ICC Review Conference: Governments Should Commit to Justice

As you may have noticed, we released our Annual Report today. As always, both state and non-state actors are doing a great job at abusing human rights. But what’s becoming clearer and clearer is that governments are evading their responsibility to ensure justice and accountability for the victims of human rights abuses. This year’s Annual Report highlights this trend: the increasing tendency of governments to block advances in international justice by shielding allies from criticism and acting only when it’s politically convenient.

The need for effective global justice is a key lesson from the past year. Justice provides fairness and truth to those who suffer violations, deters human rights abuses, and ultimately delivers a more stable and secure world – Claudio Cordone, interim Secretary General of Amnesty International

But there’s still hope. On Sunday, State Parties to the International Criminal Court (ICC) will gather in Kampala, Uganda, for the Review Conference of the Rome Statute of the ICC. From May 31st to June 11th, states will have an opportunity to reaffirm their commitment to ending impunity for crimes against humanity, war crimes and genocide.

This is a fundamental break with history. The old era of impunity is over. In its place, slowly but surely, we are witnessing the birth of a new “age of accountability.” It began with the special tribunals set up in Rwanda and the former Yugoslavia; today, the ICC is the keystone of a growing system of global justice that includes international tribunals, mixed international-national courts and domestic prosecutions – UN Secretary General Ban Ki-moon

There are three proposed amendment to the Rome Statute that will be considered by State Parties during the Review Conference: the deletion of Article 124, which allows states to exempt themselves from the Court’s jurisdiction for the first seven years after their ratification of the Rome Statute; the addition of the crime of aggression to the Court’s jurisdiction; and the amendment of Article 8 to classify the use of certain weapons, such as poison or poisoned weapons, asphyxiating gases and bullets that expand or flatten easily in the human body, as war crimes in non-international conflicts. SEE THE REST OF THIS POST

Human Rights Commissioners ask how the U.S. can end Violence Against Women.

Humaira Shahid speaking at I-VAWA introduction event. (c) Alex RobinsonEarlier this month, I attended the Congressional Tom Lantos Human Rights Commission hearing on Violence Against Women.  This hearing and the witnesses’ testimonies demonstrated the immediate need for passage of the International Violence Against Women Act (I-VAWA), a bill that was introduced in February in both the House and the Senate.  In a great showing of solidarity, the room was filled past “standing room only;” people were even sitting on the floor!
Demonstrating their bipartisan support, I-VAWA champions Congressmen Delahunt (D-MA) and Poe (R-TX) testified and spoke of their support for the bill’s passage.  Congressman Delahunt referred to domestic violence against women legislation, and noted its great impact.  “I daresay making violence against women a priority and a component in our foreign policy…over time… we will see the kind of results we’ve seen here elsewhere.”  Congressman Poe addressed the issue of the United States taking on this large leadership role in ending violence against women globally.  “The U.S. should be the leader on human rights around the world; it’s what we do in this country.”  Quoting his granny – and the philosophy of grandmothers worldwide – Poe continued, “You never hurt somebody you claim to love.”  The women being abused, raped, and murdered across the globe could easily be our mothers, grandmothers, daughters, and sisters here in the U.S.

The esteemed panel of witnesses was made up of  Ambassador-at-Large for the Office of War Crimes Issues Stephen Rapp, Lydia Mungherera, founder of Mama’s Club in Uganda and Board Member of Global Aids Alliance, Humaira Shahid, a former journalist and parliamentarian from Pakistan, Gary Barker from the International Center for Research on Women who spoke about the value of engaging men and boys in the struggle to against violence and Retired Major-General Patrick Cammaert, a former UN Force Commander.

SEE THE REST OF THIS POST

US Senators Show Support for Uganda's LGBT Community

Last week, the U.S. Senate was unanimous as it passed a resolution calling on members of the Ugandan Parliament to reject the proposed Anti-Homosexuality Bill and to repeal similar laws aimed at discriminating against individuals based on their sexual orientation.

Co-sponsors of the Senate resolution stressed the “universality of human rights,” while sending a message to Secretary of State Clinton to more closely monitor human rights abuses that are motivated by sexual orientation. We have been a part of the fight against the Anti-Homosexuality Bill and have expressed serious concerns over the bill, joining other human rights groups in calling for the bill’s repeal. The passing of the Senate’s resolution is a victory for human rights defenders and a boost for our calls for equality and human rights.

Widespread international criticism of the bill has led the Ugandan Parliament to establish a committee to review the bill, which recommended changes be made to the bill but without actually calling for the bill’s repeal. The bill is currently before the Parliamentary and Legal Affairs Committee. The Committee has given no indication of when they would begin to debate the bill but we are continuing to monitor this very closely.

