“We have documented many cases where counter-terrorism legislation and other criminal provisions have been used to harass, arrest, detain and convict civil society actors in Türkiye, including Dr. Fincancı, on spurious grounds”, the experts said in a statement.
Blurred charges
On 26 October, Ms. Fincancı, who helped develop UN reference standards on the investigation and documentation of torture cases, known as the Istanbul Protocol, was arrested at her home on unclear grounds.
Her detainment is believed to be in retaliation for her publicly calling for investigations into the alleged use of chemical weapons and associated deaths involving the Turkish military.
“Dr. Fincancı’s arrest appears part of a deliberate pattern of applying counter-terrorism legislation to discredit human rights defenders and organizations and interrupt their vital human rights and medical work”, they added.
Undermining freedoms
These types of attacks aim to shrink safe civic space, undermine the rule of law, and encroach upon fundamental freedoms and democratic values, according to the Human Rights Council-appointed Special Rapporteurs.
“Human rights defenders and medical practitioners’ ability to speak truth to power must be protected”, underscored the independent experts, stressing that exposing human rights violations is “one of the cornerstones of democratic societies”, and that exercising rights of freedom of expression and association, are “protected rights under international human rights law”.
“Detention pending investigation beyond an initial period of interview is an exceptional measure and must be subject to judicial authorization as to its continuing lawfulness and proportionality”, they reminded.
Call to Türkiye
The Special Rapporteurs urged the Turkish authorities to “immediately and unconditionally” release Ms. Fincancı as well as other civil society actors detained for politically motivated purposes.
They also advocated for access to fundamental safeguards and the protection of defenders mental and physical integrity – both in and outside of detention.
After ratifying, States parties are obliged take all measures to prevent torture and similar ill-treatment or punishment, and to investigate and prosecute related crimes.
Threats of arrest and imprisonment and judicial intimidation cause high levels of distress and anxiety, which could amount to psychological inhumane or degrading treatment or punishment, in violation of international law.
The UN experts have expressed their views on this case with the Government of Türkiye and requested the authorities to immediately take interim measures to protect the mental and physical integrity of Dr. Fincancı and to end the judicial harassment of those who defend the rights of others.
Special Rapporteurs are mandated to examine and report back on a specific human rights theme or a country situation. The positions are honorary and the experts are not paid for their work.
Click here for the names of the Special Rapporteurs who have signed the statement.
The Secretary-General underscored the importance of a free press, which he said is vital to a functioning democracy, exposing wrongdoing, navigating our complex world, and advancing the Sustainable Development Goals (SDGs) – the blueprint for a more just, equitable and greener future.
“On this International Day to End Impunity for Crimes Against Journalists, let us honour our media workers, and stand up for truth, justice and human rights for all,” he said.
Unsolved murders
Despite their critical role, more than 70 journalists have been killed this year alone.
“Most of these crimes go unsolved. Meanwhile, a record number of journalists are incarcerated today, while threats of imprisonment, violence, and death keep growing,” said Mr. Guterres.
Furthermore, a surge in disinformation, online bullying and hate speech, particularly against women journalists, is contributing to the stifling of media workers around the globe.
“Intimidation through the abuse of legal, financial and other means, is undermining efforts to hold the powerful accountable. These trends threaten not only journalists, but society as a whole,” he added.
UNIC Mexico/Antonio Nieto
Patricia Monreal Vázquez has been a journalist since 1996.
Mexico: Violence and silence
Mexico is among the most dangerous places to be a journalist.
Eighteen have been murdered so far this year, according to the UN Educational, Scientific and Cultural Organization (UNESCO), which maintains an online database on judicial enquiries into journalist killings worldwide.
Patricia Monreal Vázquez has been reporting for more than 25 years, and covers issues related to human rights, gender, and electoral and political issues. She is based in Morelia, capital of the western state of Michoacán.
Ms. Monreal said violence against journalists has worsened since 2006, which is when the first cases of journalist disappearances began.
“And this began to discourage, to silence, to generate self-censorship in the media,” she said. ” A total of 14 colleagues were murdered from 2006 to date and six are missing. And nobody has been detained here in Michoacán in any of these cases, except for one.”
‘Even death is not enough’
She believes that this situation, together with adverse working conditions and the lack of development opportunities, have affected the quality of journalism because survival comes first.
“Yes, there is an inhibiting effect, especially at the regional level, and media outlets are being closed due to threats,” said Ms. Monreal.
“It is a very complex situation because it involves families,” she continued, citing the 2017 kidnapping and murder of Salvador Adame, director of a local TV station, as an example.
