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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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Human Rights

Migrants left stranded and without assistance by COVID-19 lockdowns

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At least 30,000 migrants are stranded at borders in West Africa according to the UN. IOM/Monica Chiriac

Travel restrictions during the COVID pandemic have been particularly hard on refugees and migrants who move out of necessity, stranding millions from home, the UN migration agency, IOM, said on Thursday. 

According to the International Organization for Migration (IOM), the first year of the pandemic saw more than 111,000 travel restrictions and border closures around the world at their peak in December.  

These measures “have thwarted many people’s ability to pursue migration as a tool to escape conflict, economic collapse, environmental disaster and other crises”, IOM maintained. 

In mid-July, nearly three million people were stranded, sometimes without access to consular assistance, nor the means to meet their basic needs.  

In Panama, the UN agency said that thousands were cut off in the jungle while attempting to travel north to the United States; in Lebanon, migrant workers were affected significantly by the August 2020 explosion in Beirut and the subsequent surge of COVID-19 cases. 

Business as usual 

Border closures also prevented displaced people from seeking refuge, IOM maintained, but not business travellers, who “have continued to move fairly freely”, including through agreed ‘green lanes’, such as the one between Singapore and Malaysia.  

By contrast, those who moved out of necessity – such as migrant workers and refugees – have had to absorb expensive quarantine and self-isolation costs, IOM said, noting that in the first half of 2020, asylum applications fell by one-third, compared to the same period a year earlier.  

Unequal restrictions 

As the COVID crisis continues, this distinction between those who can move and those who cannot, will likely become even more pronounced, IOM said, “between those with the resources and opportunities to move freely, and those whose movement is severely restricted by COVID-19-related or pre-existing travel and visa restrictions and limited resources”. 

This inequality is even more likely if travel is allowed for anyone who has been vaccinated or tested negative for COVID-19, or for those with access to digital health records – an impossibility for many migrants. 

Health risks 

Frontier lockdowns also reduced options for those living in overcrowded camps with high coronavirus infection rates in Bangladesh and Greece, IOM’s report indicated.  

In South America, meanwhile, many displaced Venezuelans in Colombia, Peru, Chile, Ecuador and Brazil, lost their livelihoods and some have sought to return home – including by enlisting the services of smugglers. 

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Human Rights

Clashes in Myanmar displace thousands

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As of the start of 2021, about one million people are in need of humanitarian aid and protection in Myanmar. Pictured here, an IDP camp in Myanmar’s Kachin province. (file photo) UNICEF/Minzayar Oo

Clashes between the Myanmar security forces and regional armed groups, which have involved military airstrikes, have reportedly claimed the lives of at least 17 civilians in several parts of the country, the UN Office for Coordination of Humanitarian Affairs (OCHA) said on Wednesday. 

In a humanitarian update, issued on Tuesday, the Office also noted unconfirmed reports of several thousand people fleeing the hostilities in recent days in the Kayin and Bago regions, in central Myanmar, near Yangon. A medical clinic is also reported to have been damaged in gunfire in a township in Mon state, also in the central part of the country. 

An estimated 7,100 civilians are now internally displaced in the two regions due to indiscriminative attacks by the Myanmar Armed Forces (MAF), and the Karen National Union (KNU), as well as growing insecurity since December 2020, according to the update. 

UNHCR [the UN refugee agency] is engaging with partners on the ground to explore possibilities to deliver critical humanitarian assistance and support to the displaced. A further 3,848 people in Kayin State have crossed the border to Thailand since 27 March, due to fears of further hostilities in the area”, OCHA said. 

The majority are believed to have returned to Myanmar with Thai authorities saying that 1,167  remain in Thailand as of 1 April, the Office added. 

‘Deep concern’ over continued impact of the crisis 

Meanwhile, the wider political crisis across Myanmar continues to hit life hard across the southeast Asian nation. 

The UN human rights office (OHCHR) has received credible reports of at least 568 women, children and men, have been killed since the military coup on 1 February, though there are fears that total is likely much higher. 

Concerns have also been raised over the impact on Myanmar’s health and education systems, as well as the long-term effects of the violence on children

The longer the current situation of widespread violence continuous, the more it will contribute to a continuous state of distress and toxic stress for children, which can have a lifelong impact on their mental and physical health, senior UN officials warned last week. 

Since 1 February, there have been at least 28 attacks against hospitals and health personnel and seven attacks against schools and school personnel, UN spokesperson Stéphane Dujarric told reporters at a press briefing at the UN Headquarters, in New York, on Tuesday. 

“Attacks against health volunteers and against ambulances are preventing life-saving help from reaching civilians wounded by security forces,” he added. 

UN agencies have also reported reported sharp increases in food and fuel prices in many parts of Myanmar, on the back of supply chain and market disruptions. Humanitarians worry that if the price trends continue, they will “severely undermine” the ability of the poorest and most vulnerable to put enough food on the family table.

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Guterres: Use COVID-19 recovery to make inclusion ‘a reality’

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Building a more inclusive and accessible world that recognizes the contributions of all people, including persons with disabilities must be a “key goal” as countries work to recover from COVID-19 pandemic, United Nations Secretary-General said on Friday, commemorating World Autism Awareness Day. 

“The crisis has created new obstacles and challenges. But efforts to reignite the global economy offer an opportunity to reimagine the workplace to make diversity, inclusion and equity a reality”, Secretary-General António Guterres said

“Recovery is also a chance to rethink our systems of education and training to ensure that persons with autism are afforded opportunities for realizing their potential”, he added. 

Breaking ‘old habits’ crucial 

Mr. Guterres also emphasized that breaking old habits will be crucial. For persons with autism, he added, access to decent work on an equal basis requires creating an enabling environment, along with reasonable accommodations. 

“To truly leave no one behind in pursuit of the 2030 Agenda on Sustainable Development, we must realize the rights of all persons with disabilities, including persons with autism, ensuring their full participation in social, cultural and economic life”, he said. 

“Let us work together with all persons with disabilities and their representative organizations to find innovative solutions to recover better and build a better world for all.” 

Inequalities worsened by COVID-19

According to the UN World Health Organization (WHO), one in 160 children has an autism spectrum disorder (ASD). ASD begins in childhood and tends to persist into adolescence and adulthood. 

Intervention during early childhood is important to promote the optimal development and well-being of persons with an ASD, WHO added, emphasizing the importance of monitoring of child development as part of routine maternal and child health care. 

While some individuals with ASD are able to live independently, others have severe disabilities and require life-long care and support. Persons with an ASD are also often subject to stigma and discrimination, including unjust deprivation of health care, education, protection under law, and opportunities to engage and participate in their communities.

The World Day

The World Autism Awareness Day, to be commemorated annually on 2 April, was established in December 2007 by the UN General Assembly, which affirmed that “ensuring and promoting the full realization of all human rights and fundamental freedoms for all persons with disabilities is critical to achieving internationally agreed development goals”. 

The General Assembly also highlighted the importance of early diagnosis and appropriate research and interventions for the growth and development of the individual, and called for efforts to raise awareness throughout society, including at the family level, regarding children with autism. 

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