Posts Tagged ‘Human Rights Watch’

Obama to let CIA use controversial renditions

February 2, 2009

Terror suspects can still be secretly seized and sent to other countries.

LOS ANGELES TIMES | statesman.com
Sunday, February 01, 2009

WASHINGTON — The CIA’s secret prisons and Guantánamo Bay detention center are being shuttered. Harsh interrogation techniques are off-limits.

But, under executive orders issued by President Barack Obama last week, the CIA still has authority to carry out “renditions,” the secret abductions and transfers of prisoners to countries that cooperate with the U.S.

Current and former U.S. intelligence officials said that the rendition program may be poised to play an expanded role going forward because it is the main remaining mechanism — aside from Predator missile strikes — for taking suspected terrorists off the street.

“Obviously you need to preserve some tools. You still have to go after the bad guys,” said an Obama administration official, speaking on condition of anonymity when discussing the legal reasoning. “The legal advisers working on this looked at rendition. It is controversial in some circles. … But if done within certain parameters, it is an acceptable practice.”

The decision to preserve the program didn’t draw major protests, even among some human rights groups.

“Under limited circumstances, there is a legitimate place” for renditions, said Tom Malinowski, the Washington advocacy director for Human Rights Watch.

But Malinowski said he has urged the Obama administration to require that prisoners be transferred to other countries only when there is a guarantee they will get a public hearing in an official court. “Producing a prisoner before a real court is a key safeguard against torture, abuse and disappearance,” Malinowski said.

Iran Shuts Office of Nobel Winner’s Rights Group

December 23, 2008

TEHRAN, Iran – Iranian authorities shut down the office of a human rights group led by Nobel Peace Prize winner Shirin Ebadi on Sunday as the group was preparing to honor a political activist who spent 17 years in prison in the Islamic republic.

[Iranian police have shut down the office of a human rights group headed by Nobel peace laureate Shirin Ebadi, seen here in her office, the deputy head of the Human Rights Defenders Centre, Narges Mohammadi, told AFP. (AFP/File/Atta Kenare)]Iranian police have shut down the office of a human rights group headed by Nobel peace laureate Shirin Ebadi, seen here in her office, the deputy head of the Human Rights Defenders Centre, Narges Mohammadi, told AFP. (AFP/File/Atta Kenare)

Iranian authorities banned Ebadi’s Center for Protecting Human Rights last year, but it had continued to operate from an office in the north of the capital, Tehran.Ebadi said police in uniform and plainclothes security officials raided and sealed the building where her group was working without presenting a warrant. No arrests were reported.

The semiofficial Mehr news agency reported that judiciary officials ordered the center’s closure because it did not have the required legal permits. A judiciary statement said the human rights center had issued statements that created an atmosphere “of media publicity against the establishment in recent years,” Mehr reported.

Ebadi said her group would continue its work despite the raid.

“Shutting down our offices won’t make us stop our human rights activities. We will meet again somewhere else and will continue to support the rights of activists and political prisoners,” she told The Associated Press.

Ebadi said recent reports by her group accusing the Iranian government of human rights violations might have prompted the crackdown. She said U.N. human rights representatives are not allowed to visit Iran but have seen the group’s reports and subsequently condemned what they called gross human rights violations.

In an annual report in May, Ebadi’s group said “freedom of speech and freedom of circulating information have further declined” since hard-line President Mahmoud Ahmadinejad took office in 2005.

Among her group’s work, it has campaigned for judicial reforms such as banning stoning and cutting off limbs as punishments for convicted criminals. It has also campaigned against executions of juvenile offenders.

Ebadi said the building authorities targeted Sunday was bought with money she received after winning the Nobel Peace Prize in 2003.

Ebadi, a lawyer and human rights and democracy campaigner, won the prize for efforts that included promoting the rights of women and children in Iran and worldwide. She is the first Iranian and Muslim woman to win the award.

