An independent UN human rights expert hailed on Tuesday, the International Criminal Court’s (ICC) decision to consider a formal criminal investigation into allegations of war crimes in Palestine as a “momentous step forward in the quest for accountability” in the five-decade-long Israeli occupation.
“Accountability has, until now, been largely missing in action throughout the 52-year-old occupation,” said Michael Lynk, the Special Rapporteur for the situation of human rights in the Palestinian territory occupied since 1967.
On 20 December, ICC Prosecutor Fatou Bensouda announced that she was “satisfied that there is a reasonable basis to proceed with an investigation into the situation in Palestine”.
Mr. Lynk maintained that although the international community has adopted hundreds of UN resolutions condemning various features of “Israel’s entrenched occupation of the Palestinian territory…rarely has it ever combined criticism with consequences for Israel”.
“Now, the possibility of accountability is finally on the horizon”, the UN expert said.
Ms. Bensouda has spent the past five years reviewing the initial evidence as part of a preliminary investigation in the 2014 war on Gaza, the IsraeIi settlements and, more recently, the killing and wounding of Palestinian demonstrators near the Gaza frontier.
The ICC prosecutor said that before initiating a formal investigation, she would ask for a ruling by the Pre-Trial Chamber to confirm that the territory over which the Court may exercise its jurisdiction comprises the West Bank, including East Jerusalem, and Gaza.
“In a world that proclaims its devotion to human rights and a rules-based international order, it is vital that the international community defend the decision of the ICC Prosecutor to advance her investigation and to seek a favourable ruling from the Pre-Trial Chamber on the issue of territorial jurisdiction,” said the Special Rapporteur.
“International law must be the basis for seeking justice for the victims of war crimes in this interminable conflict, and the international community must resolutely support the laws and the institutions that it has created and nurtured.”
‘Justice delayed is justice denied’
The UN expert noted that the Prosecutor also intended to investigate whether members of Hamas and other Palestinian armed groups had committed war crimes in the period since June 2014.
“If the evidence gathered by the ICC Prosecutor leads her to make findings against these organizations, then her efforts must also be supported,” he continued, adding that the Rome Statute is meant to be applied “dispassionately”, as “the only way to build the necessary political and popular support for its mission.”
Addressing the long-standing concern about how slowly the wheels of justice have turned in this matter, Mr. Lynk urged that the Pre-Trial Chamber present and resolve territorial jurisdiction issue as expeditiously as possible.
“Justice delayed is justice denied”, he spelled out.
“Should the allegations of war crimes then proceed to the formal investigation stage, every effort must be made to advance the work of the Prosecutor’s office in a reasonably speedy manner consistent with legal fairness, so that the many victims of this conflict can realistically hope that justice might yet prevail within their lifetimes”, concluded the UN Special Rapporteur.
Special Rapporteurs and independent experts are appointed by the Geneva-based UN Human Rights Council to examine and report back on a specific human rights theme or a country situation. The positions are honorary and the experts are not UN staff, nor are they paid for their work.
Mr. Lynk was designated in 2016.
Fight against human trafficking must be strengthened in Ethiopia
Throughout Ethiopia’s Tigray, Afar and Amhar regions, women and girls are becoming increasingly vulnerable to abduction and sex trafficking as they flee ongoing armed conflict, a group of UN-appointed independent human rights experts warned on Monday.
The protracted conflict in the three northern regions have heightened risks of trafficking for sexual exploitation as a form of sexual violence in conflict, the experts said in a statement.
“We are alarmed by reports of refugee and internally displaced women and girls in the Tigray, Afar, and Amhara regions being abducted while attempting to move to safer places,” they said.
“We are concerned at the risks of trafficking, in particular for purposes of sexual exploitation, including sexual slavery.”
Women and children in crosshairs
Amidst abductions and displacement, the UN experts raised serious concerns over Eritrean refugee women and children being at particular risk of sex trafficking.
“Urgent action is needed to prevent trafficking, especially for purposes of sexual exploitation, and to ensure assistance and protection of all victims, without discrimination on grounds of race or ethnicity, nationality, disability, age or gender,” they said.
Meanwhile, the hundreds of children who have been separated from their families, especially in the Tigray region, are particularly vulnerable, warned the independent experts.
“The continuing lack of humanitarian access to the region is a major concern,” the experts continued, urging immediate national, bilateral and multilateral measures to prevent all forms of trafficking of children and to ensure their protection.
They added that sufficient measures were not being taken to identify victims of trafficking, or support their recovery in ways that fully takes account of the extreme trauma being suffered.
“The failure to provide accountability for these serious human rights violations and grave crimes creates a climate of impunity, allows trafficking in persons to persist and perpetrators to go free,” underscored the six UN experts.
They urged all relevant stakeholders to ensure that victims of trafficking can adequately access medical assistance, including sexual and reproductive healthcare services and psychological support.
The experts said they had made their concerns known to both the Governments of Ethiopia and neighbouring Eritrea.
