Rights

Happy 20th Birthday, Convention on the Rights of the Child

Mark Leon Goldberg November 20, 2009 - 9:58 am

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The most ratified treaty in the world turns 20 years old today.  On November 20 1989, the Convention on the Rights of Child entered into force.  Today only two countries remain outside the treaty: Somalia...and the United States.  (Somalia is without a functioning government.  The United States is without a functioning Senate.) To mark the anniversary, UNICEF  released a report today, "State of the World's Children, 2009" and UNICEF director Ann Venemen highlighted some of the Convention's accomplishments.

Ms. Veneman said one of the Convention’s most significant achievements has been its contribution to a reduction in the annual number of deaths of children under the age of five – from 12.5 million in 1990 to fewer than 9 million in 2008.

 She went on to point out that about 84 per cent of primary school-aged children are now in school, and the so-called gender gap – the numbers of boys compared to girls who are in school in the developing world – is shrinking.

UNICEF also has a nifty create-your-own chart feature on their website in which you can select countries and indicators to compare.  I thought this selection might be a geographically representative sample.  As you can see, only Equatorial Guinea saw and increase in child mortality since 1990.  Not sure what happened there, as opposed to say, Burundi, but the overall trends seem to be going in the right direction. 

 

 

 

Sudan activist group targets White House affiliated Facebook networks

Mark Leon Goldberg November 17, 2009 - 11:07 am

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You have to hand it to Sudan Now.  In August, the coalition of Sudan activist groups bought full page ads in two Martha's Vinyard newspapers while the Obamas vacationed there.  Now, as the president and his top staff embark on tour of Asia, Sudan Now has launched a Facebook ad campaign targeting Facebook users who are part of the "EOP Staff" and the "Obama for America" Facebook groups.   Obama for America is Obama's campaign group and "EOP" is Washington-ease for the Executive Office of the President, which includes everything from the National Security Council to the White House Office of Management and Budget.

China is a major economic partner with Sudan, and Sudan Now wants Obama to take up human rights issues during his conversations with Chinese leaders and "encourage China to use its position of influence to back real consequences for those who continue to attack civilians, block life-saving aid and undermine peace."

The new ads will run on these two Facebook networks for the duration of the President's China visit. 

 

 

 

 

 

 

 

Emma Thompson, Helen Bamber honored at UN

Mark Leon Goldberg November 12, 2009 - 9:23 am

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I headed up to the UN yesterday for the Dag Hammarskjold Scholarship Fund for Journalists and Inspiration Award luncheon. As the event’s name would suggest, the lunch served two purposes. First, it honored four recipients of the aforementioned fellowship, which is a program of the UN Correspondents Association that funds reporting projects for four journalists from the developing world during a ten week stint at the UN. (The UN Foundation is a sponsor).

And wow, what an impressive group this was. It included a multiple-award winning journalist from the Philippines, who just happened to be at the UN when hurricanes rocked her island last month; a Ghanaian television reporter who spoke of his experience of being from a region where the UN is quite active; an Egyptian who extolled the virtues of free press as a liberalizing force; and an heroic journalist from Pakistan’s North-West Frontier province who recalled his harrowing experience of being kidnapped by the Taliban last year for reporting on their affronts to women in Peshawar.

Prior to presentations from the fellows, Ban Ki Moon explained the necessity of the media for the work of the UN but lamented the fact that western media voices tend to be over-represented at the UN. This fellowship, in its small but not insignificant way, is meant to correct that imbalance.

The event also honored the Academy Award wining actress and screenwriter Emma Thomspon for her work to combat human trafficking. Thompson, in turn, presented the Dag Hammarskjold Inspiration Award to the psychiatrist Helen Bamber, who created a foundation to treat victims of torture and human trafficking.

Bamber’s acceptance speech was easily the highlight of the day. She is a British woman over 80 years old, who stands no more than 4 feet 7 inches tall. In 1945 she was a psychologist with an army unit that liberated the Bergen-Belson concentration camp. She immediately attended to the emotional needs of the camps victims, even as they lay dying in front of her. It was that moment, she said, that inspired her to devote her life to caring for and treating victims of torture. At the age of 80, Berber started a foundation to care for the psychological needs of trafficked women. She was rightfully honored for her life’s dedication to attending to the psychological needs of the world’s most vulnerable people. I felt privileged to hear her story.  

 

Inside the General Assembly debate on the Goldstone Report; UPDATE V (Final Vote)

Mark Leon Goldberg November 5, 2009 - 12:11 pm

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Today is a big day of debate and maneuvering at the General Assembly over a resolution on the Goldstone Report. The end results of these negotiations will foretell the degree of support that the resolution will receive when it comes to a vote, likely tomorrow. (See this post from yesterday for more on the substance of the resolution and the EU's proposed edits.)

