Posts Tagged ‘transitional justice’

Nepal: transitional justice a moving goal

August 26, 2020

Nepal continues to struggle with the implementation of of the transitional justice process. Victims of the armed conflict and human rights defenders have opposed the idea of forming a political mechanism to facilitate the conclusion of the transitional justice process, as proposed by the six-member task force formed to propose measures to end the months-long dispute within the ruling party. The idea, first proposed by Nepal Communist Party co-chair Pushpa Kamal Dahal during the Standing Committee meeting in December last year, will politicise the entire process if implemented, and work in favour of the perpetrators, they say. “I am shocked to see the recommendations. They are against the principles of jurisprudence and transitional justice,” said Ram Bhandari, chairperson of Network of the Families of Disappeared referring to the recommendations made by the task force.

Parties should stop politicising the transitional justice process. Forming a political mechanism would be an illegal move,Kalyan Shrestha, a former chief justice at the Supreme Court whose bench directed the government to remove the amnesty provisions in the transitional justice Act, told the Post. He said the political parties, who were the parties to the conflict, are in one place now treating the victims as the defeated force. Shrestha said that transitional justice has a universal jurisprudence and it must be abided by.

In a thoughtful piece of 26 August 2020 Mohna Ansari, Commissioner of the National Human Rights Commission of Nepal, argues that Nepal must reboot human rights, rule of law” puts this in context:

Human Rights Defenders in Sri Lanka: fear return to a ‘state of fear’

June 14, 2020

Families hold photographs of missing loved ones during a protest in Sri Lanka Families hold photographs of missing loved ones during a protest in Colombo, Sri Lanka’s largest city, in February 2020. (TNH)

Rights groups are warning of a crackdown on dissent and rising authoritarianism in Sri Lanka, raising fears for the future of long-stalled civil war reconciliation efforts. Since President Gotabaya Rajapaksa took office after November elections, local rights activists have reported a rise in surveillance by state security forces, threats, and other measures more common during the country’s 26-year civil war, which ended in 2009, as well as its aftermath. A long piece in the New Humanitarian of 10 june 2020 gives the details:

Surveillance has always been there, but since the election what we have seen is that it’s more open and more rampant,” said Shreen Saroor, a women’s rights activist…

Human Rights Watch says Rajapaksa is re-establishing a “state of fear” in Sri Lanka, citing interviews with dozens of activists and journalists. Many local journalists say they are self-censoring as threatening phone calls and other pressures escalate, acutely aware of the country’s history of unsolved murders and abductions. At least two reporters have already fled the country, according to the Committee to Protect Journalists. 

In February, Sri Lanka announced it was backing out of commitments made to the UN Human Rights Council in 2015 by a previous administration. These promised a range of measures to investigate abuses during the civil war. ..

[see also: from my blog post https://humanrightsdefenders.blog/2020/02/24/human-rights-defenders-issues-on-the-agenda-of-43rd-human-rights-council/ Sri Lanka: Civil society groups are concerned over the backsliding on the commitments made by Sri Lanka in Human Rights Council Resolution 30/1. The recently elected president, Gotabaya Rajapaksa, along with his brother Mahinda Rajapaksa, who has been appointed prime minister, have been implicated in war crimes and numerous human rights violations when they were defence secretary and president respectively from 2005 to 2015. The new Government has made clear its intention to walk away from the Council process on Sri Lanka, a process that is currently the only hope for victims of human rights violations that truth, justice, reparations, and guarantees of non-recurrence are possible. [see https://www.nwaonline.com/news/2020/feb/23/sri-lanka-details-un-case-pullout/] Meanwhile, the relatively open climate for human rights defenders and journalists of the past few years seems to be rapidly closing. More than a dozen human rights and media organisations have received intimidating visits by members of law enforcement and intelligence agencies, while death threats against journalists have resumed. ISHR calls on States to urge for continued cooperation of the Government of Sri Lanka with OHCHR and the Special Procedures. The Council should reiterate the reference in Resolution 40/1 to “the adoption of a time-bound implementation strategy” for implementation of all elements of Resolution 30/1. [see also: https://humanrightsdefenders.blog/2020/01/22/sri-lankan-government-accused-of-embarking-on-process-to-silence-critics/]

And, this month, Rajapaksa created two “task forces” with vague mandates, which rights groups fear could operate parallel to existing institutions. One, a body created to combat “anti-social activities”, is led by security and intelligence officials. Another task force mandated to protect cultural heritage appears to exclude non-Buddhists and non-Sinhalese. Rajapaksa’s first six months in office, the International Crisis Group said in a May report, have been “aggressively Sinhala nationalist, family-centred, and authoritarian”.

….“All these years of looking for justice would be then wasted,” said Yogeshwari, 45, whose husband disappeared 15 years ago.Families hold photographs of missing loved ones during a protest in Sri LankaTNH Families of Sri Lanka’s missing thousands fear the government is aiming to curb investigations into unsolved civil war disappearances.