“He had already been buried, and still the following year his family was expelled from their home. Even death is not enough.”
Groundbreaking action plan
A decade ago, countries endorsed the UN action plan which aims to protect journalists, prevent crimes against them, and pursue their perpetrators.
“This groundbreaking document was adopted to acknowledge the vital work journalists do – for example when they report on conflicts and crises, or when they inquire into the workings of power and investigate corruption and other forms of injustice – as well as the risks they face when doing this,” said Audrey Azoulay, the UNESCO Director-General.
Much progress has been made since the plan’s adoption, she reported, with concrete measures implemented at the national, regional and global levels.
UNESCO has also played a part, including through training nearly 36,000 judicial, law enforcement and security officials on issues such as freedom of expression and the security of journalists, including online.
However, “journalists continue to be killed at an alarming rate”, said Ms. Azoulay. UNESCO data reveals that 955 journalists have lost their lives over the past decade, and 2022 has been the deadliest year since 2018.
In war and peace
Ms. Azoulay called for renewed commitment to protecting journalists everywhere, and at all times.
“This means in situations of conflict and crisis, of course, and UNESCO is supporting journalists in Ukraine and Afghanistan, for instance. It also means in times of peace – for that is when most journalists have been killed in recent years,” she said.
The UNESCO chief further called for stepping up efforts online, where new forms of violence have surfaced, especially targeting women, with three in four women journalists having experienced online harassment.
Opium cultivation in Afghanistan – latest findings and emerging threats, is the first report on the illicit opium trade since the Taliban’s return to power in August 2021.
The authorities banned all cultivation of opium poppy and all narcotics under strict new laws, in April 2022.
Opium is the essential ingredient for manufacturing the street drug heroin, and the class of medical prescription opioids which millions rely on for pain medication worldwide. Opioids have also been increasingly abused, causing widespread addiction issues in countries such as the United States.
This year’s harvest was largely exempted from the decree, said UNODC, and farmers in Afghanistan must now decide on planting opium poppy for next year amid continued uncertainty about how the Taliban will enforce the ban.
Sowing of the main 2023 opium crop must be done by early November this year.
Opiate limbo
“Afghan farmers are trapped in the illicit opiate economy, while seizure events around Afghanistan suggest that opiate trafficking continues unabated,” said UNODC Executive Director Ghada Waly, launching the new survey.
“The international community must work to address the acute needs of the Afghan people, and to step up responses to stop the criminal groups trafficking heroin and harming people in countries around the world.”
According to UNODC findings, cultivation of opium poppies in Afghanistan increased by 32 per cent over the previous year, to 233,000 hectares – making the 2022 crop the third largest area under cultivation since monitoring began.
Hub in Helmand
Cultivation continued to be concentrated in the southwestern parts of the country, which accounted for 73 per cent of the total area, and registering the largest crop increase.
In Helmand province, one-fifth of all arable land was dedicated to opium poppy cultivation.
Income triples
Opium prices have soared following the announcement of the cultivation ban in April. Income made by Afghan farmers from opium sales more than tripled, from $425 million in 2021 to $1.4 billion in 2022.
The new figure is equivalent to 29 per cent of the entire 2021 value of the agricultural sector. In 2021, the farm-gate value of opiates was only worth some nine per cent of the previous year’s agricultural output.
However, the increase in income did not necessarily translate into purchasing power, the UNDP survey notes, as inflation has soared during the same period, with the price of food increasing by 35 percent on average.
Yields down
Following a drought at the start of this year, opium yields declined from an average of 38.5 kilogrammes per hectare (kg/ha), in 2021, to an estimated 26.7 kg/ha this year, resulting in a harvest of 6,200 tons – 10 per cent smaller than in 2021.
The 2022 harvest can be converted into 350-380 tons of heroin of export quality, said UNDP, at 50-70 per cent purity.
Traffickers plough on
Seizure events collected by UNODC´s Drugs Monitoring Platform suggest that opiate trafficking from Afghanistan has been ongoing without interruption since August 2021. Afghan opiates supply some 80 per cent of all opiate users in the world.
Ahead of the two-day meeting, the Committee Chair, Ambassador Ruchira Kamboj of India, spoke to UN News about how terrorists are exploiting social media, mobile payment systems, 3D printing, and other technological developments.
Highlighting the impact on society, she said their “easy accessibility, affordability and almost universal outreach, have unlocked an immense opportunity for mankind, while also exposing vulnerable users to actors with nefarious agendas.”
UN Photo/Eskinder Debebe
Ambassador Ruchira Kamboj of India and Chair of the UN Security Council Counter-Terrorism Committee, briefs journalists at a press conference.
