June 2021 Dispatch

R2P Dispatch

June 2021

Authors/Auteurs: Fernanda Bernardo, Rebeca Ancer, Angela Liu, Georgia Sayers, Grace Vollers, Leena Badri, Lougein Metwally, Paranjay Sahanii, Samantha Quadros, Sumayyah Shah, Saarah Khan, Sarah Weiner, Victoria Liu, Keah Sharma, Francisca Carvalho, Anna Ivanova, Chris Han, Leo Viscomi, Andrea Sanchez June 2021

Table of Contents

Arabic Division 2 Yemen

Chinese Division 12 Tibet

English Division 24 Xinjiang

French Division 39 Latin America

Russian Division 56 Myanmar

Spanish Division 70

Indigenous Rights

Bibliography 89

Disclaimer: Any views or opinions expressed in articles are solely those of the authors and do not necessarily represent the views of the Canadian Centre for the Responsibility to Protect.

Dégagement de responsabilités: les opinions exprimées dans les articles suivants sont celles des auteurs. Elles ne sont pas représentatives des opinions du Canadian Centre for the Responsibility to Protect.

Canadian Centre for the Responsibility to Protect | 1 June 2021

Yemen

Highlights:

A Yemeni man sprays water on his wife’s grave who died after she contracted Covid-19. Hospitals in Sanaa refused to hospitalize her due to fears that the virus would spread throughout their hospitals. © Getty Images.

فيروس كورونا: اتهامات للحوثيين بـتقويض جهود توفير اللقاحات في المناطق الخاضعة لسيطرتهم" شمالي“ .1 Coronavirus: Houthis have been accused of undermining vaccination“) ”,اليمن efforts in Yemeni areas under their control”). BBC Arabic.

With Coronavirus vaccines becoming increasingly accessible, many governments have sought them out with the purpose of immunizing their populations. Despite this fact, some human rights activists are now accusing Houthis of undermining efforts to vaccinate the Yemeni population. According to Human Rights Watch (HRW), the Houthis have failed to cooperate with the World Health Organization and the Yemeni government to vaccinate Yemeni citizens in Houthi-controlled territories. Furthermore, HRW has also claimed that the Houthis misled the public about the threat of the coronavirus and spread large amounts of misinformation on the topic. The Houthis' attempts to completely ignore the existence of the Coronavirus pandemic has ultimately put many lives at risk.

In recent years, the Yemeni crisis has become considered the world’s worst humanitarian crisis. As such, Covid-19 vaccines are essential for the Yemeni people as the pandemic has likely exacerbated an already dire situation. It is unclear why the Houthis have chosen to withhold vaccines from citizens living in Houthi-controlled territories. However, this act could be interpreted as a crime against humanity if the Houthis withheld Covid-19

Canadian Centre for the Responsibility to Protect | 2 June 2021 vaccines to purposefully cause widespread suffering to the Yemeni population.1 Still, regardless of whether this act may be considered a crime against humanity or not, it has potentially cost many Yemeni lives and seriously harmed these populations.

Marib in the aftermath of a fuel station bombing. ©AFP via Getty Images.

The“) ”,سفارة أمريكا في اليمن تعلق على تقارير ضرب الحوثي محطة وقود بصاروخ باليستي في مأرب“ .2 U.S. embassy in Yemen commented on the Houthi bombing of a fuel station in Marib with ballistic missiles.”). CNN Arabic.

As part of the war occurring over the Yemeni city of Marib, the Houthis bombed a Maribi fuel station using ballistic missiles. This attack was conducted with a lack of concern for the lives of the civilians working within this fuel station, many of whom died. Additionally, when ambulances began to arrive at the scene, the Houthis used a drone to attack the ambulance crew; thus, leading to more civilian casualties. These attacks ultimately led to the death of twenty-one individuals, two of whom were children.

It appears as though the Houthis of Yemen have a pattern of targeting civilians during military attacks. This is particularly concerning as the Houthis have control over a significant portion of Yemeni territory and thus hold a lot of power and influence within the country. If proven to have purposefully conducted widespread attacks against civilian populations, the Houthis will have committed a crime against humanity under international law.2 Under the Responsibility to Protect (R2P) principle, the international system can respond to these

1 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 16. 2 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 16. Canadian Centre for the Responsibility to Protect | 3 June 2021 crimes with military action or other coercive measures.3 Ultimately, this attack in Marib represents only one of many military attacks in Yemen that have seriously put the lives of civilians at risk.

U.S. State“) ”,الخارجية المريكية: الحوثيون يتحملون مسؤولية كبيرة عن الزمة المستمرة في اليمن“ .3 Department: The Houthis bear much of the responsibility for the continuation of the Yemeni crisis”). CNN Arabic.

According to a report by CNN, the U.S. has taken a strong stance against the Houthis in Yemen and blamed them for much of the continuing violence in the country. Although the U.S. ambassador recognized that there are many problematic parties working within Yemen, he asserted that work towards a ceasefire has largely been stalled by the Houthis. Instead of working along with other parties towards a ceasefire, the Houthis have continued to attack Marib and have consequently isolated themselves internationally. Ultimately, this report highlights that work towards any ceasefire in Yemen remains difficult as many political groups in the country are unwilling to cooperate.

3 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 16. Canadian Centre for the Responsibility to Protect | 4 June 2021

The Transitional Council’s security forces patrolling the city of Aden. ©Reuters.

The“) ”,التحاد الدولي للصحفيين يدين اقتحام مسلحي المجلس النتقالي مقا ّر إعلمية في عدن“ .4 International Federation of Journalists condemned the Transitional Council’s armed storming of the media headquarters in Aden”). Al Jazeera.

Al Jazeera’s news report alleges that a secessionist political organization called the Transitional Council has conducted an armed storming of media headquarters in the city of Aden. Through the storming of media headquarters and other media buildings in Aden, the Transitional Council has essentially seized control of the largest media organizations in the city. The International Federation of Journalists has condemned these actions and urged the Transitional Council to leave the media out of military conflict. Furthermore, these actions represent a serious threat to freedom of speech in Yemen and have also put many civilians in danger. Thus, the Transitional council should be condemned internationally for their actions.

Canadian Centre for the Responsibility to Protect | 5 June 2021

From previous clashes in Marib between government forces and Houthi militias. ©Reuters.

The Yemeni“) ”,الحكومة اليمنية تدعو المجتمع الدولي لتخاذ موقف من هجمات الحوثيين“ .5 government urged the international community to take a stance against Houthi attacks.”). Al Jazeera.

The Yemeni government has urged the international community to take a strong stance against the Houthis. According to the Yemeni Minister of Information, the Houthis should internationally be classified as a terrorist group that has committed crimes against humanity against the Yemeni people. As evidence, the Minister listed the many times that the Houthis used ballistic missiles and aerial bombing in Marib to target civilians. Moreover, the Yemeni government claims that the Houthis have specifically used ballistic missiles and aerial bombing as part of their war strategy to maximize civilian casualties in Marib. Diplomatic efforts to end the war have intensified in recent months, yet the Houthis continue to attack Marib and the Yemeni people continue to experience the worst humanitarian crisis globally.

Canadian Centre for the Responsibility to Protect | 6 June 2021

The aftermath in Ma’rib. ©Getty Images.

Eight Killed and 27“ ,وسائل إعلم يمنية: مقتل 8 و ُجرح 27 في قصف للحوثيين على مدينة مأرب .6 Wounded in Houthi Shelling on the City of Ma'rib”). CNN Arabic.

The article from CNN describes the recent shelling on the city of Ma’arib which has resulted in the casualty of twenty-seven civilians, and the death of eight. The city of Ma’arib has been subject to excessive bombardment between the Yemeni military and the Houthi insurgency. Yemeni media sources went on to detail how a mosque and residential neighborhood were also targeted during the shellings. The article states that members of the medical staff were also among the targets, and that more than four ambulances were destroyed as a result. Healthcare workers have stated that they expect the number of casualties and deaths to rise in the coming days.

Yemeni President Abd Rabbo Mansour Hadi released a statement, in which he stated that the frequent bombing of Ma’arib continues to harm innocent lives and destroy the state’s infrastructure and social fabric. He emphasized that such action will not establish real peace between the warring parties. This attack comes after a similar bombing which targeted a fuel station earlier in the week. The death toll for that attack was calculated to be 21. Attacks in Ma’arib have now become rather frequent, and as a result, only more civilian deaths can be expected. Not only are the bombings resulting in significant deaths, but they are also harming the little infrastructure that Yemen has. Hospitals and fuel stations are critical to the infrastructure of a state, and their destruction directly impacts the livelihoods of innocent civilians. In the context of international law, the targeted bombing of Ma’arib and innocent civilians is a war crime. The rising number of civilian casualties is a frightening situation which invokes R2P and requires immediate international intervention, in order to prevent further damage to both civilians and critical infrastructure.

Canadian Centre for the Responsibility to Protect | 7 June 2021

Yemen: The Houthis are“) ”,"اليمن: الحوثيون يخاطرون بصحة المدنيين بوجه "كورونا“ .7 risking the health of civilians in the face of Corona”). Human Rights Watch.

This report from Human Rights Watch (HRW) details the extent of the deliberate mismanagement of the Coronavirus pandemic in Yemen, and the risks it poses to civilians. According to the report, Houthi authorities are withholding information about the risks and impacts of the virus, while simultaneously hindering international efforts aimed at distributing vaccines in areas under Houthi control. According to a statement by the United Nations Under-Secretary-General for Humanitarian Affairs Mark Lowcock, after the start of the second wave in March, the number of cases in Yemen doubled but no vaccines reached areas under Houthi control.

Under the Global Access to COVID-19 program, Yemen is meant to receive 14 million doses. The national plan stated that Houthi authorities will receive a portion of these vaccines for distribution in their controlled areas. However, a healthcare worker who is familiar with the medical situation in Yemen, has stated that the Houthis have refused to cooperate with the World Health Organization and that the Yemeni government has also failed to uphold their promise and deliver vaccines to northern areas. HRW explains that the Houthi groups demand to be able to administer the vaccines independently, a demand that has been denied by the WHO, who state that they need to ensure that the vaccines are properly distributed. Furthermore, various Houthi officials have spread misinformation about the virus, going as far as calling it a ‘conspiracy.’ Healthcare workers have reported that Houthi authorities have even launched special intelligence units in medical centres, aimed at

Canadian Centre for the Responsibility to Protect | 8 June 2021 intimidating healthcare workers and preventing them from delivering accurate information pertaining to the pandemic.

All of this is exacerbated by Yemen’s broken healthcare system, which has been unable to survive six years of war and mismanagement. The report details how healthcare workers are facing a shortage of personal protective equipment even months into the pandemic, and how imported medical materials and medicines have become unaffordable. One witness describes that hospitals sometimes receive expired medicines, and that any logistical material required takes a long time to reach intended areas. HRW details how Houthi officials have failed to impose any public health restrictions, due to their denial of the severity of the virus and their deliberate mismanagement of vaccines. The Houthis inability to provide accurate information to their citizens, coupled with their refusal to launch a wide-spread vaccination campaign despite having access to doses, is a clear violation of human rights. The situation invokes R2P due to the serious medical harm posed to citizens, and a deliberate suppression of information.4

The Houthis and“) ”,الحوثي والطفال.. حشود ضخمة لمواقع اللغام على الجبهات“ .8 Children… Huge Crowds for Mine Sites on the Front”). Al-Arabiya.

