UN Rights Experts Advise Russian Duma to Scrap Bill on ‘Homosexuality Propaganda’

Press Release
United Nations Human Rights

GENEVA (1 February 2013) – A group of United Nations independent human rights experts today called on the lower house of the Russian parliament to discard a draft bill to establish administrative penalties for “propaganda of homosexuality among minors,” which has already been approved by the State Duma.

The experts on freedom of expression, human rights defenders, cultural rights and the right to health warned the bill may undermine the enjoyment and promotion of human rights in Russia, unjustifiably singling out lesbian, gay, bisexual, transgender and intersex people, who have increasingly become the target of sanctions and violence in the country.

“Any restriction on freedom of opinion and expression should be based on reasonable and objective criteria, which is not fulfilled by the draft bill approved during the first reading by the Duma,” said the Special Rapporteur on freedom of opinion and expression, Frank La Rue. “The law could potentially be interpreted very broadly and thereby violate not only the right to freedom of expression but also the prohibition of discrimination.”

The Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya, warned that this legislation could be used to unduly restrict the activities of those advocating for the rights of LGBT individuals. “The draft legislation could further contribute to the already difficult environment in which these defenders operate, stigmatizing their work and making them the target of acts of intimidation and violence, as has recently happened in Moscow,” she stressed.

“We fear that such laws, in practice, will exacerbate an already difficult situation for LGBT individuals wishing to express their identity, and will hamper the organization of cultural events or dissemination of artistic creations addressing LGBT issues,” highlighted the Special Rapporteur in the field of cultural rights, Farida Shaheed. She further underlined that LGBT youth would be particularly affected.

Stressing the bill’s ambiguous wording, the Special Rapporteur on the right to health, Anand Grover, warned that “banning ‘propaganda of homosexuality’ may not only penalize those who promote sexual and reproductive health among LGBT people, but will also undermine the right of children to access health-related information in order to safeguard their physical and mental health.” Far from protecting children, the proposed law would potentially harm them by re-enforcing stigma and contributing to a discriminatory environment, which would put them at increased risk.

Pointing out that the “window of opportunity is still open” to reverse the decision during the next two readings at the Duma, the UN experts urged parliamentarians to “exercise leadership by scrapping the bill to ensure the full enjoyment of human rights and fundamental freedoms in Russia.”

ENDS

UN Human Rights, country page – Russian Federation: http://www.ohchr.org/EN/Countries/ENACARegion/Pages/RUIndex.aspx

UN Human Rights, thematic issue page- Discrimination based on sexual orientation and gender identity: 
http://www.ohchr.org/EN/Issues/Discrimination/Pages/LGBT.aspx

For more information log on to:
Freedom of expression:http://www.ohchr.org/EN/Issues/FreedomOpinion/Pages/OpinionIndex.aspx
Human rights defenders: 
http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/SRHRDefendersIndex.aspx
Cultural rights:http://www.ohchr.org/EN/Issues/CulturalRights/Pages/SRCulturalRightsIndex.aspx
Right to health: http://www.ohchr.org/EN/Issues/Health/Pages/SRRightHealthIndex.aspx

For media inquiries related to UN independent experts:
Cécile Pouilly, UN Human Rights – Media Unit (+ 41 22 917 93 10 / cpouilly@ohchr.org)

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U.N. Inquiry: “Israeli Settlements Violate Fourth Geneva Convention”

By Ali Al-Bassam
Impunity Watch Reporter, Middle East

JERUSALEM, Israel — A three-member panel comprised of U.N. Human Rights Council members urged private companies involved with constructing settlements in the West Bank to cease activities. The panel said that the practices are subject to prosecution as possible war crimes.

Christine Chanet, who led an investigative panel over Israeli settlements in the West Bank, said that the settlements contravened the Fourth Geneva Convention. (Photo Courtesy of Reuters)

A report issued by the U.N. Human Rights Council last Thursday said that the expansion of settlements into Palestinian territory violates the Fourth Geneva Convention, which forbids the transfer of civilian populations into occupied territory. Violators are subject to the International Criminal Court (ICC).

“Israel must cease settlement activities and provide adequate, prompt and effective remedy to the victims of violations of human rights,” said Christine Chanet, a French judge who headed the U.N. inquiry. “To transfer its own population into an occupied territory is prohibited because it is an obstacle to the exercise of the right to self-determination.” Chanet said that because Israel is a U.N. member state, it must comply with international law over the settlements.

