News

ICC Asked to Investigate Crimes Against Humanity in Burundi

By: Ethan Snyder
Impunity Watch Reporter, Africa

2015 demonstration amid failed coup d’état in Burundi. Photo Courtesy of BBC News.

BUJUMBRA, Burundi – On Monday, September 4, the United Nations Commission of Inquiry on Burundi called upon the International Criminal Court (ICC) to investigate alleged crimes against humanity. Established in 2016, the commission was charged with examining reports of human rights violations from April 2015 to present.

President Nkurunziza announced in April 2015 that he intended to seek incumbency for a third term in conflict with Burundi’s Constitution. After an unsuccessful coup and increasing political unrest, security forces cracked down violently on suspected opposition throughout the country. It is estimated that more than 350,000 people have fled to neighboring countries that include the Democratic Republic of the Congo, Rwanda, Tanzania, and Uganda.

The commission interviewed approximately 500 witnesses who corroborated allegations of sexual violence, detention of opposition and journalists, extrajudicial executions, torture, and inhuman or degrading treatment. The Burundian government denies all allegations relating to state agents being responsible for crimes against humanity.

Chair of the Commission of Inquiry, Fatsah Ouguergouz, announced that the commission is “struck by the scale and the brutality of the violations” and that they are concerned by the “lack of will on the part of the Burundian authorities to fight against impunity and guarantee the independence of the judiciary.”

Despite multiple requests over the year-long period of investigation, the U.N. Commission was not allowed to go to Burundi and was forced to conduct the majority of their inquiry from neighboring countries.

Burundi’s lower house of parliament passed a law in 2016 to withdraw from the Rome Statute – the treaty that established the ICC. Burundi would be the first country to withdraw from the ICC. Many countries on the continent have threatened similar action citing a disproportionate number of cases and charges being brought against African nations for human rights violations. Burundi is projected to exit the ICC by October of 2017.

The ICC continues to have jurisdiction to investigate allegations of human rights violations in Burundi until their formal exit. If Burundi successfully withdraws from the Rome Statute, the ICC investigation would require a resolution from the U.N. Security Council referring the case to the ICC to continue its inquiry.

Presently, only African states have been charged in the six cases that are either ongoing or about to begin since the court was established. There are preliminary investigations that have been opened into events elsewhere in the world.

The Burundi commission noted that “[t]here is a climate of pervasive fear in Burundi. Victims have been threatened, even in exile.” Many witnesses have reported that they have been threatened or confronted by supporters of the Nkurunziza regime after fleeing to nearby countries.

Although Burundi has a history of high ethnic tensions, the commission does not find that the human rights violations are ethnically motivated.

For more information, please see: 

Human Rights Council: Interactive Dialogue on Burundi – Oral Briefing by Fatsah Ouguergouz – 19 September 2017

Africa News – UN asks ICC to investigate Burundi ‘crimes against humanity’ – 5 September 2017

New York Times – U.N. Group Accuses Burundi Leaders of Crimes Against Humanity – 4 September 2017

United Nations Human Rights: Office of the High Commissioner – Burundi: Commission of inquiry calls on the International Criminal Court to investigate possible crimes against humanity – 4 September 2017

Human Rights Watch – Burundi’s refusal to cooperate with inquiry in contempt of membership on UN rights body – 4 September 2017

United Nations Human Rights: Office of the High Commissioner – Burundi: UN investigation urges strong action in light of gross, widespread and systemic human rights violations –  20 September 2016

According to UN Report, Migrant Children Endure Severe Human Rights Abuses

By Jenilyn Brhel
Impunity Watch Reporter, Europe

GENEVA, Switzerland – According to a September 5th report released by the United Nations Children’s Fund (UNICEF), more than 75 percent of migrant children attempting to reach Europe are victims of severe human rights abuses.

Young Child Awaiting Rescue. Photo Courtesy of Yahoo! News UK.

The findings are based on testimonies obtained from over 22,000 migrants and refugees, including 11,000 children, given to the International Organization for Migration, the UN’s Migration Agency.

Afshan Khan, UNICEF Europe Regional Director, said of the findings, “the stark reality is that it is now standard practice that children moving through the Mediterranean are abused, trafficked, beaten and discriminated against.”

The victims reported being subjected to a myriad of abuses, including sexual exploitation, forced labor, child marriage and beatings.

A 17-year-old girl from Nigeria reported being raped, held captive and threatened with violence. An Afghan boy recalled being forced into labor and beaten if he stopped working. Another child said, “if you try to run, they shoot you. If you stop working, they beat you. We were just like slaves. At the end of the day, they just lock you inside.”

UNICEF reports that children originating from sub-Saharan Africa are particularly at risk. Those travelling from Libya along the Mediterranean route are vulnerable due to the route being laden with crime and a lack of policing. The risk also increases for children who are travelling alone and over long periods of time.

