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HRW Report Details Persisting Horrors of Child Marriage in South Sudan

By Ryan Aliman
Impunity Watch Reporter, Africa

JUBA, South Sudan – On Tuesday, Human Rights Watch (HRW) released a report urging the South Sudanese government to increase efforts to protect girls from child marriage.

Sixteen-year old Akuot was beaten for three days after she refused to be married off to an old man who offered a dowry of 200 cows. (Photo courtesy of Voice of America/Brent Stirton/Reportage for Human Rights Watch)

In the 95-page report, “‘This Old Man Can Feed Us, You Will Marry Him:’ Child and Forced Marriage in South Sudan,” the human rights group reveal that almost half of South Sudanese girls between 15 and 19 are married, with some marrying as young as age 12. Most of these girls are married off by their families against their will. This practice, according to HRW, “exacerbates South Sudan’s pronounced gender gaps in school enrollment, contributes to soaring maternal mortality rates, and violates the right of girls to be free from violence, and to marry only when they are able and willing to give their free consent.”

One girl among the 87 who were interviewed told HRW that her relatives pressured her to marry in exchange for the dowry. “I refused him but they beat me badly and took me by force to him. The man forced me to have sex with him so I had to stay there,” she said as she recalled her experience.

When asked why they did not ask for help, most of the girls replied that they did not know that they had the right to do so. The other girls added that if they resisted from being married off, they would “suffer brutal consequences at the hands of their families – including verbal abuse and physical assault, and sometimes even murder.”

“Girls who have the courage to refuse early marriages are in dire need of protection, support, and education,” said Liesl Gerntholtz, HRW women’s rights director. “The South Sudan government must make sure that there is a coordinated government response to cases of child marriage and more training for police and prosecutors on the right of girls to protection.”

The HRW report suggested some courses of action the government can take such as: setting 18 as the minimum age for marriage; ratifying the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), the Convention on the Rights and Welfare of the Child (CRC), and other human rights treaties; and passing comprehensive family legislation on marriage, separation, and divorce.

“The global problem of child marriage strips women and girls of their livelihoods and creates a high risk of violence,” Gerntholtz pointed out. “South Sudan’s government must make good on its pledges of gender equality by putting human rights of women and girls at the heart of its development agenda,” she added.

 

For further information, please see:

All Africa – South Sudan: End Widespread Child Marriage – Government Should Protect and Support Girls Who Refuse Forced Marriage – 7 March 2013

Oye! Times – Human Right Watch Report Calls For An End To Child Marriage – 7 March 2013

Sudan Tribe – South Sudan: End widespread child marriage – 7 March 2013

Voice of America – End Child Marriage, Rights Group Tells South Sudan – 7 March 2013

UNICEF Report Reveals ‘Systematic’ Abuse of Palestinian Children by Israeli Prisons

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

JERUSALEM, Israel — The United Nations Children’s Fund (UNICEF) published a 22-page report last Wednesday claiming that the ill-treatment of Palestinian children in Israeli detention centers “appears to be widespread and systematic.”

 

A report by UNICEF states that Palestinian children detained in Israeli prisons are subjected to “cruel, inhuman, and degrading treatment or punishment.” (Photo Courtesy of Al Arabiya)

In its report, entitled “Children in Israeli Military Detention,” UNICEF estimates that about 700 children within the West Bank aged between twelve and seventeen were arrested by Israeli forces each year.  UNICEF says that this is a rate equivalent to “an average of two children each day.”  Figures provided for the month of January reveal that 233 children are currently in custody, and 31 of those children are below the age of sixteen.  However, a spokeswoman for Israel’s Prison Service said that currently, 307 Palestinian minors are in Israeli custody, 108 of them are serving a prison sentence.  The spokeswoman said that most of those children are between sixteen and eighteen, while the rest are under sixteen.

