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World Bank Helps Host Communities, Rohingya in Bangladesh

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The government of Bangladesh today signed two financing agreements totaling $200 million with the World Bank to improve the forest cover in the country’s coastal, hill and central districts, including Cox’s Bazar, and help Bangladesh provide education to Rohingya children and youth who have fled violence in Myanmar.

The $175 million Sustainable Forests & Livelihoods Project will plant trees in about 79,000 hectares of forest through a collaborative forest management system. The proportion to land under forests is only 11 percent in Bangladesh which is significantly lower than the Asian average of 26 percent. By increasing forest cover, the project will help the country become more climate resilient. It will also help about 40,000 poor, local households earn more money through alternative income generation activities.

The sudden influx of over 725,000 Rohingya to Cox’s Bazar caused the loss of nearly 13,000 hectares of forest. The project will restore trees in 19,925 hectares of land in Cox’s Bazar. It will also help the host communities through income generation activities, improving availability of wood for fuel in a sustainable way and reducing human-wild elephant conflict, which has increased due to loss of habitat.

Despite its own challenges, Bangladesh generously provided shelter to about a million Rohingya refugees. The local people, many of whom are poor, welcomed the displaced Rohingya and shared food and resources. But the needs of both the Rohingya and the host community are huge,” said Qimiao Fan, World Bank Country Director Bangladesh, Bhutan, and Nepal. “This financing will help the government improve resilience and livelihoods of the host community as well as address the learning and psycho-social needs of Rohingya children and adolescents.”

The $25 million Additional Financing to the existing Reaching Out of School Children Project II (ROSC II), also signed today, will help about 350,000 Rohingya children and adolescents get basic education in learning centers. The grant will help recruit and train about 2,000 teachers and instructors. More than half of the teachers will be female, who will be trained to help girls manage safety concerns and if needed, guide them to safe locations. The preparation of text books and learning materials will adhere to the government’s Learning Competency Framework.

The existing project is also being extended for two years, which will bring poor children from the host community in the area back to school in Cox’s Bazar, which has the lowest net education enrollment rate in the country. The project extension will provide training to more than 17,000 local adolescents and help them with job placement. Since January 2018, the project has provided training, employment and enterprise development support to about 8,000 local adolescents who have dropped out from school.

Both agreements were signed by Monowar Ahmed, Secretary, Economic Relations Division, Government of Bangladesh, and Qimiao Fan on behalf of the government and the World Bank, respectively, at the Economic Relations Division.

The credit to the Sustainable Forests & Livelihoods Project from the World Bank’s International Development Association has a 30-year term, including a five-year grace period.

Of the $25 million financing to the ROSC II project, the World Bank will provide $21 million as a grant through the IDA18 Regional Sub-window for Refugees and Host Communities and the Government of Canada will provide a $4 million grant.

The World Bank was among the first development partners to support Bangladesh following its independence. The World Bank has since committed more than $30 billion in grants and interest-free credits to the country. Bangladesh currently has the largest IDA program totaling $11.7 billion.

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Human Rights

US pardons for accused war criminals, contrary to international law

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A presidential pardon for two United States soldiers accused of war crimes, and a sentence reduction for a third, “run against the letter and the spirit of international law which requires accountability for such violations”, the United Nations human rights wing said on Tuesday.

“While pardons exist in international law, and can properly address issues of injustice or unfairness”, Rupert Colville, Spokesperson for the UN High Commissioner for Human Rights (OHCHR), told reporters at a regular press briefing in Geneva that these cases showed no circumstances to suggest anything other than “simply voiding the otherwise proper process of law in the cases”.

“These pardons send a disturbing signal to military forces all around the world”, he added.

The accused

According to news reports, Lieutenant Clint Lorance was tried and convicted for ordering the shooting of Afghanistan civilians in 2013 and handed down a 20-year prison sentence. Last Friday, he was given a full pardon.

