News

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

Serbia & Kosovo find Middle Ground, But Can They End Violence?

By Madeline Schiesser
Impunity Watch Reporter, Europe

BRUSSELS, Belgium – After lengthy negotiations and the apparent breakdown of talks, Serbia and Kosovo approved a normalization agreement earlier this week, which many hope will help ease tensions along their shared boarder.

European Union foreign policy chief Catherine Ashton (center), Serbian Prime Minister Ivica Dacic (left), and Kosovar Prime Minister Hashim Thaci, hammered out an agreement under which Serbia has normalized its relations with Kosovo. (Photo Courtesy of RFE/RL)

Last Friday, April 19, Serbia and Kosovo signed the European Union- brokered, 15 point First Agreement of Principles Governing the Normalization of Relations, under which ethnic Serbs in the northern region of Kosovo will elect a regional police commander and ensure that a majority of court judges are Serbs, but, the police and courts will be integrated into the Kosovo police and justice system.  In exchange for managerial control of the Northern region of Kosovo, the ethnic Serbs living there will recognize the authority of the Kosovo government.  The agreement also prevents both Serbia and Kosovo from obstructing one another as they seek eventual membership in the E.U.

Kosovo’s parliament, in Pristina, approved the tentative deal with Serbia in a vote on Sunday.  Serbia followed with a unanimous decision from its parliament, in Belgrade, also approving the deal on Monday, along with orders for Serbian ministries to begin implementation.

Although almost 100 countries, including the United States and 22 of the 27 members of the E.U., have recognized Kosovo, Serbia has not.  Kosovo, whose citizens are primarily ethnically Albanian, unilaterally declared independence from Serbia in February 2008, following nine years of U.N. administration backed by a NATO-led peacekeeping force, after Serbian forces withdrew from Kosovo in June 1999.  However, sporadic violence persisted in Kosovo, particularly in regions of high ethnic tensions.  Serbia has vowed never to recognize Kosovo, and insists the E.U.-brokered deal approved this week is not a formal recognition of Kosovar statehood.

Following Serbia’s parliament’s approval of the agreement, protests against the deal erupted in Belgrade.  Several thousand flag-waving Serbs, chanting “Treason, Treason”, gathered in Belgrade shortly after the approval.  As many as ten-thousand more pro-Serbia protesters appeared on the streets of Mitrovica in northern Kosovo, unsatisfied with the deal.

Coming to terms with Kosovo (12% of Serbia’s former size) as a separate entity from Serbia is culturally difficult for many Serbians.  The province Kosovo, in the middle ages, was the center of the former Serbian Empire, and many Serbs consider it the birthplace of their nation.

However, normalization with Kosovo, in addition to easing tensions in the region, will have an additional benefit for Serbia with respect to its relationship with the E.U.  Serbian Prime Minister Ivica Dacic earlier said that “if the government accepts the agreement, I expect Serbia to get a date to start membership talks with the European Union”.

Before the deal was even been finalized, the E.U. began recommending opening membership talks with Serbia  Furthermore, the E.U. also signaled the go-ahead for Kosovo to begin association agreement talks.

Of Serbia, a European Commission report [pdf] stated that Belgrade “has taken very significant steps and [made a] sustainable improvement in relations with Kosovo.”  Therefore, the Commission “recommends that negotiations for accession to the European Union should be opened with Serbia.”

Of Kosovo, the Commission also stated in a separate report [pdf] that Pristina had met all its “short-term priorities,” and recommended member states authorize “the open[ing] of negotiations on a stabilization and association agreement” with the E.U. The Commission also proposed allowing Kosovo to participate in 22 EU programs.

E.U. Enlargement Commissioner Stefan Fuele described the agreement and move towards E.U. membership as a significant shift for the entire region. “[It is] a historic day,” he told reporters. “It is also a game changer, it is a game changer for Serbia and Kosovo. It is a game changer for the whole region of the Western Balkans.”

The E.U.’s foreign policy chief Baroness Catherine Ashton, who mediated the talks, described her hoped for full implementation.  “I am very hopeful that with the determination we have seen, they will move to implement all of the elements of this agreement. I will support them in any way that I can and I have already offered to help and to participate in not only implementation, but if they continue their dialogue I am at their disposal. It has been a real privilege to help them.”

In an attempt to extend another olive branch, Serbia president Tomislav Nikolic also formally apologized earlier today, April 25, for the 1995 Srebrenica massacre of 8,000 Muslim men and boys.  However, he stopped short of recognizing the massacre as genocide, as it has been declared by two international courts.  “I kneel and ask for forgiveness for Serbia for the crime committed in Srebrenica,” Nikolic declared during an interview to be aired on Bosnian national television.  “I apologi[z]e for the crimes committed by any individual in the name of our state and our people.”

Normalization between Serbia and Kosovo represent a huge step in healing the wounds left by the conflicts in the 1990s, however both countries will have to make a continuing effort to advance human rights.  “The normalization agreement between Belgrade and Pristina is a positive step toward peace and reconciliation in the region,” said Lydia Gall, Eastern Europe and Balkans researcher at Human Rights Watch. “With commitment from both governments and support from their EU partners, it could help improve human rights for everyone in Kosovo and Serbia.”