The report also stated that Israel is the only country in the world where children are systematically tried in military courts, deeming the practices as “cruel, inhuman, and degrading treatment or punishment.”   “Israel is the only place in the world where automatically, a child when he is under arrest, is put before a military tribunal,” said Jean-Nicholas Beuze, UNICEF’s regional advisor on child protection. “It does exist in other countries (but only) as an exception.”

The report states that the ill-treatment often begins with an arrest of the child, usually occurring in the middle of the night, then it continues through the prosecution and sentencing periods.  The report provides examples of abuse, such as “the practice of blindfolding children and tying their hands with plastic ties, physical and verbal abuse during transfer to an interrogation site, including the use of painful restraints.”  Children were rarely informed of their rights during questioning.

During questioning, the report states that minors are subjected to “physical violence and threats, are coerced into confessions, and do not have immediate access to a lawyer or family during questioning.”  UNICEF also pointed out that some cases existed where children suffered through prolonged exposure to the elements, and were not provided with an adequate amount of food, water, and did not had access to a toilet.

During the sentencing phase, children arrive to court shackled, are denied bail and imposition of custodial sentences, and are transferred outside of the occupied Palestinian territory to serve their sentences inside Israel.

UNICEF based its findings on more than 400 cases documented since 2009, legal papers and reports composed by both governmental and non-governmental groups, and through interviews with Palestinian minors, and Israeli and Palestinian officials and lawyers.

Israeli Foreign Ministry spokesman Yigal Palmor said that ministry officials along with the Israeli military cooperated with UNICEF.   Palmor said that Israel wants to improve its treatment of Palestinian minors held in custody. “Israel will study the conclusions and will work to implement them through ongoing cooperation with UNICEF, whose work we value and respect,” he said.

For further information, please see:

Al Arabiya — Israeli Ill-Treatment of Palestinian Minors ‘Widespread, Systematic:’ UNICEF — 6 March 2013

Al Jazeera — Israel Accused of Abusing Detained Children — 6 March 2013

The Daily Star — Israel Ill-Treatment of Palestinian Minors ‘Systematic’: UN — 6 March 2013

The Jewish Press — UNICEF: Israel Treatment of Arab Minors in Custody Cruel and Inhuman — 6 March 2013

Chris Smith, Chairman of House Foreign Affairs Subcommittee on Human Rights, Denied Russian Visa

By Madeline Schiesser
Impunity Watch Reporter, Europe

MOSCOW, Russia – U.S. Representative Chris Smith, a leading congressional human-rights advocate, was denied a visa to travel to Russia last week by authorities in Moscow.  Smith believes the denial is in retaliation for the recently passed U.S. Magnitsky Act, which imposes sanctions and visa bans on Russian officials believed involved in human rights violations.

Rep. Chris Smith (R-NJ). (Photo Courtesy of the Moscow Times)

Russia has never before denied Rep. Chris Smith (R-NJ), the chairman of the House Foreign Affairs subcommittee on human rights, a visa.  Smith says “The Magnitsky bill is the reason I didn’t get the visa.  This is the first time.  I was shocked.  During the worst days of the Soviet Union I went there repeatedly.”  Smith vocally backed and voted in favor of the bill, as did 364 other members of the House.  Russia is now among a short list of countries, including China, Cuba, and Belarus, to deny Smith, a veteran of the House since 1981, a visa.

No official reason has been given for refusing the visa and the Russian Embassy in Washington has refused to comment on visa issues.  However, Russian Ambassador to the U.S. Sergey Kislyak told Smith that the decision was made in Moscow, not Washington.

Although the State Department, including U.S. Ambassador to Russia Mike McFaul, attempted to intercede on Smith’s behalf, Moscow was not swayed.

The purpose of Smith’s visit was to discuss the frosty relations between Russia and the United States since the passage of the Magnitsky Act, particularly Russia’s reply, the Dima Yakovlev Law.  This law, passed shortly before the end of last year, ended U.S. adoption of Russian orphans (citing concerns American parents abuse Russian children) and reciprocal sanctions including visa bans and asset freezes for alleged U.S. human rights violators.