This article from Al-Arabiya details how Houthi militia in Yemen have begun to recruit children for dangerous and life-threatening activity such as clearing conflict areas of mines and explosive devices. The article explains how various media outlets have reported that armed Houthi rebels arrived in several governorates in northern Yemen, and that their regiments contained a significant number of school children. According to Al-Arabiya’s sources, these children would be assembled in “centres' ' that are under the supervision of the de facto ruler of Sana’a, Hassan Erlu. Furthermore, the main purpose of the recruitment of these school children is to use them to clear areas filled with mines and explosive devices in western and northwestern Ma’rib, where the location of the devices has become unknown after those who had originally placed them died during fighting.

The militias had recently launched this recruitment program with the support of Hassan Erlu and have reportedly lured and recruited more than 500,000 school children and placed them in these centres. Detailed information about the centres and their function is relatively unknown, but what remains clear is that thousands of children are being exploited by militias who maintain the support of government officials. Yemeni activists have been pertinent to bring awareness to the issue via social media, however, greater action is needed. The recruitment of children for war-related activity is a crime against humanity which falls under the scope of enslavement and torture. The gravity of the situation invokes R2P due to the serious physical and mental harm posed to the vulnerable children, and the state’s inability to mobilize to protect the rights of children.5

4 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 16. 5 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 16. Canadian Centre for the Responsibility to Protect | 9 June 2021

Karima, 7, watches her mother Hayat make bread. WFP/Annabel Symington.

اليمن: نصف الطفال دون سن الخامسة معرضون لخطر سوء التغذية في عام 2021 والمهات في“ .9 Yemen: Half of children under five are at risk of“) ”,هاجس مستمر بشأن توفير الطعام malnutrition struggle to secure food”). United Nations News.

This article from the United Nations News details how more than half of Yemenis, which is 16.2 million people, are food insecure and at risk of suffering from malnutrition. The report also states that about 50,000 people are already suffering from ‘famine-like’ conditions. The report interviews a young mother who is suffering from extreme food security, as she is unable to provide adequate nutrition for herself and her daughters following the destruction of their home and the death of their father. The mother receives assistance from the World Food Program, however, she explains that without a steady source of income, she is often forced to exchange food for other necessary commodities.6

The World Health Organization states that many Yemenis are at risk of extreme starvation, and that such a condition is life-threatening and leaves the body vulnerable to infectious diseases. Malnutrition also leads to impaired physical and cognitive development, making it especially dangerous for kids. The article continues to detail how many Yemeni families have resorted to selling all their valuables in order to gain access to food, as they struggle to keep up with the consistently rising food prices. As the conflict continues, more people will become displaced, and vulnerable to food insecurity. The article concludes by noting that the World Food Program encourages world leaders to develop a common agenda to prevent Yemen from sliding into famine. In a similar vein, the food crisis in Yemen also invokes R2P, as it’s damaging physical effects severely threaten the lives of millions. The inability of Yemeni authorities to ensure access to food, means that international intervention is required to prevent the continuous suffering of displaced and impoverished Yemenis.

6 “Yemen: Half of children under five are at risk of malnutrition in 2021,” UN News Arabic, accessed June 16th, 2021, https://news.un.org/ar/story/2021/06/1078052 Canadian Centre for the Responsibility to Protect | 10 June 2021

Further reading:

1. “Yemen Crisis: Why is there a war?” BBC News. June 19, 2020. (English) 2. “Yemen, June 2021 Monthly Forecast” Security Council Report. May 29, 2021. (English) 3. “HRW World Report 2021: Yemen” Human Rights Watch. 2021. (English) 4. “Why is Yemen at war? | Conflict” Al Jazeera. Nov 19, 2019. (English)

Canadian Centre for the Responsibility to Protect | 11 June 2021

Tibet

Highlights:

Propaganda in Chinese media. ©Tibet center for human rights.

1. “西藏年度人权报告,” (“Tibet Centre for Human Rights Annual Report 2020”). Tibet Center for Human Rights.

Since Xi Jingping became the president, the human rights violations and political repressions in Tibet rose to the level of crimes against humanity. The PRC has used “development policies” as a guise to gain greater political and economic advantages, rather than genuine interests to improve Tibetans’ living quality. The “stability maintenance policy” escalated the state's surveillance throughout Tibet through technology, propaganda, and repressions. This policy’s budget in 2019 was 1.39 trillion Yuan, which was 16.8% higher than the country’s official military expenditure. The government’s development projects also offered lucrative profits to Han officials and exploited the local population. Moreover, there has been a major crackdown in destroying Tibetans’ political and cultural identity. Bilingual education is enforced in the region, which undermines Tibetan’s education system. The goal is to indoctrinate and assimilate the people. Furthermore, communities’ freedom of expressions have been severely restricted. The PRC has imprisoned 12 Tibetan villagers for illegitimate religious practice. More significantly, the number of extrajudicial killings, torture, and arbitrary detentions escalated over the past year. Individuals experience inhuman physical and psychological torture on a daily basis.

The United Nations, its member states and the civil society at large has requested the PRC authorities to end abusing human rights under the guise of stability maintenance policies. Tibetans need to be guaranteed to legislate their own educational and cultural affairs.

Canadian Centre for the Responsibility to Protect | 12 June 2021

The human rights violations, including arbitrary abuse, detentions, and tortures must be stopped immediately.

Canadian Centre for the Responsibility to Protect | 13 June 2021

Armed troops on Tibetan street.. © Human rights watch

2. “中国：藏僧被拘押殴打致死,” (“Tibetan monk beaten to death”). Human Rights Watch.

The human rights watch concluded that China should be held responsible for a 19 year old monk’s death, after being released from prison. Six other monks that were arrested at the same time were also released, including a 16 year old boy. The young monk that died, Tenzin Nyima, was from the Sichuan province. He was arrested for giving out posters that advocated for Tibet’s independence. Tanzin was later released, but rearrested within three months. This was due to spreading information about his arrest and connections to India. By October 2020, Tenzin’s family was informed that their son needed to be taken to a hospital. He was unable to speak or move and had an acute respiratory infection. These symptoms were caused by severe beating, malnutrition and torture in prison. Tanzin lost consciousness at the hospital and died in December.

The PRC’s arbitrary detention and abuse occurs on a daily basis. The government has initiated an investigation on Tanzin’s case. China has signed on to the United Nations

Canadian Centre for the Responsibility to Protect | 14 June 2021

Convention against torture. According to the convention, all detentions that result in death must be investigated in an efficient and just manner. Additionally, the government that legitimized the death must be held accountable. Reparations must also be given to the affected family members. Based on the UN’s human rights investigation, China has failed to uphold their international responsibilities. The human rights situation has deteriorated since Xi’s rise to power, particularly in Xinjiang, Hong Kong and Tibet.

Canadian Centre for the Responsibility to Protect | 15 June 2021

A picture of China’s dictator Xi Jingping ©BBC

3. “习近平新西藏方略,” (“Xin Jinping’s New Tactics Towards Xinjiang”). BBC.

The Chinese Tibet’s development meeting is held every five to 10 years. The decisions made serve as a guide for future decisions. During the meeting, the main priorities established were assimilating the Tibetan religion to the Chinese Culture, protecting the environment and expanding the Communist party’s ideology to Tibet. In 2015, XI’s government initiated a program for the repression of the Tibetans' religion. China began cracking down on unregistered community churches. Additionally, Thousands of mosques were forced to raiseChinese flags, play the Chinese national anthems in areas such as Tibet, Qinghai, Gansu, Sichuan and Yunnan. There are also large political re-education camps targeted towards Muslims in Xinjiang. The communist government expects Tibet’s mosques to show absolute allegiance and obedience. If the Tibetan religion is changed to Chinese Buddhism, Tibet will lose its spiritual power to defend against external powers. In essence, the instability in Xizang is not due to religion. The real cause is the Communist party’s repression and failed policies to improve the wellbeing of Tibetans.

Canadian Centre for the Responsibility to Protect | 16 June 2021

4. “美国无权对西藏人权评头论足——中国西藏文化保护与发展协会就美国通过相关涉华法案发表声明,” (“The United States Has no Right to Comment on Human Rights in Tibet - The China Association for the Preservation and Development of Tibetan Culture issued a statement on the passage of a China-related bill by the United States”). Xinhua Net.

This news article expresses and emphasizes China’s firm and uncompromising stance in response to the American groundless accusations against the human rights situation in Tibet, China. The year of 2020 marks the 69th anniversary of Tibet’s peaceful liberation, and throughout these 69 years, great changes had been made in the cause of human rights development in Tibet. This region had been freed from imperialism, while democratic reforms have been implemented to abolish feudal serfdom. By establishing a regional ethnic autonomy system, Tibet was able to achieve rapid economic growth, as well as increases in the average life expectancy and population number. Tibet’s culture has also developed and prospered significantly. The life mode and religious beliefs of all ethnic groups in Tibet are fully protected and respected, while the traditional culture of Tibet was no longer monopolized by a few aristocrats and upper classes, but was shared by all ethnic groups, while bilingual education was implemented by the Chinese government in all universities, primary and secondary schools in Tibet. In the face of dramatic progresses attained by today’s Tibet, however, some U.S. politicians are still behaving inappropriately, as President Donald Trump signed the Fiscal Year 2021 Consolidated Appropriations Bill and COVID-19 Outbreak Relief Act on December 27, 2020, which distorted human rights situation in Tibet while made groundless accusations. The Chinese government firmly opposes such moves by the United States, declaring their attempt to suppress China on these issues is doomed to fail.

The Chinese government and media firmly maintains their stance that the Tibet issue is not a human rights issue. According to the Universal Declaration of Human Rights, “all human beings are born free and equal in dignity and rights, and no one shall be held in slavery or servitude.”7 Before Tibet was liberated and was still under the rule of the Dalai clique, Tibentans were divided into different classes, while the serf owners, who accounted for less 5% of overall population, controlled the personal freedom of nearly all serfs. French Tibetologist Alexander Davy Niel said in Old Tibet Faces New China that “all serfs in old Tibet completely lost the freedom of human beings.”8 Since the peaceful liberation of Tibet in 1951, its economy has maintained a growth rate of 12% annually, significantly lifting up people’s living standards. Therefore, there is no reason for western politicians to come up with groundless accusations. Tan Grenff, a Canadian scholar, points out bluntly, the reason why some people are so interested in the human rights issue in Tibet is not out of “morality” or “sympathy”, but “to conform to their global strategic arrangement.”9

7 “The ‘Tibet issue’ is not a human rights issue,” The Central People’s Government of the People’s Republic of China, accessed June 18, 2021, http://www.gov.cn/jrzg/2008-04/30/content_959091.htm 8 Ibid. 9 Ibid. Canadian Centre for the Responsibility to Protect | 17 June 2021

5. “TCHRD西藏人权报告: 中共持续在严厉打压西藏人权,” (TCHRD Report on Human Rights in Tibet: the Communist Party Continues to Crack Down Hard on Human Rights in Tibet”). Voice of Tibet.

The Tibetan Center for Human Rights and Democracy, a human rights organization based in North Dharamsala, released its annual 2020 report on human rights in Tibet which revealed Chinese Communist Party’s (CCP) suppression of Tibetans' basic human rights and damage to Tibet's ecological environment. The report details cases when CCP accused Tibetans of “inciting separatism, undermining ethnic unity, undermining cyber security and endangering national security,” leading to arbitrary arrests, tortures, and even violent persecutions of Tibetans. The report points out that the human rights violation phenomenon has reached the state of “crimes against humanity” under the political leadership of Xi Jinping, while CCP’s 7th Tibet Work Forum and other policies in Tibet were merely served to maintain the rule of the party itself, instead of improving the living standard of Tibetan life. In addition, the report urges the United Nations and its member countries to urge the Chinese government to stop the genocide and assimilation policies, to grant Tibetans freedom of speech, freedom of religion and belief, as well as basic human rights. Lastly, the report recommends the UN sending delegation teams to Tibet and to free all Tibetan political prisoners there.

