By Ricky Zamora
Impunity Watch Reporter, South America
SÃO PAULO, Brazil – Gulnara Shahinian, UN Special Rapporteur on contemporary forms of slavery has called Brazil to strengthen efforts to close legal loopholes which effectively undermine incentives to discontinue the practice of slavery or forced labor in the nation’s rural areas.
During a recent visit to Brazil, Shahinian found that while the country has made efforts to abolish the practice of slavery or forced labor, the laws contain legal loopholes which some violators exploit, effectively allowing them to escapes criminal prosecution.
While civil penalties have been enforced, Shahinian found that “criminal penalties are more difficult to carry out due to jurisdictional conflicts and delays in the judicial system resulting in the lapsing of the statute of limitations.” She also noted that “although forced labor is considered a serious crime, first-time offenders might only face house arrest or community service.” Any incentive to discontinue such practices is effectively void.
During her visit, Shahinian met with many victims of forced labor in both rural and urban areas. In Brazil’s rural areas, forced labor is usually practiced in the cattle ranching and sugar can industries. There, the victims are typically males over the age of 15. In urban areas, on the other hand, forced labor is usually found in the garment industry and the victims include both males and females including many under the age of 15.
Shahinian reports that regardless of whether the forced labor occurs in rural or urban areas, the victims all endure the same working and living conditions and threats. Victims are forced to work long hours, with little or no pay, and are threatened with or subjected to physical, psychological, and sometimes sexual violence.
While in Brazil, the Rapporteur also met and held talks with local Government authorities, international organizations, and private sector and non-governmental organizations. She expressed her concerns over the effects of the legal loopholes and urged for the adoption of schemes that would counteract these loopholes. The largest and most basic concern is that those most vulnerable to forced labor can enjoy basic rights such as the right to food, water, and education.
Shahinian emphasized that “the strongest message that the Brazilian Government can send to Brazilians to show that the crime of slavery will not go unpunished is to pass the constitutional amendment which would allow for the expropriation of land where forced labor is used.” She added that the passage of such an amendment “will show that Brazil is indeed strongly committed to fighting slavery.”
Protests Against Israeli Flotilla Raids in New York, Paris, and London (Photo Courtesy of Al-Ahram Weekly)
By Warren Popp
Impunity Watch Reporter, Middle East
International condemnation has grown in the days following the raid on 31 May of a flotilla of ships carrying humanitarian aid headed toward Gaza, which Israeli forces commandeered in international waters. During the incident, seven Israeli soldiers were severely injured when activists on the ship allegedly attacked Israeli commandos with knives, Molotov cocktails, clubs, iron bars, and even pistols from the injured Israeli soldiers as they descended upon the ship, and nine activists were allegedly shot and killed by Israeli forces either as they descended and/or from commandos in the helicopter above and in nearby boats.
The United Nations Security Council acted in emergency session and called for independent investigation into the incident. The Human Rights Council also took action in a special sitting call for by Arab and Islamic states and passed a resolution that sets up an independent investigation and calls for an end to Israel’s blockade of Gaza.
While Israel has rejected a demand for any international investigation, they reportedly embraced a U.S. proposal on Thursday for an Israeli inquiry that would include the participation of outside observers.
The UN Secretary General, Ban Ki-Moon, as well as the UN High Commissioner for Human Rights and other World leaders have joined countries throughout the World in condemning Israeli action in the incident and demanding that the blockade of Gaza be lifted. Mr. Ban noted that this tragedy highlights the underlying problem of the siege of Gaza, stating that the siege was “counter-productive, unsustainable, and wrong.”
While the U.S. took an active role in preventing any direct criticism of Israel in the language of the Security Council Resolution, there are also signs that the incident may be altering the U.S. position towards the U.S. support of the Gaza blockade. The New York Times reports that according to U.S. officials, the international pressure from the incident “create[s] a new opportunity to push for increased engagement with the Palestinian Authority and a less harsh policy toward Gaza”; that the Administration considers Israel’s blockade of Gaza to be untenable; and that they will press for alternative approach’s that will ensure Israel’s security while still allowing more supplies into the impoverished Palestinian area.