“I even have a resolution that highlights the fact that those 19 kids died.  If somebody is responsible for this, they ought to pay a price,” Smith lamented.  “I was going over to talk about adoption and human trafficking.  They have legitimate concerns that we have to meet.”

Russian authorities were incensed when U.S. President Barack Obama signed the Magnitsky Act into law in December, and considered the Act, labeling certain Russian officials as connected to human rights abuses, as meddling in Russian domestic affairs.  By mid-April, the Obama administration is required to submit a list of Russian officials to be blacklisted, which could further heighten tensions between the countries.

Valery Garbuzov, the deputy director of the Institute for U.S. and Canadian Studies in Moscow, has warned that Smith’s visa denial may be the first volley in an extended visa war.  He further cautioned that the nations’ top leaders need to take actions to halt such a visa war.  “President Obama cannot cancel the Magnitsky Act, so relations will have to be built on these premises,” he said. “At the same time, the Russian response was excessive, which made the situation snowball.”

MP Alexei Pushkov, head of the State Duma’s International Affairs Committee, said whether U.S. officials receive visas is dependent upon the United States, and noted that the sponsors of the Magnitsky Act will not be allowed to travel to Russia, in the “spirit” of the Dima Yakovlv law.  “We were not the initiators of this process,” he said.  “In every country, restrictions can be put in place for certain categories of people based on the spirit of existing legislation.”

Deputy Foreign Minister Sergei Ryabkov declared in January that Russia has a “Guantanamo list” of 71 U.S. nationals who are barred from entering Russia due to human rights violations.

Smith, however, is determined to keep a dialogue open with Russia, and plans to continue to push for the visa. “I was going over to talk about adoption and human trafficking,” Smith said. “They have legitimate concerns that we have to meet. I’m disappointed but I am determined to have it reversed. So I’m going to reapply.”

For further information, please see:

Moscow Times – U.S. Lawmaker Says Russia Denied Him Visa – 28 March 2013

RIA Novosti – US Official Denied Russian Visa, Cites Magnitsky Row: Report – 28 February 2013

RT – We Did Not Initiate the Visa Row With US – Russian Lawmaker – 28 February 2013

The Cable – Russia Denies Visa for Leading Congressional Human-Rights Advocate – 27 February 2013

Family Calls Murder of Mississippi Mayoral Candidate a Hate Crime

By Mark O’Brien
Impunity Watch Reporter

WASHINGTON, United States — The family of a respected gay African American candidate for Mayor in Clarksdale, Miss., said this week that they view his death as a hate crime.

The family of Marco McMillian, a gay, African American candidate for mayor in a small Mississippi town, wants authorities to investigate his murder as a hate crime. (Photo Courtesy of Clarion Ledger)

The body of Marco McMillian, 33, was beaten, dragged, and burned, a family member said on Monday.  Carter Womack, McMillian’s godfather, said the coroner told relatives that someone dragged McMillian’s body under a fence and left it near the Mississippi River last week.

Coahoma County Coroner Scotty Meredith declined to comment.  But the Associated Press reported that a person with direct knowledge of the investigation confirmed that McMillian had bruises and burns on at least one area of his body.

“We remember Marco as a bold and passionate public servant, whose faith informed every aspect of his life,” McMillian’s campaign said in a statement to the media.

McMillian was reportedly the first openly gay man to become a viable candidate for public office in Mississippi.  The Coahoma County Sheriff’s Department, however, said it would not investigate McMillian’s death as a hate crime, according to spokesperson Will Rooker.

“There’s a lot of people upset about [McMillian’s murder],” said Dennis Thomas, who works at Abe’s Barbeque.  “Why would somebody want to do something like that to somebody of that caliber?  He was a highly respected person in town.”

Investigators have arrested 22-year-old Lawrence Reed of Shelby in McMillian’s death.  Authorities arrested Reed when he crashed McMillian’s SUV into another car near the Coahoma border with Tallahatchie County.  McMillian was not in the car, and his body was ultimately discovered about 30 miles away from the crash, in the woods near the Mississippi-Yazoo levee.