Spreading terrorist propaganda
Ms. Kamboj explained how “the rampant use of social media for terrorist purposes to spread terrorist propaganda”, was particularly exposed during the COVID-19 pandemic.
Terrorist groups took advantage of young people’s increased presence online during the crisis “to spread their propaganda and distorted narratives to recruit and raise funds for terrorist purposes,” she said.
Beyond the Internet and social media, other innovations that benefit society – such as artificial intelligence, robotics, and synthetic biology – are also sparking concerns because they can potentially be used for terrorist aims.
Attacks involving unmanned aircraft systems (UAS), such as drones, are now being reported in many conflict zones, further complicating their legitimate use.
Two sides of the same coin
Ms. Kamboj expects that at the meeting, UN Member States and experts from the private sector, academia, and civil society, will discuss best practices to “share information to detect and prevent acts of terrorism, bring perpetrators to justice, and to support victims of terrorism.”
This interview has been edited and condensed for publication.
UN News: What inspired the theme for this special meeting? Are there any figures showing the increased use of new technologies by certain groups, or were there any specific incidents that sounded the alarm over the relevance of these new methods?
Ruchira Kamboj: The use of new and emerging technologies for terrorist purposes is an issue of increasing concern. Member States already face a significant and growing threat from the exploitation of the Internet and social media platforms to facilitate a wide range of terrorist activities.
Terrorists are taking advantage of online spaces to build networks, procure weapons and garner logistical and financial support.
Further issues of concern are the use of emerging payment methods – such as pre-paid cards and mobile payments, or virtual assets and online funding methods such as crowdfunding platforms – for terrorist purposes. There is also the potential for use of emerging technologies to include unmanned aircraft systems (UAS), artificial intelligence, robotics, synthetic biology, self-driving cars, and 3D printing, to further terrorist aims.
We have to remember, of course, that technology is used for good. Many of the technologies I just mentioned are also incredibly useful tools and communication services used by a large percentage of the global population.
The Security Council has focused attention on addressing new technologies in a number of counter-terrorism resolutions focused on law enforcement and border control, aviation security, and the protection of critical infrastructure and soft targets.
The Council’s most recent resolution on counter-terrorism, Resolution 2617 of December 2021, specifically refers to other emerging technologies, giving notice to the increasing threat posed by their use for terrorist purposes. In this resolution, the Council notes with concern the increasing global misuse of UAS by terrorists to conduct attacks and acknowledges the need to balance fostering innovation and preventing misuse of use as its applications expand.
UN News: What are the main results that the meeting hopes to achieve?
Ruchira Kamboj: The special meeting will provide an opportunity to discuss how new technologies are currently exploited for terrorist purposes, as well as how the terrorist threat from this exploitation is likely to evolve and grow as new technologies are developed and taken up by all kinds of users.
The discussions would additionally focus on ways in which States and other relevant actors can strengthen their engagement and cooperation with each other in countering the use of new and emerging technology for terrorist purposes, including the financing of terrorism.
As ever, when examining terrorism and counter-terrorism responses, human rights and gender dimensions are crucial components of the conversation.
A key result is to understand how States are responding to these evolving threats in a manner that complies with their human rights obligations, and to encourage all our partners to ensure that human rights are respected as we seek to keep pace with ever-evolving technologies.
UN News: What are the Committee’s main recommendations for Member States to assess the issue of new tech and terrorism?
Ruchira Kamboj: The use of new and emerging technologies to prevent and counter terrorist activities can be a very effective and powerful tool if employed while fully respecting international human rights law. The purpose of the meeting is to learn from the experience of Member States how to strike the right balance.
UN News: Will discussions also examine how other sectors, such as financial markets and private companies, can take action to mitigate the issue?
Ruchira Kamboj: The answer to that is a ‘yes’. The special meeting will provide an opportunity for participants to focus on what steps could be taken to further develop and utilize public-private partnerships, explore safety by designing good practices, and create oversight, transparency and accountability mechanisms.
We are especially looking to hear from our private sector, academia, and civil society partners what initiatives they are working on in this regard.
Private sector actors as well as Member States have also increased the use of digital technologies to identify, prevent and halt the financing of terrorism via online methods. When used responsibly and consistent with international law, technology can facilitate data collection, processing and analysis, and help actors identify and manage terrorist financing risks more effectively and closer to real time.
The practices of data pooling and collaborative analytics can help financial institutions better understand, assist and mitigate money laundering and terrorism financing risks. There are also a number of positive uses for UAS to counter the movement of terrorists across borders, thwart terrorist operations, and secure public spaces and major events.
