Will Libya’s new Government Issue in a new Period of Human Rights?

By Justin Dorman
Impunity Watch Reporter, Middle East

TRIPOLI, Libya – On November 14, 2012, Libya swore in its new government. The new Prime Minister is Ali Zeidan, a former human rights activist. The new justice minister is Salah Marghani, a former human rights lawyer.

New Prime Minister Zeidan, a former human rights activist, enters a situation in which he rules over a country that currently is illegally detaining around eight thousand people. (Photo Courtesy of Magharebia)

“I take full responsibility for the safety and security of all Libyans equally, including those who sided with the former regime,” said Zeidan. The new Prime Minster is committed to running a country where the rule of law and conceptions of justice are central to the government. With justice as an important tenet to the new regime, the government seeks to place special emphasis on human rights.

If the new government is going to make good on its claims, it is going to have to address the current detainee crisis which plagues Libya. Currently, there are eight thousand individuals who are held in illegal detention. Four thousand of these individuals are under government detainment. Many of those four thousand held by the government have yet to been charged with anything and are denied access to legal consultation and representation. The other four thousand detainees are being held by armed groups who have no legal right to hold anyone within their control.

Those currently in custody are mainly men and most have been detained for more than a year. Most of these men held various affiliations with the Gaddafi regime. Many others though are foreign nationals from Sub-Saharan Africa.

Hassiba Hadj Sahraoui, Deputy Middle East and North Africa Director at Amnesty International believes that, “[i]t is shameful that Gaddafi-era abuses against foreigners, especially those from Sub-Saharan Africa, have not only continued but worsened. The Libyan authorities must acknowledge the extent of the abuse by militias and put in place measures to protect all foreign nationals from violence and abuse.”

Currently, the amount of armed forces groups in Libya, many of which hold detainees, far outnumbers the amount of actual official armed forces employed by the government. A law was passed four months ago during the transitional government that stated that “all supporters of the former reigme” detained by militia should be brought before judges and charged. It is roughly four months later, and practically no one has followed this transitional decree.

Libya’s Criminal Procedure Code clearly restricts non-governmental groups from holding the authority to arrest and detain others. Moreover, such detentions are also disallowed under the International Covenant on Civil and Political Rights under international law. There is only an exception made for when there is a national emergency in which the country’s criminal codes are insufficient to deal with the matter. This is not the current case with Libya.

Those in detention are not subject to the greatest of treatment. Since May of last year there has been some reports of torture and at least three men have died while under militia custody.

If Libya’s new government is going to be as just as it purports to be, then these detainees are either going to have to be charged or released.

For further information, please see:

Human Rights Watch – Libya: New Government Should end Illegal Detention – 16 November 2012

Magharebia – Libya Inaugurates new Government – 16 November 2012

Tripoli Post – Human Rights Watch Urges New Libyan Government to Free Illegal Detainees – 16 November 2012

Amnesty International – Libya: foreign Nationals Face Abuse and Exploitation – 13 November 2012

Syrian Revolution Digest – Saturday 17 November 2012

Free the Air!

Syrian Revolution Digest – November 17, 2012 

Liberating the land but not the air does not a victory make. Unless rebels are able to neutralize Assad’s airpower the mere possibility of organizing local governments is rendered meaningless, and all hopes for transitioning beyond the current mayhem are dashed. This is not something that the rebels can accomplish without external support. The international community needs to move beyond symbolic gestures in its dealings with the Syrian opposition. The Russians, by their own admission, are definitely providing much more than symbolic support to Assad. The rebels deserve no less from their international sympathizers.

Today’s Death Toll:  136 (including 3 women and 6 children)
63 in Damascus and suburbs (including 7 in Harasta)
30 in Aleppo
21 in Deir Ezzor
11 in Idlib
4 in Homs
2 in Daraa
2 in Hama

Points of Random Shelling: 153
91 by artillery
44 by mortar
20 by missiles
Regime warplanes conducted aerial raids in 13 regions and released barrel bombs in Mayadeen (Deir Ezzor) and Daret Azzah (Aleppo) They also used vacuum bombs in 5 areas, and poison gas bombs in Harasta in Damascus Suburbs

Clashes:  82

Developments: Rebels attacked a convoy of tanks on its way to Eastern Bowaida in Damacus Suburbs. They also attacked the checkpoint in Hirak, Daraa, and in the Shaghour and Sina’a checkpoints in Damascus. In Aleppo, rebels stormed the agricultural school that had been transformed into a barracks by regime forces; they also stormed the 46th regiment that had been bombing areas in Aleppo countryside (LCC).

