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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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Human Rights

UN: Paraguay violated indigenous rights

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An indigenous community in Paraguay wait to receive their COVID-19 vaccination. WHO/PAHO

Paraguay’s failure to prevent the toxic contamination of indigenous people’s traditional lands by commercial farming violates their rights and their sense of “home”, the UN Human Rights Committee said in a landmark ruling on Wednesday. 

The Committee, which is made up of 18 independent experts from across the world, monitors countries’ adherence to the International Covenant on Civil and Political Rights.  

Lands represent ‘home’ 

The decision on Paraguay (in Spanish) marked the first time it has affirmed that for indigenous people, “home” should be understood in the context of their special relationship with their territories, including their livestock, crops and way of life.  

“For indigenous peoples, their lands represent their home, culture and community. Serious environmental damages have severe impacts on indigenous people’s family life, tradition, identity and even lead to the disappearance of their community. It dramatically harms the existence of the culture of the group as a whole,” said Committee member Hélène Tigroudja. 

The decision stems from a complaint filed more than a decade ago on behalf of some 201 Ava Guarani people of the Campo Agua’e indigenous community, located in Curuguaty district in eastern Paraguay. 

The area where they live is surrounded by large commercial farms which produce genetically modified soybeans through fumigation, a process which involves the use of banned pesticides. 

Traditional life affected 

Fumigation occurred continuously for more than 10 years and affected the indigenous community’s whole way of life, including killing livestock, contaminating waterways and harming people’s health. 

The damage also had severe intangible repercussions, according to the UN committee.  The disappearance of natural resources needed for hunting, fishing and foraging resulted in the loss of traditional knowledge.  For example, ceremonial baptisms no longer take place as necessary materials no longer exist. 

“By halting such ceremonies, children are denied a rite crucial to strengthening their cultural identity,” the Committee said.  “Most alarmingly, the indigenous community structure is being eroded and disintegrated as families are forced to leave their land.” 

Toxic exposure 

The indigenous community brought the case to the Human Rights Committee after a lengthy and unsatisfactory administrative and judicial process in Paraguay’s courts. 

“More than 12 years after the victims filed their criminal complaint regarding the fumigation with toxic agrochemicals, to which they have continued to be exposed throughout this period, the investigations have not progressed in any meaningful way and the State party has not justified the delay,” the Committee said in its decision. 

Recommendations, reparations 

Members found Paraguay did not adequately monitor the fumigation and failed to prevent contamination, adding “this failure in its duty to provide protection made it possible for the large-scale, illegal fumigation to continue for many years, destroying all components of the indigenous people’s family life and home.”  

The Committee recommended that Paraguay complete the criminal and administrative proceedings against all parties responsible and make full reparation to the victims. 

The authorities are also urged to take all necessary measures, in close consultation with the indigenous community, to repair the environmental damage, and to work to prevent similar violations from occurring in the future. 

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Girlpower from Tajikistan to Costa Rica, helps narrow gender gap online

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The UN says, globally, 17 percent more men and boys have access to the internet compared to women and girls. ITU/R. Farrell

A marked global gender gap in terms of internet use continues to grow, but from Syria to Costa Rica, girls are increasingly pushing back to try and narrow the gap. 

The gender gap for online users has widened from 11 per cent in 2013 to 17 per cent in 2019, and in the world’s least developed countries, it reaches 43 per cent.

This year, to mark International Day of the Girl Child, taking place on Monday, the UN is showing how the pandemic has accelerated the use of digital platforms, but also highlighting girls’ different realities when it comes to getting online.

Below, you can read stories from across the UN, featuring how five girls, from five different countries, are using technology to build a better future. 

‘Our responsibility’ 

In his message for the day, the UN Secretary-General noted that these girls and all the others “are part of a digital generation.” 

“It is our responsibility to join with them in all their diversity, amplify their power and solutions as digital change-makers, and address the obstacles they face in the digital space”, he said.

The path to girls’ digital equality is steep. In more than two thirds of all countries, girls make up only 15 per cent of graduates in science, technology, engineering and maths, known by the acronym, STEM. 

In middle and higher-income countries, only 14 per cent of girls who were top performers in science or mathematics expected to work in science and engineering, compared to 26 per cent of top-performing boys. 

“Girls have equal ability and immense potential in these fields, and when we empower them, everyone benefits,” Mr. Guterres said.  

He recalled seeing this long before he began his political career, when he was a teacher in Lisbon, Portugal, and “witnessed the power of education to uplift individuals and communities.” 

“That experience has guided my vision for gender equality in education ever since”, he explained. “Investments in closing the digital gender divide yield huge dividends for all.” 

Tied to this, the UN has a new platform, called Generation Equality Action Coalition on Technology and Innovation, where governments, civil society, the private sector and young leaders, are coming together to support girls’ digital access, skills and creativity.  

“The United Nations is committed to working with girls so that this generation, whoever they are and whatever their circumstances, can fulfil their potential”, Mr. Guterres assured. 

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Yemen’s future recovery hangs in balance

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An eighteen-month -baby, who has lost an eye due to disease, is treated at a hospital in Sana’a, Yemen. © UNICEF/Areej Alghabri

Ongoing conflict and violence across Yemen continue to impact heavily on the country’s people who desperately need the fighting to end, so that they can rebuild their lives, the UN’s senior humanitarian official in the country said on Monday. 

“I’ve seen the destruction of schools, of factories, of roads and bridges; I’ve seen the destruction of power systems so what made Yemen work seven years ago in many cases no longer exists”, said David Gressly, UN Resident and Humanitarian Coordinator in Yemen.  

Speaking in Geneva after a weekend that saw a car bomb at Aden airport reportedly leave 25 people dead and 110 injured, the veteran aid worker warned about arecent escalation of fighting in the oil-rich northern province of Marib.  

Fighting cuts access 

“This is now adding to additional displacement in that area, a place where we already have over a million people displaced”, he said. “And secondly, we have enclaves where fighting is continuing where we’re not able to provide support”. 

Longstanding concerns over potential famine in the country prompted a UN-led appeal for $3.6 billion in funding in March that has raised nearly $2.1 billion to date.  

An additional $500-$600 million was also pledged during the recent UN General Assembly, Mr. Gressly added, noting that although the international response has been higher than for other emergencies, “it’s been particularly focused – and we understand why – on the food security and nutrition side, for most immediate lifesaving response”. 

Fragile 

This has left the situation inside Yemen “very fragile and if that’s not sustained, if we’re not getting the new pledges on time…in 2022, we will revert back to where we were in March”, Mr. Gressly insisted. 

He explained that people needed more than emergency care: “Health, education, water, access and support to IDPs (internally displaced people) and livelihood support; those are almost all funded below 20 per cent, and so while the lifesaving is important, we can’t, we cannot afford to ignore the rest”. 

Civil service need support 

Critical to Yemen’s recovery is support for the country’s civil servants, many of whom have not been paid in many months, amid conflict between the internationally backed government of Abd Rabbo Mansour Hadi and Houthi opposition forces, who occupy much of the north of the country.  

Mr. Gressly stressed the importance of finding ways to support these civil servants as they are key to the country’s recovery – and the UN’s aid programmes. Without them, “the whole humanitarian response” risks becoming more expensive”, he said. 

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