The big question is whether or not the EU will end up supporting the resolution. A close watcher of today's General Assembly discussion passes along these observations:

There is currently a divide within the EU group as to what language can be accepted in the resolution on Goldstone. The resolution currently reads, “Endorses the report of the Human Rights Council on its Twelfth Special Session of 15-16 October 2009”. This is unacceptable to the EU members [particularly the Netherlands and Italy] who either voted against or abstained from voting at the special HRC session.

The question is now whether the sentence will be taken out, in which case the EU will either abstain or vote in favor of the resolution. If not, the draft will most likely not receive important backing from the EU, leaving the Palestinian delegation to add more hard line language on Israel. The Palestinian delegation and the EU are currently engaged in consultations on this issue, with an outcome expected this evening

 

The observer also adds, "The U.S. has made the decision to speak after the vote (as an explanation of vote). There are currently 43 speakers on the list...and the session is likely to continue tomorrow. Consequently, the vote and the U.S. statement will also take place tomorrow."  We'll update as new information comes to light as to whether or not the offending clause is deleted.

 

UPDATE:  Our source at the GA says, "EU Ambassadors are currently meeting to discuss the joint EU position on the Goldstone draft resolution, which remains unclear. It looks like the majority of the EU would vote yes on a resolution where "endorse"  is replaced by less strong language, such as "takes note" or even "takes note with appreciation."  Some of the EU hardliners are expected to vote against this. However, if the Palestinian delegation does not alter the language in the draft as it stands now, this will all change."


UPDATE II:  From our GA insider this morning:  "The Swedish Presidency has received a counter-proposal from the Palestinians to amend two perambulatory clauses, as well as the operative clause which “endorses” the report of the Human Rights Council on its Twelfth Special Session of 15-16 October 2009 to instead read “welcomes”.

According to the Swedish presidency, these changes may not be sufficient to secure ample EU consensus to support the resolution. Several delegations will have a hard time “welcoming” the report, and have been checking back with capitals overnight for further instructions. The European ambassadors have been meeting this morning to discuss the counter-proposal. However, EU "hardliners" may still not go along with the new formulations."   

 

The drama continues! 

 

UPDATE III: Big news, I am told, "the Palestinians have rejected the proposed EU language modifications, which means that delegations will be voting on the original draft resolution which reads 'endorses the HRC report.' Action is not likely to be taken before 5 o’clock." 

It will be interesting to see how widespread the support for the GA resolution will be considering the language may now be too harsh for many European countries. 

 

UPDATE IV:  The USA votes against the resolution, not surprisingly.  Here is the explanation of the the vote from Deputy Perm Rep, Ambassador Alejandro Wolff:

The United States remains deeply concerned about the human suffering of the Palestinian and Israeli peoples that results from the ongoing Arab-Israeli conflict. The best way to end that suffering is to bring about a comprehensive peace in the region, including two states, Israel and Palestine, living side by side in peace and security. The United States is firmly committed to pursuing that goal. As we urge the parties to restart permanent status negotiations leading to the creation of a Palestinian state, we should all be seeking to advance the cause of peace—and doing nothing to hinder it.

The United States strongly supports accountability for human rights and humanitarian law violations in relation to the Gaza conflict. Our goal is to achieve genuine accountability in a way that respects internal processes and the ongoing efforts to restart permanent status negotiations between Israel and the Palestinians.

As the United States made clear in Geneva, we believe that the Goldstone Report is deeply flawed—including its unbalanced focus on Israel, its sweeping conclusions of law, the excessively negative inferences it draws about Israel’s intentions and actions, its failure to deal adequately with the asymmetrical nature of the Gaza conflict, its failure to assign appropriate responsibility to Hamas for its decision to base itself and its operations in heavily civilian-populated urban areas, and its many overreaching recommendations.

First, let me point out that we appreciate that the resolution under consideration calls on both Israel and the Palestinians—although it does not name Hamas—to pursue investigations of the allegations that pertain to each of them in the Report. This is an advance over the original one-sided mandate provided by the Human Rights Council to the Goldstone Commission. We will continue to call for all parties to meet their responsibilities and pursue credible domestic investigations.

Nevertheless, we also have real concerns about this resolution.

Given the far-reaching legal conclusions and recommendations of the 575-page Goldstone Report, including findings that have serious implications for conflicts in other parts of the world, we do not think it appropriate to endorse the Report in its entirety.

