Human Rights

Subterms

    More stories

    • 113 Shares99 Views

      in US Politics

      Trump's Blackwater pardons an affront to justice, say UN experts

      by

      Donald Trump’s pardon of four American men convicted of killing Iraqi civilians while working as contractors in 2007 violated US obligations under international law, United Nations human rights experts have said.Nicholas Slatten was convicted of first-degree murder and Paul Slough, Evan Liberty and Dustin Heard were convicted of voluntary and attempted manslaughter over an incident in which US contractors opened fire in busy traffic in a Baghdad square and killed 14 unarmed Iraqi civilians.The four contractors, who worked for the private security firm Blackwater, owned by the brother of Trump’s education secretary, were included in a wave of pre-Christmas pardons announced by the White House.“Pardoning the Blackwater contractors is an affront to justice and to the victims of the Nisour Square massacre and their families,” said Jelena Aparac, the chair of the UN working group on the use of mercenaries.The group said the Geneva conventions obliged states to hold war criminals accountable for their crimes, even when they are acting as private security contractors. “These pardons violate US obligations under international law and more broadly undermine humanitarian law and human rights at a global level,” it said.By allowing private security contractors to “operate with impunity in armed conflicts”, states would be emboldened to circumvent their obligations under humanitarian law, the group said.The pardons have been strongly criticised by many in the US. Gen David Petraeus and Ryan Crocker, respectively the commander of US forces and the US ambassador in Iraq at the time of the incident, called Trump’s pardons “hugely damaging, an action that tells the world that Americans abroad can commit the most heinous crimes with impunity”.In a statement announcing the pardons, the White House said the move was “broadly supported by the public” and backed by a number of Republican lawmakers. More

    • 138 Shares169 Views

      in World Politics

      It’s Time to Introduce a Universal Basic Income for India’s Farmers

      by

      In September, India passed three bills that immediately led to protests by farmers demanding to repeal the legislation. The new laws seek to remove the government’s minimum support price for produce that shielded India’s farmers from free-market forces for decades. In allowing the farmers to set prices and sell directly to businesses, the reforms are …
      Continue Reading “It’s Time to Introduce a Universal Basic Income for India’s Farmers”
      The post It’s Time to Introduce a Universal Basic Income for India’s Farmers appeared first on Fair Observer. More

    • 50 Shares179 Views

      in World Politics

      Emmanuel Macron’s Dishonorable Legion

      by

      In recent years, France and Egypt have developed a close relationship based on common interests in the Middle East. Some might suggest that it harkens back to the tradition established with Napoleon Bonaparte’s campaign in Egypt at the end of the 18th century. It led to the future emperor’s sincere fascination with Egyptian history and …
      Continue Reading “Emmanuel Macron’s Dishonorable Legion”
      The post Emmanuel Macron’s Dishonorable Legion appeared first on Fair Observer. More

