France Calls on Britain to ‘Play its Part’ in Refugee Crisis

October 1, 2016

By Sarah Lafen

Impunity Watch Desk Reporter, Europe

PARIS, France — French President Francois Hollande has made clear his “determination” to maintain the UK’s assistance in the refugee crisis, as the Calais refugee camp is set to be shut down in the coming months. Hollande emphasizes that despite Britain’s decision to leave the European Union, they are not relieved of responsibility in the migrant refugee crisis in Europe. Rather, Holland considers Britain’s obligations to this issue increased in accordance with their decision to leave the EU.

French President Francois Hollande and Interior Minister Bernard Cazeneuve meet officers of the French Gendarmerie in Calais (Photo Courtesy of The Telegraph)

Hollande explains that the objectives of France are clear in that they plan to close the camp in order to “guarantee the security of people in Calais, to maintain public order, and to assure proper conditions for the migrants.” In addition to the interests of the people of Calais, the closing of the camp is expected to solidify the “firmness’ of the French-British border. It is Hollande’s plan to disperse the migrants currently residing at the Calais jungle to other camps across France.

On his first trip to the Calais jungle since his election in 2012, Hollande insisted that border control in the area is “watertight,” despite evidence that suggest up to 200 migrants per week are being smuggled through Calais each week.

Britain has contributed an estimated £85 million towards reinforcement of security surrounding the Calais jungle camp. In addition, Britain is in the process of funding the construction of a concrete wall to be built along the port in Calais in an effort to prevent migrants from crossing the English Channel.

Charlie Elphicke, Tory MP for Dover, believes that the French government needs to ensure the camp is actually dismantled as Hollande claims it will be. Elphicke states that “Britain has already paid millions for walls and fences in Calais. Yet the French keep asking for more of our money.” He believes the taxpayers’ money should be spent on increased security at the British port of Dover, and calls on Hollande to permanently return the migrants to their home countries.

The British Home Office responded to some of Hollande’s remarks, vowing to resettle “vulnerable” children.

For more information, please see:

Belfast Telegraph — MPs Hit Back at French President Over Criticism of UK Stance on Calais Migrants — 26 September 2016

Chicago Tribune — Hollande Says Britain Must Still Help with Migrants Post-Brexit — 26 September 2016

Evening Standard –Britain Must Play Part in Looking After Calais Jungle Migrants, Francois Hollande Says — 26 September 2016

The Telegraph — Hollande Sparks Row with UK by Saying it is Not Doing Enough to Help Calais Migrants — 26 September 2016

Ugandan Police Stop Gay Pride Parade

September 30, 2016

By Samantha Netzband

Impunity Watch, Africa Desk Reporter

KAMPALA, Uganda– Police stopped gay pride marches just outside the capital of Kampala on Saturday September 24th. This was after a statement on the 22nd from Simon Lokodo, minister of Uganda’s ethics and integrity cabinet, who told organizers they would be prosecuted if they marched.

Activists marching in August 2015. (Photo Courtesy of BBC)

Gay rights activist Frank Mugisha said more than 100 LGBTQ participants tried to participate in the activism activities. Before activists could march, they were herded onto buses by police and bused back to Kampala. Homosexuality is currently illegal in Uganda and Lokodo is known for his harsh anti-LGBTQ stance. In the past, the march has been allowed to proceed without government intervention.

The crackdown on the gay pride march comes after a lawmaker tried to push through a harsher law on homosexuality. The law would have allowed a sentence of death as punishment for homosexual acts. This law was eventually determined to be unconstitutional by the courts in Uganda.

Despite the triumph in the courts the climate in Uganda has been similar to the blockade of the gay pride march. A few months ago Lokodo authorized a violent raid at a pride celebration. LGBTQ citizens are also continually outed, threatened, and killed for their sexual orientation.

For more information, please see:

BBC – Ugandan police block gay pride parade – 24 September 2016

Citizen TV – Ugandan police stop gay pride parade – 24 September 2016

Fox News – Uganda: Police stop gay pride parade deemed illegal – 24 September 2016

Out – Uganda Official Orders Pride March Organizers to Cancel Parade – 22 September 2016

Kuwaiti Attorney Files Suit Challenging DNA Collection Law

September 29, 2016

by Yesim Usluca
Impunity Watch Reporter, Middle East

KUWAIT CITY, Kuwait — Kuwaiti attorney, Adel Abdulhadi, filed a challenge against the constitutionality of the country’s DNA collection law.

