Human rights abuses continue in Iraq, despite security improvement - UN

Grave rights abuses persisted in Iraq during the first half of this year, including targeted killings of professionals, assaults on minorities, alleged widespread torture of detainees and attacks against women, despite great improvements in general security, according to a new United Nations report released today.

“Grave human rights violations that are less widely reported [than general security], and the elimination of which requires long-term political commitment, remain unaddressed,” the UN Assistance Mission for Iraq (UNAMI) said in its latest rights report, calling on the Government to institute a slew of steps ranging from protection of minorities and women to prompt access for detainees to legal counsel and an end to impunity for abuses.

“Ongoing widespread ill-treatment and torture of detainees by Iraqi law enforcement authorities, amidst pervasive impunity of current and past human rights abuses, constitute severe breaches of international human rights obligations and represent examples of challenges faced by the Iraqi government,” it added.

The targeted killings of journalists, educators, medical doctors, judges and lawyers continued, as did criminal abductions for ransom and “a great number of murders, alleged suicides and other suspected ‘honour crimes’ were reported from the Region of Kurdistan,” it noted. “Journalists and media workers remain one of the most vulnerable professional groups throughout Iraq, being subjected to threats, targeted violence, kidnappings and assassination.

Meanwhile, minorities continued to be the victims of targeted similar violence and the destruction of property and cultural sites, while the situation of detainees across the country, including Kurdistan, remains “of great concern,” with many being deprived of their liberty for months or even years, often under harsh physical conditions, without access to defence counsel, or without being formally charged with a crime or produced before a judge.

“Yet again, slow bureaucratic procedures, insufficient resources, degraded infrastructure and lack of effective accountability measures result in inordinate delays in processing detainees’ cases,” the report, covering the period from 1 January to 30 June, said.

The number of detainees in Iraqi Government custody remained higher in the first six months of 2008 than in the second half of 2007, totalling 24,360 in June 2008, compared with 23,765 in December 2007, with the increase in large part attributable to ongoing arrests after crackdowns on suspected insurgents in many parts of the country.

The number of detainees held by the United States-led Multinational Forces in IRAQ (MNF-I) remained steady at between 21,000 and 23,000 and was down to 21,881 on 30 June 2008. “UNAMI remained concerned about the internment of suspects in MNF-I custody for prolonged periods without judicial review of their cases, and administrative review procedures that do not fulfil the requirement to grant detainees due process in accordance with internationally recognized norms,” the report said.

It called on the Iraqi Government to adopt effective measures to support vulnerable communities, including religious and ethnic minorities, investigate incidents involving gender-based violence, in particular so-called ‘honour crimes’ perpetrated against women, ensuring that perpetrators are held accountable and brought to justice, and grant detainees timely, regular and adequate access to relatives and legal counsel.

The abuse of detainees, including juveniles, must be urgently addressed, impunity ended, and prison overcrowding and poor sanitation and hygiene conditions improved.

The report called for similar measures from the Kurdistan Regional Government and urged it to consider a moratorium on the death penalty pending a thorough review of legal proceedings followed at both pre-trial and trial stages.

It called on MNF-I to continue investigating thoroughly, promptly and impartially all credible allegations of unlawful killings by its military personnel, and take appropriate action against those found to have used excessive or indiscriminate force.

Security operations in Basra and Sadr City by the Iraqi forces and MNF-I between March and involved heavy fighting in densely populated urban areas, where militia members positioned themselves, resulting in hundreds of civilian deaths and injuries, it said.

The report also called on MNF-I to consider implementing basic due process guarantees enshrined in international human rights law to improve detainees’ access to defence counsel, and granting access to MNF-I detention facilities to independent human rights monitors, including UNAMI.

MNF-I should also continue to investigate reported deaths caused by privately hired contractors working on behalf of the US Government and strengthen effective mechanisms for holding them accountable for unlawful killings.

UN expert urges Nepal to act on commitments to indigenous rights

An independent United Nations human rights expert wrapped up a nine-day visit to Nepal today by pressing its Government to ensure that the country’s indigenous people, who have experienced “a long history of oppression and marginalisation,” receive fair representation and resources.

“This is a critical moment to respond to the many challenges that indigenous peoples of Nepal face,” said James Anaya, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples.

“While I am encouraged by expressions of commitment by the Government of Nepal to advance the rights of indigenous peoples, much needs to be done,” he added.

The Special Rapporteur stressed that Nepal was the first Asian country to ratify a convention of the UN International Labour Organization (ILO), which commits States to securing indigenous peoples’ distinct cultures and ways of life, rights over lands and natural resources, and the right to meaningfully participate in all decisions affecting them.

He noted, however, that although a number of positive measures have been planned for the economic and social benefit of indigenous communities, the Government needed to better focus its actions on securing the survival of distinct communities of indigenous peoples within a genuine multicultural political and social order.

“A long history of oppression and marginalization has excluded indigenous peoples from political representation and decision-making, full citizenship, and economic and educational opportunities; and their distinct cultures and languages have been continuously threatened,” said Mr. Anaya.

“Indigenous communities have been forcibly displaced from their ancestral lands and denied property rights, and they often lack access to justice. Indigenous women have suffered additional forms of discrimination and abuse,” he added.

Nepal endured a decade-long civil war that claimed an estimated 13,000 lives until the Government and the Maoists signed a peace deal in 2006 and conducted Constituent Assembly elections earlier this year.

In May, the nation abolished its 240-year-old monarchy and declared itself a republic and Ram Baran Yadav was subsequently elected as the country’s first President.

