Anda di halaman 1dari 30

U.N.

ACTIVITIES BULLETIN
INTERNATIONAL ASSOCIATION OF DEMOCRATIC LAWYERS

In Consultative Status with ECOSOC and Represented at UNESCO and


UNICEF

www.iadllaw.org November 2014

Office of IADL President


Jeanne Mirer
1700 Broadway, 21st Floor
New York, New York 10019
United States

IADL Permanent Representatives to the United Nations


Prof. Lennox Hinds, Permanent Representative New York
Evelyn Drmayer, Permanent Representative Vienna
Micl Savia, Permanent Representative Geneva
TABLE OF CONTENTS
UPDATES ON HAITI.2
REPORT ON U.N. ACTIVITIES IN NEW YORK5
REPORT ON U.N. ACTIVITIES IN VIENNA20
REPORT ON U.N. ACTIVITIES IN GENEVA...21
REPORT FROM UNESCO

UN CALENDAR...26

selectively enforce immunity while


UPDATES ON HAITI ignoring its own obligations. The
lawsuit was filed after extensive efforts
IADL SEEKS UN to seek remedies out of court pursuant to
ACCOUNTABILITY FOR those treaties, but the UN rejected these
CHOLERA IN HAITI efforts. In May, a group of 22 leading
international law experts in the US and
Europe submitted amicus curiae briefs
IADL member the Bureau des Avocats
in support of the plaintiffs. Oral
Internationaux (BAI) and its U.S.-based
argument took place on 23 October 2014
affiliate, the Institute for Justice &
in the United States District Court for
Democracy in Haiti (IJDH), are
continuing the fight for justice on behalf the Southern District of New York.
of victims of the United Nations (UN)
catastrophic introduction of cholera to Over the course of the summer, IADL
Haiti. BAI and IJDH filed a class action has continued to play an instrumental
lawsuit against the UN and other role in supporting the broader public
responsible parties in US federal court in advocacy efforts for a just UN response.
October 2013. IADL Representative Micl Savia
delivered two statements to the UN
Human Rights Council on cholera in
The UN has not entered an appearance
June and in September. Micl also met
in the case, but instead asked the US
with various advocacy targets in Geneva,
Government to seek dismissal on its
including key UN member states and the
behalf. In March 2014, the US attorney
Special Rapporteur on the Human Right
submitted a Statement of Interest in the
to Safe Drinking Water and Sanitation.
case, asserting that the defendants have
absolute immunity from suit in US The efforts resulted in the Special
courts. Plaintiffs challenge immunity on Rapporteur calling on the UN to ensure
the alleged victims right to a remedy,
the basis that the UN is in breach of its
including compensation, if warranted
own obligations under the immunity
treaties to provide alternative settlement [and] to establish appropriate
of victims personal injury claims
against it, and can therefore not

2
accountability mechanisms for ongoing responsibility to respond to the
and future missions.1 epidemic.3 The UN has also announced
the establishment of a joint committee
This statement follows repeated that is looking into providing
statements by the UN Independent socioeconomic assistance to people
Expert on the Situation of Human Rights affected by cholera.4 No additional
in Haiti. In his most recent report, the information is publicly available about
Independent Expert called on those this initiative, however, and requests for
responsible to be punished, in clarification on the committees mandate
accordance with the Basic Principles and have gone unanswered. The UN also
Guidelines on the Right to a Remedy launched a plan to eliminate cholera
and Reparation for Victims of Violations from Haiti through water and sanitation
of International Human Rights and infrastructure in 2012, but as of July
Humanitarian Law and stressed that 2014, the plan remains funded at merely
the United Nations should be the first to 10 percent.
honour these principles.2 Using these
statements as a foundation, IADL is POLITICAL PERSECUTION OF
pursuing additional UN mandate holders FORMER PRESIDENT ARISTIDE
to sign on to a joint statement that would
Former Haitian President Jean-Bertrand
call on the UN to respond justly to the Aristide returned to Haiti in March 2011
crisis. BAI and IJDH also submitted after seven years in exile following a
several stakeholder reports to the Human
U.S. government-supported coup detat
Rights Committee, which is reviewing
that forcibly removed him from office in
Haitis compliance with the International
2004. Since his return, the Haitian
Covenant on Civil and Political Rights in government has initiated three separate
October. The reports cover several
criminal complaints against President
topics, including cholera, access to Aristide, two of the three were
justice, and human rights violations in conducted illegally and based on
the prison system.
accusations that have been persistently
made but never proven. On each
With pressure mounting on the UN, in
occasion the warrant was leaked to the
July 2014, the UN Secretary-General
press before being served on the former
made his first visit to Haiti since the President. In January, 2013, the charges
outbreak of cholera, and acknowledged
were so patently unjustified that when
publicly that the UN has a moral
Aristides lawyers pushed back, the

1
Report of the Special Rapporteur on
the human right to safe drinking water 3
Jacqueline Charles, United Nations top official
and sanitation, Catarina de Albuquerque, goes to Haiti to promote cholera elimination,
Common Violations of the Human elections, MIAMI HERALD, July 13, 2014,
Rights to Water and Sanitation, U.N. available at
http://www.miamiherald.com/news/nation-
Doc. A/HRC/27/55, 33, 34, June 30, world/world/americas/haiti/article1975427.html
2014. 4
Report of the Secretary-General on the
2
Report of the Independent Expert on the
Situation of Human Rights in Haiti, Gustavo
United Nations Stabilization Mission in
Galln, U.N. Doc. A/HRC/25/71, 77, Feb. 7, Haiti, U.N. Doc. S/2014/617, 50, Aug.
2014. 29, 2014.

3
prosecutor dropped the case.5 In May members of his political party, Lavalas,
2013, Aristide was properly summoned and even supporters abroad.
in an investigation of the April 2000 The investigation has been used as a
murder of journalist Jean-Dominique pretext for other forms of political
and attended the hearing while persecution. In September, while both
thousands of supporters appeared at the President Martelly and his Prime
courthouse. Lacking any merit to the Minister were out of the country, threats
allegations, the prosecutor let that case were repeatedly made on the radio and
drop as well.6 in public that the government will close
A third investigation was launched in both the Aristide Foundation and
August 2014, ostensibly involving 10- UNIFA, the national university
year old money laundering charges that supported by President Aristide.
are time barred, and trafficking in illicit Simultaneously, police officers in black
drugs charges that were originally uniforms, some apparently hooded,
pursued by the U.S. and found to be appeared to have surrounded President
meritless. Almost every action in the Aristides home at Tabarre. According to
prosecution from the service of the Commissioner Frantz Lerebours,
summons to the declaration that Aristide spokesperson for the National police of
is under house arrest has been in Haiti (PNH), 14 members of a special
violation of Haitian law. The magistrate police unit have been assigned to
conducting the matter is widely viewed monitor President Aristide because they
as a political weapon wielded by are better equipped and trained to
President Martelly; the judge did not surveil him and his residency. These
meet Haitis 5-year legal experience officers have been taking down the
requirement for judges and has been license plates of every car to enter the
disbarred by the Port-au-Prince Bar Presidents residency. These actions
Association for 10 years because of his followed the unexplained decision to
illegal pursuit of political dissidents. In a remove Presidential security at President
report issued by the National Human Aristides home in mid-September, in
Rights Defense Network (RNDDH) in violation of Haitian law that grants
Haiti, the prosecution has been described security for all former presidents and
as defying all logic, acts of their family. At present, neither
provocation, and utilizing the case for President Aristide, nor his U.S. citizen
political ends.7 The investigation has wife and children are receiving
been used to cast a wide net, not only government protection.
against President Aristide, but many Many in Haiti believe that this political
prosecution is a smoke screen to divert
5 Lauren attention from the failure of the Martelly
Carasik, Haitis Fragile Democracy,
JURIST-Forum, Aug. 31, 2014, government to hold elections. The
http//jurist.org/forum2014/08/lauren-carasik- unwillingness of President Martellys
haiti-democracy.php Administration to take the appropriate
6
Id. steps toward an election will mean that
7
Marie Yolene Gilles Colas, National Human in January there will be no functioning
Rights Defense Network, In the matter of Jean-
parliament and President Martelly, like
Bertrand Aristide/Lamarre Belizaire: Who is
protecting persons before the justice system from his ally Jean-Claude Duvalier, will be
arbitrary conduct of Magistrates? able to rule by decree. It is also an

