Brazil Truth Commission Bill Passes Congress

September 28, 2011

by Emilee Gaebler
Impunity Watch Reporter, South America

BRASÍLIA, Brazil – Last week the Brazilian Congress took the first step forward in investigating the human rights abuses perpetrated during the military dictatorship which lasted from 1964 to 1985. On Wednesday they passed a bill to approve the creation of a commission to investigate these human rights abuses. The approved proposal now heads to the Senate and then to President Dilma Rousseff for approval.

The bill creates what is being called a truth commission. The duty of the commission will be to investigate and bring to light the human rights abuses that occurred during the period of several authoritarian leaders. The International Center for Transitional Justice (ICTJ) President, David Tolbert, stated that the Commission will help Brazilians to better understand a shadowed part of their history and aid in the recognition of rights for victims of abuse.

The commission would be comprised of 7 members who would be appointed by President Rousseff. The 7 members would investigate, for a period of 2 years, the torture, death, disappearances and hiding of bodies that occurred during the oppressive regimes. The military has offered their support of the commission. Their support is conditioned on the guarantee that investigations will look at both military abuses as well as abuses committed by opposition guerilla groups.

The positive aspects of the bill include the express recognition of the human rights violated at the time, investigations into disappearances of citizens to increase the possibility of discovering bodies and a comprehensive inquiry into the structures, institutions and places that lead to such systematic violation of human rights.

Critics note that there are a number of negative aspects to the bill. First, is the notable absence of an accountability mechanism. The commission will simply investigate and publish their findings at the end of the two year period. No punishment for any crimes they investigate will occur.

Linked to this concern, is the recent affirmation by the Brazilian Supreme Court that the commission will not overcome the country’s 1979 Amnesty Law. The law releases military personnel and civilians from liability for politically motivated crimes. It was originally formulated in order to give political prisoners and leaders, who were imprisoned and exiled, a way to return to the country. At the time it was largely unrecognized that it would also keep military crimes free from prosecution. In other South American nations, like Argentina, Chile and Peru, the establishment of truth commissions was the precursor to punishment of offenders and a full cycle of justice occurred.

Another concern is that the commission is too limited in scope; with only 7 members and only 2 years to investigate the crimes of 4 decades the reality is that only a cursory investigation will be possible. Roughly 500 Brazilians were killed in that period, another 150 disappeared and more than 20,000 citizens were tortured or abused.

For more information, please see;

Radio Netherlands Worldwide – Brazil: Truth or Reconciliation Without Prosecution? – 26 September 2011

International Center for Transitional Justice – Brazil: Six Critical Steps for Truth Commission Success – 22 September 2011

The New York Times – Brazil: Lower House Approves Truth Commission to Investigate Abuses During Military Dictatorship – 22 September 2011

MSNBC – Brazilian Lawmakers Approve Probe of Abuses – 22 September 2011

Times Live – Brazil Lower House Approves Truth Commission – 22 September 2011

Four Died at Rally to Protest Parliamentary Elections in Guinea

September 28, 2011

By Carolyn Abdenour
Impunity Watch Reporter, Africa

CONAKRY, Guinea – On Tuesday, paramilitary police forces killed four people violently dispersing a march people attempted to join. Nineteen opposition parties organized the march. The police took control of the traffic circle and used tear gas and batons on people as they collated at September 28 Stadium, the prescribed meeting point. Ministry of Defense spokesperson Commander Aliou Diakite reported twenty-three police officers received treatment from injuries sustained by the rock-throwing activists.

Police forces disperse opposition demonstration in Conakry, Guinea. (Photo Courtesy of BBC)

Former Prime Minister Cellou Dalein Diallo, who narrowly lost current President Alpha Conde in last November’s run-off election, reported one of the four dead bodies arrived at the headquarters of Union of the Democratic Forces of Guinea, his political party. The other three bodies rested at the local morgue, but the morgue denied the victims’ families access to the bodies.

Diallo called the march to protest the upcoming December parliamentary elections, which he contends the government will rig. The country should have voted for parliamentary positions six months after the presidential election, but the Independent National Electoral Commission (“CENI”) pushed them back. Diallo asserts Conde placed a close friend as head of CENI who will attempt to tamper the votes.

