Anyone who does work on, or pays attention to anything going on in Latin America would know that it is the season for meetings and hearings to be held at the Inter-American Commission on Human Rights in DC.  I had never attended anything at the commission, well, until last week. I had no idea what to expect walking in, I just knew I was there as an AIUSA observer.

The building itself is really big, and nice. Spanish is one of the working languages of the Organization of American States, (OAS) along with English and Portuguese, but it may as well be THE working language. Everything was conducted in Spanish.

One of the hearings I was asked to observe at, was a public hearing including two cases regarding the human rights abuses committed by the Mexican military.  AI has been following these cases closely, and they will most likely both be included in a report that AI will be releasing at the end of November addressing how flawed the military justice system in Mexico is, and how relatively easy it is for military personnel to get away with committing human rights violations.

(more…)

Sri Lankan President Mahinda Rajapaksa said last Tuesday that no one should be above the law, including members of the police or armed forces.  This follows a widely publicized incident last week in Sri Lanka:  two youths were arrested by the police on August 12 and their bullet-ridden bodies were discovered the next day.  The killings sparked public anger and riots against the police.  Several police officers have since been arrested in connection with the murders.

I dearly hope justice is done in this case and the killers held accountable.  But there remain thousands of cases of human rights violations by the Sri Lankan security forces, including the police, where no one has been prosecuted or convicted.  The recent Amnesty International report on presidential commissions of inquiry in Sri Lanka details the government’s failure to deliver justice for serious human rights violations for decades.  I hope President Rajapaksa’s recent statement will lead to a serious, sustained effort by the Sri Lankan government to bring perpetrators of human rights violations to justice at last.  The ongoing impunity enjoyed by the security forces for past violations must end.

By Lillian Tan, Corporate Action Network Intern

Their operations are vast and war zone contractors are likely here to stay, as Suzanne Simons writes in her CNN International article. Her article is a comprehensive piece that places emphasis on one of the more salient issues regarding private military and security companies (PMSCs) or contractors: lack of regulation, oversight, and accountability. The PMSC industry has grown rapidly since the war on terror and continues to play an integral role in the conflict in Afghanistan under the Obama administration, but the US government, as reported by the CWC in its Interim Report, lacks resources to manage the industry that it has come to depend on like a crutch.

Since 2001, Congress has appropriated about $830 billion to fund U.S. operations in Iraq and Afghanistan. Over that period, America’s reliance on contractors has grown to unprecedented proportions to support logistics, security, and reconstruction efforts related to those operations. More than 240,000 contractor employees—about 80 percent of them foreign nationals—now work in Iraq and Afghanistan, supporting the Department of Defense. Additional contractor employees support the Department of State and the U.S. Agency for International Development.

-Executive Summary, June 2009 Interim Report from the Commission on Wartime Contracting (CWC)

The result from the combination of a growing military industry and weak government regulation and oversight is a culture of impunity and lack of accountability for the many human rights abuses committed by PMSCs. Yes, five Blackwater guards will be tried in February 2010 for opening fire and killing civilians in Nisour Square and yes, a private civil lawsuit was filed against Blackwater contractor Andrew J. Moonen for killing one of the Iraqi Vice President’s bodyguards in Baghdad’s green zone. However, let us also keep in mind not only how long it took for the Department of Justice (DOJ) to act in the first case, but also the fact that numerous cases of detainee abuse committed by PMSC personnel have gone unprosecuted. In February 2008, Amnesty found out through Senator Durbin’s inquiry to the DOJ that 24 cases of detainee abuse were transferred to the Eastern District of Virginia; 22 of the 24 were dismissed and 2 are pending. Our efforts to find out why these cases were dismissed or unresolved were fruitless.

:: :: Ask the Justice Dept why it is not Prosecuting Torture. :: ::

The industry cannot be expected to regulate itself and a government that is increasingly outsourcing its operations needs to ensure that it has the mechanisms to regulate PMSCs’ activities and hold the companies accountable for their actions (and not reward them with more contracts). Doug Brooks of the International Peace Operations Association (IPOA) stated that PMSCs are here to stay and that it’s about time we made it work but after the recent completion of a twelfth version of IPOA’s Code of Conduct, the trade association still has not made it work. Essentially, the Code is ineffectual. For starters, there are no guidelines detailing what compliance with its standards entails; companies do not have to show that they are operationalizing the Code to IPOA or any third-party monitor; and there are no requirements for public reporting on company efforts to adhere to the Code.

