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HUMAN RIGHTS WATCH -----
----- On 7 November, the third committee of the UN General Assembly (which deals with human rights) adopted a new Optional Protocol to the Convention against Torture, establishing a system of inspection visits to prisons and places of detention worldwide. Human Rights Watch had campaigned tirelessly for the protocol with a coalition of NGOs during long years of difficult negotiations. A breakthrough was achieved at the 2002 session of the Commission when Costa Rica presented a composite text that received broad cross-regional support. The text was actively opposed, however, by the United States, Australia and Japan - along with more traditionally hostile governments such as Cuba, Iran and China. The United States complained about the system's potential cost and compatibility with its own constitutional requirements, but Washington's opposition appeared to reflect a deeper aversion to developing efforts to enforce international human rights law, as seen in its campaign against the International Criminal Court. Fortunately, the momentum behind this important initiative for the prevention of torture proved unstoppable, and the protocol was adopted by 104 votes, with only 8 votes against and 37 abstentions. WHAT YOU CAN DO Write to your government welcoming the adoption of the Optional Protocol and urging its early ratification so that the inspection system can come into effect. Letters should also be sent to the US Government urging it to reconsider this misguided rejection of an important new tool to combat torture. For sample letters visit http://www.hrw.org/un/cat1102.htm ----- On November 21, the UN General Assembly adopted an important new resolution on the protection of human rights in the fight against terrorism. Human Rights Watch has been concerned that a number of governments have used the fight against terrorism as a pretext for committing abuses against their opponents or imposing arbitrary and punitive measures on asylum seekers and other foreigners. The resolution, initiated by Mexico, underscored the need for states to comply with their legal obligations under international human rights, refugee and humanitarian law. It stressed that certain non-derogable rights must be fully observed at all times, and that where states derogated from their other obligations, they must meet the strict requirements of international law. The resolution asked the UN High Commissioner for Human Rights to monitor the protection of human rights in the fight against terrorism and to make recommendations to governments and UN bodies. It also requested the UN Secretary-General to submit reports to both the UN Commission on Human Rights and the General Assembly on the implementation of the resolution, promising future attention this important issue. Read more about repression in the name of anti-terrorism at ----- In 1991, President Daniel arap Moi of Kenya confidently predicted that the return of his country to a multiparty system would result in an outbreak of tribal violence that would destroy the nation. His prediction was alarmingly fulfilled as violent clashes between different ethnic groups erupted across the country from 1991 to 1998. However, far from being the spontaneous result of a return to political pluralism, there is clear evidence that the government helped to provoke this ethnic violence for political purposes and did not take adequate steps to prevent it from spiraling out of control. A presidential commission of inquiry was established in 1998 to investigate the so-called "tribal clashes" (inter-ethnic violence), the causes of the violence, the actions of police and other law enforcement agencies in addressing these incidents, and the preparedness and efficacy of law enforcement agencies in preventing and controlling such violence. The commission was to recommend further investigation or prosecution of perpetrators as well as ways to better prevent and control future inter-ethnic attacks. The 1999 report of the commission was finally made public in October 2002. It confirmed that prominent ruling party politicians have fueled multiple incidents of so-called ethnic clashes in Kenya since 1991. The "Akiwumi report" (named after the commission's chair, Justice Akiwumi) was ordered released by a Kenyan court over the objections of the government. The attorney general sought to undercut the report by calling it "biased" and insisting that it be released together with government commentary disputing its findings. The Akiwumi report's release had been long sought by human rights groups in Kenya and victims of the violence. There was a resurgence of interest in the report this year, which HRW helped spark with the publication in may of "Playing with Fire," a report on weapons proliferation and political violence in Kenya (see June monthly update). At a Nairobi press conference issuing the HRW report, and in numerous interviews in the Kenyan and international media, HRW made a strong call for the Akiwumi report to be released. Renewed attention to the report from the Kenyan media, parliamentarians, and civil society groups followed, helping build pressure for its eventual release. The HRW report, which was mentioned in a recent New York Times article on the forthcoming elections, documented the role of ruling party politicians