Posts Tagged ‘human rights’
VICTIMS AND SURVIVORS OF THE GATUMBA MASSACRE OF BANYAMULENGE REFUGEES IN BURUNDI STILL CRY FOR JUSTICE
From the peacebuilding group Ubuntu:
VICTIMS AND SURVIVORS OF THE GATUMBA MASSACRE OF BANYAMULENGE REFUGEES IN BURUNDI STILL CRY FOR JUSTICE
Eight years have passed since 164 Congolese citizens were savagely killed, some burned alive, on 13 August 2004. The victims were slayed while under the protection of the United Nations High Commission for Refugees (UNHCR) in the Gatumba refugee camp in Burundi. Hundreds of others were injured. The overwhelming majority of victims – many of them women and children – belonged to the Banyamulenge community. They had sought refuge in Burundi to escape from political oppression in South Kivu, Eastern Democratic Republic of Congo. A report dated 18 October 2004 jointly produced by the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), the United Nations Operation in Burundi (ONUB) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) concluded that the attack was clearly directed against the Banyamulenge refugees and apparently, ethnically and politically motivated. Various sources, including the above UN report as well as a report by Human Rights Watch, compiled credible evidence leaving little doubts over the responsibilities in the massacre. The evidence clearly indicated that the Burundian Forces Nationales de Libération (PALIPEHUTU-FNL), the Forces Démocratiques de Libération du Rwanda (FDLR), the Congolese army (FARDC) and Mayi Mayi militia were directly involved in the Gatumba massacre.
The UN report asserted that many of these foreign armed groups operating in the eastern Democratic Republic of the Congo and Burundi border region harbour resentments against the targeted group and others such as FARDC and Mayi Mayi militia may have political motives for preventing the refugees from returning to the Democratic Republic of the Congo. PALIPEHUTU-FNL, then a rebel movement led by Agathon Rwasa, openly confessed its responsibility in this massacre. The ideology underlying the commission of the genocide in Rwanda one decade earlier was evident in the perpetration of the Gatumba massacre in August 2004. The UN report documented the fact that the attackers chanted such slogans as “we will exterminate all the Tutsis in Central Africa”; “kill these dogs, these Tutsis”; “today, you Tutsis, whether you are Rwandese, Congolese or Burundian, you will be killed”.
The massacre was widely condemned by several countries from around the globe as well as by supranational institutions such as the African Union, the European Union and the United Nations. Many of them pledged to support endeavours aimed at bringing the perpetrators to justice. The United Nations urged countries in the sub-region to cooperate in investigating the massacre and bringing perpetrators to justice. Eight years after the event, no single step has been taken to deliver justice for the slain and surviving victims of the Gatumba massacre. The uproar that accompanied the commission of the crime has faded and victims face the sad prospect of never seeing justice done. The peculiar circumstances of a crime committed against Congolese citizens, on Burundian territory, by Congolese national army and armed groups reportedly originating from three different or neighbouring countries of the region complicate, if not annihilate any prospects of domestic prosecutions against perpetrators of the crime. Victims are nonetheless still crying for justice. The inaction of Burundian, Congolese and other sub-regional authorities imposes a duty on the international community to get actively involved in delivering on the promise of justice made to them in the aftermath of the crime.
This eighth remembrance of the victims of the Gatumba massacre occurs at a time of revived tensions in eastern Kivu, the homeland of the slayed victims. Sources of the continued tensions include the unresolved socio-political and legal issues including elusive promises of justice and redress. Crimes committed in the DRC over the last decades have claimed numerous victims from the various communities living in the country. All victims deserve justice. Owing to the particular circumstances of the massacre and to the involvement of numerous actors, domestic and international initiatives aimed at delivering justice to the victims generally ignore the victims of the Gatumba massacre. This is evidenced by the non-coverage of the Gatumba massacre in the 2010 UN Mapping Report.
On this eighth remembrance of victims of the Gatumba massacre, UBUNTU notes that since the crime was committed, no active steps have been taken to bring perpetrators to justice. UBUNTU therefore urges:
• The international community to deliver on the promise of justice made to survivors of the Gatumba atrocities in the immediate aftermath of the crime.