For further information, please see:

Al Jazeera – Serbia President ‘Apologises’ for Massacre – 25 April 2013

HRW – Serbia/Kosovo: Landmark Opportunity for Human Rights – 23 April 2013

Al Jazeera – Serbians Protest Kosovo Deal – 22 April 2013

BBC News – EU Commission: ‘Start Serbia Membership Talks’ – 22 April 2013

The Independent – Serbia Deal Ends Conflict with Kosovo – 22 April 2013

RFE/RL – European Commission Recommends Opening Accession Talks With Serbia – 22 April 2013

Darfur Rebel and ICC War Crime Suspect Killed

By Hannah Stewart
Impunity Watch Reporter, Africa

THE HAUGE, Netherlands — Saleh Mohammed Jerbo Jamus, a Sudanese rebel charged with war crimes in Darfur by the International Criminal Court (“ICC”) has been killed, his defense team has said in a statement.

Saleh Mohammed Jerbo Jamus voluntarily surrendered to the ICC in 2010. (Photograph Courtesy of the BBC via Associated Foreign Press)

An ICC document published on Tuesday read: “The Defense of Mr. Saleh Mohammed Jerbo Jamus hereby notifies the trial chamber, with great sadness . . . that Mr. Jerbo died in North Darfur, Sudan on the afternoon of April 19, 2013, and was buried the same day.”

Jerbo, 36, faced charges regarding a deadly attack on African peacekeepers in Darfur in 2007.  Jerbo and fellow Darfur rebel leader Abdallah Banda Abakaer Nourain face three war crimes charges relating to the killing of 12 African Union peacekeepers in an attack on the AU’s Haskanita camp in September 2007.

The two men voluntarily surrendered to the ICC in 2010 and while facing charges, have been free to leave the Netherlands and appear before the Court when summoned.  In 2011, a pre-trial chamber found that there were “substantial grounds” to proceed with trial.

As such, the trial date was set for May 2014; however, before The Hague can drop the case, the Court must receive proof of his death.

Four others are wanted for war crimes in Darfur: Sudanese Defense Minister Abdelrahim Mohamed Hussein; former Sudanese government minister Ahmad Harun; pro-government Janjaweed militia leader Ali Kushayb; and Sudan’s President Omar al-Bashir, whom prosecutors accuse of genocide, crimes against humanity and war crimes in Darfur.

President al-Bashir continues remain at large, defying an ICC arrest warrant as he travels around the continent.

According to the United Nations, at least 300,000 people have been killed in Darfur and two million people have been displaced since the conflict began 10 years ago when rebels began attacking government targets, accusing the Arab-dominated Khartoum regime of oppressing black Africans in favor of Arab communities.

For more information, please see:

AFP  – ICC War Crimes Suspect Killed in Darfur: Laywers – 24 April 2013

All Africa – Sudan: ICC Suspect, JEM-Bashar Deputy Presumable Killed in Darfur – 24 April 2013

BBC – Darfur War Crimes Suspect Rebel Jerbo “Killed in Sudan” – 24 April 2013

Radio Dabanga – Lawyers say ICC Suspect Jerbo Killed in Darfur – 24 April 2013

China Criticizes the United States on Its Human Rights Record

By Mark O’Brien
Impunity Watch Reporter, North America

WASHINGTON, United States — China blasted the human rights record of the United States this week, blaming the U.S. military for infringing on rights on other countries around the world.

In what many believe to be a retaliatory report released Sunday, China bashed the U.S. human rights record as a “double standard.”

The criticisms, released Sunday in a report in China’s state news agency Xinhua, accused the United States of ignoring human rights abuses and employing a “double standards.”

“The lives and personal security of the United States citizens, who were haunted by serious violent crimes were not duly protected,” the report said.  In particular, it emphasized the alleged degradation of women’s rights as reflected in rising numbers of domestic violence reports in 2012.

Analysts called the critical review of U.S. human rights a retaliation by Beijing to last week’s report by the U.S. State Department on human rights practices in countries around the world for 2012, decrying the Chinese government.  Human rights have long been a contentious topic between the two countries.

“The U.S. has been using the human rights issue as a tool to bash other countries, which will affect the development of the human rights around the world,” said Chang Jian in an interview with People’s Daily Online.  Jian is the executive deputy director of the Center for Human Rights Studies at Nankai University in Tianjin.

The Chinese accuse the U.S. reports as being negative toward other countries’ human rights situations, making them far from objective.

“Religious discrimination is also rapidly on the rise, with an increase in insults and attacks against Muslims,” the Chinese report added about the U.S. record.

The Chinese report also cited U.S. gun violence as an example of human rights violations, calling it a serious threat to the safety of American citizens.  The claims also attacked the U.S. political process.

“American citizens do not enjoy a genuinely equal right to vote,” the report said.  It cited a smaller turnout for last year’s presidential election and a voting rate of 57.5 percent.

China’s authoritarian government maintains tight controls over political activity, as well as religion and free speech, all of which are restrictions that the U.S. government considers to be human rights violations.

The annual U.S. global report on human rights said China recently imposed new requirements for potential government opposition groups to register with the government.  It also accused China of trying to strengthen efforts to silence and intimidate political activists and public interest lawyers.  The goal, the U.S. report said, was to prevent any public outcry of independent opinions.

For further information, please see:

China Daily USA — US ‘Turns a Blind Eye to Human Rights’ — 22 April 2013

Press TV — China Criticizes US Human Rights Record — 22 April 2013

RT — Beijing Slams US ‘Woeful Record of Human Rights’ — 22 April 2013

Yahoo! News — China Criticizes US for Its Human Rights Record — 21 April 2013