“We will remain committed to defending the rights of defendants jailed for their political views and beliefs,” she said.

Her group had been planning to present an award Sunday to Taqi Rahmani, who spent a total of 17 years in jail after Iran’s 1979 Islamic revolution. Ebadi said he would be honored later.

Rahmani, 48, spent more than a third of his life in prison on vague charges of seeking to overthrow the ruling Islamic establishment. In 2005, Rahmani received an award from Human Rights Watch in recognition of the 17 years he spent imprisoned for his views.

Besides honoring Rahmani, Ebadi’s group had planned Sunday to mark the 60th anniversary of Human Rights Day.

MIDEAST: Death Penalty in Palestinian Territories Alarms Rights Groups

December 23, 2008

By Mel Frykberg | Inter Press Service

RAMALLAH, West Bank, Dec 23 (IPS) – New York-based Human Rights Watch (HRW) has sent urgent letters to Palestinian leaders in the Gaza Strip and the West Bank, urging them to commute the death sentences of 11 Palestinians currently awaiting execution.

The death-row inmates, including one who was a juvenile at the time of his conviction, were sentenced this year by Palestinian military and state security courts. Two of the inmates received trials that lasted just one day.

Joe Stork, the deputy director of Human Rights Watch’s Middle East division, appealed to Gaza’s Hamas leader, and de facto Prime Minister Ismail Haniyeh, and the West Bank’s Palestinian Authority (PA) President Mahmoud Abbas to urgently review the cases.

Under Palestinian law the penalties have to be either ratified or commuted by the PA president before they can be carried out.

“It’s deeply disturbing that Palestinian courts have resumed issuing death sentences at a time when the rest of world is moving toward abolishing capital punishment,” said Stork.

“President Abbas should make clear that he will commute all of these sentences when they arrive on his desk. Palestinian officials should announce an immediate moratorium on the death penalty and eliminate its use in Palestinian law.”

In separate letters to the Palestinian leaders, HRW also expressed concern about one of the defendants, Sa’id Jameel Zuhod, who was 17 when he together with three adults was found guilty of murdering and raping a child in Gaza in 2003.

In 2004 a Palestinian lower court sentenced Zuhod to life imprisonment on grounds of his youth. However, the Gaza Court of Appeals overturned this in 2005 and sentenced him to death. The sentence was upheld by the Gaza Court of Cassation in October this year.

HRW argued that if Zuhod’s execution goes ahead, the Palestinian territories will join the notorious club of Saudi Arabia, Sudan, Pakistan, Iran and Yemen in being the only governments to have executed juvenile offenders since 2005. Iran is the only country to have executed juveniles since 2007.

International human rights law prohibits the death penalty for all crimes committed by persons under age 18 at the time of the offence. Furthermore, the International Covenant on Civil and Political Rights (ICCPR) puts stringent restrictions on when the death penalty can be used in cases involving adults.

The Palestinian Penal Code allows courts in the West Bank to impose the death penalty for 17 separate offences. In the Gaza Strip, 15 offences are subject to the death penalty.

According to the Gaza-based Palestinian Centre for Human Rights (PHRC), Palestinian law justifying the death sentence is based on the Jordanian Penal Code which applies to the West Bank and the Egyptian Penal Code which applies to Gaza. This followed the two countries’ occupation of the two respective territories following the 1967 Arab-Israeli war.

In addition to these two laws the application of the death penalty was reinforced by the Revolutionary Penal Law of the Palestine Liberation Organisation (PLO) of 1979.

However, the Palestinian Legislative Council (PLC) has not ratified this law, especially as it relates to Palestinians accused of collaborating with Israel.

Many Palestinians who were sentenced to death by Palestinian courts or those who were arbitrarily executed, vigilante-style, by members of the resistance organisations were accused of treason by collaborating with Israeli death squads.

Despite the harsh attitude towards those accused of treason, the Angus Reid Global Monitor carried out a survey several years ago and found two-thirds of Palestinians reject the use of capital punishment.

