Friday, March 22, 2013

HORNWATCH Statement on UN Human Rights Council resolution on human rights defenders calls for an end to impunity and the protection of dissent

HORNWATCH national human rights independent organization based in Hargeisa, the capital city of Republic of Somalialand,  welcomes the UN Human Rights Council’s (UNHRC) adoption of a new resolution on human rights defenders (HRDs), without a vote and with broad cross-regional support.

The resolution is important as, among other things, it:
  • Strongly calls upon States to end impunity for acts of intimidation or retaliations against HRDs, and to avoid criminalization and other weaknesses to their work;
  • Recognizes the importance of new forms of communication, online and offline, for the work of HRDs in promoting and striving for the protection of human rights;
  • Calls upon States to not impose discriminatory restrictions on potential sources of funding aimed at supporting the work of HRDs;
  • Recognizes access to information as a human right, and calls upon public authorities to proactively disclose information on human rights abuses.
We call upon States to ensure the resolution interprets into concrete action to protect and facilitate the work of HRDs, including full protection for their freedom of expression rights.
The resolution on “protecting human rights defenders” (A/HRC/22/L.13) was adopted at the 22nd Session of the UNHRC in Geneva on 21 March 2013. The resolution, tabled by Norway, received the support of 62 states across 6 continents, and was adopted without a vote.
We welcome the resolution as a significant declaration by the UNHRC reaffirming the positive obligation upon States to facilitate the work of HRDs, and remove obstacles to their work, including legislation that illegitimately criminalises the exercise of the right to freedom of expression and information.
In particular, we welcome the fact that the resolution supports the obligation upon States to:
  • Create a safe and enabling environment in which HRDs can operate free from hindrance and insecurity, including the duty to end impunity;
  • Ensure laws do not prevent public officials from being held accountable and that penalties for defamation are proportionate;
  • Ensure laws to protect national security are not misused to target HRDs and that counter-terrorism measures comply with international human rights standards;
  • Ensure HRDs can perform their important role in the context of peaceful protests;
  • Ensure that reporting requirements for civil society do not inhibit functional autonomy, and that no law bans or places discriminatory restrictions on funding sources;
  • Ensure access to information as a human right, and requires public authorities to proactively disclose information, including on grave violations of human rights;
  • Protect the expression of dissenting views;
  • Protect the right of all people to access and use the Internet.

Alex Gibney Explores The World Of Julian Assange In First Trailer For We Steal Secrets

MOVIE NEWS


Author: Eric Eisenberg

Alex Gibney is easily one of the finest documentary filmmakers we have. From his exploration of torture practices in Iraq, Afghanistan and Guantanamo Bay in the Oscar winning Taxi To The Dark Side to the in-depth look at one of the greatest writers to ever live in Gonzo: The Life and Work of Dr. Hunter S. Thompson, the filmmaker has explored stories of all different shapes and sizes, and provided an interesting and engaging look into each and every one of them. And with his latest he explores one of the most notorious figures to emerge in the last few years: Wikileaks founder Julian Assange.

As seen above, Apple has debuted the first trailer for We Steal Secrets: The Story of WikiLeaks, which takes an in-depth look at how the Australian journalist shocked the world by giving the public access to some of the government's most top secret files. Adding an interesting twist to the tale, Gibney also uses the film to tell the story of Pfc. Bradley Manning, a solider who successfully downloaded hundreds of classified documents from US military and diplomatic servers.

The doc will be in theaters on May 24th, but it won't be the only movie we see about Assange this year. This November Benedict Cumberbatch will be playing the Wikileaks founder in the new Bill Condon drama The Fifth Estate. While film hasn't even been finished yet, Assange has already denounced the movie as a "massive propaganda attack," so I'd be very curious to hear his thoughts on Gibney's latest work. I'm sure it's only a matter of time.

 

DR Congo: Congolese Warlord Should Face Justice




US Says Working on Sending Bosco Ntaganda to the ICC
Congolese warlord Bosco Ntaganda remains at large. He should also face arrest.
© 2010 Reuters
(Washington, DC) – The United States government indicated it would send the Congolese rebel leader Bosco Ntaganda to the International Criminal Court (ICC) to be tried for grave international crimes. Ntaganda turned himself in to the US embassy in Kigali, Rwanda, on March 18, 2013.



