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A WORLD OF HUMAN RIGHTS IS A PRESS REVIEW DEDICATED TO THE STATE OF HUMAN RIGHTS WORLDWIDE

Venezuela: Lethal violence, a state policy to strangle dissent

7/13/2017

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Recurrent attacks against the Venezuelan population and speeches inciting violence by the authorities indicate a premeditated policy of violent repression of any form of dissent, Amnesty International said today after a further increase in deaths during demonstrations, with at least 91 cases registered in only three months.

"What seemed to be isolated reactions by the Venezuelan authorities in the face of protests, in fact indicate a planned strategy by the government of President Maduro to use violence and illegitimate force against the Venezuelan population to neutralize any criticism," said Erika Guevara-Rosas, Americas Director at Amnesty International.

"The fact that those who think differently are the only people who are labelled as 'terrorists', who are prevented from demonstrating and against whom violence and illegitimate force is used, is proof of a strategy to silence the growing social discontent in Venezuela."

"If the authorities do not make a radical change and put an end to the premeditated violent repression against people who are considered critical of the government, irrefutable evidence will continue to accumulate for perpetrators and authorities to be held accountable before international criminal justice mechanisms."

Since protests began on 4 April, official sources cite at least 91 people killed and more than 1,400 injured in the context of the political crisis in Venezuela.

In addition, there are concerns about a probable worsening of the situation in the face of elections for the National Constituent Assembly, which will take place on 30 July in a context of high social conflict.

State violence
Over the past 3 months, Amnesty International has documented that state security forces have violently suppressed protests against the government. An analysis of the facts indicates that these acts of violent repression are not only an uncontrolled reaction on the part of some security agents, but are part of a premeditated practice of using violence to stifle critical voices.

Amnesty International has been able to corroborate that the Bolivarian National Police and the Bolivarian National Guard have unduly used non-lethal force, including firing teargas directly at dissident demonstrators. An example of this is the case of Juan Pernalete, who died after being shot directly in the chest with a tear gas canister while he was demonstrating in Caracas in April 2017. Security forces have also used lethal weapons to suppress demonstrations, resulting in deaths and injuries, including Fabián Urbina, who died on 20 June 2017 while he was protesting in Caracas from a gunshot fired by an officer from the National Guard.

Attacks against communities and individuals not participating in protests have also been documented, including massive violent raids by security forces with armored vehicles and tear gas, damaging vehicles and houses and endangering the lives of residents.

One of several examples of these attacks comes from La Isabelica, Carabobo, where inhabitants reported that in May 2017, security forces raided the community, firing tear gas directly into houses and randomly shooting at passers-by.

According to the cases documented by Amnesty International, these types of use of force, prohibited under international law, have been committed by security forces in Caracas and in Lara, Barinas, Carabobo, and Táchira states as well, indicating that these practices are not limited to one part of the country, but are much more generalized.
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At the same time, these acts of violence have been specifically directed at those identified by the authorities as dissidents and against anti-government protests. However, pro-government demonstrations are taking place without incident and have been safeguarded by the authorities, attesting to the fact that these acts of violence are aimed at silencing dissent.

In addition to acts of unlawful violence committed by state security forces, Amnesty International has evidence of several cases of armed civilian groups that have attacked the civilian population with the acquiescence of the authorities, which also seem to be linked to the same state policy of violence. These violent acts have targeted dissident demonstrations but also private homes in several states across the country, which again demonstrates the generalized nature of this strategy of violence.

There is evidence that the attacks by these groups, commonly referred to as "armed collectives", 
have occurred in the presence of state security forces and that the latter have not acted to protect the population. The most recent incident of this was the break-in by armed groups into the National Assembly on 5 July 2017, during which state security forces did nothing to intervene while armed civilians attacked members of parliament.

