SOUTH AFRICA
REPUBLIC OF SOUTH AFRICA
Head of state and government: Jacob G. Zuma (replaced
Kgalema Motlanthe in May)
Death penalty: abolitionist for all crimes
Population: 50.1 million
Life expectancy: 51.5 years
Under-5 mortality (m/f): 79/64 per 1,000
Adult literacy: 88 per cent
Increased incidents of torture and extrajudicial executions by police were reported. Refugees and migrants continued to suffer discrimination and displacement in large-scale incidents of violence. Advocates of housing rights were threatened and attacked with impunity. High levels of violence against women and girls were reported, along with failures by the authorities to provide adequate support to survivors of such abuse. An estimated 5.7 million people were living with HIV, with women continuing to be disproportionately affected.
Background
Elections in April resulted in a new government under the African National Congress (ANC) President, Jacob Zuma. The ANC secured 65.9 per cent of the vote and control over eight of the nine provinces. An Independent Electoral Commission official in KwaZulu-Natal province was prosecuted for forgery and violating the electoral code, the first such case since 1994.
Persistent poverty, rising levels of unemployment and violent crime, together with the crisis in the public health sector, posed significant challenges for the new government. Political tensions emerged within the ANC, the trade union congress and Communist Party alliance over economic policy, with frequent trade union-led workers’ strikes. Corruption and nepotism impeded community access to housing and services, and led to the collapse of some municipal governments and to widespread protests among affected communities. The volatile situation contributed to increased incidents of violence against foreign nationals, who were perceived as competing for scarce economic resources.
Political developments continued to affect the independence and integrity of the administration of justice. In April, the Acting National Director of Public Prosecutions (NDPP), Mokotedi Mpshe, withdrew corruption charges against Jacob Zuma on grounds of improper interference in the case. In August, the Judicial Services Commission (JSC), without a formal hearing, ruled that the Judge President of the Western Cape High Court, John Hlophe, was not guilty of gross misconduct after an apparent attempt to influence two judges preparing a judgement affecting the case against Jacob Zuma. A minority of JSC members disagreed with the ruling.
In November, President Zuma appointed Menzi Simelane as NDPP. He had previously been under disciplinary investigation by the Public Service Commission (PSC) after the Ginwala commission of inquiry found his testimony untruthful and without basis in law. The PSC findings had not been made public by the end of the year.
Torture and other ill-treatment
Incidents of torture and other ill-treatment by police of detained crime suspects were reported. Corroborated cases included the use of suffocation and electric shock torture. Incidents of torture rose, according to the police oversight body, the Independent Complaints Directorate (ICD). From April 2008 to March 2009 they investigated 828 incidents of assault with intent to cause grievous bodily harm, some of which amounted to torture. Suspects in several cases were interrogated and assaulted while held without any record of their arrest. Despite continuing efforts by the South African Human Rights Commission and civil society organizations, South Africa did not ratify the Optional Protocol to the Convention against Torture.
The Judicial Inspectorate of Prisons received over 2,000 complaints of assaults against prisoners by prison warders between April 2008 and March 2009. In October, a provision in the new Correctional Services Amendment Act, which compels prison officials to report any use of force to the Inspecting Judge immediately, became operational. Overcrowding remained a serious problem, with 19 prisons “critically overcrowded”.
Sidwel Mkwambi died in February while in the custody of the Bellville South Organized Crime Unit (OCU). Police claimed he had jumped out of a moving police vehicle, but his injuries were not consistent with their claims. In May, the provincial minister for police ordered them to co-operate with the ICD-led investigation. The ICD referred the case to the prosecuting authorities for a decision on charges against 14 members of the OCU.
Extrajudicial executions
In September, the Minister of Police and the National Commissioner of Police announced legislative and other measures to respond with maximum force against armed criminals and perpetrators of attacks against police officers. In June, the ICD reported a 15 per cent increase in deaths in custody and “as a result of police action” over the past two reporting years. KwaZulu-Natal province showed the highest increase, 47 per cent, from 175 to 258 deaths.
Bongani Mkhize, chairperson of the Maphumulo Taxi Association, was shot dead by members of the National Intervention Unit on 3 February, allegedly after he opened fire on them. His death, which appeared to be linked to investigations into the murder of a police commissioner, occurred despite a ruling three months earlier by the Durban High Court restraining police from “unlawfully killing” him. The court heard evidence that his name was on a list of suspects, all of whom by October that year had been shot dead, several after being arrested and interrogated by the police.
An unidentified man was shot dead on 29 October in Durban while apparently fleeing the police after a suspected vehicle theft. Witnesses heard gunshots and saw his body hanging on a security fence near an apartment building. The police attempted to mislead independent investigators and also told the media that he had electrocuted himself on the fence. However, medical evidence indicated he died from a high velocity gunshot injury to his spine. There was no evidence of electrical injury.