The UNICEF report comes amid a substantial increase in the number of children migrating to Europe in recent years. Between 2010 and 2011, 66,000 children travelers were reported. That number has now surged to over 300,000.

The children making these harrowing journeys are often unaccompanied. Of those under 18 years of age arriving to Italy via the Mediterranean Sea passages from North Africa in 2016, 92% were alone.

“For people who leave their countries to escape violence, instability or poverty, the factors pushing them to migrate are severe, and they make perilous journeys knowing that they may be forced to pay with their dignity, their wellbeing or even their lives,” said IOM Regional Director for the European Union, Norway and Switzerland, Eugenio Ambrosi.

UNICEF’s report has prompted calls for the European Union and other parties to “put in place lasting solutions that include safe and legal migration pathways, establishing protection corridors and finding alternatives to the detention of migrant children,” said Khan.

For more information, please see:

ABC News – CORRECTION: United Nations – Children Migrants Story – 12 September 2017

Abdolu Agency – UNICEF says Many Young Migrants Face Exploitation – 12 September 2017

UNICEF – Up to Three Quarters of Children and Youth Face Abuse, Exploitation and Trafficking on Mediterranean Migration Routes – 12 September 2017

UN News Centre – Abuse, Exploitation and Trafficking ‘Stark Reality’ for Migrant Children Trying to Reach Europe – 12 September 2017

Reuters – ‘Just Like Slaves’; African Migrant Children Face Highest Risk of Abuse: Report – 11 September 2017

Yahoo! News UK – Young Migrants Face Abuse on Way to Europe – UN – 11 September 2017

Aung San Suu Kyi Speaks Publicly About the Rohingya Refugee Crisis

By: Brian Kim
Impunity Watch Reporter, Asia 

NAYPYIDAW, Myanmar – Aung San Suu Kyi, Myanmar’s de facto leader finally spoke publicly on the Rohingya refugee crisis on Tuesday, September 19th. During her statement, she mentioned that she “feels deeply” for the suffering of “all people” who are impacted by the Rakhine state conflict. She went further and condemned any “human rights violations.”

Aung San Suu Kyi finally speaks publicly about the crisis against Rohingya Muslims. Photo courtesy of NPR.

She commented that the government does not fear “international scrutiny” over the crisis and the intention of the government is not to “apportion blame or to abnegate responsibility.” Aung San Suu Kyi, who does not have control over the military, maintained that the country’s military is not responsible for the attacks against the Rohingyas.

This was Aung San Suu Kyi’s first statement since the violence started last month.

On September 18th, leaders from the UK, US, France, Canada and Australia called upon the Myanmar’s leader to end the violence against the Rohingya.

According to the United Nations, over 370,000 Rohingya – Muslims, who live in Myanmar’s Rakhine State, have resettled to Bangladesh since August 25th. The United Nations high commissioner for human rights stated that the crisis in Myanmar seems to be “a textbook example of ethnic cleansing.”

Myanmar’s presidential office cited numerous reasons and announced that Aung San Suu Kyi will not be attending the United Nations General Assembly meeting in New York City.

The Nobel Peace Prize laureate’s recent speech in the nation’s capitol drew criticisms from the international community. Many have stated that Aung San Suu Kyi did not denounce the crimes against the Rohingya community. Moreover, Amnesty International described her speech as a “mix of untruths and victim blaming.”

NPR – Aung San Suu Kyi To Skip U.N. Meeting As Criticism Over Rohingya Crisis Grows – 13 September, 2017

Aljazeera – Aung San Suu Kyi condemns ‘all human rights violations’ – 19 September, 2017

CNN – Aung San Suu Kyi breaks silence on Rohingya, sparks storm of criticism – 19 September, 2017

“Not one less:” Thousands Protest in Mexico Following the Murder of Mara Castilla

By: Karina Johnson
Impunity Watch Reporter, North America

PUEBLA, Mexico — On Sunday, September 17, thousands marched in the streets of Mexico City and Puebla after the body of Mara Fernanda Castilla—a 19-year-old university student gone missing the week before—was found.

Protestors marching against femicides in Mexico. Photo Courtesy of CNN Español.

Mara had gone missing on September 8, after hailing a driver from a popular ride-sharing app called Cabify; she got in the vehicle and the driver drove to her home. Security footage showed that the driver idled in front of her house, ended the ride, and drove away, but Mara never got out of the car.

Her body was found a week later in a ditch near a motel.  She had been raped and strangled.

The Cabify driver has been arrested for deprivation of liberty and murder.

