of Ghana have officially decided to end the traditional practice of killing “spirit children” on Saturday.

David, formerly a ‘spirit’ child, is among those who were accused of being possessed by evil spirits. (Photo courtesy of The Guardian)

“Spirit children” are usually those who were born with physical disabilities, believed to have been possessed by evil spirits, or thought to cause the family bad luck. Babies labeled as such were then brought to “concoction men” who would give the young ones poisonous herbs to kill them and prevent them from bringing misfortune to their families.

Beginning Saturday, these “concoction men” will have new roles. Because of the ban on the killing of “spirit children”, the “concoction men” of the towns of Kandiga, Manyoro, Mirigu, Nabango, Natugnia, Sirigu and Yua, will now be working with disabled children to promote their rights. Now addressed as “life promoters”, they are tasked to visit various schools and communities to make residents aware of the lives and rights of children with disabilities. However, before they can assume this new role, they have to register themselves under the National Health Insurance – who will also reward them: four goats, a bicycle each and food for turning over a new leaf.

The proclamation to prohibit the practice once and for all is reportedly the result of 12 years of intensive education against infanticide by child rights group Afrikids Ghana. Nicholas Kumah, the organization’s director, attributed the success of Afrikids’ advocacy with the communities’ realization that there is a need to change the local mindset. After more than a decade of rescuing and resettling families of over 67 children affected by the spirit-child phenomenon, involved community leaders finally saw the importance of protecting children especially those with deformities.

“One major achievement is how one child, Paul Apowida, who was accused of being a spirit child and was given infanticide, fought for his life and survived. Today, Apowida is a rifleman in the British Army,” Kumah said. “What this means is that if anyone is caught in the act of accusing a child of being a spirit child and administering infanticide to that child, he will be made to face the full rigours of the law,” he further explained.

Speaking on behalf of the chiefs and people of the seven communities, the Paramount Chief of Kandiga, Naba Henry Amenga-Etego, said that the “spirit children” were “victims” of a “demonizing practice”. “We have lived with this practice for many years but it is a joy that we did not remain in this belief but did all we could to bring an end to it. No child should suffer any form of abuse as a result of whatever circumstances he or she is born with. . . . We will allow the law to deal with anybody who still goes ahead to engage in the practice,” Amenga-Etego added.

 

For further information, please see:

BBC News – Ghanaians ban ‘spirit child’ killing – 29 April 2013

Ghana Business News – Seven communities abolish practice of killing infants with deformities – 29 April 2013

Global Post – ‘Spirit children’ killings banned in 7 Ghana communities – 29 April 2013

GhanaWeb – Killing of ‘spirit children’ abolished in Upper East Region – 28 April 2013

 

Canadian Guantanamo Convict to Appeal

By Mark O’Brien
Impunity Watch Reporter, North America

OTTAWA, Canada — Omar Khadr is appealing his conviction for killing a U.S. soldier in Afghanistan more than a decade ago, but Canadian officials say that an overturn will not automatically guarantee his freedom.

Canadian-born Omar Khadr, now 26, plans to appeal his war crimes convictions for the murder of U.S. Army Sgt. Christopher Speer in Afghanistan in 2002. (Photo Courtesy of Sun News)

Khadr, now 26, spent 10 years in the U.S. prison at Guantanamo Bay following his arrest in Afghanistan as a 15-year-old in 2002.  In 2010, he confessed to five war crimes before a military tribunal, including the murder of U.S. Sgt. First Class Christopher Speer, an army medic, during a 2002 firefight in Afghanistan.

Last September, Khadr was repatriated in Canada to a high-security prison as part of a plea deal that included an eight-year sentence and a waiver of his right to appeal.

But Khadr and his attorneys say that the court that convicted him had no jurisdiction to do so, and they want his terror convictions overturned.

“You can’t make a crime a crime retroactively,” lawyer David Frakt told the Global News.  Frakt, who has represented prominent Guantanamo detainees in the past, believes Khadr has good odds that two of his convictions will be overturned.

But reversing the murder conviction in violation of the law of war might stand no chance.  When Khadr pled guilty, the agreement outlined his killing Sgt. Speer.  To overturn that, Khadr’s attorneys would have to argue that the entire plea deal is invalid, as well as everything that resulted from it.

