Impunity Watch: North America

Canadian Jewish Congress Presents Human Rights Award Amid Community Opposition to the Organization

By Sovereign Hager

Impunity Watch Reporter, North America

TORONTO, Canada - The Canadian Jewish Congress' 90th Assembly will meet today to discuss policy issues such as human rights, Darfur, hate, security and anti-semitism.  Speakers include four of Canada's five major party leaders and Israel's Vice Prime Minister, Silvan Shalom. The headlining event will be the Saul Hayes Human Rights Award, which will be presented to Prime Minister Stephen Harper. 

CANADIAN PRIME MINISTER STEPHEN HARPER
PHOTO: GETTY IMAGES

The CJC has decided to award Harper for his vigorous condemnation of anti-semitism and his strong support of Israel. The award goes to a leader who has exhibited distinguished service to the cause of human rights. 

The CJC was founded in 1919 in order for persecuted Jewish minority to gain political strength through collective action. The group has evolved into what some consider "the epitome of political power," as evidenced by the meeting of leaders today. However, the CJC has become more divided than it was in the past, according to historians and local activists. This is particularly true among those who question Israel's treatment of Palestinians. Critics of the CJC claim that it is increasingly intolerant of dissenting voices when it comes to Middle Eastern politics. 

THE FIRST CANADIAN JEWISH CONGRESS
PHOTO: THE TORONTO STAR

Some community members regret what they consider to be a focus on the state of Israel, when the original organization focused on human rights issues.  Toronto artist Reena Katz, an activist associated with Israel Apartheid Week, an international movement opposed to Israel's treatment of Palestinians claims to have been "blacklisted" by the CJC. The CJC withdraw its affiliation with the Koffler Centre for the Arts after her exhibit was shown there. 

Critics of the CJC say that it has "become the establishment" and make a point that the most prominent members are not activists or agitators, but business people and philanthropists. Others complain that the organization is no longer grass-roots, but instead operates top-down and stifles debate. 

Regardless of the criticism, few in Canadian politics can ignore the organization, which claims to present a unified voice for Canadian Jews. This is evident by the high level government attendance to the CJC's 90th anniversary celebration this weekend. According to CJC chief executive, Bernie Farber, the CJC has "a brand name that is the most significant ethnocultural organization in Canada."

For more information, please see:

The Canadian Press - Prime Minister to get Canadian Jewish Congress Award Sunday - 31 May 2009

Toronto Sun - Political Heavywieights on Tap for CJC Assembly - 30 May 2009

Toronto Star - Major Party Leaders to Address Canadian Jewish Congress - 29 May 2009

Toronto Star - Has Jewish Group Forgotten Its Roots? - 23 May 2009

Internationally Recognized Advocate for Migrant Human Rights on the US-Mexico Border Dies at 72

By Sovereign Hager

Impunity Watch Reporter, North America

CHULA VISTA, California - Roberto Martinez, a committed advocate for migrant rights on the US- Mexico border died on May 20th from complications of diabetes. Martinez appeared at marches, spoke on behalf of migrants, cataloged human rights abuses, and testified before Congress on the impact of increased militarization at the border.

Martinez's career in advocacy began when he led efforts in demanding police action to violence against immigrants.  He has consistently fought for government accountability for failed immigration policies. As the director of the American Friends Service Committee in San Diego, Martinez was instrumental in developing a human rights methodology, which is now widely regarded as a best practice by human rights organizations on the US-Mexico border.

Roberto Martinez, pictured here with cardboard crosses to 

honor those who died entering the United States 

(Photo by Don Bartletti, LA Times)

The media often attacked Martinez's convictions. Martinez received death threats, was arrested during the course of his work, and hate groups targeted his family. His wife, nine children, and their families survive him.

Martinez was the first US citizen to be honored as an International Human Rights Monitor by Human Rights Watch for his pioneering human rights advocacy in border communities. Recently Roberto received the prestigious Ohtli Award from the Mexican Government. This is the highest honor granted to a non-Mexican national for their service to Mexicans abroad. He was also the recipient of the Quezacoalt Award, presented by the Mexican National Commission for Human Rights.

Christian Ramirez, the national coordinator for the American Friend's Service Committee reflected on Martinez's death, saying "It's going to be a terrible loss . . . for the whole border community. Voices like his are urgently needed at the border."