• The United Nations to use all appropriate means to bring Agathon Rwasa and other perpetrators of the massacre to justice.
• The Burundi, the Democratic Republic of Congo and other sub-regional countries to cooperate in rehabilitating the victims.
For Ubuntu: Dr Felix Ndahinda and Alex Mvuka Ntung
UBUNTU is an organisation created by individuals from eastern DRC for purposes of contributing to initiatives aimed at preventing violence and working towards sustainable peace and conflict resolution in their native land and the wider Great Lakes Region of Africa. UBUNTU membership includes individuals who survived the Gatumba massacre. UBUNTU is one of only few actors who have constantly tried to remind the international community of the unfulfilled promise of justice for victims of the Gatumba massacre. It is an international peace-building and non-profit organization based in Brussels.
UBUNTU – Initiative for Peace and Development
Rue Creuse 60, B-1030 Brussels, Belgium, Enterprise no: 891.545.509, Approved by the
Belgium Royal Decree of 26th.07.2007.
“It is important that we do not jump to conclusions. Nobody has been charged with any offence, still less tried or convicted“, Trevor Kavanagh, The Sun, 2012
Rupert Murdoch’s Sun newspaper has long been hostile to the idea that people suspected of wrongdoing should be treated as innocent until proven guilty, that no-one should be locked up for extended periods without a fair trial and due process, and that even if someone is tried and convicted of a criminal offence, they are still entitled to basic human rights.
When, in 2005, 47 Labour MPs joined opposition ranks to throw out the Blair government’s attempt to award itself the right to detain for 3 months, without charge or trial, anyone it claimed was a “terrorist”, the Sun’s political editor Trevor Kavanagh branded them “traitor MPs” who had “betrayed the British people”.
When, in 2007, Gordon Brown’s government requested the release of five UK residents who had been held for years without charge or trial in Guantanamo Bay, the Sun’s Trevor Kavanagh declared that “The overwhelming odds are that these guys were put inside for good reason — whatever sob stories their human rights lawyers are peddling on their behalf.”
“It’s just about possible the five… are totally innocent… But not very likely”, he suggested.
Yet despite these “overwhelming odds”, four of the five men – Binyam Mohamed, Omar Deghayes, Jamil El Banna and Sameur Abdenour – were subsequently freed after the US government failed to produce any evidence that could convict them of a crime. The fifth, Shaker Aamer, has still not been charged or tried, ten years after he was first detained.
Mohamed, Deghayes and El Banna were subsequently awarded millions of pounds in compensation after a court heard evidence (or as the Sun might describe it, a “sob story”) detailing the UK government’s complicity in their “rendition” and subsequent torture.
This weekend, another five men were arrested on suspicion of a criminal offence. Unlike Binyam Mohamed, Omar Deghayes, Jamil El Banna, Sameur Abdenour and Shaker Aamer, these five men were given prompt access to a lawyer, questioned, and then freed on bail. Unlike Binyam Mohamed, they were not bundled into a plane, flown to Morocco and tortured with a scalpel, forced into stress positions or subjected to deliberate and prolonged sleep deprivation. They were not – as would have been the case for anyone accused of terrorist offences under the 2005 Bill championed by Trevor Kavanagh and the Sun – held without charge for 90 days while the Police scraped around for evidence.
Has British Justice Gone Soft? Given Trevor Kavanagh’s previous comments on human rights and due process, we might have expected him to be outraged that these five criminal suspects have been treated so leniently. But here he is discussing the case in today’s Sun:
“It is important that we do not jump to conclusions. Nobody has been charged with any offence, still less tried or convicted.”
Here he is on Radio 5: “the evidence that’s been suggested to those who have been arrested so far, is pretty flimsy stuff… people are wondering what on earth is happening… I feel very sorry for them and I know it’s causing them and their families a great deal of anguish”.
What could possibly explain this change in tone? Perhaps the fact that *these* five criminal suspects were Sun journalists, suspected of making corrupt payments to police and other public officials.
The problem with attacking basic democratic principles like human rights and due process is that you never know when you – or someone you care about – might be in need of them. Trevor Kavanagh’s Damascine conversion to the cause is surely to be welcomed. His friends at the Sun do, of course, have a right to a fair trial and to be treated as innocent until proven guilty. It will be interesting to see if they will now extend that same courtesy to the rest of us.