    • 125 Shares199 Views

      in Elections

      International observers say US elections 'tarnished' by Trump and uncertainty

      by

      An international observer mission has reported that the US elections have been “tarnished” by legal uncertainty and Donald Trump’s “unprecedented attempts to undermine public trust”.A preliminary report by the Organization for Security and Cooperation in Europe (OSCE) pointed to systemic weaknesses in US elections, as well as the stress imposed by the coronavirus pandemic and Trump’s calls for an end to vote counting in certain states based on false claims of fraud.“Baseless allegations of systematic deficiencies, notably by the incumbent president, including on election night, harm public trust in democratic institutions,” the report, by the OSCE’s Office of Democratic Institutions and Human Rights (ODIHR) and the organisation’s parliamentary assembly, said.“With Covid and so many things changing at the last minute practically for the voter and for the election administration, there was this feeling of unease or confusion,” the head of the ODIHR mission,the Polish diplomat Urszula Gacek, told the Guardian. “And then on top of that, you have an incumbent who is doing something we’ve never seen before, casting doubt on the actual process, and making the way you cast your ballot also a political statement.”The OSCE report pointed to efforts at the state level to adjust voting procedures in light of the pandemic, and then the raft of legal challenges to those adjustments (overwhelmingly from Republicans), as being a source of considerable confusion when it came time to vote.“There was an unprecedented volume of litigation over voting processes in the months before the elections, with over 400 lawsuits filed in 44 states, some still before the courts a few days before elections,” the report said. “The legal uncertainty caused by this ongoing litigation placed an undue burden on some voters wishing to cast their ballots and on election administration officials.”The issues caused by the pandemic and an erratic president compounded long term systemic problems, the OSCE found, many of which disadvantage the poor and ethnic minorities, such as the varying requirements for proof of identity at polling stations, which the report found to be “unduly restrictive” for some voters.“If the only thing you could possibly use would be a college student card and you’re not a student, or a driving license and you don’t drive, or a passport and you never travel anywhere, you can imagine that certain economically disadvantaged groups will be disproportionately affected, and certain ethnic minorities could be excluded,” Gacek said.The report also referred to the disenfranchisement of felons and former felons. It said: “An estimated 5.2 million citizens are disenfranchised due to a criminal conviction, although about half of them have already served their sentences.”“These voting restrictions contravene the principle of universal suffrage,” the report concluded.Gacek said that $400m federal emergency funding for states’ election administrations had not been sufficient and the shortfall had come from private sources. Facebook’s Mark Zuckerberg and his wife, Priscilla Chan, contributed $400m.“But when you look at the $14bn which has been spent on the campaign, and you juxtapose that against an administration which has been having to rely on philanthropists to help them actually run the election, I think it’s interesting,” Gacek said. More

    • 88 Shares149 Views

      in World Politics

      No Democratic Guarantee in Myanmar and US

      by

      The presidential elections in Myanmar have been set for November 8, just days after the US goes to the polls on November 3. Both countries have a history of keeping minorities in line by blocking their ability to vote and hold office. A brief comparison between the two is enough to illustrate three troubling points: that an established democratic tradition does not necessarily erode such barriers over time, that it most certainly does not guard against the creation of future barriers, and that older democracies may nevertheless use the same voter suppression tactics as younger ones.

      360˚ Context: The 2020 US Election Explained

      READ MORE

      In November, both US President Donald Trump and Burmese State Minister Aung San Suu Kyi will be seeking reelection for their respective roles. In addition to being heads of state, both are the de facto leaders of their respective parties, and each wields a unique brand of populism. They both have exhibited substantial failings when it on matters of race and ethnicity during their current terms: Trump in his response to the Black Livers Matter movement, and Suu Kyi in her defense of the Rohingya genocide.

      Voter Equality

      What is interesting to note is that the Black Livers Matter movement and the Rohingya genocide both share a dimension of demographic politics. African slaves were first imported to the British colony of Virginia in the 17th century, while the Rohingyas are believed to have arrived with British colonialists starting in the 19th century. Both groups have suffered systemic violence stemming from these histories, the former because of race and the latter because of both race and religion, with their right to vote consistently obstructed. While the Rohingya face outright exclusion, African Americans continue to face voter suppression tactics despite the many strides that have been made toward voter equality in the United States.

      The major difference between these two electoral processes is that November will mark the 59th US presidential election but only the second free vote Myanmar has had in 25 years. It is easy to assume that the US, being the modern world’s oldest democracy, would have a more inclusive voting process than Myanmar, whose shaky democratic transition was interrupted repeatedly by military coups. However, an argument can be made that voting regulations in both countries exclude the demographics judged to be undesirable by political elites, and these regulations evolve over time as a response to the excluded groups’ attempts to overcome them.

      Embed from Getty Images

      There are many ways to restrict voting by demographic. The most obvious would be to deny citizenship, since only citizens can cast their votes in national elections. Other options include making sure the targeted group cannot vote due to fear or inconvenience, that they have no desirable candidates to vote for, or that their votes count less than other votes.

      Both the US and Myanmar have a stratified citizenship system, and they share similarities in their history of denying citizenship as well. In the US, citizens enjoy the most privileges, while neither nationals nor permanent residents can vote or hold office. As an example, Americans born in American Samoa are to this day not considered US citizens, and US nationals like those born in Puerto Rico were not considered US citizens until the Jones-Shafroth Act in 1917. The act superseded the Naturalization Act of 1790 that limited naturalization to “free white persons,” effectively barring Native Americans, slaves and freedmen from obtaining citizenship and the ability to challenge other citizens in the court of law.