For more information, please see: 

La Prensa San Diego - Human Rights Pioneer Roberto Martinez Passes Away Peacefully Surrounded By His Family - 22 May 2009

Los Angeles Times - Roberto Martinez Dies at 72; Longtime Advocate for Migrants' Rights - 22 May 2009

North County Times - Human Rights Advocate Roberto Martinez Dead at 72 - 22 May 2009

Mexican Journalists Covering Government Corruption and Drug Trade Kidnapped and Murdered

By Sovereign Hager

Impunity Watch Reporter, North America

DURANGO, Mexico - Mexican crime journalist Eliseo Barron Laguna was found dead, with signs of torture on Tuesday, May 26.  He is the second journalist killed in the state of Durango in less than a month. Carlos Ortega was shot dead as he was investigating police corruption in Durango. The next day Fidel Perez Sanchez, a crime reporter in Vera Cruz was reported missing. Mexico's war on drugs and public corruption has made journalism increasingly dangerous.

The State Prosecutor's office for Durango reported that armed men barged into Barron Laguna's home late on Monday, beat him in front of his wife and daughter, and kidnapped him.  Laguna has been a reporter for the publication La Opinion de Torreon for 11 years.  His last article was about police corruption.                                                                                                                                    

Murdered Journalist Eliseo Barron Laguna pictured above

(Source: La Opinion de Torreon)

Traffickers have been known to harass journalists who report on drug gangs and attacks on the media have increased since Calderon launched his army-backed assault on the drug cartels at the end of 2006. Drug-related violence has killed 2,300 people in Mexico this year.

Mexico is considered the second most dangerous place in the world for journalists, after Iraq. Ten journalists have been killed this year alone, and at least eight have been killed for reasons directly related to their work. Most of the targeted journalists covered organized crime or  the government.

Research by The Committee To Protect  Journalists (CPJ) found that local and state authorities in Mexico have been ineffective at solving press-related cases and at times have been complicit in the crimes. The text of the CPJ report can be found here.

Media Advertising Campaign targeting violence against journalists.

(By Deborah Bonello)

A bill imposing penalties for crimes against "journalistic activity" has stalled in the Mexican Senate. Meanwhile, the UN High Commissioner for Human Rights has called for a swift and efficient prosecution and resolution to the cases of murder and kidnapping of journalists. So far the police have made no arrests related to these recent killings and have made no public determination that the killings were related to the individuals' work as journalists.

For more information, please see: 

Earth Times - UN Calls for Better Prosecution in Slayings of Mexican Journalists - 28 May 2009

AP -  Mexican Journalist Killed in Northern State - 27 May 2009

 

Newswatch - Mexican Journalist Who Covered the Police is Abducted and Killed - 27 May 2009

Technology Marketing Corporation News - Mexican Journalist Disappears - 27 May 2009

Rueters - Drug Hitmen Kidnapp, Kill Mexican Journalist - 26 May 2009

Canadian Supreme Court Denies Constitutional Rights to Afghan Detainees Abroad

By Sovereign Hager

Impunity Watch Reporter, North America

OTTAWA, Canada – The Canadian Supreme Court declined to decide if non-Canadians transferred by Canadian troops to Afghan custody should be extended constitutional rights. The rejection of the appeal application brought by Amnesty International and the British Columbia Civil Liberties Union effectively upheld a lower court ruling that the Canadian Charter of Rights and Freedoms does not protect non-Canadians abroad.

A lawyer for the two rights groups expressed disapproval of the ruling by pointing out that “just about every other democratic country has affirmed that military detainees held on foreign soil have human rights protections in their domestic courts-including the United States.” Human rights groups insist that torture of detainees in Afghanistan is “endemic,” and that Canadian soldiers should not take part in prisoner transfers if there are grounds to believe the detainees will be tortured.

PHOTO BY JOHN D. MCHUGH: AFP (GETTY IMAGES)

Rights groups say that the potential for Canada to extend Constitutional protections abroad came when Canadian courts held that the rights of Omar Khadr, a Guantanamo detainee were violated.  However, the Federal Court of Appeals explicitly stated that the Khadr decision had no impact on the Afghan detainee case. The Court of Appeals opinion in this case cited Afghan sovereignty with respect to military affairs as a reason for their holding. The Supreme Court, by custom, did not give a reason why they refused to hear the case.

Despite the ruling, a public inquiry by the Military Police Commission into these allegations is scheduled to begin Monday in Ottawa. Rights groups remain adamant that when military police transfer captive insurgents to Afghan authorities known to torture their detainees, they fail to live up to international obligations.