4
attempt, once again, to exclude the same day in other cities around the
Lavalas Party from participating in world. For more information and to see
elections that many observers believe pictures and video, please visit the
they would win. March website at
Political observers and human rights http://peoplesclimate.org/.
lawyers express grave concern that the
escalation of persecution against The March was scheduled to coincide
President Aristide are efforts by the with United Nations Climate Summit
government to see how far it can go in New York, held two days after the
against its political opponents without March, on 23 September 2014.
response from the international Secretary-General Ban Ki-moon invited
community. If a loud chorus of world leaders, from government,
disapproval is not heard against the finance, business, and civil society to the
tactics of the Martelly government, both Summit with the goal of mobilizing
President Aristides life and the future of political will for action on climate
democracy in Haiti are at risk. change. The Summit is not part of the
UN Framework Convention on Climate
Change negotiations, and no
(IADL Alternate Representative Beatrice negotiations related to the convention
Lindstrom wrote the articles on Haiti) took place at the Summit. For more
information please see website
http://www.un.org/climatechange/summi
REPORT ON U.N. t/faqs/
ACTIVITIES IN NEW
SCREENING OF PRE-CLIMATE
YORK MARCH FILM FOLLOWED BY
DISCUSSION WITH CLIMATE
CLIMATE CHANGE AND COMMUNITY ACTIVISTS

HUNDREDS OF THOUSANDS On 7 September 2014, IADL Alternate


GATHER FOR PEOPLES Representative Claire Gilchrist attended
CLIMATE MARCH IN NEW YORK the premiere of the film Disruption at
CITY the New School in New York City. The
film was created as a motivational film
On 21 September 2014, IADL Alternate to recruit participants for the Peoples
Representative Claire Gilchrist and Climate March, held two weeks later. It
IADL Bureau member Richard Harvey contained interviews with scientists,
participated in the Peoples Climate activists, politicians, and community
March in New York City organized by groups, as well as footage from around
environmental group 350.org with over the world showing the impact of climate
1500 organizations. Approximately change. The film focused on fossil fuel
400,000 people walked together for three extraction and use as the main cause of
miles with banners and music through increased global temperatures.
the streets of Manhattan to send a Following the film was a panel
message that the people want action on discussion and Q&A with international
climate change. Hundreds of marches and New York based activists including
and gatherings also took place on the

5
Keya Chatterjee - Director, Renewable power production is uranium mining,
Energy and Footprint Outreach WWF, which uses large quantities of oil, gas,
Eddie Bautista - Executive Director - and coal to extract, which contribute to
New York City Environmental Justice climate change. Mining is being done on
Alliance, and Ricken Patel - Executive indigenous peoples land. Uranium run-
Director - Avaaz.org. During the off spills have occurred causing severe
question and answer period, audience health and environmental hazards.
members questioned the role of Building enough nuclear reactors to
capitalism in global warming as well as replace fossil fuel is extremely costly
large-scale livestock farming and factory and does not make economic sense.
farms.
Speakers also voiced that nuclear
TOKYO-BASED NGO HUMAN production is an unplanned, non-
RIGHTS NOW SAYS NUCLEAR consensual, radiation experiment on
POWER IS NOT THE ANSWER TO human health and spoke about the
CLIMATE CHANGE reactor meltdowns at the Fukushima-
plant, stating that there are no safe
On 15 September 2014 Human Rights exposure standards. Japan increased safe
Now and other activists and nuclear exposure standards by 20 times after
experts held an event in New York City Fukushima for political expediency. The
to discuss why nuclear energy is not UN Committee on the effects of
clean energy and not a solution to radiation is contributing to ignorance
climate change. Alternate Representative with its findings that there were no ill
Claire Gilchrist attended. health effects due to the Fukushima
Daiichi disaster, other than stress caused
Topics discussed included Fukushima, by fear of health problems. Groups
nuclear waste, uranium mining, health, including Human Rights Now pressured
and human rights. The event was held to the UN to appoint a special rapporteur to
coincide with the NYC Peoples Climate March visit and report on the catastrophe. The
and the United Nations Climate Summit 2014. Rapporteur found that the measures
The speakers on the panel were Mari being taken by the Japanese government
Inoue of Human Rights Now, Arnie were insufficient and that civil society
Gundersen, Fairewinds Energy needed to be included in the decision-
Education, Leona Morgan, Din No making process. Ms. Inoue of Human
Nukes, Pradeep Indulkar, Filmmaker, Rights Now stated there is a lack of
Marilyn Elie, Indian Point Safe Energy transparency in government and industry
Coalition, Alfred Meyer, Physicians for regarding nuclear power. She concluded
Social Responsibility, and Tim Judson, that nuclear power undermines
Nuclear Information Resource Service. democracy
The panel proposed multiple reasons Editors Note: One of the founders of
why nuclear power is not an option to Human Rights Now is Kazuko Ito, a
replace fossil fuels as a clean energy former IADL Alternate Representative
source. Nuclear accidents are too to the UN in New York.
frequent and are getting more severe,
from partial meltdowns to full
meltdowns. The front end of nuclear

6
equality between men and women, such
NGOS DISCUSS ROLE OF as women-run solar energy creation and
CLIMATE CHANGE IN installation businesses and other
EXACERBATING GENDER renewable energy small businesses.
INEQUALITY AT CSW 58 Emilia Reyes from Equidad de Genero
also spoke on the panel emphasizing that
On 19 March 2014, IADL Alternate human rights standards needed to be at
Representative Claire Gilchrist attended the forefront of 2015 climate policy and
the event Sustainable Solutions to sustainable development negotiations.
Ending Climate Chaos -how to make
2015 mean some-thing! at the United ***
Nations Church Center in New York
City. RULE OF LAW LECTURE

The talk was held in parallel with the On 31 July 2014, IADL volunteer
fifty-eighth session of the Commission attorney Dana Heitz attended a
on the Status of Women. It provided an discussion by UN Deputy Secretary-
overview of the links between climate General Jan Eliasson on the rule of law
change and gender equality, and governance in the context of the
emphasizing that the impacts of climate UN's Sustainable Development Goals.
change are causing an increased burden The even was organized by the Cyrus R.
to women in agricultural work, Vance Center for International Justice at
household food production, distance the New York City Bar.
needed to travel to gather fuel and water,
and other critical areas. The event was His Excellency opened by stating that
organized by Womens Environment and institutional capacity to place the UN
Development Organization (WEDO), pillar of human rights on par with peace
Women International for a Common and development depends on
Future (WICF), and Equidad de Genero. institutional ability to overcome popular
identification with religious and ethnic
Speakers for the event included Bridget identities, which emerged in the wake of
Burns (WEDO), moderator, who disillusionment with national
provided an overview of the current governments and the loss of
climate negotiations landscape and identification on the basis of the nation-
pointed out that 2015 will be a critical state. He also noted that national
year not only for climate change policy leaders' ability to recognize their states'
decisions, but also for the sustainable international role is complicated by new
development goals process. Other elements such as shifts in balances of
speakers also included Gertrude power, migration, limitations of
Kenyangi (SWAGEN- Uganda) and resources, and increased communication.
Kalyani Raj (All India Women's
Conference). Ms. Kenyangi discussed Having laid this foundation, Eliasson
the increased work burden to women in described how the institutions necessary
Uganda due to climactic changes. Ms. for post-conflict peace and the
Raj discussed sustainable solutions to preventive action required by the UN
climate change to increase economic Charter can only be established under