Major Mathew Golsteyn was charged with executing an unarmed Afghan man who was a suspected Taliban bombmaker in 2010. He was scheduled to be tried in February.

And Chief Petty Officer Edward Gallagher was charged with murdering a captive in Iraq. He was acquitted but received a demotion for posing with the corpse for a photograph. President Trump on Friday vowed to restore his rank.

“These three cases involve serious violations of international humanitarian law, both proven and alleged, including the shooting of a group of civilians and execution of a captured member of an armed group”, said Mr. Colville.

Some US news outlets applauded President Donald Trump’s reprieves, while others saw them as a sign of disregard for the decisions of military juries as well as for the judicial process itself.

“International Humanitarian Law establishes the obligation to investigate violations and prosecute war crimes”, reminded Mr. Colville.

He pointed out that by investigating the allegations, and initiating and completing criminal proceedings, the US military justice system had been in compliance with international law. 

Underscoring that “victims of gross human rights violations and serious violations of international humanitarian law have the right to a remedy”, Mr. Colville maintained that the pardon terminating further criminal proceedings in the case of Major Mathew Golsteyn, was “particularly troubling”.

He elaborated that remedies include equal and effective access to justice, the right to the truth, and to see perpetrators serve punishments proportionate to the seriousness of their conduct, “rather than see them absolved of responsibility”. 

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ICC gives greenlight for probe into violent crimes against Rohingya

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Judges of the International Criminal Court (ICC) on Thursday authorized an investigation into alleged crimes against humanity, namely deportation, which have forced between 600,000 and one million Rohingya refugees out of Myanmar, into neighboring Bangladesh since 2016.  

The pre-trial judges “accepted that there exists a reasonable basis to believe widespread and/or systematic acts of violence may have been committed that could qualify as crimes against humanity of deportation across the Myanmar-Bangladesh border” the Court said in a press statement, in addition to “persecution on grounds of ethnicity and/or religion against the Rohingya population.” 

After a reported military-led crackdown, widespread killings, rape and village burnings, nearly three-quarters of a million Rohingya fled Myanmar’s Rakhine state in August 2017 to settle in crowded refugee camps in neighboring Bangladesh. 

This is the second strike against the alleged crimes this week, as the tribunal’s decision follows a Monday submission by Gambia to the UN’s principal judicial organ, the International Court of Justice (ICJ), accusing Myanmar of “mass murder, rape, and genocidal acts” which violate its obligations under the Genocide Convention, in addition to destruction of villages, arbitrary detention, and torture.  

As a member to the Genocide prevention treaty, Gambia “refused to stay silent”, and as a member of the Organisation of Islamic Cooperation (OIC), the small African nation has taken legal action to assist the persecuted majority-Muslim Rohingya, with support by other Muslim countries.  

In July, the ICC’s top Prosecutor, Fatou Bensouda, requested an investigation be open into the alleged crimes committed since October of 2016, concerning Myanmar and Bangladesh.  

At that time, her Office’s preliminary examination found “a reasonable basis” to believe that at least 700,00 Rohingya were deported from Myanmar to Bangladesh “through a range of coercive acts causing suffering and serious injury.” 

Under the Rome Statute that created the ICC, which highlights crimes against humanity as one of its four crucial international crimes, the top Prosecutor concluded sufficient legal conditions had been met to open an investigation.  

While Myanmar is not a State party to the treaty, Bangladesh ratified the Statute in 2010, meaning authorization to investigate does not extend to all crimes potentially committed in Myanmar, but will focus on violations committed in part on Bangladeshi territory, the ICC said in July.  

‘Only justice and accountability’ can stop the violence 

Judges forming the pre-trial chamber, Judge Olga Herrera Carbuccia, Judge Robert Fremr, and Judge Geofreey Henderson received views on this request by or on behalf of hundreds of thousands of alleged victims.  