Attempting, as this resolution does, to press the Security Council to take this matter up is equally unconstructive. The Security Council is already seized of the situation in the Middle East and holds monthly meetings on the topic, the only subject on the Council’s entire agenda that is discussed with such frequency. As many member states have made clear, the appropriate forum for discussion of this report is the Human Rights Council.

The resolution also unhelpfully introduces international supervision of the investigations to be undertaken by the parties that would interfere with the parties’ ability to conduct their own processes.

The proposed convocation of the High Contracting Parties to the Fourth Geneva Convention is also unnecessary and unproductive. Convening a conference of the Contracting Parties to the Geneva Convention for the purpose of spotlighting one country would only heighten divisions and could set back the process of restarting permanent status negotiations. This and the other imbalanced references to the parties throughout the text—including the failure to mention Hamas by name—convey the impression that this body is, yet again, handling Arab-Israeli issues in an unbalanced manner.

 For these reasons, we will vote against the resolution. But we believe that lifesaving progress can be made if we can lift our sights and look toward a more hopeful future. The United States will continue to work resolutely in pursuit of a just and lasting peace.

 

Thank you Mr. President.

UPDATE V: Here is the final vote count, by country.  There were 114 Yes votes, 18 No votes, and 44 abstentions.

 

 

 

 

 

Picture: flickr.

 

 

 

 

General Assembly debates dueling Goldstone Report proposals

Mark Leon Goldberg November 3, 2009 - 11:32 am

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The General Assembly will take up the Goldstone Report in a session tomorrow.  There are two competing resolutions circulating.  The first (below) is drafted by Arab states and calls for the Secretary General to transmit the report to the Security Council.  The EU, lead by France and Germany, are trying to prevent that outcome by inserting language in the resolution that calls on both the Palestinians and Israeli's to pursue internal investigation into alleged war crimes, the credibility of which would be verified by the High Commissioner for Human Rights before a future Human Rights Council meeting.  Specifically, the EU text:

"Urges the parties to launch appropriate independent investigations, in conformity with international standards, into the allegations of serious violations of [international humanitarian law] and international human rights law] reported by the Mission, requests the [High Commissioner for Human Rights] to report on their undertakings to the next session of the Human Rights Council and requests the Secretary-General to report to the General Assembly on developments by xxx."

This essentially means kicking the report back down to the Human Rights Council rather than up to the Security Council.  It will be interesting to see how the P-5 vote on this.  This is a position much closer to what the United States wants, but it is still hard to see the United States voting for a resolution in any form, particularly given the fact that the United States Congress will vote today on a measure today condemning the Goldstone Report.  Meanwhile, China and Russia are probably loathe to vote for something that effectively sets a precedent by which "internal" human rights issues are discussed at the Security Council.  

In any event, this will be a closely watched vote tomorrow. 

 

 

 

Draft from Arab states

 

2 November 2009

 DRAFT

 GENERAL ASSEMBLY - 64th SESSION

 AGENDA ITEM: Human Rights Council Report

 Follow-up of the Report of the United Nations Fact Finding Mission on the Gaza Conflict (Goldstone Report)

 The General Assembly,

 Guided by the purposes and principles of the Charter of the United Nations,

 Recalling the relevant rules and principles of international law, including international humanitarian and human rights law, particularly the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, which is applicable to the Occupied Palestinian Territory, including East Jerusalem,

 Recalling also the Universal Declaration of Human Rights and the other human rights covenants, including the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, and the Convention on the Rights of the Child,

 Recalling its relevant resolutions, including resolution ES-10/18 of 16 January 2009 of its tenth emergency special session,

 Recalling also the relevant Security Council resolutions, including resolution 1860 (2009) of 8 January 2009,

 Recalling the relevant resolutions of the Human Rights Council, including resolution S-12/1 of 16 October 2009,

 Expressing its appreciation to the “United Nations Fact Finding Mission on the Gaza Conflict” led by Justice Richard Goldstone for their comprehensive report,

 Affirming the obligation of all parties to respect international humanitarian law and international human rights law,

 Emphasizing the importance of the safety and well-being of all civilians, and reaffirming the obligation to ensure the protection of civilians in armed conflict,

 Gravely concerned by reports regarding serious human rights violations and grave breaches of international humanitarian law committed during the Israeli military operations in the Gaza Strip that were launched on 27 December 2008, including the findings of the “United Nations Fact Finding Mission on the Gaza Conflict” and the Secretary-General’s Board of Inquiry,

 Condemning all targeting of civilians and civilian infrastructure and institutions, including United Nations facilities,

 Stressing the need to ensure accountability for all violations of international humanitarian law and international human rights law for preventing impunity, ensuring justice, deterring further violations and promoting peace,