From The Propagandist
This past week, the Guardian published two articles in support of two of the more notorious tyrants in Africa. On December 27, Simon Tisdall argued that human rights groups were unfairly demonizing Sudanese dictator Omar al-Bashir during the run-up to the South’s January 9th independence referendum, with little consideration of the effect this could have on the new country’s already-tenuous future.Tisdall’s partly right: a country with minimal infrastructure, low literacy, few urban centers, an oil-based economy and a government comprised of former warlords could be a source of instability if major regional actors aren’t on the same page. That includes Bashir, who is currently under an International Criminal Court indictment for genocide, but has accepted a compromise over the oil-rich border region of Abyei and even laid out his vision of a smaller, more centralized North. For Sudan watchers, the fact that Bashir hasn’t taken things nuclear yet is encouraging, but it doesn’t erase a 20-year history of erratic and even genocidal behavior. For Tisdall it does…
From The Guardian
The villagers have marched, demonstrated, and sent in letters and petitions. Some people tried to stop the company from cutting down trees by standing in the way. Their campaign was entirely peaceful. But the power company discovered that it was legally empowered to shut the protests down.
Using the Protection from Harassment Act 1997, it obtained an injunction against the villagers and anyone else who might protest. This forbids them from “coming to, remaining on, trespassing or conducting any demonstrations, or protesting or other activities” on land near the lake. If anyone breaks this injunction they could spend five years in prison.
The act, parliament was told, was meant to protect women from stalkers. But as soon as it came on to the statute books, it was used to stop peaceful protest. To obtain an injunction, a company needs to show only that someone feels “alarmed or distressed” by the protesters, a requirement so vague that it can mean almost anything. Was this an accident of sloppy drafting? No. Timothy Lawson-Cruttenden, the solicitor who specialises in using this law against protesters, boasts that his company “assisted in the drafting of the … Protection from Harassment Act 1997″. In 2005 parliament was duped again, when a new clause, undebated in either chamber, was slipped into the Serious Organised Crime and Police Act. It peps up the 1997 act, which can now be used to ban protest of any kind.
Mr Lawson-Cruttenden, who represented RWE npower, brags that the purpose of obtaining injunctions under the act is “the criminalisation of civil disobedience”. One advantage of this approach is that very low standards of proof are required: “hearsay evidence … is admissable in civil courts”. The injunctions he obtains criminalise all further activity, even though, as he admits, “any allegations made remain untested and unproven”.
Last week, stung by bad publicity, npower backed down. The villagers had just started to celebrate when they made a shocking discovery: they now feature on an official list of domestic extremists.
In “Don’t Get Fooled Again” I look at the twin delusions of AIDS denial and Holocaust negationism, and examine some of the parallels between them.
AIDS denialists – who will often describe themselves as “AIDS dissidents” or “AIDS sceptics” – are those who deny the overwhelming scientific evidence that HIV causes AIDS. They may believe that HIV is harmless, or deny that there is evidence the virus even exists. In the early 1980s, soon after AIDS was discovered, the psychiatrist Casper Schmidt suggested that the disease was a “group fantasy”, the product of an ” epidemic of shame-induced depression” among gay men, caused by “a vast, society-wide conservative swing” culminating in the election of Ronald Reagan. “One can only hope”, Schmidt concluded, “that we wake up from the trance, and soon”. As with many of the most vocal “dissidents”, Schmidt’s denial seems to have motivated, in part, by a refusal to acknowledge his own illness. Tragically, Casper Schmidt died from AIDS in the mid-1990s – yet even now some die-hard denialists continue to cite his work in support of their claims.
Towards the end of the 80s, amid growing evidence that AIDS was killing thousands, the US virologist Peter Duesberg began challenging the scientific consensus that the disease was caused by a virus, HIV. Duesberg’s work with retroviruses – the class to which HIV belongs – had led him to conclude that all such viruses were essentially harmless. Rather than revise this view in the face of strong and growing epidemiological proof of a close correlation between the presence of AIDS and HIV infection, Duesberg chose instead to reject the new evidence and hang on to his old theory – a position he has stuck to ever since.