Sunday’s marches took place throughout the states of Mexico and Puebla, with people protesting a perceived disregard from the Mexican authorities toward femicides—killings of women and girls specifically due to their gender, usually accompanied with sexual violence.  As per the Observatorio Ciudadano Nacional del Feminicidio, only 25% of reported murders are investigated as femicides.

According to Luis Ernesto Derbez, director of Universidad de la Américas Puebla (UDLAP), in an interview with Forbes Mexico, a lack of judicial infrastructure is one of the greatest problems in combating impunity in Mexico today.  This means that less than 1% of reported crimes are seen through to their conclusion. The population ratio of judges to people is approximately 4.2 judges per every 100,000 people, while the international average is closer to 16.23 judges per 100,000 people.  UDLAP has conducted a multi-year study called the Global Impunity Index (Índice Global de Impunidad), in which Mexico scored 4th highest impunity in the world.

Mara was a political science major at Universidad Popular Autónoma del Estado de Puebla. She is the 82nd victim of femicide in the state of Puebla this year.

For more information, please see:
Al-Jazeera – “Mexicans march against femicide after teen’s murder” – 18 September 2017

BBC Mundo – “Femicidio en México: Mara Castilla, el asesinato de una joven de 19 años en un taxi que indigna a un país violento” – 18 September 2017

El País – “Mara no se fue, a Mara la mataron” – 18 September 2017

The Guardian – “Outrage as Mexican student killed after using ride-hailing service” – 18 September 2017

Observatorio Ciudadano de Derechos Sexuales y Reproductivos – “Feminicidios en Puebla al 17 de septiembre de 2017” – 17 September 2017

CNN Español – “El trágico fin de Mara Castilla, la joven mexicana que desapareció tras tomar un coche de Cabify” – 16 September 2017

Forbes México – “México es el cuarto país con mayor impunidad en el mundo” – 28 August 2017

Immigrants seek refuge in Colombia as Venezuela’s government collapses

By: Emily Green
Impunity Watch Reporter, South America

BOGOTA, Colombia – Colombia, usually an exporter of immigrants, is experiencing the other side of a migrant crisis. Venezuelan refugees flee their homes and bring Colombia the first wave of massive immigration in its history as an independent nation.

Immigrants leaving Venezuela. Image Courtesy of US News.

Venezuelan immigrants have been forced to leave the country amid the collapse of President Maduro’s government. Their once prosperous economy is collapsing and has driven masses of people from their homes. Colombia shares 1,300 miles of border with Venezuela and has been a popular destination for its dispersed neighbors.

Besides the proximity, Venezuelans make the move to Colombia because of the economic opportunity. Several refugees remark that at least in Colombia they can find food with the little money they earn. At home, the Maduro regime has destroyed the free market and shelves remain empty.

On the Pope’s visit to Colombia a few weeks ago, Colombian President Juan Manuel Santos pledged that Colombia will accommodate thousands of Venezuelan exiles while it works to find a political solution for their country’s crisis. The President assured the Pope, “Colombia will always be a welcoming land.”

Now that Venezuelans have arrived in the promised amount, Colombia is starting to see the effects. Local authorities report street brawls over food donations. The amount of charity is scarce compared to the amount of need. The mayor of a popular city for immigrants, Cücuta, actually had to ban food donations in public spaces to avoid this violence.

This massive migration is putting a strain on Colombia’s job market as well. Immigrant professionals and students move on to Peru or Chile where there are better job opportunities. This leaves the rest of the refugees as day laborers in Colombia where they make a fraction of what Colombian workers make.

Approximately 3,500 Venezuelans enter Colombia daily. If this level of immigration persist, Colombia will experience an unprecedented population increase of 3% next year. However, this number is surely even larger because Venezuelans who cross the border illegally are not accounted for. Because of this, the Colombian government has drastically understated the effect this immigration crisis will have on their country.

Colombia is not the only destination for Venezuelans. “Since Venezuela’s economic crisis began in 2014, an unprecedented number of Venezuelans have fled the country.” Most have fled to Colombia, but Brazil has also received tens of thousands. The number of Venezuelans seeking asylum in Costa Rica, Panama and Mexico has also increased significantly. Refugees arrive in hopes of gaining refugee status, temporary work, and medical services.

These immigrants have suffered food shortages and a severe lack of medical supplies under their socialist ruler. In many cases, their neighboring countries are their only hope for survival.

For further information, please see:

US News – The Venezuelan Diaspora – 18 September 2017

Bloomberg – Trump and Santos to Weigh Plans to Pressure Venezuela Government – 18 September 2017

PanAm Post – Venezuela’s Socialist Collapse Has Unleashed a Migrant Crisis in Colombia – 17 September 2017

Q Costa Rica – Venezuela Asylum Requests Soar in Costa Rica, Panama, Mexico – 14 September 2017

ABC News – Colombian leader promises Pope to take in exiles – 10 September 2017