Nicaragua Canal Protested as a Threat to Human Rights

By Portia K. Skenandore-Wheelock
Impunity Watch Reporter, North America

NICARAGUA — A $50 billion, 172-mile canal is expected to be built by a Chinese firm across Nicaragua with the purpose of connecting the Caribbean Sea with the Pacific Ocean. The Panama Canal already accomplishes this but Nicaraguan officials say the canal is crucial to increasing global trade and the new canal can accommodate larger tankers, which the Panama Canal cannot, even with its current expansion. The proposed canal would be three times as long as the Panama Canal and twice as deep. The Nicaraguan government estimates that the revenues created by the project will be almost five times the country’s GDP and will pull more than 400,000 people out of poverty by 2018. The new canal would be an alternative to the Panama Canal, which is 102 years old and handles five percent of global maritime trade. The deal between Nicaragua and Wang Jing of HKND Group would give the firm consortium rights to operate the canal for 116 years. The company broke ground in 2014 but has made little progress since. There are suspicions that the firm may not have enough money to complete the project. There are also concerns that there may not be enough transport demand to support a second canal, especially one with numerous geographical barriers.

Nicaraguan farmers, environmentalists, and human rights groups are protesting construction of the canal. (Photo courtesy of the BBC)
Nicaraguan farmers, environmentalists, and human rights groups are protesting construction of the canal. (Photo courtesy of the BBC)

Nicaraguan farmers, environmentalists, and human rights groups are protesting construction of the canal. A coalition of farmers gathered 28,000 signatures in opposition to Law 840, which grants concession for the canal project. Both indigenous and peasant farmers are concerned the canal will ruin their crops, require evictions, and destroy the graveyards where their ancestors are buried. Rural residents like 39-year-old Francisca Ramirez are coming together to defend their rights, “I will not allow this area to be destroyed by a project which will only benefit a few, but will harm a vast number of people.”

The International Federation for Human Rights (FIDH) says the canal is a threat to people, forests, and to Cocibolca Lake, Central America’s main fresh water reserve. So far, up to 120,000 peasants have no place to relocate to and they were given insufficient compensation for being forced off their land. President of FIDH Dimitris Christopoulos said, “Respecting nature and the rights of rural communities is not a luxury. It’s a duty. These projects will have a dramatic impact on the environment and on human rights. It is unimaginable to sell off territory as such. The government must back out.” The report cites environmental problems with hydrocarbon pollution, salinity, and turbidity. The report also says the canal deal breaches Nicaragua’s constitution and is denying citizens their rights to property, adequate housing, food, and water.

For further information, please see:

Amnesty International – “We Have Hope, we Have Human Rights, we will win This Fight” – 16 October 2016

BBC – Nicaragua Canal Scheme ‘Must be Dropped’ – 14 October 2016

Humanosphere – Nicaragua Canal: Rights Groups Protest Project That may Have Already Failed – 17 October 2016

Sky News – Nicaragua Canal Poses ‘Unimaginable’ Threat to Human Rights – 14 October 2016

 

Iranian-American Father-Son Sentenced to 10 Years in Prison by Iranian Court

by Yesim Usluca
Impunity Watch Reporter, Middle East

TEHRAN, Iran — An Iranian court sentenced an Iranian-American and his father to ten years in prison and also fined them $4.8 million.

Father-son were sentenced to 10 years in prison and fined $4.8 million (Photo courtesy of Daily Mail)

Mr. Siamak Namazi, who is a businessman in his mid-40s, was arrested in October 2015 by Iran’s Islamic Revolutionary Guard Corps (“IRGC”) while visiting family in Tehran. In February 2016, the IRGC arrested his 80-year-old dual citizen father, Baquer Namazi, who is a former Iranian provincial governor and former UNICEF official.

Siamak and Baquer were each given a single court session lasting a few hours in duration, before the sentences were given. The court proceedings were kept in secrecy and details of the allegations against them have not been publicly released. They were not permitted to hire their own defense attorney due to an Iranian law which allows only government-approved lawyers to represent defendants in cases related to national security.

In a statement, Siamak’s brother, Mr. Babak Namazi, stated that the sentences are unjust. He indicated that his father has been “handed practically a death sentence.” Baquer Namazi’s wife indicated that he suffers from a serious heart condition, as well as other medical issues, which require special mediation.