Mourning the death of the flotilla activists in Turkey (Photo Courtesy of the AP)
Turkey immediately responded to the incident by recalling its ambassador to Israel and canceling joint military exercises. Turkey’s President stated, “Turkey will never forgive Israel for the killing of Turkish citizens.” However, since the release of nearly all of the detained activists, tensions between Israel and Turkey have eased: The Turkish foreign minister said, “It was time that calm replaces anger.”
Due to diplomatic and political considerations, Israel decided not to prosecute dozens of the detained activists, including many who Israel claimed were linked to terrorist groups, including Al-Qaeda, and many who allegedly attacked the Israeli commandos when they descended on the ships.
According to the Associated Press, Israeli Cabinet Minister Isaac Herzog said the release of the activists was an effort, “to take full control of this crisis management and move forward.”
The incident also led to other notable responses by states, including: South Africa temporarily recalling its Ambassador to Israel; Nicaragua severing all diplomatic ties with Israel; Sweden summoning Israel’s ambassador to demand an explanation of the incident; Great Britain calling for an end to the to the blockade; and perhaps most notable the response by Egypt. Egypt, which kept its border crossing with Gaza closed even during the 2008 Israeli invasion of Gaza, responded to the latest incident by at least temporarily opening the border for humanitarian purposes.
The Israeli foreign ministry spokesman, Yigal Palmor has responded to some of the criticism by stating, “Those who criticize Israel would be better advised to turn their criticism against the terror-supporting rioters from the flotilla, who have nothing to do with humaneness.”
Israel appears to be focusing on its own allegations that the Turkish charity participating in the flotilla mission, the Foundation for Human Rights and Freedoms and Humanitarian Relief (IHH), to terrorist groups. This characterization is in especially stark contrast to the stated adherence to “the principles of nonviolence and nonviolent resistance in word and deed at all times” that is a stated principle and practice of the Free Gaza Movement, the principle organizer of the flotilla, as well as to the professed peaceful and humanitarian nature of the flotilla’s mission in general.
Israeli Navy personnel board one of the ships of the flotilla (Photo Courtesy of Getty Images)
Israel Remains Committed to Defending its Actions during the Flotilla Incident
Israeli Prime Minister Benjamin Netanyahu accused world leaders for holding Israel to a double standard in regards to Israel’s actions in the interception of a flotilla of ships on May 31 that was purportedly on a humanitarian mission, stating, “Once again, Israel faces hypocrisy and a biased rush to judgment.”
Netanyahu and other Israeli officials have repeatedly justified the actions by the Israeli commandos as acts of self-defense, have claimed that the interception of the flotilla in international waters was permitted by international law, and have stated that it is vital for Israel’s security that they continue to enforce the Gaza blockade.
Israel claims that the lives of the Israeli commandos who descended upon the ships were immediately threatened by passengers on the ships that were armed with knives, Molotov cocktails, clubs, and iron bars, and that they were further threatened as the activists took pistols from the injured soldiers, and even threw one injured soldier down to a lower deck of the ship. Israel claims that the soldiers used force only after their lives were clearly threatened as acts of self-defense.
Netanyahu claimed, “The international community cannot afford an Iranian port on the Mediterranean … The same countries that are criticising us today, should know that they could be targeted tomorrow.” He further states, “Opening a naval route to Gaza will present enormous danger to the security of our citizens”.
Israel claims that if any significant amount of cement and steel were allowed into Gaza without restrictions it would end up in missiles and other weapons that would be used against Israel. (It should be noted that Israel now claims that cement was not found on the ship as initially alleged; however, the Free Gaza ship that is currently in route to Gaza is purported to have 550 tons of concrete.)
However, it appears that Netanyahu is willing to consider easing the naval blockade on Gaza, as well as other creative solutions for monitoring the goods that are allowed to enter the Hamas-ruled territory. The New York Times reported that Netanyahu proposed to Tony Blair, the international envoy of the ‘quartet of Middle East peacemakers’, that an international naval force inspect future aid shipments bound for Gaza.