 

News

Turkish Cameraman Set Free by Captors in Syria

In Bold Move, France Welcomes Syria Ambassador

Syria rebels say seize airport near Iraqi border

Turkey to ask NATO for missiles on Syria border: German daily

Obama urged to consider no-fly zone in Syria Key U.S. Senators, including an influential Democrat are calling on President Barack Obama to consider establishing a no-fly zone in Syria.

 

Special Reports

Syria: Spillover into Iraq? By Aymenn Jawad Al-Tamimi
Given Syria’s trade ties with Iraq, a post-Assad regime would be more likely to take on a role as mediator, advisor in Iraqi politics.

Inside Syria, a Grandma Faces Down War
Syrian doctors routinely treat the war injured, knowing that if they are caught doing this they may be tortured to death by the Assad regime’s security services.

Mapping Syria’s armed opposition: A sketch of rebel units, leaders and organizations.

 

Video Highlights

Rebels take control of Al-Hamdan Airport in Alboukamal, Deir Ezzor Province http://youtu.be/XXzpJ2Oud8Y ,http://youtu.be/7uGlq_GPSqM , http://youtu.be/dijsOT-UXDk , http://youtu.be/kaY3GErC2VA ,http://youtu.be/MlB02lt4Yqs Spoils of war http://youtu.be/gwXAUBab-dY

Summary executions in Bahdaliyeh, Damascus Suburbs http://youtu.be/6ChUFEX_6DY A child among the dead inJisreen http://youtu.be/cPiUSekZe68 Aerial bombardments claim more victims in Harastahttp://youtu.be/gsUU7dYF3jI More aerial bombardment of Eastern Ghoutah Region: Jisreenhttp://youtu.be/0kdYeWcn5ug Hamouriyeh http://youtu.be/6EZ3IU3h3lY

Transporting the victims of the pounding in Haydariyeh, Aleppo City http://youtu.be/MJljPpueiLo , http://youtu.be/4-8_oalLe1s , http://youtu.be/Mkik2sIohfY , http://youtu.be/giKBfuDAa38

Clashes in Hirak, Deraa Province http://youtu.be/Sg8ec7bTNgQ , http://youtu.be/x8QCBG-av7Q

Thousands Attend Controversial Nationalist’s Funeral in Mumbai

By Karen Diep
Impunity Watch Reporter, Asia

NEW DELHI, India – Today, the body of Bal Thackeray, a controversial Hindu nationalist and politician, was cremated in Mumbai.  Prior to the cremation, hundreds of thousands filled the streets to pay their respects.

Bal Thackeray’s son by his bedside at the funeral in Mumbai. (Photo Courtesy of Hindustantimes)

According to Indian Express, political leaders, celebrities, allies and rivals attended the funeral, which took place at Shivaji Park.  This event marked as Mumbai’s first public funeral since 1920.

“As far as I know, this is the first time since independence that a person has been cremated at a public platform in the city,” shared former Mumbai Police Commissioner Julio Ribeiro.

Suffering from respiratory and pancreatic difficulties, Mr. Thackeray passed away on Saturday.

Mr. Thackeray founded the right-wing Shiv Sena party in 1966 and possessed a hefty following before his death.  He was also influential in the renaming of Bombay to Mumbai in order to separate itself from its colonial past.

According to BBC, Mr. Thackeray is one of the “most divisive figures in Indian politics” and has allegedly used the Shiv Sena party as vehicle to keep South Indian migrants out of Maharashtra and thwart the spread of Islam.

“Only Marathis [residents of Maharashtra] have the first right over Mumbai,” Mr. Thackeray wrote last year in the Shiv Sena newspaper.