35 years of Cultural Routes: Safeguarding European Values, Heritage, and Dialogue
A Europe rich in history, heritage, dialogue and values: the Council of Europe Cultural Routes’ programme celebrates its 35th anniversary, on the occasion of the 11th Advisory Forum in Minoa Palace Hotel, Chania, Crete (Greece) on 5-7 October, with a special event to highlight the relevance of Cultural Routes for the promotion of cultural diversity, intercultural dialogue and sustainable tourism.
The Forum is organised by the Enlarged Partial Agreement on Cultural Routes of the Council of Europe and the European Institute of Cultural Routes, in co-operation with the Hellenic Ministry of Culture and Sports, the Hellenic Ministry of Tourism, the Greek National Tourism Organization, the Region of Crete, the Municipality of Chania, the Chamber of Industry and Commerce of Chania, and the Historic Cafes Route. The 2022 edition will be the opportunity to underline the growing relevance of the Cultural Routes methodology and practices in promoting Europe’s shared cultural heritage while fostering viable local development.
Deputy Secretary General Bjørn Berge will participate in the high-level dialogue, together with Minister of Culture and Sports of Greece Lina Mendoni, Minister of Tourism of Greece Vassilis Kikilias, Parliamentary Assembly (PACE) Vice-President and Chairperson of the Greek Delegation Dora Bakoyannis and Chair of the Statutory Committee of Cultural Routes Ambassador Patrick Engelberg (Luxembourg).
Over three days of workshops and interactive debates, three main general sessions will be explored:
- Promoting European Values and Intercultural Dialogue;
- Safeguarding Heritage in Times of Crisis;
- Fostering Creative Industries, Cultural Tourism, Innovative Technologies for Sustainable Communities.
The Forum will discuss trends and challenges in relation to Cultural Routes, providing a platform for sharing experiences, reviewing progress, analysing professional practices, launching new initiatives and developing partnerships across Europe and beyond. Participants range from managers among the 48 cultural routes to representatives of national ministries, International Organisations, academics, experts and tourism professionals.
Little progress combating systemic racism against people of African descent
More than two years since the murder of George Floyd by a police officer in the United States sparked the global Black Lives Matter movement, there’s been only “piecemeal progress” in addressing systemic racism, the UN human rights office (OHCHR) said on Friday, in a new report.While more people have been made aware of systemic racism and concrete steps have been taken in some countries, the Acting High Commissioner for Human Rights called on States to demonstrate greater political will to accelerate action.
“There have been some initiatives in different countries to address racism, but for the most part they are piecemeal. They fall short of the comprehensive evidence-based approaches needed to dismantle the entrenched structural, institutional and societal racism that has existed for centuries, and continues to inflict deep harm today,” said Nada Al-Nashif, who will present the report to the UN Human Rights Council on Monday.
The report describes international, national and local initiatives that have been taken, towards ending the scourge of racism.
These include an Executive Order from the White House on advancing effective, accountable policing and criminal justice practices in federal law enforcement agencies; an Anti-Racism Data Act in British Columbia, Canada; measures to evaluate ethnic profiling by police in Sweden; and census data collection to self-identify people of African descent in Argentina.
The European Commission has issued guidance on collecting and using data based on racial or ethnic origin; formal apologies issued, memorialization, revisiting public spaces, and research, to assess links to enslavement and colonialism in several countries.
‘Barometer for success’
The report notes that poor outcomes continue for people of African descent in many countries, notably in accessing health and adequate food, education, social protection, and justice – while poverty, enforced disappearance and violence continues.
It highlights “continuing…allegations of discriminatory treatment, unlawful deportations, excessive use of force, and deaths of African migrants and migrants of African descent by law enforcement officials”
“The barometer for success must be positive change in the lived experiences of people of African descent,” continued Ms. Al-Nashif.
“States need to listen to people of African descent, meaningfully involve them and take genuine steps to act upon their concerns.”
Higher death rates
Where available, recent data still points to disproportionately high death rates faced by people of African descent, at the hands of law enforcement, in different countries.
“Families of African descent continued to report the immense challenges, barriers and protracted processes they faced in their pursuit of truth and justice for the deaths of their relatives”, the report says.
It details seven cases of police-related deaths of people of African descent, namely George Floyd and Breonna Taylor (US); Adama Traoré (France); Luana Barbosa dos Reis Santos and João Pedro Matos Pinto (Brazil); Kevin Clarke (UK) and Janner [Hanner] García Palomino (Colombia).
While noting some progress towards accountability in a few of these emblematic cases, “unfortunately, not a single case has yet been brought to a full conclusion, with those families still seeking truth, justice and guarantees of non-repetition, and the prosecution and sanction of all those responsible,” the report says.
Ms. Al-Nashif called on States to “redouble efforts to ensure accountability and redress wherever deaths of Africans and people of African descent have occurred in the context of law enforcement, and take measures to confront legacies that perpetuate and sustain systemic racism”.
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