      In Myanmar, distinctions are made between full citizens, associate citizens and naturalized citizens depending on various factors. To be naturalized as a citizen, an applicant must also be able to speak one of the national languages well (of which the Rohingya language is not one), be “of good character” and “of sound mind.” The last few requirements are sufficiently vague to allow rejections without justification as well as made-up reasons that are difficult to challenge or overturn. No matter their rank, Burmese citizens are issued color-coded national registration cards, and their privileges are given in descending order.

      No registration cards were issued to the Rohingyas since the 1970s, and since every step in life, from school enrolment to job applications requires identification, it is no surprise that the Rohingya remain one of the most persecuted and most disenfranchised minorities not only in Myanmar, but globally.

      Fear and Bureaucracy

      Despite the protection of the Voting Rights Act of 1965 that outlawed disenfranchisement through the use of literacy tests and the requirement of “good moral character” among other criteria, African Americans in the United States still suffer barriers to voter registration and new intimidation tactics around polling stations. The act also does not cover the many ongoing efforts that currently limit voting participation, such as purging rolls, voter caging, gerrymandering and decreasing the number of polling stations. By associating certain party leanings to certain locations and moving patterns, these tactics allow users to exclude demographics deemed unfavorable to their position.

      In Myanmar, the Rohingya were issued specific white cards in 2010 that did not confer citizenship but allowed them to vote, suspected to be distributed by the then-ruling party as a vote-buying scheme. The cards were then revoked before the 2015 elections that led to Suu Kyi’s victory. While the Rohingya who do not hold a national registration card cannot vote altogether at the moment, the tactics used by the Myanmar government also rely on capricious bureaucracy to limit the vote.

      Since the Rohingya have no right to vote and their candidates are barred from standing for election, the comparisons cannot continue beyond the two categories listed above. But the overlap in voter suppression tactics goes to show that a lengthier democratic tradition is not an automatic guard against voter exclusion. Disenfranchisement takes many forms, and it occurs in democracies irrespective of their age. The consequences of voter suppression are no less dire even if they do not result in immediate life-and-death situations — because disenfranchisement is disempowerment. It is nothing less than the deliberate undercutting of a group’s ability to make itself respected and heard.

      *[Fair Observer is a media partner of Young Professionals in Foreign Policy.] More

    • 100 Shares149 Views

      in World Politics

      Britain’s Refugee Policy Is a Fantasy of Fear

      by

      In December 1938, French Foreign Minister Georges Bonnet told German Foreign Minister Joachim von Ribbentrop of a French plan to deport 10,000 Jews to Madagascar, a French colony. After the defeat of France in June 1940, the idea was taken up by the German Foreign Office. On July 3, 1940, Franz Rademacher, an official in the Foreign Ministry’s Department of Internal Affairs, produced a report entitled “The Jewish Question in the Peace Treaty,” in which he wrote: “The imminent victory gives Germany the possibility, and in my opinion also the duty, of solving the Jewish question in Europe. The desirable solution is: All Jews out of Europe.”

      His main suggestion was that France “must make the island Madagascar available for the solution of the Jewish question,” that the 25,000 French citizens living there already should be resettled and compensated, and that “all Jews deported to Madagascar will from the time of deportation be denied the citizenship of the various European countries by these countries.” The idea was received enthusiastically by Adolf Eichmann’s section of the Reich Main Security Office, the umbrella organization for the German police and security forces, including the SS and its intelligence agency, the SD. His office noted in a memorandum sent to Rademacher on August 15, 1940, that “To prevent lasting contact between the Jews and other nations a solution in terms of an overseas island is superior to all others.”

      Hosting Refugees and Migrants Is a Global Public Good

      READ MORE

      In preparation for deporting Jews to Madagascar, groups of Jews from Alsace-Lorraine and the areas of Baden and the Saarland (into which Alsace and Lorraine were incorporated following the defeat of France) were transported in sealed trains to the Gurs concentration camp in the south of France, to be held there in catastrophic conditions under which many, especially the elderly, died, prior to their journey overseas.