In announcing his country’s withdrawal from its UN Human Rights Council commitments in February, Sri Lanka’s foreign minister, Dinesh Gunawardena, said the previous pledges would infringe on “the sovereignty of [the] people of Sri Lanka”…

A government body tasked with investigating disappearances, the Office on Missing Persons (OMP), didn’t begin its work until 2018. It’s effectively the only government body actively working on reconciliation issues. Ruki Fernando, an advisor with Inform, a Colombo-based human rights documentation centre, expects the Rajapaksa government to take a similar line domestically by clipping the OMP’s powers.  “It is not about shutting them down,” Fernando said. “It is more about making them administratively limp.”…

Saroor believes the Rajapaksa government will likely ramp up its stance against investigations and reconciliation efforts. “Sri Lanka transitional justice and truth-seeking will come to a standstill,” she said.

This piece was reported by a freelance journalist whose name is being withheld over concerns for their safety. 

https://www.arabnews.com/node/1687911/world

https://www.thenewhumanitarian.org/news/2020/06/10/Sri-Lanka-activists-state-of-fear?utm_source=The+New+Humanitarian&utm_campaign=412d1dac95-EMAIL_CAMPAIGN_2020_06_12_Weekly&utm_medium=email&utm_term=0_d842d98289-412d1dac95-75444053

https://www.tamilguardian.com/content/un-chief-expresses-alarm-clampdown-freedom-expression-sri-lanka

ICJ says human rights defenders alarmed over election results in Sri Lanka

November 19, 2019

Sri Lanka’s newly elected president, Gotabaya Rajapaksa and his Government must demonstrate that they will uphold human rights and rule of law, and ensure that Sri Lanka sustains its international obligations and commitments to justice and accountability, said the International Commission of Jurists (ICJ) on 19 November 2019. “The election of Gotabaya Rajapaksa, after a highly polarizing campaign, has alarmed human rights defenders in Sri Lanka and abroad, who have little reason to believe that someone facing such serious allegations of perpetrating human rights violations can be relied upon to meet the country’s obligations under international law,” said Frederick Rawski, ICJ Asia Pacific Director.

Gotabaya Rajapaksa, who won the presidency with 52.25% of votes, served as Sri Lanka’s Secretary of the Ministry of Defence from 2005 to 2015 during the tenure of his brother Mahinda Rajapaksa, at the height of the armed conflict against the Liberation Tigers of Tamil Eelam (LTTE). Gotabaya Rajapaksa faces credible allegations of involvement in war crimes and crimes against humanity that took place during the country’s armed conflict.

International condemnation of atrocities committed during the conflict led to the UN Human Rights Council demanding that the Sri Lankan government commit to a process of transitional justice, in view of the systematic failures of accountability mechanisms in Sri Lanka in the past, as documented by the ICJ in its submission to the Human Rights Council, and others. Despite commitments from the Sri Lankan government, the transitional justice process has effectively stalled and impunity has prevailed.

The ICJ is deeply concerned that even the limited strides made over the past five years in Sri Lanka on transitional justice, positive constitutional amendments and institutional reform will be reversed,” said Rawski. The ICJ urged the Government to deliver on its commitment to the transitional justice process, including by holding those responsible for human rights violations and abuses accountable, and complying with the obligations set out in United Nations Human Rights Council Resolutions 30/1, 34/1 and 40/1.

In memoriam Louis Joinet: a great human rights defender who deserves more recognition outside France

September 25, 2019

Louis Joinet (born in Nevers on He was a French magistrate, independent expert to the United Nations Human Rights Committee and very active in the NGO human rights world in particular with regard to the dictatorships in Latin America (he was named illustrious citizen of Montevideo).

He co-founded the Union of the Judiciary (Syndicat de la magistrature) in 1968.  At the beginning of his career, he was interested in the early stages of computer sciences in order to evaluate the impact of these technologies on the law. He represented France in the Council of Europe. His report will gave birth to the Data Protection Act. He then participated actively in the drafting of the law relating to computers, files and freedoms of 6 January 1978. He was an adviser on human rights to the succesive Prime Ministers of François Mitterrand between 1981 and 1993.

In the UN context he was the author, in 1997, of the principles against impunity of the Office of the United Nations High Commissioner for Human Rights , also known as the “Joinet Principles” , which are part of the principles of transitional justice. .

He published his memoirs in 2013 (Mes raisons d’État : mémoires d’un épris de justice, Éditions La Découverte). One of the characters of the French television series Sanctuaire , broadcast in 2015, which addresses in particular the role of France in the attempt to negotiate, in the mid-1980s between ETA and Spain, is inspired by Louis Joinet  (“Avec “Sanctuaire” j’ai voulu faire un film sur une gauche qui se perd” [archive], teleobs.nouvelobs.com, 2 mars 2015).

