Is Venezuela Increasing Censorship?

By Mridula Tirumalasetti

Impunity Watch Reporter, South America

CARACAS, Venezuela–A longtime editorial cartoonist in Venezuela was fired from the El Universal newspaper because of the caricature she drew. The cartoon was used to satirize the health care system in Venezuela. Although nothing has been confirmed by the newspaper, Rayma Suprani, who was the cartoonist, said via Twitter, “I was informed of my sacking from El Universal over this caricature and  my awkward attitude over graphic satire.”

The cartoon pictured a normal- looking electrocardiogram with the title “health” underneath it and another that combined Chavez’s signature with a flat heartbeat line, symbolic of a cardiac arrest. Under that electrocardiogram was the title “health in Venezuela.”

Printed version of the cartoon by Rayma Suprani in a newspaper (photo courtesy of Reuters)

El Universal’s editorial page published the cartoon. The newspaper’s editorial page has always been critical of the socialist government of Venezuela. However, a pro-Chavista government company acquired the newspaper this summer, and the anti-government stance has softened. Many columnists have left the newspaper since.

The cartoon touched on two sensitive topics for Venezuelans: the legacy of Chavez and the way the socialist government has been managing healthcare.

Supporters of Chavez argue that Chavez transformed the healthcare system to one that is friendlier towards the poor. Chavez initiated the “Barrio Adentro” (Inside the Neighborhood) program, which established a network of small health clinics around Venezuela. The health clinics were staffed by Cuban health care professionals and offered free treatment.

The opposition does not deny the welfare advance made by Chavez, but they insist that the advances were patchy and are critical of the shortages of medicine and equipment. Henrique Capriles, who is an opposition leader, not only paid public tribute to Suprani after the cartoon incident, but also used the incident to take a stab at the Maduro government, which is currently in power.

According to a statement issued by the staff on the newspaper, Suprani’s firing reflects a bigger issue: the country’s “increasing censorship.” Under the governments of Chavez and Maduro, any critical media outlets became extinct. For example, the RCTV station, which was a critical TV station lost its broadcast license in 2007. Since 1999, when Chavez became president, several indenpendant radio stations and newspapers were forced to close. El Nacional remains the only opposition newspaper.

Suprani told local radio, “[m]y immediate boss called me and told me he didn’t like my caricature and I was out. We’ve become a country where if you say things, have your own criteria and try to provoke reflection, it’s not well-viewed.”

For more information, please see:

LA Times–Firing of editorial cartoonist raises censorship concerns–19 September 2014

The Guardian–Venezuelan cartoonist ‘fired’ over healthcare satire–18 September 2014

The Tico Times–Venezulan cartoonist fired after sketch slamming health care–18 September 2014

Reuters–Venezuelan cartoonist says fired for health satire–18 September 2014

Justice Sought for Kidnapped Babies in Argentina During Dictatorship

By Mridula Tirumalasetti

Impunity Watch Reporter, South America

BUENOS AIRES, Argentina—Argentina is bringing suits against the two doctors and one midwife who allegedly delivered political prisoners’ babies and helped Argentina’s former military regime kidnap the babies from their parents. This is the first case of healthcare professionals being accused of falsifying birth certificates of babies.

During the dictatorship, the regime fought the “dirty war” in which Argentinians lived in a period of state terrorism. Approximately 30,000 people who were left wing guerrillas or political groups, or perceived to be associated with socialism were killed or abducted. Prisoners who were pregnant were blindfolded and handcuffed when they gave birth. Once the babies were born, they were taken away and given to regime friendly families, including military or police families, or even their parents’ killers.

Mothers of the “disappeared” children in 1977 pictured above (photo courtesy of BBC News)

Prosecutors argue that the midwife and doctors provided “essential assistance” to conceal the identity of the babies. Moreover, they helped give the babies to regime-approved families, who raised the stolen children as their own.

Francisco Madariaga was one of approximately 500 children taken at birth by the former regime  during the dictatorship, which lasted from 1976 to 1983. Madriaga was born in a military hospital in Buenos Aires. The midwife who delivered him was Luisa Yolanda Arroche. Arroche is now charged with falsifying Madriaga’s birth certificate and aiding in the kidnapping.

“It’s a very important trial because it will judge the complicity of doctors and midwives who were directly responsible for these crimes against humanity,” Madriaga said. He continued, “[w]ith this trial we’ll be able to learn what they did with our mothers the day after we were born, know that there will be a punishment and justice will triumph because we are the living proof of the crime.” Madriaga’s mother, Silvia Quintela, has never been found.

Of the 500 stolen babies, approximately 115 have been located due to genetic testing and because of the efforts made by the Grandmothers of the Plaza de Mayo, which is a group dedicated to finding their stolen grandchildren.

Arroche faces charges alongside doctors Norberto Bianco and Raul Martin, all of whom are in their 80s. Prosecutors are also bringing charges against former military officer, Santiago Omar Riveros and Dictator Reynaldo Bignone, who have both already been sentenced for various crimes against humanity.