At this moment, the principle of Responsibility to Protect (R2P) has not been implemented in Tibet, yet many countries have been actively calling the UN and human rights organizations to implement an international mechanism in addressing human rights violations in Tibet. According to the 2005 World Outcome Document, R2P rests on three pillars: firstly, each state has primary obligation to prevent genocide, war crimes, crimes against humanity, and ethnic cleasing; secondly, the international community has a responsibility to assist states in preventing atrocity cirmes; and thirdly, if a state fails to prevent and to stop atrocity crimes, the international community may intervene to prevent and to stop atrocity arimes, including using force as its last resort.10 John Gaudette, a researcher from Tibetan Centre for Human Rights and Democracy, argued that because of China’s long existing manifest failure to prevent the commission of crimes against humanity in Tibet, the international community should intervene.11

10 “TCHRD participates in conference on Responsibility to Protect,” Tibetan Centre for Human Rights and Democracy, accessed June 19, 2021, https://tchrd.org/tchrd-participates-in-conference-on-responsibility-to-protect/ 11 Ibid. Canadian Centre for the Responsibility to Protect | 18 June 2021

Chinese and foreign experts and scholars said that the achievements in social development and human rights protection in Tibet are evident to all and commendable. ©China News Agency

6. “西藏和平解放70周年, 中外学者称赞西藏人权保障,” (“On the 70th Anniversary of the Peaceful Liberation of Tibet, Chinese and Foreign Scholars Praised the Protection of Human Rights in Tibet”). ChinaNews.

On May 26, 2021, an international symposium on the “Progress and Development of Human Rights in Tibet in 70 Years of Tibet’s Peaceful Liberation” was held in Chongqing, China. Experts and scholars from China, Russia, Bangladesh, Ethiopia, Pakistan, Nepal held the discussion. A researcher in the China Centre for Tibetan Studies, Du Yongbin, said that Tibet’s progress since the peaceful liberation can be manifested in three aspects: from tradition to modernity, from isolation to openness, and from management to governance. Foreign scholars also expressed their recognition of today's human rights development in Tibet. According to Jogeshwar Lokishmi, a former senior superintendent of Nepal’s police, Tibet’s social security system centered on “five insurances” and welfare policies have made great progress since its liberation. Amir Ullah, the director of the National Youth Association in Islamabad, Pakistan, said that the extreme poverty of the Tibetan people has been almost completely eradicated. The Chinese central government attaches great importance to Tibet's autonomy and believes that China's commitment and Tibet's capability will bring Tibet's development to a higher level in the future.

Canadian Centre for the Responsibility to Protect | 19 June 2021

School Activity in an Elementary School in Shiqu County in eastern Tibet. © Radio Free Asia

7. “中共透过关闭私立藏文学校，加剧对西藏语言权利的限制,” (“The Chinese Communist Party Has Intensified Restrictions on Language Rights in Tibet by Closing Private Tibetan Schools”). Voice of Tibet.

The Chinese Communist Party is closing private Tibetan schools that offer Tibetan language courses and forcing students to transfer to public schools to learn Chinese. The Chinese government has claimed that the intensifying restrictions on the Tibetan language are officially for the purpose of “unifying course materials for examinations”. Language courses informally organized by monasteries or towns are usually regarded as “illegal gatherings” by the authorities. In fact, some Tibetan language teachers have been detained and arrested by the authorities. Additionally, the source added that “families of Tibetan herders who do not want to send their children to government schools are now forced to do so.” The source pointed out that parents of local Tibetans are deeply concerned about the requirements imposed by the authorities. They believe that keeping Tibetan youth away from Tibetan culture and language will have a serious negative impact on the future.

The CCP’s closure of Tibetan schools in Shiqu County violated its own national laws, which are to protect the right of ethnic minorities to learn their own language. The authorities have forcibly closed schools that teach the Tibetan language and the Tibetan culture. This action clearly shows the authorities' ambition to eliminate the Tibetan national identity.

Canadian Centre for the Responsibility to Protect | 20 June 2021

8. “美国参议院通过抗中法案，加强关注达赖喇嘛转世权,” (“The U.S. Senate Passed an Anti-China Bill to Pay More Attention to the Reincarnation of the Dalai Lama”). Voice of Tibet.

There are frequent protests against the rule of the Chinese Communist Party in Wenbo Township, Shiqu County, Tibet. Furthermore, anyone with a photo of the Dalai Lama will be considered serious crimes. On June 8, the Senate passed a bipartisan bill with an overwhelming 68 to 32 votes, named the The US Innovation and Competition Act of 2021, also known as the "Endless Frontier Act.” According to the news on the English official website of the Central Tibetan Administration, the act is passed in response to the increasingly serious threat from the Chinese Communist Party --- it is not only a large-scale bill for the United States to counter China's science and technology war, but also lists many important regulations on Tibet12. The bill stipulates that before the restoration of the consulate general in Chengdu or the establishment of the consulate in Lhasa, it requires the establishment of a Tibet department in the political section of the US embassy in China, and the bill stipulates that at least two American staff members should be directly sent to the department13. The bill emphasizes that the Secretary of State should work with US allies to support that only Tibetan religious leaders have the right to decide the next Dalai Lama, deny the Chinese Communist Party’s claims that they have the right to decide the fifteenth Dalai Lama, and oppose the authorities’ interference with Tibetan Buddhists. Freedom of religion14.

At the same time, the bill affirms the views of the "Tibet Policy and Support Act of 2020" that the United States should encourage the Secretary of State to contact allies and support the right of His Holiness the Dalai Lama, the Tibetan religious leader, to reincarnate, and oppose the intervention of the Chinese Communist authorities in reincarnation15. If the Chinese Communist Party or any government interferes with the process of the 14th Dalai Lama's reincarnation, it will be regarded as harming the religious freedom of Tibetan Buddhists and the Tibetan people. And the bill further calls on the international community to work hard to protect religious freedom in Tibet.

12 “New US bill to counter China includes Tibet, bolsters global engagement on policy regarding the Dalai Lama’s reincarnation,” the Central Tibetan Administration, accessed June 20, 2021, https://tibet.net/new-us-bill-to-counter-china-includes-tibet-bolsters-global-engagement-on-issue-of-the-dalai-la mas-reincarnation/ 13 Ibid. 14 Ibid. 15 Text - H.R.4331 - 116th Congress (2019-2020): Tibetan Policy and Support Act of 2019, January 30, 2020. https://www.congress.gov/bill/116th-congress/house-bill/4331/text

Canadian Centre for the Responsibility to Protect | 21 June 2021

Josep Borrell, the EU’s High Representative for Foreign and Security Policy. ©Network

9. “欧盟代表：我们一直在敦促中共改善西藏人权,” (“EU Representative: ‘We have been Urging the Chinese Communist Party to Improve Human Rights in Tibet”). Voice of Tibet.

The EU's High Representative for Foreign and Security Policy, Joseph Borrell, recently responded to a question submitted to him by members of the European Parliament. The question mentioned the sufferings of Tibetans in the territory under the rule of the Communist Party of China, including the inhumanity of Tenzin Nima’s case (a monk at Wenbo Temple in Shiqu County who was tortured during his detention before he was persecuted to death by the CCP). Joseph Borrell stated that when the EU and CCP officials met, EU officials expressed their opposition to the CCP's arbitrary violation of human rights in Tibet. He stated that the European Union has always opposed any violation of human rights. Joseph Borrell stated at the UN Human Rights Council in late February 2021 that the EU urges the CCP to allow independent observers to enter Xinjiang to ensure that the international community can independently investigate human rights issues in the region. In addition, he also pointed out that the European Union has repeatedly urged the CCP to implement international laws and respect the basic human rights of other minorities such as Tibetans and Uighur Muslims. Borrel specifically stressed that Tibetans should no longer be deprived of fair trials and that Tibetan human rights defenders should be released from imprisonment unconditionally.

Canadian Centre for the Responsibility to Protect | 22 June 2021

Further reading:

1. “Get the Background: China's Repression of Uyghurs in Xinjiang,” Council on Foreign Relations. March 1, 2021. 2. “'Break Their Lineage, Break Their Roots': China's Crimes against Humanity Targeting Uyghurs and Other Turkic Muslims,” Human Rights Watch. April 19, 2021. 3. “China,” Global Centre for the Responsibility to Protect. May 31, 2021. 4. “What Do Chinese People Think Is Happening in Xinjiang?,” The Diplomat, May 29, 2021.

Canadian Centre for the Responsibility to Protect | 38 June 2021

Latin America

Highlights:

Thousands of people continued to protest against the proposed tax reform and ensuing police brutality in Colombia throughout May 2021. © Luisa Gonzalez, REUTERS

1. “Colombie : 33 jours de manifestations anti-gouvernementales ont coûté la vie à 48 personnes,” (“Colombia: 33 days of anti-government protests claimed the lives of 48 people”). l’Agence Anadolu.

Following the protests against the proposed tax reform by President Iván Duque that broke out on May 4th across Colombia, demands to repeal the reform have continued throughout the rest of May to the start of June of 2021. This article highlights multiple reports of increased police brutality against the continuously peaceful Colombian protests, describing the rising civilian death toll. According to a recent report from judicial services on Monday, May 30th, the anti-government protests have led to the confirmed deaths of 48 people. With added details from another report from Colombia’s Ombudsman’s office, at least 20 of those deaths are directly related to the protests, resulting from the ruthless police brutality that has been inflicted on demonstrators protesting in the streets and during their marches. The Bogotá-based institute for Development and Peace Studies (INDEPAZ) has been monitoring the rising number of casualties, drawing attention to the police brutality that is being done on behalf of the Duque administration.

The violent acts being committed against the peaceful Colombian protestors by police and government officials can be classified as war crimes in Article 7 of the Rome Statute, and thus the principle of Responsibility to Protect (R2P) applies to the ongoing protests in

Canadian Centre for the Responsibility to Protect | 39 June 2021

Colombia.18 The principle of R2P, which has commitments to protect populations from war crimes, stipulates in Pillar I that “the state bears the primary responsibility to protect its populations from war crimes, ethnic cleansing and other crimes against humanity.”19 Currently, however, the Colombian government is using violent measures to repress its own population that is rightfully protesting, and therefore defies Pillar I. In order to cease violence against civilians, the international community needs to “take appropriate diplomatic humanitarian and other peaceful means” to protect the Colombian population from its own government, and use more coercive measures if necessary, as stated in Pillar III of the R2P principle.20 Initiating diplomatic talks with the Colombian government or sending humanitarian aid to families suffering loss as a result of the police brutality are two next steps that could be taken.

18 “War Crimes,” UN News, accessed June 8th, 2021, https://www.un.org/en/genocideprevention/war-crimes.shtml 19 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 6. 20 Ibid. Canadian Centre for the Responsibility to Protect | 40 June 2021

Troops in Cali, Colombia, on Sunday May 30th. President Iván Duque ordered the placement of military forces in both Cali and neighbouring Cauca. © Reuters – Stringer

2. “Colombie : reprise des discussions avec le Comité de grève sur fond de militarisation de villes,” (“Colombia: Resumption of talks with the Strike Committee against the backdrop of militarization of cities”). RFI.