U.N. Secretary Ban Ki-Moon reiterated the report’s findings, saying that “all settlement activity in the occupied Palestinian territory, including East Jerusalem, is illegal under international law.”

Last December, Palestinians wrote a letter to the U.N. after Palestine was granted de facto U.N. recognition of statehood. In the letter, Palestinians accused Israel of planning to commit further war crimes by expanding settlements, and said that Israel had to be held accountable. With its statehood recognized, Palestine has threatened to take Israel to the ICC.

The U.N. Human Rights Council’s started its investigation of the settlement expansion last March. Independent U.N. investigators interviewed around 50 Palestinians in Jordan, which found that the settlements prevented Palestinians from reaching farming and water resources. The report states that the settlements are comprised of an estimated 520,000 settlers now living throughout the West Bank and East Jerusalem.

Israel did not cooperate with the council, and barred investigators from entering the West Bank, claiming that the council was biased. It defended its settlement policy by citing historic and biblical links to the West Bank.

The Israeli Foreign Ministry called the Human Rights Council’s recent report “counterproductive and unfortunate.” “The Human Rights Council has sadly distinguished itself by its systematical, one-sided and biased approach towards Israel. This latest report is yet another unfortunate reminder of such approach,” the ministry said. “The only way to resolve all pending issues between Israel and the Palestinians, including the settlement issues, is through direct negotiations…” Israel’s Yigal Palmor said.

Palestinians welcomed the report, saying that it “vindicated their struggle against Israel.” “This is incredible. We are extremely heartened by this principled and candid assessment of Israeli violations,” said Hanan Ashrawi, a senior official for the Palestinian Liberation Organization.

For further information, please see:

Jewish Press — Head of UN Rights Panel: Report is ‘Weapon’ Against Israel” — 3 February 2013

JTA — U.N.: Israel Must Withdraw From Settlements Immediately — 31 January 2013

Reuters — U.N. Rights Inquiry Says Israel Must Remove Settlers — 31 January 2013

The Telegraph — UN Report Says Israel Could be Prosecuted for War Crimes Over Settlements — 31 January 2013

Men Accused of Rape and Murder Plead Not Guilty

 By Karen Diep
Impunity Watch Reporter, Asia

NEW DELHI, India – Today, five men pleaded not guilty to the rape and murder of a trainee physiotherapist in Delhi last December.

Angry protesters demand harsher sex crime laws. (Photo Courtesy of Aljazeera)

With a sixth suspect tried in juvenile court, the of age men, Vinay Sharma, Akshay Thakur, Pawan Kumar, Ram, and Mukesh Singh, signed statements proclaiming their innocence after being formally charged in a fast-track court.

The accused men allegedly attacked the 23-year-old woman after boarding a bus with a male friend. According to AlJazeera, the men beat both of them, raped the woman, and tried to run her over with the vehicle after the attack.

As a result of the attack, the woman suffered excessive internal injuries and died two weeks later in a Singapore hospital. Prior to being transported to Singapore, the woman underwent three intensive surgeries and cardiac arrest.

The defense’s lawyers, in response to these allegations, claimed that the New Delhi police tortured the men into erroneous confessions.

Nonetheless, the violent attack sparked a national debate over India’s sex crime laws and the treatment of women in India.

Because there is substantial evidence, including DNA and phone records, prosecutors anticipate seeking the death penalty for the accused men.  Moreover, they expect calling three witnesses at the beginning of trial.

On Wednesday, hundreds of protesters marched in New Delhi demanding more rights and security for women.  According to AlJazeera, the “Women Dignity March” concluded at Rajghat, the tallest memorial of Mahatma Gandhi.  On the same day, Junior Education Minister Shashi Tharoor advocated that the proposed new anti-rape law be named after the dead student.

Moreover, on Friday, India’s cabinet approved a majority of the commission’s recommendations on sex crime laws.  Appointed to review India’s sex crime laws, the commission is led by ex-chief justice JS Vermam, who issued a report on January 23, 2013.

The court will begin administering evidential hearings this upcoming Tuesday.

For more information, please see:

Aljazeera – India rapists ‘tried to run over victim’ – 02 February 2013

BBC News – Delhi rape case: Five accused plead not guilty – 02 February 2013

The Guardian – India gang rape accused plead not guilty in fast-track court – 02 February 2013

The Voice – 5 Men Plead Not Guilty in India Rape Case – 02 February 2013

French National Assembly Approves Same-Sex Marriage Bill

By Alexandra Sandacz
Impunity Watch Reporter, Europe

PARIS, France – On Saturday, France’s National Assembly approved legislation that will allow gay couples to get married and adopt children. The Assembly approved the bill despite enormous protests that lured hundreds of thousands of people in Paris to oppose the new proposal.