For more information, please see: 

BBC News–Argentina tries doctors for “baby theft” during military rule–18 September 2014

Yahoo News–Argentina tries doctors for dictatorship baby thefts–17 September 2014

TeleSur–Argentine Doctors Tried  for Baby Theft During Dictatorship–18 September 2014

Prensa Latina–Trial Against Doctors from Dictatorship Begins in Argentina–17 September 2014

United States Takes Action After Guatemala Fails to Address Worker Rights

By Lyndsey Kelly
Impunity Watch Reporter, North America

GUATEMALA CITY, Guatemala – On 26 April 2013, the United States and Guatemala signed an 18-point Enforcement Plan, which defined necessary actions for Guatemala to take in order to strengthen labor law enforcement. While Guatemala had adopted a number of the outlined reforms, it has failed to comply with the standards spelled out in the country’s trade agreement with the United States. The United States has thus moved to pursue a case against Guatemala that could potentially lead to serious fines.

United States Trade Representative, Michael Froman, addresses Guatemala’s substandard labor laws (Photo Courtesy of The Huffington Post).

Michal Froman, the United States Trade Representative, declared that he would move forward with the case in hopes that Guatemala would make “concrete improvements” in enforcing labor laws. Stating the goal for taking action against Guatemala is “to ensure that Guatemala implements the labor protections to which its workers are entitled.” Guatemala has a history of substandard labor laws including: the refusal of Guatemalan employers to pay minimum wages, the refusal of both public and private employers to make Social Security payments, and the denial of workers’ rights to organize and freely associate.

According to the American AFL-CIO labor federation, Guatemala is the “most dangerous country in the world for trade unionists.” Within the last five years there have been numerous reports of activists being kidnapped and murdered for organizing workers in the agriculture and construction industries.

The AFL-CIO has criticized Guatemala’s remedies in place to protect workers written into trade agreements, calling them “weak.” In order to address these claims the Guatemalan government agreed last year to follow a plan to address the country’s labor law violations. The United States Trade Representative acknowledged Guatemala’s progress, however Froman states that the country failed to pass important laws regulating practices of employers and punishing those who breach labor laws.

Froman stated that the complaint issued was a means of helping Guatemala a safer place to live and work. He stated, “we remain hopeful that Guatemala can achieve a resolution that results in concrete improvements for workers on the ground and sends a positive signal to the world that would help attract investment, expand economic activity, and promote inclusive growth.”

 

For more information, please see the following:

 

AFL-CIO –  Whats Happening To Workers In Guatemala? – 24 Oct. 2013.

HUFFINGTON POST- U.S. Smacks Guatemala Over Worker Rights, Opens Trade Case – 18 Sept. 2014.

REUTERS – United States Steps Up Pressure On Guatemala Over Labor Rights – 19 Sept. 2014.

UNITED STATES TRADE REPRESENTATIVE –  United States Continues to Press Guatemala On Enforcement Of Workers Rights – 24 Oct. 2013.

 

 

HRW: Belgium/Liberia: War Crimes Arrest Major Step for Justice 

First Indictment for Atrocities During Liberia’s 1989-96 War 

(Brussels, September 19, 2014) – The Belgian authorities’ arrest of a Liberian for alleged war crimes and crimes against humanity during Liberia’s first civil war is a major advance for justice, Human Rights Watch said today. It is the first arrest for crimes that violate international law committed during the conflict in Liberia from 1989 to 1996, which left tens of thousands dead.

On September 17, 2014, Belgian police arrested Martina Johnson, a former commander of the rebel National Patriotic Front of Liberia (NPFL). Johnson, who has been living in Belgium, is expected to appear on September 19 before a Belgian judge, who will determine the conditions of her detention.

“The rebel forces for which Martina Johnson was a commander committed horrific abuses against civilians during Liberia’s first civil war, but not one person has ever been held to account for the crimes,” said Elise Keppler, associate international justice director at Human Rights Watch. “Johnson’s indictment in Belgium is a major step to ensure justice is done for the abuses against Liberian civilians.”

The case resulted from a criminal complaint filed in Belgium on behalf of three Liberian victims in 2012. Two nongovernmental organizations, Civitas Maxima and the Monrovia-based Global Justice and Research Project, had extensively documented crimes committed during the conflict and pursued options to ensure justice. The groups said in a news release on September 18 that Johnson is alleged to have “participated directly in mutilation and mass killing in late 1992 during an NPFL offensive known as ‘Operation Octopus.’”

The rebel group had sought to unseat Liberia’s then-president, Samuel K. Doe, and take control of the country. The fighting ended in 1996 following a peace agreement brokered by the regional body Economic Community of West African States. The head of the rebel group, Charles Taylor, was sworn in as president after elections in l997. All warring factions including the NPFL were responsible for numerous serious abuses against civilians, including massacres, sexual violence, torture, and the use and recruitment of child soldiers.

Belgian courts have jurisdiction over the Johnson case under the long-established international legal principle of universal jurisdiction. Under that principle, national courts may try grave international crimes such as war crimes, crimes against humanity, and torture even if the crimes were committed abroad by foreigners and against foreigners.