“It’s all about keeping Omar’s options in a difficult political climate,” Khadr’s Canadian lawyer, Dennis Edney, told the Global News.  “If successful, Omar Khadr will finally be free and able to put to rest our government’s descriptors of him as a ware criminal and a terrorist.  This is a common misconception that needs to be corrected.”

Canadian authorities insist, however, that even if Khadr’s convictions are overturned in the United States, the Parole Board of Canada will decide what ultimately happens to him.

“Omar Khadr is a convicted terrorist,” said Julie Carmichael, an aide to Canadian Public Safety Minister Vic Toews, in a statement emailed to the Globe and Mail.  “He pleaded guilty to the murder of Christopher Speer, an American Army medic.  Decisions related to his future will be made by the Parole Board of Canada.”

Since being transferred to Canada from Guantanamo last fall, Khadr has been held at Millhaven Institution, a maximum-security prison in Bath, Ontario.  He will be eligible for a parole hearing this summer.  At least one Canadian member of parliament is upset by the appeal.

“While this individual attempts to take back his own words and recant his guilty plea, he is simply re-victimizing the family of Sgt. Speer,” Toronto Member of Parliament Roxanne James told the Commons on Monday.

The appeal, which Khadr’s American lawyer, Sam Morrison, said would be filed “as soon as possible,” will be heard in the United States Court of Appeals for the District of Columbia Circuit.

“[U]ltimately it can go to the Supreme Court,” legal expert Jeffrey Addicott told Sun News.  Addicott, who has advised the U.S. government on Guantanamo-related cases, is director of the Center for Terrorism Law in San Antonio, Texas.

“[W]e’re talking a period of years before anything will be resolved one way or the other,” he added, saying that Khadr’s appeal is unlikely to succeed.  “In my opinion, this appeal is dead on arrival.  He didn’t have the standing to engage in combat.  Therefore, if you kill another person, it’s murder.”

For further information, please see:

Global News — Omar Khadr May Win Appeal, But No Ticket Out of Prison — 30 April 2013

Sun News — Khadr ‘Re-Victimizing’ Murdered Medic’s Family, Says Tory MP — 29 April 2013

AFP — Canadian-Born Guantanamo Convict Plans Appeal: Report — 28 April 2013

Globe and Mail — Omar Khadr’s Freedom in Ottawa’s Hands Despite U.S. Appeal, Safety Minister Insists — 28 April 2013

France Legalizes Same-Sex Marriage and Sparks Opposition

By Alexandra Sandacz
Impunity Watch Reporter, Europe

PARIS, France – Last week, the National Assembly of France approved the same-sex marriage bill by a vote of 331-225. This bill, which also allows couples adoption rights, made France the 14th nation in the world and ninth in Europe to pass such a law.

French lawmakers respond to protestors who tried to disrupt the final vote. (Photo Courtesy of TIME)

The French Parliament passed the “Marriage for All” bill, which affords homosexual couples identical rights to marriage and adoption that were previously limited to heterosexual unions.

Christiane Taubira, Socialist Justice Minister and author of the bill, stated, “It’s a generous law, and a law of equality. We believe the first weddings will be beautiful and that they’ll bring a breeze of joy, and that those who are opposed to them today will surely be confounded when they are overcome with the happiness of the newlyweds and the families.”

However, opponents to same-sex marriage blamed the legislation for distorting “time-honored definitions of marriage and endangering children by permitting gay and lesbian couples to adopt”.

Many high-profile groups promised to continue legal challenges to block the law’s application.

Frigide Barjot, a comedian who uses her stage name, told her supporters, “We are going to show them that this is not over. I solemnly ask the president to hold a referendum on the subject.”

Claire Baron, a mother of two, stated she “will oppose the bill until the end.” She continued, “I’ll keep going to the protests, I don’t give in. The bill is not effective yet, the president of the Republic must listen to our voices. We are here to defend family values. Children need a mom and a dad.”

Just hours before votes were casted, thousands of police gathered outside the National Assembly building to prepare for the protestors on the streets who started forming days leading up to the vote. In addition, thousands of police who were armed with water cannon were organized near parliament to deal with any repeat of the violence seen in previous demonstrations.

Inside the National Assembly chamber, two opponents tried to hold up a protesting banner, however, they were shortly ejected.