For more information, please see:

Canadian Broadcasting Corportion – Supreme Court of Canada Won’t Hear Afghan Detainee Case – 21 May 2009

The Canadian Press – Top Court Nixes Bid to Extend Charter to Afghan Prisoners – 21 May 2009

Ottawa Citizen – Top Court Rejects Charter Protection for Afghan Detainees –21 May 2009

Toronto Star - Supreme Court Will Not Hear Afghan Detainee Case - 21 May 2009 

U.S. Woman Gang-Raped in Iraq Seeks Justice by Overcoming a Mandatory Arbitration Clause

By Nima Nayebi

Impunity Watch Reporter, North America

NEW ORLEANS, United States - The fifth circuit heard arguments recently in the case of Jamie Leigh Jones, a Texas resident and former KBR employee who alleged she was gang-raped by Halliburton employees in 2005 while working in Baghdad’s “Green Zone.” 

Jones sued Halliburton and several of its subsidiaries in 2005, but Halliburton insisted that she was bound by contract to submit all claims arising from the alleged rape to private arbitration. Jones argued that the arbitration clause of her contract did not apply to a claim involving rape, “because it is not a work-related matter.”

Fifth circuit Judge Keith Ellison wrote: “This court does not believe that plaintiff’s bedroom should be considered the workplace, even though her housing was provided by her employer.”

While in the Green Zone, Halliburton and its then-subsidiary KBR housed Jones in predominantly male living quarters. Jones reported being harassed just two days after arriving there, but her request for different living barracks was dismissed. She was told “to go to the spa” instead. 

Just two days later, firefighters working for Halliburton allegedly drugged and brutally raped Jones, causing severe injuries which required reconstructive surgery. No criminal charges were filed against her assailants because the Coalition Authority limits the power of the Iraqi government in prosecuting foreign contractors.

Jones’ experience in Iraq led her to inaugurate the Jamie Leigh Foundation, a “nonprofit organization dedicated to helping United States citizens and legal residents who are victims of crime while working abroad for government contractors and subcontractors.” Jones had also been an outspoken critic of the Fair Arbitration Act of 1925 (FAA), which is currently under Congressional scrutiny. 

Georgia Representative Hank Johnson has introduced H.R. 1020, the “Arbitration Fairness Act of 2009.” On 28 April, Jones and others adversely affected by mandatory arbitration clauses lobbied for the act during “Arbitration Fairness Day.” Representative Johnson stated: “One of our indelible rights is the right of a jury trial. Guaranteed by the Constitution, this right has been gradually ceded by citizens every day as they purchase a new cell phone, buy a home, place a loved one in a nursing home, or accept a new job. Once used as a tool for businesses to solve their disputes, arbitration agreements have found their way into employment, consumer, franchise and medical contracts.”

The fifth circuit’s decision will allow others who have been similarly victimized to challenge employment contracts which have kept them from suing in court.

Photo Credits (from top): Jones - AP; ABC News; Rep. Johnson - Getty Images

For more information, please see:

Times Online - Federal Judge Rules Iraq 'Gang-Rape Victim' Can Seek Trial in US - 12 May 2009

Fifth Circuit- Jones v. Halliburton (full text PDF) - 9 May 2009

AP - Court Hears Appeal in Rape Case Against Halliburton - 27 April 2009

Fair Arbitration Now - H.R. 1020 - The Arbitration Fairness Act of 2009: Protect Consumers from Abusive Mandatory Arbitration Clauses! - 21 April 2009

Canada Convicts First International War Criminal in Landmark Decision

By Karla E General
Impunity Watch Reporter, North America

MONTREAL, Canada - A Quebec court today found Desire Munyaneza guilty of all seven counts of war crimes committed in the 1994 Rwandan genocide, under a Canadian law enacted in 2000 that allows residents to be tried for crimes committed abroad.

 

PHOTO: GLOBE AND MAIL

Munyaneza, 42, the first person to be convicted under Canada's Crimes Against Humanity and War Crimes Act, was found guilty on all counts related to genocide, crimes against humanity and war crimes, in connection with the three-month genocide perpetrated by Rwanda's Hutu group. The actions of the Hutus resulted in the murder of an estimated one million members of Rwanda's Tutsi group as well as moderate Hutus.

