Brazil to Investigate Human Rights Abuses with Truth Commission Bill

By Paula Buzzi
Impunity Watch Reporter, South America

BRASILIA, Brazil —  Brazil will soon join Argentina, Chile and Uruguay in the list of South American countries that are taking steps to investigate those responsible for the human rights abuses during their respective military regimes. A truth commission bill, which will examine the abuses between 1946 and 1988, was approved by Brazil’s Senate on Wednesday night and now awaits the signature of President Dilma Rousseff in order to become law.

President Rousseff was among several other leading figures in Brazil that was imprisoned and tortured during the military regime. (Photo Courtesy of Reuters).

The truth commission bill was drafted by former Brazilian president Luiz Inacio Lula da Silva of the Workers Party. Rejection and threats from three force commanders and the Minister of Defense, however, blocked any advancement of the bill during his term.

With strong support from current President Rousseff, the truth commission bill passed the lower house of the Brazilian legislature in September. President Rousseff, a former socialist during her youth, was captured and claimed to have been tortured in jail during the dictatorship. She urged congress to act swiftly on the bill as she believes it is key to Brazilian unity.

In addition to President Rousseff, several other leading figures in Brazil have stated that they were imprisoned and/or tortured during the military regime, including former Presidents Luiz Inacio Lula da Silva and Fernande Henrique Cardoso, and culture minister and singer Gilberto Gil.

The truth commission bill will consist of seven people appointed by the President to research reported abuses during the military dictatorship, and draw up a final report. Because of a military amnesty law, however, any military official or left-wing guerrilla accused of violence cannot be prosecuted. Despite no trials, Senator Aloysio Nunes believes the commission will help unveil many truths from the dictatorship era.

Approximately 500 Brazilians were captured or killed by the military during their rule between 1964 and 1985. Brazil has never punished those military officials responsible for the murders and human rights abuses.

Senator Randolfe Rodrigues believes this commission is a “timid” one compared to its’ neighboring countries. Other countries in South America, including Argentina and Uruguay, have already sentenced ex-military officials found guilty of human rights abuses during their military dictatorship. Brazil’s truth commission’s purpose, however, is to merely investigate.

 

For further information, please see:

Washington Post – Brazilian Senate Approve Investigation of Human Rights Abuses During Military Dictatorship – 27 October 2011

BBC News – Brazil Creates Truth Commission to Probe Rights Abuses – 27 October 2011

AFP – Brazil Approves Truth Commission on Rights Abuses – 27 October 2011

Merco Press – Truth Committee in Brazil but With No Review of Past Human Rights’ Crimes – 21 October  2011

Kenya Launches Incursion into Somalia to Secure Borders and Economic Prosperity

By Zach Waksman
Impunity Watch Reporter, Africa

NAIROBI, Kenya – Ten days ago, Kenya began a campaign to hunt down members of the radical Islamist militant group Al-Shebab, which occupies much of southern Somalia.  Its offensive has brought forces across the shared border between the two countries.  The new incursion has drawn scrutiny from Somalia and poses risks to both countries’ future security.

Kenyan police officers patrol Nairobi, the capital, following grenade attacks by militant Islamic group Al-Shebab. (Photo courtesy of European Photopress Angency)

Kenya has been a relatively stable country since gaining independence in 1963, becoming a Western ally and a popular tourist destination.  But a series of abductions credited to Al-Shebab, including one of humanitarian workers at a Somali refugee camp, led Kenya to strike back, launching its current action.  Or at least this was the initial claim.  Wednesday, spokesman Alfred Matua changed the rationale by saying that the abductions acted as a “good launchpad.”

“An operation of this magnitude is not planned in a week,” he said. “It’s been in the pipeline for a while.”

Part of the reason for this move appears to be economic gain, rather than security.