The last time a Palestinian court sentenced someone to death or carried out an execution was in 2005. From 1994 to 2005 the PA issued 74 death sentences, some of which were commuted.

Israeli rights group B’tselem says that Palestinian military and state security courts, which pass many of the sentences, do not meet international standards of fairness before an independent and impartial court, in addition to violating human rights.

The courts are further accused of carrying out summary trials while the accused are denied access to effective legal counsel.

The late Palestinian President Yasser Arafat issued a presidential decree which established the state security courts without determining their mandates or the nature of the cases to be considered.

In 2001, in an attempt to partially overcome fierce international criticism for the application of the death penalty under its jurisdiction, the PA passed the Penal Procedures Law of 2001.

This enabled a condemned person to appeal the death sentence within 15 days of being sentenced. If this was rejected by the appeal court, the case would be referred to the PA president.

However, this new law didn’t preclude previous state security court death sentences, without the right to appeal, being carried out.

The World Coalition Against the Death Penalty (WCADP) stated that Abbas followed the new law with a decree issued in 2005 requesting all death sentences before the notorious state security courts be re-tried before civilian courts. However, WCADP notes that this decree has not been followed through and that death sentences continue to be declared in “conditions that contravene both international standards and Palestinian national legislation.”

The Palestinian territories do not constitute a sovereign state and neither Palestinian leadership are signatories to international human rights treaties. However, HRW points out that both Hamas and the PA committed themselves to upholding international law in regard to human rights. (END/2008)

Systematic Failure to Protect Unaccompanied Migrant Children in Greece

December 22, 2008

Left to Survive

Some 1,000 unaccompanied migrant children who have entered Greece in 2008 without parents or caregivers struggle to survive without any state assistance, Human Rights Watch said in a new report issued today. Although a member of the European Union, Greece flouts its most basic obligations when it comes to meeting the rights of these children, many of whom come from war-torn countries, including Afghanistan, Somalia, and Iraq, with special protection needs.

This 111-page report documents the plight of the majority of unaccompanied children who have entered Greece and end up in a daily fight for survival.

Israel Deeply Wary of 2009 Anti-Racism Meet

December 20, 2008


By Wolfgang Kerler | Inter Press Service


UNITED NATIONS, Dec 19 (IPS) – At their anti-racism conference in Geneva next April, United Nations member states may find themselves — once again — in a heated dispute over how to properly address the Israel-Palestinian conflict in the context of racism, xenophobia and racial discrimination.

Meant to assess and accelerate progress on the implementation of anti-racism measures adopted at the somewhat infamous 2001 World Conference against Racism (WCAR) in Durban, South Africa, the Durban Review Conference will now have to deal with renewed resentments among U.N. member states.

The Asian countries reminded all parties of what had happened seven years ago: In their contribution to a still to be discussed draft declaration for the review conference, they called Israel’s policies towards Palestinians “a new kind of apartheid, a crime against humanity, [and] a form of genocide.”

Back in 2001, even a groundbreaking apology for slavery and colonialism by the developed world was not enough to save WCAR from being seen as a failure by many critics. Events at the forum of non-governmental organisations (NGOs) taking place parallel to the governmental negotiations had just been too tumultuous.

A number of NGOs — presumably backed by Iran and other Muslim countries — put through a final NGO declaration that condemned Israel with words similar to those now used by the Asian region: “apartheid”, “ethnic cleansings”, and “acts of genocide”. Clearly anti-Semitic cartoons and books were circulated at the forum — accompanied by statements that were equally anti-Semitic. To express their protest, Israel and the United States left WCAR.

Nevertheless, in early 2007, after the U.N. General Assembly had decided to hold a follow-up conference, Israel announced that it will take part in the Apr. 20-24, 2009 “Durban II” — as it is sometimes referred to — as long as there was no similar anti-Israel atmosphere. On Nov. 19, shortly after the release of the statements by the Asian region, Israel decided to withdraw from Durban II.