Right to adequate housing – forced evictions
In September, leaders and supporters of the community-based economic and social rights movement, Abahlali baseMjondolo (Abahlali), fled their homes in the Kennedy Road informal settlement near Durban, following an attack by armed men. Their houses were destroyed and they were threatened with further violence. The attackers identified their targets by name and in ethnic terms,
as amaMpondo (Xhosa-speakers). Subsequently 13 Abahlali supporters, all Xhosa-speakers, were arrested and charged in connection with the deaths on 27 September of two men during the night of the attack. However, no charges were brought against anyone for the attacks on Abahlali supporters. By the end of the year, one of the 13 arrested Abahlali supporters had charges against him withdrawn, and 12 still faced charges, with seven of them released on bail.
In October, the Constitutional Court declared section 16 of the KwaZulu-Natal Elimination and Prevention of Re-emergence of Slums Act 6 (2007) to be inconsistent with the Constitution and invalid. The case against the Act had been brought in the courts by Abahlali in 2008. The October ruling affected thousands of people living in informal housing and with insecure land tenure. Despite the impact of their successful litigation, Abahlali’s community-based work remained severely disrupted by the violent events of September.
Refugees and migrants
Violations of the rights to life and physical integrity of refugees and migrants, and attacks on their property, occurred throughout the year. Incidents of violence led to large-scale displacements of non-national communities in De Doorns, Siyathemba/Balfour and Polokwane, along with other serious incidents elsewhere. Somali and Zimbabwean nationals were particularly targeted. The police response to incidents varied from complicity or negligence to, in some cases, a visible effort to prevent violence from escalating. Towards the end of the year the work of civil society and humanitarian organizations was beginning to achieve an improved police emergency response.
President Zuma publicly condemned xenophobia and the destruction of property of foreign nationals. Progress was made in drafting a National Action Plan to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance. Durable solutions remained difficult to achieve for some displaced refugees, particularly from conflict countries. Incidents of forcible returns continued to occur.
The political and economic crisis in Zimbabwe fuelled the flow of migrants and asylum-seekers into South Africa. In April, the government introduced a 90-day visa-free entry for Zimbabweans and announced plans for immigration permits for Zimbabweans already in the country. The permits had not been implemented by the end of the year. An informal shelter for Zimbabweans in the border town of Musina was abruptly closed in March, with many occupants seeking shelter in Johannesburg, particularly at the Central Methodist Mission (CMC). By the end of the year, several thousand Zimbabweans were still sheltering at the CMC with the authorities failing to meet their humanitarian needs.
In July, the police arrested hundreds of mainly Zimbabwean nationals for “loitering” near the CMC. Medical evidence indicated that in some cases the detainees had been beaten, kicked, pepper sprayed and shocked with electric stun guns. Some were verbally abused as makwerekwere (foreigners) by police. All 350 detainees were released uncharged three days later. In October, the CMC and Lawyers for Human Rights sought an order in the High Court declaring the arrests unlawful and prohibiting the further use of the anti-loitering municipal by-law. The case was ongoing at the end of the year.
Violence against women and girls
A new ministry for Women, Youth, Children and People with Disability was announced. High levels of violence against women and girls continued to be reported, although comparisons with previous years were difficult due to the changed legal framework for recording these crimes. Police figures for the year ending March 2009 indicated a 10.1 per cent increase in sexual offences, including rape, against adults and children, with over 30,000 against women 18 years or older.
In June, the South African Medical Research Council published results of a survey showing that more than two fifths of the men interviewed had been physically violent to an intimate partner. The ICD reported to Parliament in February that its inspection of 430 police stations showed many were failing to comply with their obligations under the Domestic Violence Act (DVA). There were also a number of substantiated complaints brought against the police, including failing to arrest the perpetrator for non-compliance with a Protection Order, to advise complainants of their options under the DVA and for “chasing away” complainants.
NGOs and support organizations reported that the police had not received adequate or in some cases any training on their obligations under the sexual offences and domestic violence laws. By the end of the year, the authorities had established 17 out of
the targeted 50 planned one-stop centres for the provision of treatment, support and access to justice for survivors of gender-based violence. In July, the Minister of Police announced he would review the decision to close the specialized family violence and sexual offences units. Research confirmed that the decision in 2006 to close the units led to a deterioration in services and a reduced rate of arrests and convictions.
In November, the Equality Court reserved judgement in a complaint of hate speech brought by the NGO Sonke Gender Justice. The complaint was brought against the ANC Youth League president, for public comments which appeared to denigrate women who reported being raped.
Right to health – people living with HIV/AIDS
An estimated 5.7 million people were living with HIV, according to UNAIDS. By July the number of AIDS patients receiving antiretroviral treatment (ART) had increased to an estimated 870, 000, about half of those who needed it. Poor government planning and staffing shortages left some hospitals with shortages of ART drugs and unable to start treatment for new patients. In October, the budget allocation for HIV drugs was increased.