 Convinced that achieving a just, lasting and comprehensive settlement of the question of Palestine, the core of the Arab-Israeli conflict, is imperative for the attainment of a comprehensive, just and lasting peace and stability in the Middle East,

1. Endorses the report of the Human Rights Council on its Twelfth Special Session of 15-16 October 2009;

 2. Requests the Secretary-General to transmit the report of the “United Nations Fact Finding Mission on the Gaza Conflict” to the Security Council;

 3. Calls upon the Government of Israel to take all appropriate steps, within a period of three months, to undertake investigations that are independent, credible and in conformity with international standards into the serious violations of international humanitarian and international human rights law reported by the “United Nations Fact Finding Mission on the Gaza Conflict” towards ensuring accountability and justice;

 4. Urges, in line with the recommendation of the “United Nations Fact Finding Mission on the Gaza Conflict”, the undertaking of investigations that are independent, credible and in conformity with international standards, within a period of three months, by the Palestinian side into the serious violations of international humanitarian and international human rights law reported by the “United Nations Fact Finding Mission on the Gaza Conflict” towards ensuring accountability and justice;

 5. Recommends to the Government of Switzerland, in its capacity as depositary of the Fourth Geneva Convention, to undertake the necessary steps as soon as possible to reconvene a Conference of the High Contracting Parties to the Geneva Convention on measures to enforce the Convention in the Occupied Palestinian Territory, including East Jerusalem, and to ensure its respect in accordance with common article 1;

 6. Requests the Secretary-General to report to the General Assembly, within a period of three months, on the implementation of the present resolution, with a view to considering further action, if necessary, by the relevant United Nations organs and bodies, including by the Security Council;

 7. Decides to remain seized of the matter.

 

Proposed EU Changes:

1. Takes note of the report of the Independent International Fact-Finding Mission and expresses concern at the allegations of breaches of international humanitarian and human rights law.

 2. Condemns all targeting of civilians and United Nations facilities.

 3. Emphasises the obligation of all parties to the conflict to respect international humanitarian law and international human rights law.

 4. Stresses the urgent need to ensure accountability for all violations of international human rights law and international humanitarian law to deter further violations.

 5. Urges the parties to launch appropriate independent investigations, in conformity with international standards, into the allegations of serious violations of IHL and IHRL reported by the Mission, requests the HCHR to report on their undertakings to the next session of the Human Rights Council and requests the Secretary-General to report to the General Assembly on developments by xxx. 

 

 

U.N. official deported from Zimbabwe

Mark Leon Goldberg October 29, 2009 - 8:59 am

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The UN Special Rapporteur on Torture Manfred Nowak was deported from the airport in Harare yesterday.  Prime Minister (and Robert Mugabe's top political rival) Morgan Tsvangirai invited Nowak to his office in Harare yesterday. But upon arriving at the airport, Nowak was detained by immigration officials and forced on the next plane back to South Africa. 

Here is the story, as told from Nowak's point of view:

Mr. Nowak was invited by the Minister of Justice of Zimbabwe, Mr. Chinamasa, to conduct a fact-finding mission to the country from 28 October to 4 November 2009. While in transit in Johannesburg on 27 October, he was informed that the Minister of Foreign Affairs, Mr. Mumbengegwi, had decided on 26 October to postpone the mission.

 Waiting in Johannesburg, the Special Rapporteur was informed by letter dated 27 October, that the Prime Minister of Zimbabwe, Mr Morgan Tsvangirai, wished to meet him in his office in Harare on 29 October at 10:00 a.m. He was also informed that he would be picked up at Harare Airport by an official of the Protocol Department of the Ministry of Foreign Affairs. Consequently, the Special Rapporteur flew to Harare in the evening of 28 October 2009, to meet the Prime Minister and to discuss with different members of the Government how best to conduct the mission under the changed circumstances.

 Upon arrival at Harare Airport at 9:20 p.m. on 28 October, the Special Rapporteur and his team were not met by a Protocol Officer, but by the Head of Airport Immigration, Mr. Nabika. Although the Special Rapporteur and his assistants had valid visas, Mr. Nowak was told that his entry was not cleared by the Minister of Foreign Affairs and that, in the absence of such clearance, he would have to fly back to Johannesburg the next morning. He spent the night at the airport and was sent back on the first flight to Johannesburg on 29 October at 7:20 a.m. All efforts by the United Nations, the Prime Minister, his Secretary, and both Co-Ministers of Home Affairs to facilitate Mr. Nowak’s entry proved unsuccessful. A high level delegation sent by the Prime Minister to go to the airport was even denied access and told that the Special Rapporteur was no longer held at the airport.