“It was perfectly predictable — and preventable,” Hillel Neuer, executive director of U.N. Watch, a Geneva-based watchdog affiliated with the American Jewish Committee, told IPS. “There is no country in the world that would want to willingly subject itself to a kangaroo court where it is demonised and delegitimised,” he added.

However, Navanethem Pillay, U.N. High Commissioner for Human Rights and appointed secretary-general of Durban II, told the press that “the ambassador of Israel came to see me to say if the objectionable language is remedied, they will continue to participate.”

She stressed that “we are a long way from coming up with the draft outcome document for the Review Conference” and urged that all countries participate, asking: “How can you influence the outcome document unless you are there?”

In April, a group of 94 NGOs — including Human Rights First and the American United Nations Association, for example — released a statement on the core principles for Durban II, pledging to “reject hatred and incitement in all its forms, including anti-Semitism, to learn from the shortcomings of the 2001 WCAR.”

Human Rights Watch (HRW), an international human rights advocate, also published a position paper on the Durban Review Conference. It called on participants to avoid “a repeat of the conduct that so marred the 2001 conference” — especially the singling out of Israel as the focal point of hostility.

HRW “does not seek to exempt Israel from criticism of its human rights record”, but is rejecting “hyperbolic accusations that cannot be factually supported or singling out one government to the exclusion of other comparable offenders,” the paper said.

For example, human rights violations and discriminatory policies are reported across the world, including in Libya and Iran — which have been elected to chair and vice-chair the preparatory committee of the Durban Review Conference, respectively.

Worried that the single focus on the question of anti-Semitism might further flaw the legacy of WCAR — or “Durban I” — Ibrahim Wani, chief of the Research and Right to Development Division of the Office of the High Commissioner for Human Rights (OHCR), told IPS: “[While] there is no question about the highly insensitive displays and statements at the [2001] NGO-Forum, it is important to distinguish this forum from the inter-governmental process.”

“There is no allegation anywhere that the governmental meeting itself witnessed a display of anti-Semitism,” he stressed.

Wani, who is involved with the preparations for Durban II, added that “at the end of the day [the U.N. member states] were able to reach compromise on some key issues — the Israel-Palestinian question, the issue of reparations and apology for slavery and colonialism, or the issue of migration.” No offensive language could be found in the outcome document.

With the mechanism put in place within the U.N. system, the commitments the member states agreed on, and the framework of actions it provides to address racism, Wani called the “Durban Declaration and Programme of Action” (DDPA) “a significant step forward in historical terms.”

Another historic event that occurred immediately after conference doors closed in Durban might cause dissent at Durban II — the 9/11 terrorist attacks and the Western counter-terrorism policies that followed.

Mourning the rise in Islamophobia since 2001, Muslim countries are pushing to include language regarding “defamation of religion” — especially of Islam — in the Durban II outcome document. Western countries oppose such claims, assuming that some states may want to excuse their own human rights violations — especially concerning freedom of speech – as “defamation of Islam”.

Uzbekistan: Imprisoned Activists’ Health in Danger

December 18, 2008

These activists should never have been imprisoned in the first place. That several of them are now suffering severe health problems as a result is an outrage, and only underscores the urgency of securing their immediate and unconditional release.

Igor Vorontsov, Uzbekistan researcher at Human Rights Watch

A UN review set for today of Uzbekistan’s human rights practices is a crucial opportunity to highlight concern about its abysmal human rights record and press for immediate steps to end abuses, Human Rights Watch said today.

Uzbekistan is coming up for scrutiny before the United Nations’ global rights body, the Human Rights Council, under its Universal Periodic Review (UPR) procedure in Geneva.