Duesberg’s arguably most poisonous claim is that AIDS can in fact be caused by the medications given to HIV sufferers to control the disease, such as the drug AZT. It was partly under Duesberg’s influence that the South African government of Thabo Mbeki chose to delay the public availability of anti-retroviral drugs – a decision which, according to a recent Harvard study – may have cost over 300,000 lives.
Holocaust negationists deny some or all of the established historical facts about Nazi atrocities during World War II. They may refuse to accept that the Holocaust happened at all, or they may – as David Irving has done – concede that atrocities took place but deny that the extermination of Jews and other minorities was a deliberate organisational policy, authorised at the highest level. They may, like Irving, significantly downplay the number of people who died at the hands of the Nazis. Or they may engage in “moral negationism”, acknowledging that Germany persecuted Jews but suggesting that the war-time abuses committed by Soviet or British forces could somehow cancel or diminish the moral gravity of Nazi crimes. Many of these kinds of arguments can be seen in the comment responses to the piece that I wrote about David Irving here.
David Irving has famously denied that he is a Holocaust denier – and went so far as to sue the writer Deborah Lipstadt for having described him in those terms. Some of this seems to come down to semantics. If we define a “Holocaust denier” as someone who is in denial about the established historical facts relating to the Holocaust, then even someone who acknowledges some level of atrocity – as David Irving does – would nonetheless fall into that category.
After a lengthy court battle in which Irving’s historical writings were examined in fine detail, the libel suit against Deborah Lipstadt famously failed, with the judge concluding that:
Irving has for his own ideological reasons persistently and deliberately misrepresented and manipulated historical evidence; that for the same reasons he has portrayed Hitler in an unwarrantedly favourable light, principally in relation to his attitude towards and responsibility for the treatment of the Jews; that he is an active Holocaust denier; that he is anti-Semitic and racist and that he associates with right-wing extremists who promote neo-Nazism.
Irving has sought to portray himself as a fearless and impartial historical investigator, motivated solely by a desire to establish the truth, bravely challenging the orthodox account of the events of World War II. But the Lipstadt libel trial revealed quite the opposite. Driven by a preconceived attachment to an extreme ideological position, Irving had systematically abused the truth, deliberately misrepresenting his historical sources in order to make them support his political views.
Appearing as an expert witness, the historian Richard Evans, who had painstakingly reviewed Irving’s work, confessed to being shocked at the “sheer depth of duplicity” he had found. Irving had, Evans concluded, “fallen so far short of the standards of scholarship customary among historians that he doesn’t deserve to be called a historian at all”, suggesting that Irving relied on his audience lacking “either the time or the expertise” to check up on his sources.
Another feature of Irving’s work is his tendency to seize on tenuous reinterpretations of the existing evidence and treat them as a knockdown refutation of the claim he is attacking. Irving has argued that forensic tests taken by an unqualified investigator on the walls of the Auschwitz gas chambers in the late 1980s proved that they could not have been used for mass-executions, later claiming that “more women died on the back seat of Edward Kennedy’s car at Chappaquiddick than ever died in a gas chamber in Auschwitz”.
Irving also applied a clear double-standard in his evaluation of the evidence. At the same time as he embraced tenuous forensic tests taken more than 40 years after the end of the World War II, he was dismissive of the detailed eyewitness testimonies of the thousands of Holocaust survivors still alive at the time.
We see a similar double-standard with many of those who deny the link between HIV and AIDS. A 3-month investigation by Science magazine found no evidence to back Duesberg’s claims. Mainstream AIDS researchers accused him of constructing his arguments through “selective reading of the scientific literature, dismissing evidence that contradicts his theses, requiring impossibly definitive proof, and dismissing outright studies marked by inconsequential weaknesses.”
One big problem faced by both AIDS denialists and Holocaust denialists is the difficulty of explaining why their arguments are almost universally rejected. Here again, the rhetoric is often striking similar. Hardcore AIDS denialists insist that the disease is a “hoax”, a “myth”, and a “deceptive and deadly scam” perpetrated by the “medical industrial complex”, and offer us “Ten reasons HIV is not the cause of AIDS”. Hardcore negationists, meanwhile, talk dismissively about the “Holohoax”, which they describe as a “myth”, perpetrated by “Zionists” with an “agenda of world domination”, and offer us “Ten reasons why the Holocaust is a fraud”.
