Brazil Sends National Force Soldiers to Defuse Conflicts Over Indian Lands

By Ellis R. Cortez
Impunity Watch Reporter, South America

SAO PAULO, Brazil — The Brazilian Justice Ministry said on Wednesday, June 5th, that 110 National Force soldiers have been dispatched to Mato Grosso do Sul state where hundreds of Terena Indians are occupying a ranch they say is on ancestral lands.

An indigenous delegation met with government ministers in Brasilia on June 4th. (Photo Courtesy of BBC)

The ranch is at the center of a land dispute between its owner, a former congressman, and the Terena Indians. Approximately 200 Terena Indians occupied the ranch on May 15th. Two weeks later police evicted them in a violent clash during which a 35 year-old Indian man was shot dead. The following day, the Indians occupied the ranch again and on June 4th, another Indian man was injured in an attack by unidentified gunmen. Two others have been reported as missing.

“We must avoid radicalizing a situation that goes back a long way in Brazilian history,” Justice Minister Jose Cardozo told reporters after meeting lawmakers from Mato Grosso do Sul in Brasilia. “We’re not going to put out the flames by throwing alcohol on the bonfire,” he said.

A new eviction order was issued, and Funai, the federal indigenous affairs agency, was informed to peacefully move the Indians off the ranch on June 5th. However, Funai’s press office said a judge suspended the new eviction notice until a federal court rules on the case.

The Indians are also protesting a proposed constitutional amendment that would reduce Funai’s role in determining land for Indian reservations. Under the proposal, Congress and other federal agencies would also have a say in the demarcation of indigenous territory.

Justice Cardozo, however, stressed on June 4th, that Funai would continue to play a central role as the main institution that defends Indian rights, but others will be brought in to improve the process of deciding ancestral lands.

Brazil’s indigenous land policy, included in the country’s constitution, is considered one of the most progressive in the world, with about 13% of the nation’s territory set aside as indigenous territories.

Similar protests have now erupted across the country. In the Amazon region, the Munduruku indigenous group has been occupying the site where construction is underway on the controversial Belo Monte hydroelectric dam. The Belo Monte dam is set to become the world’s third largest dam and it would be capable of producing 11,233 megawatts of electricity, which is equivalent to about 10 percent of Brazil’s total current generating capacity.

For more information please see:

Washington Post – Brazil deploys elite National Force Troops to contain growing Indian-rancher conflicts – 5 June 2013

BBC – Brazil sends army to indigenous land dispute farm – 5 June 2013

New York Times – Brazil Troops to Contain Indian-Rancher Conflicts – 5 June 2013

Reuters – Brazil calls in army to defuse conflicts over Indian lands – 4 June 2013

 

Tunisia Expels Three As Trial of Femen Activists Begins

By Thomas Murphy
Impunity Watch Reporter, Middle East

TUNIS, Tunisia – The Tunisian Interior Ministry has said that it expelled three members of the Ukrainian feminist group Femen from the country. Alex Shevchenko was expelled Tuesday night and a Femen representative confirmed her association with the group. However, the two other expelled women, one Ukrainian and one Belarusian, denied any connection with Femen, as did a Femen representative. The two women were expelled as they arrived at the country’s main airport, the Belarusian on Tuesday and the Ukrainian on Wednesday.

One of the Femen protesters outside Tunisia’s Palace of Justice. (Photo Courtesy of Getty Images)

The women were accused by the Interior Ministry of planning to engage in a topless protest in front of the court where the trial of three other Femen activists began on Wednesday. The Femen activists on trial are charged with “debauchery” which entails the use of the female body to seduce. Debauchery carries a possible six month prison sentence. Patrick Klugman, the activists’ lawyer, was sent to Tunisia by the Femen group to defend the women.

Klugman defended the women saying, “Their bodies were not exhibited to seduce but to convey a political message…which is different than debauchery.”

The three women, Pauline Hillier, Marguerite Stern, and Josephine Markmann, appeared at the trial wearing the traditional white Tunisian headscarf, known as a sefseri.

The court denied the women bail and adjourned the case until June 12. It is also considering whether several Islamist groups will be allowed to join the proceedings as a civil party. Tunisian law permits outside groups to join the trial and sue as injured parties. The addition of the Islamist groups would likely cause the trial to be drawn out. Klugman was critical of the court following the adjournment.

