Violence Rocks Western Sahara

By Daniel M. Austin
Impunity Watch Reporter,  Africa

Moroccan forces raid protest camp. (Photo courtesy of Momento 24).
Moroccan forces raid protest camp in Western Sahara. (Photo courtesy of Momento 24).

 RABAT, Morocco – Violence erupted this past Monday, November 8th when Moroccan security forces raided an opposition group’s protest camp in Western Sahara.  The camp called Gadaym Izik was home to more than 12,000 Polisario Front protesters before the attack. The Polisario Front consists of Saharawis, a nomadic native people that have resisted the Moroccan government for several decades.

There are conflicting reports on the number of people injured and killed in the attack. According to the Polisario Front, 19 people were killed in the fighting, 723 were wounded, and 159 people are still unaccounted for. Alternatively, the Moroccan government claims eight members of its security force were killed but not a single civilian was harmed in the fighting.

The Gadaym Izik camp was established about a month ago to protest both a lack of jobs and discrimination of the Saharawis at the hands of the Moroccan government. The Polisario Front established this protest camp on the outskirts of Laayoune, the capital city in Western Sahara. In response, Moroccan security officials swept in and forcefully shut down the camp. The security forces are accused of using live ammunition, tear gas, and water cannons.

This most recent clash comes at a time when the Moroccan government and the Polisario Front are meeting in New York City to negotiate a peace deal. The third round of United Nations (U.N.) backed talks continued despite the violence. After the talks concluded on Tuesday, U.N. special envoy Christopher Ross explained the two sides had rejected each other’s proposal on how the negotiations process should continue. However, both sides did agree to continue peace plan discussions in December or early next year.

The Moroccan government has outlined a proposal that would keep the territory under its control but grant the region autonomy, thus allowing  the Polisario Front to control administration of  the local government. On the other hand, the Polisario Front is seeking full independence. Specifically, the Polisario Front has offered a proposal for a popular referendum to take place that will determine if Western Sahara should become an independent state or remain under the government’s control. The Polisario Front has been seeking independence from the Moroccan government since the 1970s.

 For more information, please see:

BBC Africa – Morocco ‘raided Western Sahara camp to sabotage talks’—11 November  2010 

Canadian Press – Calm returning to Western Sahara after 2 days of unrest – 11 November 2010

CNN International — Deadly clashes reported in disputed Western Sahara – 10 November 2010  

UPI – Western-Sahara-erupts-into-violence – 10 November 2010

Pastor Challenges Same-Sex Marriage Ban; Receives Hate Messages

By Ricardo Zamora
Impunity Watch Reporter, Europe

LONDON, England – Sharon Ferguson, ordained Christian minister and chief executive of the Lesbian and Gay Christian Movement, is one of the latest homosexual individuals opposing a UK law banning same-sex marriages.  Her case has drawn heavy criticism, producing several hate messages, likely because of her position in the community.

Last week, the Reverend and her partner, Franka Strietzel, applied for a civil license marriage, the first of four such applications comprising the new “Equal Love” campaign.  The couple’s request for a civil marriage license for Greenwich Town Hall in South-East London was refused.

The BBC quoted Reverend Ferguson as saying “my whole life is about campaigning for equality and justice as a pastor in a parish that is known for its social justice work.”  “It’s part of my daily life to challenge discrimination, but with this campaign what is really nice is that it’s about love.”

The couple is now looking to the courts for the right to obtain a marriage license, arguing that the restriction violates Articles 8 (the right to respect for family life), 12 (the right to marry), and 14 (protection against discrimination) of the Human Rights Act.  Seven other couples are planning similar actions.

The couple remains in high spirits amidst the hostile messages.  Reverend Ferguson said that while the messages were mostly from unhappy Christians, the general public opinion is supportive of ‘Equal Love.’  The ‘Equal Love’ campaign, through these eight couples – four homosexual and four heterosexual – is seeking to overturn the twin bans on gay marriages and heterosexual civil partnerships.