Sources told WPTY, the ABC News affiliate in Memphis, that McMillian was strangled, but authorities would not confirm that.  The family did not address that issue in its public statement.

The news station also reported that Reed’s sister claimed that Reed did not know McMillian was gay.  Instead, she said McMillian may have made sexual advances toward Reed in the car.

“[McMillian] was very concerned about his safety,” Womack said.  “People had tried to talk him out of the race.”

According to his website, McMillian graduated magna cum laude from Jackson State University and earned a master’s degree from St. Mary’s University in philanthropy and development.  He also was a CEO of a nonprofit consulting firm called MWM & Associates.

The Mississippi Bureau of Investigation is helping the sheriff’s department with the investigation.

For further information, please see:

Clarion Ledger — Family: Marco McMillian’s Murder a Hate Crime — 4 March 2013

Huffington Post — Marco McMillian Beaten, Burned, Family of slain Gay Mississippi Mayoral Candidate Says — 3 March 2013

Time — Man Charged in Mississippi Mayoral Candidate’s Death — 1 March 2013

ABC News — 22-Year-Old Charged with Murder Miss. Politician — 28 February 2013

CBS News — Man Charged in Slaying of Miss. Mayoral Candidate — 28 February 2013

Somali Court Clears Woman Convicted in Rape Case

By Heba Girgis
Impunity Watch Reporter, Africa

MOGADISHU, Somalia—Yesterday, Sunday, March 3, 2013, a Somali appeals court dropped charges against a woman who alleged that she was raped by government security forces and had been convicted of defaming the government.

Somali government soldiers in Mogadishu. The woman’s trial has been linked to media coverage of high levels of rape among government security forces. (Photo Courtesy of The Guardian)

The appeals court Judge Mohamed Hassan Ali said that there was not enough evidence to substantiate the prosecution’s charge. A court last month had sentenced the woman to one year in prison after medical evidence entered into the record showed that perhaps the woman was not raped. Many experts, however, questioned whether Somalia actually has the medical expertise to make this kind of a judgment.

The journalist who interviewed the rape victim was also tried and convicted for defaming the government. His sentence was reduced from one year to six months. The judge stated that the interview was not conducted according to Somali law or Somali journalism ethics.

The verdict against both the journalist and the victim provoked international attention and outcry. Human rights groups including Human Rights Watch said they were not satisfied with the appeals court’s decision. Daniel Bekele, the Africa director for Human Rights Watch said, “The court of appeals missed a chance to right a terrible wrong, both for the journalist and for press freedom in Somalia.” He continued saying, “The government has argued that justice should run its course in this case, but each step has been justice denied.”

The Prime Minister of Somalia, Abdi Farah Shirdon, was happy with this decision and said, “We are a step closer to justice being done.” He had a different opinion when it came to the journalist. He said, “However, I hoping for a different outcome on the journalist. I note his sentence has been reduced from 12 months to six, but I do not believe journalists should be sent to prison for doing their job. We must have freedom of expression, which is guaranteed in our constitution.”

In February, after the convictions, the United Nations Secretary General Ban Ki-moon expressed his deep disappointment over the sentences and urged the Somali government, “to ensure that all allegations of sexual violence are investigated fully and perpetrators are brought to justice.”

Experts noted that in confronting violence against women, the original verdict convicting the victim, would discourage Somali women from reporting rape even more than they are already in the conservative Muslim society prevalent in Somalia.

 

For further information, please see:

ABC News – Somalia: Court Clears Woman Convicted in Rape Case – 3 March 2013

Fox News – Appeals Court Clears Woman Convicted in Rape Case that Drew Widespread Condemnation – 3 March 2013

Hiiran Online – Court Clears Woman Woman Convicted in Rape Case – 3 March 2013

The Washington Post – Appeals Court Clears Woman Convicted in Rape Case that Drew Widespread Condemnation – 3 March 2013