7
rule of law. These institutions, including about the UN's own subjugation to the
the quantitative monitoring and rule of law. Until the emergence of
evaluation necessary to the success of effective self-governance by
developmental programs, and domestic international institutions, it appears our
processes such as anti-corruption, are only comfort is the rhetorical symmetry
key to development. Finally, human which the ineffectiveness provides.
rights requires rule-of-law principles
such as due process and equality before ***
the law. Eliasson concluded on a hopeful
note, by discussing increasing SYMPOSIUM ON HUMAN
contributions of women and youth, TRAFFICKING
possibilities emerging from international
cooperation, and the significance of new On 28 March 2014, IADL intern Tareq
achievements in science and technology G. Brown attended The Challenges of
for the environment, health, and International Human Trafficking:
infrastructure. Domestic Counter-Trafficking
Programs, at St. Johns Law School in
The Question & Answer period New York. The Symposium was
following the lecture included a matter created to inform students of the
of interest to IADL, i.e. what is the challenges lawyers face with recognizing
proper UN response to the Haitian and preventing international human
cholera epidemic and how the rule of trafficking, and to offer advice on the
law applies to the UN. Eliasson did not various employment opportunities in the
address the legal aspects of this field of counter trafficking.
question. Instead, he said that the UN
has advocated for fighting cholera, and Moderated by Norman L. Greene,
acknowledged the Secretary General's partner at Schoeman, Updike, Kauffman,
work on the Total Sanitation Campaign Stern, & Ascher LLP, the panel
(an effort by the Haitian government, included, the Honorable Judge Pamela
with UN backing, to improve sanitation K. Chen, United States District Court
standards). He also noted a high-level Judge of the Eastern District of New
committee for the distribution of health York; Barry M. Koch, senior vice
resources, and stated that the UN was president and chief compliance officer of
doing what [it] can to improve the Western Union; Katy Mastman, attorney
situation, but he did not address how for U.S. Department of Labor; Sam
the situation could be ameliorated or McCahon, attorney at McCahon Law
how similar situations would be Firm; and Veronica Zeitlin, counter-
avoided in the future. trafficking and gender adviser for the
U.S. Agency for International
Eliasson opened by informing his Development (US AID).
audience of the cease-fire between Israel
and Palestine that was to begin the Panelists provided insight on their
following morning, and which was experiences working in counter
broken within hours of its trafficking. Veronica Zeitlin works in
commencement. And he ended with a the field on an international scale. She
non-responsive response to a question described that her agency assists poor
countries by combating poverty,

8
improving healthcare, and increasing Panelists also described their path to a
education and employment career in counter trafficking. Judge
opportunities. Zeitlin determined that Chen said that she initially wanted to be
lack of such opportunities was principle a federal public defender but realized
to women and children becoming afterwards that criminal defense work
vulnerable to the entry of a trafficking was not her cup of tea. She added that
situation. As a counter-trafficking and young lawyers should not be wedded to
gender adviser, Zeitlins duties consist of any specific legal careers as their
providing programs, which focus on interests may change. Judge Chen was a
raising awareness, and addressing the prosecutor at the U.S. Attorneys Office
root causes of trafficking in developing in New York, however she worked at a
countries. Last year in Cambodia, US firm in D.C. assembled of public
AID provided counseling and services to defenders first. As an Assistant U.S.
over 400 people who were either Attorney, she supervised the
susceptible to being trafficked or were investigation and prosecution of human
trafficking survivors. Services included, trafficking matters for approximately 15
counseling, shelter, legal and medical years before President Obama nominated
assistance, and reintegration assistance. her to be a Federal District Court Judge
in January 2013.
Barry M. Koch described how his
involvement in the financial services Overall, each panelist acknowledged that
industry assisted in combatting students have already become involved
trafficking. As a Chief Compliance in counter trafficking efforts by hosting,
Officer for Western Union, Koch was and attending events such as Fridays
able to fight trafficking by using symposium.
information technology tools to locate
traffickers money through particular The Symposium was hosted by the St.
transactions. During his investigation, Johns Center for International and
Koch discovered that traffickers were Comparative Law, St. Johns Journal of
smart, well organized and adaptive. International and Comparative Law, and
Nevertheless, traffickers made particular St. Johns Center for Labor and
transactions, which when analyzed in the Employment Law.
aggregate had a high correlation to
trafficking rings. Such transactions ***
included, small dollar payments to
Internet classified ads, foreign wire TRIBUTE TO RAOUL
transfers, late night credit card swipes, WALLENBERG
road tolls, and hotel and motel payments.
Theses transactions created a financial On 18 September 2014, IADL Alternate
footprint, which produced a finding of Representative Gloria Bletter attended a
an actual trafficking operation. Once the Tribute to Raoul Wallenberg at Cardozo
financial footprint was produced, law Law School in Manhattan on September
enforcement could step in and properly 18, 2014. Pursuant to an initiative of the
pursue arrests, asset forfeitures, and Montreal Institute for Genocide and
victim rescues. Human Rights Studies, the event
commemorated the saving of thousands

9
of Jewish people in the Nazi Holocaust, Jan Eliasson has been involved in the
and also the 20th anniversary of the formulation of the Responsibility to
Rwandan genocide. Protect as President of the sixtieth
session of the UN General Assembly,
Three panelists addressed the topic: Jan beginning mid-June 2005. He began
Eliasson, UN Deputy Secretary General; with the argument that sovereign states
Irwin Cotler, Esq., of Canada; and Luis must show they are capable of protecting
Moreno Ocampo, former Chief their own populations, and that they can
Prosecutor of the International Criminal act against violations of both Human
Court [ICC]. Rights and of the Rule of Law to avoid
more costly assaults and deaths.
All speakers referred to the R2P --
Responsibility to Protectas though it Human Rights Up Front is an early-
were an established doctrine under warning system formulated within the
international law, although participants UN system pursuant to the UN Charter's
in a separate recent panel at the requirement that the Security Council is
Association of the Bar of the City of empowered under Article 33 to respond
New York contend that this is not yet a to threats by preventive mediative and
doctrine, and that its applicability is in consultative measures rather than
the process of being refined and defined. 'waiting for' mass atrocities. A recent
proposal by France is that the Veto
Lessons from the Rwandan genocide: Power not be applied when the problem
danger of state-sponsored spreading of at stake is a mass atrocity.
hate can result in incitement to kill, itself
an international crime; collective failure In such cases, as in the issue of climate
to act is equivalent to acquiescence and change, a global strategy needs a
results in impunity; and indifference and collective approach.
inaction themselves result in greater
numbers of victims. If the international ***
'community' knows of the violations and
fails to act, victims' sense of ISRAELS WAR CRIMES IN GAZA
powerlessness increases, and some may
be accused of participating in the acts of IADL ATTENDS ACTIVIST EVENT
genocide. ON WAR CRIMES IN GAZA

Mr. Ocampo noted that it is not enough On 14 August 2014, IADL volunteer
to celebrate past rescuers, but necessary lawyer Dana Heitz attended an event at
to apply past lessons to the present, and Cooper Union in New York City entitled
include that learning into current Stop Israel's Ongoing War Crimes and
planned protocols. For instance, the Crimes Against Humanity Against the
Allies knew of concentration camps by People of Gaza, with activists and
1944, but their response was inadequate speakers from a variety of organizations.
and uncoordinated, and still is in the face Over a dozen presenters were streamed
of genocidal acts. worldwide via webcast, and included
filmmakers, writers, lawyers, students,
Palestinian citizens, and activists. Debra