Msia Clark, Uganda Country Specialist, contributed to this post

Little Access to Justice for Women in Uganda

Lately, when we think about Uganda, we usually think about two things: the Lord’s Resistance Army and the Anti-Homosexuality Bill. But let’s not forget about another important issue: the Ugandan government’s failure to fully address the issue of violence against women in Uganda.

Our new report, “I Can’t Afford Justice: Violence against Women in Uganda Continues Unchecked and Unpunished,” paints a stark picture of the violence and lack of justice women in Uganda are faced with on a daily basis. Violence against women and girls in Uganda is widespread and is exacerbated by discrimination based on ethnicity, sexual orientation, class and age.

Attitudes that accept and justify violence against women are widely held within Ugandan society. When we interviewed women in Uganda, they expressed their frustrations with the obstacles to pursuing justice in their communities. For many, laws are not enforced, harassment of victims is widespread, and there is no easy access to justice.

An African woman’s no means yes – Ugandan government official

SEE THE REST OF THIS POST

Standing Up for LGBT Rights in Malawi

Back in early January, we called for the unconditional release of Steven Monjeza and Tiwonge Chimbalanga, two men who were arrested after having a traditional engagement ceremony in Malawi. They were charged with “unnatural practices between males and gross public indecency” and were reportedly beaten while in custody. In Malawi, homosexual acts can carry a maximum prison sentence of 14 years. And just yesterday, the BBC reported that there will be a full trial for the two men beginning in April. The men deny the charges and will soon have to begin calling defense witnesses.

This case serves as a sad reminder of the state of LGBT rights in much of Africa. In Uganda, the debate rages on over the Anti-Homosexuality Bill that was introduced in December 2009. In Kenya, anti-gay rallies have been held and attacks have been carried out against openly gay citizens. And in Malawi, religious leaders are responding to the trial by reaffirming their stance against homosexuality. In this climate of hate, those crying out for acceptance cannot be heard.

The trial of these men, purely on the basis of their real or perceived sexual orientation, is a gross violation of their rights to freedom of conscience, expression and privacy – Véronique Aubert, Amnesty International’s Deputy Africa Director

Help us stand up and speak out against the trial of Steven and Tiwonge, and remind the Malawian government that criminalization of homosexuality and sexual identity is banned under many of the treaties Malawi has ratified, including the International Covenant on Civil and Political Rights and the African Charter on Human and People’s Rights.

Rebecca Friedrichs contributed to this blog post.

Anti-Homosexuality Bill could mean a death sentence for LGBT People in Uganda

Uganda is a country where the human rights of the lesbian, gay, bisexual, and transgendered (LGBT) community have been stripped away by anti-gay legislation already on the books. The country’s LGBT community has a history of being harassed and silenced by the government and the Ugandan police. A new bill is now being proposed that goes even further by imposing sentences ranging from seven years in prison to death for either being gay or supporting anyone who is. The new Anti-Homosexuality Bill being considered by Uganda’s Parliament proposes a life sentence for engaging in “homosexual activity” and the death sentence for “aggravated homosexuality”.  The bill also imposes a sentence of seven years in prison for anyone providing protection or assistance to LGBT individuals, threatening the valuable work of human rights activists and organizations operating in Uganda.

If this bill is allowed to pass it could have global ripple effects for LGBT activists all over the world. Even Ugandans living abroad, under the proposed bill, could face extradition and imprisonment if charged with being homosexual or in aiding homosexuals in Uganda. If past harassment of the Ugandan LGBT community is any indicator, the proposed bill would likely lead to witch hunts, more harassments, violence, and even extrajudicial executions. The bill’s “nullification” of international treaties that would offer a form of protection or recourse for Uganda’s LGBT people and LGBT activists further limits the role of international bodies and governments.

The proposed bill has garnered attention in the U.S. due to a recent New York Times article citing a link between recent visits by anti-gay American evangelicals and the introduction of the bill. SEE THE REST OF THIS POST

Imprisoned For Love in Malawi

ADAM-022784-0005-C003050410-026974Homosexuality is little tolerated or accepted in much of Africa. South Africa legalized gay marriage in 2006, but incidence of hate crimes towards gay and lesbian persons are not uncommon. Uganda is currently contemplating a new law allowing the death penalty for those convicted of being gay. This criminalization of homosexuality occurs in many African countries, and Malawi is no exception. So when two men pledged their love and commitment to each other last month, they were promptly arrested.