On Monday, Prime Minister Mohamed Said Fofana met with opposition leaders to resolve the claims. After unsuccessful negotiations, Diallo announced the march would proceed despite a governmental ban. Tuesday morning, riot police assembled at main intersections around September 28 Stadium, and they fired tear gas grenades towards people attempted to organize. After pro-opposition youth began throwing rocks at the police, witnesses report he police fired live round in the Matoto district.

Spokesperson for the opposition parties Faya Millimono reported participants received injuries from gunshots and cuts. However, General Mamadouba Toto Camara, minister of security and protection reported the security forces “do not use firearms.”

This march was the first major demonstration since last year’s elections. Many shops and petrol stations did not open for business on Tuesday for fears of violence from the march.

The protest took place on the eve of the second anniversary of the September 28 Massacre. Under the rule of Junta chief Captain Moussa Dadis Camara, 150 people died when security forces fired live rounds at the anti-juanta protestors. Mass rapes also occurred at the hands of the security forces.

Shopkeeper Souleymane Sow, a supporter of Diallo, said “What is remarkable is that the police units are using riot control tools to disperse the protesters—tear gas and night sticks, and not fire arms for the most part…It’s my opinion that the repression I’m seeing is not too violent compared to what we are used to.”

For further information, please see:
Bloomberg – Guinea Opposition Says Four People Killed in Protests, 11 Hurt – 28 Sept 11
Alert Net – Timeline – Political Tensions Rise Again in Guinea – 27 Sept 11
BBC – Guinea Elections: Three Die as Police Break Up Protest – 27 Sept 11
Wall Street Journal – Police Disperse Guinea Opposition March – 27 Sept 11

Support Grows in Canada to Prosecute Dick Cheney for War Crimes

September 27, 2011

By Brittney Hodnik
Impunity Watch Reporter, North America

OTTAWA, Canada – Not only Canada but other countries are looking into the prospect of indicting former U.S. Vice President, Dick Cheney, for war crimes. Thousands, maybe even millions of people around the world believe that Cheney’s use of water boarding and other harsh interrogation tactics constitute torture and other war crimes.

Many believe that Dick Cheneys use of water boarding violates the United Nations Convention Against Torture. (Image Courtesy of CNN) — Many believe that Dick Cheney's use of water boarding violates the United Nations Convention Against Torture. (Image Courtesy of CNN)

According to the Vancouver Observer, Human Rights Watch said that Canada should prepare itself to investigate Cheney for violating the United Nations Convention Against Torture. This convention clearly lays out what constitutes torture, the possibility of criminal sanctions, and other consequences of violation. All U.N. recognized nations have ratified this Convention Against Torture except Bahrain and Yemen.

The United States has not brought any charges against Cheney at this point. As soon as he leaves the country, (for example, to promote his new memoir in Vancouver, Canada) he opens himself up to possible prosecution. Activist group, Stop War, asked in a press release earlier this week for Vancouver natives to speak out against Cheney’s appearance, reported the Vancouver Observer.

“We owe it to the victim’s of war and torture in Iraq, Afghanistan and beyond to have a strong showing of opposition to this event featuring this war criminal,” Stop War said.

Canada in particular has jurisdiction over such prosecution. According to a statement on the Human Rights Watch website, a country has jurisdiction over an individual for torture if the complainant is a Canadian citizen, even if the acts were committed outside of the country. Cheney’s interrogation tactics affected at least two Canadian citizens.

Dick Cheney is unapologetic about his war tactics, maintaining his opinion that water boarding does not constitute torture, but rather it is merely “an enhanced interrogation technique” according to The Globe and Mail. He says the practices were legal and were approved by the Justice Department. President Obama has since banned the practice.

The Globe and Mail reported that a rowdy group of protestors gathered outside of Cheney’s book appearance in Vancouver; some calling for his arrest while others wanted him barred from Canada. Shouts from the crowd included, “Detain Dick” and “Don’t harbor war criminals,” reported CTV News.

Kate Dyson, a student at the University of Alberta described Cheney as “a self-confessed war criminal, torturer,” according to CTV News. Additionally, anti-war activist Thomas Poulsen said that he was disappointed that Cheney was not arrested.

Cheney continues to defend his use of water boarding and claims he would do it again if faced with the same situation. Cheney can avoid arrest internationally, simply by staying in the United States. Although he was not arrested in Canada this past week, support for his prosecution is growing rapidly.