Parisians show their support for the legalisation of gay marriage and LGBT parenting. (Photo Courtesy of RT)

President Françoise Hollande’s socialist party and their left-wing supporters supported the same-sex marriage provisions. Conversely, the UMP – the party of former President Nicholas Sarkozy – and many centrists MP opposed the bill.

However, despite opposition, deputies voted 249-97 in favor of redefining marriage as a contract between two people, rather than just between a man and a woman.

The same-sex bill celebrates one of France’s biggest social reforms since the abolition of the death penalty in 1981.

Justice Minister Christiane Taubira stated, “We are happy and proud to have taken this first step. We are going to establish the freedom for everyone to choose his or her partner for a future together.”

Christophe Barbier, editor of the influential L’Express weekly news magazine and a supporter of the law, said, “Marriage should be a simple contract between two individuals. Let’s make it available to all couples eager to make this contract to each other.”

However, those who opposed the legislation maintain that their movement is not homophobic. Rather, the legalization of gay adoption breaks down the traditional family, and the legislation that gives gay couples the right to adopt will remove the fundamental right of a child to have a mother and a father.

Spokesman for the anti camp called “manif pour tous,” Tugdual Derville, stated, “We must think of future generations. Not only of the desires of adults today.”

Protestors chant, “Une mère, un mari, un mariage” (One mother, one husband, one marriage).

UMP MP, Philippe Gosselin, believes the legislation is opening a gate of trends of which the French people do not approve. He states, “Today it is marriage and adoption. Tomorrow it will be medically assisted conception and surrogate mothers.”

Furthermore, Cardinal Philippe Barbarin, the Roman Catholic archbishop of Lyon, argued that redefining marriage would “open the door to incest and polygamy.”

Other countries in Western Europe, such as Belgium and the Netherlands, already legalized same-sex marriage. However, France demonstrated the largest disapproval.

For further information, please see:

BBC News – France’s Parliament Approves Gay Marriage Article – 2 February 2013

Expatica – Gay Pride As France Lays Foundation For Same Sex Marriage – 2 February 2013

NBC News – Why Some In Supposedly Liberal France Are Up In Arms About Gay Marriage – 2 February 2013

RT – French National Assemble Approves Gay Marriage Law – 2 February 2013

Syria Revolution Digest: 31 January 2013

Random In Tandem!

Syrian Revolution Digest – January 31, 2013 

Some claim that dialogue will kill the revolution. Others assert that the armed struggle has already killed the revolution, but what’s really killing the revolution is failure to coordinate and to realize that a revolution, by its very nature, is a multi-track venture, involving politics and culture, as well as bullets.

 

Thursday January 31, 2013

 

Today’s Death Toll: 105 martyrs, including 4 children, 3 women and 3 deaths under torture: 58 in Damascus and Suburbs; 13 in Idlib; 12 in Aleppo; 12 in Homs; 4 in Daraa; 3 in Deir Ezzor; 1 in Quneitra; 1 in Hama; 1 Hasakeh (LCCs).

 

Points of Random Shelling: 337 points, including 15 points that were shelled by warplanes and helicopter gunships, 2 points using cluster bombs, 8 points with barrel bombs, 145 points using heavy caliber artillery where the most intensified were documented in Damascus Suburbs, 116 points were targeted with mortar and 57 points with rockets (LCCs).

 

Clashes: FSA rebels clashed with the regime forces in 145 locations. Sucessful operations included shooting down two warplanes in Damascus, in Harran Al-Awameed and the Dumair Airport. In Damascus Suburbs rebels also attacked regime checkpoints in Ain Tarma, shelled the military barrack located at the entrance of Yarmouk Camp, and targeted the Fakhoukh checkpoint located between the villages of Halboun and Wafra in the Qalamoun Region to the north (LCCs).

 

News

Syria warns of “surprise” response to Israel attack Damascus could take “a surprise decision to respond to the aggression of the Israeli warplanes”, Syrian ambassador to Lebanon Ali Abdul-Karim Ali said a day after Israel struck against Syria.

Syria’s Confirmation of Strike May Add to Tension With Israel Most experts agree that Syria, Hezbollah and Israel each have strong reasons to avoid a new active conflict right now… But it is equally clear that Hezbollah — backed by Syria and Iran — wants desperately to upgrade its arsenal in hopes of changing the parameters for any future engagement with the powerful Israeli military, and that Israel is determined to stop it. And Hezbollah is perhaps even more anxious to gird itself for future challenges to its primacy in Lebanon, especially if a Sunni-led revolution triumphs next door in Syria.