There are also a number of technologies being deployed to prevent UAS from being used for terrorist purposes.
UN News: Considering the assessments done by the Committee, what are the most harmful impacts on civilians of the use of these new methods, especially with regard to social media?
Ruchira Kamboj: Easy accessibility, affordability, and almost universal outreach of new and emerging technologies, on the one hand, have unlocked immense opportunities for mankind, while on the other hand has also brought them together in a close-knit environment, particularly exposing vulnerable users to actors with nefarious agendas.
For example, during the pandemic, the heightened online presence of youth has been exploited by terrorist groups to spread their propaganda and distorted narratives to recruit and raise funds for terrorist purposes.
We have seen rampant use of social media for terrorist purposes to spread terrorist propaganda. So, the easy access, availability, affordability, and universality of new and emerging technologies have impacted every section of society.
On the other hand, extensive application of counter-terrorism measures has also raised serious concerns.
Experience has shown that indiscriminate use of technologies to counter terrorism can alienate populations and negatively affect violent extremism and counter-terrorism efforts. The UN consistently promotes a holistic, all-of-society and comprehensive approach to address the many challenges that arise around countering terrorism and violent extremism conducive to terrorism online. Civil society organizations, academia and private sector entities have important roles to play in this regard.
UN News: Given the current scenario, is the Committee optimistic that the Security Council will reach a final agreement?
Ruchira Kamboj: Well, there is not necessarily any final agreement to be reached when it comes to preventing the use of new and emerging technologies for terrorist purposes.
Given the trajectory of technological development driven by science, curiosity, profit and users, there is no obvious end in sight to what could be created. And that means there is no predictable end stage for what we do on the evolving terrorist landscape as any technology has the potential to be misused.
Each member of the Security Council and its Counter-Terrorism Committee is committed to an approach to countering terrorism that respects the rule of law in compliance with their obligations under international law.
And to that end, the Committee and the Council remain seized of the issue and will continue to operate to fulfill the mandates as given under the various Security Council resolutions on counter-terrorism.
UNODC chief Ghada Waly said there were around 3,500 victims of terrorist acts in sub-Saharan Africa last year, nearly half of those recorded worldwide.
The vast Sahel region in particular has become home to some of the most active and deadly terrorist groups, and it is essential to gain more understanding of the links between organised crime and terrorism, through rigorous data collection, she added.
The evidence is there that the illegal exploitation of precious metals and minerals such as gold, silver and diamonds, are fuelling the extremists with significant sources of income, and benefitting the groups that control extraction, and trafficking routes.
She said based on UNODC research, “we have established that illegally mined gold and other precious metals are being fed into the legitimate market, providing huge profits for traffickers.”
Wildlife trafficking has also been reported as a possible source of funding for militias, she added, with the illegal trade in ivory alone generating $400 million in illicit income each year.
Millions exploited
With a population of around 1.3 billion, almost 500 million Africans were living in extreme poverty during 2021, she told ambassadors.
“This criminal exploitation strips the people of Africa of a significant source of revenue. It robs the millions of people who depend on these natural resources for their livelihoods. And it fuels conflicts and exacerbates instability.”
The climate emergency and the COVID-19 pandemic have also wreaked havoc on already fragile economies across Africa, and illicit trafficking only serves to further jeopardize development and wind back progress on the Sustainable Development Goals.
She said sustainable development would be impossible without peace and stability for the continent, noting that UNODC is “the guardian” of the UN Convention against Transnational Organized Crime, the main international bulwark against the black marketeers.
Battling the networks
“We support member countries to put in place the policies, legislation, and operational responses required to better address terrorist threats…In 2021 alone, we implemented 25 counter-terrorism projects in Sub-Saharan Africa, with over 160 activities delivered, and trained 2,500 people.”
She told the meeting that in the Sahel today, the UN training workshops are being organized with The UN Interregional Crime and Justice Research Institute, to strengthen the understanding and skills of criminal justice officials to work across agencies, share intelligence, and “bring down terrorist networks and those who fund them.”
UNODC also supports ten countries across the Sub-Saharan region to improve their frameworks to counter terrorist financing and money laundering – including in the Central African Republic (CAR), Chad, the Democratic Republic of the Congo (DRC), Niger, and Somalia.
Ms. Waly said UNODC was also working to strengthen inter-agency coordination among intelligence services, law enforcement, financial intelligence units and prosecutors.
She said that conflict zones in Africa were being disproportionately affected by illegal mining and trafficking in precious metals.
