R2P Dispatch
May 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 May 2021
Table of Contents
Arabic Division 2 Syria
Chinese Division 10 Xinjiang Region
English Division 22 Myanmar
French Division 33 The Sahel Region
Russian Division 51 North Korea
Spanish Division 57
Latin America
Bibliography 76
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 May 2021
Syria
Highlights:
Soldiers of the regime forces raise the victory sign next to the flag in Tal Al-Hara, on top of a hill in the Southwestern province of Daraa. ©AFP …Including a child“) ”,بينهم طفل.. 7 قتلى مدنيين وعسكريين في درعا والقنيطرة بعمليات متفرقة“ .1 7 civilians and soldiers were killed in Daraa and Quintera, in separate operations”). Enaab Baladi.
According to reports published by a Syrian non-profit media organization, several individuals have recently been killed in Syria by attacks ranging from direct gunfire to explosions. The report highlights that many of the recent deaths in the Syrian cities of Daraa and Quintera have been assassinations of either Syrian government forces or the opposition’s forces. Assassinations of military personnel have likely increased due to persistent fighting for territorial ownership of the two aforementioned areas. However, military personnel are not the only ones affected, with civilian deaths also increasing in these regions. This demonstrates that Syrian civilians continue to be caught in the crossfire between government forces and the opposition. Of particular concern is the death of a child who was killed when a device exploded on the side of the road in the northern countryside of Daraa. Ultimately, these events highlight that fighting in Syria continues to contribute to a rising civilian death toll.
The ten year Syrian Civil War continues to generate civilian deaths. As previously mentioned, civilians are often caught in the crossfire between opposition forces and Syrian government forces. However, the Syrian government has notably been accused of targeting
Canadian Centre for the Responsibility to Protect | 2 May 2021 civilians as a military strategy. With Syrian government forces being responsible for over 150,000 civilian deaths, their complicity in civilian suffering remains an international issue.1 Additionally, the evidence presented by humanitarian agencies indicates that the Syrian government is in fact murdering civilians.2 This constitutes a crime against humanity, thus, any coercive action against the Syrian government is sanctioned under R2P.3
In numbers. The“) ”,بالرقام.. أزمة اللجئين والنازحين السوريين بعد 10 سنوات من الحرب“ .2 Syrian refugee and displacement crisis after 10 years of war”). CNN Arabic.
For the past ten years, the Syrian Civil War has marked itself as one of the worst humanitarian crises of this era. Statistics collected by the United Nations High Commissioner for Refugees (UNHCR) have shown that this long drawn out war has resulted in 5.5 million Syrians having to seek refuge in neighbouring countries. This statistic is particularly alarming since approximately 66% of all Syrian refugees are women and children. The UNHCR’s research also indicates that conditions for refugees often do not improve after they escape the war, with 1.8 million refugees having to reside in refugee camps with poor conditions. These statistics outline that the situation in Syria remains dire and continues to constitute a serious humanitarian crisis.
1 Why Has the Syrian War Lasted 10 Years?,” BBC News, accessed 16 March 2021, https://www.bbc.com/news/world-middle-east-35806229. 2 Why Has the Syrian War Lasted 10 Years?,” BBC News, accessed 16 March 2021, https://www.bbc.com/news/world-middle-east-35806229. 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 | 3 May 2021
A family of Syrian refugees. ©Sean Gallup/ Getty Images
الدنمارك: يجب عدم إجبار المئات من اللجئين السوريين على العودة إلى منطقة الحرب السورية بشكل غ“ .3 Denmark: Hundreds of Syrian refugees must not be forced to return to“) ”,قانوني the Syrian war zone illegally”). Amnesty International.