According to the ICC Registry, victims insist they want an investigation by the Court, and many “believe that only justice and accountability can ensure that the perceived circle of violence and abuse comes to an end.” 

“Noting the scale of the alleged crimes and the number of victims allegedly involved, the Chamber considered that the situation clearly reaches the gravity threshold,” the Court said.    

The pre-trial Chamber in addition authorized the commencement of the investigation in relation to any crime, including future crime, so long as it is within the jurisdiction of the Court, and is allegedly committed at least in part in the Rome Statute State Party, Bangladesh, or any other territory accepting the jurisdiction.  

The alleged crime must also be sufficiently linked to the present situation, and must have been committed on or after the date of the Statute’s entry into force for Bangladesh or the relevant State Party.  

Judges from the ICC have given the greenlight for prosecutors to commence collection of necessary evidence, which could result in the judge’s issuance of summonses to appear in court or warrants of arrest. Parties to the Statute have a legal obligation to cooperate fully with the ICC, nonmembers invited to cooperate may decide to do so voluntarily. 

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UNICEF reports uneven progress in 30 years of child rights treaty

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Although the world has made historic gains over the past three decades in improving children’s lives, urgent action is required if the poorest children are to feel the impact, a new UN report published on Monday warns.

The study by the UN Children’s Fund (UNICEF) calls on countries to recommit to promises made under the Convention on the Rights of the Child, adopted 30 years ago.

Henrietta Fore, UNICEF Executive Director, noted that while increasing numbers of children are living longer, better and healthier lives, the odds continue to be stacked against the poorest and most vulnerable.

“In addition to the persistent challenges of health, nutrition and education, children today have to contend with new threats like climate change, online abuse and cyberbullying,” she said.

“Only with innovation, new technologies, political will and increased resources will we help translate the vision of the Convention on the Rights of the Child into a reality for all children everywhere.”

Uneven progress, emerging threats

The Convention on the Rights of the Child is the most widely and rapidly adopted international treaty in history, and has been ratified by more than 190 countries.

It acknowledges childhood, which lasts through age 18, as a special time in which children must be allowed to grow, learn, play, develop and flourish with dignity. 

UNICEF reported that since its adoption, the global rate for under-five mortality has dropped by around 60 per cent, while the proportion of undernourished children has almost halved.

The Convention has also influenced numerous constitutions, laws and policies that reflect its guiding principles, which include non-discrimination, the right to protection and acting in the best interests of the child.

However, the report shows that progress has not been even.

UNICEF said the world’s children continue to confront age-old threats while new hazards loom over their future.

The poorest children are still likely to die from preventable causes before reaching their fifth birthday. Millions of the most disadvantaged are still at risk due to poverty, discrimination and marginalization. At the same time, cases of the childhood killer measles are on the rise as immunization coverage rates have slowed down since 2010.

Progress in education also is dismal. The report reveals that the number of primary level children out of school has remained static for more than a decade.

“Many of those who are in school are not learning the basics, let alone the skills they need to thrive in today’s economy,” UNICEF added.

In recent years, young people have been speaking up and calling for action to address climate change. UNICEF said they are the ones most at-risk.

“Rapid changes in climate are spreading disease, increasing the intensity and frequency of extreme weather events, and creating food and water insecurity. Unless urgent action is taken, the worst for many children is yet to come,” the UN agency warned.

Inclusive dialogue planned

UNICEF believes that where there is political will and determination, children’s lives improve, as documented by the report, which has been released ahead of World Children’s Day on 20 November.

The study calls for more data and evidence to accelerate progress and advance child rights, alongside recommendations such as involving young people in creating solutions.

UNICEF will use the coming 12 months to promote an inclusive global dialogue aimed at making the promise of the convention a reality for all children.

As Ms. Fore, the UNICEF chief, stated: “The Convention stands at a crossroads between its illustrious past and its future potential. It is up to us to recommit, take decisive steps and hold ourselves accountable.”

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