“Mineral supply chains are often linked to child abuse, human trafficking, forced labour and other human rights violations. With 60 percent of Africa’s population under 25 years of age, young people are both the future of the continent but also its most vulnerable citizens.”
But she said once empowered, young people can become powerful change agents: “They can create a better future and advocate on behalf of themselves and their communities and protect their natural resources.”
Empowering youth
Ms. Waly said she was especially proud of UNODC’s youth-driven, Peace-building project, which in partnership with UNESCO, empowers young people to become ‘weavers of peace’ in the cross-border regions of Gabon, Cameroon, and Chad.
The aim, she said, was to create a network of 1,800 young “weavers of peace”. To enable them to become actors in conflict prevention and peace-building in cross-border regions, and identify alternative ways of making a living for those in vulnerable cross-border communities.
Defund the terrorists
“UNODC remains fully engaged to support Africa’s fight against the criminal trade in wildlife and natural resources”, she assured ambassadors, adding that she welcomed the engagement of the Council, “to the growing concerns that these illicit revenues are financing terrorist activities and armed groups.”
She said the UN’s crime fighting effort was ready to assist all African in securing their “right to peace, stability, justice and prosperity – for today and future generations. Leaving no money for terrorists. Leaving no one behind.”
Opening statements in the case against Félicien Kabuga are set for Thursday and Friday at the UN’s International Residual Mechanism for Criminal Tribunals (IRMCT), located in The Hague.
According to his indictment, Mr. Kabuga was a founder of the radio station Radio Télévision Libre des Mille Collines, whose broadcasts furthered hatred and violence against the Tutsi ethnic group and others.
He is charged with genocide, direct and public incitement to commit genocide, conspiracy to commit genocide, persecution on political grounds, extermination, and murder as crimes against humanity.
Prevention and accountability
“Our collective commitment not to forget constitutes a commitment to prevent” said UN Special Adviser on Genocide, Alice Wairimu Nderitu, in a statement issued on Wednesday.
“Accountability is prevention in itself and hence a deterrent for future crimes,” she added.
Ms. Nderitu said fair and credible judicial proceedings can also provide victims with a form of redress for the gross and systematic violations of human rights and humanitarian law that they have endured.
They can also help prevent and address feelings of frustration and bitterness, and the possible desire for retaliation.
However, when justice is not served, lingering perceptions of injustice can become a risk factor for further violence and possibly, atrocity crimes, she warned.
Collective responsibility
The Special Adviser commended the important work by the UN Mechanism on ensuring accountability for serious international crimes, including in the context of Mr. Kabuga’s alleged role in the genocide against the Tutsi in Rwanda, during which moderate Hutu, Twa and others who opposed the genocide, were killed.
Ms. Nderitu stressed that hate speech contributes to mistrust between communities. It also feeds what she called “an ‘us versus them’ narrative” and corrodes social cohesion between communities. In its most serious forms, hate speech can lead to incitement to violence and even genocide.
She said commitment to prevent atrocity crimes requires all relevant stakeholders to take appropriate measures against hate speech and incitement to discrimination, hostility, or violence.
“Literally all atrocity crimes were preceded by hate speech. Hence, it is our responsibility to pay particular attention to this phenomenon if we are really committed to prevent atrocity crimes,” she added.
Support UN Mechanism
Mr. Kabunga was apprehended in Paris in May 2020 by French authorities as a result of a joint investigation with the IRMCT.
At the time, he was among the world’s top fugitives, and had been wanted by the UN Mechanism since 2013.
The IRMCT performs essential functions previously carried out by the international tribunal for Rwanda, which closed in December 2015, and another for the former Yugoslavia, which concluded two years later.
Ms. Nderitu further called for countries to continue to fully cooperate with the IRMCT in the identification, arrest, detention, surrender, and transfer of accused persons who are still at large.
She also urged the international community to step up efforts to address and counter hate speech, and prevent incitement to violence, in line with the UN action plans.
Alongside the deaths, during the opposition rally protesting military rule on 28 September, women and girls were raped, after security forces blocked off exits to the stadium in Conakry, before opening fire. Some protesters were shot dead, or brutally attacked with knives, while others were trampled to death.
#ICC Prosecutor #KarimAAKhanKC addresses survivor groups & others at courtroom in Conakry, #Guinea ahead of opening of trial addressing alleged crimes committed in September 2009. “On this important day, I applaud the people of Guinea, the survivors & those who lost loved ones.” pic.twitter.com/VNDXIKAFet
UN Secretary-General António Guterres said he took note of the start of the trials, saying the families of the dead and those who witnessed the events that day, “have waited for justice for so many years.”