Creation of state apparatuses solely for violent repression
In addition, the government has created and implemented State bodies and mechanisms with a mandate to carry out acts of violent repression against the population. The development of apparatuses designed exclusively for the prosecution of demonstrators and suspected dissidents, such as the creation of the "Anti-Terrorist Command" and the increase in the number of weapons and conscripts of the Bolivarian militia, indicate a calculated preparation for the implementation of a policy of violent repression.

Declarations inciting violence
Both the illegitimate use of force in all its dimensions, and the development of state mechanisms of persecution against the population, are framed within a discourse of incitement to violence that has been promoted and used by the Venezuelan government to legitimize violence as the standard response to any form of dissent. In particular, calls by senior officials including President Nicolás Maduro himself, addressed to both state security forces and pro-government civilian groups, promote the use of force and identify dissidents as terrorists, enemies and traitors to the motherland.

Consequently, these three elements - the illegitimate use of force against the population on a recurrent basis, the creation of state mechanisms dedicated to violent repression, and the repeated discourse of incitement to violence by the government - indicate a premeditated policy to violently neutralize any dissent against the government’s actions.

"Venezuela is experiencing one of the worst human rights crises in its recent history. The escalation of violence sponsored by the government, and the lack of proposals by the State for a viable solution to confront the serious problems facing the majority of the population, including access to essential livelihoods such as food, medicines and all basic goods, are generating a crisis never before seen throughout the continent, "said Erika Guevara Rosas.

"It is essential that the government address the dramatic situation that thousands of people are facing on a daily basis in the country, instead of instituting a regime of repression and violence."

The authorities that have promoted these mechanisms and strategies of violent repression have to put an end to their implementation immediately, especially in the face of growing social unrest ahead of the elections to the National Constituent Assembly, scheduled for 30 July 2017.
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Faced with this, international criminal justice mechanisms – including the International Criminal Court and those countries that recognize universal jurisdiction - will be closely monitoring the situation in Venezuela. If senior government, military, and police officials do not eliminate the mechanisms that form part of a state policy of violence against the population, and do not end the promotion of violence in their speeches and official orders, they may be brought before the international criminal justice system.
Published on Amnesty International on July 10, 2017.
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Canada Apologizes and Pays Millions to Citizen Held at Guantánamo Bay

7/13/2017

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The government of Canada on Friday formally apologized to Omar Khadr, the only Canadian imprisoned at the United States military base at Guantánamo Bay, Cuba. It also said that it had paid compensation to Mr. Khadr, a former child soldier, for violating his rights under Canadian law.

“On behalf of the government of Canada, we wish to apologize to Mr. Khadr for any role Canadian officials played in relation to his ordeal abroad and any resulting harm,” the government said in its apology. “We hope that this expression, and the negotiated settlement, will assist him in his efforts to begin a new and hopeful chapter in his life.”

When he was captured by American troops in Afghanistan in 2002, Mr. Khadr, 15 years old at the time, was severely wounded. Later, at a military commission, he pleaded guilty to using a hand grenade to kill a member of the United States military during a battle. But Mr. Khadr and his lawyers subsequently said that he had made his plea to avoid being detained indefinitely.

A Liberal Party government was in office at the time of Mr. Khadr’s capture, but the subsequent Conservative government led by Stephen Harper, who was then prime minister, repeatedly characterized Mr. Khadr as a terrorist and made little effort to secure his release.

In 2010, the Supreme Court of Canada sternly rebuked the government. It found that the interrogation of Mr. Khadr by Canadian intelligence officials at Guantánamo “offends the most basic Canadian standards about the treatment of detained youth suspects.” Separately, another court, the Federal Court of Canada, also found that the Conservative government had violated Mr. Khadr’s rights by not actively seeking his return.

Mr. Khadr has been a polarizing figure here. He was taken from Canada to Afghanistan by his father, Ahmed Said Khadr, who was thought by Canadian intelligence officials to have been associated with Osama bin Laden. The elder Mr. Khadr was eventually killed by government forces in Pakistan. Other members of his family also publicly offered inflammatory statements that many Canadians viewed as condoning terrorism.
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While Mr. Harper sided with Canadians who held such sentiments, Mr. Khadr received support from Canadians who viewed him as a child victim of war, a position generally taken by the courts.