This article describes the implementation of militarization by President Iván Duque in cities across Colombia, and how fear and distrust have been instilled in the population as a result. On the weekend of May 29th and May 30th, President Iván Duque and his administration decided to deploy the army in the streets of some cities, including Cali, where at least 14 people have died from violent clashes with police. Juan David Mesa, a sociologist and university professor in Cali, says militarization of the city will have ill long-term effects and impede negotiations between the government and the National Strike Committee. “The immediate impact of sending in the army is terror,” explains Mesa. “If the president continues to militarize the cities, if he continues to refuse dialogue and to generate more fear through the use of the army, what he is going to do is widen this gap between the civilians and the forces of order.” The negotiations between the Colombian government and the National Strike Committee have had no leeway and the militarization of Cali is continuously implanting fear in civilians, as a thousand soldiers have been deployed and the local civilian security force has been replaced by the military.

The use of military force to control a civilian population through means of terror and potentially cause physical harm falls within the parameters of attacks directed against civilians, and therefore triggers the Responsibility to Protect (R2P).21 The Colombian

21 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 16. Canadian Centre for the Responsibility to Protect | 41 June 2021 government is actively utilizing their military force to control their own population through intimidation, instead of protecting their citizenry. As stipulated in Pillar III of the R2P principle, “the international community must also be prepared to take collective action, in a timely and decisive manner, […] if a state fails to protect its populations or is in fact a perpetrator of such crimes.”22 If the military force implemented by the Duque administration begins to use violence against civilians to establish control, the international community may have to take more coercive action to protect the Colombian population, such as the use of collective force through the UN Security Council.23 Going forward into June, the international community must keep a close eye on developments regarding the negotiations between the Colombian government and National Strike Committee, as well as any military violence against civilians that may occur before an agreement is met.

22 Ibid, 6. 23 Ibid. Canadian Centre for the Responsibility to Protect | 42 June 2021

The protests in Colombia have prompted the proposed tax reform to be withdrawn, with the crowds of demonstrators calling for more social justice and challenging the ensuing police brutality. © Raul Arboleda, France-Press Agency

3. “Colombie | Journée de discussions sans accord pour tenter de sortir de la crise,” (“Colombia | Day of talks without agreement to try to end the crisis”). La Presse.

On Tuesday, May 31st, the Colombian government and representatives of the demonstrators ended talks in Bogota without reaching an agreement to resolve the social crisis in Colombia. This article highlights the failed peace talks between the opposing parties, as well as the recent reports of deaths related to the protests, totalling nearly 60 casualties. In a statement made by the Colombian National Strike Committee, “the governing party is focused on blocking, preventing agreements from being reached […] and the national government is following its instructions to the letter.” On the other hand, the Colombian government is demanding that demonstrators lift the blockades that are paralyzing many roads, especially in the southwest, which are causing shortages among part of the population. Presidential advisor Emilio Archila exclaimed that “without asking for the impossible, these blockades must disappear,” in order to achieve progress in negotiations. Fabio Arias, a spokesman of the National Strike Committee, has declared that there are upcoming “approaches to lift the barricades” set up by demonstrators; however, the National Strike Committee does not represent all the sectors in revolt against the government. Arias also emphasized that the Committee was not giving “orders” but “signals” to the protesting groups to take down their blockades, and thus an agreement between the protestors and government to defuse the Colombian crisis has yet to be made.

Canadian Centre for the Responsibility to Protect | 43 June 2021

The social crisis in Colombia has left at least 59 people dead, more than 2,300 injured, and 111 people missing, according to official figures in the article. Although negotiations have begun, progress has been stifled because of disagreement over blockade removals by demonstrators, and the violence by police against protesting civilians continues on. The Colombian state continues to be a perpetrator of human rights abuses against its own people, and therefore the acts of violence and murder of civilians trigger the Responsibility to Protect (R2P).24 The Duque administration has continually violated Pillar I, actively harming its own population instead of protecting it from various crimes against humanity like the Pillar stipulates.25 According to the 2021 World Report by the Human Rights Watch, Colombian authorities have continued to expel Venezuelans accused of compromising public order and national security in the context of the protests, causing increased displacement of civilians and violating Pillar I even further.26 In order to assist the civilian population of Colombia, leeway in the currently tenuous negotiations between the government and demonstrators would be an important step. Diplomatic assistance by the international community may help the negotiations progress, with all international parties working towards a solid resolution to the social crisis in Colombia.

24 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 16. 25 Ibid, 6. 26 “World Report 2021: Colombia,” Human Rights Watch, accessed June 14, 2021. https://www.hrw.org/world-report/2021/country-chapters/colombia Canadian Centre for the Responsibility to Protect | 44 June 2021

A Brazil fan protests the Copa America and Jair Bolsonaro. © EFE

4. “Copa America 2021: la Cour suprême brésilienne donne son feu vert à la tenue de la compétition,” (“Copa America 2021: Brazil’s Supreme Court gives the green light to hold the competition”), Le Monde.

Despite receiving three appeals for the cancellation of the oldest running football championship in the world, Brazil’s highest court still went on to authorise the 47th edition of the Copa América. The tournament was supposed to have taken place in Colombia and Argentina last year but was postponed because of the pandemic. Faced with the prospect of holding the Copa this year, Argentina withdrew its place invoking reasons related to the growing public health crisis there. Colombia, which is currently being wracked by a social rebellion, also cited COVID-19 in its request to further postpone the tournament. However, the South American Football Confederation (CONMEBOL) abruptly changed its course and decided to choose Brazil, the second most hard-hit country in the world, as the host of Copa América 2021. As the country has been experiencing about 2000 deaths per day for the last two months, this judgement has undoubtedly brought on national condemnation. Radio Gaucha station alleged that several members and executives of Brazil’s national team requested not to play in the Copa’s first match which is between Brazil and Argentina on June 13th, 2021.27 The mayor of Rio de Janeiro, Eduardo Paes, has stated that he would ban any matches held in his city if the health crisis worsened. Even the judges who passed the resolution stated that they would expect the authorities to present them with a detailed plan of health and safety measures before the start of the competition. The lone supporter of the

27 Par Walid Kachour, “Des stars brésiliennes menacent de boycotter la Copa America en raison de l’épidémie de Covid-19,” Le Monde, accessed June 14, 2021. https://www.lemonde.fr/sport/article/2021/06/04/des-stars-bresiliennes-menacent-de-boycotter-la-copa-america- en-raison-de-l-epidemie-de-covid-19_6082875_3242.html Canadian Centre for the Responsibility to Protect | 45 June 2021 judgement is Brazilian President Jair Bolsonaro, who has been undermining the severity of the pandemic since it began.

This article highlights a number of different R2P issues. Firstly, CONMEBOL’s decision to choose Brazil as the host country for Copa América 2021 contradicts its responsibility as an international organization to assist the state in protecting its people.28 This decision is an added burden on Brazil’s already-collapsing health care system; resources will now be diverted from helping Brazilians to serving the incoming football teams and participants of the Copa. The CONMEBOL could have taken heed of Argentina and Colombia’s situations, and decided to postpone the event instead. Secondly, Brazilian leadership’s role in downplaying the disastrous consequence of COVID-19 on the country represents a grave neglect of its citizens.29 It is debatable whether the potential economic opportunities of the Copa outweigh its clearly harmful impact on Brazil’s public health system but for the time being the tournament is still being protested by many prominent footballers and Brazilian politicians.30

28 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 6. 29 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 20. 30 Par Walid Kachour, “Des stars brésiliennes menacent de boycotter la Copa America en raison de l’épidémie de Covid-19,” Le Monde, accessed June 14, 2021. https://www.lemonde.fr/sport/article/2021/06/04/des-stars-bresiliennes-menacent-de-boycotter-la-copa-america- en-raison-de-l-epidemie-de-covid-19_6082875_3242.html Canadian Centre for the Responsibility to Protect | 46 June 2021

Riot police stand guard outside the house of Cristiana Chamorro, a presidential candidate who was arrested this week, in Managua, Nicaragua, on June 2. © Inti Ocon/AFP/Getty Images

5. “Nicaragua : Washington sanctionne des proches d'Ortega après l'arrestation de candidats d'opposition,” (“Nicaragua: Washington sanctions Ortega’s relatives after the arrests of opposition candidates”). France 24.

After several opposition candidates were arrested just five months before the presidential election in Nicaragua, the United States decided to impose financial sanctions on senior officials close to President Daniel Ortega “who are complicit in the regime’s crackdown” on June 9th, 2021.31 The sanctions were levied because of Nicaragua’s inability to execute electoral reforms as demanded by the Organization of American States and the United Nations Human Rights Council. The four officials targeted by the sanctions were the President of the Central Bank Leonardo Ovidio Reyes Ramirez, MP Edwin Ramon Castro Rivera, General Julio Modesto Rodriguez Balladares and Ortega’s own daughter, Camila Antonia Ortega Murillo, who is the coordinator of the Commission for the Creative Economy. The US Treasury stated that these individuals were specifically sanctioned because of their support for repressive laws that have undermined the rights and freedoms of Nicaraguans. In further appeals made to Ortega’s government, the UN Secretary General Antonio Guterres and the US State Department have both demanded that the opposition candidates be released immediately as well as other detained civil society leaders. Moreover, the US called on the international community to treat Ortega as a dictator and “use diplomatic and economic tools” to fight Ortega’s wave of repression.32

31 “Nicaragua : Washington sanctionne des proches d'Ortega après l'arrestation de candidats d'opposition,” France 24, accessed June 14, 2021. https://www.france24.com/fr/am%C3%A9riques/20210609-nicaragua-washington-sanctionne-des-proches-d-ort ega-apr%C3%A8s-l-arrestation-de-candidats-d-opposition 32 Ibid. Canadian Centre for the Responsibility to Protect | 47 June 2021

This article emphasises the USA’s adherence to the third pillar of the R2P principle – responsibility of the international community to take collective action in a timely manner.33 As the four officials had “violated the human rights of [Guatemalan] civilians, tried to gag the independent news media” and demanded arbitrary arrests of their political dissidents, their actions were threatening to undermine democracy especially in light of the fact that there was an imminent presidential election.34 Thus, the USA’s peaceful response of targeted economic sanctions will hopefully coerce the affected members of Ortega’s regime to rethink their involvement in the dismantling of Nicaragua’s democracy – at least once the sanctions start to hurt their financial prospects.35

33 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 20. 34 “Nicaragua : Washington sanctionne des proches d'Ortega après l'arrestation de candidats d'opposition,” France 24, accessed June 14, 2021. https://www.france24.com/fr/am%C3%A9riques/20210609-nicaragua-washington-sanctionne-des-proches-d-ort ega-apr%C3%A8s-l-arrestation-de-candidats-d-opposition 35 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 31. Canadian Centre for the Responsibility to Protect | 48 June 2021

Inter-gang clashes have displaced more than 5,000 people in Port-au-Prince, Haiti. These people are in urgent need of humanitarian assistance and protection. © WFP/Antoine Vallas

6. “Des centaines d’habitants de Port-au-Prince fuient les violences des gangs,” (“Hundreds flee gang violence in Port-au-Prince”). 24 heures.

Armed clashes between gangs in Martissant, a district west of Haiti’s capital, forced hundreds of residents to flee their homes within the first week of June 2021. As of June 7th, Haitian civil protection identified 562 internally displaced persons (IDP) – including 69 children and five pregnant women – who had to take refuge in a neighbouring town’s church. Haitian humanitarian assistance helped distribute food, water, and hygiene kits to the IDPs. However, the UN’s estimate dwarfs the Haitian figure – the international organization suggested that more than 5000 people fled Martissant during the first week of June alone.36 The district of Martissant is subject to violence because of the resident gangs who constantly compete for power in the absence of strong civil authorities; this reality has seemed to translate into humanitarian efforts. For example, while the director general of the Haitian national police affirmed that several police stations had been attacked by gangs that same week and the violence had even led to the death of an inspector, the Haitian Prime Minister Claude Joseph declared that they would be able to resolve the issue through dialogue. As of now, Haitian authorities have not yet reported this incident while the UN has already listed the dead and injured count.