“This isn’t about tourism,” said a senior Kenyan official, who spoke on the condition of anonymity. “This is about our long-term development plan. Kenya cannot achieve economically what it wants with the situation the way it is in Somalia, especially Kismayu,” referring to a planned port city 60 miles south of the border that is occupied by Al-Shebab.

“Just imagine you’re trying to swim,” he added. “If someone is holding your leg and your arm, how far can you swim?”

For years, the United States has been providing weapons and training to the Kenyan military to aid in protecting its borders from its anarchic neighbor.  But this may be the first time Kenya has actually taken military action into Somalia.  The U.S. denied involvement in the present campaign, but acknowledged Kenya’s right to defend itself.  The Pentagon is watching the affair, finding promising initial returns, but fearing the potential next step.

A man claiming to be a member of Al-Shebab pled guilty to carrying out a pair of grenade attacks in Nairobi, the capital, on Wednesday.  The attacks have put the city on high alert.  Al-Shebab has affiliated itself with Al Qaeda and has carried out numerous suicide attacks in Somalia.  One of its goals is to overthrow Somalia’s transitional government, whose forces succeeded in taking control of Qoqani, a border town in the Lower Juba Region.  Despite the setback, the organization vows to stand strong in the face of the Kenyan incursion.

“Kenya violated the territorial rights of Somalia by entering our holy land, but I assure you that they will return disappointed, God willing,” said Sheikh Hassan Turki, a senior Al-Shebab leader.

Though Al-Shebab is an enemy to the interim government, President Sheikh Sharif Ahmed has stated his opposition to the incursion from the beginning, calling the action a potential breach of sovereignty and saying that an agreement with Kenya to run a cooperative security operation against Al-Shebab only allowed Kenya to train Somali troops.

His sentiments have not been echoed within his government.  Internal Security Minister George Saitoti sought an explanation of the president’s statements, which implied that he was turning away from the cooperative security agreement.

“In the light of this the Kenya Government is seeking clarification of the Somali government’s position as it is essential to have a unified approach in dealing with the destabilisation of Somalia by Al-Shebab, and its threats to peace and security to Kenya and the region,” Saitoti said.

One of the major questions that Kenya faces as the operation continues will be the ramifications of this action.  It is expected to have major implications on the delivery of humanitarian aid to the famine-ravaged Horn of Africa.  Mere days after the incursion started, several organizations with operations in Somalia had to suspend operations.  At best, the situation will be a temporary hiccup.  At worst, it will slow aid delivery to a halt.  An extended campaign may give Al-Shebab exactly the motivation it needs to make good on its promise to attack.

For more information, please see:

BBC — Kenya-Somali Border Attack: Al-Shabab Suspected — 27 October 2011

The Standard — Somalia Split over Hunt for Al Shabaab — 27 October 2011

Africa Review — Somali President Wants Kenya Troops Out — 26 October 2011

New York Times — Kenyan Motives in Somalia Predate Recent Abductions — 26 October 2011

Al Jazeera — Kenya Sends Troops to Attack Al-Shabab — 24 October 2011

IRIN — Kenya-Somalia: A Risky Intervention — 20 October 2011

War Crimes Prosecution Watch, Vol. 6, Issue 15 — October 24, 2011

Vol. 6, Issue 15 — October 24, 2011

IN MEMORIAM: The staff of War Crimes Prosecution Watch would like to dedicate this issue to the memory of Judge Antonio Cassese, a giant in the field of international criminal law, and former president of both the Special Tribunal for Lebanon and the International Criminal Tribunal for the former Yugoslavia. For more on his life, please see here or the website of the Special Court for more information.