Support for justice
In a statement issued by his Spokesperson, Mr. Guterres reaffirmed the commitment of the UN to support efforts aimedat upholding justice and accountability.
“He calls on the authorities to ensure that the trials are conducted in accordance with due process of law, so that perpetrators are held accountable, and victims receive reparations.”
Guinea’s former military ruler, Moussa Dadis Camara, is in the dock, along with ten other officials, all charged with having responsibility over the soldiers who allegedly carried out the massacre and other crimes on the day.
“The Secretary-General calls on the authorities to further ensure that human rights are respected throughout the country’s political transition process”, said the statement. “He reiterates the solidarity and support of the United Nations to regional efforts to accompany a return to constitutional order in Guinea.”
‘Sexual mutilation and slavery’
The acting UN human rights chief, Nada Al-Nashif, also welcomed the start of proceedings, noting that many of the 156 who disappeared or were killed during what had been a peaceful rally, had been tortured to death, with their corpses buried in mass graves.
The head of OHCHR added that at least 109 girls and women had suffered sexual violence, “including sexual mutilation and sexual slavery.”
The UN Commission of Inquiry in 2009, concluded that there was a “strong presumption that crimes against humanity were committed” and that “there are reasonable grounds to suspect individual criminal responsibility”.
13-year wait
“Victims and relatives have been waiting for 13 years for truth, justice and reparations. Today’s opening of this long-awaited judicial process is a crucial step for Guinea in its fight against impunity,” Ms. Al-Nashif said.
In the aftermath of the events, the UN Commission of Inquiry with the support of the UN Human Rights Office was mandated to establish the facts and circumstances of the event, and to identify those responsible and make recommendations.
“Since 2009, we have been advocating for fair and independent trials. We call on all the authorities involved to ensure that this important trial is conducted in a victim-sensitive manner, and in accordance with international standards and due process,” the acting High Commissioner added.
“Accountability is essential for wounds to heal and for reconciliation,” she stressed.
‘Only the beginning’: ICC Prosecutor
The Prosecutor of the International Criminal Court (ICC), Karim Khan, addressed survivor groups and others in the courtroom on Monday in Conakry, before proceedings began, and said “on this important day, I applaud the people of Guinea, the survivors, and those who lost loved ones.”
The start of the trial, “is only the beginning”, he added. “My office will be watching closely. Presumption of innocence is critical for justice. This trial rests not only on the shoulders of the judges and parties. It is the collective responsibility of the people of Guinea.”
Despite commitments and measures taken by the government, the human rights situation there has not changed in a substantial and sustainable way, said Fortuné Gaétan Zongo, who was appointed on 1 April as Special Rapporteur on the situation of human rights in Burundi.
“It is crucial and urgent to initiate reforms and a credible and inclusive democratization process in Burundi to avoid a recurrence of past cycles of violence,” he said, presenting his first report to the Human Rights Council.
In his report, the expert recalled the obligation of accountability since the 2015 crisis and called for deeper institutional reforms.
In 2015, sitting President Pierre Nkurunziza, decided to run for a controversial third term, sparking mass protests and a failed failed coup. Years of violent repression followed, including mass arrests, detentions, executions, torture and intimidation. Hundreds of thousands were displaced.
Following elections in 2020, political violence decreased, but widespread abuses continued, the UN Commission of Inquiry on Burundi reported last year.
Selective prosecutions
The Special Rapporteur stressed that in its 2018 Universal Periodic Review, Burundi accepted recommendations to combat impunity, and agreed to establish a transparent and fair judicial system in line with international standards.
Recommendations also included adopting priority measures to stop human rights violations, provide reparations, and implement the guidance of treaty bodies, special procedures and the Commission of Inquiry on Burundi.
However, while noting the beginning of efforts to prosecute perpetrators of human rights violations, he expressed concern over the selective impunity in prosecuting alleged perpetrators of serious violations in favour of focusing instead on common crimes.
“The few cases of complaints of serious violations have rarely resulted in impartial investigations, and even more rarely in the prosecution and conviction of perpetrators, which in itself is a violation of the right to an effective remedy,” said Mr. Zongo.
The UN expert recalled that truth commissions must not only be independent but be perceived as such by all involved, to consolidate peace and reconciliation.
He was disappointed by the limited progress so far of transitional justice measures, particularly regarding accountability, reparations, land restitution, together with security and justice sector reform.
Restricted spaces
The report cites restrictions on civic space as stumbling blocks for opposition political parties and trade unions to meet, and highlights difficulties facing human rights defenders, many of whom have fled into exile.