Women continued to be disproportionately affected and infected by HIV and AIDS. In June the South African Human Sciences Research Council’s national HIV prevalence survey showed that 15- to 19-year-old females had a prevalence rate of over six per cent, more than twice the rate for males of the same age group, and rising to over 32 per cent among 25- to 29-year-old women. African women aged 20 to 34 years were identified as the population group most at risk in the country.
On 1 December, World AIDS Day, the government announced a new drive to scale up voluntary HIV testing, among other new measures to combat the epidemic.
International justice
Following civil society protests, the government confirmed in August that it would act on the International Criminal Court arrest warrant against the President of Sudan if he travelled to South Africa, despite the position taken at the African Union Heads of State and Government Summit in Sirte, Libya in July.
In December, human rights organizations sought an order in the Pretoria High Court declaring unlawful the South African authorities’ decision not to initiate an investigation into alleged crimes against humanity committed in Zimbabwe by individuals known to travel to South Africa.
Source: Constitutionally Speaking: Amnistry International
The full report can be found here.
Showing posts with label Amnesty International. Show all posts
Showing posts with label Amnesty International. Show all posts
Friday, May 28, 2010
Thursday, May 27, 2010
Amnesty International Releases 2010 Human Rights Report
There is still no scarcity of poverty and human degradation around the world. But Amnesty International says in its latest annual human rights report that people are being held accountable for some of the worst violations.
"We're very encouraged by the trend for example in Latin America where we had three former heads of states brought to justice from Peru, Uruguay and Argentina," said interim Secretary-General Claudio Cordone.
But Cordone says many countries are limiting progress in international justice by acting only when it is politically advantageous.
"We still see governments who hold themselves above the law, for example by not accepting the jurisdiction of the International Criminal Court," he said. "Among those are seven of the G20 countries. And also, we see governments shielding their political allies from international scrutiny."
Source: VO News
"We're very encouraged by the trend for example in Latin America where we had three former heads of states brought to justice from Peru, Uruguay and Argentina," said interim Secretary-General Claudio Cordone.
But Cordone says many countries are limiting progress in international justice by acting only when it is politically advantageous.
"We still see governments who hold themselves above the law, for example by not accepting the jurisdiction of the International Criminal Court," he said. "Among those are seven of the G20 countries. And also, we see governments shielding their political allies from international scrutiny."
Source: VO News
Libya - Amnesty International Report 2010
- Head of state: Mu’ammar al-Gaddafi
- Head of government: al-Baghdadi Ali al-Mahmoudi
- Death penalty: retentionist
- Population: 6.4 million
- Life expectancy: 73.8 years
- Under-5 mortality (m/f): 20/19 per 1,000
- Adult literacy: 86.8 per cent
Freedom of expression, association and assembly continued to be severely curtailed and the authorities showed little tolerance of dissent. Critics of the government’s human rights record were punished. Former detainees at Guantánamo Bay returned to Libya by US authorities continued to be detained; one died in custody, apparently as a result of suicide. Foreign nationals suspected of being in the country irregularly, including refugees and asylum-seekers, were detained and ill-treated. An official investigation began into the killing of prisoners at Abu Salim Prison in 1996 but no details were disclosed and some of the victims’ relatives who had campaigned for the truth were arrested. Hundreds of cases of enforced disappearance and other serious human rights violations committed in the 1970s, 1980s and 1990s remained unresolved, and the Internal Security Agency (ISA), implicated in those violations, continued to operate with impunity.
Background
In February, Mu’ammar al-Gaddafi became Chairperson of the African Union and in September addressed the UN General Assembly (of which Libya held the presidency) for the first time. Also in September Libya marked 40 years under Mu’ammar al-Gaddafi’s rule. Negotiations between the EU and Libya on a framework agreement continued.On 20 August, Abdelbaset Ali Mohmed al-Megrahi, the Libyan convicted of the 1988 bombing of Pan Am Flight 103 over Scotland in the UK, was released by the Scottish authorities and returned to Libya after he was confirmed to have terminal cancer.
In October, the authorities agreed to a visit by the UN Working Group on Arbitrary Detention, but they neither specified a date nor did they invite the UN Special Rapporteur on torture, despite a pending request.
In November, Switzerland suspended the normalization of relations with Libya, following the Libyan authorities’ incommunicado detention of two Swiss businessmen, Rachid Hamdani and Max Goeldi, from 18 September to 9 November. In November, the men were convicted of immigration offences and sentenced to 16-month prison terms and fines of LYD2,000 (approximately 1,000 euros). The men, who remained in the Swiss embassy at the end of the year, also faced commercial and tax charges.
Repression of dissent
The authorities released at least two prisoners of conscience but rearrested one of them and continued to detain others. Activities that amount to the peaceful exercise of freedom of expression and association remained criminalized in the Penal Code and Law 71 of 1972.- Jamal el-Haji and Faraj Saleh Hmeed, detained since February 2007 for attempting to organize a peaceful demonstration, were released on 10 March. Jamal el-Haji was arrested on 9 December and charged with insulting the judiciary after he complained about his treatment in detention.