Peter Tatchell, Human rights campaigner and coordinator of “Equal Love,” said: “We are guardedly optimistic that we will win in the courts.  We’re absolutely convinced we will have same-sex marriage within five years.  Boris Johnson has already come out in support of marriage equality.  We believe we have a pretty strong case.”

The London Evening Standard reports that the eight couples will likely launch a challenge in the High Court if their requests are refused at the register offices by the end of the year.

For more information, please see:

HERALD SCOTLAND – Lesbian couple to challenge ban on gay marriage – 3 November, 2010

BBC – Gay Couple Plan Legal Action To Challenge Marriage Ban – November 2, 2010

LONDON EVENING STANDARD – Abusive Emails Sent to Lesbian Pastor Fighting for Same-Sex Marriages – November 4, 2010

Uruguay Jails Active Military Official For 1974 Murder

By Patrick Vanderpool
Impunity Watch Reporter, South America

MONTEVIDEO, Uruguay – For the first time in history, Uruguay has imprisoned an active military official for human rights violations committed during the country’s 1973-85 dictatorship.

Nibia Sabalsagaray, allegedly murdered by General Miguel Dalmao in 1974 (photo courtesy of http://fronteraincierta.blogspot.com/)
Nibia Sabalsagaray, allegedly murdered by General Miguel Dalmao in 1974 (photo courtesy of http://fronteraincierta.blogspot.com/)

On Monday, General Miguel Dalmao was jailed for Nibia Sabalsagaray’s 1974 murder.  Sabalsagaray, a communist, was found hung in a prison cell after Dalmao had detained her.  If convicted, Dalmao may face 30 years in prison.  Col. Jose Chialanza was also jailed in connection with Sabalsagaray’s murder.

Sabalsagaray was found hanged in her cell shortly after being captured by Uruguayan military officers. At the time Sabalsagaray was detained, Chialanza was a battalion commander and Dalmao was a lieutenant in charge of gathering intelligence on individuals who were suspected of subversion.

Dalmao and Chialanza both claim that Sabalsagaray hanged herself.  However, Prosecutor Mirtha Guianze and lawyers for Sabalsagaray’s family presented evidence that they claim rules out the possibility of suicide.

Dalmao, who currently commands the Uruguayan army’s 4th Division, has repeatedly and steadfastly asserted his innocence.  Uruguay’s top army general, Jorge Rosales, has also publically supported Dalmao’s claims of innocence.  Nevertheless, the Uruguayan military has not issued any statements since Dalmao was officially imprisoned.

Uruguay Supreme Court’s recent ruling, declaring unconstitutional a law which made it easier for those alleged to have committed human rights violation during the dictatorship to achieve amnesty, may pave the way for not only Dalmao and Chialanza, but many others, to serve jail time for their violations.

To this point, a dozen Uruguayan military officials have been prosecuted for crimes against humanity, but all were committed outside Uruguay.  The court’s decision makes available the possibility that additional human rights violators within the country will be sought out and prosecuted.

Dalmao will remain jailed throughout the appeals process; the process will likely take several months.

For more information, please see:

The Argentina Independent – Uruguay: Military Dictatorship Crime Prosecutions – 9 November 2010

The Canadian Press – Active Uruguayan general imprisoned for aggravated murder in 1974 death of political prisoner – 8 November 2010

Kansascity.com – Active Uruguayan general imprisoned in 1974 murder – 8 November 2010

Watchdog: Chavez Censorship Akin to East European Cold War

By R. Renee Yaworsky
Impunity Watch Reporter, South America

CARACAS, Venezuela–President Hugo Chavez of Venezuela has again been accused of silencing voices of opposition by controlling and censoring the media.  A popular media watchdog, the Inter-American Press Association (IAPA), has issued a report alleging that Chavez’s restrictions on members of the press bring to mind events during the Cold War in eastern Europe.

David Natera is the director of Venezuelan newspaper El Correo del Caroni and president of the Venezuelan Press Bloc, a group representing the owners of the country’s primary newspapers.  Natera presented the report against Chavez at IAPA’s 66th General Assembly in Mexico.  The report stated that Chavez “seeks to control ideas, and to impose silence” on anyone who disagrees with the government.

