North America & Oceania

The Mandate for the International Commission against Impunity in Guatemala is Ending

By Brenda Lopez Romero
Impunity Watch reporter – North America desk

GUATEMALA CITY, Guatemala – The International Commission against Impunity in Guatemala needs more support and must include the ability to go after corruption and organized crime.

The Commissioner, Carlos Castresana Fernández, noted that due to their work about 2,000 police officers, or 15 per cent of the force, have been discharged on corruption charges and one Attorney General, 10 Prosecutors and three Supreme Court Justices had been dismissed for lack of cooperation.  Additionally, 130 people had been jailed, including a former President as well as former Ministers of Defence, Finance and Interior.

Guatemala engage international support to strengthen its ability to provide structural protection for its citizens against human rights violations by non-state actors in the country.

Rigoberta Menchú, Nobel Peace Prize Laureate; Eduardo Stein, former Vice-President of Guatemala; and Gonzalo Marroquín, Director, Prensa Libre, and Vice-President, Inter-American Press Association are assisting the Commission’s interactions with the society to increase its credibility among the citizens.

Ms. Menchú said “the country was still living with the aftermath of 36 years of civil strife, and implementation of the peace agreement was only possible if impunity could be fought.”  Mr. Stein also noted that the Commission was started at the request of Guatemala as a member of the international community due to its legitimate concern for its citizens and to improve its justice system.  He emphasized that in 2009 there were about 6,000 assassinations, but fewer than 600 charged were being prosecuted, and the Commission has helped address this impunity.

However, the Commission’s mandate is ending and the remaining tasks are up to the Guatemalans citizens to control.

For more information, please see:

Guatemala Times – UN Commission in Guatemala fight against impunity needs more support – 20 April 2010

Taiwan News – Progress in UN fight against Guatemala corruption – 20 April 2010

UN News Centre – UN-backed war on impunity in Guatemala should be strengthened – commission head – 20 April 2010

Honduras’s Truth and Reconciliation Commission Faces Skeptism

By Brenda Lopez Romero
Impunity Watch reporter – North America desk

TEGUCIGALPA, Honduras – On May 4, 2010, the independent Truth and Reconciliation Commission will begin its work to document an “objective and impartial” report of the events that lead to the June 28, 2009 political change of power and ouster of President Zelaya.

Former Guatemalan Vice President – Eduardo Stein, two international experts – Michael Kergin, former Assistant Deputy Minister for the Americas in the Department of Foreign Affairs and International Trade of Canada and Maria Amadilia, former Minister of Justice of Peru, and two national experts – Hondurans Julieta Castellanos, President of the National Autonomous University of Honduras (UNAH) and former UNAH President and jurist Jorge Omar Casco, and a support team, will coordinate the Commission in addition to technical and administrative assistance from the Organization of American States (OAS).

Mr. Stein pre-warned some facts may not be disclosed, because “there will be sensitive information that will be classified, especially confidential testimony provided by certain individuals during the investigation process.”  Mr. Stein did point out that within a 10 year period that information would be declassified, but his team is “going to be extremely scrupulous in [thier] work.”  Nevertheless, there is already dissatisfaction with the chosen experts.

Reina Rivera, a member of the Human Rights Platform Coalition stated, “We believe that the selection of the international members was made more on the basis of their nationalities than their competence and abilities. The representatives from Canada and Peru are not well looked upon in some sectors, which is why some reject the Commission, while others view it with reservations.”  The president of the National Association of Industrialists, Adolfo Facusse, said that the findings “will be geared to what the world wants to hear, and not to what really happened in Honduras. I don’t have very high expectations regarding this question. It won’t contribute to reconciliation; on the contrary, it will create greater division.”  Honduras’ first ever Human Rights Commissioner (from 1992 to 2002), Leo Valladares, opined that “it’s only natural that there is widespread distrust,” he said.

For more information see:

Honduras News – Truth Commission Faces Daunting Task – 19 April 2010

IPS News – Truth Commission Under Fire from All Sides – 19 April 2010

Upsidedown World – Disappearing Truth in Honduras: Commissions Cover Up Demands for New Constitution – 13 April 2010

Protests against Montreal Ban on Niqab

By William Miller

Impunity Watch Reporter, North America

MONTREAL, Canada – One hundred and twenty protestors gathered outside of Montreal City Hall on Saturday, April 17 to protest proposed legislation called Bill 94. The proposed legislation would band Niqabs and Burkas, Islamic garments which cover a womans face, from those seeking public service.

A woman demonstrating against bill 94 at Saturdays protest outside Montreal City Hall (PHOTO: CTV)

The proposed legislation would ban anyone from wearing a face covering while receiving public services.  The bill would predominantly affect Muslim woman who wear face coverings as part of their religious practices.

The bill was proposed last month after a woman was expelled for wearing a Niqab during French class. The school said it was disruptive to the classroom process. The incident has sparked debate in Montreal.

Under the new rule anyone wearing a face covering would not be able to receive public services including Government departments and corporations, non-emergency hospital services, universities, and day cares receiving public funds. The rule does not only apply to those receiving the government services, but also to those employed in government service.