Amos Gilad, a senior defense official, reportedly said in an interview that in Gaza, “we only have bad solutions, worse solutions and worst solutions”: “Hamas is a terrorist organization sworn to Israel’s destruction. We, on the contrary, are facilitating them to bring in all kinds of food, materials; they are even exporting strawberries and flowers.”
The Most Recent Developments in the Flotilla Incident:
The Hamas minister of social affairs, Ahmad al-Kurd, accused Israel of not delivering all of the supplies from the seized flotilla, including batteries for wheelchairs and cement, and has said that he won’t accept the aid from the flotilla until Israel provides everything that was confiscated and all detainees were released.
Nobel Peace Laureate Mairead Maguire (second from left) aboard the MV Rachel Corrie (Photo Courtesy of AFP)
Another ship from the Fee Gaza movement, the MV Rachel Corrie, which was unable to join the ships in most recent flotilla due to mechanical problems, has been boarded without incident by Israeli forces.
Israeli Prime Minister Netanyahu quickly distinguished the latest incident between the boat filled with Irish and Malaysian activists of the Free Gaza Movement and the Turkish-sponsored activists that was intercepted May 31 in an incident that left nine dead and scores wounded: “The different outcome we saw today underscores the difference between peace activists who we disagree with but respect their right to express their different opinion and flotilla participants who were violent extremist supporters of terrorists.”
In response, the Free Gaza Movement said, “we’d like to remind Mr. Netanyahu that the only hate evidenced on board all six boats on Monday morning came from the Israeli attackers.”
By Tristan Simoneau
Impunity Watch Reporter, Europe
KAMPALA, Uganda – On June 1, 2010, Belgium, Denmark, and Finland signed agreements with the International Criminal Court (ICC) to enforce tribunal judges sentences of imprisonment. The signing ceremony was attended by the Ambassador of Belgium, the Under-Secretary for legal affairs in the Danish Foreign Ministry, Ambassador of the Kingdom of Denmark and the Under-Secretary for Legal Affairs in the Danish Foreign Ministry.
Photo: The ICC President with representatives of Belgium, Denmark, and Finland [Source: AP]
These agreements raise the number of countries that are willing to detain people convicted by the ICC to five after Austria and the United Kingdom signed similar agreements in 2005 and 2007 respectively. During the signing ceremony the President of the ICC, Judge San-Hyun Song, stated that “having sufficient options in place to ensure the enforcement of judicially ordered sentences is an important element in the overall credibility of the judicial process at the ICC.”
The Review Conference of the Rome Statute of the International Criminal Court (ICC) is ongoing in Kampala, Uganda from 31 May to 11 June. States that are currently parties to the ICC Rome Statute (ICC’s founding treaty), as well as observer states, international organizations, and NGOs are meeting to discuss amendments to the Statute as well as its impact to date. Sentences of imprisonment, in accordance with Chapter X of the Rome Statute, shall be enforced by States which have declared to the Court their willingness to accept sentenced persons.
The ICC may enter into bilateral arrangements with States to regulate the acceptance of persons sentenced by the Court. According to the Statute, in deciding in which of the consenting States a person should serve its sentence, the ICC takes into consideration circumstances such as the application of standards governing the treatment of prisoners and the views and nationality of the sentenced person. When the ICC has made a decision it notifies the State with information regarding the prisoner’s nationality, his or her medical status, the sentence and the final judgment. The prisoner is then delivered to the territory of the State.
The ICC is the first permanent, treaty based, international criminal court. The ICC is based in The Hague in the Netherlands tries people accused of the most serious international offences involving crimes against humanity such as genocide. Currently, investigations are ongoing in five nations including Uganda, the Democratic Republic of the Congo, the Central African Republic, Sudan and Kenya. Four suspects are currently in the court’s custody while two trials are underway before the ICC Trial Chambers.
