Business Insider: Maps show how ethnic cleansing has become a weapon in Syria’s civil war

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Between refugees and internally displaced persons (IDPs), more than half of the Syrian population has left their homes since the war began in 2011. To understand why this has happened and what can be done to reverse it, one must examine the country’s demographics in detail.

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The Washington Institute

A population shortfall

Syria currently has around 16 million residents — a far cry from the 2010 UN projection that the population would reach 22.6 million by the end of 2015. The birth deficit and excess mortality (violent and natural) have reduced the natural population growth by half since 2011. Even if refugees are added to the current population figure, the total would be only 21.3 million, or 1.3 million less than the prewar projection.

The Office of the UN High Commissioner for Refugees (UNHCR) has registered 4.2 million Syrians thus far, but that figure undervalues the actual number of refugees by at least 20%. Some refugees refuse to register for fear of being arrested and taken back to Syria (as is happening in Lebanon), while many wealthy refugees do not see the point of registering. So a more realistic estimate of total refugees is 5.3 million.

That number is expected to increase sharply.

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The Washington Institute

In Aleppo province alone, escalating hostilities have spurred another 200,000 people to leave their homes in the past two months. The Russian offensive and the lack of short-term hope for peace have convinced many living in relatively calm areas to leave as well, and more may follow suit if the recent German-led plan to welcome more refugees is implemented.

Areas of control

Although it is difficult to give an exact number for IDPs, the available data suggests that 6.5 million Syrians have fled violent areas for safer parts of the country. This includes about 2 million who have fled to the current government-controlled zone from areas controlled by other factions, as well as millions of others who fled one regime-controlled area for another due to intense fighting.

The areas held by rebels (the northwest, the south, and other small pockets such as Ghouta) have lost the most people because they are the least secure — Russian and regime airstrikes impede normal life there, and the presence of numerous different rebel factions creates persistent insecurity. The area held by the self-styled Islamic State (IS) seems safer, in part because it has a central authority.

Although religious minorities and secular Sunnis fled Raqqa and Deir al-Zour, they were replaced by foreign jihadists and Syrians displaced from Aleppo. In general, people tend to seek refuge where they have relatives, and where there is no fighting; the identity of the faction that controls the area does not necessarily matter to them as much.

The Kurdish area attracts displaced Kurds but few Arabs — no surprise given that the faction in control, the Democratic Union Party (PYD), aims to make the area ethnically homogeneous.

Mainstream media reports often highlight the fact that the Syrian army controls less than 17% of the country, and IS over 50%.

Yet these seemingly shocking figures do not factor in Syria’s geography — namely that 47% of the country is sparsely inhabited steppes. Of course, extending control over some of the steppes may hold strategic interest for IS; Palmyra is a traffic hub with important gas and oil resources, for example, and it borders Iraq and Jordan. In any case, the Assad regime controls the largest share of Syria’s residential areas, and also the most populated area.

Around 10.1 million inhabitants live in the government zone, or 63% of the total resident population. The areas controlled by the other three main factions (Kurds, IS, and rebels) are roughly equal, with about 2 million each. In short, the regime has gone from controlling about 20 million Syrians prewar to about 10 million now. 

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The Washington Institute

Local ethnic cleansing

The large-scale population movements have not been a simple byproduct of war. Rather, they represent conscious strategies of ethnic cleansing by each faction.

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The Washington Institute

To be sure, the ethno-sectarian composition of the country as a whole has not changed much, despite the departure of disproportionately Christian and Sunni Arab refugees. Christians have traditionally been scattered throughout the country and do not have their own area of refuge like the Alawites and Druze, spurring many of them to flee abroad.

As for Sunni Arabs, because the insurgency took root in their ranks, they have been the first target of regime repression and airstrikes (though some Sunni clans support Bashar al-Assad and have remained safe in the government zone). Overall, Syria’s current population is 22% religious minorities, 16% Kurds, and 61% Sunni Arabs — in other words, not that different from the prewar composition.

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The Washington Institute

These figures could change in the coming months, of course, particularly if the PYD creates a continuous zone of Kurdish control along the border with Turkey by seizing territories between Azaz and Jarabulus.

Any such move to connect the northwestern Kurdish enclave of Afrin with the rest of the PYD’s territory in the northeast (known as Rojava) could spur hundreds of thousands of Sunni Arabs to flee.

Meanwhile, expanded efforts to eliminate IS will likely produce an internal Sunni war between tribes supporting the terrorist group and other factions, creating further refugee flows. 

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The Washington Institute

For now, Syria’s overall population figures hide the rampant ethnic separation already occurring within territories controlled by each faction.