Tehran prosecutor, Mr. Abbas Jafari Dolatabadi, stated that the men were sentenced to prison for spying for the U.S. and “cooperating with the U.S. government.” Mr. Javad Karimi Qudossi, a member of the security and foreign policy committee in Iran’s parliament stated that Siamak was actively “recruiting spies for America and inserting cultural, military and political spies inside the country.” Iranian officials have not clarified who is responsible for paying the $4.8 million fine. It did, however, indicate that the amount is what Siamak and Baquer had received from the U.S. “for their mission in Iran.”

These are the latest sentences against dual citizens directed by powerful Iranian judiciary and security forces following the U.S.-Iranian nuclear deal. Security officials have arrested dozens of artists, journalists and businessmen, including Iranians with dual U.S., European or Canadian citizenship, as part of a “crackdown” on “western infiltration.” The International Campaign for Human Rights in Iran (“Campaign”) stated that the country does not recognize dual citizenship, and that it routinely “harasses citizens and dual nationals with trumped up national security charges.” Since the country does not recognize dual nationality, detainees with dual citizenship are unable to obtain consular assistance.

The sentences have attracted international attention. The U.S. State Department’s deputy spokesman, Mr. Mark Toner, indicated that the father and son had been “unjustly detained” in Iran. He stated he was “deeply concerned” by the reports and called for their immediate release. On Tuesday, UNICEF called for the release of Baquer on “humanitarian grounds.”

For more information, please see:

Los Angeles Times—Iranian American father and son sentenced to 10 years in prison in Iran, report says—18 October 2016

CNN—American father and son sentenced to 10 years in Iranian prison—19 October 2016

Reuters—Iran sentences two U.S. citizens to 10 years in prison—18 October 2016

NBC News—Iran Sentences Iranian-American, His Father to 10 Years Each in Prison—18 October 2016

 

Brutal Death Reignites Movement Against Femicide

By Cintia Garcia

Impunity Watch Reporter, South America

Warning: this article contains graphic details

BUENOS AIRES, ARGENTINA—Thousands poured out to the streets of Argentina, wearing black, demanding an end to violence against women. The protestors called it “Black Wednesday”—a movement sparked by the brutal death of 16-year old Lucia Perez.

The death of Lucia Perez has reignited the
The death of Lucia Perez has reignited the “Ni Una Menos” movement in Argentina. (Photo Courtesy of BBC)

According to various news outlets, Lucia Perez was abducted by three men outside her High School in Mar del Plata. The men held Lucia against her will, drugged her with large amounts of cocaine and marijuana, gang raped her, penetrated her with a wooden pole, causing her internal organs to bleed, and from the pain she went into cardiac arrest. The men washed her, changed her clothes, and took her to a medical facility stating she had overdosed on drugs. Upon inspection by the medical staff, it was apparent she had been sexually assaulted—Lucia died immediately upon arrival.

Maria Isabel Sanchez, lead prosecutor, stated: “I know it’s not very professional to say this, but I am a mother and a woman and I have seen a thousand things in my career, but never anything equal to this litany of abhorrent acts.”

As a response to the gruesome death of Lucia, Argentina mobilized to change the culture of machismo prevalent throughout the nation. Protestors held signs, “Ni Una Menos” which translates to “Not one less.” Protestors called upon Argentines to strike for an hour, “In your office, school, hospital, law court, newsroom, shop, factory, r wherever you are working, stop for an hour to demand, ‘no more machista violence.’” In solidarity, other countries joined in the movement by protesting, including Chile, Uruguay, Mexico, Bolivia, and Paraguay.

The Ni Una Menos organization announced that, “one woman is killed every 30 hours in Argentina for being a woman.” Supreme Court Judge, Elena Highton de Nolasco, told the media: “cases of femicide are growing in number, they are becoming more violent, more perverse- we even had the news today that there have been 19 femicides in the last 18 days.”

For more information, please see:

The Guardian—Argentina’s Women Joined Across South America in Marches Against Violence—19 October 2016.

The Washington Post: How A Schoolgirl’s Brutal Rape and Murder United the Women of Argentina—19 October 2016.

BBC—Argentine Women Strike After Fatal Rape of Teenage—20 October 2016.

CNN—Women Protest Rape, Killing of Teenage Girl in Argentina—20 October 2016.

