HUMAN RIGHTS WATCH WEEKLY REVIEW
IN THIS ISSUE:
IRAQ
* Danger of ethnic violence in Kirkuk
Persian Gulf: Unexploded cluster bombs pose a danger
Iraqi Kurdistan: A Potential Humanitarian Catastrophe
Hitting a TV center could be illegal
Turkey: Avoid Past Mistakes in Northern Iraq * CIS
* Uzbekistan: New Strategy of the European Bank for Reconstruction and Development
Ukraine: Unofficial Political Censorship *
IN THE WORLD
* NATO: Focus on arms smuggling
UN: Violations of human rights in the fight against international terrorism
Egypt: Dispersal of anti-war demonstrations
Serbia: Human rights under state of emergency Details
Ukraine: BARGAINING IS APPROPRIATE (new HRW report) * Soon
Human Rights Watch Film Festival in Geneva * In the area of special attention
* 59th session of the UN Commission on Human Rights
Chechnya *
NEWS OF THE WEEK IRAQ
The danger of inter-ethnic violence in Kirkuk
In preparing to take the city of Kirkuk in northern Iraq, US forces must take care to prevent the outbreak of inter-ethnic violence, says Human Rights Watch. The human rights organization warns of the possibility of mass revenge killings, retaliatory expulsions and other manifestations of violence as tens of thousands of people forced to become displaced against their will return to their homes. The oil-bearing region around Kirkuk, which is now under the control of Iraqi forces, has been subjected to American missile and bomb attacks for several days. After the landing of American paratroopers in Iraqi Kurdistan, it can be assumed that the forces of the anti-Iraqi coalition will soon enter the city.
“Kirkuk is a time bomb,” says Hania Mufti, an expert at Human Rights Watch. “Unless a plan for a phased and orderly return of displaced people is developed soon, and if such a plan does not work before the start of a ground offensive, then Kirkuk has every chance of being gripped by inter-ethnic violence".
Since the 1991 Gulf War, Iraqi authorities have systematically driven out some 120,000 Kurds, Turkmens and Assyrians from their homes in Kirkuk and other communities in the oil-rich region. Most of them settled in Iraqi Kurdistan, and the Iraqi authorities settled their homes with Arab families as part of the "Arabization" policy aimed at reducing political influence and reducing the number of ethnic minorities.
International humanitarian law obliges the forces of the anti-Iraqi coalition to restore and maintain public order and security in the occupied territories from the moment effective control is established. To do this, they need to allocate sufficient forces, which should ensure the security, protection of all persons not participating in hostilities, and prevent acts of reprisals or revenge.
For more on Kirkuk's "Arabization" policy, see Human Rights Watch report (March 2003, in English)
Persian Gulf: The Threat of US Unexploded Cluster Bombs The unexploded cluster munitions used by the allies during the 1991 Gulf War still pose a threat.
According to documents from the Kuwaiti Ministry of Defense, 2,400 unexploded cluster bombs were found and destroyed in Kuwait in 2002 and the same number last year. "The use of cluster bombs in Iraq will pose a threat to civilians in the future," said Mark Hizney, an expert at Human Rights Watch. "These bombs also threaten the soldiers of the anti-Iraq coalition during the fighting."
The 1991 Gulf War left behind millions of unexploded ordnance, each of which acts like an anti-personnel mine. During the fighting, unexploded cluster bombs resulted in the deaths of at least eighty American soldiers. Since the war, more than 4,000 civilians have been killed or injured by cluster bombs.
Given these dire consequences, the opposing sides in the current conflict, including the United States and Britain, must take steps to avoid the civilian casualties that cluster bombs cause.
See also:
Human Rights Watch on the use of cluster bombs in Iraq (in English)
More about cluster bombs (in English)
Protecting POWs in Iraq US and Iraq must refrain from unjustified display of POWs
The deliberate display of prisoners of war in the media by both the Iraqi and American sides is contrary to the Geneva Conventions, says Human Rights Watch.
The third Geneva Convention (on the treatment of prisoners of war) of August 12, 1949 obliges the detaining power to protect prisoners from excessive publicity. This, of course, does not mean a complete ban on any display of prisoners: in particular, the accidental inclusion of prisoners in the frame when journalists film military operations does not contradict the Convention. Article 13 of the Third Geneva Convention states: "Prisoners of war must always be treated humanely ... Prisoners of war must likewise always be protected, in particular against all acts of violence and intimidation, against insults and the curiosity of the crowd. Reprisals against them are prohibited."