Noting that human rights organizations work in a climate of fear of reprisals, the Special Rapporteur deplored laws on foreign non-governmental organizations and press controls that limit democratic space and strengthen government control.
Mr. Zongo stressed that as an “A status” national human rights institution, the Independent National Commission on Human Rights, is constantly working to protect and promote rights in Burundi.
However, he urged the Burundian authorities to guarantee its formal and material independence and provide the necessary means to implement its mandate.
Human trafficking
In an effort to decrease human trafficking, the judiciary in Burundi has launched several investigations and prosecutions of alleged offences, convicted traffickers, and referred victims for assistance.
The country has also institutionalized anti-trafficking training for law enforcement officials, and adopted a law to regulate migration.
The Special Rapporteur reiterated his willingness to cooperate with the Government in protecting human rights and identifying solutions to the country’s challenges.
He also reiterated his request to visit Burundi and interact with the relevant authorities and institutions.
With no financial compensation from the UN, Special Rapporteurs are appointed by the Geneva-based UN Human Rights Council to examine and report back on a country situation. The positions are honorary.
Briefing from Khartoum, ICC Prosecutor Karim Khan updated the ambassadors on a landmark moment for both justice in the restive region and the ICC-UN Security Council relationship.
“We must collectively ensure it is the beginning of true accountability and not a false dawn,” he said on the proceedings, which commenced on 5 April and cover 31 counts of war crimes and crimes against humanity.
Ethnic cleansing
Darfur’s descent into genocidal conflict began in early 2003, who two rebel groups took up arms against the Sudanese Government, which they accused of discrimination against the non-Arab population of the region, starving it of resources.
The Government response was to carry out a campaign of ethnic cleansing against non-Arabs, co-opting mostly Arab Janjaweed militia. Hundreds of thousands were killed and several million displaced during the brutal fighting, with the Janjaweed burning and pillaging hundreds of villages across Darfur.
‘Microcosm of suffering’
Over the last four months, the testimony of the 28 witnesses who have appeared before the court so far, reflect a gruelling cruelty that Mr. Karim described as “a microcosm of suffering”.
He explained that the ICC’s presence on the ground resonates with the people of Darfur and Sudan.
It also shows that justice can be delivered with perseverance, courage, and partnerships, he told ambassadors.
While acknowledging that “much more needs to be done,” the ICC prosecutor warned against being “victims of our own cynicism” – as it can become “a self-fulfilling prophecy”.
Justice “must matter to all of us,” he underscored.
‘False promise’
Mr. Karim cautioned that it would be a “false promise” to think that all of the horrific events in Darfur fell solely on the shoulders of Ali Kushayb, whose real name is Ali Muhammad Ali Abd-Al-Rahman.
While his case is expected to conclude early next year, the Prosecutor explained that ICC judges have issued warrants for other cases in relation to the war crimes allegedly committed in Darfur.
Stepping backwards
Noting that “a backwards step has taken place in terms of cooperation in recent months,” Mr. Karim emphasized the need for more “cooperation and accountability”.
He informed the Council that he had also delivered that message to two Sudanese generals during a meeting earlier in the day. A military coup nine months ago ended the power sharing agreement between top military and civilian leaders, following the removal of long-term leader Omar al-Bashir in 2019.
Further progress will require a revived commitment of meaningful cooperation from the current military-led administration to ensure sustained access to victims, witnesses and relevant documentation.
“I have returned to Sudan to strengthen the basis for our common work towards accountability,” he said. “Cooperation from Sudanese authorities is essential if we are to deliver meaningful justice for Darfur”.
Cooperation…is essential if we are to deliver meaningful justice for Darfur – ICC Prosecutor
Paying a visit
The ICC Prosecutor said that he had just returned from Darfur yesterday, where he visited the large Kalma refugee camp.
He also had a meeting with the Governor of Central Darfur and visited two other camps – an impactful experience that reinforced his resolve that the situation in Sudan must be properly prioritized, with resources and activities to deliver on the mandate given to the ICC 17 years ago.
The nightmare for thousands of people has not ended because meaningful justice and accountability have not been delivered as anticipated by the Council in 2005, he said.
Kalma Camp was established in 2004 and 300,000 people live there today, most as a result of the activities that compelled the Council to refer the Darfur situation to his office.
During his visit, residents of the camp rejoiced and chanted “Welcome ICC!”, said Mr. Khan, expressing a strong belief that justice can be delivered for Darfuris.
He told those displaced that while they may be cut off from roads, they are not cut off from hope.
‘Caravan of humanity’
Describing the “caravan of humanity” that had travelled to the camps and allegations of rapes and killings, he said he hoped he had not spoken out of turn when he told people there, that the Council will not forget Darfur “because they have not forgotten you”.