36 “Unprecedented rise in gang violence across Haiti’s capital displaces thousands,” UN News, accessed June 14, 2021. https://news.un.org/en/story/2021/06/1093762 Canadian Centre for the Responsibility to Protect | 49 June 2021

While the UN, and several local humanitarian agencies in Haiti, have been trying to provide an accurate representation of the incident and assist the affected people, Haitian leadership has been obstructing their path. Their lack of assistance during the initial aid provisions only adds to their growing record of incompetency during the past year which has seen many cases like the one in Martissant. More than 10,000 people have been internally displaced within Haiti during the past year because of similar gang-related violence.37 According to the UN Office for the Coordination of Humanitarian Affairs (UN OCHA), Haiti’s national police force is unable to protect the people during the clashes thus leaving vast urban populations vulnerable at times.38 Haiti’s leadership needs to strengthen the Rule of Law and civil society organizations, otherwise it will begin to have to deal with a whole host of other social problems like family separations, loss of livelihoods, school closures, and anxiety-induced emigration amongst local populations.39

37 “Daily Noon Briefing Highlights: Ethiopia – Haiti,” UN OHCA, accessed June 14, 2021. https://www.unocha.org/story/daily-noon-briefing-highlights-ethiopia-haiti 38 “Unprecedented rise in gang violence across Haiti’s capital displaces thousands,” UN News, accessed June 14, 2021. https://news.un.org/en/story/2021/06/1093762 39 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 22; “Unprecedented rise in gang violence across Haiti’s capital displaces thousands,” UN News, accessed June 14, 2021. https://news.un.org/en/story/2021/06/1093762 Canadian Centre for the Responsibility to Protect | 50 June 2021

US Vice President Kamala Harris waves before boarding Air Force 2, Andrews Air Force Base, Maryland, June 6, 2021. © AP/ Jacquelyn Martin

7. “Crise des migrants : « Ne venez pas », prévient Kamala Harris depuis le Guatemala,” (“Migrant Crisis: ‘Don’t come’, Kamala Harris warns Guatemala”), 20 minutes.

For her first international tour, US Vice President Kamala Harris went to Guatemala to present a more “humane” take on illegal immigration than the one previously championed by the Trump administration.40 However, while at a joint press conference with Guatemalan President Alejandro Giammattei on June 7th, Harris firmly told the Guatemalans, “Don’t come.”41 She called on Guatemala to work with the USA in resolving long-standing social issues which lead to illegal immigration, highlighting their common objective in alleviating anxiety from a region hard-hit by COVID-19, violence, and poverty in the past year. Harris talked about measures that would soon be implemented which would work towards this objective like a joint working group on human trafficking, a program to increase economic opportunities for women, and a group aimed at training Guatemalan prosecutors to accurately trace foreign bribery money. This visit comes after April 2021, the month which saw the

40 “Crise des migrants : « Ne venez pas », prévient Kamala Harris depuis le Guatemala.” 20 minutes, accessed June 14, 2021. https://www.20minutes.fr/monde/3056695-20210608-crise-migrants-venez-previent-kamala-harris-depuis-guate mala 41 “«Ne venez pas» : au Guatemala, Kamala Harris douche les espoirs des candidats à l’immigration clandestine,” Le Parisien, accessed June 14, 2021. https://www.leparisien.fr/international/ne-venez-pas-aux-etats-unis-kamala-harris-douche-les-espoirs-des-candid ats-a-limmigration-clandestine-08-06-2021-IW2TE4GDHJA6DMOSMFLCEMGYTU.php Canadian Centre for the Responsibility to Protect | 51 June 2021 highest number of undocumented migrants arrested at the border between Mexico and the USA; 82% of these migrants came from Mexico, Guatemala, Honduras, and El Salvador.

While the US administration is proposing important community measures to improve social problems and the standard of living in Guatemala, they are also blatantly dissuading Guatemalans from immigrating to the US in search of a better life. Many times, these immigrants go to America to escape violence or forced displacement.42 While the US is taking important steps towards implementing upstream preventative measures aimed at improving Guatemala’s own capacity to safeguard the R2P principle, they are also removing themselves as a viable option for Guatemalans who want to escape potential danger.43 Social and community problems take generations to resolve; while the USA’s initiative would strengthen Guatemalan civil society in the long-term, Guatemalans who may need to leave their homes right now are at immediate risk.

42 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 16. 43 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 21-22. Canadian Centre for the Responsibility to Protect | 52 June 2021

Felix Maradiaga speaks to the media after being arrested by authorities in Managua on June 8, 2021. © CARLOS HERRERA / REUTERS

8. “Au Nicaragua, un troisième opposant à Daniel Ortega arrêté en moins d’une semaine,” (“In Nicaragua, a Third Opponent of Daniel Ortega Arrested in Less than a Week”). Le Monde.

A third opponent and potential candidate for the presidency in Nicaragua, Felix Maradiaga, was arrested on June 8. Mr. Maradiaga was arrested after responding to an order from the prosecution team leading an investigation against him on a new legal arsenal inaugurated in December 2020 by President Ortega. This new law punishes “act (s) which undermine independence, sovereignty and self-determination, which incite foreign interference in internal affairs, require military intervention and are organized with funding from foreign powers, to commit acts of terrorism and destabilization.”

The US Department of State reacted, calling his arrest “arbitrary” and the president Ortega, who could run for a fourth successive term on November 7, a dictator. Felix Maradiaga is a pre-candidate at the National Opposition Union, a platform composed of civil society organizations that supported the 2018 protests demanding the resignation of President Ortega and which left 328 people dead.

Mr. Maradiaga is the third opponent and potential candidate of the presidential election on November 7 arrested in less than a week, after the arrest of journalist Cristiano Chamorro and former diplomat Arturo Cruz. The international community must use preventive and diplomatic measures to respond to the political crisis in Nicaragua, as President Ortega seems to showcase an apparent disregard for the democratic process.

Canadian Centre for the Responsibility to Protect | 53 June 2021

9. “Colombie : des milliers de manifestants de nouveau mobilisés contre le président Ivan Duque,” (“Colombia: thousands of demonstrators mobilize again against President Ivan Duque”). Le Monde.

In Colombia, the political and social crisis that started at the end of April continues to mobilize its citizens. On June 9, thousands of people gathered in cities across the country to protest against rising poverty, inequality and police brutality. The protests on June 9 are part of a series of demonstrations sparked on April 28 in response to a government-proposed tax reform. Since then, there have been almost daily demonstrations of various sizes, roadblocks, and violent clashes with the security forces. Meanwhile, negotiation between the government and protestors remains stalled.

The protests in Colombia have reached an unprecedented scale. So far, Human Rights Watch has confirmed that 34 deaths occurred in the context of the protests, at least 20 of whom appear to have been killed by the police.44 The Colombian government should immediately abide by its responsibility to protect by withdrawing the military forces from the streets and ensuring fair investigations into the police and military responses to the protests.45

10. “Coronavirus : Plus de 100.000 morts du Covid-19 en Colombie,” (“Coronavirus: more than 100,000 deaths in Colombia”). 20 Minutes. In proportion to its population, Colombia is the fourth country with the most deaths from the pandemic in Latin America and the Caribbean, and the sixth with the highest number of infections. Ivan Duque's response to the pandemic has been one of the primary motivators of the country's widespread protests and political crisis. Health authorities had identified a resurgence of the pandemic in early April, and restrictive measures were implemented in Colombia's main cities. However, since April 28, protests by thousands of Colombians have escalated, fueled by heavy police repression and alleged human rights abuses inflicted upon the protestors. Once again, the Colombian government should immediately abide by its responsibility to protect by withdrawing military forces from the streets and ensuring fair investigations into the police and military responses to the protests.

44 “Colombia: Egregious Police Abuses Against Protesters,” HumanRightsWatch, June 9, 2021. https://www.hrw.org/news/2021/06/09/colombia-egregious-police-abuses-against-protesters 45 “Atrocity Alert No. 255: Colombia, Recognizing Past Atrocities and Israel and the Occupied Palestinian Territories,” Global Centre for the Responsibility to Protect, June 2, 2021. https://www.globalr2p.org/publications/atrocity-alert-no-255/

Canadian Centre for the Responsibility to Protect | 54 June 2021

Further reading:

1. “Myanmar: Rights expert welcomes fresh sanctions against junta, urges other nations ‘step up”. UN News. May 20, 2021. (English) 2. “Asean leaders gather in Jakarta with junta leader in bid to end Myanmar crisis”. The Straits Times. April 24, 2021. (English) 3. “Myanmar Rohingya: What you need to know about the crisis”. BBC News. January 23, 2020. (English) 4. “Aung San Suu Kyi: Myanmar democracy icon who fell from grace”. BBC News. March 5, 2021. (English) 5. “Rohingya Refugee Crisis”. OCHA. August 29, 2018. (English)

Canadian Centre for the Responsibility to Protect | 69 June 2021

Indigenous Rights

Highlights:

Miners work in an illegal gold mine in Venezuela. © Meredith Kohut

1. “ONG venezolana denuncia ocupación de territorios indígenas por grupos armados,” (“Venezuelan NGO denounces occupation of indigenous territories by armed groups”). Diario Libre.

According to a report released by Venezuelan NGO FundaRedes, 44 Indigenous groups have been exposed to terrorist groups operating on ancestral lands.53 FundaRedes indicated that these armed groups control the movement of people and goods for the purpose of smuggling fuel and minerals. In addition to the organization affirming these groups “are the ones who have killed citizens”54, their interests have further resulted in the displacement of Indigenous populations which inevitably “fractures the social and cultural survival of Indigenous communities.”55 Jose Meijas, the head representative for the NGO, emphasizes

53 “FundaRedes denunció ocupación de territorios indígenas por parte de grupos armados irregulares,” FundaRedes, accessed June 12, 2021. https://www.fundaredes.org/2021/06/03/fundaredes-denuncio-ocupacion-de-territorios-indigenas-por-parte-de-g rupos-armados-irregulares/ 54 Ibid. 55 Ibid. Canadian Centre for the Responsibility to Protect | 70 June 2021 that the organization has been actively documenting the “absolute abandonment”56 of Indigenous populations by the Venezuela state for years and cite that the government's continuous dismissal of their responsibility to ensure the well-being and protection of its citizens is demonstrated by the failure of the Ombudsman’s Office to report the human rights violations occurring against Indigenous people.

This is especially concerning considering that there have been persistent appeals by FundaRedes, other human rights organizations and the opposition party denouncing the presence of armed groups and the violation of human rights that these communities have suffered before local, national and international authorities. Illegal mining operations have resulted in extreme violence and continue to go unaddressed by the Venezuelan state. Hence, the international community must expose and address this lawlessness to help protect the democracy of the country and the fundamental rights of Indigenous populations.

56 Ibid. Canadian Centre for the Responsibility to Protect | 71 June 2021

A Yanomami man and environmental defense agents stand in front of an illegal mine in Roraima. © Bruno Kelly / Reuters

2. “Jair Bolsonaro promete a los indígenas yanomami respetar su decisión de que no haya minería en sus tierras” (“Jair Bolsonaro promete a los indígenas yanomami respetar sus decisión de que no haya minería en sus tierras”). El Universo.