Of urgent concern is the plight of imprisoned human rights defenders – currently numbering at least 11 – and other independent political and civic activists whom the Uzbek government has detained on politically motivated grounds. According to recent reports received by Human Rights Watch, a number of these activists are suffering severe health problems as a result of poor conditions and ill-treatment in Uzbekistan’s notoriously abusive prison system.

“These activists should never have been imprisoned in the first place,” said Igor Vorontsov, Uzbekistan researcher at Human Rights Watch. “That several of them are now suffering severe health problems as a result is an outrage, and only underscores the urgency of securing their immediate and unconditional release.”

A new list of imprisoned human rights defenders and activists in Uzbekistan published by Human Rights Watch today gives up-to-date case summaries, detailing the circumstances of each individual’s wrongful detention and highlighting details of the severe health problems faced by a number of them. Among those whose health condition demands immediate attention are Yusuf Jumaev, Alisher Karamatov, Jamshid Karimov, Norboi Kholjigitov, Rasul Khudainasarov, and Sanjar Umarov. In some of these cases, authorities have not only failed to provide adequate medical care, but have actively undermined their health through torture, ill-treatment and the use of psychotropic drugs.

Human Rights Watch urged UN member states taking part in the Uzbekistan review to use the opportunity to send a strong, unequivocal message to Tashkent about the unacceptable state of human rights in the country and about the necessity of concrete and meaningful rights improvements.

Key areas of concern highlighted by Human Rights Watch in its submission to the UPR included the 2005 massacre by government forces in Andijan, in which hundreds were killed and for which the Uzbek government continues to deny justice; the ongoing persecution of human rights defenders and repression of independent civil society activism; torture and ill-treatment in the criminal justice system, which Uzbek authorities have failed to take effective action to address; repression of media freedoms, and; religious persecution targeting in particular Muslims who practice their faith outside state controls or who belong to unregistered religious organizations.

Human Rights Watch also called on the Uzbek government to engage positively and effectively in the human rights review process and to take seriously all recommendations made.

“Improving the dismal human rights situation in Uzbekistan will take more than a rhetorical commitment or yet another seminar,” said Vorontsov. “The Uzbek government should demonstrate real political will by immediately releasing wrongfully detained human rights activists and issuing invitations to all UN rights monitors who have requested access.”

Specific recommendations that Human Rights Watch urged the UN Human Rights Council to address to the Uzbek government included the following:

  • Ensure accountability for the Andijan massacre and cease harassment and other abuses of returned refugees and families of refugees who remain abroad;
  • Immediately and unconditionally release all wrongfully imprisoned human rights defenders, journalists, members of the political opposition and other activists held on politically motivated charges;
  • End the crackdown on civil society and allow domestic and international human rights groups to operate without government interference;
  • Take meaningful measures to end torture and the accompanying culture of impunity, including by complying in full with the recommendations of the United Nations special rapporteur on torture and Committee Against Torture;
  • Cease harassment of journalists and allow domestic and international media outlets, including those that have been forced to stop operating in Uzbekistan, to register and grant accreditation to international journalists;
  • End religious persecution, including by decriminalizing peaceful religious activity; and,
  • Allow unfettered access for independent monitors, including UN special rapporteurs who have been unable to visit due to the government’s refusal to issue the required invitations.
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Cluster Bomb Treaty and the World’s Unfinished Business

December 14, 2008
The Palestine Chronicle, Dec 12, 2008
Deminers scour farmland in the village of Zawtar West in south Lebanon. (IRIN)
By Ramzy Baroud

The United States, Russia and China are sending a terrible message to the rest of the world by refusing to take part in the historic signing of a treaty that bans the production and use of cluster bombs. In a world that is plagued by war, military occupation and terrorism, the involvement of the great military powers in signing and ratifying the agreement would have signaled – if even symbolically – the willingness of these countries to spare civilians’ unjustifiable deaths and the lasting scars of war.

Nonetheless, the incessant activism of many conscientious individuals and organizations came to fruition on December 3-4 when ninety-three countries signed a treaty in Oslo, Norway that bans the weapon, which has killed and maimed many thousands of civilians.