Jordan Islamist sees clash with secular Syrian rebels Mohammed Shalabi, better known as Abu Sayyaf, said Islamist fighters with groups such as the Nusra Front, which the United States lists as a terrorist organization, had refused offers to join the rebel Free Syrian Army in return for pay and weapons. If Assad is overthrown, he told Reuters, the Free Syrian Army, or elements within it ideologically hostile to the Nusra Front, would immediately order Islamist groups to disarm. “Then there will be a confrontation between us and losses will rise, but I don’t want to pre-empt events,” he said.

Syrian opposition chief sets conditions for talks Khatib said via his Facebook page he was ready for dialogue with officials from Assad’s regime subject to conditions, including that “160,000 detainees” are released and that passports for exiled citizens be renewed in embassies abroad… Khatib said on his Facebook page that he rejected being subject to “intellectual terrorism” in putting forward the controversial proposal. “If anyone thinks that no Syrian wants to hear such ideas, he is deluded,” he added.

Syria mediator will not return to Damascus, guarded on talks “It is worthy of note,” Brahimi said of a statement by Syrian National Council leader Moaz al-Khatib that he was “ready for direct discussions” outside of Syria. But the UN-Arab League envoy said the reaction of the government and other opposition figures would be crucial.

 

Raw: Dutch student’s relief effort in Syria (Video)

Photos: An up-close account of death in Damascus

 

Special Reports

Kamal Allabwani: Can the Syrian Opposition Coalition be fixed?

Currently, members of the Coalition are unqualified for even the simplest political tasks; their experience and political culture are superficial. We must move toward a new government that will overcome the incompetency of this Coalition, and advance the revolution. We went to the previous Friends of Syria meeting in Marrakesh without a government and we will go to Paris without a government as well, despite the fact that we know that the international support is conditional upon building a political and civil administration. The compromises inherent in the Coalition have crippled it, and we have inflicted further losses on the revolution because of the process of formation and defects in its basic structure. Because we transferred the internal structure, or every mechanism of disruption, that the Syrian National Council suffered from to the Syrian Opposition Coalition, we have lowered the bar of achievement.

Syrian Spillover: Perspectives from Neighboring States

As the Assad regime continues its bloody campaign to remain in power, Washington Institute scholars assess the impact of current and potential spillover on Syria’s neighbors, Turkey, Iraq, Israel, Jordan, and Lebanon.

INSIGHT: Russia’s Many Interests in Syria

…the hopes that President Vladimir Putin will finally budge on his support for the Syrian regime are unwarranted. Russia is unlikely to change its position given that its interests in Syria are not only military and strategic, but also commercial and cultural.

Aid Groups in Syria Use Diverging Methods to Deliver Supplies

The United Nations says an international donor conference has raised about $500 million for humanitarian relief efforts inside war-ravaged Syria. Most of those funds are likely to go to aid agencies operating out of Damascus under official Syrian government supervision. But some relief workers say unofficial methods are better for reaching many Syrians in need of help.

Jennifer Rubin: Syrian slaughter: Numbers too large to conceive

A coincidence becomes a cruel joke in this case as “President Obama pledged an additional $155 million in humanitarian aid for Syria on Tuesday.” Really, the problem isn’t enough humanitarian aid? Don’t get me wrong — that is needed but what would be better, of course, would be some definitive U.S. action to stem the mass murder. Aid is for victims; U.S. action would be to prevent more victims.

How Israel’s air strike could help Syria

Though it’s unlikely that this changes anything dramatically, the strike allows Assad and company to, at least for the moment, emphasize a shared mission of “resistance and self-defense” against Israel. For Iran and Hezbollah, that’s likely a much more palatable reason to help Assad than is the true mission of saving his regime from the popular uprising that became a civil war. Any boost this gives to Assad’s alliances will likely be more about appearances than the underlying fundamentals of the conflict. The civil war is still bloody, costly, and overwhelmingly about fighting Syrian rebels, not Israeli air force jets. Still, in the ideologically charges Middle East, these things can matter.

Drowning in the flood: Foreign governments and agencies are failing Syria’s refugees

Agencies and host countries are struggling to cope. Most of the refugees are women and children. In Lebanon there are no official camps, so they lodge with families. Conditions in camps in Jordan and Iraq are grim. Earlier this year rainstorms and even snowy blizzards turned some camps into quagmires. Children died of cold. Some tents went up in flames as refugees stoked fires inside them to be warm. The plight of an estimated 2m Syrians displaced inside the country is even worse.

