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.
World Bank-UNICEF: 1 in 6 children lives in extreme poverty
An estimated 1 in 6 children – or 356 million globally – lived in extreme poverty before the pandemic, and this is set to worsen significantly, according to a new World Bank Group-UNICEF analysis released today.
Global Estimate of Children in Monetary Poverty: An Update notes that Sub-Saharan Africa – with limited social safety nets – accounts for two-thirds of children living in households that struggle to survive on an average of $1.90 a day or less per person – the international measure for extreme poverty. South Asia accounts for nearly a fifth of these children.
The analysis shows that the number of children living in extreme poverty decreased moderately by 29 million between 2013 and 2017. However, UNICEF and the World Bank Group warn that any progress made in recent years is concerningly slow-paced, unequally distributed, and at risk due to the economic impact of the COVID-19 pandemic.
“1 in 6 children living in extreme poverty is 1 in 6 children struggling to survive,” said Sanjay Wijesekera, UNICEF Director of Programmes. “These numbers alone should shock anyone. And the scale and depth of what we know about the financial hardships brought on by the pandemic are only set to make matters far worse. Governments urgently need a children’s recovery plan to prevent countless more children and their families from reaching levels of poverty unseen for many, many years.”
Although children make up around a third of the global population, around half of the extreme poor are children. Children are more than twice as likely to be extremely poor as adults (17.5 percent of children vs. 7.9 percent of adults). The youngest children are the worst off – nearly 20 percent of all children below the age of 5 in the developing world live in extremely poor households.
“The fact that one in six children were living in extreme poverty and that 50% of the global extreme poor were children even prior to the COVID-19 pandemic is of grave concern to us all,” said Carolina Sánchez-Páramo, Global Director of Poverty and Equity for the World Bank. “Extreme poverty deprives hundreds of millions of children of the opportunity to reach their potential, in terms of physical and cognitive development, and threatens their ability to get good jobs in adulthood. In the wake of the massive economic disruption caused by the pandemic, it is more crucial than ever that governments support poor households with children now and rebuild their human capital during the recovery.”
Extreme poverty among children has not fallen as much as it has for adults; a larger share of the global poor were children in 2017, compared with that in 2013. All regions of the world experienced varying levels of decline in extreme poverty among children, apart from Sub-Saharan Africa, which saw a 64 million increase in the absolute number of children struggling to survive on $1.90 a day, from 170 million in 2013 to 234 million in 2017.
Child poverty is more prevalent in fragile and conflict-affected countries, where more than 40 percent of children live in extremely poor households, compared to nearly 15 percent of children in other countries, the analysis says. The analysis also notes that more than 70 percent of children in extreme poverty live in a household where the head of the house works in agriculture.
The ongoing COVID-19 crisis will continue to disproportionately impact children, women and girls, threatening to reverse hard-won gains towards gender equality. Social protection measures have a crucial role to play to mitigate coping mechanisms by the poor and vulnerable in both the immediate COVID-19 response as well as the longer-term recovery.
World Bank and UNICEF data suggest that most countries have responded to the crisis by expanding social protection programs, particularly cash transfers. Cash transfers provide a platform for longer-term investments in human capital. Particularly when combined with other child development measures and coupled with high-quality social service provision, cash transfers have been shown to address both monetary and multidimensional poverty and improve children’s health, nutrition, cognitive and non-cognitive outcomes.
However, many of the responses are short-term and not adequate to respond to the size and expected long-term nature of the recovery. It is more important than ever for governments to scale up and adjust their social protection systems and programs to prepare for future shocks. This includes innovations for financial sustainability, strengthening legal and institutional frameworks, protecting human capital, expanding child and family benefits for the long term as well as investing in family-friendly policies, such as paid parental leave and quality child care for all.
Cindy Sirinya Bishop new UN Women Regional Goodwill Ambassador for Asia Pacific
Thai celebrity and rights activist Cindy Sirinya Bishop is working to stop violence and other abuses against women as the newly appointed UN Women Regional Goodwill Ambassador for Asia and the Pacific.
Bishop, 41, is a model and actress who is best known as the host of Asia’s Next Top Model, a television show broadcast in most countries in the region.