The US State Department confirmed that Ntaganda was in the embassy and that it was consulting with other governments to facilitate what it said was his request to be transferred to The Hague. For several years, the US has called for Ntaganda’s arrest and transfer to the ICC. In early 2013 it added Ntaganda to its “War Crimes Rewards Program,” which offers monetary rewards for information leading to the arrest of suspects wanted by the ICC and other international tribunals.

“Bosco Ntaganda has for more than a decade led troops that have murdered, raped, and pillaged across eastern Congo,” said Ida Sawyer, Africa researcher at Human Rights Watch. “The United States has long been a strong voice for Ntaganda’s arrest. Now it can ensure that he finally faces justice, as the victims of these abuses have waited far too long.”

It is unclear why Ntaganda suddenly turned himself in to the US embassy and asked to be transferred to the ICC. A recent outbreak of hostilities between two factions of the M23 rebel group, headed by Ntaganda and other commanders, resulted in the faction opposed to Ntaganda apparently gaining the upper hand.

The ICC issued an arrest warrant in 2006 against Ntaganda for the war crimes of recruiting and enlisting children under 15 as soldiers and using them in hostilities when he commanded military operations for the Union of Congolese Patriots (UPC), another rebel group, in the Ituri district of northeastern Congo in 2002-2003. His former ally Thomas Lubanga faced similar charges and was the first person convicted by the ICC. In July 2012 the ICC issued a second warrant against Ntaganda for war crimes and crimes against humanity, including murder, rape and sexual slavery, pillage, and persecution allegedly committed during the same period.

In the years after the 2002-2003 hostilities, Ntaganda joined other armed groups and continued to lead troops responsible for grave abuses in the Kivu provinces of eastern Congo. In January 2009, under a peace deal ending a previous rebellion, the Congolese government named him a general in the Congolese army. He remained in that post until he and others led a mutiny and created a new rebel group, the M23, in April 2012. The armed group has received significant support from Rwandan military officials since its inception, according to Human Rights Watch research. Over the past year, M23 rebels have been responsible for numerous war crimes, including killings, rape, and recruitment of children.

The ICC does not have a police force and relies on the cooperation of governments to carry out pending arrest warrants. The United States is not a member state of the Rome Statute of the ICC and is therefore not legally obligated to cooperate in executing the court’s orders. However, it may do so.

The integration into the Congolese army of former warlords, many of whom are known human rights violators, has fostered a culture that encourages, rather than deters, serious abuses. In the context of ongoing peace talks with the M23 in Kampala, Uganda, the Congolese government should honor its commitment not to reintegrate known human rights abusers into the army.

“Ntaganda’s appearance in the dock at a fair and credible trial of the ICC would send a strong message to other abusers that they too may face justice one day,” Sawyer said. “The Congolese government needs to play its part by investigating war crimes by the army and fairly trying those responsible.”

Royal Dutch Shell CEO Highlights Somalia Holdings

Dow Jones Newswires

Royal Dutch Shell's (RDSA, RDSA.LN) African exploration interests are currently focused on Tanzania and Zanzibar, CEO Peter Voser said Thursday, though he also mentioned the oil giant has blocks of land available in Somalia.

Mr. Voser's Somalia comments are the clearest indication yet the Anglo-Dutch major may exercise exploration rights that are more than 20 years old, signed before the African nation descended into brutal civil war. He addressed the company's interests in Africa with reporters on the sidelines of a luncheon in Boston.

"We have our exploration blocks in Tanzania Zanzibar and that has all of our focus at the moment," Mr. Voser said, while declining to address a reporter's question about Mozambique.

Meantime, "we have also further blocks further north in Somalia. So we are pursuing our organic exploration strategy," the CEO also said.

Shell, along with fellow oil majors BP PLC (BP, BP.LN) and Chevron Corp. (CVX), were granted exploration licenses for Somalia by the then-government of Major General Mohamed Siad Barre, whose regime was toppled in 1991. The companies declared force majeure and quit Somalia as the country descended into lawlessness.