“Without giving a word to the Femen activists, the court has right from the beginning listened to the Salafist associations, who are not even a part of this trial,” Klugman said.

The charges against the three women stem from a topless protest in front of Tunisia’s Place of Justice. The three called for the release of Femen member Amina Sboui, also known as Amina Tyler, by waving banners and painting messages on their topless chests. The protest was the first Femen protest of its kind in the Arab world.

Tyler was arrested for possessing pepper spray and has been convicted of carrying an incendiary object. She was also arrested for allegedly writing the word “Femen” near a cemetery in the religious city of Kairouan. Possible charges include indecency and desecrating a cemetery.

Tyler’s actions were in protest of a rally to be held by conservative Islamists known as Salafists. The Salafists have been pushing for a more pious society and are often accused of attempting to limit women’s rights.

For further information, please see:

AllAfrica – Tunisia: Feminist Activists On Trial in Tunisia – 5 June 2013

BBC – Femen activists on trial in Tunisia for topless protest – 5 June 2013

Guardian – Femen protests: Tunisia expels three in Ukrainian feminist group – 5 June 2013

Middle East Online – European Femen activists remain behind bars in Tunisia – 5 June 2013

Washington Post – Tunisia expels 3 Femen activists seeking topless protest at trial of their colleagues – 5 June 2013

NSA Surveillance Programs Come to Light

By Ali Al-Bassam
Impunity Watch Managing Editor, News

WASHINGTON D.C., United States — This week, news came to light that the National Surveillance Agency (NSA) had siphoned personal data from the main computer servers of nine major US internet providers, including Google and YouTube, and collected the phone records of millions of Verizon customers.

It was revealed that the NSA has been tracking Verizon customers’ call records and collecting private data from nine companies. (Photo Courtesy of The Independent)

In an initiative code named PRISM, the FBI and NSA was granted access to “audio, video, photographs, emails, documents and connection logs from Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube, and Apple company servers.”  It was also reported that many companies did not know that the FBI and NSA had direct access to their servers.  Google, Apple, Yahoo, and Facebook immediately denied that the government had direct access, while Microsoft said that it “did not voluntarily participate in any government data collection,” and only complied with specific requests.

The Guardian first reported that Microsoft was the first of the nine companies to participate in PRISM in December 2007.  It reported that  Yahoo then joined in 2008; Google, Facebook, and PalTalk in 2009; YouTube in 2010; Skype and AOL in 2011; and finally Apple last year.

It was also revealed earlier this week that the NSA had access to to Verizon customer phone records under a secret court order.  Under this court order, labeled “Top Secret,” Verizon must disclose “all call detail records” of its customers to the NSA, including all local and long-distance calls within the US, and calls made between the US and overseas.  This program and PRISM were initiated in 2007 during George W. Bush’s presidency.

President Obama, defended the surveillance program on Friday, saying that his administration struck “the right balance” between security and privacy, and that US citizens and residents were not being targeted.  President Obama said that both NSA programs were repeatedly authorized by Congress and are subject to continual oversight by both congressional oversight committees and secret intelligence courts.  Claiming to be skeptic about the NSA programs when he was sworn into office, President Obama said that it was necessary to preserve them for the sake of national security.  “You can’t have 100% security, and also then have 100% privacy and zero inconvenience,” said President Obama.

In a statement made late-night on Thursday, Director of National Intelligence Jams Clapper denounced the leaks, and said that “Americans would suffer.”  “The unauthorized disclosure of a top secret US court document threatens potentially long-lasting and irreversible harm to our ability to identify and respond to the many threats facing our nation,” said Clapper.