- Fathi el-Jahmi, a renowned critic of the political system detained as a prisoner of conscience almost continuously since March 2002, during which he had access to only sporadic and inadequate medical care, was flown from Libya to Jordan for urgent medical treatment on 5 May. He died on 21 May. No independent investigation was known to have been opened by the Libyan authorities into the circumstances leading to the deterioration of his health and the cause and circumstances of his death.
- Abdelnasser al-Rabbasi, arrested in January 2003 and serving a 15-year prison sentence for “undermining the prestige of the Leader of the revolution” for writing an email critical of Mu’ammar al-Gaddafi to the Arab Times newspaper, remained in Abu Salim Prison.
- ‘Adnan el-‘Urfi, a lawyer, was arrested on 9 June following his call to the radio programme Good Evening Benghazi in May, in which he recounted human rights violations endured by one of his clients and criticized Libya’s judicial system. He was cleared of all charges by a court in Benghazi in September. The prosecution appealed; he remained at liberty pending the outcome of the appeal.
Counter-terror and security
The imprisoned leadership of the Libyan Islamic Fighting Group (LIFG) was reported to have renounced violence following continued negotiations with the Gaddafi International Charity and Development Foundation (GDF), headed by Saif al-Islam al-Gaddafi. In March, the GDF announced that 136 members had been released over the previous two years. Forty-five more members were released in October, along with 43 others alleged to be members of “jihadist” groups. The GDF published a list of those released in October, calling on the Secretary of the General People’s Committee to assist their social reintegration.- In June, Muhammad Hassan Abou Sadra, a victim of arbitrary detention according to the UN Working Group on Arbitrary Detention, was released after more than 20 years.
- Abu Sufian Ibrahim Ahmed Hamuda and Abdesalam Safrani, who were returned from detention at Guantánamo Bay by the US authorities in September 2007 and December 2006 respectively, continued to be detained at Abu Salim Prison. The Libyan authorities refused to disclose their legal status. Three other Libyan nationals held at Guantánamo Bay were cleared for release by US authorities in September but had not been returned to Libya by the end of the year.
- Abdelaziz Al-Fakheri, also known as Ibn Al Sheikh Al Libi, was reported to have committed suicide in Abu Salim Prison on 9 May. He had been returned to Libya in late 2005 or early 2006 after detention by US forces as a terror suspect and had been continuously detained since his return. The authorities said they had opened an investigation and said later that he had committed suicide but provided no details.
- Mahmoud Mohamed Aboushima, suspected of belonging to the LIFG, who was arrested in July 2005 shortly after returning from the UK, remained in Abu Salim Prison at the end of 2009 despite a High Court ruling of July 2007 confirming a lower court order that he be released.
Migrants, refugees and asylum-seekers
The authorities continued to detain suspected irregular migrants, some of whom were reported to have been ill-treated, and thousands of whom were subsequently deported. The authorities also failed to afford the protection required by international law to refugees and asylum-seekers. In May, the Italian authorities began to send irregular migrants intercepted at sea to Libya, where they were detained. UNHCR, the UN refugee agency, said that by September it had granted refugee status to 206 of the 890 people sent back from Italy to Libya whose cases it had examined. In November, UNHCR’s Libyan partner organization announced plans to open health clinics in four detention centres.- On 10 August, security forces reportedly used excessive force, including live ammunition, knives and sticks, against up to 200 foreign nationals seeking to escape from the Ganfouda Detention Centre near Benghazi, reportedly causing deaths and serious injuries. Most of the escapees were recaptured and returned to Ganfouda. Some inmates were reported to have been assaulted by security officials following the escape attempt.
Impunity
Throughout 2009, relatives of the hundreds of prisoners believed to have been killed at Abu Salim Prison in 1996 held peaceful protests in Benghazi, Ajdebia and other cities to demand the truth, justice and reparation. The authorities informed some families that prisoners had been killed, and in some cases issued death certificates, but many families rejected the offer of financial compensation as it was conditional on their not seeking judicial redress. In September, the authorities appointed a judge to head an investigation into the incident, but neither his mandate nor other details of the investigation were disclosed. In October, the authorities announced plans to demolish Abu Salim Prison, prompting an outcry by some families of victims who feared the destruction of evidence.The security forces, particularly the ISA, continued to operate with impunity, and detained and interrogated individuals suspected of dissent or terrorism-related activities, while holding them incommunicado and denying them access to lawyers.
- On 26 March, three members of the Organizing Committee of Families of Victims of Abu Salim in Benghazi were arrested. Fouad Ben Oumran, Hassan El-Madani and Fathi Tourbil were at the forefront of the demonstrations by families of victims. They and two others arrested on 28 March were released days later without being formally charged.