Acutely aware that its Alawite base is a shrinking minority, the regime has created a zone of control with 41% religious minorities, compared to the national figure of 22%. The army consistently prioritizes asserting its grip over Christian, Alawite, Druze, Ismaili, and Shiite localities.

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The Washington Institute

In contrast, rebel victories often spur local religious and ethnic minorities to depart. Only the Druze area of Jabal al-Summaq in northwestern Idlib province remains in the rebel zone, enjoying special Saudi protection in connection with Lebanese Druze leader Walid Jumblatt — it is the fragile exception that proves the rule. Rebel groups dominate a Sunni Arab territory; the main minority there is Sunni Turkmen, which is probably the most anti-Assad group.

Similarly, all religious minorities tend to flee IS-held areas. Some Kurds have remained behind; IS does not seem to distinguish them from local Sunni Arabs, probably because they are Sunni believers as well. That said, many secular Kurds have fled to PYD territory.

In the Kurdish zone of Rojava, Arabs must agree to live as minorities — as the Kurds did during centuries under Arab rule — or leave. This reversal of power is intolerable for many Sunni Arabs accustomed to dominating the northeast, leading some to support IS.

The fact that the regime-controlled zone is the most diverse does not mean that Assad is more benevolent than the rebels, Kurds, or IS. Rather, it reflects his political strategy.

He knows he must expel millions of Sunni Arabs to make the balance of power more favorable to minorities who support him. He also needs to divide the Sunnis by redistributing land and housing that belonged to refugees, making loyalist Sunnis who remain behind even more beholden to him and pitting them against any who decide to return.

In sum, the Syrian conflict is a sectarian war, and ethnic cleansing is an integral part of the strategy used by various actors, even if they claim otherwise.

What ethnic cleansing means for Syria’s future

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Thomson Reuters

A man rides a bicycle near damaged buildings in Jobar, a suburb of Damascus, Syria

Although many refugees and IDPs will want to return home once peace is established, they will be unable to do so because of their ethnicity and/or political affiliation.

Resettling displaced people will become a strategic question for each player. Their efforts at local ethnic cleansing are already making Syria’s de facto partition more and more irremediable. Sectarian diversity is disappearing in many areas of the country, and this process of regional homogenization is drawing internal borders.

Yet formal partition is not necessarily a good solution. It could generate new conflicts, as seen when Sudan split and then the new country of South Sudan dissolved into civil war.

Therefore, the international community may need to work toward a Syrian agreement that lies somewhere between the Taif Accord, which imposed a kind of unity on Lebanon, and the Dayton Agreement, which imposed a difficult partition on Bosnia under intense foreign supervision. Syria’s various communities will accept living in a new, united Syrian Republic, but not the Syrian Arab Republic as it existed prewar.

A federal system would be the best political regime because the previous centralization cannot be reestablished, whatever the ruling group.

Fabrice Balanche, an associate professor and research director at the University of Lyon 2, is a visiting fellow at The Washington Institute.

Read the original article on The Washington Institute For Near East Policy. Copyright 2015. Follow The Washington Institute For Near East Policy on Twitter.

Ecuador Ends Presidential Term Limits

By Kaitlyn Degnan
Impunity Watch Reporter, South America

QUITO, Ecuador — Ecuador’s National Assembly has passed a constitutional reform to do away with presidential term limits. The move faced widespread criticism throughout the country, especially from members of the opposition. The move is the latest in a pattern of Latin American leaders abolishing term limits – which started with Hugo Chavez in Venezuela. More recently, Nicaragua has constitutionally abolished term limits, while Bolivia is currently considering it.

Protesters wave the Ecuadorian flag in front of police stationed in front of the National Assembly. (Photo courtesy of the Daily Mail)

The Opposition views the move as a threat to democracy because incumbent presidential candidates typically have an easy time getting re-elected. In Quito, protesters gathered outside the National Assembly building. Armed with sticks and rocks, they blocked major intersections with burning tires.

Correra announced that he would not be running for re-election when his term expires in 2017 on November 18, just hours before his party announced that it would back constitutional reforms to eliminate term limits. Correra’s current term will expire in 2017.

At the last minute, lawmakers added language holding off the implementation of the reform until May 24, 2017 – after the next president of Ecuador will be selected. The effect of the modification is that Correra will not be able to run for reelection as the term limits will still be in place at that time.

However, it is thought that after taking a “break,” Correra will most likely run for election again in 2021, at such time he will be able to continuously seek re-election following the expiration of that term.

Analysts have called his decision to step back for a term a “shrewd political move” – as Ecuador currently faces a number of economic issues. Ecuador has had to cut back on spending and increase taxes in recent months due to a fall in oil prices.