France Abolishes Sterilization Law for Transgender People

By Sarah Lafen

Impunity Watch Desk Reporter, Europe

PARIS, France — On Thursday, France passed legislation allowing transgender people to change their legal gender status without undergoing the process of sterilization.  The previous law required that the person wishing to legally change their gender provide proof that they had been surgically and irreversibly sterilized.  According to the group Transgender Europe, sterilization was historically necessary to prove that transgender people were serious about changing genders.  The UN has strongly condemned involuntary sterilization as a human rights violation.

Gay and transgender people in France have pressured the French government for years to change the law (Photo Courtesy of BBC)
Gay and transgender people in France have pressured the French government for years to change the law (Photo Courtesy of BBC)

Under the new law, transgender people in France will no longer have to provide proof of medical treatment when they are in the process of officially changing their gender.  The law will also allow emancipated minors to officially change their genders as well.

France is now one of a number of European countries to abolish the sterilization process for transgender people.  The activist group ILGA-Europe called the change “clear progress” that “another European country has dispensed with the shameful practice of sterilization.”  Sophie Aujean, a spokeswoman from ILGA-Europe, stated that “These are years of sparring that finally come to fruition” and that “There is no other population in the world that is asked to be sterilized apart from transgender.”

ILGA-Europe, however, notes that it is still unfortunate that transgender people in France must have a court legally recognize their gender change.  Other European countries including Denmark, Malta, Ireland, and Norway have all adopted laws that dispense with medical or judicial requirements of gender changes, relying on the principle of “self-determination.”  People in those countries simply have to inform authorities of their gender change.  Stephanie Nicot, head of the French LGBT Federation, admonished the fact that transgender people will still have to go through the court.  She stated that “We’re not offenders, and judges have more important things to do!”

2013 studies show that approximately two-dozen European nations still require sterilization, including Norway, Finland, the Netherlands, Luxembourg, Belgium and Switzerland.  In Britain, Spain, and Germany, a psychiatric diagnosis of gender dysphoria or transsexualism is required in order to legally change gender.

 

For more information, please see:

The Independent — France Scraps Obligatory Transgender Sterilisation Law — 18 October 2016

BBC — Transgender Rights: France Scraps Sterilisation in Status Law — 14 October 2016

Fox News — France Passes Legislation Scrapping Transgender Sterilization Law — 14 October 2016

The Verge — Transgender People no Longer Required to Undergo Sterilization in France — 14 October 2016

NBC — French Law Scraps Sterilization for Transgender People — 13 October 2016

IntLawGrrls: 70 Years Later: the Tenth International Humanitarian Law Dialogs in Nuremberg

“Let us leave here renewed in our devotion to justice – not just for the people of our own countries, but for the people of all countries.  Let us leave here refreshed in our determination to defend human rights, to protect human liberty, and to uphold human dignity wherever and whenever it is threatened.”– Commemoration of the 70th Anniversary of the Nuremberg Trials, U.S. Attorney General Loretta Lynch (Sept. 29, 2016)

On September 29-30, 2016, the Tenth International Humanitarian Law Dialogs convened in Nuremberg, Germany. Normally held at the Chautauqua Institution, this year’s special location was chosen to commemorate the 70th anniversary of the close of the Nuremberg trials, where the Allied Powers tried Nazi war criminals for atrocities committed during World War II. Intlawgrrls, the Whitney R. Harris World Law Institute at Washington University in St. Louis and New York University’s Center for Global Affairs are among the sponsors and long-time supporters of the IHL Dialogs, which gather prosecutors, jurists, and nongovernmental partners to discuss issues involving international justice that extend beyond the walls of any one court or tribunal.

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International Prosecutors at the IHL Dialogs in Nuremberg, with U.S. Attorney General Loretta Lynch

This year’s IHL Dialogs opened on Thursday, September 28 with an inspiring program in Courtroom 600, the small, iconic courtroom where 22 defendants were tried at the International Military Tribunal. The Keynote Speakers included ICC Chief Prosecutor Fatou Bensouda, who spoke powerfully about the shared responsibility that people and States around the world have to address atrocity crimes and the arc of justice’s continual bend towards accountability, and U.S. Attorney General Loretta Lynch, who gave a beautiful, reverent speech about the potential power of fairly-applied justice and the rule of law, stating that by seeking justice rather than vengeance, Nuremberg participants showed that “war does not have to be the final arbiter of human affairs.”