The main principle here is respect for the personality and honor of the prisoners of war, who are required to disclose only their name, rank, personal number and date of birth. It appears that the provision to protect the prisoners from "the curiosity of the crowd" is being violated by both the Iraqi and American sides. Iraqi authorities film prisoners of war, interrogating them on camera. The US authorities are not taking sufficient measures to protect Iraqi prisoners from journalists accredited to the anti-Iraqi coalition forces.
Earlier, the US administration has already been criticized , including from Human Rights Watch, in connection with certain aspects of the treatment of prisoners captured in Afghanistan . This primarily referred to the uncertainty of their status and to the use of "special methods of pressure", which, under international law, can be equated with torture. The Iraqi side's treatment of US prisoners during the previous Gulf War gives serious reason to fear for their fate in the current conflict as well. Human Rights Watch is calling on all warring parties to end this practice and ensure that the laws of war as enshrined in the Geneva Convention are respected.
Iraqi Kurdistan: A Potential Humanitarian Catastrophe The Kurdish government and international humanitarian organizations are completely unprepared for the fact that thousands or even tens of thousands of Iraqis could be in Iraqi Kurdistan at any moment. The measures that were taken to prevent a possible disaster are inadequate, and the situation worsened after the departure of the UN and most of the employees of international organizations, leaving only a group of local employees and no effective infrastructure at the scene.
Shortly before the start of the war, several thousand Iraqis crossed into Kurdish-controlled territory, fleeing the central government. At the same time, hundreds of thousands of civilians fled their homes in the major cities of Kurdistan due to fear of the use of chemical weapons by the Iraqi army. These new refugees join the 800,000 in the north who have already fled their homes due to previous conflicts and ethnically motivated forced displacement from oil-rich regions.
The Kurdish authorities in Arbil province are unable to cope with the influx of people who have fled their homes. These authorities are unable to provide them with the necessary housing, food, medical care and hygiene items. An increase in the influx of Iraqi citizens into Kurdistan or further movements within the Kurdish region will lead to a humanitarian catastrophe.
UN: Special meeting on Iraq The UN Commission on Human Rights opened its annual meeting in Geneva this week. The Commission, a major human rights forum, has previously hosted ad hoc debates on crises in the former Yugoslavia, Rwanda, Chechnya, East Timor, Israel and the occupied territories.
In a letter to the head of the Commission, Human Rights Watch insists that the Commission hold a special meeting dedicated to monitoring the human rights situation during the Iraq conflict, bearing in mind the horrendous consequences that the war will have on civilians. "The Human Rights Commission must act immediately to protect human rights during and after the war," said Joanna Weschler, Human Rights Watch's UN spokesperson. "The Commission must begin monitoring inside Iraq as soon as conditions permit."
Full text of the letter (in English)
Iraq: Attack on TV center may be illegal The US command in Qatar reported that on March 26, anti-Iraqi coalition forces attacked the Baghdad television center in order to suppress Iraqi "controls".
International humanitarian law (laws and customs of war) prohibits strikes on civilian television and radio stations if their main goal is psychological pressure on the civilian population. Stopping propaganda may indeed demoralize Iraqis and undermine their support for the regime, but none of this provides a "concrete and direct military advantage" - the only basis international law allows for turning civilian broadcasts into legitimate military targets.
Civilian television and radio stations become legitimate military targets only if their use makes "an effective contribution to military action" and their destruction "gives a clear military advantage under the circumstances at the time." In its press release , Human Rights Watch pointed out that in this case, military leaders should constantly check whether the risk of civilian casualties outweighs the military benefits.
Turkey: Avoiding Past Mistakes in Northern Iraq The current conflict in Iraq is fraught with a repeat of the grave violations committed earlier by Turkey in the region. Fifteen years of conflict in southeastern Turkey included arbitrary arrests, torture, extrajudicial executions, illegal deportations and the destruction of private property. Although the conflict with the Kurdistan Workers' Party (PKK) essentially ended with the PKK's unilateral ceasefire in 1999, Turkey did not take sufficient measures to punish those responsible for the violence, and lawbreakers were not fired from the security forces.
"During the war with the Kurds in southeastern Turkey, there was violence against civilians by Turkey," said Elizabeth Andersen, executive director for Europe and Central Asia at Human Rights Watch. "Precautions must be taken now to prevent Turkish troops from committing new violations during operations in northern Iraq".
In a letter to Turkish Prime Minister Recep Tayyip Erdogan, Human Rights Watch calls on the Turkish government to take all necessary measures to prevent such violations. It is especially recommended not to send troops, separate units or army-related groups responsible for violations in southeastern Turkey to Northern Iraq, and to allow observers into the region to ensure the transparency of all operations.