Other constitutional measures passed during the vote included the declaration of communications as a public service, the removal of collective bargaining for public employees, and putting the military in charge of domestic security.

 

For more information, please see:

Fusion – Ecuador’s president will take a short break, but don’t worry – he could return as president for life – 19 November 2015

Daily Mail – Ecuador lawmakers vote to end presidential term limit – 3 December 2015

Herald-Whig – Protesters clash with Ecuador cops ahead of term limit vote – 3 December 2015 

New York Times – Ecuador Lawmakers Vote to End Presidential Term Limit – 3 December 2015

TeleSur – Constitutional Amendments Approved in Ecuador – 3 December 2015

TeleSur – Ecuador’s Opposition Responds with Violence – 3 December 2015

TeleSur – UPDATE: Ecuador Lawmakers Debate Constitutional Reforms – 3 December 2015

Malaysia’s National Security Bill Draws Criticism as “Tool of Repression”

By Christine Khamis

Impunity Watch Reporter, Asia

 

KUALA LUMPUR –

Malaysia’s House of Representatives passed a bill on Thursday establishing a National Security Council, which will have the authority to make decisions on all matters pertaining to national security. The National Security Council will have few limitations when responding to known or potential security threats. Human rights organizations and other critics have condemned the passage of the bill, saying that it will be used as a tool to abuse human rights by the Malaysian government.

Malaysia’s House of Representatives tabled the bill on December 1, but then passed it on Thursday with a vote of 107 in favor and 77 against. Those in Malaysia’s ruling party, Barisan Nasional, were strongly in favor of the bill.

Malaysia’s Prime Minister, Najib Razak has stated that the law is necessary for responding to extremism and terrorist threats in Malaysia. Under the law, Mr. Najib has the power to declare any area of Malaysia as a “security area” for up to 6 months if the National Security Council finds that the area is under a serious threat that could be harmful to the public and any national interest.

Malaysia’s Prime Minister, Najib Razak. (Photo courtesy of the New York Times)

A Director of Operations of the Council will be allowed to prevent anyone from entering such areas, remove anyone from those areas, and to establish curfews and take possession of any property necessary to further national security. The Director of Operations will have the right to conduct searches and arrest people without warrants.

The members of a security team, which the Director of Operations will oversee, will be allowed to use any force necessary and reasonable to protect national security. Additionally, members of the security team will be immune from liability for any actions taken in good faith.

The National Security Council will be headed by Mr. Najib. Additional members will include Malaysia’s Deputy Prime Minister, Minister of Defense, Minister of Home Affairs, Minister of Home Affairs, Minister of Communication and Multimedia, Chief Secretary, Commander of the Armed Forces, and Inspector-General of Police.

Human Rights Watch’s Deputy Director for Asia, Phil Robertson, has released a statement referring to the bill as a tool of repression, saying there is a “real risk of abuse” of the law. Human Rights Watch also has stated that there is already a wide range of abusive laws being implemented by Mr. Rajib’s government to arrest dissidents.

The International Commission of Jurists (ICJ) issued a press release on Thursday stating that the bill makes it clear that Malaysia’s government needs to establish reforms in their lawmaking process. ICJ’s Senior International Legal Adviser for Southeast Asia, Emerylynne Gil, stated that there seems to be “a disturbing pattern of avoiding deliberate care on legislation” on security concerns that also greatly implicate human rights.

The National Security Council bill comes amidst an increasing level of civil rights abuses and crackdowns on government critics.

 

For more information, please see:

BBC – Rights Group Condemns Proposed Malaysia Security Bill – 3 December 2015

International Commission of Jurists – Malaysia: the ICJ Condemns Passage of National Security Council Bill, Urges Reform in Lawmaking – 3 December 2015

The New York Times – Malaysian Security Bill Invites Government Abuses, Rights Groups Say – 3 December 2015

World Bulletin News – Human Rights Watch Claims Law Provides Expansive Powers That Could Fundamentally Threaten Human Rights and Democratic Rule – 3 December 2015

 

 

 

 

 

The International Criminal Court’s Assembly of States Parties Meetings: Challenges to the Work of the Court- By: Jennifer Trahan

[Jennifer Trahan is Associate Clinical Professor, The Center for Global Affairs, NYU-SPS. She attended ICC ASP 14 on behalf of the American NGO Coalition for the ICC and the American Branch of the International Law Association International Criminal Court Committee. The opinions expressed are not necessarily those of AMICC or the ABILA.]