The strong findings in favor of Mr. Khadr in earlier court decisions made it inevitable, said Ralph Goodale, the public safety minister, that the government would have to settle his lawsuit for damages. Neither the government nor Mr. Khadr’s lawyers would disclose the amount. But several Canadian news media outlets reported this week that the amount was 10.5 million Canadian dollars, or about $8.1 million, without being challenged by either party in the dispute.
After announcing the settlement, Mr. Goodale acknowledged that some Canadians would not like having the government pay money to a man they viewed as a terrorist.

But he said that the country could not deny the wrongdoing by its officials.

“You may want to dismiss the rule of law and the Constitution,” Mr. Goodale told reporters in Ottawa. “But if you do that, you are fundamentally undermining the integrity of the country.”

Andrew Scheer, the current Conservative leader, argued that the Canada’s responsibility for Mr. Khadr ended when he was repatriated in 2012. Mr. Scheer told reporters in Calgary, Alberta, that he found the settlement “disgusting.”

In an interview with the Canadian Broadcasting Corporation, which appeared to have been recorded before the announcement, Mr. Khadr, who was held in a Canadian prison until 2015, said he hoped the apology would help his efforts to lead a normal life.

“I never was angry or upset about what happened,” said Mr. Khadr, who lives in Edmonton, Alberta, and who said it had been difficult to attend school and find jobs because of his “past reputation.”

Asked about the family of the soldier he killed, Sgt. Christopher Speer, Mr. Khadr said that he was “really sorry for their pain.”

While the settlement is the end of Mr. Khadr’s 15-year legal battle with the government of Canada, he is still not free of the courts.

Two years ago, a United States federal court in Utah awarded Tabitha Speer, Sergeant Speer’s widow, and Layne Morris, a former member of the American military who lost some of his eyesight because of the grenade thrown by Mr. Khadr, about $134 million in a default judgment.

David Winer, a lawyer for the Americans, was in a Toronto court on Friday to set a date for a hearing to order a freeze on Mr. Khadr’s compensation. He declined to speak with reporters.

Many legal experts say it will be difficult for Ms. Speer and Mr. Morris to collect the Utah judgment in Canada or to freeze Mr. Khadr’s compensation.

Jody Wilson-Raybould, the justice minister, said that Mr. Khadr’s story provided two messages for Canada: “Our rights are not subject to the whims of the government of the day,” she said. “And there are serious costs when the government violates the rights of its citizens.”

Published on the NY Times on July 7, 2017
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Madagascar: Reverse the human rights downward spiral

7/11/2017

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Malagasy authorities must act swiftly to reverse the country’s human rights downward spiral including by urgently investigating allegations that the security forces have burned down villages and committed extrajudicial executions, said Amnesty International today ahead of the UN Human Rights Committee’s review of the country.

“Madagascar’s human rights record is on a sharp decline as a result of the blatant disregard for the rule of law,” said Deprose Muchena, Amnesty International’s Regional Director for Southern Africa.

“Violations such as extrajudicial executions by police and the imprisonment of human rights defenders, are happening because no one is being brought to justice.”

Extrajudicial executions
Amnesty International is concerned about allegations of extrajudicial executions committed by law enforcement officials. Many of them have occurred in the context of banditry linked to cattle thieves in the southern part of the country.

The organization has also documented reports of law enforcement officials seeking revenge after incidents of mob justice. In February 2017, police officers allegedly burnt down five villages in Antsakabary town after two of their colleagues were allegedly killed by villagers. An elderly woman died from burns during the attack, as she was unable to escape.

Police are now investigating the fire attack, despite being implicated in it. Amnesty International is calling for an independent and impartial investigation which guarantees the safety of the victims from any reprisal attacks should they submit evidence.