Since 2020, the Yanomami Indigenous people have signalled the presence of illegal miners and have warned authorities of the tension violence occurring within their reserves. Specifically, Indigenous authorities and organizations have denounced the increased presence of these illegal miners and have requested that forces remain in the area for the protection and well-being of the Yanomami people. As reported in the article, Jair Bolsonaro, the President of Brazil, though initially denying the existence of the illegal miners in the Yanomami territory has promised Yanomami leaders “that there will be no mining” following an order by Judge Luis Roberto Barroso of the Supreme Court demanding that the government to take “the necessary measures” to protect the “life, health and safety” of the Yanomami and Munduruku people “in the face of the threat of violent attacks and the presence of invaders.”57

57 “Barroso determina que PF informe situação de segurança na Terra Indígena Munduruku,” Conselho Nacional de Justiça, accessed June 12, 2021. https://www.cnj.jus.br/barroso-determina-que-pf-informe-situacao-de-seguranca-na-terra-indigena-munduruku/

Canadian Centre for the Responsibility to Protect | 72 June 2021

Based on the verdict by Barroso, evident signs of threat to life, health and safety of the communities located in the Yanomami and Munduruku territories were sufficiently demonstrated. There is an obvious danger in delaying the intervention of the State and/or the international community given that any time elapsed can be fatal and lead to further conflict and deaths. The prime responsibility of protecting and respecting Indigenous peoples rights rests with the State, both in the scope of national and international law.58 Hence, the Brazilian government must adhere to Pillar I of the R2P principle by demanding for the termination of the mining operations and the removal of illegal miners from Indigenous land. In doing so, the State would be actively partaking in “upstream prevention measures” under R2P including “protecting fundamental human rights and building national capacity” of minority groups and “encouraging the disarmament and effective arms control.”59 However, to avoid the repetition of the offence, if the State continues to remain dormant to the current crimes against humanity being committed against Indigenous groups within their borders, the international community must invoke Pillar II and III of the R2P principle and intervene without the need to request authorization from the Brazilian government for the purpose of protecting civilians at harm.60

58 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 6 59 Ibid. 22 60 Ibid. 6 Canadian Centre for the Responsibility to Protect | 73 June 2021

A statue of Queen Victoria at the Parliament building in Victoria, B.C. with red paint to signify the blood on her and the crown's hands during a protest following the discovery of the unmarked graves of Indigenous children from a former Residential School © Mike Graeme (White settler grassroots photographer).

3. “Canadá y la Iglesia deben investigar la fosa común encontrada en un internado para niños indígenas, señalan expertos,” (“Canada and the Church must investigate mass grave found in Residential School for Indigenous children, experts say”). Noticias ONU.

In early June, the remains of over 200 Indigenous children were discovered in a former Canadian Indian Residential School which is a part of the Indian Residential School System (IRSS) that was run by the Catholic Church and Canadian federal government until 1996, leading to the international community and a group of United Nations (UN) special rapporteurs to urge Canadian and Catholic authorities to fully investigate the discovery. This is a reminder of the victims' right to know the truth, however following this discovery at least 3 other unmarked graves with hundreds of Indigenous children have been discovered across Canada. A UN expert has said that "human rights violations have been committed on a large scale, [and] it is inconceivable that Canada and the Holy See leave these heinous crimes unaccounted for and without reparation[s].” The IRSS was part of the assimilation project by the Canadian government that forcibly removed over 150,000 (known) Indigenous children from their homes and once interned, were restricted from speaking their language, separated from their siblings and relatives in the schools and were forbidden from maintaining their Canadian Centre for the Responsibility to Protect | 74 June 2021 traditions, thus creating what would later be recognized as a cultural genocide whereby language and culture has been forcibly removed from Indigenous peoples and communities. Five special rapporteurs and a UN working group urged the Canadian government and the Catholic Church to promptly and thoroughly investigate the discovery, referring to the 2015 Truth and Reconciliation Commission of Canada report and calls to action, which found that Indigenous children from these institutes suffered malnutrition, physical, mental and sexual abuses, and that at least 4,000 Indigenous children were killed as a result of illness, neglect, accidents or abuses. However despite Prime Minister Trudeau referring to these findings as “a dark and shameful chapter in [Canada’s] history,” the reality of these atrocities is that more Indigenous children are found to be removed from their homes and placed in foster care today during both the IRSS and what is commonly referred to as the “60s Scoop” — a period following the peak of IRSS whereby Indigenous children were forcibly removed from their homes and placed in white homes via adoption or foster care — creating the current “Millennial Scoop”.6162

Human rights experts have stressed the right of victims to know the truth about the violations suffered, stating that "the judiciary must carry out criminal investigations into all suspicious deaths and complaints of torture and sexual violence against children housed in internees, and prosecute and punish perpetrators and accessories who may still be alive.” In December 2020, the Canadian federal government presented a bill to implement the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) which was implemented on June 22, 2021 as Bill C-15, making the federal and provincial governments directly in violation of the following articles: 7.2; 8.1; 8.2 (a,b,c,d,e); 10; 11.1; 11.2; 12.1; and 12.2.63 Without political equality for Indigenous peoples along with the implementation and respect of Indigenous rights, the Responsibility to Protect (R2P) can run the risk of becoming a “feedback loop of the very abuses R2P is meant to address,” through primarily the act of paternalism and control which perpetuates harm or the very atrocities this mandate is attempting to prevent or address.64 In terms of R2P, the specific crimes and violations which are occuring are distinctly genocidal, i.e., “acts committed with intent to destroy, in whole or in part a national, ethnic, racial, or religious group,” by “(b) causing serious bodily or mental harm to members of the group,” “(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part,” and most relevant “(e) forcibly transferring children of the group to another group.” 65 The Canadian government

61 “Descubrimiento <> en Canadá luego de que se encontraran los restos de 215 niños enterrados cerca de un internado,” CNN, accessed May 30, 2021. https://cnnespanol.cnn.com/2021/05/30/descubrimiento-impensable-canada-restos-215-ninos-internado-trax/ 62 “Season 2: Episode 8: Salesperson of the year,” Finding Cleo, CBC Podcast, accessed March 28, 2018. https://podcasts.apple.com/ca/podcast/missing-murdered-finding-cleo/id1166556648?i=1000406980745 63 “Declaración de las Naciones Unidas sobre los derechos de los pueblos Indígenas,” Naciones Unidas. https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_S_we b.pdf 64 “Indigenous Peoples and Responsibility to Protect (R2P); The shift-able nature of R2P - between paternalism, redress, recognition, and rights fulfilment,” India Reed Bowers, accessed July 15, 2020. https://www.cfg.polis.cam.ac.uk/files/r2p_and_ip_-_irb.pdf 65 “A Toolkit on the Responsibility to Protect,” ICRtoP. https://drive.google.com/file/d/0B2vUWHoB7UzgNHNhZG5qamJ5MFU/view?resourcekey=0-LCAe03qu7PA DDD8p7CX4Zg Canadian Centre for the Responsibility to Protect | 75 June 2021 along with the Catholic church must work in unison to create reparations for the survivors and families of survivors of this act of genocide against Indigenous children and communities, return found bodies of victims to their communities and locate missing bodies of victims but must also strive to dismantle these actions which contribute to the continuation of colonial violence and the genocide against Indigenous peoples.

Canadian Centre for the Responsibility to Protect | 76 June 2021

Indigenous land defenders with their fists raised in the air facing RCMP who have begun to militarize, what is hidden from this photograph are what the land defenders have brought as weapons: their traditions; their language, their drums, their feathers, and their voices. © Mike Graeme (White settler grassroots photographer).

4. “A pesar de detenciones y órdenes judiciales, la resistencia civil continua en Fairy Creek,” (“Despite arrests and court orders, civil resistance continues in Fairy Creek”). RSI.

The Royal Canadian Mounted Police (RCMP) have attempted to remove tree sitters who are chained to ancient trees, declaring themselves on a hunger strike, following weeks of forcible removal of several tree sitters from Fairy Creek. Throughout the previous 6 months hundreds of Indigenous land defenders and those in solidarity with the movement have been arrested or forcibly removed or detained by the RCMP for participating in peaceful protests against the destruction of ancient old growth forests in the area which environmental specialists say is the final remaining ancient old growth in southern Vancouver Island that is in an unprotected area. In British Columbia, the term "ancient forest" refers to trees that are generally 250 years or older on the coast and 140 years or older inland; the Sierra Club of British Columbia estimates that more than 140,000 hectares of ancient forest are logged in the province each year66. Arrests have been made for the violation of a Supreme Court order restricting protestors from blocking logging roads as a part of Canadian law protecting so-called “critical infrastructure” primarily from environmental terrorism (I.e. land defenders). The Fairy Creek logging is on the traditional territory of the Pacheedaht First Nation, which has signed agreements with the company and a revenue sharing agreement with the province for all timber cut on its land. 67 In a written statement earlier this month, hereditary head of the Pacheedaht, Frank Queesto Jones, and the head of the council, Jeff Jones, stated, "All parties must respect that it is the people of Pacheedaht who must determine

66 “Árboles centenarios son protegidos por activistas en Columbia Británica,” Radio Canada Internationale, accessed April 22, 2021. https://www.rcinet.ca/es/2021/04/22/arboles-centenarios-son-protegidos-por-activistas-en-columbia-britanica/ 67 Ibid. Canadian Centre for the Responsibility to Protect | 77 June 2021 how our forest resources will be used,” however, other indigenous people in the community have joined the protest against the Teal Cedar logging company.68 However, despite this statement, a few weeks later, The Pacheedaht, Ditidaht, and Huu-ay-aht First Nations formally gave notice to the province of B.C. to defer old-growth logging for two years in the Fairy Creek and Central Walbran areas on southwest Vancouver Island while the nations prepare resource management plans.69

Throughout the past several years, Indigenous land defenders have suffered threats and violence in their territories at the hands of the RCMP and political structures such as provincial and federal governments.70 For instance, in January and February 2020, Indigenous peoples and allies organized solidarity actions with land defenders of the Wet’suwet’en territory who faced rights violations committed by the federal and provincial governments of British Columbia which were enforced by the RCMP assembled from Canada.71 In October of 2020, the federal and provincial government of Ontario and the police failed to respond adequately to the violence and property damage experienced by Mi'kmaq peoples and fishermen in Nova Scotia when exercising their right to fish for lobster. In December 2020, the federal government presented a bill to implement the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) which was implemented on June 22, 2021 as Bill C-15, making the federal and provincial governments directly in violation of the following articles: 11.1; 12.2; 19; 25; 26.1; 26.2; 26.3; 29.1; 29.2; 30.1; 30.2; 31.1; 31.2; 32.1; 32.2; 32.3; 33.2; 35; and 37. In terms of the Responsibility to Protect (R2P), crimes and violations that are occurring are under the pillar of genocide which is defined as “acts committed with intent of destroying, in whole or in part, a national, ethnic, racial or religious group” which include “(b) causing serious bodily or mental harm to members of the group”, and “(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part,” both which are enforced by the RCMP and both federal and provincial governments of Canada toward Indigenous peoples.7273 Protecting the rights of Indigenous peoples, more specifically the rights to self-determination, autonomy, as well as prevention universally against genocide and atrocities, as allyship at all levels, is good practice of the Responsibility to Protect (R2P) mandate.74 R2P, as a shared responsibility and activity with Indigenous Peoples is a simple logic; whether you see someone being abused or suffering, or

68 Ibid.. 69 “Pacheedaht First Nation tells B.C. to defer old-growth logging in Fairy Creek,” The Narwhal, accessed June 7, 2021. https://thenarwhal.ca/bc-pacheedaht-old-growth-logging-deferral-fairy-creek/ 70 “Canada 2020,” Amnestia Internal. Accessed 2021. https://www.amnesty.org/es/countries/americas/canada/report-canada/ 71Ibid. 72 “Declaración de las Naciones Unidas sobre los derechos de los pueblos Indígenas,” Naciones Unidas, https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/19/2018/11/UNDRIP_S_we b.pdf 73“A Toolkit on the Responsibility to Protect,” ICRtoP. https://drive.google.com/file/d/0B2vUWHoB7UzgNHNhZG5qamJ5MFU/view?resourcekey=0-LCAe03qu7PA DDD8p7CX4Zg 74 “Indigenous Peoples and Responsibility to Protect (R2P); The shift-able nature of R2P - between paternalism, redress, recognition, and rights fulfilment,” India Reed Bowers, accessed July 15, 2020. https://www.cfg.polis.cam.ac.uk/files/r2p_and_ip_-_irb.pdf Canadian Centre for the Responsibility to Protect | 78 June 2021 whole groups being persecuted, members of said state and those within the international community must act on these violations.75

75 Ibid. Canadian Centre for the Responsibility to Protect | 79 June 2021

Improvised altar to commemorate the children who died in the residential school of Kamloops in front of the government building in Kingston, Ontario. © LARS HAGBERG / AP

5. “Canadá: Los niños perdidos de Kamloops,” (“Canada: The Lost Kids of Kamloops”). El Pais.