The accord was negotiated in May, and should go into effect in six months, once it is ratified by 30 countries. There is little doubt that the treaty will be ratified; in fact, many are eager to be a member of the elite group of 30. Unfortunately, albeit unsurprisingly, the US, Russia, China, Israel, India and Pakistan – a group that includes the biggest makers and users of the weapon – neither attended the Ireland negotiations, nor did they show any interest in signing the agreement.

The US argues that cluster bombs are a legitimate weapon, essential to repel the advancing columns of enemy troops. If such a claim carried an iota of legitimacy, then the weapon’s use should have ended with the end of conventional wars in the mid twentieth century. However, cluster bombs are still heavily utilized in wars fought in or around civilian areas.

Most countries that have signed the accords are not involved in any active military conflict and are not in any way benefiting from the lucrative cluster munition industry. The hope, however is that once a majority of countries, including the Holy See, sign the agreement, the use of the lethal weapon will be greatly stigmatized.

The treaty was the outcome of intensive campaigning by the Cluster Munition Coalition (CMC), a group of non-governmental organizations. CMC is determined to carry on with its campaigning to bring more signatories to the fold.

But without the involvement of the major producers and active users of the weapon, the Oslo ceremony will remain largely symbolic. However, there is nothing symbolic about the pain and bitter losses experienced by the cluster bombs’ many victims. According to the group Handicap International, one-third of cluster-bomb victims are children. Equally alarming, 98 percent of the weapon’s overall victims are civilians. The group estimates that about 100,000 people have been maimed or killed by cluster bombs around the world since 1965.

It certainly is unconscionable that countries who have the chutzpa to impose themselves as the guardians of human rights are the same who rebuff such initiatives and insist on their right to utilize such a killing tool. Unlike conventional weapons, cluster bomblets survive for many years, luring little children with their attractive looks. Children have often mistaken them for candy or toys.

Steve Goose, the arms director of Human Rights Watch described the countries that refused to sign as standing “on the wrong side of history. Some of them are clinging to what is now a widely discredited weapon.”

Continued >>

Reports detail Congo atrocities

November 26, 2008

Government soldiers and rebels fighting in the eastern part of the Democratic Republic of the Congo have both committed serious human rights abuses, according to the United Nations secretary general.

A report presented by Ban Ki-moon to the UN security council documents atrocities perpetrated against the displaced civilian population of the vast region. Up to 250,000 people have been forced to flee their homes in the past few months.

The details of mass killings and rapes emerged as Human Rights Watch released a separate report estimating that as many as 500 political opponents of President Joseph Kabila’s government had been murdered since 2006 elsewhere in Congo. It described the human rights situation in the central African state as “a cause for grave concern” despite a current lull in fighting.

The UN report, which covers conditions between July and November, said elements of the Congolese army and national police were responsible for violations including arbitrary killings, rape and torture.

Rebels – including those loyal to Laurent Nkunda’s National Congress for the Defence of the People and Rwandan Hutu fighters – are accused in the report of “perpetrating serious human rights abuses with impunity”. Among the Hutu fighters are said to be some who participated in Rwanda’s 1994 genocide.

RIGHTS: Domestic Workers Often Prisoners in a Gilded Cage

November 25, 2008

By Zainab Mineeia | Inter Press Service

WASHINGTON, Nov 24 (IPS) – On the eve of the International Day for the Elimination of Violence Against Women, a New York-based human rights watchdog group called on the governments of the world to protect domestic workers.

In its statement Monday, Human Rights Watch (HRW) said migrant and domestic workers continue to face abuse, particularly in Middle Eastern and Asian countries, because authorities have lagged in adopting the measures needed to protect them.

Only small numbers of domestic workers have access to the justice system in the countries they work in. Those who can gain access and provide physical evidence of rape or abuse rarely get justice, HRW said.