Freedom of expression
Journalists and human rights defenders continue to be subjected to intimidation and harassment by the authorities, and others with vested interests, in an attempt to silence them and obstruct their investigative or human rights work.
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Those who dare to speak out against illegal trafficking and exploitation of natural resources have been increasingly targeted through the use of criminal charges.


Clovis Razafimalala, an environmental activist who denounced the illegal trafficking and exploitation of rosewood and other timber has been detained for more than nine months on trumped-up charges of rebellion, destruction of public documents and goods and arson. Amnesty International considers him to be a prisoner of conscience, and calls for his immediate and unconditional release.
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Discrimination against twins
Twins, and other multiple births, continue to face discrimination and are being abandoned by their parents due to popular beliefs in the region of Mananjary that they bring bad luck.  Those who choose to keep their twins are stigmatized and excluded from the rest of the community.
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In one village in the Mananjary region, chiefs have taken a position not to offer their “blessing” to parents who decide to keep their twins.

“This UN Human Rights Committee review offers Malagasy authorities the perfect opportunity to take stock of all the human rights issues facing the country and make serious efforts to rectify the problems,” said Deprose Muchena.

“All is not lost, and there is still an opportunity to reverse the downward spiral and bring the country back to acceptable human rights standards.”
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Other issues that Amnesty International has raised in its submission to the UN Human Rights Committee include the criminalization of abortion and the excessive use of pre-trial detention.
Published on AI on July 10, 2017.
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Guatemala, Maya women fight to defend indigenous textiles from the fashion industry

7/5/2017

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Maya women in Guatemala have taken legal action to defend huipiles, their traditional textiles, against mass-produced versions. This could set a precedent for the protection of collective intellectual property rights.

An organisation that unites over 1,000 mainly Maya women in Guatemala has expressed alarm that indigenous handicrafts, textiles called “huipiles” in particular, are under threat because underpriced industrial fabrics appropriating indigenous patterns have flooded the Guatemalan market, depriving many native women of their main source of income.

Collective intellectual propertyIn May 2016 the Women’s Association for the Development of Sacatepéquez (AFEDES), a grassroots movement against gender inequality in Guatemala, brought a motion to the Constitutional Court that indigenous textiles should receive protection under the Constitution, which guarantees to “recognise, respect, and promote [indigenous] forms of life, customs, traditions”.

To counter mass-produced textiles, in November 2016 AFEDES proposed a legislative reform that would recognise the notion of collective intellectual property and acknowledge indigenous peoples as collective authors of their cultural heritage. The bill would thus protect Maya weavers from plagiarism of their patterns – a phenomenon frequently occurring in the fashion industry – and result in their right to receive royalties for their commercial use. The bill, number 5247, has been officially accepted to debate and awaits Congress’ consideration.

Guatemala is a member of the World Intellectual Property Organisation (WIPO), a UN agency that protects intellectual property internationally, and has enacted a number of provisions on the matter but hasn’t regulated the collective intellectual property, even though 51 per cent of the country’s population belongs to the Maya group, whose cosmovision is grounded in the idea of collectivity. 

Maya women’s fightIn fact, this isn’t the first time indigenous groups demand recognition of their collective intellectual property rights. For instance, in 1999 the Union of Yagé Healers of the Colombian Amazon insisted on recognizing yagé, a traditional spiritual brew used in rituals and medicine, as belonging to the collective traditional wisdom of indigenous peoples. They were primarily motivated by the urgency to stop the devastating commercialisation of traditional plants that profaned their culture. 

Likewise, Maya weavers emphasise that their textiles are a key expression of their cultural and spiritual identity with patterns incorporating spiritual elements, for example from the Mayan calendar, and their fight embodies their struggle for indigenous empowerment. “Although from a Western perspective the act of producing our own clothes … is synonymous to backwardness or poverty, for us it constitutes the road to free self-determination of our communities,” AFEDES organiser Angelina Aspuac said during a Constitutional Court hearing.
“We are the daughters of the grandmothers who wouldn’t die … They live in the universe of our textiles,” Aspuac added, to emphasise the cultural continuity that huipiles safeguard.

