News

Sexual Abuse and Slavery Being Used as Weapons Says Human Rights Group

By: Adam King
Impunity Rights News Reporter, Africa

Women and children face fears of sexual violence. Photo courtesy of Human Rights Watch.

DAKAR, Senegal — A recent report by Human Rights watch released on October 5, 2017 details the horrific ordeals of the plight of women in the Central African Republic.  Women in the region have been subjected to repeated instances of rape and sexual slavery.  The repeated violence is the result of a coup that took place in the country in 2013;

“Thousands have died and a fifth of Central Africans have been uprooted in a conflict that broke out after the mainly Muslim Seleka rebels ousted President Francois Bozize in early 2013, provoking a backlash from Christian anti-balaka militias.”

It’s clear, according to Human Rights researcher Hillary Margalois, that the violence against women is calculated and intentional;

“Armed groups are using rape in a brutal, calculated way to punish and terrorize women and girls…Every day, survivors live with the devastating aftermath of rape, and the knowledg[e] that their attackers are walking free, perhaps holding positions of power, and to date facing no consequences whatsoever.”

This targeting has a directly negative effect on the women involved.  Women may not feel as if they have effective recourses against the treatment, which may lead to underreporting of the violations against them, “Due to stigma, under-reporting by survivors, and security-related restrictions on research, the full number of sexual violence incidents by armed groups during the conflict is undoubtedly higher.”

The stigma discussed is not just that of being the victim of rape or sexual exploitation.  There are also cultural factors at play that can affect women twice over, social and familial. A woman can be forced to bear shame from the violence against her and be ridiculed by family and community members;

“Stigma and rejection also present significant barriers to women and girls disclosing rape or seeking help. Survivors said their husbands or partners abandoned them, family members blamed them, and community members taunted them publicly after rape…Only 11 of the 296 survivors interviewed said they had tried to initiate a criminal investigation. Those who had informed authorities faced mistreatment including victim-blaming, failure to investigate, and even demands to present their attackers for arrest. Three survivors said that their relatives had been killed, beaten, or threatened with death when they confronted members of an armed group responsible for their rapes.”

The stigma attached to the violence, coupled with shame and ridicule, leave these women with little options to pursue justice.  The threat alone of repeated physical violence or even death is enough to deter women from seeking out help.  As a result, many of the aftereffects resulting from the violence and rape leave permanent afflictions;

“Women and girls often said they suffered incapacitating physical injury and illness, including HIV, because of rape, as well as suicidal thoughts and loss of livelihoods or access to education. Most had not received post-rape medical or mental health care – including medication to prevent HIV and unwanted pregnancy – due to a lack of medical facilities, the cost of services or transport to facilities, and misconceptions about available services.”

Violence against women in conflict zones is unfortunately a rather frequent occurrence in Africa.  Women and children tend to be the most vulnerable and do not have the means to seek effective redress. The United Nations has spent considerable time and resources in identifying and trying to address the problem head-on. There have been regional initiatives that attempt to empower tribunals to conduct investigations into allegations of sexual violence and bring those responsible to justice.  The Special Criminal Court (SCC) is backed by close to 20 non-governmental and international human rights organizations. The challenge, however, is to convince surviving victims that pursuing justice is a possibility and that it doesn’t result in further intimidation or violence from the perpetrators.

For more information, please see:

Reuters — ‘Rape, sexual slavery are weapons in Central African Republic war – report’ — 05 October 2017

Human Rights Watch — ‘Central African Republic: Sexual Violence as a Weapon of War’ — 05 October 2017

Human Rights Watch — ‘Central African Republic: Support the Special Criminal Court’ — 16 November 2016

Amnesty International — ‘Global campaign targets rape in conflict zones’ — 23 November 2012

United Nations — ‘Rape: Weapon of War’ — June 2008

Tensions in Spain rise as court blocks Catalonia parliament from meeting

By: Sara Adams
Impunity Watch News Reporter, Europe

Supporters of independence for Catalonia marching in the streets of Barcelona. Image courtesy of Getty Images.

BARCELONA, Spain – Less than a week after Catalonia’s vote for independence from Spain, the highest federal court in the country has blocked the constitutionality of the vote.

On October 5th, the court ruled that allowing the Catalan parliament to meet and consider declaring independence violates the rights of the Catalonian Socialist Party’s members of parliament.

The court urged that any session of the Catalan parliament defying its decision would be “null.”

They also added that any leaders who hold the session could face “criminal action” if they choose to ignore the court’s verdict.

Despite Catalan leader’s call for “peace and accord” in their quest for independence, violence erupted after the vote on October 1st, much of it stemming from citizens clashing with Spanish police.

The Prime Minister of Spain, Mariano Rajoy, has also stated that the situation will “escalate further” if the Catalan government declares independence.

“[The] best [solution] would be a return to legality and the swiftest possible confirmation that there won’t be a unilateral independence declaration, because that way still greater harm could be avoided,” Mr. Rajoy said in a statement to the Spanish news agency Efe.