Jean Charest , liberal premier said “If you are someone employed by the state and you deliver a service, you will deliver it with your face uncovered. If you are a citizen who receives services, you will receive them with your face uncovered.” He has defended the proposed legislation saying that it draws the line at accommodating religious minorities when it infringes on gender equality.

The protestors however, feel that the bill demonstrates a lack of tolerance and understanding. Meena Samreen, the Montreal woman who organized the protest called the bill hypocritical. “We send our troops to protect those women, to open educational institutes for them, and here we’re stopping women from going into educational institutes because they choose to cover their faces,” she said.

For more information, please see:

CTV – Protestors Denounce Bill 94 – 17 April 2010

Montreal Gazette – Crowed Protests Quebec Niqab Ban – 17 April 2010

National Post – Unveil, Quebec Says – 25 March 2010

Same-Sex Partners Granted Broader Visitation Rights

By Stephen Kopko

Impunity Watch Reporter, North America

WASHINGTON D.C., United States-Another victory was won by gay-rights advocates in their campaign to gain equal rights.  In a memorandum to the Secretary of Health and Human Services (HHS), President Barack Obama mandated that a majority of hospitals allow partners of homosexuals the same visitation rights as heterosexual couples.

President Obama wrote that there was a major problem in America where patients are denied access to those who most care for them by hospitals.  Normally, hospitals only allow those people related by blood or marriage to visit a seriously ill patient or make medical decisions for that person.  This issue particularly affects homosexual Americans.  President Obama wrote “gay and lesbian Americans are often barred from the bedsides of the partners they may have spent decades of their lives.”

According to the memo, the Secretary of HHS, Kathleen Sebelius, is directed to develop rules to enforce hospitals to “respect the rights of patients to designate visitors.”  The memo also directed the Secretary to begin developing rules allowing patients more freedom to choose who should be their medical proxy.  Additionally, hospitals must honor power of attorney and health care proxy documents already created by couples.  The new rules will apply to those hospitals that receive funding from Medicare and Medicaid.  The procedures for creating new rules within agencies can last many months.

Opponents of the gay-rights movement criticized the mandate as granting special rights to homosexual couples.  They see the mandate as intruding upon the fundamental principle of marriage: Marriage is between one man and one woman. Peter Sprigg of the Family Research Council stated “the memorandum undermines the definition of marriage.” Nevertheless, many opponents of gay-rights support a person’s choice of who they want next to them during a health crises.

Supporters of the gay-rights movement applauded the mandate issued by the President. David Smith of the Human Rights Campaign stated, “We see this as part of our ongoing effort to encourage the administration to take action where it has authority to act.”  Despite support for the homosexual community, the Obama Administration has been criticized by others as moving too slow on bringing equality to homosexuals.  They believe that the President has not followed through on his campaign promises.

For more information, please see:

Los Angeles Times-Obama orders most hospital to grant gays visitation rights-16 April 2010

MSNBC-Obama Agenda: Same-Sex Visitation-16 April 2010

Washington Post-Obama extends hospital visitation rights to same-sex partners of gays-16 April 2010

Former Army Translator Claims Canadian Troops Shot Innocent Man

By William Miller

Impunity Watch Reporter, North America

OTTAWA, Canada – A former translator for the Canadian Army claimed that Canadian Forces shot and killed an unarmed seventeen year old boy in Afghanistan. Malgarai Ahmadshah Further claimed that the troops then attempted to cover it up by rounding up ten innocent civilians and arresting them.

Ahmadshah’s claims were made on Wednesday before a parliamentary committee investigating whether the Canadian Army transferred Afghani prisoners into the custody of Afghani officials despite knowing that those prisoners would be subjected to torture. Transferring prisoners knowing that they will be subjected to torture as a result of the transfer is a war crime.

Ahmadshah was in Afghanistan with the Canadian military for thirteen months in 2007 and 2008 and served under General Guy Laroche. During that time he served as a translator who interpreted for Afghani prisoners.

Ahmadshah testified that in the summer of 2007 Canadian troops shot and killed a seventeen year old unarmed boy in Kandahar Afghanistan. The troops shot the boy in the head because they thought he had a gun.

After realizing the boy did not have a gun the soldiers panicked and began rounding up civilians in the area and arresting them. The prisoners ranged in age between ten and ninety.

“None of the detainees were Taliban. None did anything wrong except to be at home when the Canadian Forces murdered their neighbor. Yet Canada transferred all these innocent men to the NDS. I don’t know what happened to them” said Ahmadshah.

Ahmadshah admitted that he did not see the incident first hand. He only heard about it from the prisoners. He also admitted that he could not prove any of his allegations.

It is not clear whether Ahmadshah plans to take any action against the federal government himself. His lawyer advised him not to comment. Ahmadshah refused to repeat his comments after the hearing. He also made allegations that top ranking military officials knew that transferred prisoners were being tortured and did nothing about it.

For more information, please see:

AFP – General Vows Probe into Alleged Handover of Afghan Detainees – 15 April 2010

Canadian Press – Explosive Claim from Translator: Canada Troops Tried to Cover up Killing – 15 April 2010

Toronto Sun – Former Interpreter says Military Knew About Torture – 14 April 2010