For further information, please see:

ABC — US Declassifies NSA Program Details After Uproar Over Verizon Phone Records — 7 June 2013

BBC News — Barack Obama Defends US Surveillance Tactics — 7 June 2013

The Independent — Obama Defends Spying Tactics of Prism Programme Mining Private Data from Google, Apple, YouTube, and Facebook — 7 June 2013

Policymic — NSA Phone Records: A Look at the Courts That let the Feds Tap our Phones — 7 June 2013

USA Today — NSA Taps Data from 9 Major Net Firms — 7 June 2013

Engadget — Washington Post: NSA, FBI Tapping Directly into Servers of 9 Leading Internet Companies (Updates) — 6 June 2013

Wall Street Journal — Government is Tracking Verizon Customers’ Records — 6 June 2013

SNHR: Statement of non-governmental organizations condemn the gross violations in Syria

Prepared by the Syrian Network for Human Rights

Arab and International Human Rights and civil society organizations, which took part in the Doha-based conference (3-4 June, 2013) on developing the human rights mechanism of the Arab League reiterated their support for the Syrian People and Syrian rights activists.

The groups stressed their strong condemnation of the systematic human rights abuse, war crimes, and crimes against humanity inflicted upon civilians by the Syrian regime for the third year to suppress the Syrian People’s Revolution and their legitimate demands for freedom, dignity, justice, citizenship, and the rights of people to determine their own future, and choose their regime through a democratic system based on justice, freedom, the rule of law, and human rights.  The conference blamed the Syrian dictatorial regime for the ongoing armed conflicts, urging all sides to respect international humanitarian law and human rights.

Participant groups also denounced the international community’s reluctance to assume its responsibility in putting an end to violence against Syrian civilians, which left up to 90,000 killed (the vast majority of them are civilians that are not involved in the bloody armed conflict, including tens of thousands of women and children), hundreds of thousands of detainees, tens of thousands of enforced disappearances’ victims, in addition to five million displaced citizens and two million refugees in neighboring countries.

The conference urged the necessity of a serious and effective international intervention to stop the bloodshed and end the suffering of Syrians, stressing its support for any effort as long as it responds to the legitimate rights of the Syrian people in choosing its rulers and holding wrongdoers accountable for their offenses.  Calls for participating organizations by Arab governments across the Arab League urging the UN Security Council to take necessary and effective measures to stop the crimes of the Syrian regime, and support the transitional path to democracy is based on the international law of human rights, and to activate the provisions of international humanitarian law in accounting the criminals.

Participating organizations work to provide all support for the human rights movement in Syria in light of enormous and unlimited restrictions imposed by the dictatorial regime in Syria.  They express their solidarity with human rights defenders in Syria and appreciate the precious sacrifices made, and call on all Arab and foreign countries, organizations, international networks, and regional organizations to provide all forms of support and assistance to them.

Time for Transitional Justice Process

Voice of Syria

Special to Voice of Syria, By Radwan Ziadeh*

The Syrian revolution began to realize a dream of freedom, and dignity, in its simplicity. The time for Syrian’s shared dream is now. However, price of the simple dream has not only been huge but still soaring. We thought that systems such as the Khmer Rouge in Cambodia, the Nazi regime in Germany, the fascist in Italy, and Pinochet in Chile had become extinct. We thought, perhaps sinfully, that the international community had developed to the extent that it will never allow a system similar to those from the past to re-emerge in our time and age.

What Syria is witnessing today and what Syrians live in every moment dispel any such hope. After war crimes and crimes against humanity in former Yugoslavia and Rwanda, the General Assembly of the United Nations established an initiative known as the ‘responsibility to protect’ or ‘R2P’ in 2005, a norm that changed traditional principles regarding protection of the sovereignty of States, stating that sovereignty is not a right – it’s a responsibility. The R2P argues that regimes committing such crimes, they lose their sovereignty; and the international community has the right to take necessary measures to protect civilians and prevent further crimes against them.

Unfortunately, the R2P has not been invoked given what is happening in Syria. The international community has abandoned Syrians to die at the hands of their ruler. Indiscriminate aerial bombardment has taken the lives of more than 82,000 civilians so far, and Bashar al-Assad’s forces have begun using far-reaching ballistic missiles, SCUDs and even Sarin gas, classified as weapons of mass destruction, against areas of Syria no longer under regime control with utter disregard for the lives of Syrian civilians and to residential areas and infrastructure. If Assad continues his military madness against his own people, Syria then will become a worse hell than it has been so far.

