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Preventing atrocities before they start
by Adama Dieng
IPS, UN Secretary-General’s Advisor for the Prevention of Genocide
 
After the Rwandan genocide, the United Nations promised ‘never again.’ But has the international community kept their word? From Mexico to Myanmar, conflicts and humanitarian crises have multiplied.
 
Millions continue to be targeted for their religious, national, racial or ethnic backgrounds, and some are even forced to cross borders to escape violence committed simply because of their identity.
 
IPS reporter Tharanga Yakupitiyage spoke to the UN Secretary-General’s Advisor for the Prevention of Genocide Adama Dieng about these complex crises and efforts needed to avoid another Rwandan genocide.
 
Q: As Special Advisor, what crises today are most concerning and should be paid attention to or acted on?
 
A. The situations in the Central African Republic, Democratic Republic of the Congo, Myanmar, South Sudan and Syria are some of the places that I have raised concern about recently, although there are many other countries that require attention, including Iraq.
 
In Syria, the atrocities that have been reported by the Commission of Inquiry have truly shocked the conscience of humanity, from the intensive bombardment of Aleppo last year to the alleged use of chemical weapons, as well as the continued besieging of thousands of civilians in flagrant violation of international law. Despite this, the Security Council has largely failed to take action to protect civilians and provide accountability for victims.
 
When I visited the Central African Republic earlier this month I was told of serious violations against the civilian population, particularly women and children, for allegedly belonging to certain ethnic or religious groups. Despite progress made towards peace, there are still worrying occurrences of manipulation and incitement to ethnic and religious hatred that needs to be addressed by the government, with the support of the international community, in order to sustain the country’s fragile peace.
 
Q: What steps can and must be taken in order to prevent genocide?
 
A. History has shown that genocide and other atrocity crimes take place on a large scale, and are not spontaneous or isolated events; they are processes, with histories, precursors and triggering factors which combined, enable their commission.
 
If you look at all of these conflicts, whether it is the Central African Republic or Myanmar or Iraq, there is one common denominator: exclusion. People feel that they are not included, so they resort to some form of violence for their rights to be recognized.
 
So we can link these crises to the lack of respect for human rights, of observance of the rule of law, and also a problem of governance. All of these elements therefore confirm the close link between development, peace, security, and human rights.
 
This is also one of the reasons why the Secretary-General made prevention a key aspect of his mandate. Unless you invest in prevention, you may not be able to achieve the Sustainable Development Goals (SDGs) or achieve the aspiration of sustaining peace.
 
There will be no development without peace, and no peace without development.
 
Unless we manage to make everybody included in whatever we are doing, we are set to fail at the national, local, and international levels.
 
Unless the member state invests in having strong judiciaries, a strong and courageous parliament, strong and outspoken civil society, it will be hard for those governments to achieve something that is really durable.
 
And it has to start of course at the local and national levels. If you make sure young people, including women, are included in all of these projects, you have a better chance to win your aspiration for development and peace.
 
Q: The motto “never again” continues to be used in reference to the Rwandan genocide. Has the international community become better at responding to or acting on atrocities around the world?
 
A. One of the principal roles of my mandate is to act as an early warning mechanism and a catalyst to mobilize action for the prevention of genocide and other atrocity crimes at the national and international level.
 
In line with these efforts my office has also developed a Framework of Analysis for Atrocity Crimes that is used by the UN, member states and civil society alike to assess the risk of atrocity crimes and develop strategies to prevent these crimes.
 
We are today able to identify the risk factors which lead to the commission of these atrocity crimes. We are able to identify those early signs, which is much easier today than it was in the past with new technology spreads information faster.
 
What is required today more than ever is early action.
 
For example, I have been calling for the last three years or more the attention of the international community on the situation of the Rohingya Muslim population in Myanmar but without much success.
 
I identified the risk factors which were there, and I even went to the extent of writing an op-ed to draw the attention of the public at large.
 
The main problem is the political will to act at the earliest stage. I think the Secretary General’s prioritization of prevention will hopefully play a key role in further enhancing the ability of the UN as well as the willingness of member states to act early to prevent situations from escalating to the point where there is a risk of atrocity crimes.
 