Speculation has swirled since the election of a new permanent president last year as to whether big Western oil companies would be encouraged to return, bringing much needed investment. The issue has been complicated by two semi-autonomous regions in northern Somalia, Puntland and Somaliland, which have granted their own licenses to smaller, more prospective explorers, some which overlap with earlier licenses handed out to other firms.

Mr. Voser addressed broader themes in his address to the Boston College-hosted event, such as how booming natural gas supplies can help lessen greenhouse gas emissions.

Write to Jon Kamp at jon.kamp@dowjones.com

Subscribe to WSJ: http://online.wsj.com?mod=djnwires
 

Briefing: The risks and rewards of easing Somalia's arms embargo

Photo: UN Photo/Stuart Price
NAIROBI, 21 March 2013 (IRIN) - The UN Security Council earlier this month relaxed a long-standing arms embargo on Somalia, allowing the government to purchase light weapons for 12 months.

“On the arms embargo, originally imposed in 1992, the Council decided that it would not apply to arms or equipment sold or supplied solely for the development of the government’s security forces, but it kept its restrictions in place on heavy weapons, such as surface-to-air missiles,” UN Security Council Resolution 2093, adopted on 6 March, said.

The government - or member states delivering weapons - are required to notify the Council’s sanctions committee of any such deliveries.

Below, IRIN has put together a briefing on the implications of easing the embargo.

Why ease the embargo?

For more than two decades after the fall of Siyad Barre in 1991, Somalia experienced widespread gun violence in the form of clan conflict and, more recently, conflict involving the African Union Mission in Somalia (AMISOM)-supported government and Islamist insurgent group Al-Shabab.

According to the UN Monitoring Group for Somalia and Eritrea, between May 2004 and July 2011, some 445 instances of arms transfers or seizures, involving almost 50,000 small arms and light weapons, took place in Somalia. Also in violation of the embargo, arms continued to flow into Somalia by land, air and sea from countries like Eritrea, Ethiopia and Yemen.

But following more than a year of relative stability in Mogadishu and many other parts of south-central Somalia, some analysts expressed a desire to see the UN relax the embargo. In February, the Heritage Institute for Policy Studies (HIPS), a Mogadishu-based think tank, urged the US to “lobby for a gradual end to the arms embargo on Somalia… so that the Federal Government can take a qualitative monopoly on the instruments of legitimate violence”.

Easing the arms embargo would, according to HIPS director Abdi Aynte, “gradually give the Somali National Army [SNA] the qualitative edge over their principal adversaries, such as Al-Shabab”.

“At the moment, the SNA is battling Al-Shabab using the same [old] AK47s. They'd have to change, especially if we want the SNA to ultimately defeat Al-Shabab,” he told IRIN. “It would allow the Somali government to gradually monopolize the use of legitimate force. Currently, all actors are armed to the teeth, and that won't change for some time, but it could be reversed over time.”

In a statement, President Hassan Sheikh Mohamud welcomed the decision to lift the embargo as a reflection of “a new and steadily improving political situation in Somalia”.

“Thousands of Somali National Army recruits, trained by our international partners, have returned to Somalia but have been unable to perform their security duties effectively alongside AMISOM troops because the government was unable to access the equipment they needed,” he added. “Lifting the arms embargo was the missing element, and now the gap has been filled.”

“At the moment, the Somali National Army is battling Al-Shabab using the same [old] AK47s. They'd have to change, especially if we want the SNA to ultimately defeat Al-Shabab”

Abdullahi Boru Halakhe, a Horn of Africa analyst, said the resolution made necessary compromises between the need for legitimate weapons and the fear of illegal ones. “The way the resolution was crafted struck a balance between the concerns of those who feel the country is still [too] awash with weapons for the embargo to be lifted, and those who consider the government needs to be able to purchase weapons to provide security for its people,” he said.

What are the risks?

Halakhe warned, however, that “even the best laid plans can go awry”.

“The immediate danger is if the weapons find their way in the hands of groups like Al-Shabab through corrupt government officials/security officers,” which could lead to “an incredibly difficult situation, where these weapons could fuel further conflict”.

Two days before the embargo was lifted, rights group Amnesty International called on the UN Security Council to keep the embargo in place, and even strengthen it, citing the possibility of groups like Al-Shabab becoming better armed.