The Mayan population was the principal victim of the civil war that ravaged Guatemala between 1960 and 1996. Out of the estimated 200,000 people killed or who disappeared during the conflict between the government and leftist guerrillas, 83 per cent were of Maya origin. And by intensifying efforts to regain control over their cultural heritage, not only do indigenous people symbolically reclaim their cultural agency and settle the past, but also embark on a battle over the empowerment they deserve in the new social order.

Published on LifeGate on July 4, 2017.


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Rwandan Genocide: French organizations launch a complaint against BNP Paribas

7/1/2017

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The associations Sherpa, the Collectif des Parties Civiles pour le Rwanda (CPCR) and Ibuka France launched a complaint against BNP Paribas on the basis of complicity in genocide, in crime against humanity and in war crimes. The bank would have agreed to transfer in June 1994, one month after the UN had voted an arms’ embargo and during the genocide, 1.3 million dollars from an account of its client, the National Rwandan Bank (BNR in French) to the Swiss account of an arms’ South African dealer, Mr Ehlers. 


Mr. Ehlers would have then gone to the Seychelles with a Hutu colonel Mr Théoneste Bagosora to agree upon the sale of eighty tons of arms, on June 17th, which would then have been transported to Gisenyi (Rwanda) via Goma (Zaire). During his audition in front of the International Criminal Tribunal for Rwanda (ICTR), the colonel Bagosora confirmed that weapons coming from the Seychelles via Goma served to “give a hand to Kigali”[1].


Further, the Brussels Lambert Bank (BBL in French) had refused the request to use the funds of the Commercial Bank of Rwanda (BCR in French) refusing to violate the embargo. According to the testimony of a person posted by the BBL in Rwanda, the banking sector, who already was under the obligation to inquire that its clients explain the destination of the funds under unusual circumstances, knew “the Rwandan government had a crucial need for fund […] it was clear for everyone that they had to buy weapons and ammunition. The Rwanda was under an embargo”. According to him, The BNP would have been the only bank who had agreed to provide financial resources to Rwanda.


Thus, according to the number of testimonies and investigation reports, such as the UN International Investigation Commission, the proceeding would prove that the BNP knew necessarily the destination of the funds and knew it could contribute to the ongoing genocide.
This is the first time such a complaint is initiated against a bank in France on such a legal basis. If the facts were to be proven, it would highlight the potential responsibility of investors in armed conflicts and more generally in serious violation of human rights. “The duty of care as adopted on the 21st of February 2017, as applied to financial institutions, should prevent their implication in such violations” declares Sandra Cossart, Program Director at Sherpa.

Published on Sherpa on June 29, 2017.

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Why So Many Journalists Are Disappearing And Dying In Mexico

7/1/2017

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By Jesselyn Cook
Mexican authorities discovered the charred remains of Salvador Adame’s body this week, more than a month after a group of armed assailants reportedly abducted the veteran TV reporter in the crime-plagued state of Michoacán.

Halfway through the year, Adame’s death brings to seven the 2017 toll of slain press workers in Mexico ― now among the world’s most dangerous countries for journalists. This grim figure includes at least four reporters who were killed in direct retaliation for their work, according to the Committee to Protect Journalists.

Adame’s colleague described him to CPJ as a “a frequent critic of municipal officials” who covered regional news and politics as the director of local channel 6TV. His killing follows a worsening trend of targeted threats and violence against media professionals in the drug-torn nation.

Targeting And Silencing Journalists
Months earlier, Miroslava Breach Velducea, a crime reporter for national newspaper La Jornada, was killed outside her home in the northern state of Chihuaha. An unknown gunman shot her eight times in front of one of her children.

Breach Velducea’s death, “in a calculated act of extreme violence, has left the best journalism of Chihuahua severely injured, showing the seriousness of the failure of the state that has bled with the impunity of corrupt leaders and criminals for years,” La Jornada wrote in her obituary. “It’s not the death of one more journalist ― it’s the death of our society, which bit by bit has become accustomed to the assassination of its best people, silencing them in all sorts of ways.”
The attacker reportedly left a note at the scene of Breach Velducea’s killing, that read: “For being a snitch.”