He said that the Juba Peace Agreement for Sudan, signed by the transitional government to end internal conflict between warring factions across the country in October 2020, could not be allowed to disguise current inaction, and suggested that the Council consider holding a session in Sudan, to hear from those in camps.
If the international community does not deal with historic abuses, the ICC Prosecutor maintained that a cycle of impunity may well continue, and other cycles of violence could follow.
UN Photo/Albert González Farran
Children at Abu Shouk camp for internally displaced persons in North Darfur, Sudan. (file)
Targets
Mr. Khan outlined core strategic principles for a renewed strategy by the ICC, detailing key actions to be undertaken and providing initial benchmarks to be achieved.
The capacity to help bring justice to victims and survivors of crimes committed in Darfur, lies not only in bringing a case before judges, but in also being responsive to the needs of those it serves, he said.
As part of its renewed strategy, the ICC Office aims to deepen its engagement significantly and continuously with affected communities, by bringing its work closer to them.
New benchmarks detailed in the report include multiple entry visas and opening an ICC Office in Khartoum.
“The coming weeks will assess whether or not this mission is a success,” said the prosecutor. “I want Sudan to succeed…and remain ready to engage…in every way possible”.
By recommitting to Sudan and improving cooperation with authorities, Mr. Khan told ambassadors that he believed justice can be served, while fully vindicating the Council’s decision to refer the case in the first place.
“This colonial era law has more broadly impacted and stigmatised the lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ+) people as a whole”, said High Commissioner for Human Rights, Michelle Bachelet.
She stressed that everyone was entitled to the equal protection, respect and fulfilment of their human rights, including all in the LGBTIQ+ community.
Paving the way
“Repealing Section 377A will help pave the way for constructive dialogue and greater understanding and acceptance of and safety for LGBTIQ+ individuals in Singapore”.
According to news reports, the decision announced by Prime Minister Lee Hsien Loong, during a national televised address on Sunday, which in effect legalizes sexual relations between men, was a “win for humanity”.
However, Mr. Lee added that the Government would not seek any changes to the legal definition of marriage in Singapore, which will continue to be recognized only between a man and a woman. Furthermore, he said he would move to change the constitution to prevent any further challenges to the definition.
He did not indicate when the law would be repealed, which carries a sentence of up to two years in prison, although media reports say that it has not been enforced for more than a decade.
Recognize same sex unions
Ms. Bachelet said that plans to amend the constitution “to ensure the legal definition of marriage be limited to an act between a man and a woman, various UN human rights mechanisms have urged all States to legally recognize same-sex unions – whether by making marriage available to same sex couples or through other arrangements, such as civil partnerships – and have also called for the same benefits and protections for all.”
She added that it was essential for Singaporean law to protect the relationships “of all consenting partners, whatever their sexual orientation, gender identity or sex characteristics.”
‘Expedite’ repeal
She called on the Government to “expedite the repeal process and take measures to protect the rights of LGBTIQ+ people, including enacting anti-discrimination legislation that covers discrimination on grounds of sexual orientation, gender identity and sex characteristics.”
The 377A law was introduced when Singapore was a British colony, and the city State chose to keep it on the statute books after independence in 1965.
According to news reports, there has been growing support for LGBTIQ+ rights in recent years, and a joint statement issued by rights campaigners in Singapore, described the news as a “hard won victory, a triumph of love over fear”.
However, some conservative and religious groups have voiced opposition to change, and the country’s broadcasting rules restrict content that promotes what they refer to as LGBTQ+ “lifestyles”.
“The end of the criminalisation of gay men is wonderful news, both for the lesbian, gay, bisexual and transgender community in Singapore, and for the country as a whole,” said Taoufik Bakkali, UNAIDS Regional Director for Asia and the Pacific region.
“UNAIDS welcomes this as a significant step towards respecting the human rights of LGBT people in Singapore and creating a more open, tolerant and inclusive society where people can be who they are and love who they want without fear of being imprisoned. This vital change will save lives and benefit everyone, and will inspire other countries to follow. Other countries should join the growing group of nations who have turned away from criminalisation.”
Singapore joins a growing list of countries that have recently decriminalized same-sex relations, including Antigua and Barbuda, Botswana, Bhutan and Angola, UNAIDS pointed out in its statement on Monday.
The change in Singapore will at last reduce the number of countries in which consensual same-sex relations are still criminalized to below 70 countries worldwide. Decriminalisation is not the end point in tackling stigma and exclusion, but is a vital step forward, the agency added.
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