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

 

Australian Police Raids Conducted Across Sydney Over Domestic ISIS Threat

By Max Bartels

Impunity Watch Reporter, Oceania

 

Canberrra, Australia 

The largest counter-terrorism operation in the history of Australia took place today as somewhere between 800 to 1,000 Australian police officers took part in raids across Sydney to apprehend members of ISIS plotting terror acts in the city. 15 suspects were arrested and over a dozen raids executed on properties across Sydney. The Prime Minister of Australia, Tony Abbott stated today that he was briefed by Australian intelligence agencies Wednesday night about a potential plot by ISIS member in Sydney to stage a public execution in an attempt to demonstrate the groups reach. The police have further stated that they have gathered evidence showing that ISIS supporters in Australia have been plotting these attacks since May.

IW #15
Australian police arrest suspects in pre-dawn raids across Sydney Thursday Morning (Photo Curtesy of The Independent)

Calls for attacks in Australia have apparently been coming from an Australian who is reported by Abbott to be high up in the ISIS ranks. Abbott refused to state the name of the suspected high up Australian ISIS member. Police arrested a 22- year- old member of ISIS, who prosecutors say planned to gruesomely behead a randomly selected person in public with a clear intent to shock and horrify. The police have since stated that 9 of the 15 suspects arrested during the raid have been released on bail.

Raids on a smaller scale were executed in Brisbane last week, where two men were arrested for attempting to recruit members to join the AL-Qaeda off shoot group called the “Nursa Front”. These men were also preparing to leave for Syria themselves. In the wake of these recent events the Australian government has raised the terrorist threat level from medium to high. Australian intelligence agencies report that some 60 Australian citizens have gone abroad to fight for ISIS and other militant Islamic groups in the Middle East. These agencies also report that they believe that there are around  100 Australians in Australia supporting ISIS by recruiting fighters, grooming suicide candidates and providing funds and equipment.

On Thursday night a crowd of around 300 protesters gathered in Sydney to protest against the raids. Australian Islamic groups are warning the government of potential unrest over the governments new anti-terror polices. The leader of one of these Islamic groups stated that the Muslim community is being made scapegoats and that he believes  the real terrorists are the government. He further stated that Muslims in Australia do not feel safe and that the Muslim community has been victimized for years.

Last week Australia announced that it would be contributing to the international effort to combat ISIS by deploying military forces to the Middle East. Abbott stated then that there was a concern of ISIS threats in Australia. He has recently played down concerns that Australia’s involvement abroad could increase the risk of attack at home.

For more information; please see: 

NBC News — Raids Foil Alleged Beheading Plot in Support of ISIS — 18 September 2014

CBS News — Australian in Australia: We Thwarted Grisly ISIS Plot — 18 September 2014

Fox News — Australia Raids Foil Reported ISIS Beheading Plots — 18 September 2014

The Guardian — Terrorism Raids: ISIS Urging Followers to Behead Australians’, Says PM

Sex Trafficking in Europe