From The Guardian
Critics of the UDHR and of the idea of human rights in general are of many kinds, but the three chief camps consist of the complacent, the inconvenienced and the disappointed. The former are those who, born, bred and fattened in peaceful and reasonably sane parts of the world, have the luxury of caviling and complaining at will, sometimes arguing that there is no such thing as a right, that talk of human rights is variously Eurocentric colonialist arrogance, or hot air, or pious claptrap, or all three. A few days in a windowless cellar with periodic episodes of water-boarding and electric cattle-prodding would change these minds faster than most.
The inconvenienced range from those who think one man is worth two or more women and therefore do not like talk of equality and rights, to those who (like Jack Straw and his new friends at the Daily Mail, from which his predecessor David Blunkett seemed to get most of his policy ideas in the days that followed Labour’s first flush of reform – led by Jack Straw’s Human Rights Act: what irony) have punitive and coercive instincts, and wish not only to lock people up or deport them, but make them suffer extra penalties while doing so, out of revenge and hostility.
The disappointed are those who point to the continuing mayhem, genocides, wars, use of torture and long detention without trial – by would-be respectable western governments too – and say that fine talk about human rights has made not a jot of difference, and indeed has often served as a fig-leaf for abuses.
Of these three camps the third has by far the most cogent point. But what one should draw from it is not defeatism, but renewed determination to make the idea of human rights work. In any case we are, from the long view of history, in the very earliest days of trying to construct a world order, a global sentiment, in which concern for human rights is widespread and operative. Enforcement is the key issue, and here we are in even earlier days: the International Criminal Court, for example, is an infant that does not yet walk. To give up on the idea of human rights now, so soon into the project of trying to remedy the world by its light, would be wrong… The campaign for human rights is the best hope for humankind, and it would be dereliction not to work to make that hope bear fruit.
Burundi’s Christian evangelical President, Pierre Nkurunziza, may be having difficulty living up to the New Testament exhortation to forgive those he sees as his enemies, but he’s following the Old Testament strictures on homosexuality rather more rigidly. The Burundian Parliament has just rushed through legislation which will, for the first time in the country’s history, criminalise gay relationships, and President Nkurunziza is expected to endorse it shortly.
Burundi now appears to be following what we might call the “Ugandan model” of church-led jurisprudence, where those responsible for torture, mass-killings, and rape (so long as the victims are women, obviously) get pardoned by the state, leaving it free to expend its resources persecuting and publicly vilifying men who sleep with other men.
At moments like this it’s traditional for western media types to shrug their shoulders and say things like “Well, it’s their culture, isn’t it? Surely we have to respect their ways”.
So I thought it might be useful to post some thoughts from the veteran Burundian commentator and former statesman Gratien Rukindiza, who describes the new law as “retrograde, reactionary and fundamentalist”, and suggests that Burundi’s leaders “believe they are closest to God when they hurt the Burundian people”.
“The mayor of Paris, Bertrand Delanoë, is openly gay“, Rukindikiza points out. “He runs a city more populous than the whole of Burundi. The city is wealthier than Burundi. He is a respectable, honest man who will probably one day be President. Does the mayor of Bujumbura dare visit the mayor of Paris knowing that in Burundi, the law would send his host to jail?”
In an email he sent on Saturday, Alexis reported that:
…there is more and more pressure against MSD from the government so that is a sign that we are a movement that is being taken seriously and a threat to the current power structure. In Kirundo and Ngozi they have been trying to arrest our colleagues out in the collines doing good work.
According to today’s message from the MSD, 30 party members, including Alexis himself, have now been arrested following increasing threats and harrassment by the authorities:
Today the police arrived at the permance de MSD with a search warrant. They then took 30+ of the MSD members that were there to the Jabe police station. Alexis remained in office and then was later taken in as well. He has not been allowed to see his lawyer and no reason for his detention. They claim they are under investigation for holding a meeting. Alexis has asked that the MSD members be realeased and only he be detained as he is the sole responsable.