      Stages of Dehumanization

      The propaganda value of the Madagascar Plan was, from the Germans’ point of view, huge: They planned to trumpet their “humanity” in granting the Jews self-government — under German supervision, of course — on the island while preventing the creation of a Jewish “Vatican State of their own in Palestine,” as Rademacher put it. Furthermore, the Jews would “remain in German hands as a pledge for the future good conduct of the members of their race in America.”

      The Nazis never managed to deport French or German Jews to Madagascar, as their failure to defeat Britain meant that the British Navy retained control of the Indian Ocean. But the Madagascar Plan had its value: It was an important mental stage in the process by which the Nazis moved from schemes to remove Jews from Germany, then from Europe altogether and then, during the war, to murdering Jews in situ, where they lived, and finally creating specially-designed extermination camps to which Jews were sent from across Europe, beginning with the Jews of occupied Poland.

      Embed from Getty Images

      Notions that the Jews would be left to create their own self-governing society were pure eyewash. The scheme was inherently genocidal in that there were no plans to provide for the deportees on their arrival. As the Holocaust historian Christopher Browning writes, the Madagascar Plan, which, “like a spectacular meteor … blazed across the sky of Nazi Jewish policy, only to burn out abruptly,” was “an important psychological step toward the road to the Final Solution.”

      In the last few days, the UK press has reported that civil servants have been instructed to look at creating offshore centers for “processing” migrants and asylum seekers. The places mooted have been Moldova, Morocco, Papua New Guinea and the South Atlantic islands of Ascension and St. Helena, both British territories. None are straightforward options, for reasons of corruption and internal strife (Moldova, especially over Transnistria); lack of willingness on the part of the local authorities (Morocco), or sheer distance (PNG, to which there are no direct flights from the UK, is 8,500 miles away).

      But the island solutions are the most remarkable. So remote that it is used solely as a transit point for goods on their way to the Falkland Islands, Ascension, like St. Helena, has a minute population, lies 5,000 miles from the UK, and the cost of building and staffing such a center would be astronomical. One begins to wonder whether these plans have been thrown out to the public in order to make the more likely decision to use decommissioned ferries and oil rigs in UK waters seem sensible.

      A Threat Within and Without

      There are important differences between the Nazis’ plans to deport Jews from Europe to Madagascar and the UK Home Office’s investigations into sending migrants as far as possible offshore. I am not suggesting that what the UK government is talking about is genocidal or that the idea is borne of hatred and fear of a specific group of people believed to be part of a worldwide conspiracy to destroy the British people, in the way that leading Nazis believed that Jews were a threat to the Aryan “race.” The Jews were believed to be a threat within, who had to be expelled; migrants to the UK are perceived as a threat from outside, whose entry into the country must be prevented, albeit a “threat” that resonates with those who believe that the UK is already being “Islamized,” meaning that the danger already lies within.

      Nevertheless, the logic of what the Home Office is talking about does stem from the sort of fantasies and fears that have driven the persecution of minorities throughout modern history. The notion that the UK is full and cannot accept more immigrants, despite more than 40,000 deaths from COVID-19; the idea that migrants have chosen to come to Britain because they “know” they will receive better housing and welfare than long-established locals; the fear that migrants bring disease and crime, and that they will refuse to adapt to “our way of life” — all of this lies behind current and mooted policies that are as irrational as they are infantile.

      The Australian policy of holding migrants in PNG or on Nauru in appalling conditions has resulted in spiraling mental and physical illnesses. The spending of huge sums of money by Frontex and by the UK Border Guard in the Mediterranean and the English Channel has not stopped migrants from traveling, and the hypocrisy of blaming people traffickers is eye-watering given that such criminal gangs only exist because of the lack of proper channels for migration.

      It has been shown many times that the migrants who make the journey are among the most enterprising and energetic people in the world, desperate only to make better lives for themselves. Treating them like criminals will make them, many of whom already extremely vulnerable, ill. The cost to the taxpayer of running these centers will be far greater than the gain to the economy of allowing migrants in and letting them work.