By Sovereign Hager
Impunity Watch, Managing Editor-News
PORT MORESBY, Papua New Guinea- A cholera outbreak, which started in August of 2009 appears to be getting worse. There have been over 600 cases reported since August and reports of the disease are no longer only appearing in rural areas. There have been reports of the disease in the capital city of Port Moresby.
The government declared a public health emergency in August after there were reports that public funds to fight the disease were “dried up.” The spread of the disease to urban areas has been linked to sanitation problems.
A health expert told Radio News Australia that in “the urban areas you’ve got a lot of settlement areas, low income settlement areas, and also enclaves of squatter settlements and these are generally not well serviced with good quality water and sanitation standards.”
When asked about government preparedness for such an outbreak, the government stressed that Papua New Guinea has “very limited resources within its health care sector . . . they generally have a high burden of health related issues, things like malaria, TB, HIV Aids etc . . . when diseases like this come along, they really have to divert resources from those areas to deal.”
Government officials are calling for multi-sector collaboration to combat the disease aggressively.
KINSHASA, Democratic Republic of Congo– Floribert Chebeya, a prominent Congolese human rights activist, was found dead in his car, in the Mont Ngafula area of Kinshasa, on Tuesday. He was forty seven. Chebeya sent a text message to his wife stating that he was at police headquarters for a meeting he had scheduled with the national police chief, John Numbi, but they had “not been able to meet.” His driver, Fidele Bazana, is still missing.
Chebeya had written to the police chief regarding the improvement of detention conditions in prisons and had received a letter acknowledging his concerns. On June 1st, the police called Chebeya to invite him to meet with Numbi. Chebeya left his office at 5 p.m. to attend the meeting, called his wife to let her know he was on his way and sent the text message to say they hadn’t been able to meet at 8 p.m. After 9 p.m. all communication from Chebeya ceased. The scheduled meeting never occurred, according to the police and members of Chebeya’s organization, the Voice of Voicelessness.
Chebeya founded the Voice of the Voiceless in 1983. The organization was based in Kinshasa and was one of the most renowned human rights organizations in the Democratic Republic of Congo (DRC). Chebeya fought against illegal arrest, unjustified detention and corruption. He had been subject to threats, surveillance, and police abuse for over twenty years because of the radical opinion he held. The DRC has been preparing to celebrate 50 years of independence from Belgium and though Cheyeba received an invitation to festivities that were being held by Belgian king, Albert II, he refused to attend. He denounced the celebration, saying that “this was not a time for parades but an opportunity to discuss the social ills still facing the country,” according to Thomas Fessy for BBC News.
A senior UN investigator who spoke to BBC believes that the circumstances surrounding Chebeya’s death, “strongly suggest official responsibility.” On Thursday, members of Chebeya’s family were allowed access to his body at the main morgue in Kinshasa. They were only allowed to see his face because the rest of his body was covered by a sheet that they were not allowed to remove, said Fessy. Dolly Ibefo, one of Chebeya’s collegues from the Voice of Voicelessness, said that when he viewed the body, he noticed blood in Chebeya’s ears, nose and mouth. Anneke Van Woudenberg, senior Africa researcher at Human Rights Watch, claims that. “the Chebeya family’s very limited access to his body and conflicting statements about the cause of death raise serious concerns about what really happened. These irregularities indicate there may already be an attempt to cover up the truth.”
Her concerns regarding this case are not unfounded because this isn’t the first time a human rights activist or journalist has been murdered for his opinion. In November of 2005, journalist Franck Ngyke and his wife, Helene Mpaka, were murdered outside their home in Kinshasa. On July 31, 2005, human rights activist Pascal Kabungulu Kimembi, was shot and killed in his home in Bukavu, in eastern Congo. In June 2007 and November 2008, respectively, two radio journalists from Radio Okapi, Serge Maheshe and Didace Namujimbo were also killed in Bukavu.
Organizations like Human Rights Watch and Amnesty International, have been joined by the United Nations, the European Union and France in investigating Chebeya’s death to insure that the investigation and trial of his murder is not handled in the same way as it was in each of these killings. The government of the DRC has not officially responded to Chebeya’s death, but has called for an inquiry into it.