For more information, please visit:

CTV News — Protestors in Calgary Want Dick Cheney Arrested — 27 Sept. 2011

The Globe and Mail — Dick Cheney, Unapologetic, Defies Vancouver Protestors — 26 Sept. 2011

The Vancouver Observer — Movement to Arrest Dick Cheney for War Crimes Grows — 24 Sept. 2011

CNN — Cheney and Justice for Torture Victims — 23 Sept. 2011

The United Nations Convention Against Torture

Singapore Refuses to Abolish Internal Security Act

September 27, 2011

By: Jessica Ties
Impunity Watch Reporter, Asia

SINGAPORE, Singapore – Despite urging from human rights groups, Singapore is refusing to abolish the Internal Security Act (ISA) which allows for individuals to be detained without a trial.

Singapore is refusing to abolish the Internal Security Act which gives them the ability to detain individuals without a trial (Photo Courtesy of SDP Fans).

Curiosity about the nation’s plans for the act is due, in part, to Malaysia’s recent decision to abolish two of their security regulations. On September 15, Malaysia announced that it would abolish not only the Emergency Ordinance but their version of the Internal Security Act as well. Similar to the act currently in place in Singapore, both acts allowed citizens to be detained without a trial.

Despite Malaysia’s decision; however, Singapore’s Home Affairs Ministry has stated that the ISA continues to be relevant and crucial in the realm of national security. In announcing the decision to not follow in Malaysia’s footsteps, the Home Affairs Ministry notated various differences that exist in the two nations.

One such difference is the holding period required under both forms of the ISA. In Malaysia, detainees could remain in custody for up to sixty days while Singapore only allows detainees to be held for thirty days before the individual is required to be released unconditionally unless a Detention Order is issued.

The ministry also claimed that the ISA has never been used to detain somebody based solely on their political beliefs and has instead only been used to combat threats of subversion, espionage, terrorism and religious extremism.

While some scholars believe that there is a need for the ISA, other groups as well as sixteen individuals who were formerly detained under the ISA are pushing for its abolition.

One proponent of the ISA, Dr. Rohan Gunaratana from the International Center for Political Violence and Research stated, “…ISA is [a] valuable tool to preventively detain terrorist suspects to investigate and also confine them.”

In contrast, sixteen former detainees held under the ISA state that “[t]his law has been in existence for more than half a century and its impact on society is both crippling and pernicious.”

One of the detainees is Chia Thye Poh who spent 26 years in detention and was one of the world’s longest held political prisoners along with Nelson Mandela. Chia was detained in the 1960’s after being accused of being a Communist subversive.

Seven of the others former detainees were detained for an alleged Marxist conspiracy against the government of Singapore in 1987.

The Singapore government maintains that the sixteen former political prisoners were detained for their involvement in activities that threatened national security and not because of their political beliefs.

The ISA was initially enacted by British authorities to fight the Communist insurgency after World War II. While the ISA was generally used between the 1960’s and 1980’s to contain those believed to be causing racial and religious disharmony, it was primarily used to combat terrorism following the September 11 terrorist attacks.

For more information, please see:

Channel News Asia – MHA Says ISA Remains Relevent & Necessary – 23 September 2011

AFP – Ex-Prisoners Urge Singapore to Scrap Security Law – 19 September 2011

My Sinchew – Will Singapore Bow to Pressure to put an End to ISA? – 19 September 2011

Today – Selling Singaporeans on the ISA – 19 September 2011

Channel News Asia – ISA Relevant to S’pore, Crucial for National Security: MHA – 16 September 2011

Saudi Women Granted Right to Vote, but Not Until 2015

September 27, 2011

By Zach Waksman
Impunity Watch Reporter, Middle East

RIYADH, Saudi Arabia – Women’s rights in Saudi Arabia took a gigantic step forward Sunday. Claiming to “reject any marginalization of women in Saudi society in every domain,” King Abdullah used his address to the Majils Al-Shura, a council that advises him on issues of public policy, to grant women the right to vote in the municipal elections of 2015. Women will also be able to run for office in that election and be eligible for appointment to the council as full voting members. They will not, however, be able to vote in Thursday’s elections, which a group of at least 60 Saudi intellectuals and activists have called to boycott for that reason.