 

Who’s the Boss?

 

Speculations by some regime insiders, which they expressed on social media over the last 24 hours, assert that the Assad regime’s claim that a research facility was attacked by Israeli jets rather than a military convoy reveals that the regime in fact had no idea that Hezbollah operatives in Syria were arranging for transfer of sophisticated weaponry to their bases in Lebanon. If this is true, then, Syria is truly becoming a theater for operations by external forces of all kinds at this stage, and Assad, as I have argued earlier, is only a necessary but disposable placeholder at this stage. In the background, Iranian advisers must be busy setting up a new system designed to outlive regimefall and keep Iran’s relevant to the unfolding processes through the creation of a loyalist militias made up mostly of Alawite recruits.

 

A Political Solution?

 

I am all for a political solution at this stage, but those who call for such a solution then say that an arms embargo on both sides is necessary to enable it fail to understand the psyche of the combatants, especially those on Assad’s side. The reality is the real obstacle to serious talks in Syria is the regime itself, much more so than rebel intransigence or opposition incompetence. The Assad Camp still believe that events can be rolled back and that the regime under Assad leadership can and should survive. The idea of compromise is not an acceptable outcome for them, because they have long developed a belief that concessions, marginalization and defeat amount to the same thing. This mentality cannot be challenged until military realities on the ground have dramatically changed in favor of the rebels, including finding ways to neutralize Assad’s air superiority. Until this happens, no serious dialogue, hence no political solution, is possible.

 

Increased militarization at a time when opposition leader, Moaz Al-Khatib, has come out in favor of a conditional dialogue, might seem counterintuitive to some, but that’s only because their basic proposition about this conflict tend to be theoretical and fundamentally flawed. In fact, now that the international community has a credible partner in Moaz Al-Khatib, one who is willing to bravely go against the prevailing assumptions in his camp in order to seek resolution to the current crisis, the international community can now begin to seriously hedge its bets on the opposition. Facilitating a flow of weapons into the hands of moderate rebels will only enhance Moaz’s standing among them, allowing him to emerge as a leader with relevance on the ground, capable of delivering on promises when the time comes for transitioning beyond Assad rule.

 

Now more than ever, we have to think outside the usual box. Arab media report that Moaz Al-Khatib will be taking part on Friday in a meeting putting him together with American VP, Jo Biden, Russian FM Sergei Lavrov and UN envoy Al-Akhdar Al-Ibrahimi. It will be interesting to see what comes out of this.

 

 Video Highlights

 

Despite the ongoing shelling of their town, members of the local town council of Daraya, Damascus Suburbs, held their first even press conference, and briefed attending journalists on the conditions in the town and the nature of ongoing clashes with the regimehttp://youtu.be/nz7D2gcLw-g Rebels vow to continue their resistance. Scenes from the ongoing clashes in Daraya: a sniper targets but misses a local photographer http://youtu.be/BZlNO4Uw3II Attacking the regime’s marauding tanks http://youtu.be/ph37HXg6gqw keeping them at the outskirts of the town http://youtu.be/v7z0VsWd8pI But more than 80 days of bombardment have taken their toll http://youtu.be/HDuTbiKKvjE

 

Elsewhere in Damascus City, local activists in Al-Qadam find a number of unidentified bodies belonging to people who seem to have been summarily executed by pro-Assad militias http://youtu.be/VCRL3lT9W7o And the pounding continues http://youtu.be/duimowBab10 ,http://youtu.be/I13fz43fVcg , http://youtu.be/L7cPdTePhHU Homes catch on fire http://youtu.be/S02UmBodu54 The neighborhood of Midan is also targeted http://youtu.be/uvyBRSgCHCI Nearby town of Harasta, Eastern Ghoutah, witnesses intense clashes http://youtu.be/CIG83nJh4Jw ,http://youtu.be/ba1kK4Jbuhg

 

The attack on the town of Karnaz, Hama, continues http://youtu.be/7hv5zbE82D4 , http://youtu.be/fHClovDNtj8 , http://youtu.be/dm4MjvOEHCsRebels try to take down overflying warplanes http://youtu.be/jXuykqdU_-g

 

In Aleppo City, locals hold a mass funeral for the 80 victims of the Boustan Al-Qasr massacre http://youtu.be/fQc5oBZ92EI ,http://youtu.be/jKS2zBzwfH4