Natera’s report went on to accuse Chavez of seizing media outlets and expropriating property as part of a “social control strategy” so that “the people will have to depend on the state exclusively to get jobs or food.”  The report continued:  “To achieve this perverse end, Chavez needs silence, the silence of the media and of journalists. He needs the silence and the fear that were typical of the sad and oppressed peoples of Cold War-era eastern Europe, the Soviet Union and today’s Cuba under [Raul and Fidel] Castro.”

Natera was optimistic, however, that members of the press in Venezuela, though oppressed, will doggedly strive to maintain impartiality and report the truth.

Chavez considers himself a socialist revolutionary and is seen by many as an enemy of the free press.  In July of this year, his government acquired a minority stake in Globovision, the sole remaining opposition television network.  Similarly, in 2007, Chavez terminated the broadcasting license of the most popular independent television network in the country, Radio Caracas Television (RCTV).

According to Natera’s report, over the past year, 113 physical attacks against journalists have been reported in Venezuela.  In addition to these assaults, journalists have been imprisoned or sent into exile.  Acknowledging these human rights violations, Natera said:  “The independent media, which the government calls ‘private media’, are the ones that defend the Constitution, freedom of expression and the people’s right to a free and uncensored information.”

IAPA is a press advocacy group representing media organizations in North America, South America and the Caribbean.  It boasts a membership of 1,300 newspapers and magazines.

For more information, please see:

El Universal-“Chavez needs silence of the media,” IAPA cautions-8 November 2010

AFP-Venezuela’s Chavez targets freedom of press: watchdog-8 November 2010

RTT News-Chavez Imposing Media Censorship: Watchdog-8 November 2010

El Mercurio – Hugo Chávez busca controlar las ideas e imponer silencio a medios de prensa en Venezuela, dice la SIP – 8 November 2010

UK To Give Prisoners Right to Vote For First Time Since 1867

By Ricardo Zamora

Impunity Watch Reporter, Europe

STRASBOURG, France – Despite a 2005 European Court of Human Rights (ECHR) decision finding blanket restrictions on prisoners’ right to vote illegal, the United Kingdom has continued denying prisoners in England and Whales the right to vote.

In June, the influential European body, the Committee of Ministers of the Council of Europe (CMCE), an inter-governmental organization that oversees and enforces ruling made by the ECHR, called on the ECHR for action against the UK policy.

The ECHR responded to the CMEC’s concerns in its October, Frodl, decision, finding that, with few exceptions, any denial to prisoners of the right to vote violates EU law.

Adam Wagner, a human rights barrister at One Crown Office Row chambers, wrote on his blog: “The now-final decision in Frodl…effectively ruled that the disenfranchisement of prisoners could only happen on rare occasions: namely, where a prisoner was detained as a result of the abuse of a public position or a threat to undermine the rule of law or democratic foundations.”

The Daily Telegraph disclosed this week that the British Government, currently faced with a similar challenge in its courts, appears to have changed it’s approach and is instead focusing on how to deny the maximum number of prisoners the right to vote without breaking the law.

The government is now seeking denial of the voting right to individuals serving sentences of more than four years.  But even this approach may be illegal in the wake of Frodl.

David Davis, former Tory shadow home secretary, maintains that the decision was none of the European Court’s business.  Davis maintains that the issue had been decided long ago by parliament.

In a response to the ECHR’s decision, Davis noted that the Court “said in the judgment that one of the reasons they made this decision was because there had been no debate in Parliament.”  “Well, maybe they didn’t got back to 1867.  Maybe they didn’t realize there was a democracy here then, but that’s when it was debated and we made a decision,” he added.

Telegraph.co.uk reports that the British Government is expected to decide how to amend the law before a meeting of the Committee of Ministers of the Council of Europe in December.

For more information, please see:

BBC News – Senior Conservative Calls For Prison Vote Debate – 11.05.10

Deutsche Welle – Postcard from Europe: UK Prisoners to Get the Vote – 11.05.10

Telegraph – Jailed MPs Could Be Denied Vote After Latest European Ruling – 11.05.10