In 2002 and 2008, Mr. Thackeray urged Hindus to create suicide squads to combat Muslims.  Furthermore, in 1992 and 1993, the Indian government launched an inquiry into the riots in Mumbai and subsequently attributed Shiv Sena members for administering attacks on Muslims.

Thus, Mr. Thackeray is accused of inciting and exacerbating tensions between Hindus and Muslims.

When accused of harboring anti-Muslim sentiment, Mr. Thackeray denied such allegations.  Moreover, authorities never convicted Mr. Thackeray of any offence.

 

For further information, please see:

BBC News – Bal Thackeray funeral: Thousands mourn right wing leader – 18 November 2012

IBNlive – Bal Thackeray’s funeral the first on public ground since 1947 – 18 November 2012

Indian Express – State funeral for Bal Thackeray, calm city lines – 18 November 2012

IKEA Suppliers Used Forced Labor to Make Furniture in Eastern Germany

By Madeline Schiesser
Impunity Watch Reporter, Europe

STOCKHOLM, Sweden – Swedish furniture giant, IKEA, acknowledged in a press release on Friday that political prisoners were used as forced labor in the manufacturing of IKEA parts some 25 to 30 years ago in communist Eastern Germany.  Jeanette Skjelmose, Head of Sustainability says, “We regret deeply that this could happen. Using political prisoners in production has never been accepted within IKEA.”

IKEA “deeply regrets” the use of political prisoners as forced labor. Embarrassingly, IKEA’s corporate responsibility motto is “low price but not at any price”. (Photo Courtesy of The Telegraph)

The announcement was prompted by the findings of an internal audit conducted by accountants Ernst & Young, which poured over 20,000 pages of IKEA’s internal records documents and 80,000 archived German items.  Also, about 90 people were interviewed.

The Ernst & Young study found that IKEA had given contracts to the East German (GDR) government.  It further found that political and criminal prisoners were involved in manufacturing for IKEA suppliers there, and it was likely that at the time some IKEA representatives were aware of this likelihood.  The use of forced labor in East German state-owned companies continued until the fall of Communism in 1989.

However, the study has already been denounced as “unscientific” by Roland Schulz, VP of an association representing East German Communist regime victims.  Calling for historians and political scientists to carry out a more thorough investigation, he explains that, “IKEA as the guilty party is itself conducting the investigation rather than leaving it to unbiased sources. Therefore we strongly doubt the validity of the results.”

IKEA commissioned the study after a 2011 German documentary from and 2012 Swedish Television reports claimed that, based on documents from the Stasi archives and statements from former political prisoners of the Stasi, IKEA’s suppliers used political prisoners as inexpensive labor.  The Stasi were the much feared secret police of the former GDR.

According to Stasi records, in one case political prisoners were used as unpaid labor to build sofas at a factory in Waldheim.  The factory and prison stood side by side.  Hans Klare, a former inmate at Waldheim who worked on sofa production there, described conditions as “slave labor.”  He remembers sleeping above the factory floor and working long hours with little rest and in dangerous conditions.

Initially, IKEA denied the accusations in April, claiming that it had conducted an internal investigation and found no evidence at political prisoners were used in production.

However, this week IKEA announced plans to make a donation to support the research of UOKG, a German charity for victims of the former Communist regime.  UOKG has campaigned for compensation for many former prisoners, on the grounds that they remain psychological and physical burdened by their time doing forced labor.

UOKG chairman Rainer Wagner praised IKEA for “tak[ing] the lead on this, for which we are very grateful,” and acknowledged that IKEA was one of many companies that benefited from forced prison labor during the Communist era.

However, former prisoners may still yet demand compensation from IKEA.

In the press release, IKEA states that while it tried to take steps to ensure that prisoners were not used in production, “it is now clear that these measures were not effective enough.”

Skjelmose also added that IKEA has reduced the risk of something similar being able to happen again.  IKEA presently has rigorous codes of conduct for suppliers, and works closely with suppliers and external inspections.  Furthermore, they carry out more than 1,000 audits each year to ensure compliance with this code.