My wish is from now onward is for the international community through the Security Council which has the primary responsibility for the maintenance of peace and security to be more determined to address situations before they escalate further.
 
Preventing atrocities before they start continues to be the best way of ensuring that we live up to our commitment of “never again”.
 
Q: Is what’s happening in Myanmar a genocide, or could it become a genocide?
 
A. I think in Myanmar there were several warning signs of the violence we are now witnessing. I have repeatedly raised alarm of the risk of atrocities being committed against the Rohingya, and that is why I welcome readily the position of the Security Council to condemn the violence.
 
But more needs to be done to act on this condemnation.
 
What we are witnessing today needs to be thoroughly investigated. From the perspective of my mandate, there is no doubt that we are seeing elements which are very worrying; when you see a population being forcibly moved out of their location, their houses being burned, women being raped, people being murdered, and people having no choice than to cross the borders and when you see this was happening without condemnation from the Myanmar authorities.
 
When Aung San Suu Kyi took to the floor for the first time, her speech raised more questions than answers.
 
And that is why I do believe that if this situation is not addressed right now in a very energetic manner, the allegations being made that we are witnessing an ethnic cleansing will be confirmed.
 
It is time for the Myanmar authorities to first and foremost stop the violence and to allow thorough investigation of the alleged atrocities being committed right now.
 
Q: In Kenya, some have raised concerns that the persisting ethnic divisions in the country are reminiscent of what happened in Rwanda. What are your thoughts on the situation there, and should it be higher on the radar?
 
A. What is happening in Kenya is a situation of concern. Ahead of the elections, my office had been monitoring the situation. We identified areas where we see a potential of violence and we invested and gave support to the Kenyan National Committee for the Prevention and Punishment of the Crime of Genocide, War Crimes, Crimes Against Humanity and All Forms of Discrimination. We supported their activities aimed to prevent the commission of atrocity crimes.
 
Because we all remember that in December 2007 and early 2008, there was a spread of violence following the elections and nearly 1300 people were killed. There was definitely at that time ethnicity at play, and this was even the case that was brought to the ICC.
 
If you take the 2013 elections, they went almost peacefully and my office as well as other international offices invested a lot in it. But I think we should give credit first and foremost to the people of Kenya who mobilized for peaceful elections in 2013.
 
Now for the 2017 elections, it is remarkable to see for the first time in history, one may agree or disagree, that the Supreme Court really took a decision and I am glad the decision has been respected by the candidates.
 
I wish that all actors were in this process and now we also have to make every effort to prevent further escalation of violence, to make sure that there is no hatred or hate speech particularly directed against one or another ethnic group.
 
During the 2013 election, I made a very strong call to all candidates that whoever will be elected should commit that he or she will fight against tribalism. For the current situation, I now call on all the Kenyan leaders to make every effort to send clear messages to their followers to not go into any form of violence, and particularly using ethnic violence should not be tolerated. The law should prevail.
 
This is the responsibility first and foremost of the Kenyan government but the entire world has an entire responsibility to contribute to preventing atrocity crimes.
 
Q: Should the International Criminal Court play a greater role or be given more authority to prosecute those involved such atrocities?
 
A. Without a doubt. Where you have a weak judiciary and where you have lack of political will from the government to hold perpetrators of atrocity crimes accountable, then efforts have to be made to refer those cases to the ICC if that state concerned is not a state party to the ICC.
 
Now we have countries which are state parties like Kenya who took the case of the 2007 election violence themselves before The Hague. The case at the end was closed because of lack of evidence but you have to remember, these are very complex crimes.
 
And today in my view, we need definitely to use the ICC when states are failing to bring criminals before the courts. Impunity is not an option, we have to end impunity everywhere.
 
http://www.un.org/en/genocideprevention/public-statements.html http://www.globalr2p.org/regions/ http://bit.ly/2AetC3l


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UN report details human rights violations during protracted state of emergency in Turkey
by UN Office for Human Rights (OHCHR)
Turkey
 
Mar. 2018 (OHCHR)
 
Routine extensions of the state of emergency in Turkey have led to profound human rights violations against hundreds of thousands of people – from arbitrary deprivation of the right to work and to freedom of movement, to torture and other ill-treatment, arbitrary detentions and infringements of the rights to freedom of association and expression, according to a report issued by the UN Human Rights Office this week.
 