This is why the U.S. government will have to move beyond the Military Extraterritorial Jurisdiction Act (MEJA) to create a new body of legislation that will hold all U.S. government contractors working overseas accountable – irrespective of which government agency employs them – if they commit human rights violations.

For more information on PMSCs, visit www.aiusa.org/pmscs and read CorpWatch’s investigative report on intelligence contracting Outsourcing Intelligence in Iraq.

(Originally published on the Boston Globe)

On the evening of Sept. 18, 2007, six men broke into the home of Justine Masika Bihamba in Goma in the Democratic Republic of the Congo. Bihamba wasn’t home, but six of her children, ages 5 to 24, were. The men, reportedly government soldiers, tied up the children at gunpoint and abused two daughters in their 20s, sexually assaulting one with a knife. Bihamba and her children identified the attackers to military police but authorities refused to arrest the suspects, saying there was no evidence against them. They remain free today.

The men targeted Bihamba’s children because of her work coordinating medical and psychological care for women and girls who have been sexually assaulted. In the violent conflict that has raged in Congo for a decade, rape is a weapon of war.

The conflict has claimed hundreds of thousands of lives and forced more than a million to flee; it is the latest in Congo’s long and bloody history. During the colonial period, ivory and rubber were the prizes for which Europeans sacrificed African lives. Today, the fighting is fueled by the country’s vast mineral resources – diamonds, gold and coltan, which is used in all mobile phones and laptops. Armed groups control mines and export minerals illegally, using the cash to buy arms.

The mineral wealth is of little benefit to the impoverished Congolese population.

More than 1,000 people die daily from preventable diseases such as cholera and dysentery. Most are children. These preventable deaths are human rights abuses in violation of international treaties on the right to health and the rights of the child. Until corporations that benefit from the mineral trade, together with the Congolese government and the international community, are persuaded to end the abuses, cases like Bihamba’s will keep recurring.

Amnesty International campaigns to ensure that human rights defenders like her can carry out their vital work in safety. But to stop the carnage in Congo, we recognize that we must also fight poverty – what Mahatma Gandhi called “the worst form of violence.”

People are accustomed to thinking of human rights violations as abuses committed by repressive regimes – torture, arbitrary arrest and imprisonment, enforced “disappearances,” political assassination, and the like.

But the international human rights framework is much broader. Sixty years ago, following the brutality of World War II when the Nazis denied Jews, Roma, gays, and others their very right to exist, the response of the international community was unequivocal – human rights had to be based on the principle of inclusion. That is, everyone is entitled to the same set of rights by virtue of being human. These include the right to freedom from torture and arbitrary imprisonment, and no less importantly, the right to adequate food and shelter, basic healthcare, education and employment. In short, the right to live a life of dignity.

People living in poverty are trapped, much like political prisoners.

Now, as the global economic crisis threatens to push an estimated 53 million more people into poverty this year, Amnesty International is launching the most ambitious campaign of its nearly 50-year history.

Just as we have fought effectively to protect civil and political rights on behalf of tens of thousands of political prisoners, we intend to mobilize our volunteers and supporters to hold governments, corporations, armed groups, and others accountable for the human rights abuses that drive millions around the world into poverty.

Governments have reneged on human rights obligations in the belief that economic growth alone would lift all boats. But now the tide is receding. Virtually none of the growth of the last two decades benefited poor and marginalized communities; instead, the gap between rich and poor only deepened in many parts of the world.

All human rights are interlinked, as the Congo demonstrates. If development was based on the fulfillment of basic human rights instead of skewed toward enriching a few at the expense of many, we might not be witnessing the violent upheaval of Congo and elsewhere.

Without an approach to poverty and development that puts human rights first, there will be many more stories like that of Justine Masika Bihamba.