Munyaneza, an ethnic Hutu and son of a wealthy businessman, first came to Canada with his family in 1997, but was refused refugee status. He was arrested in Toronto in 2005 following an RCMP investigation that linked him to the murder and rape of civilians, and of leading attacks against ethnic Tutsis at the National University of Rwanda during the genocide. The organization known as African Rights also linked Munyaneza to Rwandans indicted by the United Nations International Criminal Court, and accused him of being a leader in a militia group that raped and murdered dozens of people. He was 27 at the time of the genocide.

Each of the seven counts that Munyaneza was convicted of carries a lifetime prison sentence.

For more information, please see:

AP - Rwandan War Crimes Guilty Verdict Issued in Canada - 22 May 2009

CBC News - Quebec Court Convicts Munyaneza of War Crimes in Rwanda - 22 May 2009

Globe and Mail - Munyaneza Becomes Canada's First Convicted War Criminal - 22 May 2009

UPI - Rwandan Man Convicted of War Crimes - 22 May 2009

Haitian Migrants Continue to be Targets of Mob Violence in the Dominican Republic

By Sovereign Hager

Impunity Watch Reporter, North America

PETIONVILLE, Haiti - The Dominican Republic's treatment of Haitian migrants was protested by over 150 people in front of the Dominican Embassy after the lynching of a Haitian migrant in the Dominican Republic. Carlos Nerílus was tortured and beheaded on May 2nd, as an angry mob watched and took pictures. There is no evidence that local authorities took any action to stop the lynching.               

   

Photo by Ramon Espinosa (AP)

Haitian immigrants have increasingly been victims of mob violence in recent years. A report by Amnesty International found there to be “deep rooted racial discrimination” against Haitians in the Dominican Republic. The report can be found here.

Human Rights groups have expressed concern about discrimination and mass expulsion of Haitians in the Dominican Republic. Between 20,000 to 30,000 Haitians are deported from the Dominican Republic each year. Haitian immigrants have no way to normalize their immigration status without documents, thus widely limiting access to health care and fair labor conditions. Dominican-born children of Haitian migrants are denied Dominican citizenship. 

Roughly 1 million Haitian nationals currently live in the Dominican Republic, most of which are undocumented and work in exploitative occupations such as agriculture and domestic service. Last year authorities uncovered a child trafficking ring that forcibly employed Haitian children as beggars.

In response to the beheading, the Dominican Republic has promised to prosecute those responsible.

For more information, please see:

Latin American Herald- Dominican Republic Vows Thorough Probe of Haitian's Beheading - 21 May 2009

Miami Herald- Angry Protests in Haiti Over Slaying of Countryman - 8 May 2009

Dominican Today- Lynching is the Latest of Crimes Pitting Dominicans, Haitians - 7 May 2009

Inter Press Service- Dominican Republic: Prejudice Against Haitians Boils Over - Again - 10 November 2008

Senate Blocks Closing of Guantanamo

By Karla E General
Impunity Watch Reporter, North America

WASHINGTON, United States - The United States Senate voted 90-6 against the $80 million spending bill that would have financed the closure of Guantanamo Bay by January 2010, as well as the transfer of the 240 detainees that remain there. The vote came just one day before President Barack Obama was scheduled to outline his plan for the transfer of the 240 terrorism suspects detained at the facility located in Cuba.

Obama had requested the $80 million last month, an amount necessary for the Pentagon and Justice Department to close the detention facility, which is known by international human rights groups for its use of harsh interrogation techniques and detention of suspects without trial. The funds were requested without an immediate and detailed plan of action for the transfer of the detainees and without a definitive answer on whether the detainees would be transferred to U.S. soil. Republicans have criticized Obama's quest to shut down Guantanamo, saying that human rights abuses that have occurred at the facility are a thing of the past.

The 90-6 vote followed testimony to Congress by FBI Director Robert Mueller who stated: "The concerns we have about individuals who may support terrorism being in the United States run from concerns about providing financing to terrorists, [and] radicalizing others ... [as well as] the potential for individuals undertaking attacks in the United States."

AP Photo - FBI Director Robert Mueller testified before Congress on Wednesday.

Similarly, Republican Senator John Thune of South Dakota said: "The American people don't want these men walking the streets of America's neighborhoods.  The American people don't want these detainees held at a military base or federal prison in their backyard either."

In spite of the vote, Democrats remain hopeful that President Obama will devise a detailed plan that meets the objectives of both Democrats and Republicans. "The president's very capable of putting together a plan that I think will win the approval of a majority of members of Congress," said Nebraska Democrat Ben Nelson. "I can't imagine that he won't." 