From November 18-27, delegates of states that are parties to the International Criminal Court’s Rome Statute, as well as NGOs and delegates of non-State Parties gathered in The Hague for the 14th annual Assembly of States Parties meetings.

While much of the ASP’s business carried on as usual, two threats to the Court’s work emerged.
The first came in the form of a Kenyan proposal seeking an interpretation or reaffirmation that Rule 68’s amendment made at the ASP in 2013 would not apply retroactively. On its face, the measure Kenya proposed looked harmless enough. The ASP is indeed the body before which amendments to the ICC’s Rome Statute and Rules of Procedure and Evidence are to be brought after prior presentation to the New York working group on amendments.

But the unstated purpose behind Kenya’s proposal appeared to relate to the pending cases against Kenyan Deputy President William Ruto, and Joshua Arap Sang. Each is charged with crimes against humanity in connection with post-election violence in Kenya’s 2007-8 presidential elections in which over 1,000 persons died. (The measure may also have been indirectly aimed at insuring that a prior case against Kenyan President Uhuru Kenyatta – as to whom the charges have been withdrawn without prejudice – will not be reinstated.) A likely goal is to ensure that prior recorded witness testimony of witnesses who subsequently became “unavailable” could not be used in evidence. Given serious and credible allegations of witness tampering and disappearances—there are pending proceedings related to attempts to corrupt ICC witnesses in the Kenya cases—the proposal could be aimed at keeping out information potentially relevant to pending trials. To make matters worse, the issue of whether the Rule 68 amendment applies retroactively is currently pending before the ICC’s Appeals Chamber in the Ruto & Sang case.

In oral remarks responding to Kenya’s proposal on Thursday November 19 and then again in the closing plenary session, various States made strong statements about the need to preserve the Court’s independence and not interfere in matters pending before the Court. Yet, it was disheartening to later see delegates willing to attempt to mollify the Kenyan delegation by negotiating language favorable to the Kenyan position. If a matter really is sub judice, there should be no ASP role, period. (The only bright spot is that the language negotiated was included in a final report summarizing discussions of the Assembly, and not in a formal assembly resolution.) What the Court will eventually make of all of this, is, of course, another matter – as the judges do not necessarily need to accept even Rule or Statutory amendments from the ASP if they deem them inconsistent with the Rome Statute or beyond the ASP’s authority. Moreover, judges would likely accord language from a report little weight, if any.

Kenya’s second proposal was to develop an ad hoc mechanism of independent jurists to advise the Prosecutor in her selection of Prosecution witnesses. There is absolutely no precedent for such a measure, which clearly is aimed at stymying the Prosecutor’s work. Such an attempt to interfere with Prosecutorial independence appropriately met with little enthusiasm from other state delegations.

The theatrics of Kenya’s presentation of these proposals on November 19 were amplified when the more than 80-person Kenyan delegation applauded loudly to all of Kenya’s statements. Most of the rest of the room then applauded the interventions by other states who insisted on the Court’s independence, and not interfering in matters pending before the Court. The effect was somewhat like an audience at a sporting event, cheering their two respective teams. It seemed unseemly to say the least, and one can only wonder at the choice of allowing a delegation to be that large. Most other States sent at most a handful of representatives.

Another threat to the Court’s work was far more ordinary and predictable but also serious: seven States Parties holding out not to give the Prosecutor the budget she requested as necessary to do her work. With the Court active in 8 situation countries, with 23 pending cases, and preliminary examinations across the globe, now is not the time to nickel and dime the Prosecutor of the world’s worst atrocity crimes. The Court has a bigger docket than it ever has had before. The blame here also should be extended to the U.N. Security Council, which referred two situations to the Court (those in Libya and Darfur) but refused to pay for them, and has failed to insure that any of the outstanding arrest warrants or other transfers related to the cases are executed. At the ASP, the Prosecutor had requested a budget increase of 17%, but only received a 7.1% increase. If she now has to curtail meritorious investigations, which is anticipated, we have only States to blame, and not the Prosecutor.

These ASP gatherings of NGO’s and State delegates from around the world are in some ways heartening – to see a global network of individuals committed to international criminal justice, and the prosecution of the worse atrocity crimes through the ICC. Complementing the formal sessions are numerous “side events” that range the gamut from attempting to ensure justice locally in Africa, to strengthening the ICC’s work related to victims, and attempting to ensure accountability for crimes in Syria. Yet, the ASP meetings are also disheartening to see such attempts at political interference in the Court’s work (and budgetary shortsightedness). It is also disappointing, although perhaps understandable, to see States attempting to pacify delegates in order to avoid having their State potentially withdraw from the Rome Statute. One wonders whether that Faustian bargain is worth striking.