“For several years, the arms embargo on Somalia has been continuously violated, with arms supplied to armed groups on all sides of the conflict. The flow of arms to Somalia has fuelled serious human rights abuses,” Gemma Davies, Amnesty International’s Somalia researcher, said in a statement that stressed the risks of “removing existing mechanisms of transparency and accountability”.

“Without adequate safeguards, arms transfers may expose Somali civilians to even greater risk and worsen the humanitarian situation,” she added.

Countries within the region are wary of the easing of the embargo, fearing that it could, if managed poorly, allow illegal weapons to flow out of Somalia and into the region, where they could be used to create instability.

“As a sovereign state, Somalia is entitled to strengthen its security and defence. The present situation in Somalia, however, is still fragile… The institutions that control and manage small arms are not yet stable, with the AU still the factor holding the peace and return to stability. Already, there are so many illegal guns within Somalia and these are yet to be properly accounted for, managed and effectively controlled,” said Joe Burua, of Uganda’s National Focal Point on Small Arms.

“Letting more arms into Somalia will only give credence to the illegal ones [as] trade commodities, basically supporting illegal trade in firearms as security tightens.”
Photo: Aweys Osman Yusuf/IRIN Past their fire-by date (file photo)

He noted that while experts believe few guns have so far left Somalia for other countries in the region, “the fear is, like the Cold War era of the West and Eastern bloc countries, when the war is concluded, unscrupulous characters will seize the opportunity to engage in illegal trade in firearms”.

What safeguards are needed?

According to Burua, if the lifting of the embargo is to work, Somalia’s government will need to, among other things: strengthen internal measures for the safe storage of firearms; sensitize armed communities about the dangers of possessing illegal firearms; conduct a robust demobilization and disarmament programme; enact an amnesty for armed communities that voluntarily surrender their firearms; strengthen the capacity of the law enforcement agencies to manage firearms; strengthen laws and regulations on firearms; and partner with neighbouring states to strengthen border points and curtail illegal cross-border transfers.

“At this current juncture during the problematic early stages of the Somali Federal Government, the initial issue before armament should be country-wide disarmament,” Kainan Abdullahi Mohamed said in a recent opinion piece for the Somali new service, Garoowe Online. “Firstly and foremost in the capital, where guns are found as easily as any other product such as soap and groceries.”

He further argued that there would be a need to harmonize and reform the army if the easing of the embargo was to work.

Al Jazeera correspondent Peter Greste notes in a 21 March blog that beyond guns, there is a need for ongoing negotiations on an Arms Trade Treaty to impose strict controls on not just weapons, but ammunition as well.

“As it stands, the treaty places trade in weapons themselves under encouragingly tight controls,” he said. “But the treaty shunts ammunition and spare parts to an annex with far loser restrictions. If those restrictions continue to allow a black market to flourish, the treaty fails, especially in places like Somalia.”

Amnesty International has also made the case for stronger controls on ammunition.

Somalia has attempted disarmament several times in the past. The Islamic Courts Union’s disarmament efforts in 2006 were met with stiff resistance by warlords. In 2007, the prime minister of the Transitional Federal Government extended an amnesty to Islamists and established collection points for arms around Mogadishu. This, too, was met with resistance.

There is also the issue of how much of a role AMISOM should play in supporting the purchase or monitoring of weapons. HIPS’s Aynte says that while AMISOM should not, in the long term, be an intermediary in the procurement of weapons, the Somali government needs to first put in place “verifiable mechanisms for purchasing, accounting and accountability before going on an arms shopping spree”.

“There are groups and communities in Somalia and abroad that are legitimately concerned about the capacity of the SNA to buy arms… The government must allay these fears by reforming the SNF and making it more competent, credible, inclusive and, above all, accountable to a strong and transparent judicial system,” he added.

President Mohamud’s statement made it clear that the Somali army would continue to work with AMISOM to execute its duties. The SNA and the country’s police force are undergoing a process of reform with the support of AMISOM, the UN and neighbouring countries like Uganda.

Halakhe, the analyst, said, “I hope besides providing security, the AU forces will able to monitor that these weapons do not find their way into the hands of Al-Shabab and other similar destabilizing forces… We need to move slowly.”

kr/rz