Like Jean-Claude Kavumbagu, the campaigning journalist arrested in September, Alexis Sinduhije has been a huge help in raising the profile of the Titanic Express case over the years, and the book would have been considerably diminished without the input he gave to the campaign.
This latest move by the Burundian authorities to suppress the political opposition makes a further mockery of the PR efforts of international religious groups bent on presenting Burundi’s corrupt and authoritarian Christian evangelical President as the model of the “forgiving” African leader.
More information about Alexis Sinduhije’s work can be found at the MSD’s Facebook page.
04/11 Update from MSD:
Alexis spent his first night in police detention. He had a small cell to himself. He had a mattress but did not sleep. He has not been beaten or tortured.
His friends and supports around the world are organising support. The American, Dutch, British, French, Belgian , German, South African and Norwegian embassies are all informed.
International press has been informed as well. However given the fact that today is election day in the US we do not expect much attention.
He has not been allowed to see his lawyer yet.
Robert Maxwell, UK libel law’s most famous beneficiary
If I had to choose my all-time favourite bill ever passed by the New York State Legislature (a worthwhile way to spend an afternoon if ever there was one), it would have to be the “Libel Terrorism Protection Act”. The specific purpose of this bill is to stop Britain’s ‘rogue state’ libel laws from being used to undermine the constitutionally-protected right to freedom of speech in the state of New York.
Ironically, while the UK government allows our courts no jurisdiction over a murder committed overseas – even when the victim is a British citizen – it’s a different story when a book is published in a foreign country, which happens to offend someone with the time, inclination and (most importantly) cash to pursue their grievance in the UK courts.
The practice of ‘libel tourism’ relies on the fact that, with the internet, any book published anywhere in the world can be deemed to have effectively been published in the UK (and thereby fall under the jurisdiction of the UK libel courts) if it can be bought online and shipped to Britain. UK libel law famously places the burden of proof on the author/publisher of a work rather than on the plaintiff. A UK libel defendant is effectively guilty until proven innocent.
It’s also, I’m told, possible to defend a UK libel case successfully, yet still be left with massive legal costs to cover. Bringing a libel case can be very expensive, and is thus largely beyond the reach of ordinary citizens. So what we effectively have is a legal mechanism for allowing rich people and organisations to inflict crippling costs on anyone who says bad things about them, regardless of whether or not those things are actually true. During the 1970s and 1980s this mechanism was famously – and skillfully – exploited by the fraudster Robert Maxwell to suppress the many questions raised about his business deals. It was only after his somewhat mysterious death that the truth emerged. Perhaps the one saving grace of the law is that, at least in the UK, dead men can’t bring libel cases.
But with the advent of the internet, the phenomenon of ‘libel tourism’ gives the UK’s rapacious libel laws a global reach, and now pose such a threat to freedom of expression worldwide that foreign states are having to create legislation to protect their citizens.
The threat posed by ‘libel tourists’ is just one among a number of issues raised by a recent UN report on the state of human rights in the UK. Equally dangerous – if not more so, as we’ve been familiar with the libel problem for long enough to have at least some ways around it – is the Brown regime’s attempt to make it illegal for any former civil servant to say anything at all about their time in government, ever, without official permission from the state.
According to Craig Murray (ex UK Ambassador to Uzbekistan):
“The idea, of course, is that only the ministers’ version of truth will enter history. You can be confident that Jack Straw’s memoirs will not tell you that he instructed Richard Dearlove that we would use intelligence from torture, or that we colluded with torture and extraordinary rendition in Uzbekistan and elsewhere. You needed my memoirs for that. If Jack Straw had his way, I would not have been able to publish my book telling you the truth; in fact the new regulations were born directly out of Straw’s fury at Murder in Samarkand.”
In “Don’t Get Fooled Again”, I explore the ease with which deception and delusion can start to creep in – and go unchecked – once freedom of expression has been compromised. An effectively functioning society depends on the free flow of information. The quicker that serious systemic problems can be identified, and analysed, the quicker solutions can be found. Attacks on freedom of expression seriously hinder this process, with the result that, at the extreme (as in the Soviet Union and Communist China), a wholesale national disaster can unfold without those in power ever facing up to the reality of what’s going on – less still being held accountable.