On December 26th, Steven Monjeza and Tiwonge Chimbalanga held a traditional engagement ceremony in Blantyre’s poor township of Chirimba. Two days later, the men were arrested after the story was reported in local newspapers. The charges were “unnatural practices between males and gross public indecency.” They were reportedly beaten by police while in custody.

On January 4th the men appeared in court and were denied bail “for their own safety” and “in the interest of justice.” They are currently being held at Chichiri prison until their next scheduled court appearance on January 11th. Further, Malawian authorities have attempted to compel the men to submit to forcible medical examinations, falsely believing this will prove past sexual relations, in order to charge the men with sodomy.

Laws criminalizing homosexuality violate international human rights treaties, including the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights. Malawi has ratified both these documents and has an obligation to abide by their precepts. Amnesty International considers individuals imprisoned solely for their private consensual sexual relationships as prisoners of conscience and calls for their immediate and unconditional release.

Expressions of love and commitment between consenting adults can never be unnatural nor violative of public decency. Tell Malawi to release these men immediately and that love is not a crime.

Human Rights Flashpoint – September 15, 2009

AFGHANISTAN – Election Recount
The United Nations Electoral Complaints Commission has ordered a recount of about 10 percent of votes from Afghanistan’s recent president election. The recount could reduce President Hamid Karzai’s lead to below the 50 percent threshold, which would in turn force a second-round runoff. The recount will involve polling stations throughout Afghanistan and not only in the south, where Karzai finds his strongest ethnic support and where the worst of the cheating is alleged to have happened.

Second-place candidate Abdullah Abdullah has welcomed the move but believes that a higher percentage of votes should be recounted, claiming the fraud is much more extensive.

Meanwhile, the BBC reports that the chairman of the Joint Chiefs of Staff, Admiral Mike Mullen, predicts the US may require many more troops in Afghanistan to defeat the Taliban, despite a doubling of the force this year. Mullen was speaking to the Senate Armed Services Committee during his nomination hearing for his second term as President Barack Obama’s senior military adviser. US Army General Stanley McChrystal, the top US and NATO commander in Afghanistan, is expected to make a request for more troops in the next couple weeks.

Must Reads

Overheard

We will press for an investigation of all fraud allegations. It is important that the elected president is recognized and respected by the entire population of Afghanistan – German Foreign Minister Frank-Walter Steinmeier, September 15, 2009

A properly resourced counterinsurgency probably means more forces. And, without question, more time and more commitment to the protection of the Afghan people and to the development of good governance – Admiral Mike Mullen, September 15, 2009

UGANDA – Still Chasing the LRA
As the Ugandan rebel Lord’s Resistance Army (LRA) continues to terrorize civilians throughout the region, the Ugandan army is stepping up efforts to put an end to their rebellion. On Friday, the UN reported an increasing number of “brutal” attacks in South Sudan, which have included burning villages, killing civilians and abducting children. There have already been seven attacks leading to civilian displacement in September alone.

Meanwhile, the Ugandan military has captured Okot Atiak, a feared senior rebel of the LRA, while pursuing a military campaign in southeast Central African Republic (CAR). Although Atiak is not one of the 3 LRA commanders indicted by the ICC, his arrest is proving useful to the Ugandan military as he is providing intelligence to troops in the field.

In a separate development, at least 15 people were killed and hundreds arrested following pro-monarchy protests in the Ugandan capital, Kampala. Reuters reports that the police had barred the Buganda monarch, the “Kabaka,” from visiting a town claimed by his kingdom, which triggered riots in Kampala and other central towns. This is part of a long-simmering row over land and power between the Ugandan government and Buganda. Ugandan President Museveni accuses the King of Baganda of overstepping his authority and trying to meddle in politics. Human Rights Watch has accused the Ugandan police of having used unnecessary lethal force during the protests.

Calm has now returned to Kampala, but some analysts say that this is just one of several incidents which point to increasing turmoil ahead of the 2011 elections.

Must Reads

Overheard

Many innocent people are losing their lives every week, and the United Nations is very concerned about the killing, abduction, maiming and displacement of innocent civilians – Ameerah Haq, UN humanitarian coordinator for Sudan, September 11, 2009

It was agreed that since (LRA leader Joseph) Kony is a regional problem, he should be pursued into Central African Republic where he had gone – Uganda military spokesman Lieutenant Colonel Felix Kulayigye, September 7, 2009

Upcoming
September 14-October 2: 12th Session of the UN Human Rights Council.
September 14: US Special Envoy to the Middle East George Mitchell starts trip to Israel, Egypt, Jordan and Lebanon.

Juliette Rousselot contributed to this post.

Human Rights Flashpoints is a weekly column about countries at risk of escalating human rights violations and is brought to you by AIUSA’s Crisis Prevention and Response team.