“Certainly the onslaught of evidence of man’s inhumanity to man can leave one dispirited and discouraged.  But we cannot – and we should not – give in to despair, because the legacy of Nuremberg is that when we are called to confront the evil that walks this earth, we turn to the law.  When we need to mete out justice to those who have reaped the whirlwind and revel in the chaos resulting therefrom, we turn to the law.  And through the law we give voice to those shattered souls who seek redress, and we provide a reckoning to those who trade in fear and trembling.  Let us never forget that within these walls, evil was held to account and humanity prevailed.” – Commemoration of the 70th Anniversary of the Nuremberg Trials,U.S. Attorney General Loretta Lynch (Sept. 29, 2016)

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Professor Jennifer Trahan with Sierra Leone Special Court Prosecutor David Crane

On Friday, September 30, the day’s discussions centered on the 2016 IHL Dialogs’ theme, “A Lasting Legacy for the Future.” The Honorable Joseph Kamara(Attorney General of Sierra Leone and former Deputy Prosecutor of the Special Court for Sierra Leone) cited SCSL cases as examples of the intricacies in making prosecutorial decisions on how to charge crimes of sexual violence to accurately capture victims’ experiences, and gave an inspiring account of the mutually beneficial relationship that national and international courts can have as post-conflict states work to hold perpetrators accountable, create a factual record of atrocities, internalize past events and seek justice on behalf of victims. Professor John Q. Barrettprovided a perceptive historical analysis of the Nuremberg trials’ “shining moment of consensus” and explained how their setting in Germany, where lawyers were confronted first-hand with the war’s remnants and casualties, added to participants’ understanding of the trials’ necessity and historic importance. In his Keynote Address, Ambassador Hans Corell drew on lessons from his distinguished career in international diplomacy to highlight the global cooperation that will be necessary in addressing future humanitarian crises, especially in assisting populations that will be displaced by climate change in the coming decades. He challenged attendees to continue to evaluate the mixed record of compliance with the Nuremberg principles, including acts of aggression committed in modern times.

 

director-leila-sadat-with-iccs-sam-shoamanesh-chief-prosecutor-fatou-bensouda-and-deputy-prosecutor-james-stewart

Professor Leila Sadat with ICC’s Sam Shoamanesh, Chief Prosecutor Fatou Bensouda, and Deputy Prosecutor James Stewart in Courtroom 600 on the occasion of the 70th anniversary of the judgments at Nuremburg.

The afternoon session of the Dialogs included a roundtable where Prosecutors discussed recent cases and addressed overarching practical and theoretical challenges facing their respective courts. ICC Chief Prosecutor Fatou Bensouda explained the ICC’s limited potential role in the Syria conflict, noting that any ICC jurisdiction would likely be narrow and based on personal jurisdiction over foreign nationals involved in the conflict (if any have the requisite level of responsibility for atrocities appropriate for ICC prosecution). ICTY Prosecutor Serge Brammertz noted that the breadth and depth of the Syria conflict might make it a better candidate for a locally-owned judicial process, but that it would be hard to find individuals perceived as neutral to run any effort. The Prosecutors also discussed important observations, such as how sexual violence and forced marriage cases were prosecuted differently but effectively in response to the different statutes and caselaw governing the various tribunals. Many Prosecutors, including Brenda Hollis of the Special Court for Sierra Leone and ICC Chief Prosecutor Fatou Bensouda, noted the need for greater transparency and outreach to ensure that societies understand courts’ mandates, hold realistic expectations of their roles and cooperate with prosecutions. Following the roundtable, German professors and historians provided an enlightening historical and cultural perspective on the evolution of Germans’ support of the Nuremberg trials throughout the twentieth century. Lastly, Professor William Schabasand Ambassador David Scheffer supplied a nuanced exchange of impressions about the trials’ legacy to wrap up the day’s discussions. The Dialogs officially concluded with the Issuance of the Nuremberg Declaration, composed and signed by all the international Prosecutors. Professors Sadat and Trahan are pleased that they, once again, could represent their respective schools and participate in the Dialogs. The Dialogs will return to Chautauqua, New York for their eleventh year in fall 2017.