His wife Germaine Joinet, doctor and activist in various associations, died in 2008.

 

Ciné-ONU and the Goethe Institute screened  “Un certain monsieur Joinet” (52 mn) on 24 October 2012 at the Goethe Institute in Brussels. According to Amnesty International, “the documentary gives an insight into the fifty years of struggle by Louis Joinet for human rights, from the war in Algeria to Pinochet’s Chile, from enforced disappearances to the fight against impunity”.  Language: French with English subtitles. Directed by: Frantz Vaillant. Only the trailer is on the internet and information on how to get hold of the full film is missing.

There is also an interview with him from 2012:

https://www.lemonde.fr/disparitions/article/2019/09/23/la-mort-de-louis-joinet-cofondateur-du-syndicat-de-la-magistrature_6012734_3382.html

https://fr.wikipedia.org/wiki/Louis_Joinet

https://www.unbrussels.org/invitation-to-the-screening-of-un-certain-monsieur-joinet/

Ray of Hope (2): Guatemala and impunity

May 25, 2018

On 24 May 2018, the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, welcomed the ruling issued unanimously by the High Risk “C” Tribunal in Guatemala yesterday against four high-ranking former military officials for crimes against humanity, aggravated sexual violence and enforced disappearance. “This is a milestone judgement for Guatemala and beyond with regards to the investigation, prosecution and punishment of serious human rights violations committed by senior military officers during an internal armed conflict,” High Commissioner Zeid said. The judgment, citing international human rights standards, found that the practice of sexual violence, torture and enforced disappearance formed part of the military strategy during the internal armed conflict in Guatemala. It also held that past crimes involving serious human rights violations are not subject to time limits for prosecution and cannot be subject to amnesty.

The High Commissioner said that this ruling, together with the jurisprudential precedents established in other transitional justice cases, such as Sepur Zarco, Dos Erres, Plan de Sánchez and Myrna Mack, sends a clear message that it is possible for Guatemala to advance in the fight against impunity of the past, which in turn, strengthens the fight against the impunity of the present and the consolidation of the rule of law. On 4 May 2004, the Inter-American Court of Human Rights had already held the State of Guatemala responsible for the enforced disappearance of Marco Antonio.“

I pay tribute to the Molina Theissen family for their courage and perseverance to fight for over three decades for their right to justice and the truth,” Zeid said. Emma Guadalupe Molina Theissen was detained at a military checkpoint on 27 September 1981 and transferred to the “Manuel Lisandro Barillas” Military Brigade in Quetzaltenango, where she was held captive, interrogated, subjected to torture and other cruel, inhuman or degrading treatment, as well as sexual violence. She escaped on 5 October 1981. The following day, her 14-year-old brother Marco Antonio was taken by force from the family’s home in Guatemala City, put into a nylon sack and taken to an unknown destination in a vehicle with an official Government license plate. He has never been found.

See also: https://humanrightsdefenders.blog/2018/05/23/ray-of-hope-lesotho-court-takes-stand-against-defamation-of-hrds/

https://reliefweb.int/report/guatemala/milestone-judgement-guatemala-un-human-rights-chief

 

Role of Human Rights Defenders critical for post-accord justice in Colombia says Mary Lawlor

July 12, 2016

Mary Lawlor has only  just announced her departure (see announcement published yesterday) and already an article on Colombia of 11 July 2016 shows what insights we may miss in the future. The link between the peace process and the role of human rights defenders in Colombia was referred to in earlier posts [e.g. https://thoolen.wordpress.com/2015/09/11/human-rights-defenders-squeezed-by-geo-politics-the-cases-of-colombia-iran-and-cuba/]  Mary Lawlor here welcomes the agreement as historic, offering the Colombian people an opportunity to make a break with the endemic violence of the past. The direct reference to the protection of human rights defenders in the peace agreement is one more reason to celebrate. Here the piece in full:

Human Rights Defenders Critical for Post-Accord Justice in Colombia

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Antonio Cassese Summer School on Transitional Justice and Human Rights in July

April 3, 2014

The Antonio Cassese Initiative for Justice, Peace and Humanity and the Geneva Academy of International Humanitarian Law and Human Rights open their application process for the Summer School 2014, which will take place from 7 – 11 July 2014 in Geneva.  The 2014 Antonio Cassese Summer School offers an intensive course on transitional justice principles and processes, with a special focus on post-conflict situations. Based on both scholarly and practitioner expertise across a range of areas (including human rights, international criminal law, security reform, legal philosophy, gender politics) and country situations, the programme combines a general course on transitional justice with complementary topic-specific lectures. The general course will be delivered by leading transitional justice scholar Naomi Roht-Arriaza, Professor of law at the University of California.

To know more about the programme and prices, download the flyer: http://www.geneva-academy.ch/docs/events/Summer%20school%20Flyer%20FINAL.pdf