 The Special Rapporteur strongly protests against such treatment by the various authorities of the Government of Zimbabwe. He urges the Government to fully investigate this incident and to clarify who bears responsibility for the denial of his access to the country. He will report about these experiences to the Human Rights Council.¨

 

 

General Assembly to take up Goldstone Report next week

Mark Leon Goldberg October 28, 2009 - 11:58 am

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The General Assembly will discuss the Goldstone Report next week, and in all likelihood the Assembly will pass a resolution recommending that the Security Council seize itself of the matter.  I dare say, though, that this will likely be the end of the line for the report.  The United States' objections to the report are well known.  Also, China and Russia are unlikely to set a precedent in which their human rights record might someday be examined. As one close UN watcher told me, there is no appetite from the P-5 to take this on.   After next weeks General Assembly vote, it would seem that the report has finally run its course.  

That said, I think it is important not to lose sight of the ultimate conclusion of this report, which is that in order for lasting peace to take hold there must be some sort of accountability mechanisms for crimes committed by both sides during the conflict.    In the political storm surrounding the report, that basic point is too frequently lost. 

 

Also, don't miss this excellent interview with Judge Goldstone from Bill Moyers.   

 

Iraqi asylum seekers forcibly returned from...Europe?

Mark Leon Goldberg October 26, 2009 - 11:18 am

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The UN Refugee Agency set out guidlines last April which advised that asylum seekers from central Iraq be considered in need of international protection due to the human rights and security situation in central Iraq.  Not all governments, however, are taking heed.  From the UN Refugee Agency:

...the UK attempted to forcibly return 44 Iraqi men to Baghdad earlier this month. They were reportedly unsuccessful asylum claimants held in immigration removal centres in the UK. Iraq only accepted 10 who were allowed to leave the chartered aircraft in Baghdad, and the remaining 34 were returned to the UK and placed in immigration centres.Other European states have signed readmission agreements with Iraq for voluntary and forced return. Denmark has forcibly returned 38 people originating mainly from Central and Southern Iraq since signing its agreement in May 2009. Sweden has undertaken some 250 forced returns with an unspecified number of returnees originating from the five central governorates of Iraq since signing an agreement in February 2008. UNHCR has also concerns about the safety and dignity of these returns.

This is just awful.  Imagine that you are from Anbar and managed to survive Saddam's brutality, the war, the civil war, and -- against all odds -- escaped to Europe.   Now imagine that upon setting foot on European soil you apply for asylum only to be forced back on a plane to Bagdhad. It is hard to contemplate the disappointment and frustration one would feel in that situation. 

I dare say that the UK, like the United States, bears a certain amount of responsibility for the plight of Iraqi refugees.  Returning asylum seekers to places that the UN says is unsafe is an abrogation of that responsibility.  

 

UN Plaza: Talking U.S. Sudan policy

Mark Leon Goldberg October 26, 2009 - 6:56 am

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In this edition of UN Plaza, I speak with Sam Bell of the Genocide Intervention Network about the administration's newly released Sudan policy review.

 

Human Rights Council endorses Goldstone Report

Mark Leon Goldberg October 16, 2009 - 10:43 am

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The UN Human Rights Council passed a resolution endorsing the Goldstone Report, which found evidence suggesting that the Israeli Defense Forces and Hamas may have committed war crimes during Operation Cast Lead last winter (but reserves its harshest criticisms for Israel.)  The report was discussed at the council for a vote for the first time earlier this month, but the Palestinians (under heavy pressure from the United States) opted to defer a vote on the resolution until the Council met again in March.  The Palestinian leadership, however, come under heavy domestic pressure from this decision and so reversed course and called for a special session of the council to vote on the Goldstone Report. 

This episode is being closely watched in Washington because it presents the first real test of American engagement at the council.  As I wrote at the time, the first non-vote was a pretty good example of the United States effectively pursuing its interests through diplomacy at the council. While this second vote did, in fact, endorse the report (an outcome the United States was trying to avoid) the final vote count was pretty weak: 25 in favor, 6 opposed, and 11 abstentions.  This means that the issue has probably run its course.  There is very little chance that (as the report suggests) the Security Council will consider granting the International Criminal Court jurisdiction over the crimes. 

 What does this say about U.S. engagement at the Human Rights Council? It is impossible to predict what would have happened should the United States have simply stayed out of this debate (as it has largely done since the council was formed in 2005). But I think it is fair to say that the United States was able to steer the result of this debate at least closer to its preferred outcome than had it simply remained on the side-lines. 

Here is a breakdown of the final vote:

 

 

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