King Felipe of Spain has also condemned Catalan attempts to secede from the country, calling Catalan actions as “an unacceptable attempt” to take over the institutions placed there by the federal government.

The vote on October 1st has caused much division, both within the region of Catalonia and outside of it.

The New York Times reports a rise of nationalist sentiment throughout Spain, with many pushing openly against Catalonia.

And while 90% of the votes counted on the October 1 election were in favor of independence, the voter turnout hovered at only 42%. This in part may be due to the many anti-secession Catalans who boycotted the election, hoping to avoid giving “legitimacy” to the vote.

Both anti- and pro-independence rallies are reportedly planned for the next several days.

When asked what they thought about the high court’s decision, the Catalan government told CNN, “we will see.”

Indeed, it remains to be seen whether Catalonia will carry forth with their attempt to gain independence from Spain.

For more information, please see:

BBC News – Catalan crisis: Spanish court bars MPs’ independence vote – 5 October 2017

The Washington Post – Catalonia poses a real crisis for both Spain and Europe – 5 October 2017

CNN – Spanish court blocks Catalan parliament’s independence move – 5 October 2017

The Guardian – Spanish court blocks Catalan parliament from declaring independence – 5 October 2017

The New York Times – Catalonia Separatism Revives a Long-Dormant Spanish Nationalism – 5 October 2017

East Asia and the Pacific Reported to Have the Most Slum Dwellers

By: Brian Kim
Impunity Watch Reporter, Asia 

SINGAPORE – The World Bank’s latest report on urban poverty released on October 3rd, 2017 affirmed that East Asia and the Pacific are home to the largest slum population in the world. According to the report, more than 250 million people in China, Indonesia, the Philippines, and other surrounding countries currently live in slums. This population surpassed Sub-Saharan Africa’s 200 million and South Asia’s 191 million according to the World Bank.

The World Bank released a report that around 64% of people in Asia live in urban slums. Photo courtesy of Nikkei Asian Review.

Fast economic growth in China, Indonesia, and Vietnam alleviated millions of people out of poverty. However, lack of urban planning and inadequate social welfare have led to people settling in poverty stricken places. It is estimated that around 1 billion people of the urban population in developing countries live in slums. The figures were especially high in countries such as Mongolia, Myanmar, and the Philippines. Around 75 million people in the region are reported to live on less than $3.10 per day.

Although there are many factors that leads to poverty, access to public transportation, jobs and affordable housing are some of the main factors. For example, many people in the region are slow to transition from information employment into formal sectors. Out of all of the employment opportunities in the region, around 65% of the jobs are considered informal.

The World Bank stated that governments in the region must revise policies to assist the urban poor so they are able to obtain higher paying and secure jobs. Moreover, the report insisted countries invest in clean water, sanitation and solid waste management systems. The success models suggested by the report were partially based on the prior success of developed economies in the region such as Japan, Singapore and South Korea. By improving these factors, the countries will have significant impact on health, productivity, and welfare.

ABS-CBN News – World Bank flags widening inequality in East Asia, Pacific – 3 October, 2017

Asia Nikkei Review – World Bank says 64% of people who live in slums are in Asia – 3 October, 2017

Straits Times – East Asia, Pacific have most slum dwellers – 4 October, 2017

Death Toll Rises to 12 at Florida Nursing Home

By Sarah Purtill
Impunity Watch Reporter, North America

MIAMI, Florida – On September 10th, hurricane Irma tore through Florida, causing the Hollywood Hills Rehabilitation Center to lose some of its power. The home maintained some electricity, but lost the power to its air conditioning units when a tree knocked out a transformer. Three days after the hurricane hit, the nursing home called 911. Many of their patients had begun exhibiting cardiac arrest and respiratory failure. On September 13th, nearly 150 patients were evacuated. . Of the 150 patients that were evacuated on September 13th, a number of them were treated for heat-related issues.  As of September 18th, eight patients had died. That number has since risen to twelve.

Dolores Biamonte, 57, died September 28th according to a statement from the Broward County Medical Examiner’s Office. Biamonte was the youngest of the residents who died as a result of the heat exposure. Currently, the dead range in age from 57 – 99. Some of those who died had body temperatures that reached 109.9 degrees Fahrenheit. CNN obtained a video that showed one woman sitting naked in a hallway on what looks like a hospital bed next to fans and spot coolers.

Across the street from the home is one of the largest hospitals in Florida. Investigators want to know why so many patients died even though the hospital was only across the street. The twelve deaths at the Rehabilitation Center at Hollywood Hills are now being treated as part of a criminal investigation, according to Hollywood police spokesman, Miranda Grossman. Federal and State agencies are also conducting administrative investigations.

The Rehabilitation Center at Hollywood Hills is under investigation following the deaths of 12 residents from heat exposure after Hurricane Irma. Photo Courtesy of the Daily News.