Two significant reports were just issued on human rights in Sri Lanka.  The first, AI’s report entitled “Twenty Years of Make-Believe:  Sri Lanka’s Commissions of Inquiry,” was released today.  The report describes how for the past 20 years, the Sri Lankan government has used ad hoc commissions of inquiry to investigate human rights violations by the security forces.  The commissions were established, for the most part, to deflect international pressure on the government to combat the ongoing impunity afforded to the security forces for human rights abuses.  The formal justice system in Sri Lanka has failed to provide redress for victims of human rights violations; thus, the violators enjoy impunity for their crimes.  The report details how the commissions of inquiry have been equally ineffective in breaking the climate of impunity.  Amnesty International is calling on the Sri Lankan government to learn from past failures and take measures to establish a justice system that provides real accountability for past abuses.  AI also calls on the international community to help Sri Lanka in this effort.

The second report was issued yesterday by a well-respected Sri Lankan human rights organization, the University Teachers for Human Rights (Jaffna).  The report, entitled “A Marred Victory and a Defeat Pregnant with Foreboding,” describes in vivd detail the last two months of the war between the Sri Lankan military and the opposition Tamil Tigers.  The report is equally critical of the Tigers and the government forces:  the Tigers shot civilians fleeing the war zone and forcibly conscripted children to fight the advancing Sri Lankan soldiers, while the Sri Lankan government repeatedly shelled the ”no-fire zone” which was crowded with civilians.  The report’s authors remark that confirming certain critical details of the last stages of the war will await an independent investigation into the abuses committed by both sides.

If you read both reports, you’ll see why it’s vital that an independent, international investigation must be undertaken into the abuses committed by both sides during the final stages of the war.  On a longer-term basis, you’ll also see the challenges facing the Sri Lanka government if they really wish to break the cycle of abuse and impunity that has prevailed for decades in that country.  Amnesty International is ready to do our part in helping the Sri Lankan government meet those challenges; I’m sure the rest of the international community would be willing to do so as well.  Let’s hope the Sri Lankan government decides to take up this task.

Today, in a landmark decision, former Peruvian President Alberto Fujimori was convicted for torture, kidnapping and forced disappearances committed during the early 1990s.

This is a crucial victory in the struggle against impunity for human rights violations in Peru and a triumph for justice worldwide.

Javier Zúñiga, an Amnesty International delegate who observed the trial noted:

“Justice has been done in Peru. This is historic. Now it is vital that all of those responsible for human rights violations committed in Peru, including those perpetrated prior to the government of Alberto Fujimori, be brought before the courts.”

Former Peruvian president Alberto Fujimori speaks during the hearing in Lima on April 1, 2009. (c) Getty Images

Peru’s Supreme Court ruled in the cases of Barrios Altos (in which 15 men, women and children were executed in 1991), La Cantuta (in which nine students and a university lecturer were kidnapped and later killed in 1992 by members of the Colina Group, a paramilitary force within the Peruvian Army) and the SIE basements (where two kidnap victims were held). The decision, which was unanimously adopted by the three presiding judges, concluded that Fujimori bore individual criminal responsibility in all three cases because he had effective military command over those who committed the crimes.

Amnesty International has been closely following the trial of Alberto Fujimori.  We have incontrovertible evidence documenting serious human rights violations and crimes against international law – such as torture, killings and enforced disappearance – were committed. Given their widespread and systematic nature, these constituted crimes against humanity.

The trial of Fujimori was highlighted in Amnesty’s short documentary, Justice without Borders.

As we enter the new year the U.S. State Department is finishing the touches on its annual human rights report. When I took over as Egypt country specialist for Amnesty back in the 1990s, Egyptian activists used to look forward to the report’s publication.  It was a rare occasion that any official body of influence called the Egyptian government on its human rights abuses.  It gave their work particularly against torture, legitimacy and moral support.

But this year, as in the past few years, the report will be ignored by my activist colleagues in Egypt.  Today’s New York Times has a story that explains why.

The story is about ex-Guantanamo detainee Muhammad Saad Iqbal.  After more than six years in American custody, Iqbal is now free, never having been charged with any crime, but he suffers from years of abuse.  Some of the worse came when the Americans rendered him to Egyptian authorities, whom, Iqbal says, tortured him.  You can read his story here.