10
Sweet of World Can't Wait moderated described the large and increasing
the event. number of brave, courageous, Jewish
voices who are speaking out against
Several filmmakers presented Israeli acts, and he noted that
documentation of the war in Gaza. Jen notwithstanding Israeli efforts to control
Marlowe played an excerpt of her short institutions at the top of the social
film, One Family in Gaza, depicting a hierarchy, the control over the people
family whose young son was murdered and entities at the bottom is fading. Out
and home destroyed during Operation of this bleak situation, these may be the
Cast Lead in 2010. Fida Qishta's film only two positive developments.
Where Should the Birds Fly? showed
the process and consequences of Israeli PANEL ON PALESTINE
occupation; Ms. Qishta shared her time
with a Palestinian journalist who arrived On 19 September 2014, IADL Alternate
in the US earlier that week. Journalist Representative Gloria Bletter, attended a
Alan Goodman drew analogies between panel at Columbia University organized
the actions of Israelis in Gaza and the by its Palestinian Student Group. This
German response to the Warsaw ghetto event took place after the recently-
uprising in 1943, and reminded the concluded [about Aug.26th] Israeli
audience of the prohibition on atrocities attack on Gaza begun in early July,
of this nature in the lessons that the 2014.
world must retain from the Holocaust.
The first speaker was Professor Rashid
The most hard-hitting speakers described Khalidi, Chair of the Dep't. Of History,
concrete measures required to force a and Edward Said Professor of Modern
result against Israel. Josh Ruebner, Arab Studies, and also author of many
director of the US Campaign to End the books and articles. He stated that the
Israeli Occupation, described the deep Israeli government intentionally applied
roots of US involvement in perpetuating excessive force during its attack; the fact
Israel's occupation of Palestine in terms that it deployed sophisticated bombs
of political support and direct provision from the air and the ground on heavily-
of weapons to Israel. While this populated areas, including many homes,
involvement is deeply distressing, it does 17 hospitals, universities [all universities
lend itself to democratic accountability were damaged], was bound to cause
for the responsible decision-makers. much death and damage, and could not
Hannah Mermelstein of Adalah-NY, and be attributed to collateral damage
a founder of Librarians and Archivists under any definition. IDF actions
for Palestine, called on the audience to indicate the intentional application of
participate in street action, notify excessive force, according to Prof.
Congressional representatives of Khalidi.
opposition to Israeli action carried out
with US dollars, and heed the Palestinian These actions also constituted a clear
call for a boycott of Israeli products. violation of the US Arms Export Control
Act, under which an importer of arms is
Despite the depths of the atrocities, prohibited from violating human rights
human rights attorney Jonathan Kuttab of civilians under occupation; of

11
violating international norms against West Bank, with the same goal of
collective punishment; and constitute installing Israeli civilians via
probable War Crimes. settlements, and diminishing Palestinian
control to smaller units of land and an
Hamas, in its acts of resisting an apartheid system of diminished access to
occupying power, is required to comply vital services; but it is the blockade
with international norms as to the which is the most stifling and dangerous
conduct of war, but it had few or none of to Gazans and leads them to resort to
of the guided missile systems or the other measures to obtain goods such as
warheads used by the Israeli military, tunnels. Israel is attempting to subvert
and therefore much less lethal power. international law regarding humanitarian
The fact that Gaza has endured 48 years requirements in its occupation. She
of an occupation which has been noted that the Palestinian Authority in
proclaimed by Israel to never be the West Bank has officially renounced
relinquished, and a blockade of vital violence, and that Gaza is viewed as
goods, services, and freedom of more resistant
movement since 2007, also continues to
be collective punishment. It should be ***
added that the dense population in Gaza
mostly consists of refugees living there CENTRAL AFRICAN REPUBLIC
after fleeing their forced removal to AND THE RESPONSIBILITY TO
make way for the Jewish State, (1.2 PROTECT
out of 1.8 million people).
On September 10, 2014, Alternate
These facts should be known to US Representatives Gloria Bletter, and Beth
politicians, but Israel promulgates Lyons attended a panel on Preventing
fictions in the US media and suppresses and Responding to Atrocities: The
information about the actual imbalance Responsibility to Protect, International
of power. Law and the Case of the Central African
Republic (CAR). It took place at the NY
The next speaker, Noura Erakat, City Bar Association and was co-
reviewed the history of the Gaza strip sponsored by the Cyrus Vance Center
and its population, and also the results of for International Justice and the
the attack: 1500 children orphaned; International Coalition for the
3000+ children needing post-traumatic Responsibility to Protect (R2P).
treatment; 419 businesses destroyed; Professor Elizabeth DeFeis, Seton Hall
among young adults 20 to 24, 70% are Law School University, moderated.
unemployed; locations of schools used
The keynote speaker was Under-
as shelters during the bombardment were
Secretary General of the UN Adama
known to the IDF through UNRWA-
Dieng, Special Adviser on Genocide
provided data; and that Israel has now
Prevention.
added to its eastern buffer zone 44%
of what was Gazan territory. He discussed the 3-point framework for
the emerging responsibility of states to
She asserted that low-intensity attacks prevent and protect, found in the World
on Gaza will continue, as happens in the Summit Outcome Document (2005).

12
1) the state bears the primary failed government, he noted that some
responsibility to protect its population states' commitments are, in fact, more
from four mass atrocities: genocide, war extensive than this document calls for;
crimes, crimes against humanity, and for instance, the AUs contribution of
ethnic cleansing; troops and investigators to the CAR.
2) the international community (the UN) Both Geel and Bolopion had worked on
plus regional organizations, the ground in the CAR, and particularly
governments, and civil society, must Bolopion seemed critical of the use of
assist states in fulfilling these obligations R2P to justify military intervention (as in
to protect; the NATO bombings in Libya).
3) when a state fails to provide such Schmidt discussed the US role in
protection, or is itself the perpetrator, the atrocity prevention, and the work of the
international community has a collective Atrocities Prevention Board (APB),
responsibility to prevent or stop these formed in 2012. She was uncritical of
crimes in a timely and decisive manner, its composition. Its members include
on a case-by-case basis. First priority high level representatives from several
would be to use a broad range of non- agencies including the Departments of
violent measures, and only resort to State, Defense, Treasury, Justice, and
coercion when and if the Security Homeland Security, the Joint Staff, the
Council, pursuant to the UN Charter, U.S. Agency for International
authorizes such force. Development, the U.S. Mission to the
United Nations, the Office of the
Other panelists were Donald Deya, the
Director of National Intelligence, The
CEO of the Pan African Lawyers Union
Central intelligence Agency, and the
(PALU); Florent Geel, International
Office of the Vice President. It is chaired
Federation for Human Rights (IFHR);
by the National Security Staffs Senior
Phillippe Bolopion, UN Director for
Director for Multilateral Affairs and
Human Rights Watch (HRW); and
Human Rights.
Megan Schmidt, International Coalition
for the R2P. IADL raised two questions: a) how can
those on the US APB, who are
Deya clearly stated that R2P is a norm,
responsible for atrocities, effectively
not a legal instrument. He discussed the
prevent them? Schmidt appeared not to
shift in the African Union (AU) from a
comprehend the contradiction and
previous policy of non-interference in
responded that there was monitoring of
internal affairs of Member States of the
AU to a new paradigm of non- States activities by her Coalition; and
indifference to impunity, the threat or b) why has the concept of R2P not been
actual occurrence of mass atrocities, or raised in respect to the Palestinians, and
unconstitutional changes of government. Israels war crimes in Gaza, Dieng
This non-indifference is embodied in
responded that both sides had committed
Article 4(h) of the African Unions
violations, but later acknowledged the
Constitutive Act, which is the right to
disproportionate response of Israel in
intervene against genocide, crimes
Gaza.
against humanity and war crimes inside
states. Using the example of CAR as ***

13
SOUTH AFRICA: TWENTY YEARS of the land; state policy is inadequate or
AFTER APARTHEID inappropriate to effect transformation of
either white ownership or black
On 18 September 2014, Alternate
powerlessness. Although there is talk of
Representative Gloria Bletter attended
reform through land redistribution, there
the plenary of South Africa: Twenty
has been no change in private property
Years After Apartheid. It was held at
rights.
the Roosevelt House, part of Hunter
College, and was the last session of a
Janet Love, Director of the Legal
two-day conference. Its theme was
Resources Centre and member of the
Where do we go from here?
South African Human Rights
Commission, stated that there is
Bill Freund, a retired professor of
insufficient long-term planning: ongoing
Economic History in South Africa,
monitoring and advocacy should be built
began with some thoughts about the
into procedures to access mineral
African National Congress [ANC], and
resources such as extraction below
of how it had to make 'big' compromises,
surface rights.
especially with businesses. It also had to
award its active members with
Ahmed Bawa, a physicist and university
Ministries, with no concomitant progress
administrator in Durban, called for
on government policy. Also, the ANC
building skills and leadership capacities
has been unable to articulate goals for
in young people. He observed that 30%
the nation; it emphasized developing
of the national budget is allocated to
heavy industry such as mining, without
education, although in the past 20 years
paying attention to the remainder of the
there has been a 50% drop-out rate after
economy.
the 6th grade. within the college system.
A new post-school, non-governmental
Currently only 40% of earners have jobs.
system is to be attemptedto open up
Promulgating goals is not enough:
schools as an emancipatory movement.
resolutions need to be embedded in
He also called for reinstatement of
broad policies, a complex process and a
required mathematics study by each
long slow road.
child, and for attention to social ills such
as drug addiction and children living on
Lungisile Ntsebeza, a Professor of
the streets.
Sociology at the University of Cape
Town, has studied land rights and
During the question period, the issue of
governance. He spoke of the colonialism
land use was raised, and the serious
which divided the land into rural and
situation of South Africa's having
commercial property. Under a racialized
become a food-importing nation.
regime, the bulk of it was owned by
Couldn't community-owned land be
white settler colonists except for what
utilized to grow food? Although
was owned by the state and those areas
'increased investment' was called for, no
occupied by indigenous peoples under
one addressed the question of whether an
the rule of traditional chiefs.
alternative economic system to
capitalism would benefit these and other
Not much has changed in that picture:
social issues.
powerful white owners still control 90%