 

INTERNATIONAL CRIMINAL COURT

Central African Republic & Uganda

Darfur, Sudan

Democratic Republic of the Congo

Kenya

Libya

Cote d’Ivoire (Ivory Coast)

AFRICA

International Criminal Tribunal for Rwanda

Special Court for Sierra Leone

EUROPE

Court of Bosnia & Herzegovina, War Crimes Chamber

International Criminal Tribunal for the Former Yugoslavia

Domestic Prosecutions In The Former Yugoslavia

MIDDLE EAST AND ASIA

Extraordinary Chambers in the Courts of Cambodia

Special Tribunal for Lebanon

Bangladesh International Crimes Tribunal

War Crimes Investigations in Burma

NORTH AND SOUTH AMERICA

United States

TOPICS

Terrorism

Piracy

Universal Jurisdiction

Gender-Based Violence

REPORTS

UN Reports

TRUTH AND RECONCILIATION COMMISSIONS

Canada

Ivory Coast

Liberia

COMMENTARY AND PERSPECTIVES

WORTH READING

 

War Crimes Prosecution Watch is a bi-weekly e-newsletter that compiles official documents and articles from major news sources detailing and analyzing salient issues pertaining to the investigation and prosecution of war crimes throughout the world. For more information about War Crimes Prosecution Watch, please contact warcrimeswatch@pilpg.org.

Another Herder Killed By Truck in Mongolia

By: Jessica Ties
Impunity Watch Reporter, Asia

HOHHOT, Inner Mongolia – Chinese authorities are being accused of attempting to cover up the killing of an Ethnic Mongolian herdsmen who was struck by an oil truck while protesting the destruction of grazing land in the Uushin Banner district of Inner Mongolia.

Another herder in Inner Mongolia has been killed in the escalating conflict between Ethnic Mongolian herders and oil and gas companies (Photo Courtesy of Radio Free Asia).

Zorigt, was one of several local Inner Mongolian herders involved in protests attempting to prevent the destruction of their land by “… unregulated Chinese oil and gas transport trucks that drive roughshod through their grazing lands and kill livestock.”

Conflicts between herders trying to protect their grazing land and the Shuurhei Oil-Gas Field transporters have resulted in numerous beatings that have caused several herdsmen, including Zorigt, to be hospitalized.

The Southern Mongolian Human Rights Information Center (SMHRIC) has claimed that the Chinese government is attempting to “…prevent possible unrest by the Mongolians…” and that they had “…preemptively reported on the event, calling it a ‘traffic accident.’” This report, however, has since been removed from other Chinese language internet news sites.

The government’s fear of protests stems from demonstrations that occurred after a similar incident last May. On May 10 another herdsman, Murgen, was run down by the driver of a coal truck as he tried to prevent him from driving over the pasture.

The May killing catalyzed mass demonstrations that were fueled not only by the herdsman’s death, but also by Inner Mongolian anger at the exploitation of natural resources and the apparent erosion of Inner Mongolian self-rule by Han Chinese settlers and developers.

The protests resulted in a government crackdown and the execution of the man convicted of killing Murgen with his truck.

Given the lingering anger of many Inner Mongolians, the Chinese government allegedly hopes to avoid a repeat of the May protests by claiming that the death was caused by Zorigt’s own recklessness in attempting to pass a truck on his motorcycle and was not another intentional killing by a truck driver.

According to the SMHRIC, the government has combated the accusations by posting messages in internet chat rooms to encourage people to disregard the rumors that the death was intentional. One message states, “[s]ome people who have hidden intentions are interpreting it as an ethnic problem or a conflict with the oil and natural gas development.”

Ethnic Mongolians claim that mining and desertification, defined as land degradation that is often caused by human activity, have ruined their grazing lands and that the Han Chinese majority has been the main beneficiaries of the resulting economic development.

 

For more information, please see:

BBC – Truck Kills Herder in Inner Mongolia China – 24 October 2011

China Digital Times – Truck Kills Protesting Herder in Inner Mongolia – 24 October 2011

Radio Free Asia – Group Charges Cover-Up – 24 October 2011

Reuters – Truck Kills Herder in China Inner Mongolia Protest: Group – 24 October 2011

Straits Times – Truck Driver Kills Ethnic Mongol Herder in China Land Dispute – 24 October 2011