Cases involving atrocities committed abroad are complex to investigate and try, but universal jurisdiction is sometimes the only available means to bring those responsible for grave human rights violations to justice. A September 17 Human Rights Watch reporthighlights the importance of specialized war crimes units to investigate and prosecute these cases effectively. Belgium is one of about 13 countries that have created such war crimes units to fight impunity for the most serious crimes under international law.

There have been two high-profile trials of Liberians for serious crimes outside Liberia in recent years. Charles Taylor was tried and convicted in 2012 by the United Nations-backed Special Court for Sierra Leone, but only in relation to serious crimes committed during Sierra Leone’s civil conflict. Charles Taylor’s son, Charles “Chuckie” Taylor, Jr. was charged and convicted by a US court for torture committed in Liberia between 1997 and 2003, while he headed Liberia’s notorious Anti-Terrorist Unit during his father’s presidency.

The Liberian government has made no effort to criminally investigate and prosecute the many serious crimes in violation of international law committed during its two civil wars despite a recommendation by the Liberian Truth and Reconciliation Commission (TRC) to do so. In its final report in December 2009, the commission highlighted problems in the Liberian justice system and called for the establishment of a hybrid international-national tribunal with Liberian and foreign judges to try past crimes. No existing international tribunals have the mandate to prosecute past crimes in Liberia.

A hybrid tribunal for Liberia with a majority of internationally appointed judges would advance justice efforts, but some elements of the commission’s proposal raise concerns that would need to be addressed, Human Rights Watch said.

“In 2009, Liberia’s Truth and Reconciliation Commission recommended a hybrid tribunal for atrocities committed during Liberia’s conflicts, but five years later, there’s been no progress in prosecuting these crimes,” Keppler said. “Belgium’s action is important, but the victims deserve more. The Liberian authorities should invigorate plans for trials of civil-wars-era crimes.”

For more Human Rights Watch reporting on Liberia, please visit:
http://www.hrw.org/africa/liberia

For more Human Rights Watch reporting on International Justice, please visit:
http://www.hrw.org/topic/international-justice

Ecuadorians Still Searching for Justice in Chevron Case

By Delisa Morris

Impunity Watch Reporter, South America

QUITO, Ecuador — Litigation that began in 1993 continues to forge on.  In 1993, a group of attorneys filed a class action suit in New York on behalf of Ecuadorian farmers and indigenous tribes in Ecuador against the oil giant Texaco.  Texaco produced oil in the Amazon during the 70s until the 80s.  After nine years, the case was dismissed because of a lack of jurisdiction.  The court stated that the suit should be brought in Ecuador.

Destruction from oil in the amazon. Image courtesy of assets.inhabitats.org

In 2001, Texaco was acquired by Chevron.  Steven Donziger, another New York attorney later took over the case and used celebrity support, sympathetic media coverage and financial backing from hedge funds to restart the case in Ecuador in 2003.

In the mean time, no one has cleaned up the oil.  Waste oil remains in open pits near rural hamlets and people drink from oil contaminated streams daily.

Eight years after the restart in 2003, the suit led to a $19billion verdict against Chevron.  The company’s liability was confirmed by Ecuador’s top court, but the damages were reduced to $9.5billion.

Even after the damage cut, Chevron refused to pay for three reasons: it’s impossible to tell Ecuador’s pollution apart from Chevrons, Texaco had cleaned up its fair share of pollution and received a blanketed release by the Ecuadorian government and according to Chevron, Donziger used fabricated evidence, coercion and bribery to win the suit.

Just when the Ecuadorians believed that they would have clean drinking water, or a new medical center to take care of their oil induced injuries, Chevron filed a countersuit in 2011.

Chevron’s countersuit basically accused Donzinger of conducting a corporate shakedown.  This past March a U.S. District Judge agreed and invoked the Racketeer Influence and Corrupt Organizations (RICO) Act.  Judge Kaplan concluded that the litigation against Chevron was irrevocably marred by fraud and corruption, orchestrated in large by Donziger.  The judge said Donziger had forged court documents, bribed Ecuadorian judges and submitted false technical documents disavowed by his own paid experts.  The judge decided to punish both Donziger and his clients, the Ecuadorian farmers and indigenous tribes for his wrongdoing.

Was this a fair outcome for the Ecuadorians?

Donziger has appealed the judgment and a federal appellate court in New York will hear arguments in the upcoming month.  Meanwhile, the highest court in Canada, is reviewing if the decision from Ecuador can be enforced in Canada where Chevron has extensive operations.

International legal correspondent Michael D. Goldhaber states “hope was that the Ecuador case would for the first time establish non-U.S. courts as a viable alternative to hold companies accountable when they are complicit in wrongs overseas.”

For more information, please see:

Bloomberg Businessweek – A Way to Clean Up Ecuador’s Oil Mess – 18 Sept 2014

Forbes – Ecuador, Chevron and Steven Donziger: The Travesty Described in Detail – 8 Sept 2014

Huff Post Business – How Chevron’s Scientists Misled Courts and Public About Death and Disease in Ecuador – 18 Sept 2014

Rolling Stone – Sludge Match: Inside Chevron’s $9billion Legal Battle With Ecuadorian Villagers – 28 Aug 2014