This year’s State Department report will criticize the Egyptians for torture.  It will echo Amnesty’s own language accusing the Egyptians of systemmatic torture and impunity for the torturers.  But as the evidence mounts that American officials are complicit in the same abuses that they criticize, this year those words just don’t mean as much.

This week, Human Rights First (HRF) issued a report, “How to End Impunity for Private Security and Other Contractors: Blueprint for the Next Administration“.

The report helpfully encapsulates many of the calls for better oversight, monitoring and accountability that HRF, Amnesty International and others have been calling for with regard to companies, like Blackwater, Titan, KBR…, whose personnel have engaged in human rights abuses from rape and torture to killing, with impunity.

It also posits some fresh ideas into the conversation, such as extending the Freedom of Information Act (FOIA) to these companies and reforming state secret and other privileges that often get in the way of justice for victims.

However, the report suffers from an oversimplification, with an implied reference to fossilized examples as representative of the scope of the problem. In this sense, it feels like a recycled agenda from a “multi-stakeholder” conference. 

We should be working together to progress most of the recommendations in the report, but a few things should not be sacrificed in the name of appearing practical: human rights abuses should be prosecuted because we don’t tolerate them, period, not just because they foster hostility toward us and undermine military missions; the US shouldn’t consider whether to ban contractor roles in rendition, it should prohibit any role in rendition, which is illegal; UCMJ application to company personnel shouldn’t be revised, it should be repealed — why should we potentially subject the entire world (the result of subcontracting of third-country nationals) to the US military justice system?

Finally, let’s tell it like it is: many companies that provide services directly or indirectly to military operations shun “military” as part of an identification of their industry, instead often preferring “security” contractor or provider which sounds more benign. With few exceptions, HRF’s report should make them happy. Even its title does not mention the word military.

Member of staff at the FAFG studying human remains in order to identify them, 12 June 2008. © Private

Excavating human remains, using forensic techniques to identify them, hoping the evidence will help bring the killers to justice–it may sound fascinating and even glamorous to some, but this is no “CSI Miami”. These investigators have been threatened, followed, watched, and shot at on many occasions because of their work to combat impunity. The Guatemalan Foundation of Forensic Anthropology (Fundación Guatemalteca de Antropología Forense – FAFG) carries out forensic investigations and exhumations of mass graves dating from the time of Guatemala’s internal armed conflict (1960-1996). The uncovering of mass graves and the identification of human remains is a key contribution to the pursuit of truth, justice and reparation for the relatives of the dead and disappeared and the survivors of the armed conflict, most of whom are indigenous people.

Despite hard work by organizations like the FAFG, and high-profile individuals like Nobel laureate Rigoberta Menchú, violations against human rights defenders in Guatemala are widespread and show no signs of improvement. Many defenders have received so many threats and acts of intimidation that they have stopped or radically curtailed their important work. You can lend your support and encouragement to the FAFG by taking part in this year’s Holiday Card Action, in which people send cards with messages of solidarity and hope to human rights defenders, prisoners of conscience and others who may fear they’ve been forgotten by the world.

The situation in the eastern Democratic Republic of Congo remains fragile, after rebel forces and local militia clashed north of Goma. More than 250,000 people have been displaced by the recent fighting and the humanitarian situation remains catastrophic. The UN Refugee Agency (UNHCR) is currently trying to find out what happened to the 50,000 people that were previously housed in the area. “As we feared, three internal displacement sites run by UNHCR near the town of Rutshuru in eastern DRC (…) have been destroyed and emptied,” David Benthu Nthengwe, UNHCR external relations officer, told IRIN “We and our partners are now trying to determine the whereabouts of tens of thousands of IDPs from the camps.”

The fighting in eastern DRC represents only a recent spike in violence in a country plagued by years of war. One of the underlying causes of the conflict is the ongoing impunity for perpetrators of the most egregious human rights violations, including sexual violence against women and recruitment of child soldiers. Despite having the largest UN peacekeeping force in the world, the question remains: what else can the international community do to bring lasting peace to the people of the DRC?