14
By June 2012, when the applicable law
***
and system ended, nearly 2 million cases
GACACA: RWANDA had been tried. Ninety per cent of
TRANSITIONAL JUSTICE defendants were men; over 277,000 were
MECHANISMS acquitted after trial, and 26% were
acquitted after an appeal. Of those
On 10 September 2014, Alternate sentenced to 'community service,' most
Representative Gloria Bletter attended a were building or rebuilding roads or
lecture at Cardozo Law School, New other facilities in their own
York City, presented by attorney Albert communities.
Gasake, speaking on behalf of Rwanda's
IBUKA, an NGO of survivors' According to Gasake, some of the
associations.. beneficial impacts of the process were
the provision of reparations and
The objectives of the Gacaca courts, the compensation; it diminished impunity;
alternative conciliation system revelations of rescuer Hutus who saved
investigating perpetrators and victims of Tutsis; and a lessening of continued
the genocide in 1994, were: hostilities. But there were also killings of
survivors and some judges before the
to establish the truth of the genocide; process began; negative solidarity
to speed up court trials; between accused perpetrators; and re-
to eliminate a culture of impunity; traumatization, especially for women
reconciliation. who were called to testify about being
raped. Recently, the government
A goal was for Rwandans themselves to announced it would provide HIV
solve their own problems without vaccines for rape victims found to be
violence. positive for AIDs; and other reparations,
yet to be determined.
254,000 lay judges [inyangamugayo]
were trained for 11,000 community Gasake contrasted the gacaca process to
courts, each with 9 judges. These judges' the International Criminal Tribunal of
power is limited to sentencing Rwanda (ICTR) procedure, established
defendants to prison terms. There are 1994 by the UN, where fewer
also Appeals courts; note that 'Western- indictments (93) were confirmed. In
style' courts and lawyers were not addition, he was critical that the ICTR
available. basically copies the procedures of the
ICTY in the Hague, despite differences
There were four categories of penalties: in cultures, context, and environments.
--25 years to life for planners, He also criticized the ICTR for its venue
supporters of the genocide; zealous far from where the events occurred a
leaders; committers of rape; 'excessive problem for witnesses and victims who
wickedness' of acts. wanted to testify; its inefficiency ( $2
--3 to 25 years for serious billion was spent on only 75 completed
attacks, no deaths resulting; cases); inappropriate cross-examinations
--1 to 7 years for lesser attacks. for rape survivors; and its failure to

15
detect the chain of command or indict attacked the ICTR acquittals, especially
actual organizers. He noted that a for conspiracy to commit genocide.
benefit of the ICTR was its contribution
to the development of international law, Most recently, IBUKA is one of the
especially in the areas of genocide and leading civil society organizations in
rape. Rwanda to call for the BBCs indictment
at the ICC for genocide denial,
During the question period, it was stated because it aired a documentary,
that there are still 50,000 people in Rwanda: The Untold Story in October
detention, including both those waiting 2014. This documentary challenged the
for their hearings and those serving their official narrative of the events of 1994
sentences. As to witness protection, the of the Kagame government.
government established some safe
houses in 2007, but only one per Gacaca has been widely criticized for its
province. lack of due process and fairness,
especially the fact that the accused have
Regarding Rwanda's new laws against no right to an attorney although they can
'hate speech,' there has been a mixed be sentenced to incarceration by the
response; most victims are unhappy with gacaca courts.
the sentences given to offenders, and it is
their perception that minor offenders are ***
sentenced more harshly than inciters or INTERNATIONAL JUSTICE
planners of the genocide.
THE INTERNATIONAL CRIMINAL
Regarding the lack of evidence for COURT (ICC) AND SELECTIVE
acts committed by the accused [within JUSTICE
Western-style proceedings], it was HAGUE CONFERENCE ON THE
pointed out that Rwandan culture is one
ICC
of oral traditions and of respect for a
person's role in the community, On 6 September 2014, Permanent
including familial relationships. The Representative Lennox S. Hinds was a
Gacaca process contains a recognition of keynote speaker at a conference in the
a traditional system in which an accused Hague on the International Criminal
may take the blame for an act so as to
Court. The conference was called The
keep peace within the entire
community. ICC Institution of Evenhanded Justice
or Willing Weapon of Western
Editors Note: Founded in 1995, Recolonization? It examined the failure
IBUKA is one of the leading Rwandan of the ICC to apply the rule of law to
state-sponsored organizations of every State Party, and its persistent
genocide survivors which serves as a policy of focusing almost all
vehicle for the Rwandan Patriotic Front investigations and all prosecutions on
(RPF), led by President Paul Kagame. situations in Africa. Specifically, it
IBUKA has prepared ICTR examined the ICC's sole prosecutorial
Prosecution witnesses, and has virulently focus on Africa; the legal conflicts of
interests in the Rome Statute regarding

16
the role of the UN Security Council and event, sponsored by the Africa
the ICC; the political nature of Committee, New York City Bar
international prosecutions, a case study Association. The discussion focused on
of the Charles Taylor trial; the ICC's the AUs relationship with the ICC,
refusal to investigate Israeli War Crimes
specifically the impact of its position
and crimes against humanity; the role of
granting immunity to heads of state.
the USA in determining ICC
The Panel, moderated by Professor
prosecutions while simultaneously
Jennifer Trahan, New York University,
avoiding indictment for its own criminal
Panelists included former Ambassador to
acts; how ICC funding provisos
the U.N. for Uganda Adonia Ayebare, a
eliminate the voice of developing
Senior Advisor to the Permanentt
countries in determining who gets
Observer Mission to the United Nations
prosecuted; the proposal for African
for the African Union; Stephen Arthur
countries to withdraw from the ICC.
Lamoy, Coalition for the International
This Conference was organized by the criminal Court; Elise Keppler, Human
December 12th Movement International Rights Watch and Karen Mosotti, ICC
Secretariat and the International Liaison Office Head to the UN.
Association Against Torture. It focused
Dr. Ayebare emphasized that the African
on the mobilization of grass roots
Union agrees on the core ICC principles,
organizations on the issues. One of the
but disagrees on its approach,
hosts of the Conference was a group
specifically it indictment only of African
from Surinam.
leaders. He emphasized African
The Conference was a follow up to the ownership of criminal jurisdiction.
International Peoples Tribunal at Editors Note: At the 23rd Ordinary
Columbia University, in January 2012, Session of the AU in Malabo in June
where Hinds and other international 2014, the AU adopted a new protocol to
judges made findings on crimes extend the African Court of Justice and
committed against Libya (2011); former Human and Peoples Rightss
President of Haiti Jean Bertrand Aristide
jurisdiction to over 14 international
(2004); Col. Muammar Gaddafi (2011);
crimes, including genocide, crimes
and the continuing oppression of African
against humanity, war crimes, piracy,
people in the United States. In January
corruption, mercenaries, money
2014, a second Tribunal focused on the
laundering, unconstitutional changes of
ICC, and the human rights violations in
government, illicit exploitation of
Libya, Hati, Cote dIvoire and the US. minerals, dumping of toxic chemicals
and corporate greed while providing
***
immunity for sitting leaders and other
THE ICC AND AFRICA: senior officials.
LEGITIMATE CONCERNS? At the panel, Dr. Ayebare said he was
SELECTIVE JUSTICE? IMPUNITY unsure of the AUs position on immunity
AND THE WAY FORWARD? for sitting heads of state, but stressed
that Africa and its leadership were
On 17 April 2014, Alternate
changing.
Representative Beth Lyons attended this

17
On the immunity question, the Human CONGRATULATIONS TO IADL
Rights Watch representative expressed ALTERNATE REPRESENATIVE IN
the strongest opposition to the concept, GENEVA LILIAN HOFMEISTER
and questioned the jurisdictional ELECTED TO CEDAW
relations between the ICC and domestic COMMITTE
courts.
On 26 June 2014, IADL Alternate
Editors note: At the time of the Representative Lilian Hofmeister was
production of this Bulletin in mid- elected to the Committee on the
October 2014, the ICC is deciding Eliminiation of Discrimination Against
whether/how to proceed with the case Women The Committee is composed of
against President Kenyatta. He appeared 23 experts. Twelve new members were
for his Status Conference as an elected.
individual, after appointing Deputy
President William Ruto as Acting Lilian begins her term in January 2015.
President while he was in the Hague. Lilian received the 3rd highest amount of
votes from States Parties, following the
.
candidates from Cuba (who received the
highest amount) and Turkey (who
received the 2nd highest amount).