Discrimination against women
Women continued to face discrimination in both law and practice. Some were prosecuted and convicted for zina (having sexual relations outside of wedlock); at least one woman was sentenced to flogging.- On 21 October, a group of women from a state-run care centre in Benghazi demonstrated against alleged sexual harassment by officials at the centre. Following the demonstration, officials reportedly put pressure on the women to retract their allegations. On 26 October, defamation charges were initiated against Mohamed Al-Sarit, the journalist who reported on the protest, apparently on the basis of complaints made by some of the women. Investigations were reported to have been initiated into the women’s allegations of sexual harassment but no suspected perpetrators were tried.
Death penalty
The death penalty was retained for a large number of offences, including for the peaceful exercise of the right to freedom of expression and association. At least four men were reported to have been executed – one Nigerian and three Egyptian nationals – but the real number may have been higher as the authorities did not disclose details of executions. An amnesty marking the 40th anniversary of the Fateh Revolution in September commuted to life imprisonment all death sentences of those convicted in criminal cases before 1 September. Eight other people under sentence of death were pardoned and 11 had their sentences commuted to various prison terms.Amnesty International visit/report
- Amnesty International delegates were permitted to visit Libya for the first time in over five years in May.
- Libya: Amnesty International completes first fact-finding visit in over five years
Tuesday, August 25, 2009
Constitutional Court to rule on prisoner pardons
The Constitutional Court will rule on Tuesday on whether 384 prisoners, some serving sentences for murder and robbery, are entitled to apply for political pardons. Inkatha Freedom Party (IFP) chief whip Koos van der Merwe said on Monday he hoped the matter would "finally be resolved" six years after applications for presidential pardon were made. "Most of them are in jail for serious crimes, such as murder and robbery -- allegedly political," Van der Merwe told Sapa. "Not all of them are IFP members. But the point is that in six years the department of justice has done nothing. Even if only five of the prisoners qualify for a pardon, then they will have languished in prison for nothing."
Van der Merwe said the Ministry of Justice had been incompetent and arrogant in dealing with the issue. It was an international scandal, he said. "The gross violation of the human rights of these prisoners reflects badly on South Africa as a whole. Government's deliberate lack of action is clearly a violation of the spirit of our Constitution and we are therefore confident that the court will rule in our favour tomorrow."
The prisoners first applied for pardons six years ago, but their applications were dismissed on "technical grounds". The IFP then took the issue to the South African Human Rights Commission (SAHRC) which ordered former justice minister Brigitte Mabandla to finalise the applications within three months. The IFP took Mabandla to court after she ignored the SAHRC ruling. "Subsequently, the IFP took the matter to the High Court of South Africa who also made a ruling against Mabandla ordering her to finalise the matter within three months," Van der Merwe said.
Mabandla then applied for leave to appeal to the Supreme Court of Appeal, which was granted. Five judges of the Supreme Court of Appeal unanimously rejected Mabandla's appeal. Mabandla then appealed to the Constitutional Court. The IFP laid a complaint against former president Thabo Mbeki and Mabandla with Amnesty International.
Van der Merwe said the IFP's lawyer had informed him that President Jacob Zuma had filed an affidavit on the case late on Monday. "They have had six years to do something about this, but they leave it until late in the final afternoon on the day before the case. It is remarkably incompetent."
Source: Mail & Guardian
Van der Merwe said the Ministry of Justice had been incompetent and arrogant in dealing with the issue. It was an international scandal, he said. "The gross violation of the human rights of these prisoners reflects badly on South Africa as a whole. Government's deliberate lack of action is clearly a violation of the spirit of our Constitution and we are therefore confident that the court will rule in our favour tomorrow."
The prisoners first applied for pardons six years ago, but their applications were dismissed on "technical grounds". The IFP then took the issue to the South African Human Rights Commission (SAHRC) which ordered former justice minister Brigitte Mabandla to finalise the applications within three months. The IFP took Mabandla to court after she ignored the SAHRC ruling. "Subsequently, the IFP took the matter to the High Court of South Africa who also made a ruling against Mabandla ordering her to finalise the matter within three months," Van der Merwe said.
Mabandla then applied for leave to appeal to the Supreme Court of Appeal, which was granted. Five judges of the Supreme Court of Appeal unanimously rejected Mabandla's appeal. Mabandla then appealed to the Constitutional Court. The IFP laid a complaint against former president Thabo Mbeki and Mabandla with Amnesty International.
Van der Merwe said the IFP's lawyer had informed him that President Jacob Zuma had filed an affidavit on the case late on Monday. "They have had six years to do something about this, but they leave it until late in the final afternoon on the day before the case. It is remarkably incompetent."
Source: Mail & Guardian
Saturday, June 8, 2002
Amnesty says US leads in human rights violations following September 11
The Amnesty International (AI) Report 2002 covers the period from January to December 2001, with a particular focus on the world situation following the September 11 terrorist attacks in the United States.
The foreword to the report, written by Irene Khan, secretary general of Amnesty, together with most of the introduction, addresses the attitude of governments towards human rights since the launching of the so-called war against terrorism by US President Bush.