On May 27th of 2021, the remains of 215 indigenous children were found by the Chief of the Tk’emlups te Secwepmc tribe, Rosanne Casimir, in the province of British Columbia where the Kamloops residential school was located. In this article, the author lays out the aftermath that this discovery has unleashed on Canada. Since the discovery, hundreds of children’s shoes have appeared in public spaces to symbolize the discontent and frustration people experience due to the uncertainty of the amount of hidden deaths of indigenous children. The Prime Minister, Justin Trudeau, has stated publicly that the discovery is a “painful reminder of the dark and shameful past.”76 Luckily, the discovery has led to action in the form of investigations that aim to find more hidden remains of deceased indigenous children in other territories. In the provinces of Alberta and Ontario, for example, funds will be allocated for the search, identification and commemoration of any lost indigenous children. In fact, Carolyn Bennett, the minister of Indigenous Relations, pointed out that as of June 2nd, there is a 27-million-dollar budget that has yet to be utilized for the purpose of reconciliation.77 Lastly, a group of lawyers has requested to the International Court that an investigation be opened regarding crimes against humanity.

This is where the need for the Responsibility to Protect (R2P) principle comes in. A group of United Nations special rapporteurs has requested that there be an in-depth investigation into each of the residential schools as they are responsible for the violation of the human rights of the children in the indigenous community. As Pillar 1 of the R2P principle states “the state bears the primary responsibility to protect its populations from war

76 Jaime Porras Ferreyra, “Los niños perdidos de Kamloops,” El País, accessed June 19, 2021. https://elpais.com/internacional/2021-06-05/los-ninos-perdidos-de-kamloops.html 77 Ibid. Canadian Centre for the Responsibility to Protect | 80 June 2021 crimes, ethnic cleansing and other crimes against humanity.”78 Through the lack of reconciliation measures and the discovery of increasing remains of indigenous children, it has been made clear that Canada has violated this principle, and henceforth, needs to ensure action to promote reconciliation with the indigenous population. One way to begin, as the article suggests, is to include the topic of reconciliation and indigenous rights in the school curriculum. This is a good method as it will increase awareness and promote recognition on behalf of the colonizing country that they committed and continue to commit a crime against humanity by disregarding the need to respect and uphold indigenous rights. Although education is the first step, there is more Canada can do, and hopefully will do.

78 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 6. Canadian Centre for the Responsibility to Protect | 81 June 2021

6. “La lucha del pueblo kakataibo por su territorio y su vida,” (“The fight of the kakataibo people for their territory and their lives”). El País.

In this article published by El País, the author highlights the need for the Peruvian state to do something about the violence that has been occurring in indigenous towns, especially during the pandemic. The author explains that during the pandemic, there have been an increasing amount of illegal acts being committed by drug dealers who invade the habitat of these communities. According to the “Instituto del Bien Común (IBC) de Manos Unidas” (The Institute of the Common Good of the Unified Hands) in Peru, there have been 12 assassinations of indigenous leaders in the Peruvian amazon.79 Out of all of these deaths, the article notes that the one with the most impact is the community of Kakataibo, where four leaders were killed. This harassment by drug dealers is aggravated by the fact that the legal system in Peru has done nothing to find and arrest the perpetrators who are responsible for the murders. In fact, the author notes that institutions in Peru such as the police and prosecution do not have the necessary normative instruments to deal with these cases, and much less to prevent them.

The Responsibility to Protect (R2P) principle states that when a state is unable to prevent these crimes against humanity and violation of indigenous and human rights, then, according to the second pillar, “the international community has a responsibility to take appropriate diplomatic, humanitarian and other peaceful means to help protect populations from these crimes.”80 In this situation, it is most crucial for Peru to protect their indigenous communities. Unfortunately, as noted in the article, there is no budget for guaranteeing a safe

79 Luis Hallazi, “La lucha del pueblo kakataibo por su territorio y su vida,” El País, accessed June 19, 2021. https://elpais.com/planeta-futuro/2021-06-10/la-lucha-del-pueblo-kakataibo-por-su-territorio-y-su-vida.html 80 International Coalition for the Responsibility to Protect RtoP Toolkit on the Responsibility to Protect. (New York: International Coalition for the Responsibility to Protect, n.d.), 6.

Canadian Centre for the Responsibility to Protect | 82 June 2021 refuge to indigenous leaders. Therefore, it is urgent for the Peruvian state to find ways to save the lives of the indigenous leaders who are being threatened by narcoterrorism. In the case that the Peruvian state fails to do this, the international community should find a way to provide aid and refuge for these indigenous communities under threat, such as the community of the kakataibo.

Canadian Centre for the Responsibility to Protect | 83 June 2021

Indigenous groups protesting in Brasilia, April 2019. ©Sara Shenker/Survival International 7. "Pueblos indígenas no contactados y un millón de hectáreas de selva amazónica en peligro de desaparecer, en Brasil," (“Uncontacted indigenous peoples and one million hectares of the Amazon Rainforest are in danger of disappearing, in Brazil”). SBS Español.

Land protection ordinances will expire in September and November 2021, yet Brazilian authorities have not renewed Land Protection Orders (LPOs). This article concerns Survival International’s campaign about the intention of Jair Bolsonaro’s government to abolish the aforementioned protections, which constitute a vital safeguard for uncontacted indigenous peoples in Brazil. LPOs are emergency orders used to protect uncontacted tribes’ territories that have not been through the long process of official demarcation. Uncontacted tribes are communities of indigenous peoples living without or avoiding contact with the dominant society. The mentioned LPOs protect more than one million hectares of the Amazon rainforest, prohibiting the entry of miners, loggers, gold diggers and land buyers. Survival International states that forests could be destroyed entirely without the renewal of such protections, and the seven uncontacted indigenous peoples who depend on them for survival could disappear.

The article mentioned that one of the LPOs protects the home of the last members of the Piripkura indigenous people. After multiple massacres, only three of its members are known to exist. Survival International stated that these protections are, therefore, “crucial to avoid a genocide.” According to R2P, “each individual state has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity.”

Canadian Centre for the Responsibility to Protect | 84 June 2021

Indigenous peoples, just like any other members of a state, have the right to be protected against the violations mentioned above. Nevertheless, without the renewal of LPOs, the Brazilian government fails to uphold its responsibility in guaranteeing the protection of such a right.

Canadian Centre for the Responsibility to Protect | 85 June 2021

The ethnic groups that live in the area are threatened by illegal mining. © Marcelo Camargo/ Agencia Brasil 8. "Gobierno envía a la Fuerza Nacional a reserva yanomami," (Government sends National Force to Yanomami reserve). Agência Brasil.

This article discusses the authorization, signed by Justice Minister Anderson Torres, on June 14 to deploy National Public Security Force agents to reinforce the Yanomami Indigenous Land's protection - the largest indigenous territory in Brazil. With approximately 9.66 million hectares, the Yanomami reserve comprises a part of the territories of the states of Roraima and Amazonas in the north of Brazil. The region has been invaded by miners and loggers, sparking violent conflicts against indigenous communities. According to the Yanomami Hutukara Association, an organization composed of representatives of all indigenous peoples living in the reserve, around 20 thousand miners work illegally in the demarcated area: increasing deforestation, polluting streams with mercury and iodine - eroding river banks. Hence, National Public Security Force agents will provide support to the National Indian Foundation (FUNAI) officials to preserve the public order and the safety of people and property.

In May 2021, the indigenous association denounced a series of attacks against their communities in the area. Also, in May, Supreme Court Judge Luis Roberto Barroso ruled that the federal government, by all means, must guarantee the preservation of demarcated lands and the protection of the Yanomami and Munduruku peoples. This decision is a consequence of a petition written by the Articulation of Indigenous Peoples of Brazil (APIB), which requested the withdrawal of invaders from the aforementioned indigenous lands "in the face of an imminent genocide and the growing dissemination of malaria and COVID-19 in the region due to illegal miners." According to APIB, there are 55.769 confirmed cases of

Canadian Centre for the Responsibility to Protect | 86 June 2021 indigenous people infected with the virus, with about 163 affected Indigenous Communities.81

9. “La condición indígena en los servicios de salud: comparación de la calidad en la atención 2012-2018 para la población en pobreza,” (“Indigenous status in health services: comparison of quality of care 2012-2018 for poor population”). Salud Pública de México

This article specifically highlights the discrepancies in healthcare services towards indigenous communities in Mexico between 2012 and 2018. In developing nations, impoverished and vulnerable peoples are far more likely to have less-than-satisfactory healthcare conditions. While there are initiatives like Prospera that seek to provide more affordable services, they are not able to keep up with the entirety of demands in the communities they focus on. Indigenous communities reported that due to the lack of infrastructure to these programs, they receive fewer medicines and are unable to perform satisfactory laboratory tests in their units. In respect to the infrastructural needs and the sub-par interpersonal communication, this report states that “when these aspects are not covered or do not respond to the needs of the population, there is a risk of generating or increasing health inequities, which are aggravated when dealing with vulnerable populations”. These issues are also emboldened by the rurality of indigenous groups in Mexico, making it difficult to centralize the public healthcare systems. In respect to these issues on the public systems, both indigenous and non-idigenous groups are pushing for more private healthcare as the alternative is not meeting the needs of either group. In order to fix this problem, the structure of and care within these healthcare systems must be reevaluated and revamped in order to provide necessary services to those most vulnerable.

In alignment with the doctrines of the Responsibility to Protect, the need to take care of vulnerable populations is essential. While R2P often refers to situations associated with war, healthcare needs must also be given proper humanitarian responses. Axworthy and Rock state that “if R2P does not apply to situations where a government is actively working to deprive large numbers of people of life-saving assistance, then we must ask how far the international community has come in saying that it will never again sit idly by in the face of mass human catastrophe”.82 By not providing adequate care and infrastructure to these communities, the governments are actively failing to protect their own people, which is why those within the international community must keep each other accountable when it comes to all humanitarian concerns. It may be considered a crime against humanity to force vulnerable peoples into life-threatening situations when they are unable to get medication or are unable to access any reasonable care whatsoever. The healthcare needs of indigenous communities must become a priority for governments all around the world.