The article from Amnesty International describes the precarious and dangerous situation that hundreds of Syrian refugees in Denmark face, as they have been stripped of their residency permits and await ruling to determine whether they will be forced to return to Syria. The Danish Immigration Services has informed the refugees that if the government considers Damascus and the neighboring cities to be safe, they will be forced to return. Between January 2020 and April 2021, Denmark revoked the residency permits of at least 380 refugees, who were then forced to return to the identified ‘safe’ regions in Syria.4
According to Amnesty International sources, 39 Syrians have received a final decision, and are at risk of returning to Syria once Denmark re-establishes diplomatic relations with Damascus. While Syrian refugees await the government’ decision, their temporary protection status and residency permits have been revoked. Although their expulsion is not yet official, removing their permits and protection status offers them no defence and freedom when awaiting for the final ruling. Niels Muznex, the Director of Amnesty International’s Europe Program states that, while they await their deportation, these Syrian refugees are being transferred and held in ‘return centers.’ People inside return centers face a myriad of constrictions. They are unable to work, continue their education, or receive
4 “Denmark: Hundreds of Syrian refugees must not be forced to return to the Syrian war zone illegally”, Amnesty International, April 23, 2021. https://www.amnesty.org/ar/latest/news/2021/04/denmark-hundreds-of-refugees-must-not-be-illegally-forced-ba ck-to-syrian-warzone/ Canadian Centre for the Responsibility to Protect | 4 May 2021 government benefits. Coupled with an unidentified waiting period, these constrictions pose serious disadvantages for Syrian refugees who require social and financial assistance.5
Lastly, the article explains how upon their return to Damascus and areas controlled by the Syrian government, civilians must undergo a rigorous ‘security clearance’ that involves intense interrogation by Syrian forces, with the process possibly including the use of torture, extrajudicial executions, and enforced disappearances- making the return to Damascus dangerous and volatile. The case of the Syrian refugees in Denmark, invokes R2P, as the deportation and forcible transfer of populations constitute crimes against humanity under the Rome Statute.6 Furthermore, the discriminant conditions of ‘return’ centers, and the unsafe entry into Damascus, also poses a threat to the lives of the affected Syrians. Ultimately, the return to Syria is categorically unsafe, and in order to prevent any further displacement and suffering, immediate intervention is required.
5 Ibid. 6 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 | 5 May 2021
Syrian refugees in a camp on the border with Turkey. ©Getty Images
United Nations: 12.4“) ”,المم المتحدة: 12.4 مليون سوري يعانون من انعدام المن الغذائي“ .4 million Syrians are food insecure”). Al-Jazeera Arabic.
This article from Al-Jazeera, explains how the issue of food insecurity has only worsened in Syria, due to the coupling effect of Covid-19 and a falling currency rate. The World Food Program states that food prices across Syria in early 2021, are 33 times higher than the average of the past five years.The country’s descent into constant war and political volatility, has severely impacted its economic stability and has made access to even the most basic necessities increasingly difficult and unattainable for the average Syrian citizen. The United Nations World Food Program stated that more than 12 million citizens struggle to find enough food, meaning that 60% of the population suffers from food insecurity. These numbers represent a sharp increase of over 9 million people, since May of 2020.7
This dramatic increase signifies a deteriorating condition which continues to threaten thousands of people each day. Furthermore, the economic crisis in neighboring Lebanon has decreased the amount of foreign currency in Syria, which has only meant more economic strain for the country. This has directly impacted the citizens, who continue to slide more and more into poverty and food insecurity each day. UN Spokesperson Hariella Lawson explains that the food insecurity crisis means that many of Syrian citizens depend entirely on humanitarian aid to survive. This condition is unsustainable and poses serious risks to the health and livability of citizens. The Damascus government has proven unable to rectify the
7 “United Nations: 12.4 million Syrians are food insecure” Al-Jazeera Arabic, February 13, 2021. المم-المتحدة- 4-12 -مليون-سوري-يعانو/https://www.aljazeera.net/news/politics/2021/2/13 Canadian Centre for the Responsibility to Protect | 6 May 2021 situation, and the crisis only worsens by the day. The food insecurity crisis is a continuous threat to the lives of the citizens, and thus, constitutes a crime against humanity. The R2P codification of crimes against humanity includes great suffering and serious harm to the body, which are both aspects that are clearly present in this case and highlighted in the article.8
Britain imposed“) ”,بريطانيا تفرض عقوبات على 6 شخصيات بارزة في نظام السد.. من هم ولماذا؟ .5 sanctions on six prominent members of the Assad regime… who are they? And why?”). CNN Arabic.
