Posts Tagged ‘travel ban’

The case for ‘smart sanctions’ against individual perpetrators

May 8, 2015

On 5 May Daniel Calingaert, Executive vice president of Freedom House, contributed an interesting piece to The Hill, in which he argues in favor of ‘targeted sanctions’ against leading individuals who have committed serious human rights violations or engaged in corruption. “Holding torturers and kleptocrats to account” certainly makes some excellent points including the realistic one that countries should be “strong and confident enough both to cooperate with authoritarian governments where prudent and to still hold their human rights abusers and corrupt officials to account“.

 Here the piece in full:

“On May 5, the European Union’s Court of Justice will hear a complaint by the head of Iran’s state broadcaster, Mohammad Sarafraz, and the news director of its English-language channel, Hamid Reza Emadi. The EU imposed a travel ban and asset freeze on them because they broadcast forced confessions by tortured or mistreated political prisoners. Sarafraz and Emadi want the restrictions lifted. But even if they lose their case, they can park their money in the United States, because they aren’t on a U.S. sanctions list.

Their case shows that sanctions hurt human rights abusers and corrupt officials, as intended. And that’s a key selling point for the bipartisan Global Magnitsky Human Rights Accountability Act (S. 284/H.R. 624) being debated on Capitol Hill. The bill, based on Russia-specific sanctions legislation adopted in 2012, would begin to hold human rights abusers and corrupt officials to account around the world by denying them U.S. visas and access to our financial system.

Aside from the Russia-specific sanctions, executive orders have imposed sanctions on human rights abusers in Iran (though the U.S. sanctions list for Iran is significantly shorter than the EU’s) and on seven Venezuelan officials. Targeted sanctions on human rights abusers should be expanded worldwide, because authoritarian rulers and their lieutenants are driving a global decline in respect for human rights. According to Freedom House’s ratings, media freedom has fallen to its lowest point in 10 years, and political and civil rights overall have deteriorated for nine consecutive years.

Targeted sanctions as envisioned by the Global Magnitsky Act could start to turn this trend around. It would build on current policy of condemning human rights abuses and supporting human rights defenders by actually going after the perpetrators of abuses. Perpetrators are usually shielded by their government and expect to evade justice. If a penalty loomed over their head, they may think twice about committing their crimes.

By imposing consequences on individual abusers, the Global Magnitsky Act would force authoritarian rulers into a difficult choice: either to protect the most repugnant officials and thereby expose the cruelty of their regimes or to cut loose the officials who do their dirty work and keep them in power.

A Global Magnitsky Act also targets high-level corruption — the Achilles heel of authoritarian regimes. While human rights might seem a bit abstract to ordinary citizens, corruption is all too real. Citizens understand what’s wrong with corrupt officials getting rich at the public’s expense while everyone else struggles to make ends meet.

Corruption often fuels human rights abuses. Because corrupt officials stand to lose their ill-gotten gains if they leave office, they will go to ever-greater lengths to hold onto power. Former Ukrainian President Viktor Yanukovych was a prime example. As he and his family amassed enormous wealth, he tightened media restrictions, selectively prosecuted opposition figures and increasingly manipulated elections.

Under the Global Magnitsky Act’s targeted sanctions, no country would be singled out. And it would apply to countries like China and Saudi Arabia that tend to escape criticism for their human rights abuses because of U.S. economic or security interests.

The executive branch would decide whom to sanction. But it would have to listen to Congress’s input and explain its decisions. And chances are that governments with an extensive apparatus of repression would end up with more than seven officials on the sanctions list.

If passed, a Global Magnitsky Act probably will elicit some angry responses, like Venezuela’s cryabout “a new escalation of aggression” and “extraordinary threat” from the United States. But authoritarian governments can’t give an honest response, because they can’t admit that they harbor officials responsible for human rights abuses and large-scale corruption. If China’s leadership were sincere, it ought to welcome a Global Magnitsky Act for reinforcing President Xi Jinping’s policy of cracking down on corrupt officials and stemming their flow of assets abroad.

The prospect of angry reactions shouldn’t discourage the introduction of the Global Magnitsky Act. The United States always meets resistance when it champions human rights, because authoritarian governments prefer to avoid responsibility for their violations. We shouldn’t let their officials abuse their power and then benefit from our legal protections.

And we shouldn’t accept their insistence that we look away from human rights abuses as the price for economic or security cooperation. The Global Magnitsky Act would focus pressure on the perpetrators, not commercial relations. We should use our influence and engage authoritarian governments on our terms. We can be strong and confident enough both to cooperate with authoritarian governments where prudent and to still hold their human rights abusers and corrupt officials to account.”

Holding torturers and kleptocrats to account | TheHill.

see also: https://thoolen.wordpress.com/2015/01/29/human-rights-defenders-and-anti-corruption-campaigners-should-join-hands/

 

Israel refuses to let HRD Shawan Jabarin travel to receive award in Denmark

November 30, 2011
Map showing the West Bank and Gaza Strip in re...

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On 29 November 29, 2011 Israeli authorities turned West Bank resident Shawan Jabarin, the director of the Palestinian human rights group Al-Haq, back at the Allenby Bridge crossing with Jordan, citing a travel ban. Several NGOs, such as Amnesty International, Human Rights Watch, and B’Tselem, said that the Israeli authorities violated Jabarin’s rights in imposing the ban and have not produced any evidence that would justify continuing to restrict him from travel.

The travel ban would seem to be clearly linked to his human rights work as Jabarin was stopped since 2006, when he became director of Al-Haq, a leading human rights organization in the West Bank, while Israel had allowed him to travel abroad eight times in the previous seven years. The Israeli military previously claimed in court that Jabarin was an activist in the Popular Front for the Liberation of Palestine, which Israel considers a terrorist organization, and that his travel abroad for even a limited period would endanger Israel’s security. However, Israeli authorities have not charged Jabarin with any crime or given him an opportunity to confront the allegations against him. The Israeli High Court of Justice has upheld Jabarin’s travel ban on security grounds, but did so based on secret information that Jabarin and his lawyer were not allowed to see or challenge. “It is hard to believe any claim that Jabarin’s travel to Denmark to receive a human rights award would harm Israeli security, the more so when any evidence is kept secret,” said Sarah Leah Whitson, Middle East director at Human Rights Watch. “While civil society groups recognize Jabarin’s courageous work, Israel is punishing him with a travel ban.”

The ban has prevented Jabarin from leaving the West Bank to receive a human rights prize from the Danish PL Foundation (Poul Lauritzen), participate in a European Union forum on human rights, and attend a Human Rights Watch meeting in New York City.  “The ban preventing Shawan Jabarin from traveling abroad to receive an award is emblematic of the arbitrary restrictions placed on Palestinian human rights defenders and civil society activists,” said Philip Luther, Amnesty International’s MENA Programme Director. “It must be lifted, and the Israeli authorities must stop using unspecified security concerns to obstruct the work of Palestinian human rights activists.”  Nina Atallah, the head of Al-Haq’s monitoring and documentation department, will try to travel to the prize ceremony.

It is a pity that Israel,in this respect, is emulating Iran, which is the only country until now to prevent the MEA Laureate Emad Baghi to travel to his ceremony in 2009.
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