      Above all, the idea of sending migrants to far-flung places is a policy of fear and paranoia — a fear of pollution and paranoia about difference. It is a ludicrous, though deeply harmful concept, and one which will not stop migrants trying to get to the UK. Most important, it is one whose logic points only in the direction of increasingly radical measures. When we have a government that is willing to break international law in one context, how long will it be before the UK breaks it in another, with respect to human rights legislation or the 1951 UN Refugee Convention, even if only in a “specific and limited” way?

      *[Fair Observer is a media partner of the Centre for Analysis of the Radical Right.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

    • 100 Shares159 Views

      in World Politics

      No Place for Naivety in Afghan Peace Talks

      by

      In recent years, there has been widespread talk in the media about how much the Taliban has changed. First, it has been argued that the Taliban’s ideological view has been adjusted, which created the impression that the armed group no longer has a problem with human rights or gender equality. Second, it has been suggested that the Taliban has become more in tune with the transformation taking place in Afghanistan over the past two decades. However, from all available evidence, we see that the Taliban’s vision remains inflexible and exclusionary. This approach to equality in political rights will undermine the peace process.

      On September 12, the intra-Afghan talks between the Afghan government delegation and the Taliban officially started in Qatar’s capital, Doha. After two weeks of bargaining, negotiations are yet to finalize the procedural rules for these talks. There is disagreement over two issues. First, the Taliban insists that the basis for the intra-Afghan talks should be the group’s deal with the United States, signed in Doha on February 29. Second, the Taliban insist that the framework for the resolution of disagreements should be based only on Hanafi jurisprudence of Islam.

      Can the Taliban and the Afghan Government Make Peace?

      READ MORE

      Given the Taliban’s sectarian past vis-à-vis the Shia community, widespread concerns have been raised that the group may pursue exclusionary policies. This issue became serious when the Taliban delegation opposed mentioning the name of the Shia branch of Islam. Abdul Salam Hanafi, a member of the Taliban team in Qatar, explained that the choice was made in favor of the Hanafi religion in order to resolve differences in the interpretation of Islamic texts and that “this does not mean that we should discriminate against our Shia brothers.” Mullah Khairullah Khairkhwa, a member of the Taliban’s negotiating team, said that they would discuss the “personal status, ritual and rites” of the Shia during talks regarding the Afghan Constitution.

      Regime of Discrimination

      The question arises as to why only one branch of Islam is used as a source of interpretation or as a framework for resolving disagreements when Afghanistan is a diverse country, home to various branches of the Islamic faith as well as non-Muslim communities. Do they only have rights to their religious tradition and practices, or do they also have political rights?

      Given the Taliban’s strict interpretation of Islamic texts and sharia law, their approach became a source of concern for Sunnis as well, including the Hanafi, whose own interpretation differs from that of the Taliban, which leaves no place for moderate Sunnis. Their interpretation of Islam is fundamentally in opposition to human rights, freedom of speech and civil liberties.

      Studies have shown that religious intolerance leads to political, cultural and economic discrimination when religion is considered as the basis for political legitimacy in government. Equating religion with political doctrine or using it as a guide for social and cultural activities jeopardizes civil liberties and citizenship, leading to discriminatory practices. Mohammad Reza Nikfar, a philosopher who has written extensively about religious discrimination, used the term “regime-e tabeez” to describe Iran, which in Persian means “regime of discrimination.” A regime of discrimination not only legalizes inequality in society, but the government sees its own discriminating practices as a divine mission.

      Embed from Getty Images

      Such a regime creates discriminatory distinctions. While implementing such discrepancies, the regime formulates specific principles of behavior, speech acts and institutions. This procedure is based on a regime of truth that defines what is right and wrong or who deserves punishment and deprivation. According to Nikfar’s theory, a regime of discrimination based on religion resembles an Orwellian political system.

      The history of the Taliban regime falls squarely in this category. Taliban ideology is rooted in violent Salafism, and the group wants to establish a “puritanical Islamic state.” The Taliban’s leader, Hibatullah Akhundzada, has repeatedly called for a “pure Islamic government” — the Islamic Emirate. In principle, the Taliban, like most other extremist groups, do not believe in religious pluralism. Afghanistan is a country of Islamic mysticism, but the Taliban have no respect for either mysticism or philosophy. This makes it difficult for Sunnis, and impossible for the Shia, to have a different interpretation of Islam and Islamic law.