In addition to Lilians vigorous lobbying


with State Parties, her campaign was
UPCOMING ACTIVITIES supported by IADL. IADL President
Jeanne Mirer circulated a letter
addressed to NGOs, in support of
The 13th Session of the Assembly of Lilians candidacy. The letter was
States Parties (ASP) will be held at drafted by Alternate Represenative Beth
UN Headquarters in New York, 8-17 Lyons and Permanent Represenative
December 2014. More information is Evelyn Duermayer.
available at
http://coalitionfortheicc.org/. One of The CEDAW Committee monitors the
the important agenda issues is the implementation of the Convention on
election of ICC judges. Please see, the Elimination of All Forms of
Report of the Advisory Committee on Discrimination against Women
Nominations of Judges on the work (CEDAW). The Committee's mandate
of its third meeting, September 2014 and the administration of the treaty are
at http://www.icc- defined in the Articles 17 to 30 of the
cpi.int/iccdocs/asp_docs/ASP13/ICC- Convention. The Committee is
ASP-13-22-ENG.pdf composed of 23 experts nominated by
their Governments and elected by
secret ballots by the States parties, as
individuals "of high moral standing and
competence in the field covered by the
Convention" (womens rights). The
members of the Committee are elected

18
for a term of four years. It is important
to highlight that Committee members Countries which have become a party to
serve in their personal capacities, and the treaty (States Parties) are obliged to
not as representatives of the States submit regular reports to the Committee
parties, which present their (at least every four years) in which they
candidature. indicate the measures they have adopted
to give effect to the provisions of the
RECEPTION FOR LILIAN Convention. Under article 18 of the
HOFMEISTER Convention, the CEDAW is tasked with
the review of the reports of States parties
On 15 September 2014, the Austrian submitted in. This review occurs during
Minister for Education and Womens the annual session of the CEDAW where
Affairs Gabriele Heinisch-Hosek hosted the Committee members discuss these
an impressive reception, reports with the Government
honoring Lilian Hofmeisters election to representatives and explore with them
the CEDAW Committee. areas for further action by the specific
The Minister introduced the work done country. The Committee also makes
and the progress made since the general recommendations and
ratification of CEDAW (1982) and the suggestions to the States parties on
electionn of Lilian Hofmeister on 26 matters concerning the elimination of
June 2014. discrimination against women. Recently,
. the Committee has examined the reports
Lilian Hofmeister replied by supposing of Mauritania concerning its
that this gap is a state secret and recalled implementation of the provisions of the
in a very straightforward and humorous Convention.
way the path from her official
appointment by the Austrian government On 22 December 2000, the Optional
her election. She insisted on the most Protocol to the Convention was
important role played by NGOs in entered into force. It empowers the
supporting her candidacy. Committee to consider complaints
submitted by individuals or groups of
individuals alleging violations of the
BACKGROUND ON THE Convention in States parties to the
CONVENTION (CEDAW) Convention and the Optional Protocol.
Also under the Optional Protocol, the
The Convention was adopted on Committee, of its own, is entitled to
December 18, 1979 by the United inquire into grave or systematic
Nations General Assembly. There are violations of the Convention that might
99 signatories and 188 States Parties. have occurred in States parties. As
The United States signed the theses procedures are optional they
Convention in 1980, but has not yet concerned only the States that
ratified it. See accepted them. The text of the
treahttps://treaties.un.org/Pages/ViewDet Convention and the Optional Protocol
ails.aspx?src=TREATY&mtdsg_no=IV- are available on the OHCHR website:
8&chapter=4&lang=enty for more http://www.ohchr.org/EN/Pages/Wel
information about each country. comePage.aspx

19
On the occasion of its 58th session the well as the IADL Congress Activities in
Committee, held in Geneva, a halfday respect to the Commission 10 on the
general discussion on girls/womens Struggle for Gender Equality and
right to education (article 10 of the Against Discrimination and the
Convention). The general discussion Womens Caucus. My written report
was organized by OHCHR with was included in the minutes of the
support from UNICEF and aimed at meeting.
commencing the Committees process
of elaborating a "General At the 24 April 2014 meeting, possible
Recommendation on girls/womens side events at the annual regular session
right to education". of UNODC (mid-May 2014) were
announced.
Recently, the Committee adopted, for
instance, decisions concerning a denial --One side event co-sponsored by the
of asylum application in the Netherlands Austrian EU Mission, was on the topic
(http://www.worldcourts.com/cedaw/eng The international legal framework
/decisions/2014.02.17_N._v_Netherland surrounding victims protections"
s.pdf) or a child custody dispute in with an introduction by Ilona Graenitz (
Denmark.(http://www.worldcourts.com/ chairperson of the Vienna NGO CSW)
cedaw/eng/decisions/2013.10.18_K.D.A. and on the " The human right of victims
-A._v_Denmark.pdf). of crimes to be protected."
Comments were made by Abdu Katuntu
(MP Uganda) on the protection of
victims under the Rome Statue of the
International Criminal Court, Ugandas
REPORT ON U.N. implementing legislation and practice"
ACTIVITIES IN VIENNA, and by IADL Alternate Delegate Lilian
by Evelyn Duermayer, IADL Hofmeister on " Protection of victims of
Permanent Representative in Vienna crime and violence: focus on women."

On 4 April, I was invited for the first --The second side event concentrated on
time - by the newly appointed director of cyber-mobbing, cyber-bullying and
the Vienna Bar Association, Walther cyber-harassment. These have become
Gatterbauer, to introduce the IADL serious problem for young people, in
activities (and those of ELDH) regarding particular, girls. Tejal Jesrani (UNODC)
the 4th Day of the Endangered Lawyer gave the most recent data; Roswitha
(24 January 2014). I focused Roth(Austria), a psychologist from
particularly on the situation of lawyers in the University in Graz, analyzed the
Columbia and Turkey. phenomenon and the various definitions
and to whom young people address
VIENNA NGO COMMITTEE ON themselves when they are victims ( if
CSW they do): to teachers, to parents but
mostly to their friends; and Emmanuel
At the 5 April 2014 meeting, oral Wackenheim ( Austria), a law student
reports from CSW 2014 were presented. from the University Vienna, introduced a
I reported on CSW 2014 activities, as new project, "Vienna Legal Literacy

20
Project" focusing on workshops for November 2014). The Report will note
school pupils between 15 - 18 to give 1) progress in combating trafficking; 2)
them information of various legal zero tolerance against abuses in
possibilities to prevent and to fight diplomatic households 3) issue a code of
against cyber mobbing (criminal law, conduct; and 4) announce a revision of
civil law). the internal OSCE regulations.