81 “Emergência Indígena,” Articulação dos Povos Indígenas do Brasil (Articulation of Indigenous Peoples of Brazil, APIB), accessed June 19, 2021, https://emergenciaindigena.apiboficial.org 82 Axworthy, Lloyd, and Allan Rock. " R2P: A New and Unfinished Agenda", Global Responsibility to Protect 1, 1 (2009): 54-69, doi: https://doi.org/10.1163/187598409X405479 Canadian Centre for the Responsibility to Protect | 87 June 2021

Further reading:

1. “The Yanomami,” Survival International. (English) 2. “Brazilian wildcat miners attack police and burn indigenous homes in Amazon,” The Guardian. May 28, 2021. (English) 3. “From tribal politics to the world stage: New Zealand’s pioneering foreign minister,” MSN. May 27, 2021 4. “Canada: Remains of 215 children found buried near Kamloops Indian Residential School,” CNN. June 1, 2021. (English) 5. “Kamloops residential school has woken up world to ‘genocide’ in Canada, Bellegarde says,” The Globe and Mail. June 20, 2021. (English) 6. “Important progress towards the protection of the uncontacted Kakataibo Indigenous People,” IBC Peru. June 22, 2021. (English) 7. Violence against Peru's indigenous communities surges as drug traffickers move in,” France 24. May 8, 2021. (English) 8. “Indigenous Cacataibo of Peru threatened by land grabbing and drug trade,” Mongabay. January 15, 2021. (English)

Canadian Centre for the Responsibility to Protect | 88 June 2021

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Hallazi, Luis. “La lucha del pueblo kakataibo por su territorio y su vida.” El País. June 9, 2021. https://elpais.com/planeta-futuro/2021-06-10/la-lucha-del-pueblo-kakataibo-por-su-ter ritorio-y-su-vida.html

“Jair Bolsonaro promete a los indígenas yanomami respetar su decisión de que no haya minería en sus tierras.” El Universo. May 30, 2021. https://www.eluniverso.com/noticias/internacional/jair-bolsonaro-promete-a-los-indig enas-yanomami-respetar-su-decision-de-que-no-haya-mineria-en-sus-tierras-nota/

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Kuo, Lily. “Tribunal to examine China genocide allegations begins as Beijing slams ‘farce’ hearing.” The Washington Post, June 4, 2021. https://www.washingtonpost.com/world/asia_pacific/china-genocide-human-rights-uy ghurs/2021/06/04/aff9118a-c4db-11eb-89a4-b7ae22aa193e_story.html

Méndez, Paloma M. “A pesar de detenciones y órdenes judiciales, la resistencia civil continúe en Fairy Creek.” RCI. June 1, 2021. https://ici.radio-canada.ca/rci/es/noticia/1797886/a-pesar-de-detenciones-y-ordenes-ju diciales-la-resistencia-civil-continua-en-fairy-creek-

“Nicaragua : Washington sanctionne des proches d'Ortega après l'arrestation de candidats d'opposition.” France 24, June 9, 2021. https:// www.france24.com/fr/am%C3%A9riques/20210609-nicaragua-washington-sanctionn e-des-proches-d-ortega-apr%C3%A8s-l-arrestation-de-candidats-d-opposition

“ONG venezolana denuncia ocupación de territorios indígenas por grupos armados.” Diario Libre. June 3, 2021. https://www.diariolibre.com/actualidad/internacional/ong-venezolana-denuncia- ocupacion-de-territorios-indígenas-por-grupos-armados-CF26673133

Porras Ferreyra, Jaime. “Los niños perdidos de Kamloops.” El País. June 5, 2021. https:// elpais.com/internacional/2021-06-05/los-ninos-perdidos-de-kamloops.html

Pueblos indígenas no contactados y un millón de hectáreas de selva amazónica en peligro de desaparecer, en Brasil." SBS Español. May 9th, 2021. https://www.sbs.com.au/language/spanish/audio/pueblos-indigenas-no-contactados-y- un-millon-de-hectareas-de-selva-amazonica-en-peligro-de-desaparecer-en-brasil.

“U.S. Allies Urge China to Allow ‘Unfettered Access’ to Xinjiang.” Bloomberg News. May 31, 2021. https://www.bloomberg.com/news/articles/2021-05-31/australia-new-zealand-call-on- china-to-let-un-visit-xinjiang

“‘Uyghur Tribunal’ opens with testimony of alleged rape, torture.” Aljazeera News. June 4, 2021. https://www.aljazeera.com/news/2021/6/4/uighur-tribunal-hears-evidence-of-alleged- china-abuses

Velasco, Hector. “Colombie | Journée de discussions sans accord pour tenter de sortir de la crise.” La Presse. June 2, 2021. https://www.lapresse.ca/international/amerique-latine/2021-06-01/colombie/journee-d e-discussions-sans-accord-pour-tenter-de-sortir-de-la-crise.php#

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Wieting, Ayse. “Uyghur Exiles Describe Forced Abortions, Torture in Xinjiang.” AP NEWS. Associated Press, June 3, 2021. https://apnews.com/article/only-on-ap-middle-east-europe-government-and-politics-7 6acafd6547fb7cc9ef03c0dd0156eab

“西藏和平解放70周年中外学者称赞西藏人权保障.” China News, May 26, 2021. https://www.chinanews.com/gn/2021/05-26/9485898.shtml.

“西藏年度人权报告.” Tibet Center for Human Rights, May, 2021. https://tchrd.org/wp-content/uploads/2021/04/Chinese-annual-report.pdf.

“中国：藏僧被拘押殴打致死.” Human rights watch, January, 2021. https://www.hrw.org/zh-hans/news/2021/01/21/377632.

“中共透过关闭私立藏文学校，加剧对西藏语言权利.”Voice of Tibet. June 8, 2021. https://cn.vot.org/2021/06/08/中共透过关闭私立藏文学校，加剧对西藏语言权利/

“美国参议院通过抗中法案，加强关注达赖喇嘛转世权.”Voice of Tibet, June 10, 2021. https://cn.vot.org/2021/06/10/美国参议院通过抗中法案，加强关注达赖喇嘛转世/

“欧盟代表：我们一直在敦促中共改善西藏人权.” Voice of Tibet, May 20, 2021. https://cn.vot.org/2021/05/20/欧盟代表：我们一直在敦促中共改善西藏人权/ “美国无权对西藏人权评头论足——中国西藏文化保护与发展协会就美国通过相关涉华法案发表声明.” Xinhua Net, December 30, 2020. http://www.xinhuanet.com/politics/2020-12/30/c_1126925722.htm

“习近平新西藏方略：宗教中国化与边境安全引关注.”BBC, September 4, 2020. https://www.bbc.com/zhongwen/simp/chinese-news-54023845

“TCHRD西藏人权报告: 中共持续在严厉打压西藏人权.” Voice of Tibet, April 27, 2021.https://cn.vot.org/2021/04/27/tchrd%E8%A5%BF%E8%97%8F%E4%BA%BA %E6%9D%83%E6%8A%A5%E5%91%8A%EF%BC%9A%E4%B8%AD%E5%85 %B1%E6%8C%81%E7%BB%AD%E5%9C%A8%E4%B8%A5%E5%8E%89%E6 %89%93%E5%8E%8B%E8%A5%BF%E8%97%8F%E4%BA%BA%E6%9D%83/

“В Мьянме после захвата власти военными в феврале были убиты не менее 840 человек.” TASS, June 1, 2021. https://tass.ru/mezhdunarodnaya-panorama/11531767

“Замглавы МИД Южной Кореи призвал к восстановлению демократии в Мьянме.” Regnum, June 25, 2021. https://regnum.ru/news/polit/3305809.html

“Лидер военной хунты Мьянмы пообещал провести всеобщие выборы.” Regnum, June 7, 2021. https://regnum.ru/news/polit/3289762.html

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“КНДР оказала гуманитарную помощь Мьянме.” Regnum, June 17, 2021. https://regnum.ru/news/polit/3298802.html

“Лодка с беженцами из Мьянмы оказалась у побережья Индонезии.” Regnum, June 4, 2021. https://regnum.ru/news/accidents/3288678.html

“Спецпосланник ООН предупредил об опасности гражданской войны в Мьянме.” Regnum, June 19, 2021. https://regnum.ru/news/polit/3300580.html

“США признали активную роль Индонезии в урегулировании кризиса в Мьянме.” Regnum, June 1, 2021. https://regnum.ru/news/polit/3284672.html

“Путин не планирует встречаться с главой военных властей Мьянмы, который находится в Москве.” Tass, June 22, 2021. https://tass.ru/politika/11715269

“Четыре жительницы Мьянмы запросили у Южной Кореи статус беженца.” Regnum, June 25, 2021. https://regnum.ru/news/polit/3305960.html

“Экс-госсоветника Мьянмы и нобелевского лауреата обвинили в получении взятки.” Regnum, June 10,2021. https://regnum.ru/news/polit/3293080.html

,Al Jazeera. June 9 ”,التحاد الدولي للصحفيين يدين اقتحام مسلحي المجلس النتقالي مقا ّر إعلمية في عدن“ 2021. التحاد-الدولي-للصحفيين-يدين-اقتحام/https://www.aljazeera.net/news/humanrights/2021/6/9

.Al Jazeera. June 6, 2021 .”الحكومة اليمنية تدعو المجتمع الدولي لتخاذ موقف من هجمات الحوثيين“ الحكومة-اليمنية-تدعو-المجتمع-الدوليhttps://www.aljazeera.net/news/politics/2021/6/6/2-

,CNN Arabic. June 4 ”الخارجية المريكية: الحوثيون يتحملون مسؤولية كبيرة عن الزمة المستمرة في اليمن“ 2021. https://arabic.cnn.com/middle-east/article/2021/06/04/us-houthis-bear-major-responsi bility-ongoing-crisis-in-yemen

Al-Arabiya. June 10, 2021 ",الحوثي والطفال.. حشود ضخمة لمواقع اللغام على الجبهات" https://www.alarabiya.net/arab-and-world/yemen/2021/06/10/%D8%A3%D8%B7%D 9%81%D8%A7%D9%84-%D9%84%D9%85%D9%88%D8%A7%D9%82%D8%B9 -%D8%A7%D9%84%D8%A3%D9%84%D8%BA%D8%A7%D9%85-%D8%A7%D 9%84%D8%AD%D9%88%D8%AB%D9%8A-%D9%8A%D9%86%D9%82%D9%8 4-%D8%AF%D9%81%D8%B9%D8%A7%D8%AA-%D9%85%D9%86-%D8%A7 %D9%84%D9%85%D8%B1%D8%A7%D9%83%D8%B2-%D8%A7%D9%84%D8 %B5%D9%8A%D9%81%D9%8A%D8%A9-

.Human Rights Watch. June 1, 2021 ”,اليمن: الحوثيون يخاطرون بصحة المدنيين بوجه 'كورونا'“ https://www.hrw.org/ar/news/2021/06/01/378832 Canadian Centre for the Responsibility to Protect | 93 June 2021

.Al-Jazeera Arabic. June 4, 2021 ”,رواية مرعبة للتعذيب في سجون سرية بـمنشأة بلحاف في اليمن“ https://www.aljazeera.net/news/humanrights/2021/4/30/

.CNN Arabic ”,سفارة أمريكا في اليمن تعلق على تقارير ضرب الحوثي محطة وقود بصاروخ باليستي في مأرب“ June 7, 2021. https://arabic.cnn.com/middle-east/article/2021/06/07/us-embassy-yemen-reaction-ho uthi-targets-gas-station-reports

”,فيروس كورونا: اتهامات للحوثيين بـتقويض جهود توفير اللقاحات في المناطق الخاضعة لسيطرتهم شمالي اليمن“ BBC Arabic. May 1, 2021. https://www.bbc.com/arabic/middleeast-57279991

.CNN Arabic. June 10, 2021 ”,وسائل إعلم يمنية: مقتل 8 و ُجرح 27 في قصف للحوثيين على مدينة مأرب“ https://arabic.cnn.com/middle-east/article/2021/06/11/8-dead-and-27-wounded-in-hou thi-shelling-marib-yemen

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