The report, which covers the period between 1 January and 31 December 2017, warns that the state of emergency has facilitated the deterioration of the human rights situation and the erosion of the rule of law in Turkey, and may “have long-lasting implications on the institutional and socio-economic fabric of Turkey.”
 
While the UN Human Rights Office recognizes the complex challenges Turkey has faced in addressing the 15 July 2016 attempted coup and a number of terrorist attacks, the report says, “the sheer number, frequency and lack of connection of several [emergency] decrees to any national threat seem to…point to the use of emergency powers to stifle any form of criticism or dissent vis-à-vis the Government.”
 
“The numbers are just staggering: nearly 160,000 people arrested during an 18-month state of emergency; 152,000 civil servants dismissed, many totally arbitrarily; teachers, judges and lawyers dismissed or prosecuted; journalists arrested, media outlets shut down and websites blocked – clearly the successive states of emergency declared in Turkey have been used to severely and arbitrarily curtail the human rights of a very large number of people,” UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein said.
 
“One of the most alarming findings of the report,” he added, “is how Turkish authorities reportedly detained some 100 women who were pregnant or had just given birth, mostly on the grounds that they were ‘associates’ of their husbands, who are suspected of being connected to terrorist organizations. Some were detained with their children and others violently separated from them. This is simply outrageous, utterly cruel, and surely cannot have anything whatsoever to do with making the country safer.”
 
The report cites the April 2017 referendum that extended the President’s executive powers into both the legislature and the judiciary as seriously problematic, resulting in interference with the work of the judiciary and curtailment of parliamentary oversight over the executive branch. Twenty-two emergency decrees were promulgated by the end of 2017 (and two more since the cut-off date of the report), with many regulating matters unrelated to the state of emergency and used to limit various legitimate activities by civil society actors.
 
The decrees also foster impunity, affording immunity to administrative authorities acting within the framework of the decrees, the report notes.
 
The report contains accounts from several individuals who were dismissed from their jobs for perceived links with Gulenist networks, for using specific messaging applications or through analysis of their social media contacts.
 
“The decrees broadly refer to ‘link or connection’ with ‘terrorist organisations’ without describing the nature of such links, giving large discretion of interpretation to the authorities,” the report states, adding there were serious due process violations. “Many individuals arrested…were not provided with specific evidence against them and were unaware of investigations against them.”
 
The report also documents the use of torture and ill-treatment in custody, including severe beatings, threats of sexual assault and actual sexual assault, electric shocks and waterboarding by police, gendarmerie, military police and security forces.
 
Those dismissed from their jobs lost their income, social benefits, medical insurance and even their homes, as various decrees stipulate that public servants “shall be evicted from publicly-owned houses or houses owned by a foundation in which they live within 15 days.”
 
“Since the stated purpose of the emergency regime was to restore the normal functioning of the democratic institutions, it is unclear how measures such as the eviction of families of civil servants from publicly-owned housing may contribute to this goal,” the report states.
 
The report also states that about 300 journalists have been arrested on the grounds that their publications contained “apologist sentiments regarding terrorism” or other “verbal act offences” or for “membership” in terrorist organisations.
 
Over 100,000 websites were reportedly blocked in 2017, including a high number of pro-Kurdish websites and satellite TV channels.
 
The report stresses that measures restricting rights during a state of emergency must be “limited to the extent strictly required by the exigencies of the situation, meaning they must be proportional and limited to what is necessary, in terms of duration, geographic coverage and material scope.”
 
The report recommends that Turkey promptly end the state of emergency, restore the normal functioning of its institutions, revise and repeal all legislation that is not compliant with Turkey’s international human rights obligations, including the emergency decrees. It also stresses the need to ensure independent, individualized reviews and compensation for victims of arbitrary detentions and dismissals. http://bit.ly/2HRP3ed


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