The British Foreign Secretary Dominic Raab announced that the United Kingdom would be imposing a travel ban and an asset freeze on six members of the Bashar Al Assad regime. According to Mr. Raab, these individuals have been sanctioned because they “are part of a regime or support a regime that is responsible for suppressing the Syrian people or benefitting from their suffering for 10 years.” Additionally, the United Kingdom appears to be using this as a strategy to involve the Assad regime in a UN-sanctioned peace process for the Syrian Civil War. However, Mr. Raab has specifically highlighted that the Assad regime must stop perpetrating crimes against the Syrian population in order for the peace process to be successful. Thus, the United Kingdom continues to stress that the Assad regime must take responsibility for any crimes against humanity or war crimes it has committed during the Syrian Civil War.
The United Kingdom’s sanctions on the Assad regime are not an unusual occurrence. In the past ten years of civil war, the Assad regime has been accused of targeting civilians by various parties.9 In fact, research by humanitarian agencies has shown that the vast majority of civilian deaths in the Syrian war have been perpetrated by the Syrian government.10 Under international law, the act of targeting civilians in a war is a crime against humanity. Moreover, the responsibility to protect principle sanctions coercive action against any party that has knowingly targeted civilians in a military attack.11 Thus, the actions taken by the Syrian government constitute grave crimes under international law that warrant sanctions.
8 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 9 Why Has the Syrian War Lasted 10 Years?,” BBC News, accessed 16 March 2021, https://www.bbc.com/news/world-middle-east-35806229. 10 “Why Has the Syrian War Lasted 10 Years?,” BBC News, accessed 16 March 2021, https://www.bbc.com/news/world-middle-east-35806229. 11 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 | 7 May 2021
,Killing“) ”قتل وخطف وتعذيب وتجنيد.. غوتيريش يتهم 32 طرفا سوريًّا بانتهاك حقوق الطفل“ .6 kidnapping, torture and recruitment…Guterres accuses 32 Syrian parties of violating children’s rights”). Al-Jazeera Arabic.
The Al-Jazeera article highlights comments made by UN Secretary General Antonio Guterres, as he accused 32 parties involved in the conflict in Syria, of committing serious human rights violations against children. These aforementioned violations include murder, forced conscription, enforced disappearance, torture, and kidnapping. Guterres presented these findings in a report to the UN Security Council on May 19th, 2021. In the report he revealed that the United Nations had verified the killing of over 1,500 children. These incidents were reported by 12 governorates in areas of conflict such as Idlib, Aleppo, and Deir Ezzor. The violence inflicted upon children in conflict-ridden areas in Syria, are serious human rights violations that require immediate attention. When children become coerced or forced into fighting and war-related atrocities, their physical and psychological suffer severely. This further perpetuates the cycle of violence in Syria and has lasting effects on an individual and societal level.12
Guterres stated that the recruitment and use of children in fighting continues to be a major factor in their continued harm. Since the start of the war in Syria, children under the age of 18 have been recruited by armed groups. There were over 800 cases of child recruitment uncovered in 2019, and 312 cases in the first half of 2021 alone. Over 70% of these cases were confirmed in the northwestern part of Syria, in heavy-conflict areas such as Idlib, Aleppo, and Hama. At the end of his report, Guterres urged parties to abide by their obligations under international law, and to mobilize in order to prevent further harm of Syrian children. The Secretary General’s findings clearly invoke R2P, as children in Syria remain subject to serious human rights violations which can fall under the scope of enslavement, imprisonment, and inhumane acts. All violations constitute crimes against humanity under the Rome Statute.13
12 “Killing, kidnapping, torture and recruitment…Guterres accuses 32 Syrian parties of violating children’s rights” , Al Jazeera Arabic, May 20th, 2021. قتل-وخطف-وتعذيب-غوتيريش-يتهم-32-طرفا-في/https://www.aljazeera.net/news/humanrights/2021/5/20 13 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 | 8 May 2021
Syria: six“) ”,سوريا: مقتل ستة مدنيين في قصف مدفعي لقوات النظام طال مستشفى مدينة التارب“ .7 civilians were killed in artillery shelling of the regime forces on Atarib city hospital”). France 24.