Under the heading “Countering the backlash,” Kahn notes that human rights activists now face an uphill battle: “As the ‘war against terrorism’ dominated world news, governments increasingly portrayed human rights as an obstacle to security, and human rights activists as romantic idealists at best, ‘defenders of terrorists’ at worst.”
Leading into this passage she quotes a revealing comment by an unnamed government official: “‘Your role collapsed with the collapse of the Twin Towers in New York.’ This blunt statement to AI delegates by a senior government official captured the challenge faced by the human rights movement following the events of 11 September 2001.” Amnesty was unable to source the above quotation as Kahn is presently away, but promised to do so as soon as possible. There is no reason to doubt its veracity, however, given that one attack after another on democratic rights has been mounted in the name of combating terrorism.
US human rights violations
Kahn explains, “the readiness of governments to trade human rights in the interest of security is nothing new,” but the difference today is that this is not done by “autocratic regimes but established democracies in the name of public security.” Heading the list of culprits is the US itself, with Britain also earning dishonourable mention.
The summary introducing the section on the US paints a picture far removed from that presented by Bush in his recent State of the Union address, when he insisted, “America will always stand firm for the non-negotiable demands of human dignity” and that these include “the rule of law” and “equal justice.”
AI writes that more than 1,200 people, mainly foreign nationals were detained during investigations into the September 11 attacks. Though public information on these detentions remains scant, it is clear that some were held incommunicado. The report speaks of “Muslim detainees suffering physical or verbal abuse from guards or other inmates while held in local jails and of cruel conditions of confinement, including prolonged solitary confinement, inadequate exercise and the wearing of shackles during non-contact visits.”
In late November last year, the Attorney General revealed that 104 people had been charged with various criminal offences, “many of them minor and one directly related to 11 September, of whom half remain in custody. Another 548 unidentified individuals were held on immigration charges,” the AI report states.
Alongside anti-terrorist legislation that severely curtails human rights and civil liberties, “AI has called for inquiries into several incidents involving the killing of civilians by US and allied forces during military action in Afghanistan and into the killing of hundreds of prisoners in Qala-i-Jhangi fort following an uprising.”
The report continues, “An as yet unknown number of Afghan civilians were killed or injured or had their homes or property destroyed during the US-led coalition bombing which began on 7 October and continued for the rest of the year. AI raised concerns with the US authorities about specific attacks in which civilians were killed and civilian objects were destroyed, urged that investigations be conducted into possible violation of international humanitarian law and called for a moratorium on the use of cluster-weapons. In November, AI called on the USA, the United Islamic Front for the Salvation of Afghanistan (United Front) and the United Kingdom to conduct an inquiry into the deaths of hundreds of Taleban prisoners and others at Qala-i-Jhangi fort, after an uprising by some Taleban captives was put down by bombing by US warplanes and United front artillery.”
Both the US and British governments denied AI’s request for an investigation into what happened at the Qala-i-Jhangi fort.
The stance of the Bush administration finds its reflection throughout the globe. Indeed the AI report makes clear that the launch of the US war on terrorism has had a major destabilising effect on world politics. It is broken down into regional sections including the Americas, Asia, the Middle East and North Africa, Europe, and Africa. Whatever the region, the assessment notes increased militarism and the systematic abuse of human rights. Khan says in the foreword, “A number of governments jumped on the ‘anti-terrorist’ bandwagon to stifle political dissent.”
Explaining that governments, “rushed through laws formulating new crimes, banning organisations and freezing their assets, curbing civil liberties and reducing the safeguards against human rights violations,” Kahn adds, “Regrettably, a number of these laws used definitions of ‘terrorism’ which were dangerously broad and vague.”
It is indicative that Britain, America’s main ally in the war on terrorism, is also singled out for particular criticism. The section dealing with Britain includes Northern Ireland and a substantial part of the report is given over to the record of human rights violations there. As with America, however, the September 11 attacks have been seized upon to introduce sweeping new legislation that severely curtails democratic rights and civil liberties.
British Prime Minister Tony Blair sought to strengthen Britain’s ties with the US by providing crucial political support to Bush’s war drive. As with Bush, the climate of hysteria produced after the terrorist attacks provided a useful cloak behind which to make inroads into democratic rights and civil liberties within Britain.
The report explains, “In the United Kingdom (UK), the government passed ‘emergency’ legislation which provided for detention of foreign nationals without charge or trial, thereby creating a shadow criminal justice system without the essential safeguards of the formal system. Legislation was passed in the USA allowing for indefinite detention on national security grounds of non-US nationals facing deportation,” Kahn writes.