      During Taliban rule, between 1996 and 2001, Afghanistan’s Hindus and Sikhs were ordered to wear yellow armbands to be identifiable from other citizens. At the time, no one was considered a citizen with political rights; instead, the Taliban treated people as subjects and followers. Girls and women were barred from going to school and working. During the regime, women were executed in public spaces such as sports stadiums and are still being shot after being found guilty by the Taliban’s religious tribunals.

      Despite many challenges, the situation for women has significantly improved in the past two decades. Today, millions more girls are in school, and women hold high positions within the government and play a significant role in the country’s political process. Thus, the Taliban’s strict religious approach toward women’s rights is a significant concern in the negotiations, with the group’s ambiguity and evasion on the question of women’s rights and political rights of minorities suggesting they may continue to pursue an exclusionary approach.

      Sociologically, the Taliban’s perception of Afghanistan is based on a tribal mindset, with views on Afghan society and culture rooted in the social ecosystem of a village setting. This lack of cultural capital based on a narrow local perspective cannot bring peace and stability because it fails to acknowledge the cultural plurality of Afghan society. A political philosophy based on tribal village structures cannot successfully govern over a diverse country. The Taliban emphasizes “Afghan values,” but in reality, these are indefinable. A book by Abdul Salam Zaeef, a former senior Taliban official, is a prime example of the Taliban’s perspective, which sees Afghanistan as a homogeneous and tribal society — as he has experienced it.

      The Taliban’s lack of a broad and inclusive view of Afghan society is not just a sign of their ignorance, but it describes a political outlook that could lead to a strategy of cultural violence and, subsequently, physical elimination. To control the diverse voices of Afghan society, the Taliban apply a highly centralized political system presided over by an unelected leader whose legitimacy stems from religion. In this case, the leader has absolute power. However, as the 19th-century historian, John Emerich Edward Dalberg, Lord Acton, warned, it is clear that absolute power brings absolute evil and corruption. The Taliban’s worldview, by default, would lead to locking the society in an old, rusty box of religious extremism, which would render a durable peace a near-impossibility.

      Challenging Circumstances

      Focusing on civilian causality is peace talks is an urgent issue. Naeem Wardak, a spokesman for the Taliban’s office in Qatar, said that the Taliban had killed “no civilians.” However, a UN report attributed 43% of the 1,282 civilians killed and 2,176 injured between January 1 and June 30 this year to the Taliban, 23% to the Afghan national security forces, with the rest of attributed to other actors such as the Islamic State. Some Taliban commanders publicly threaten civilians with mass killings. One of them, Mullah Niazi, speaks with pride and joy about killing civilians. He explains how he will kill Hazaras, a predominantly Shia ethnic minority, and burn down their houses one by one.

      Afghanistan is on the verge of a monumental shift. So far, the Taliban failed to show their commitment to end the violence and support equality and political rights of each Afghan, regardless of their religious and ethnic background. Any naive or negligent decision during the peace negotiations can lead the country into darkness and violence. But at the same time, the inter-Afghan dialogue is a significant opportunity to end the war and secure lasting peace. Both sides have to take an inclusive approach, respect human rights and accept equal political rights for all Afghan citizens regardless of their gender and ethnic background.  

      The current intra-Afghan negotiations are taking place in challenging circumstances. The government negotiating team is working under pressure from foreign powers and domestic circles as the Taliban continue to attack Afghan security forces. This is dangerous for the peace process.

      The international community and regional countries can play a significant role in encouraging both sides to reduce violence and recognize socio-cultural diversity, respect human rights and gender equality, and avoid creating a discriminatory political regime. Any exclusionary approach will increase distrust and will delegitimize the current peace talks. Violence should never be used as a bargaining chip in negotiations as it will severely undermine the peace process.

      *[The author is one of the investigators on the Carnegie Corporation of New York-funded project “Assessing the impact of external actors in the Syria and Afghan proxy wars” (Grant number: G-18-55949) at Deakin University, Australia.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More