Full text of the letter to the Turkish Prime Minister (in English)
ALL HUMAN RIGHTS WATCH DOCUMENTS ON THE IRAQ WAR:
CISUzbekistan: new strategy of the European Bank for Reconstruction and Development
In the new Uzbekistan Strategy, the EBRD acknowledges that the country's progress on democracy and human rights remains "slow" and "accompanied by setbacks." It refers to "systematic violations of freedom of religion, expression, association and assembly", as well as "arbitrary arrest and torture of detainees in order to extract confessions or incriminating statements". It is also noted that the increased attention of part of the international community to Central Asia after September 11 was "for this country a good opportunity to accelerate political and economic reforms", which the Uzbek government did not take advantage of in due measure. The document concludes that "Uzbekistan needs to take a number of critical steps to put the country on a path of sustainable progress" and establishes specific criteria that the government must ensure: ensuring greater political openness and freedom of the media; registration and unhindered activities of independent non-governmental groups.
The EBRD has made it clear that it will closely monitor progress throughout the year and made it clear that "if there is no progress in these areas, the scale of new investment in Uzbekistan during the strategy period will be limited to both the private and public sectors."
"The bank has made it clear that it expects reforms in exchange for its involvement," said Elizabeth Andersen, executive director for Europe and Central Asia at Human Rights Watch. "Now the ball is in Karimov's favor, and the international community is watching his next moves closely."
Other publications about Uzbekistan
Ukraine: Unofficial Political CensorshipThe Ukrainian presidential administration flagrantly violates freedom of speech through precise instructions to television companies on how to cover certain news. Read the " Details " section.
IN THE WORLD NATO: Focus on arms smuggling
While the foreign ministers of the seven countries about to join NATO - Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia and Slovenia - plan to sign an accession protocol on March 26, the problem of uncontrolled arms trade between the countries of Central, Eastern Europe and conflict zones in Africa, as well as other regions. According to a Human Rights Watch study, NATO candidates supplied conventional weapons to belligerents who in turn committed serious human rights violations.
“NATO needs to set a clear standard on the arms trade and help countries meet it,” says Lisa Misol, an arms trade expert at Human Rights Watch. “Countries should not become members of the alliance until they bring the arms trade up to that standard.” ". She added that many NATO countries themselves need to improve their behavior in this area.
UN: Violations of human rights in the fight against international terrorism Since September 11, many human rights organizations have expressed concern about the dangerous impact that anti-terrorism measures can have on human rights and civil liberties. In its latest report, Human Rights Watch called on the United Nations to appoint a high-profile expert to monitor the impact of anti-terrorism measures on human rights. In this report, published under the auspices of the UN Commission on Human Rights, Human Rights Watch pointed to violations committed around the world in the name of the international fight against terrorism. The report contains descriptions of similar cases in China, Egypt, Georgia, Indonesia, Russia, Spain, the UK, the US and Uzbekistan. The report uncovers systematic violations of due process rights, far-reaching restrictions on civil liberties, crackdowns on international political movements, allegations of torture, increased control of refugees and migrants, and arbitrary arrests. The activities of the Special Representative may include drawing political attention to the issue, monitoring violations in various countries and providing appropriate recommendations to governments, international and regional authorities. In addition, he could submit operational protests to these authorities about such violations. "Human rights violations will only feed terrorism, not defeat it," said a spokesman for Human Rights Watch. "We need to stop governments using the fight against terrorism as a pretext for repression."
Full text of the report (in English)
Egypt: Crackdown on anti-war demonstrations Hundreds of anti-war activists and demonstrators have been arrested in Cairo and are being brutally treated by the police. Law enforcement forces wounded more than a hundred people, using water cannons, clubs, dogs and even stones against the demonstrators. The police arrested leaders of movements protesting against the war in Iraq and Israeli actions in the occupied territories, journalists, professors, students and even bystanders, including fifteen-year-old teenagers. Some of the detainees heard how someone was being tortured with electricity in neighboring cells.
"The crackdown that many feared has begun," says Hanni Megalli, executive director of the Middle East and North Africa chapter of Human Rights Watch. "Fundamental freedoms are now in grave danger in Egypt." Two months ago, everything began with isolated arrests of demonstrators and activists, and now it has grown into a comprehensive persecution of dissidents, Megalli believes. He called on the Egyptian authorities to immediately investigate credible reports of disproportionate use of force, including the beating of demonstrators and torturing detainees, and to charge or release those arrested.
Serbia: State of emergency is no excuse for violating fundamental rightsAfter the assassination of Prime Minister Zoran Djindjic on March 12, Serbia declared a state of emergency. The authorities have not yet captured the perpetrators, but have already detained more than a thousand people, using the powers that the state of emergency provides.