“The Anti-terrorism, Crime and Security Act 2001 was passed in December after less than a month of parliamentary and public scrutiny. The UK derogated from Article 5(t) of the European Convention on Human Rights and Article 9 of the ICCPR [International Covenant on Civil and Political Rights] in order to allow for indefinite administrative detention. Under the Act, the Secretary of State may order such detention, without charge or trial and without recourse to judicial review, of any non-UK national deemed a ‘suspected international terrorist and national security risk’ on the basis of reasonable suspicion. The evidence would not be subject to public scrutiny or effective challenge. Among other measures, the Act also denies asylum-seekers labelled as ‘terrorist’ the right to have the merits of their claim individually assessed. In December, eight people were detained under the new legislation.” the report says.
In a separate press briefing on anti-terrorism legislation internationally, AI says of the European Union, “The European Commission prepared a proposal for a set of ‘terrorism’ offences that all member states should prohibit. In Amnesty International’s view, some of the proposed offences were excessively broad or too vague and could criminalise peaceful activities. The Commission also proposed an EU arrest warrant and surrender procedures between member states. Aspects of this would infringe human rights guarantees, e.g. not to be extradited to a jurisdiction where the person might face an unfair trial. New measures might prevent people from seeking asylum on the basis that they may be involved in ‘acts of terrorism’ without fully considering their claims in fair and satisfactory procedures.”
Kahn goes on to cite many other examples of countries that have imposed repressive and undemocratic legislation, concluding, “the aftermath of 11 September saw a resurgence in the powers of the military. More and more civilians were detained by the military and tried by military courts. Military forces, as well as unaccountable security and intelligence services, were increasingly involved in public security functions and in intelligence operations targeted at the civilian population.”
The “hypocrisy and selectivity of governments,” while not new, “became even clearer in the drive to build an alliance in the ‘war against terrorism’. Governments remained silent on abuses committed by those they counted or sought as allies. The same governments that denounced the human rights abuse of women by the Taleban government of Afghanistan remained silent about the plight of women in Saudi Arabia. Those who condemned human rights violations in Iraq did not protest against human rights violations by Russian troops in Chechnya, or by the authorities in Uzbekistan against Muslims who peacefully practise their faith outside state controls.”
The AI report draws particular attention to the impact of the war on terrorism upon immigrants and asylum seekers. Kahn states that the “tendency... to portray foreigners, particularly refugees and asylum-seekers, as ‘terrorists’” has led to “a refuelling of the fires of racism... People were attacked in the USA, Canada, western Europe, parts of Asia and Africa, not for what they did but for who they were, simply for being a Muslim or Arab or Asian, or even for looking like a Muslim, Arab or Asian.”
Source: World Socialist Web Site
The foreword to the report, written by Irene Khan, secretary general of Amnesty, together with most of the introduction, addresses the attitude of governments towards human rights since the launching of the so-called war against terrorism by US President Bush.
Under the heading “Countering the backlash,” Kahn notes that human rights activists now face an uphill battle: “As the ‘war against terrorism’ dominated world news, governments increasingly portrayed human rights as an obstacle to security, and human rights activists as romantic idealists at best, ‘defenders of terrorists’ at worst.”
Leading into this passage she quotes a revealing comment by an unnamed government official: “‘Your role collapsed with the collapse of the Twin Towers in New York.’ This blunt statement to AI delegates by a senior government official captured the challenge faced by the human rights movement following the events of 11 September 2001.” Amnesty was unable to source the above quotation as Kahn is presently away, but promised to do so as soon as possible. There is no reason to doubt its veracity, however, given that one attack after another on democratic rights has been mounted in the name of combating terrorism.
US human rights violations
Kahn explains, “the readiness of governments to trade human rights in the interest of security is nothing new,” but the difference today is that this is not done by “autocratic regimes but established democracies in the name of public security.” Heading the list of culprits is the US itself, with Britain also earning dishonourable mention.
The summary introducing the section on the US paints a picture far removed from that presented by Bush in his recent State of the Union address, when he insisted, “America will always stand firm for the non-negotiable demands of human dignity” and that these include “the rule of law” and “equal justice.”
AI writes that more than 1,200 people, mainly foreign nationals were detained during investigations into the September 11 attacks. Though public information on these detentions remains scant, it is clear that some were held incommunicado. The report speaks of “Muslim detainees suffering physical or verbal abuse from guards or other inmates while held in local jails and of cruel conditions of confinement, including prolonged solitary confinement, inadequate exercise and the wearing of shackles during non-contact visits.”
In late November last year, the Attorney General revealed that 104 people had been charged with various criminal offences, “many of them minor and one directly related to 11 September, of whom half remain in custody. Another 548 unidentified individuals were held on immigration charges,” the AI report states.
Alongside anti-terrorist legislation that severely curtails human rights and civil liberties, “AI has called for inquiries into several incidents involving the killing of civilians by US and allied forces during military action in Afghanistan and into the killing of hundreds of prisoners in Qala-i-Jhangi fort following an uprising.”