Socialist President, Francois Hollande, made this same-sex bill his top social reform goal. He is expected to sign the bill once it clears constitutional challenges. Although opponents of the measure will try to argue that marriage is a constitutional matter, the council is unlikely to block the new law.

For further information, please see:

BBC News – Same-Sex Marriage: French Parliament Approves New Law – 23 April 2013

The Huffington Post – France Legalizes Gay Marriage After Harsh Debate, Violent Protests – 23 April 2013

International Business Times – France Legalizes Gay Marriage, Becomes 14th Nation to Do So – 23 April 2013

Time World – France Legalizes Gay Marriage Despite Vocal and Angry Opposition – 23 April 2013

Russia Fines Election Watchdog Under “Foreign Agent” Law

By Madeline Schiesser
Impunity Watch Reporter, Europe

MOSCOW, Russia – An election watchdog has been fined under a new Russian law that requires Non-Governmental Organizations (NGOs) to register as “foreign agents.”

Lawyers for NGO Golos attend a hearing in Moscow in April 25 with court officials, who ultimately fined the NGO for failing to register as a “foreign agent” while receiving funding from abroad. (Photo Courtesy of RFE/RL)

Golos (Voice) is the first NGO to be fined under the law that went into effect last November.  A Moscow court ruled that the Watchdog had filed to register as a “foreign agent” after receiving funds from abroad in December, and therefore fined Golos 300,000 roubles (£6,200; $9,500; €6,300). Additionally, its director, Lilia Shibanova, was fined 100,000 rubles (£2,100; $3,200; £2,100).

Under the law, NGOs which receive foreign funding and supposedly engage in “political activities” must register as “foreign agents,” a term which has its roots in the Stalin Era, when it was used to discredit enemies of the state.

Golos defended itself explaining that the finds in question were a sum of €7,728.4 ($10,000) awarded by the Norwegian Helsinki Committee as part of its Andrei Sakharov Freedom prize.  The funds were transferred into Golos’ account in December before Golos was able to immediately return the prize money unused.

Although Golos received funding in the past from USAID, Golos asserts that since November, “The Golos association receives no foreign funding and is funded solely by Russian resources.”  Furthermore, Golos insists that the law should not even be applied to the organization as Golas is not involved in “political activity.” It says it will appeal against the verdict.

The 13-year-old Watchdog group played a key role in exposing fraud during the 2011 parliamentary election, charting abuses across Russia, most notably with an online “map of violations.”  It also reported on widespread violations during the 2012 presidential vote, which resulted in Vladimir Putin’s third presidential term.  Its exposure of violations and falsifications during these elections helped spark mass protests against Putin’s rule, which is why Golos believes it is now being targeted by authorities.

Golos is also mindful of the precedent its fate will set for other NGOs.  “We are convinced of our innocence,” Golos said before the verdict. “This is the first court hearing bringing to responsibility an organi[z]ation that is purportedly a foreign agent. The fate of many other NGOs will depend on the decision.”

While the fining of Golos is the first enforcement of the foreign agents law, more than 200 NGOs in 50 regions of Russia have been raided by inspectors in the past months.  Tax auditors have poured over the financials of many NGOs, while health & safety and fire inspectors have arrived unannounced at NGO offices to scrutinize code compliance.  The continuing raids on Russian NGOs have sparked international outrage, and the U.S. State Department has called them “a witch hunt.”

“The government claims the inspections are routine, but they clearly are not,” said Hugh Williamson, Europe and Central Asia director at Human Rights Watch.  “The campaign is unprecedented in its scope and scale, and seems clearly aimed at intimidating and marginalizing civil society groups. This inspection campaign can potentially be used to force some groups to end advocacy work, or to close them down.”

Earlier this month, Russian President Vladimir Putin accused NGOs in Russia of receiving $1 billion in foreign funding since the beginning of the year.  In response, 56 organizations signed an open letter demanding an explanation for what they describe as a grossly inflated figure.  Many NGOs have also said they will not comply with registering as “foreign agents.”