During her 2-year appointment, which began in September, Bishop is representing UN Women to promote gender equality and other UN Women priority goals, raise funds and build partnerships. She is promoting public awareness through education, dialogue and cooperation with schools, communities and governments.
“It is truly an honour to become the first UN Women Goodwill Ambassador to Asia and the Pacific,” Bishop said. “My mother instilled in me very early on a strong sense of justice and fierce belief in the resilience and strength of women, and these values continue to guide me today. I am so deeply grateful for the opportunity to work towards achieving greater gender equality in the region, especially in the areas of eliminating gender-based violence and in providing equal opportunity for girls and women to realize their full potential.”
Bishop is one of Thailand’s leading campaigners on ending violence against women.
In early 2018, she came across a newspaper headline about Thai authorities telling women to not look “sexy” if they want to avoid sexual assault during the Thai new year festival. Having experienced violence herself at the festival, Bishop spoke out in a social media video hashtagged #DontTellMeHowtoDress. #DontTellMeHowtoDress quickly evolved into a movement championing gender equality and has been extensively covered by local and international media.
In July 2018, Bishop collaborated with UN Women to organize the Social Power Exhibition Against Sexual Assault. The exhibition was supported by United Nations agencies; the governments of Thailand, the Philippines and Singapore; the Association of Southeast Asian Nations; embassies; the media; and civil society and youth groups. Bishop worked with civil society organizations in the Philippines and Singapore on #DontTellMeHowToDress.
In November 2018, Bishop received the “Activist of the Year Award” from the office of the Prime Minister of Thailand.
Bishop also is the Knowledge Director of Dragonfly360, a regional platform that advocates for gender equality in Asia. She is writing a series of children’s books on safety, rights and respectful relationships.
“Your strong commitment to ending violence against women, demonstrated through your creation of the #DontTellMeHowtoDress movement and your work with UN Women so far, has shown you to be a compelling and eloquent advocate,” UN Women Regional Director Mohammad Naciri said in inviting Bishop to be UN Women regional goodwill ambassador.
UN Women is the United Nations organization dedicated speeding up progress on gender equality and the empowerment of women worldwide.
Misuse of terrorism laws during conflict creates ‘unmitigated calamity’
The misuse of terrorism laws during conflict situations often leads to an “unmitigated calamity” on the ground, an independent UN expert has warned.
Fionnuala Ní Aoláin, UN Special Rapporteur on the promotion and protection of human rights while countering terrorism, told the General Assembly on Thursday that what are being billed by some governments as counter-terrorism measures, are being applied frequently to address domestic strife and in complex humanitarian settings.
In these cases, they can have a catastrophic impact on civilian populations, she said, which are being “squeezed by broadly framed terrorism laws and practices with little or no recourse, when misuse occurs”.
Protecting rights, enforcing norms
The independent expert identified a “profoundly” worrying pattern whereby some States are ignoring or undermining humanitarian rules because counter-terrorism “offers a more open-ended, under-regulated and opaque set of tools”, to manage complex problems.
Her report tracks the essential relationship between protecting the human rights of the most vulnerable – including the elderly and children – in complex and fragile settings and enforcing basic humanitarian norms, including providing humanitarian assistance.
“I am profoundly troubled by the failure to apply humanitarian exemptions for activities that are humanitarian and impartial in nature”, said Ms. Ní Aoláin.
“Such short-sighted tactics of withholding or criminalizing humanitarian assistance only prolongs conflicts, alienates those who are needed to ultimately resolve such conflicts, and hurts the most marginal in society”.
In her report, the Special Rapporteur acknowledged the Security Council’s “persistent and unequivocal affirmation” that counter-terrorism measures must “always and fully” comply with the overarching norms of international human rights law, international humanitarian law and refugee law.
She called on States to review existing sanctions systems to make sure that they are rule of law-compliant and provide “meaningful opportunity to challenge, review and end sanctions practices for affected individuals and their families”.
The UN envoy also applauded the work of impartial humanitarian actors, who carry out their duties in extreme conditions and under significant stress to protect the vulnerable.
“The challenge now for States is to acknowledge and protect these actors effectively”, she spelled out.
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