Western media and officials describe uprising in Syria as a civil war, a description the Syrians find far from reality of the ground. Syria is in the midst of a popular revolution against an authoritarian regime. If we conduct a simple comparison of the number of victims in Syria with the number of victims in countries in which a civil war has actually occurred, such as Peru, the conflict (1980-2000) claimed more than 70,000 victims while the number fatalities has long surpassed this figure in a matter of two years.  According to a report of the Truth and Reconciliation Commission, we found that the number of victims has risen from 1,000 per month during the start of the revolution to 5000 per month today. If Assad is allowed to continue his war against the Syrian people, the number of victims can be expected to exceed 150,000 sooner than later.

With ever-increasing destruction and bloodshed in Syria, how can we expect to rebuild the country? Clearly, it will not be possible to fully begin the transition to a pluralistic and democratic society without a complete cessation of violence. And yet, we can begin to consider the first steps to heal the deep wounds that have left Syrian society in tatters.

One option is to lay the groundwork for transitional justice and reconciliation programs. The launch of transitional justice processes can let victims feel that those responsible for committing crimes will be brought to justice and that the ‘era of impunity’, lasting for over 40 years, is over. However, as transitional justice experiences across the world have taught us, it is closely linked to the path of political transition and depends mainly on the political will and vision of both the actors and the democratic forces on the ground.  Unfortunately, Syria has practically no history of political participation aside from complete domination of the regime-supported Baath party, thus here options are few when considering to whom to turn in order to implement post-conflict reconciliation programs.

Some have suggested that the Syrian justice system remains capable of bringing to trial the hundreds, if not thousands, of perpetrators of human rights violations and crimes against humanity in Syria. This remains an option, but those anxious to avoid the mistakes of Libya wherecourts remain inundated with tens of thousands of pending cases leftover from the revolution of 2011, advise using a different path given the lack of credibility the Syrian judiciary has in the eyes of citizens.

International justice is another option. Bashar al-Assad’s crimes are certainly within the scope of work of the International Criminal Court. However, Russia, with its position in the Security Council, may prevent the referral of Syrian criminals to the ICC. Any future government formed after the fall of the Assad regime will undoubtedly ratify the Rome Agreement, enabling an international prosecutor to open an investigation into these crimes. However, the path of international justice remains a less than ideal choice. The process is slow and Syrians will be impatient. Syrians acknowledge that they will need the international community, which failed them before, to rebuild their country and construct future institutions. But they also realize that there are limits to assistance provided by the international community. They will have to ultimately rely on themselves to build their democracy in the future.

In fact, a number of Syrians are beginning to do just that. A few months ago, a group of Syrians announced the creation of a’“National Preparatory Committee for Transitional Justice’ in Istanbul, Turkey. This committee, made up of human rights activists, defected judges and lawyers, and others representing all the various sects and ethnic groups in Syria among them a respected Alawite lawyers and public figures, is determined to consider all the options for a future post-conflict transitional justice and reconciliation program in Syria. The work of this group is crucial. The fact that positions on the committee are reserved exclusively for Syrians, and that this committee was formed without the urging of international actors, means it is uniquely positioned to be considered a legitimate institution in a sea of organizations and committees regarded with suspicion and skepticism by the Syrian public.

Tens of thousands of mothers and fathers, brothers and sisters, wives and children continue to suffer in Syria. The Syrian society will not be able heal the rifts created by a half-century of brutal Assad family rule without truth and justice procedures. The victims have the right to truth andto know the fate of their loved ones. And also to see punishment meted out to those responsible. A transitional justice and reconciliation program will help Syrians foster confidence in themselves and their community and help the restoration of the structure of society, rocked by grudges of injustice and suffering.

*Besides being a member of Syrian National Council, the writer is a visiting scholar at Lehigh University, and Fellow at the Institute for Social Policy and Understanding (ISPU) in Washington DC.

Source URL: http://www.voiceofsyria.com/463/
—

Dr.Radwan Ziadeh

 –          Executive director of the Syrian Center for Political and Strategic Studies (SCPSS)- Washington, D.C.
http://www.scpss.org/

 –          Director of Damascus Center for Human Rights Studies (DCHRS) in Syria
http://www.dchrs.org

–     Fellow at the Institute for Social Policy and Understanding (ISPU) in Washington D.C

–          http://www.ispu.org/people/Radwan-Ziadeh

–          Managing editor of the Transitional Justice in the Arab World Project
www.arabtj.org