Florida Governor Rick Scott’s office reported, even though the nursing home had multiple calls with state authorities, they never reported that the patients were in danger or needed to be evacuated.  That report also stated that the state advisors told the nursing home managers multiple times to call 911 if the patients were in danger or needed to be evacuated. The 159-page state report said that was “something [the nursing home] failed to do.”

The Governor said in a statement, “this facility is failing to take responsibility for the fact that they delayed calling 911 and made the decision not to evacuate their patients to one of the largest hospitals in Florida, which is directly across the street.” The nursing home said it is “fully cooperating with all authorities and regulators to assess what went wrong.” The nursing home has also expressed their sympathy for the families of those who died.

Several families have filed lawsuits. Pedro Franco, whose father, Miguel, died following Irma, said, “this is something that could have been prevented.” Franco is among those who filed a lawsuit against the nursing home. The lawsuit also alleges that the nursing home failed to provide proper care to Pedro’s mother, Cecilia Franco, who survived but was hospitalized in serious conditions.

The State Agency for Health Care Administration revoked the nursing home’s license and shut them down earlier this month. In addition, Governor Scott gave all Florida nursing homes and assisted living facilities sixty days to comply with news rules which require them to have generators that can provide backup power for up to four days.

For more information, please see:

CNN – Florida Nursing Home Death Toll Reaches 12 – 29 September 2017

Daily News – Death Toll Reaches 12 at Florida Nursing Home Left Without Power After Hurricane Irma – 29 September 2017

NBC News – Florida Nursing Home Death Toll Rises to Twelve After Hurricane Irma Knocked Out A/C – 29 September 2017

Time – 12th Person Dies After being Taken From Overheated Florida Nursing Home – 29 September 2017

CNN – Video Shows Naked Woman in Sweltering Nursing Home Where 8 Died – 16 September 2017

New transitional justice system to prosecute war crimes in Colombia

By: Emily Green
Impunity Watch Reporter, South America

BOGOTA, Colombia — Colombia’s new transitional justice system will bring justice to the country after 52 years of armed conflict with the revolutionary armed forces, FARC.  It will establish three courts, a truth commission, and special units to search for ties between state officials and illegal armed groups.

Colombian soldiers at parade in Bogota. Image Courtesy of The Conversation.

The purpose of this system is to bring what is called “restorative justice.” This method “seeks to empower victims of the conflict by facilitating testimonies and reparations from perpetrators, rather than doling out traditional punishments such as jail time.” It is designed to provide alternative and usually shorter sentences for war criminals by allowing them to turn themselves in, plead guilty, explain in detail their crimes, and work to make reparations to their victims. The goal is to get a full account of the atrocities from the five-decade-long armed conflict and provide closure to victims.

The crux of this initiative is the Special Jurisdiction for Peace, also known as the JEP. This will establish courts whose sole purpose is to investigate and try those who committed human rights violations during the conflict. It will be up to the judges in this tribunal to decide what cases they will and will not hear.

The draw for guilty parties to come forward is the alternative and lenient sentencing of the court. A person who admits a serious crime can receive a sentence of up to eight years in prison. This is far less than what would normally be imposed in a criminal court. With full cooperation, alternative sanctions can be granted as well. These sanctions may include confinement to a community with mandated community service or reparations to the victim in whatever way is asked.

The system aims to ensure that women and minorities are fully represented as magistrates, commissioners, and victims in the tribunal. This is crucial because of the disproportionate effect the conflict had on women. The tremendous amounts of sexual violence used as a weapon affected 800,000 sexual assault victims between 2010 and 2015.

JEP plans to prosecute only those who were directly involved in the political conflict. FARC provided the government with information listing its active members to serve as a basis. Members already arrested by the government prior to December 2016 will be eligible for the court as well.

One of the most prominent atrocities JEP will address is known as the “false positives” scandal. During the war, the defense minister began a policy of “cash-for-kills.” It awarded $1,500 to Colombian Army personnel who could prove they had made a “positive combat kill.” This policy led to the slaughter of some of Colombia’s most vulnerable citizens such as the mentally ill. They would be killed, photographed, and falsely presented as enemy combatants for the reward. One study determined that “the false positives scandal led to more than 5,763 extra-judicial executions between 2000 and 2010.”

Elections for JEP’s members occurred on September 26 and signify a positive step forward for this new justice system. The Selection Committee, made up of jurists and professionals from the United Nations and other entities, chose these members.

There is no doubt that this will be an uphill battle. There will be considerable budgetary and administrative problems to overcome, but this might be the only way for Colombia to move on from its violent past.

For further information, please see:

Colombiano – Today the names of the magistrates of the JEP are known – 26 September 2017

Colombia Reports – Everything you need to know about Colombia’s transitional justice system –  25 September 2017

La Republica – More than 100 women would enter the Special Jurisdiction for Peace – 25 September 2017

Semana – The JEP begins uphill – 23 September 2017 

The Conversation – Colombia struggles to deliver justice in army ‘cash-for-kills’ scandal – 18 September 2017