in armed ethnic violence on Kenya's coast prior to the last general elections, in 1997. Previous Human Rights Watch research, including a 1993 report titled "Divide and Rule," described the role of the ruling party politicians in fomenting earlier incidents of politically motivated ethnic violence. See Human Rights Watch's research on Kenya at http://www.hrw.org/africa/kenya.php ----- Congress passed the homeland security bill on November 19. The Department of Homeland Security that the legislation creates lacks the internal oversight necessary to protect civil rights, and also fails to provide adequate protection for unaccompanied immigrant children. The legislation does not contain effective internal oversight and accountability mechanisms for abuses by officers of the new and powerful agency. Although the bill establishes an officer for civil rights and civil liberties in the new department, the officer is not empowered to conduct investigations of rights violations by agency officials. Several previously separate agencies have been transferred to the new department, including all functions of the INS and the border patrol. To ensure that civil rights investigations would be handled effectively, Human Rights Watch had called for the establishment of a Deputy Inspector General for Civil Rights, but such a provision was not included in the legislation. The bill does move the care and placement of unaccompanied immigrant children to the Department of Health and Human Services, but it did not include provisions mandating access to counsel and standards of detention for them. For more information on the treatment of unaccompanied minors, see Human Rights Watch's report, "Detained and Deprived of Rights: Children in the Custody of the Immigration and Naturalization Service" at http://www.hrw.org/reports98/ins2/ ----- Human Rights Watch has played a critical role in persuading the Chilean government to move forward with legal reforms aimed at scrapping the country's repressive laws on "insult to authority" (known as desacato). Such laws, which criminalize strongly worded criticism of government authorities -- including the president, members of Congress, senior judges, and members of the armed forces -- place journalists and others at risk of incarceration and other criminal penalties when commenting on governmental policies. On October 8, Human Rights Watch's Americas Director Jose Miguel Vivanco wrote to Chilean President Ricardo Lagos urging the Chilean government to fast-track draft legislation aimed at repealing the Chilean law. On November 8, a government minister confirmed to us that President Lagos has now accorded legislative "urgency" to the bill's passage through Congress. By doing so, he has ensured that the bill will be debated during this year's final congressional sessions, and it may even clear Congress before the end of the year. On October 22, Sebastian Brett, HRW's Chile-based researcher, met with the chair of the congressional committee due to debate on the bill. The chair promised to ensure that the bill had priority in the legislative agenda. If the bill is passed, Chile will join Argentina, Paraguay, and Costa Rica as the first countries in South America to have scrapped their insult laws. For more information on Chile's stringent restrictions on free expression, see http://www.hrw.org/reports/2001/chile/ ----- A Human Rights Watch press release expressing concern about an upsurge in harassment of media in Albania has triggered a lively debate on press freedom in the country. Major TV stations and dailies all covered our calls for an end to improper government interference with media freedoms, while the Ministry of Finance issued a statement that it was determined to fight corrupt links between organized crime, the informal economy and media outlets, despite any "political or media immunities." See Human Rights Watch's research on Albania at http://www.hrw.org/europe/albania.php ----- HUMAN RIGHTS WATCH SCREEN SAVER Now you can show your support for Human Rights Watch and the work we do by installing the Human Rights Watch screen saver on your PC. This colorful screen saver works on Microsoft Windows 95, 98, 2000, NT, and XP. To see a preview or download the installer visit http://www.hrw.org/screensaver/ Human Rights Watch T-shirts are now available in our on-line store. "Human Rights Watch" is written on the front in bold typewriter text. The back reads "Making the World Unsafe for Dictators since 1978." The shirts are available in blue and black in the following sizes: Adult small, medium, large, extra large, and extra-extra large; and Youth small, medium, and large. The shirts cost US$20 plus shipping and handling. You can order the shirts at http://store.yahoo.com/hrwpubs/tshirt.html ----- Your contribution to Human Rights Watch will allow us to continue to investigate human rights conditions in more than 70 countries and to generate pressure to end abuses. HRW does not accept financial support from any government or government agency. Every investigation we undertake, every advocacy campaign we embark on, and every report we produce is funded solely by generous private contributions. To find out more about membership, or to make a donation online, by phone, or by postal mail, visit http://www.hrw.org/donations// |
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