However, some argue that IKEA should not have worked with the former GDR initially.  “They didn’t ask who were producing their furniture and under what kind of conditions,” Dr Hubertus Knabe, director of the Stasi Prison Memorial said, prior to the publishing of the Ernst & Young report.

“In each case you are responsible [for] with whom you are dealing and if you are dealing with dictatorship, if you don’t have a look under what kind of conditions your furniture is produced, then you are responsible for that.”

For further information, please see:

Sveriges Radio – Tysk kritik mot Ikea:s utredning om DDR-fångar – 17 November 2012

BBC News — Ikea ‘Deeply Regrets’ Use of Forced Labour – 16 November 2012

The Independent –  Ikea Used Forced Prison Labour to Make Furniture – 16 November 2012

The Local – Ikea Admits Using East German Prison Labour – 16 November 2012

Sveriges Radio – Ikea erkänner: Vi använde politiska fångar i DDR – 16 November 2012

Sveriges Radio – Political Prisoners Built Ikea Furniture – 16 November 2012

The Telegraph – Ikea ‘Regrets’ Forced Labour Use in East Germany – 16 November 2012

The Local – Ikea rejects East German prison labour claims – 28 April 2012

Employee Victorious in Breach of Contract Claim After Demotion Over Facebook Comment

By Alexandra Sandacz
Impunity Watch Reporter, Europe 

LONDON, United Kingdom – Adrian Smith, a Christian man, was demoted from his job for a Facebook comment that denounced gay marriages as “equally too far.” After facing a 40% salary cut, Smith won a breach of contract action against his employer.

Adrian Smith demoted after leaving anti-gay marriage message on Facebook. (Photo Courtesy of The Huffington Post)

Smith faced disciplinary action after he wrote an opposition to gay marriage comment on Facebook in February of 2011. In addition to his religious comments, Smith also listed his place of work on his Facebook page. His employer, Trafford Housing Trust, feared Smith’s comments could be viewed as representative of his employer.

Trafford Housing Trust alleged Smith breached the code of conduct for its employees, and acted “contrary to the Trust’s equal opportunities policy.”

In his breach of contract action, Smith claimed that Trafford Housing Trust acted unlawfully in demoting him. Furthermore, he also claimed that the trust breached his human rights.

Judge Michael Briggs determined that although Adrian Smith opposes gay marriage for religious reasons, his comment on Facebook ultimately did not demonstrate misconduct in relation to his contract with Trafford Housing Trust. Judge Briggs continued to explain that Smith was demoted because of his “long record of loyal service” and “was taken to task for doing nothing wrong.”

In response to Judge Briggs decision, Smith stated, “Britain is a free country where people have freedom of speech, and I am pleased that the judge’s ruling underlines that important principle. Something has poisoned the atmosphere in Britain, where an honest man like me can be punished for making perfectly polite remarks.”

Matthew Gardiner, chief executive at Trafford Housing Trust, responded, “We fully accept the court’s decision and I have made a full and sincere apology to Adrian. At the time we believed we were taking the appropriate action following discussions with our employment solicitors and taking into account his previous disciplinary record.”

Gardiner continued, “We have always vigorously denied allegations that the Trust had breached an employee’s rights to freedom of religious expression under Human Rights and Equalities legislation.”

Sarah Henchoz, an employment lawyer at Allen & Overy LLP in London, advised that British lawmakers should create brighter guidelines on the relationship between employers and employees when it comes to personal comments on social media websites, such as Facebook and Twitter.

Henchoz believes social media has “grown and the law around it hasn’t grown as quickly. Employers are regulating that themselves internally, but there’s not going to be consistency.”

For further information, please see:

BBC News — Facebook gay wedding comment man wins demotion case – 16 November 2012

Bloomberg Businessweek — U.K. Man Wins Case Over Anti-Gay Marriage Facebook Comment – 16 November 2012

The Huffington Post — Christian Adrian Smith, Demoted For Opposing Gay Marriage On Facebook, Wins Legal Fight – 16 November 2012

The Independent – Christian demoted for posting his opposition to gay marriage on Facebook wins breach of contract action – 16 November 2012