Although a significant number of Constituent Assembly members belong to indigenous groups, the Special Rapporteur argued for additional mechanisms in the constitution-making process that consult directly with indigenous peoples, through their own chosen representatives and in accordance with their own methods of decision-making, as required by the international standards to which Nepal has committed.

“Indigenous peoples’ legitimate demands for self-determination and autonomy need to be adequately incorporated into ongoing discussions about the federal structure that is expected to be embodied in the new constitution,” Mr. Anaya said.

Financial crisis could drive more people into slave-like conditions, Ban warns

Slavery was formally abolished two centuries ago, but some 27 million people are still victims of the scourge, Secretary-General Ban Ki-moon said today, warning that the current global economic turmoil could aggravate the situation.

“Poor people are likely to be driven further into poverty, making them more vulnerable to slavery-like practices,” he said in a message on the International Day for the Abolition of Slavery.

“Those who consciously exploit them will have to extract even more to profit, and consumers who may not be aware of the consequences will be more likely to purchase products whose labour costs are kept unreasonably low.”

Mr. Ban called on governments, civil society, the private sector and individuals to join the fight against slavery, protect victims and raise awareness of the issue.

“We need new strategies to deal with this old curse,” he said. “We need to change laws, and we need to alter attitudes and customs.”

The Secretary-General pointed out that with the 60th anniversary of the Universal Declaration of Human Rights just around the corner, one of its key principles – that “no one shall be held in slavery or servitude” – must be made a reality.

The United Nations independent expert on contemporary forms of slavery, its causes and consequences also decried the practice, noting that in spite of positive steps made in addressing slavery, “these efforts seem to be insufficient.”

Special Rapporteur Gulnara Shahinian, who has been serving in the capacity since this May, said that recent cases of governments’ failures to protect their citizens from the scourge highlight the need to acknowledge that traditional forms of slavery still exist.

“Stronger political will from governments is needed to introduce respective changes in national legislation, enforce the laws and develop sustainable programmes that would include education for law enforcement officials, fight corruption, and provide economic opportunities and, where necessary, compensation or rehabilitation for those who have suffered from slavery, she said.

“Slavery is a crime against humanity,” declared United Nations High Commissioner for Human Rights Navi Pillay, adding that it has “shattered human lives and destroyed societies.”

Like the Secretary-General, Ms. Pillay also cautioned that the worldwide financial turmoil could push more people into slavery and exert more pressure on those already victimized by the “disgraceful crime.”

The struggle against slavery has revealed the scope of human dignity and nobility, she said, pointing to the recent case of a former slave from Niger who took her Government to court for not upholding its anti-slavery laws.

“She stood up to those who had allowed her to be enslaved, and bravely opposed a practice that traditionally silences its victims and negates their humanity.”

The UN independent expert on contemporary forms of slavery, its causes and consequences also decried the practice, noting that in spite of positive steps made in addressing slavery, “these efforts seem to be insufficient.”

Special Rapporteur Gulnara Shahinian, who has been serving in the capacity since this May, said that recent cases of governments’ failures to protect their citizens from the scourge highlight the need to acknowledge that traditional forms of slavery still exist.

“Stronger political will from governments is needed to introduce respective changes in national legislation, enforce the laws and develop sustainable programmes that would include education for law enforcement officials, fight corruption, and provide economic opportunities and, where necessary, compensation or rehabilitation for those who have suffered from slavery, she said.

UN experts call for strong government response to anti-Roma violence in Europe

Two United Nations human rights experts today expressed grave concern over the recent rise in anti-Roma sentiment and violent incidents in several European countries, calling for a stronger response from governments.

“Effective action is required to stem the growing tide of hostility, anti-Roma sentiment and violence across Europe,” UN Independent Expert on minority issues Gay McDougall said in a statement.

“Where a hard core of extremism exists in society and is willing to perpetrate violence, the full force of the criminal justice system must be used to protect targeted populations.”

The UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related forms of intolerance, Githu Muigai, said such actions “reveal serious and deep-rooted problems of racism and discrimination against Roma at the heart of modern Europe that must be addressed in the most vigorous manner and through the rule of law.”

In the latest incident on 17 November, far-right supporters armed with stones and petrol bombs besieged a Roma community in the Czech town of Litvinov and were prevented from attacking the community only by a concerted police response.

“Extremists may feel they have licence for their attacks when the message they receive from government activities in other spheres is also that the Roma are a problem,” Ms. McDougall said.

“Governments must strongly condemn such actions. Moreover they must be committed to finding ways to create safe environments for all by carefully monitoring and strengthening their own anti-racism activities, through leadership and public education, by swiftly denouncing hate speech and prosecuting the racist and violent actions of others in society.”

Both experts consider the policies and actions of numerous States have been inadequate, at best, to resolve intolerable conditions of poverty, marginalization and exclusion experienced by the Roma. Policies such as fingerprinting Roma, abuse by police, and racist statements by senior public officials contribute to creating a climate in which societal discrimination and racism are sustained and enhanced.

The experts said the growing number of incidents requires both a national and Europe-wide response. “A strong message must be sent by the European Union and acted upon by Member States. It is unacceptable for any sector of society to be vilified, threatened and attacked,” Mr. Muigai said.

While welcoming the actions of the Czech authorities and police to protect the Roma community in the most recent incident, the experts noted that solutions must address the root causes of problems as well as their violent symptoms. International law, European directives and national policies must be strongly enforced by national governments and at the level of local government where “the message of anti-racism is simply not getting through,” Ms. McDougall said.