“There are countless cases of employers threatening, humiliating, beating, raping, and sometimes killing domestic workers,” said Nisha Varia, deputy director of the women’s rights division of HRW. “Governments need to punish abusive employers through the justice system, and prevent violence by reforming labour and immigration policies that leave these workers at their employers’ mercy.”

A large number of female domestic workers are from Indonesia, Sri Lanka, the Philippines and Nepal, and most work in Saudi Arabia, Kuwait, the United Arab Emirates and other countries throughout the Middle East. These countries exclude their domestic workers from the legal shelter of labour laws, leaving them little recourse against exploitative work conditions.

The workers are also at more risk of abuse because of the restrictive immigration-sponsorship policies that link their visas to their employers. The employer can control the worker’s immigration status and the ability to switch jobs, or the worker’s ability to return home. Many employers take advantage of the authority that they have to imprison workers in the house, withhold pay, or mistreat them in a variety of ways.

Officials in these countries receive thousands of complaints from domestic workers each year. Most involve unpaid wages, food deprivation, long working hours and lack of rest. A significant number also allege verbal, physical, and sexual abuse.

Many of these cases are never officially reported due to domestic workers’ confinement in private homes, lack of information about their rights, and employers’ ability to deport them before they can seek help.

A small number of law enforcement authorities have started to prosecute and punish abusive employers, albeit by varying degrees. In Singapore this year, many employers were convicted of beating domestic workers, receiving sentences ranging from three weeks to 16 years in prison.

In Malaysia this month, a man was sentenced to 32 years in prison for raping a domestic worker. His wife received six years for abetting the crime.

However, many criminal justice systems continue to expose abused domestic workers to further victimisation and give them no — or severely delayed — redress, said HRW.

In May, a Riyadh court dropped charges against a Saudi employer who abused Nour Miyati, an Indonesian domestic worker, ignoring both the employer’s confession and compelling physical evidence.

Nour Miyati suffered daily beatings and was abused so badly that her toes and fingers were amputated after developing gangrene. During the three years of legal proceedings, she remained stuck in an overcrowded embassy shelter unable to work or return to her family in Indonesia. At one point, she also was sentenced 79 lashes for changing her testimony, though the sentence was later reversed. On Thursday, a Malaysian judge is to announce the verdict in the four-year case against Yim Pek Ha, the employer of Indonesian domestic worker Nirmala Bonat. In 2004, images of Bonat’s badly burned and injured body shocked Malaysians. Bonat also had to stay in an overcrowded embassy shelter for years without being allowed to work and had to defend herself from charges of inflicting the abuse herself. “2008 marked a year of missed opportunities,” Varia said. “While most governments have started to think about some level of reform, many of these discussions have stalled. Providing comprehensive support services to victims of violence, prosecuting abusers, and providing civil remedies are reforms that just can’t wait.” HRW recommends that governments abolish or reform immigration-sponsorship policies so that domestic workers’ visas are no longer tied to their employer; develop protocols and train law enforcement officials on how to respond to domestic workers’ complaints appropriately, and how to investigate and collect evidence in such cases; and prosecute perpetrators of psychological, physical, and sexual violence. The statement was released ahead of the International Day for the Elimination of Violence Against Women, on Tuesday, which was decreed by a U.N. General Assembly resolution in 1999.

Nov. 25 is the 48th anniversary of the brutal rapes and murders of the three Maribal sisters in the Dominican Republic by order of Dominican dictator Rafael Trujillo. The date has been marked by women’s activists since 1981 as a day against violence.

Activists Seek Executive Order Banning Torture

November 20, 2008

NEW YORK – Shutting down the infamous detention centre at Guantanamo Bay is just one of a series of measures to reform U.S. counterterrorism practices being urged by the watchdog organisation Human Rights Watch (HRW).