The report continues, “An as yet unknown number of Afghan civilians were killed or injured or had their homes or property destroyed during the US-led coalition bombing which began on 7 October and continued for the rest of the year. AI raised concerns with the US authorities about specific attacks in which civilians were killed and civilian objects were destroyed, urged that investigations be conducted into possible violation of international humanitarian law and called for a moratorium on the use of cluster-weapons. In November, AI called on the USA, the United Islamic Front for the Salvation of Afghanistan (United Front) and the United Kingdom to conduct an inquiry into the deaths of hundreds of Taleban prisoners and others at Qala-i-Jhangi fort, after an uprising by some Taleban captives was put down by bombing by US warplanes and United front artillery.”
Both the US and British governments denied AI’s request for an investigation into what happened at the Qala-i-Jhangi fort.
The stance of the Bush administration finds its reflection throughout the globe. Indeed the AI report makes clear that the launch of the US war on terrorism has had a major destabilising effect on world politics. It is broken down into regional sections including the Americas, Asia, the Middle East and North Africa, Europe, and Africa. Whatever the region, the assessment notes increased militarism and the systematic abuse of human rights. Khan says in the foreword, “A number of governments jumped on the ‘anti-terrorist’ bandwagon to stifle political dissent.”
Explaining that governments, “rushed through laws formulating new crimes, banning organisations and freezing their assets, curbing civil liberties and reducing the safeguards against human rights violations,” Kahn adds, “Regrettably, a number of these laws used definitions of ‘terrorism’ which were dangerously broad and vague.”
It is indicative that Britain, America’s main ally in the war on terrorism, is also singled out for particular criticism. The section dealing with Britain includes Northern Ireland and a substantial part of the report is given over to the record of human rights violations there. As with America, however, the September 11 attacks have been seized upon to introduce sweeping new legislation that severely curtails democratic rights and civil liberties.
British Prime Minister Tony Blair sought to strengthen Britain’s ties with the US by providing crucial political support to Bush’s war drive. As with Bush, the climate of hysteria produced after the terrorist attacks provided a useful cloak behind which to make inroads into democratic rights and civil liberties within Britain.
The report explains, “In the United Kingdom (UK), the government passed ‘emergency’ legislation which provided for detention of foreign nationals without charge or trial, thereby creating a shadow criminal justice system without the essential safeguards of the formal system. Legislation was passed in the USA allowing for indefinite detention on national security grounds of non-US nationals facing deportation,” Kahn writes.
“The Anti-terrorism, Crime and Security Act 2001 was passed in December after less than a month of parliamentary and public scrutiny. The UK derogated from Article 5(t) of the European Convention on Human Rights and Article 9 of the ICCPR [International Covenant on Civil and Political Rights] in order to allow for indefinite administrative detention. Under the Act, the Secretary of State may order such detention, without charge or trial and without recourse to judicial review, of any non-UK national deemed a ‘suspected international terrorist and national security risk’ on the basis of reasonable suspicion. The evidence would not be subject to public scrutiny or effective challenge. Among other measures, the Act also denies asylum-seekers labelled as ‘terrorist’ the right to have the merits of their claim individually assessed. In December, eight people were detained under the new legislation.” the report says.
In a separate press briefing on anti-terrorism legislation internationally, AI says of the European Union, “The European Commission prepared a proposal for a set of ‘terrorism’ offences that all member states should prohibit. In Amnesty International’s view, some of the proposed offences were excessively broad or too vague and could criminalise peaceful activities. The Commission also proposed an EU arrest warrant and surrender procedures between member states. Aspects of this would infringe human rights guarantees, e.g. not to be extradited to a jurisdiction where the person might face an unfair trial. New measures might prevent people from seeking asylum on the basis that they may be involved in ‘acts of terrorism’ without fully considering their claims in fair and satisfactory procedures.”
Kahn goes on to cite many other examples of countries that have imposed repressive and undemocratic legislation, concluding, “the aftermath of 11 September saw a resurgence in the powers of the military. More and more civilians were detained by the military and tried by military courts. Military forces, as well as unaccountable security and intelligence services, were increasingly involved in public security functions and in intelligence operations targeted at the civilian population.”
The “hypocrisy and selectivity of governments,” while not new, “became even clearer in the drive to build an alliance in the ‘war against terrorism’. Governments remained silent on abuses committed by those they counted or sought as allies. The same governments that denounced the human rights abuse of women by the Taleban government of Afghanistan remained silent about the plight of women in Saudi Arabia. Those who condemned human rights violations in Iraq did not protest against human rights violations by Russian troops in Chechnya, or by the authorities in Uzbekistan against Muslims who peacefully practise their faith outside state controls.”
The AI report draws particular attention to the impact of the war on terrorism upon immigrants and asylum seekers. Kahn states that the “tendency... to portray foreigners, particularly refugees and asylum-seekers, as ‘terrorists’” has led to “a refuelling of the fires of racism... People were attacked in the USA, Canada, western Europe, parts of Asia and Africa, not for what they did but for who they were, simply for being a Muslim or Arab or Asian, or even for looking like a Muslim, Arab or Asian.”
Source: World Socialist Web Site
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