Kuwaiti attorney challenges constitutionality of DNA collection law (Photo courtesy of Thomson Reuters)

In his filing, Mr. Abdulhadi argued that the DNA collection law violates “fundamental human rights and personal freedoms protected and sacred by the Kuwait constitution.” He stated that “compelling every citizen, resident and visitor to submit a DNA sample to the government is similar to forcing house searches without a warrant.” He asserted that the law means “every single person is now considered a suspect until proven innocent.” Mr. Abdulhadi further stated that the government has already started collecting DNA samples from individuals they suspect falsely claimed Kuwaiti nationality.

The DNA collection law, which was passed in July 2015, is expected to go into effect in November 2016. It is the first law of its kind around the world, and would require all Kuwait citizens, expatriates and temporary visitors to provide DNA samples for the government’s database. Furthermore, all Kuwait citizens applying for passport renewals will be required to submit DNA samples. Kuwait officials stated that the law is a security and counterterrorism measure in response to the suicide bombing at a mosque in Kuwait which killed 27 and injured hundreds of others. Officials further indicated that the law will help facilitate solving crime and terrorism cases. Mr. Abdulhadi criticized these explanations by stating “terrorism is in the mindset of the person, and you can’t minimize this by restricting the privacy of people.”

The DNA samples of over 1.3 million citizens, and 2.9 million expatriates and temporary visitors from other countries would be collected through saliva swabs or a few drops of blood. The samples would then be entered into a database and stored in a laboratory at the General Department of Criminal Evidence. Anyone who refuses to provide a sample could be fined $33,000 or sentenced to one year in prison. Furthermore, any individual who is caught faking samples could be sentenced to up to seven years in jail.

Several international organizations urged the Kuwait government to change or amend the law before it goes into effect. The European Society of Human Genetics declared that the law is a “serious assault on the right to privacy of individuals.” The Society further noted that the law will most likely result in Kuwait’s isolation from scientific research. The United Nations’ Human Rights Committee as well as the Human Rights Watch stated that the law “imposes unnecessary and disproportionate restrictions on the right to privacy.” In addition, scientists and security experts criticized the law as a “huge attack on genetic privacy,” and voiced their concerns over the law while urging Kuwait to amend it.

For more information, please see:

Zawya (Thomsan Reuters)—Lawyer files challenge against constitutionality of the DNA law—22 September 2016

International Business Times—Kuwait lawyer challenges constitutionality of world’s first controversial mandatory DNA collection law—23 September 2016

Middle East Monitor—Kuwaiti lawyers challenge forced DNA sampling law—23 September 2016

New Scientist—Kuwait lawyers fight world’s first mandatory DNA sampling law—22 September 2016

ICTJ: World Report September 2016 – Transitional Justice News and Analysis

September 29, 2016

ICTJ World Report
September 2016

In Focus

ICTJ Welcomes the Signing of Colombia’s Historic Peace AgreementThe International Center for Transitional Justice (ICTJ) welcomes the historic peace agreement signed yesterday between the Colombian government and the Revolutionary Armed Forces of Colombia (FARC) – an essential step toward building lasting peace in the country.

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World Report

AFRICAIn the Democratic Republic of Congo at least 17 people were killed in violence in Kinshasa, as the political opposition escalated its calls for President Joseph Kabila to step down. In Kenya human rights organizations called on the country to investigate extrajudicial killings and disappearances. The country’s director of prosecutions snubbed journalists who protested against violent attacks and harassment in the line of duty, including the recent death of reporter Joseph Masha after suspected food poisoning. In Uganda, pre-trial hearings began in the case of former LRA commander Thomas Kwoyelo commenced. Kwoyelo’s lawyers questioned the legality of the presiding judge on the grounds that she is not a judge in the International Crimes Division of High Court, but the Judge overruled the objection. The court further ruled that the participation of victims at the trial will be in accordance with the Rome Statute and ICC Rules of Procedure and Evidence. UN human rights experts say that women have suffered more violence than anyone else in South Sudan. The UN has also launched a 19-day mission regarding the human rights situation in South Sudan. In Zimbabwe opposition political partiesvowed to defy President Robert Mugabe’s threats against demonstrations.