The France 24 article explains how the Syrian government has violated the ceasefire agreement, as they bombed the city of Arateb in Aleppo, killing at least six civilians and wounding over ten others. Since March 6th, 2021, a ceasefire, between Russia and Turkey, has come into effect in the conflict-ridden area of Idlib – the last area in Syria held by anti-government forces. The Syrian observatory for Human Rights reported that the shells fell on al-Madaniya hospital, resulting in a significant amount of destruction, including the death of a child and hospital worker. Furthermore, it is reported that the hospital infrastructure suffered significant damage to several areas such as the entrance and waiting rooms.14
The article explains that since hospitals have been a frequent target for bombing, many medical facilities have been set up in remote or underground areas to avoid attacks. The attacked area houses more than a million displaced people, who were forced out of their homes. However, the repeated violation of the ceasefire makes the area extremely dangerous, which makes the existence of medical facilities such as hospitals crucial. The article goes on to detail the frequency of attacks on hospitals in northwest Syria. The World Health Organization reported over 330 attacks on medical facilities between 2016 and 2019. The article also notes that over 70 percent of healthcare workers have fled during the years of conflict, and that over 50 percent of Syria’s health infrastructure has been destroyed. The bombing of a hospital constitutes a war crime, as does the targeting of innocent civilians. Furthermore, the continued suffering of Syrian people in Idlib, and their lack of access to medical assistance, constitutes a crime against humanity, as they remain subject to continued physical harm.15 All these concerns invoke R2P, as the Syrian government has clearly failed to abide by the first pillar. Without international intervention, the lives of Syrians continue to be in constant danger.
Further reading:
1. “Why has the Syrian War lasted 10 years,” BBC News. March 12, 2021. (English) 2. “Having won Syria’s War, al-Assad is Mired in Economic Woes,” The New York Times. February 24, 2021. (English)
14 “Syria: six civilians were killed in artillery shelling of the regime forces on Atarib city hospital”, France 24, March 21, 2021. الشرق-الوسط/20210321-سوريا-مقتل-5-مدنيين-في-قصف-مدفعي-لقوات-النظام-طال-مستشفى-مدينة-ا/https://www.france24.com/ar لتارب 15 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 May 2021
Xinjiang
Highlights
1. “破碎的心, 幻灭的生活:,” (“Broken heart, desperate life”). Amnesty International.
A picture of Uyghur children being taught the Communists’ songs. ©Amnesty International
Since 2014, China has escalated control over the region under the guise of fighting a war against extremist beliefs and terrorism. Some parents thought the repression will only be temporary. However, they later realized that they could no longer return to Xinjiang; they were extremely likely to be put into political re-education camps upon arrival. When their relatives were put into camps, the parents lost contact with their children. The following paragraph presents findings from the Amnesty International.
Mihriban Kader and her husband Ablikim Memtinin escaped to Italy in 2016 due to the political pressure, while their two kids remained with the grandparents. However, during an intrusive police interrogation with the family, Mihiriban’s mother was imprisoned and her father was hospitalized. Moreover, despite attempts by Mihriban to apply for Italian visas for her children, they were forcibly placed in an orphanage by the local Xinjiang police. Canadian Centre for the Responsibility to Protect | 10 May 2021
Similarly, a book owner named Omer Faruh in Istanbul received a call from his wife, who informed him that the police had revoked their passports. This forced Faruh and his wife to leave Xinjiang with their two older children. Thus, leaving young children behind. Omer and his family are only one of the thousands of families separated. He said “ in the past 1594 days, we haven’t heard our daughters’ voices. I am willing to sacrifice everything for my children, including my life”.16
The Chinese government’s persecutions have severely violated the Convention on the Rights of the Child, which was ratified by the government in 1992. According to article 9.1, the state must ensure that children are not separated from their family against their will, except when doing this is in the child’s best interest.17 The OHCHR has confirmed that if families cannot be reunited in China for various reasons, other countries have responsibilities to assist this process. Even when children are put into orphanages, parents have the right to know their children’s circumstances. It is advised that China take an active and humane approach to ensure families’ reunification as soon as possible.