Under the state of emergency law, the police can detain anyone who "poses a threat to the safety of other residents of the republic" for up to 30 days without access to a lawyer, family members and without the right to a court opinion on an arrest warrant. In a letter to incumbent Prime Minister Zoran Zivkovic, Human Rights Watch asks the Serbian government to carefully justify every event under the state of emergency.
The solitary confinement of persons detained without a court order is of particular concern, especially in the context of the repeated mistreatment of detainees by the police over the past two years, as well as the statement by the Serbian Minister of the Interior that the police will "eliminate anyone who resists" her attempts to investigate the murder of Djindjic.
Human Rights Watch is also calling on the Serbian authorities to lift the ban on media coverage of the reasons for the state of emergency. "It's hard to see how coverage of the social and political circumstances leading up to the March 12 murder and the state of emergency can interfere with an investigation," said Elisabeth Andersen, Europe and Central Asia executive director at Human Rights Watch.
Full text of the letter to the Serbian Prime Minister (in English)
DETAILS Ukraine: BARGAINING IS APPROPRIATE
Unofficial state censorship on Ukrainian television (Human Rights Watch report)
A new way to curtail freedom of speech in Ukraine was the clear instructions from the administration of the President of Ukraine to television channels on how to cover certain news.
The report by Human Rights Watch documents a Jesuit form of unofficial censorship - closed directives from the presidential administration to the leadership of national television channels and some newspapers. Known as "temniki" (from "topics"), these directives provide guidance on what topics should be covered in the news and in what manner. Editors-in-chief are forced to follow the instructions of the "temniks" when developing an editorial policy, which becomes the basis of the daily work of journalists.
"Millions of Ukrainian viewers can't get important information about political, economic and social events," says Elisabeth Andersen, Human Rights Watch's executive director for Europe and Central Asia.
In the conditions of the failure of reforms and stagnation in the economy, the media and individual journalists are forced to find themselves "under the roof" of large financial and political groups that use them to promote their own interests. This is especially evident in the situation with the main TV channels. Of the six Ukrainian national channels, one is state-owned, two belong to the leaders of the SDPU (u) and are under the influence of the head of the presidential administration, three receive significant funds from the son-in-law of Leonid Kuchma.
Freedom of the press in Ukraine is threatened not only by informal censorship and financial dependence. The "disappearance" and murder of opposition journalist Georgiy Gongadze in September 2000 sparked international and domestic protest. The Gongadze case and other similar cases remain unsolved. Kuchma and some other well-known politicians have been linked to Gongadze's murder based on tapes in which the president allegedly asks his subordinates to "deal with" the journalist.
Human Rights Watch chronicled these and other attacks on freedom of speech in Ukraine in its latest 48-page report, Bargaining Is Appropriate: Unofficial State Censorship on Ukrainian Television .
SOON Geneva Film Festival
From March 28 to April 3, the first International Human Rights Film Festival will be held in Geneva. The festival was founded by a joint committee of Human Rights Watch, the International Organization against Torture, the International Committee of the Red Cross and the Faculties of Law and Medicine of the University of Geneva. Up to 10 films per day will be shown at the festival, after some of them there will be a discussion with the film director.
Full information and program of the festival:
IN THE ZONE OF SPECIAL ATTENTION59th session of the UN Commission on Human Rights
The UN Commission on Human Rights, which meets every year in Geneva from mid-March to the end of April, is the most important annual forum dedicated to human rights issues. Representatives of thirty-three states discuss and decide on various issues of human rights: these are civil and political rights; economic, social and cultural rights, including the right to development; rights of women, children and displaced persons. In addition, the Commission studies human rights violations in various countries and considers selected topics related to the protection of human rights. If the human rights situation in a particular country appears to be difficult, the Commission may adopt a condemning resolution and/or appoint an independent investigator, a so-called "special rapporteur", to investigate and report on violations. They submit their reports, recommendations and results of investigations to the Commission and publish them in the open press.
This year should be decisive for the Commission. The poor human rights situation in many of the countries that have joined the Commission and disrupted its meetings has compromised its effectiveness. A particularly striking example is the choice of Libya as the chair country of the forum. Human Rights Watch was one of the first to call for a reform and strengthening of the Commission, including the introduction of a certain qualification for membership in it.
Human Rights Watch report on Chechnya prepared for the 59th session of the UN Commission on Human Rights (in English)
Other documents prepared for the 59th session of the UN Commission on Human Rights (in English)
Chechnya Representatives of Human Rights Watch recently returned from a week-long trip to the region, where they collected information about the latest developments in Chechnya and the life of refugees. The results will be published in a special report.
Interview with Anna Neistat following the trip
All Human Rights Watch materials on Chechnya (in Russian)