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In a report released Sunday, the New York-based HRW urged President-elect Barack Obama to quickly repudiate the abusive policies put in place by the George W. Bush administration in its “global war on terror”.”The Obama administration is going to have a difficult task to restore America’s standing in the world,” Joanne Mariner, terrorism and counterterrorism programme director at HRW, told IPS. “The Bush administration’s counterterrorism policies deeply damaged the reputation of the United States.”

HRW’s 11-step action plan — entitled “Fighting Terrorism Fairly and Effectively: Recommendations for President-elect Obama” — suggests how the U.S. could again become a credible leader in the fight for the global implementation of human rights.

“But it depends on how dramatically the Obama administration makes a clear break with the past,” Mariner added.

According to HRW, some 250 terrorist suspects are still being held as “enemy combatants” at the military detention centre at Guantanamo Bay opened in 2002. Most of the detainees have now been in custody for nearly seven years, without charge.

As president, Obama should close the detention facility — a step he has already pledged to take — and establish a task force to review all the detainees’ cases to determine whether they should be charged and brought to trial or released.

Also among the 11 steps is the abolition of military commissions to try suspected foreign terrorists. HRW argues that these commissions lack “basic fair trial guarantees” and that federal criminal courts were the “best-equipped” and “time tested” venues to handle terrorism cases.

Similarly, plans to legalise the indefinite preventive detention of suspected terrorists – based on “predictions of future dangerousness” — should be rejected by Obama, HRW says.

Justifying detention without charge by classifying people as “enemy combatants” in the “war on terror”, as has happened to suspects arrested in locations like Bosnia, Thailand and along the U.S.-Mexico border, should also be stopped.

HRW also condemned the use of torture and inhumane interrogation techniques by U.S. armed forces and intelligence agencies — “including stripping detainees naked, subjecting them to extremes of heat, cold, and noise, and depriving them of sleep for long periods”.

To ban these practices, which have led to the deaths of some detainees, Obama should quickly issue an executive order and repudiate legal memos issued by the Bush Justice Department and presidential directives under the outgoing administration that permit torture and other abuses.

HRW called on the new administration to redress victims of abusive counterterrorism policies — something which has not happened so far as the victims have effectively been shut out of U.S. courts.

Above all, past abuses should be investigated, documented and publicly reported by a non-partisan commission with subpoena power, and former government officials who were responsible for some of the crimes should not be given immunity from prosecution, the group said.

Last week, Rep. Rush Holt, a Democrat from New Jersey who chairs an intelligence oversight panel, issued a statement saying that “while an executive order [to ban torture] will not remove the need for legislation on the issue,” if Obama did so, it would “begin to restore our moral leadership on the issue”.

Holt also expressed support for the National Religious Campaign Against Torture (NRCAT), a coalition of religious groups from all over the country that is lobbying to eliminate the use of torture as a part of U.S. policy.

On Nov. 12, NRCAT held a nationwide action day with more than 50 delegations of religious leaders holding meetings with members of Congress. Thirty religious groups participated in a demonstration in front of the White House, where President Bush is spending his final days in office.

While she agreed on the need to fight terrorism, Mariner of HRW rejected many of the measures taken after the 9/11 terror attacks, emphasising that “the Bush administration entirely disregarded even basic principles of the rule of law.”

“The government addressed terrorism in an extremely counterproductive way,” Mariner said.

Instead of diminishing the terrorist threat, reports of human rights violations at Guantanamo Bay, Abu Ghraib prison in Iraq and elsewhere fuelled the recruitment of supporters for militant groups, which argued the U.S. was in fact leading a “war on Islam”.

Asked whether she believes Obama will heed the recommendations of HRW, Mariner stressed that by voting against the Military Commissions Act of 2006 to authorise trials by military courts, “Obama has already stood up against these abuses.”

The president-elect also explicitly pledged to close Guantanamo during his campaign.

“So we are confident that consistent with his message of change, his actions and his criticism, he is going to repudiate the abusive counterterrorism policies of the Bush administration,” Mariner said.