CPJ data reveals that the majority of slain reporters in Mexico in recent decades had focused their news coverage on issues of crime and corruption ― most of whom are believed to have been killed in acts of retaliatory repression by criminals seeking to silence their critics.

And in many ways, they’ve succeeded.

“Fear and self-censorship by journalists remains very, very strong,” Emmanuel Colombié, Latin America director for Reporters Without Borders (or Reporters sans frontières), told HuffPost. Some reporters have fled Mexico and others have quit the industry as a result of targeted threats and violence against members of the Mexican press, he noted. 

In the border state of Tamaulipas, for example, “there are very few journalists remaining,” Colombié said. “Any kind of news has to be based on the official statements and press releases from the government.”

On its annual World Press Freedom index, RSF ranks Mexico 147th out of 180 countries, due to its “pervasive corruption accounting for impunity.”

Corruption And Impunity
The kidnappings and assassinations of journalists in Mexico often go unpunished due a thriving cycle of corruption and impunity, according to CPJ.

“Endemic impunity allows criminal gangs, corrupt officials and cartels to silence their critics,” the organization explained in a special report released in May.

High-level corruption and organized crime including raging cartel violence have long tarnished Mexico’s ongoing drug war. But these issues, while rampant and newsworthy, have become particularly dangerous for journalists to report on.

“At the local level in certain states, the cartels can have direct influence on the political institutions,” Colombié explained. “They can directly give orders to the local authorities. In some states, powerful governors use their connections with local organizations to punish journalists investigating any kind of topic that can negatively impact them. It’s a very complex situation.” 

State governors are among Mexico’s least reputable public authorities, according to a 2017 report by the International Crisis Group. At least 11 governors have been investigated since 2010 for corruption, including fraud, money laundering, nepotism and links to drug cartels.

The Morning Email
Wake up to the day's most important news.“Obviously, if those responsible for these crimes against journalists aren’t caught and brought to justice, this will only continue,” Colombié said. “If we don’t fight impunity, we won’t solve the problem, but there’s a lack of political will at the highest level to do so.”

Mexican journalist Adela Navarro Bello summarized the haunting plight of her colleagues in a sobering CPJ feature.

“Being a journalist in Mexico means learning to live in the shadow of impunity: the impunity you investigate and report on, and the impunity experienced firsthand,” she wrote. “Those who investigate corruption and impunity risk losing their sense of comfort or, worse, their lives. And after their murders, an incomplete file is the most likely end to an investigation into their deaths.” 

Insufficient Response From Mexican Government
After the gruesome, public killing of award-winning drug cartel reporter Javier Valdes sparked international outrage in May, Mexican President Enrique Peña Nieto vowed for the first time to dedicate “the necessary resources to provide journalists and human rights defenders with the protection they need.”

“Violence against journalists and human rights defenders has opened a deep wound in our society,” he added. “What people expect is results, and a fight against impunity.”

Press freedom advocacy organizations lauded his remarks, but they have observed little real change to date and fear they could be “dutiful statements” ahead of Mexico’s 2018 presidential election.

“We welcome this statement by the president, but the important thing now is to do the follow-up,” said Colombié. “We need to see concrete action and reform to protect journalists.”

Mexico also created a special prosecutor office to investigate crimes against freedom of expression more than a decade ago, but the institution has been largely ineffective in addressing the crisis.

It opened 123 case files between February 2016 and February 2017 including 10 homicides, but it has secured only three convictions.

The agency’s ability to conduct investigations independent of state authority influence is more effective on paper than in practice, according to CPJ, and many journalists are also fearful and hesitant to report crimes against them.

“It’s a tragic reality,” Colombié said. “Journalists are scared, and they don’t trust the authorities to protect them, so they just stop working as journalists and they keep silent.”

Published on the Huffington Post on June 30, 2017.

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