The goal of the raids and foreign agents law appears to be to intimidate NGOs, including advocacy groups whose criticism has long bothered the Kremlin, to close their doors, a move which would cripple civil society in Russia.  The organizations searched include not only those critical of the government, but also NGOS concerned with medical assistance, battling pollution, distributing clothes and food to the needy, and, generally, improving the quality of life for ordinary Russians.  Their closure would affect thousands of families who rely on NGOs for the services that the Russians authorities have been unable, or unwilling, to provide.

According to veteran human rights activist Lyudmila Alekseyeva, the Kremlin’s strategy is to bring even civil society under its domain.  “After bringing the business world, the judicial and the legislative power under its control, after mastering the technologies to arrange election results, the authorities are determined to tackle Russia’s last bastion of independence — civil society,” she said. “Civil society is increasingly active, and this frightens them.”

For further information, please see:

Moscow Times – U.S. Voices Concern Over Fine of Golos – 26 April 2013

BBC News – Russia NGO Law: Election Watchdog Golos Fined – 25 April 2013

RFE/RL – Golos Election Monitoring NGO Fined Under New Law – 25 April 2013

HRW – Russia: Worst Human Rights Climate in Post-Soviet Era – 24 April 2013

RFE/RL – Raids On NGOs Could Threaten Ordinary Russians – 21 April 2013

Too Sexy for Saudi Arabia…Milan, New York, and Japan yet to Weigh in

By Justin Dorman
Impunity Watch Reporter, Middle East

RIYADH, Saudi Arabia – The treatment of women in Saudi Arabia has long been a concern of many human rights activists. Each woman is assigned to a relative male guardian who basically controls where and if a woman can travel, whether she can go to university, or work. Women are also required to wear an abaya (full length, loose fitting cloak) in public, and often wear niqabs (facial veil) as well.

Omar Borkan al-Gala, and likely the other two men pictured above, were the three men recently deported from Saudi Arabia for being “too handsome,” and a threat to Saudi women. (Photo Courtesy of Welcome 2 Cali)

One rationale for wearing a niqab is to hide the beauty of the woman’s face as to not tempt other males. Saudi Arabia recognizes polygamy as legal and permitted by Sharia law. That ultimately means that a man can have dominion over a whole flock of women. These women are often made to wear niqabs so that no man is tempted to lead one of a man’s many wives astray from the nest.

Get out of town . . . Seriously, get out of town

Despite the male dominated controls aimed at preventing any possibility of the apparent second class from committing infidelities, there are some external factors that are generally uncontrolled for. One of such factors is the irresistible impact a dashing young United Arab Emirates man can have on the minds and bodies of Saudi women.

That is why three Emirati men were recently kicked out of a festival in Saudi Arabia and deported back to Abu Dhabi. The mutawwa, Saudi religious police, deemed that the three men, including actor Omar Borkan al-Gala, were “too handsome” to stay in the country because their looks may cause women to be attracted and fall for them.

Previously, I have seen Middle Eastern regimes punish individuals for peacefully congregating to protest in violation of a freedom to express and assemble. I have seen similar punishments for criticisms of regimes over the internet in violation of a freedom of expression. Women have also been detained for attempting to enter or leave Saudi Arabia without a male guardian in violation of a freedom of movement.

Never before though have I seen a person be punished for simply being too good looking. Discrimination based on one’s appearance, generally because of race or gender, is perhaps the most insidious type of discrimination. This specific discrimination, while not quite as insidious, is still nonetheless a problem, although perhaps not the worst problem to have.

Actor Omar Borkan al-Gala. (Photo Courtesy of the New York Daily News)

Many wonder, some seriously and some jokingly, why the authorities did not just order the three men to wear facial veils themselves, instead of forcing them to leave the country.

Others are calling their deportations the most jealous, insecure move an authoritarian monarchy could potentially make.

This also marks the first time someone was told that it should be a crime to have such a face, that it was meant as a compliment, and literally considered a crime.

For further information, please see:

JD Journal – Omar Borkan Al Gala Deported by Saudi Arabian Religious Police for Being ‘Too Handsome’ – 26 April 2013

New York Daily News – Was This Hottie Deported from Saudi Arabia for Being ‘too Handsome’? – 25 April 2013

Time – Saudi Arabia Reportedly Deports men for Being ‘Too Handsome’ – 17 April 2013

Arabian Business – UAE men ‘too Handsome’ for Saudi Festival – 16 April 2013