At the 18 September 2014 meeting, an Krystyna Kangaspunta (UNODC)


oral statement for the UNODC reminded us that the report is using the
Conference 6-10 October 2014 in authorized information from the Member
Vienna was adopted. The statement will States and there seems to be
be read in a plenary session and in a improvements in legislation,
smaller group, which is preparing a nevertheless, differentiating that only in
written statement for CSW 2015. I am 9 countries there is no specific
part of the smaller group. legislation. She noted that there are
more child victims in Africa and the
Middle East since 2003 and the
MEETING WITH JUDGE increased awareness of forced labour (
KOLLAPEN 70% men), a change from sexual
exploitation but there is no explanation,
On 26 June 2014, I met at the Vienna why this is a new trend.
Afro-Asian Institute with Judge Jody
Naradon Kollapen from the Republic of Roger Plant (UK), an independent
South Africa. He spoke on the question: expert, remarked that 90% of the
"Is Human Rights rainbow still vivid exploited in forced labour are found in
after 20 years?" As a Judge at the High the private sector where the profit
Court in Pretoria he presented a very amounts to 150 Billion USD. He noted
open, critical and substantive report on that there should be an extension to the
the achievements and on the challenges electric and electronic industry, to
in his country. hospital care and other high risks areas
like food and garment industry. He
*** presented some best practices.

On 26 September 2014, I participated in The NGO Vienna CSW has minutes of


an international round table on all the meetings during this period and
preventing and combating labour papers of the UNODC side event 13
trafficking and exploitation and May 2014. Please contact me if you
multistake-holder guidance and want the documents.
responsibility at the Austrian Federal
Ministry for labour, social affairs and
consumer protection. ***
The OSCE Co- coordinator to combat
trafficking in human beings Madina
Jarbussoynova (Kasachstan) announced
an OSCE report (to be published in

21
REPORT ON IADLS U.N. http://www.ijdh.org/2014/06/topics/healt
h/iadl-cetim-statement-on-cholera-at-
ACTIVITIES IN GENEVA human-rights-council/

IADL Permanent Representative to the As we underlined in the statement, this


U.N. in Geneva, Micol Savia was in case is very serious not only for its
Geneva from 9 June 4 July for the 24rd human and environmental impact but
Human Rights Council (10-27 June also for the denial of the right to remedy
2014). In July, she submitted the to victims. Indeed,
following report. Micol will submit a
full report of her other activities to the the challenges faced by Haitian cholera
Istanbul Bureau meeting. victims in their efforts to enforce their
rights and obtain remedies highlight a
CHOLERA CASE IN HAITI serious gap in the accountability of
international organizations, like the UN,
After a talk in Paris with our colleague for violations of human rights.
Mario Joseph, we decided to coordinate Improving accountability mechanisms
efforts in order to bring the cholera case for international organizations is
to the attention of the Human Rights essential to strengthening protections of
Council, UN Member States and other human rights and ensuring that victims
relevant stakeholders. In Brussels Mario have access to remedies when violations
introduced me Katharina Rall, legal occur.
fellow at the Institute for Democracy and
Justice in Haiti (IJDH). Since then I The oral intervention, translated by
started an efficient collaboration with the CETIM into French, aroused the interest
IJDH cholera accountability team of several accreditated NGOs, the press,
(http://www.ijdh.org/cholera/) who some UN personnel and Member States.
provide me with a very precious
assistance and who are reading us in Mario Joseph (BAI) and Brian
copy. Concannon (IJDH) filled a lawsuit
against the UN in October 2013. For
I guess all of you know about this more information see
outrageous case. Overwhelming http://www.ijdh.org/cholera/cholera-
evidence show that the cholera epidemic litigation
in Haiti was caused by UN's
wrongdoing. To date it has killed over
***
8500 people and sickened more then
700,000. The epidemic continues to this
very day but the UN still refuses to take
its responsibility. REPORT FROM UNESCO

On June 30th IADL, together with On 16 May, IADL Representative to


CETIM, delivered an oral statement UNESCO Adda Bekkouche attended a
under Agenda Item 4 (situations that seminar at UNESCO titled Education
requires the attention of the Council). la citoyennet mondiale / Global
See

22
Citizenship Education. His report in lInitiative mondiale du Secrtaire des
English and French follows: Nations Unies pour l'ducation avant
tout (GEFI) lance en septembre 2012.
***
Lducation la citoyennet mondiale
Compte-rendu analytique : permet aux apprenants de tous ges
Ce compte-rendu analytique succinct dacqurir des valeurs, des
peut tre complt par la lecture des connaissances et des comptences qui se
informations sur le site de lUNESCO et fondent sur, et favorisent le respect des
du compte-rendu complet qui en sera droits de lhomme, la justice sociale, la
fait. diversit, lgalit des genres et la
durabilit environnementale, et qui leur
Cette runion-dbat a t organise donne les moyens de devenir des
loccasion du lancement de la citoyens du monde responsables.
publication de lUNESCO ducation LECM donne aux apprenants la
la citoyennet mondiale : prparer les possibilit dexercer leurs droits et de
apprenants aux dfis du 21me sicle . sacquitter de leurs obligations afin de
Version existante seulement en anglais, promouvoir un monde et un avenir
celle en franais sera publie meilleurs pour tous, ainsi que les
prochainement comptences ncessaires pour y
(http://unesdoc.unesco.org/images/0022/ parvenir.
002277/227729E.pdf).
Laction de lUNESCO dans le domaine
Cet vnement tait organis par le de lducation la citoyennet mondiale
secteur de l'ducation de l'UNESCO en repose sur trois volets :
coopration avec la Dlgation
permanente de lAutriche auprs de - le dialogue sur les politiques relatif
lUNESCO ainsi quavec des tats lagenda pour lducation post-2015 ;
membres des diffrents groupes - la fourniture de conseils techniques sur
rgionaux. lECM et la promotion de pdagogies
transformatives ;
Les prsentations et discussions ont - une fonction de centre dchange
port sur les conditions permettant dinformation.
l'ducation la citoyennet mondiale.
La rencontre a runi plus de 100 Pour en savoir plus:
personnes de plusieurs pays, http://www.unesco.org/new/fr/unesco/ev
reprsentant leurs diplomaties, ents/all-
ducations nationales, universits et events/?tx_browser_pi1[drs_swordstosh
organismes de recherche scientifiques et ort]=%C3%A0%2C%20la&tx_browser_
organisations de la socit civile. pi1[showUid]=28503&cHash=f64dcd7f
09
Lducation la citoyennet mondiale
(ECM) est lun des domaines daction Lors des dbats, les organisations, quelle
stratgiques du Programme de que soit leur nature, sont invites
lUNESCO pour lducation (2014- participer cette dmarche et seront
2017) et lune des trois priorits de

23
informes via les moyens de representing their diplomacy, national
communications de lUNESCO. educations, universities and scientific
research organizations and civil society.
Durant ces dbats, je suis intervenu en
tant que reprsentant de lAIJD et jai Global citizenship education (GCE) is
relev, linstar dune universitaire one of the strategic areas of work for
libanaise, que la rfrence une UNESCOs Education Programme
citoyennet mondiale est quivoque, (2014-2017) and one of the three
alors quune citoyennet internationale priorities of the UN Secretary-Generals
ou universelle serait plus approprie. Jai Global Education First Initiative (GEFI)
galement propos quil soit fait launched in September 2012.
rfrence la Charte des Nations Unies
et la Dclaration universelle des droits Global Citizenship Education equips
de lhomme et du citoyen. Ce qui, par learners of all ages with those values,
cette filiation, ne donnerait que plus knowledge and skills that are based on
d'importance cette initiative. and instil respect for human rights,
social justice, diversity, gender equality
*** and environmental sustainability and that
empower learners to be responsible
Summary record: global citizens. GCE gives learners the
This brief summary record can be competencies and opportunity to realise
supplemented by reading the information their rights and obligations to promote a
on the website of UNESCO and the full better world and future for all. More
report that will be made.
UNESCOs work on GCE is guided by a
Panel discussion on the occasion of the three-pronged approach:
launch of UNESCO Publication Global
Citizenship Education: Preparing policydialogueinconnectionwiththepost
Learners for the Challenges of the 21st 2015educationagenda
Century : providing technical guidance on GCE and
http://unesdoc.unesco.org/images/0022/0 promotingtransformativepedagogies
02277/227729E.pdf Clearinghousefunction.