AMERICASIn Colombia, the government and FARC rebels agreed to a historic peace deal, bringing an end to 52 years of conflict. The agreement will be signed in late September and voted on in a national plebiscite on October 2. The International Criminal Court welcomed Colombia’s peace deal, but called for “genuine” prosecution of perpetrators of crimes against humanity and war crimes. The FARC also began demobilizing child soldiers this month. In Argentina the ex-head of the air force was sentencedto 25 years in prison for the abduction and disappearance of a married couple of young activists during the country’s military dictatorship. In Guatemala, President Jimmy Morales’ family is under investigationover corruption charges, an issue the country has struggled with in the past and sunk Morales’ predecessor. In Peru, a court sentenced 16 former soldiers for the 1985 massacre of 69 people in Ayacucho during the armed conflict with the Shining Path. In Mexico, the chief of criminal investigations for the country’s attorney general resigned amid an internal affairs inquiry into his office’s handling of the case of 43 college students who vanished nearly two years ago. International human rights officials are demanding an investigation into the brutal sexual assaults of 11 Mexican women during protests a decade ago — an inquiry that would take aim at President Enrique Peña Nieto, who was the governor in charge at the time of the attacks.

ASIANepali attorney general said that there would be no amnesty granted for crimes committed duringNepal’s decade-long conflict, which are considered serious by international law. Nepal Army Colonel Kumar Lama was acquitted by a British court in what victims and rights groups maintain is a temporary setback in the push for justice. Myanmar is scrapping its ‘Midnight Inspections’ law, which forced people to report overnight guests and was often used by authorities to barge into houses and target activists. In the Philippines president Rodrigo Duterte was accused of ordering members of a death squad to kill criminal and opponents in a senate committee hearing. Since Duterte became president, 1,900 have died in extrajudicial killings. Sri Lanka has vowed to cooperate with UN human rights mechanisms, deeming them helpful for institutional reform. Tamil human rights activists, however,delivered a letter highlighting their worries about Sri Lanka’s transitional justice process to UN Secretary-General Ban Ki-Moon.

EUROPEAn Ohio man was arrested after authorities say he was part of a Serbian volunteer army company that participated in crimes in Bosnia. The Constitutional Court in the country’s Serb-dominated entity Republika Srpska ruled that a referendum on the Day of Republika Srpska could proceed. The referendum is designed to challenge last year’s ruling that the holiday is unconstitutional on the grounds that it contributed to the outbreak of war in 1992. In Greece, Prime Minister Alexis Tsipraspledged to do “whatever is necessary” – including taking legal action – to get Germany to pay damages for the wartime atrocities of Nazi troops. Germany has dictated tough austerity terms in return for Greece’s three European bailouts, and maintains that it settled reparations with Greece in 1960. InPoland, the conservative government says anyone who uses language that implies Polish responsibility for Nazi German atrocities will face jail or a fine.

MENAIn Tunisia, the head of the Anti-Corruption Commission reported that almost $1 billion has been drained from the state budget, calling the problem an “epidemic”. Top U.S. and Russian diplomats, along with more than a dozen of their Arab and European counterparts, met in New York on September 20 but left Syria no closer to peace. The same day of the meeting, an aid convoy was attacked, killing 20 civilians. U.N. investigators said they found it increasingly difficult to interview newly arrived Syrian refugees in Europe and urged countries to allow access to them to help document suspected war crimes. Lebanon’s national dialogue sessions, which were intended to resolve a number of deadlocks including the presidency, were suspended over a lack of progress. On the 34th anniversary of the Sabra and Shatila massacre, a march was organized in Beirut in remembrance of the victims of the massacre of thousands of civilians by militias allied with Israel in the Palestinian refugee camps of Sabra and Shatila. In Yemen, calls for an independent investigation into alleged breaches of humanitarian law escalated when the Dutch government requested an inquiry at a meeting of the UN human rights council in Geneva. In Egypt, parliament ended a legislative year without passing the transitional justice law, or the unified media law and the local municipality election law, despite constitutional obligation.The country also froze the assets of five prominent human rights defenders as part of an ongoing crackdown against the government’s critics.

Publications

Media and Transitional Justice: A Dream of Symbiosis in a Troubled Relationship

In transitional contexts, reporting does not simply present the facts, but instead shapes the parameters for interpreting divisive political issues. Coverage in such polarized contexts can mitigate or obscure the substance of transitional justice efforts to establish what happened, who the victims were, and who was responsible for the violations.

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The Case for Action on Transitional Justice and Displacement

As the refugee crisis deepens, does action on transitional justice issues have to wait for peace? A new paper explores what sort of consultation and documentation work can be done now, while conflict is ongoing, to shape outcomes moving forward.

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