For more information, please see:

AP - Senate Votes to Block Funds for Guantanamo Closure - 20 May 2009

BBC News - Guantanamo Detainee Move Blocked - 20 May 2009

UPI - Senate OK's Cut of GITMO Closing Funds - 20 May 2009

New York Times - Senate Leaders Balk at Closing Guantanamo Prison - 19 May 2009

Canada May Be Last to Recognize Indigenous Rights

By Sovereign Hager

Impunity Watch Reporter, North America

NEW YORK CITY, United States - The government of Canada continues to oppose the United Nations Declaration on the Rights of Indigenous Peoples (DRIP), as over 2,000 participants from around the world gather at the UN Headquarters to discuss Indigenous rights. 

Canada, the United States, New Zealand, and Australia have opposed the Declaration since its creation in 2007. Australia recently reversed its position and John Key, New Zealand's Prime Minister, has said he will consider reversing New Zealand's opposition. UN leaders are in contact with President Barak Obama about possibly reversing the Bush Administration's opposition to the Declaration.  Canada's intransigence was the primary topic of concern at a press briefing this week.

The Canadian government claims that the Declaration conflicts with the Canadian Constitution because it favors Indigenous rights over non-Indigenous rights. Victoria Tuali-Corpuz, the chairperson of the UN Permanent Forum on Indigenous Rights, called Canada’s reasoning “invalid”.  Officials expressed surprise at Canada’s position considering its “advanced” policy regarding Indigenous people.  Furthermore, Canada has been active on other international human declarations, like the Committee on the Elimination of All Forms of Discrimination against Women. 

Discussions at the conference included complaints from Indigenous people that Canadian mining companies do not respect their rights.  Participants addressed a letter to Canadian Prime Minister, Stephen Harper, calling on Canada to “establish clear legal norms . . . to ensure that Canadian companies and residents are held accountable when there is evidence of environmental and/or human rights violations."

The Declaration includes provisions recognizing Indigenous human rights to self-determination, land, natural resources, and compensation for rights violated. DRIP is not legally binding, but the outlines of the declaration are to be referenced when a country enacts new laws and policies.  According to Tauli-Corpuz, “More attention needs to be focused on the trans-boundary human rights obligations of countries which are hosting extractive corporations and creating problems for indigenous people.” The text of the Declaration is available here.

For more information, please see:

China View - Momentum Slowly Builds Behind UN Indigenous Declaration - 19 May 2009

People's Daily - Top UN Official: Widespread Abuses Against Indigenous Peoples Persist - 19 May 2009

Radio New Zealand News - New Zealand May Endorse Indigenous Rights Declaration - 17 May 2009

Amnesty International - Declaration on the Rights of Indigenous Peoples - 17 April 2009

Mexican Army Continues Human Rights Abuses in its Domestic Policing Role

By Nima Nayebi
Impunity Watch Reporter, North America

MEXICO CITY, Mexico - In an effort to curtail drug-related violence, the Mexican army has been engaged in domestic policing, but a lack of training and accountability has led to allegations of rampant human rights violations according to a recent Human Rights Watch (HRW) report.

President Felipe Calderón initially recruited the army in the effort as part of a 2006 emergency plan. Since then more than 1,230 reported cases of human rights violations have prompted Mexican human rights organizations to ask the U.S. to halt American military aid to Mexico. While abuses include disappearances, killings, torture, rapes, and arbitrary detentions, none of the military investigations and trials has led to the conviction of accused soldiers. According to Raúl Benítez, defense specialist at the National Autonomous University of Mexico, part of the problem is that "[h]aving military officers commit abuses is seen as the lesser evil. People just want the army to protect them from the narcos."

The HRW report details seventeen graphic cases of abuse in 2007 and 2008 involving more than seventy individuals. HRW recommends that civilian courts, rather than military tribunals, hear military abuse cases to ensure proper prosecution and deterrence. The Mexican Interior Department has promised to study the report, but has stressed that military court rulings may be appealed in civilian courts.

For more information, please see:

Mexidata.info - Mexico Must Deal With Purported Abuse by the Military - 18 May 2009

The Narco News Bulletin - Mexican NGOs, Brigadier General, Unite in Letter Against Plan Mexico - 7 May 2009

The Economist - Mexico's Army: Crimes That Go Unpunished - 30 April 2009

Human Rights Watch - Mexico: Hold Military to Account on Rights Abuses - 30 April 2009