The event was organized by UNESCO More:


Education Sector in cooperation with the http://www.unesco.org/new/en/unesco/e
Austrian Permanent Delegation to vents/all-
UNESCO and in partnership with events/?tx_browser_pi1[drs_swordstosh
Member States from different regional ort]=%C3%A0%2C%20la&tx_browser_
groups. pi1[showUid]=28503&cHash=f64dcd7f
09
Presentations and discussions at the
seminar will center on the enabling During the discussion, all organizations,
conditions for global citizenship governmental or non-governmental, are
education (GCE). invited to participate in this process and
Panel discussion attracted over 100 will be informed via the communication
people from several countries, means of UNESCO.
During these discussions, I spoke as a

24
representative of the IADL and I
noticed, as a Lebanese academic, that the
reference to global citizenship is
ambiguous, then an international or
universal citizenship would more
appropriate. I also proposed that
reference be made to the United Nations
Charter and the Universal Declaration of
Human Rights. Through this affiliation,
would give more importance to this
initiative.

SAVE THE DATE: COLAP VI will take place at Kathmandu on the


25-27 June 2015. A meeting of the Preparatory Committee was
held on 10-11 October 2014 at Kathmandu.

The IADL U.N. Activities Bulletin is prepared under the direction of the Permanent
Representative to the U.N. in New York, Prof. Lennox S. Hinds. This issue was
edited and produced by Beth Lyons. Reports were contributed by Adda Bekkouche,
Tareq G. Brown, Evelyn Durmayer, Claire Gilchrist, Dana Heitz, Marine Leclinche,
Beatrice Lindstrom, Beth Lyons and Micol Savia, . This Bulletin was produced in late
October 2014.

25
CALENDAR OF UN ACTIVITIES AT UN CENTRES
(events after 10 December 2014 are available at
http://conf.un.org)

November 2014
. Committee against Torture, Fifty-third session Geneva 3 - 28
November
. Second United Nations Conference on Landlocked Developing Vienna 3-5
Countries November
. Commission on Narcotic Drugs, Subcommission on Illicit Drug Vienna 10 - 13
Traffic and Related Matters in the Near and Middle East, Forty- November
ninth session
. Committee on Economic, Social and Cultural Rights, Fifty-third Geneva 10 - 28
session November
. Committee on the Elimination of Discrimination against Women, Geneva 10 - 14
pre-sessional working group, Sixty-first session November
. Conference of the High Contracting Parties to Protocol V to the Geneva 10 - 11
Convention on Prohibitions or Restrictions on the Use of Certain November
Conventional Weapons Which May Be Deemed to Be Excessively
Injurious or to Have Indiscriminate Effects
. Human Rights Council, open-ended intergovernmental working Geneva 10 - 14
group on the rights of peasants and other people working in rural November
areas, Second session
. UNCITRAL, Working Group IV (Electronic Commerce), Fiftieth Vienna 10 - 14
session November
. United Nations Pledging Conference for Development Activities New York 10
November
. WFP, Executive Board, Second regular session Rome 10 - 14
November
. Annual Conference of the High Contracting Parties to Amended Geneva 12
Protocol II to the Convention on Prohibitions or Restrictions on the November
Use of Certain Conventional Weapons Which May Be Deemed to
Be Excessively Injurious or to Have Indiscriminate Effects,
Sixteenth annual conference
. Annual meeting of States parties to the Convention on Prohibitions Geneva 13 - 14
or Restrictions on the Use of Certain Conventional Weapons Which November
May Be Deemed to Be Excessively Injurious or to Have
Indiscriminate Effects
. Committee against Torture, Subcommittee on Prevention of Torture Geneva 17 - 21
and Other Cruel, Inhuman or Degrading Treatment or Punishment, November
Twenty-fourth session
. Disarmament Commission, Organizational session New York 17
November
. Economic and Social Council, Substantive session, Coordination New York 17 - 18
and management meeting November
. Human Rights Council, Working Group of Experts on People of Geneva 17 - 21
African Descent, Fifteenth session November
. Human Rights Council, Working Group on Arbitrary Detention, Geneva 17 - 21
Seventy-first session November

26
. IAEA, Board of Governors, Technical Assistance and Cooperation Vienna 17 - 19
Committee November
. UNCITRAL, Working Group I (Micro-, Small- and Medium-sized Vienna 17 - 21
Enterprises), Twenty-third session November
. United Nations Staff Pension Committee New York 19
November
. General Assembly, High-level meeting of the General Assembly on New York 20
the twenty-fifth anniversary of the adoption of the Convention on November
the Rights of the Child
. IAEA, Board of Governors Vienna 20 - 21
November
. United Nations System Chief Executives Board for Coordination, Washington 20 - 21
Second regular session D.C. November
. Committee on the Exercise of the Inalienable Rights of the New York 24
Palestinian People, Special Meeting in Observance of the November
International Day of Solidarity with the Palestinian People
. Human Rights Council, Working Group on the issue of human Geneva 24 - 28
rights and transnational corporations and other business November
enterprises, Ninth session
. United Nations Voluntary Trust Fund on Contemporary Forms of
Slavery, Board of Trustees, Nineteenth session

December 2014
. Committee on Economic, Social and Cultural Rights, pre-sessional Geneva 1 - 5
working group, Fifty-fourth session December
. Conference of the States Parties to the Convention on the Prohibition The 1-5
of Chemical Weapons, Nineteenth session Hague December
. FAO, Council, 150th session Rome 1 - 5
December
. Human Rights Council, Working Group on the use of mercenaries as Geneva 1 - 5
a means of violating human rights and impeding the exercise of the December
right of peoples to self-determination, Twenty-third session
. IMO, Council, 113th session London 1 - 5
December
. Meeting of the States Parties to the Convention on the Prohibition of Geneva 1 - 5
the Development, Production and Stockpiling of Bacteriological December
(Biological) and Toxin Weapons and on Their Destruction
. Subcommittee of Experts on the Transport of Dangerous Goods, Geneva 1 - 9
Forty-sixth session December
. UNCTAD, Working Party on the Strategic Framework and the Geneva 1 - 5
Programme Budget, Sixty-ninth session December
. UNFCCC, Conference of the Parties to the Convention and meetings Lima 1 - 12
of subsidiary bodies, Twentieth session December
. Human Rights Council, Forum on Business and Human Rights, Third Geneva 2 - 3
session December
. UNEP, Committee of Permanent Representatives, 129th meeting Nairobi 2 December
. Ad Hoc Committee of the General Assembly for the Announcement of New 3 December
Voluntary Contributions to the United Nations Relief and Works York
Agency for Palestine Refugees in the Near East (1 meeting)

27
. Commission on Narcotic Drugs and Commission on Crime Prevention Vienna 4 December
and Criminal Justice, Joint meetings of the Commission on Narcotic
Drugs, reconvened
57th session, and Commission on Crime Prevention and Criminal
Justice, reconvened 23rd session
. Commission on Crime Prevention and Criminal Justice, Reconvened Vienna 5 December
twenty-third session
. Commission on Narcotic Drugs, Reconvened fifty-seventh session Vienna 5 December
. Assembly of States Parties to the Rome Statute of the International New 8 - 17
Criminal Court York December
. Panel of External Auditors of the United Nations, the Specialized New 8-9
Agencies and the International Atomic Energy Agency, Fifty-fifth York December
meeting
. Special joint meeting of the Second Committee of the General New 8 December
Assembly and the Economic and Social Council on access to credit- York
rating information
. UNCITRAL, Working Group VI (Security Interests), Twenty-sixth Vienna 8 - 12
session December
. UNU, Council, Sixty-second session Tokyo 8 - 9
December
. Ad Hoc Committee of the General Assembly for the Announcement of Geneva 9 December
Voluntary Contributions to the Programme of the United Nations High
Commissioner for Refugees, Pledging Conference
. United Nations Board of Auditors, Forty-fourth special session (1 New 9 December
meeting) York
. Independent Audit Advisory Committee, Twenty-eighth session New 10 - 12
York December
. Subcommittee of Experts on the Globally Harmonized System of Geneva 10 - 12
Classification and Labelling of Chemicals, Twenty-eighth session December
. UN-Habitat, Committee of Permanent Representatives, Fifty-fifth Nairobi 10
meeting December

UNESCO CALENDAR OF EVENTS IS AVAILABLE AT


http://www.unesco.org/new/en/unesco/events/programme-
meetings/

28
29
30