King Abdullah of Saudi Arabia (center, seated) addressed the advisory Majils Al-Shura Sunday, announcing that women would have the right to vote in 2015s municipal elections. (Photo courtesy of Reuters) — King Abdullah of Saudi Arabia (center, seated) addressed the advisory Majils Al-Shura Sunday, announcing that women would have the right to vote in 2015's municipal elections. (Photo courtesy of Reuters)

“Because we refuse to marginalise women in society in all roles that comply with sharia, we have decided, after deliberation with our senior clerics and others… to involve women in the Shura Council as members, starting from next term,” he said. “Women will be able to run as candidates in the municipal election and will even have a right to vote.

The Middle Eastern country has historically been one of the most conservative countries in the world when it comes to women’s rights. One of the most notable restrictions is a ban on women drivers, which was challenged by numerous women in May. The general rule in Saudi Arabia is one of male guardianship, which means that women cannot make decisions about their lives without the approval of a male relative.

King Abdullah’s announcement is viewed as a possible response to the “Arab Spring” that has gripped the Middle East for much of this year. He has promised reform for over a decade, but his efforts have been slow to take hold due to fear of a religious backlash.

“There is the element of the Arab Spring, there is the element of the strength of Saudi social media, and there is the element of Saudi women themselves, who are not silent,” said Hatoon al-Fassi, a history professor and one of the women who organized a campaign demanding the right to vote this spring. “Plus, the fact that the issue of women has turned Saudi Arabia into an international joke is another thing that brought the decision now.”

Saudi women enthusiastically responded to the monarchy’s announcement, even if they will have to wait four years to take advantage of their new rights.

Writer Nimah Ismail Nawwab told the BBC: “This is something we have long waited for and long worked towards.”

The Twitter page Women2Drive, a key player in the organized protest where women drove on the streets of Saudi Arabia, also spoke with great hope. “A new day for Saudi women..a new era..the dream comes so true..Good morning ladies..and gentlemen,” a tweet read.

Deputy Education Minister Noura bint Abdullah Al-Fayez, Saudi Arabia’s first female minister, was strongly encouraged by King Abdullah’s remarks.

“Woman is a partner of man in building society. The new assignments are an honor for Saudi women,” she said. “During this prosperous era of King Abdullah, women enjoy a lofty position as the king recognized their achievements in the areas of education and science and their ability to carry out different roles in an efficient manner. Women have won the king’s confidence through their hard work.”

Majils Al-Shura President Abdullah Al-Asheikh seconded Al-Fayez’s remarks. He pointed out the significant contributions that women had made in several fields of Saudi society, including education, heath, and economics. He also noted that women had done well in research, and some had acted as consultants to the council. In 2006, six women were appointed in that capacity, which has since grown to 12. Despite their role as advisors, they lack voting power. In Al-Asheki’s opinion, allowing women to serve and vote on the council would provide the council with “new blood.”

While the actual reform will have to wait, women are encouraged by the announcement. A Facebook page titled “We are all Manal al-Sharif,” in support of an activist who was arrested for defying the ban on women drivers, has numerous comments on King Abdullah’s decision, almost all of them positive. But it is clear that there are other key issues on their minds.

“Al-Bandari Abdallah” commented on that page: “Our hope has grown with the new decisions. God willing Saudi women will drive soon,” and “Sawdiyah La-Diniyah” notes that it’s a “Good start…but when [will women be] driving!!”

On Monday, the Majils Al-Shoura announced that it is reviewing the ban on women drivers in order to reconsider the issue.

For more information, please see:

Saudi Gazette — Shoura Reconsidering Women Driving Issue — 27 September 2011

Arab News — Saudi Women Won Confidence through Hard Work: Al-Fayez — 26 September 2011

Arab News — Shoura Chief Says Women Will Bring New Blood to Council — 26 September 2011

BBC — Saudi Social Media Joy at Reform Promise — 26 September 2011

Human Rights Watch — Saudi Arabia: Women to Vote, Join Shura Council — 26 September 2011

Al Jazeera — Saudi Women Given Voting Rights — 25 September 2011

Arab News — King Abdullah Grants Women the Vote — 25 September 2011

BBC — Women in Saudi Arabia to Vote and Run in Elections — 25 September 2011

New York Times — Saudi Monarch Grants Women Right to Vote — 25 September 2011