16 “Broken heart, desperate life.” Amnesty International, accessed May, 16, 2021. https://www.amnesty.org/download/Documents/ASA1737982021CHINESE.PDF 17 “Convention on the rights of the child.” United Nations Human Rights, accessed May,16, 2021. https://www.ohchr.org/en/professionalinterest/pages/crc.aspx
Canadian Centre for the Responsibility to Protect | 11 May 2021
2. “新疆：中国如何镇压维吾尔族伊玛目,” (“How does China control Uyghurs”). BBC.
A Muslim attending the prayer in the morning. ©BBC News File Photo
An Imam is a religious leader that facilitates prayers. Since 2014, China has imprisoned at least 630 Imam in Xinjiang. According to the Uyghur human rights project, 18 religious leaders died during the custody or shortly after their release. The charges they faced include the spread of extremist beliefs and disruption of national security. From 630 cases, at least 304 people were sent to prisons or political re-education camps. 96% of individuals were sentenced 5 years and 26% faced more than twenty years of imprisonment. It is estimated that China has detained more than a million Uyghurs, who were subject to forced labour, sterilization, and rape. More significantly, the officials have scarce evidence of charges against Imams. In Oken Mahmet’s case, he was arrested after leading a prayer and wedding. His official charge was the breach of national law by reading marriage vows, educating youths and public governance. Another example is Abidin Ayup, a well known scholar and Imam. He was arrested due a few statements made during a Han ethnic officer’s trial. His family has told the BBC that Abidin is a kind, earnest, and generous person, who always encourages youth to learn a wide range of knowledge. Since Abidin’s arrest, nearly 60 members of his family have been detained. The real purpose behind arresting Imams is due to their influence in the local communities. Imam are the most charismatic leaders in Xinjiang, who faced the greatest pressure to either show loyalty to the Chinese Communist party or face life-threatening consequences.
Canadian Centre for the Responsibility to Protect | 12 May 2021
A Chinese police officer guards the road near a “reeducation” camp in Yining, Xinjiang, September 4, 2018. ©2018 Thomas Peter/Reuters
3. “中国对维吾尔人及其他突裔厥穆斯林的危害人类罪行| HRW,” (“Break their lineage, break their roots”). Human rights watch.
Since 2014, the Chinese government has initiated the “strike hard campaign against violent terrorism” in Xinjiang region against the Ughurs. The Stanford Law school has identified the atrocities as crimes against humanity under the Rome Statute of the International Criminal Court (ICC). Crimes against humanity is defined as a “widespread or systematic attack against any civilian population”.18 Widespread accounts for a large number of victims. Systematic means there is a methodological way that the persecutions were carried out. Crimes against humanity are the most severe human rights violations. The specific abuses in Xinjiang includes kidnaps, torture, murder, grave injury to mental and physical health, especially forced labour and sexual violence. The Chinese government’s persecution of Uyghurs has detained up to a million people in 300-400 facilities, which were known as political education camps. The United States, Canada and Netherlands have confirmed that the repression of Ughurs constitutes as genocide under the international law. According to official records, in 2017, arrests in Xinjiang made up almost 21% of all arrests, despite Xinjiang population being only 1.5% of the total population. The state’s intrusive techniques include the “becoming families' surveillance and education campaigns. Officers would directly live in Ugyhur’s homes to “promote ethnic unity”.19
The international community has increased their monitoring of the Uyghur’s situation. In 2019, two dozen governments requested the UN’s high commissioner for human rights to investigate persecutions in Xinjiang. China responded by coordinating a letter that was signed by 50 countries, which includes Iran, North Korea, Saudi Arabia, Venezuela, and other
18 “Break their lineage, break their roots.” Human rights watch, Accessed May,15, 2021. https://www.hrw.org/zh-hans/report/2021/04/19/378448 19 “Break their lineage, break their roots.” Human rights watch, Accessed May,15, 2021. https://www.hrw.org/zh-hans/report/2021/04/19/378448
Canadian Centre for the Responsibility to Protect | 13 May 2021 nations with human rights abuses' records. Historically, when a state is unwilling or incapable of ending human rights violations, the ICC could assume jurisdiction if the UN security council passed the resolution. However, China’s veto power has prevented the investigation from happening. One method is to initiate a United Nations commission of inquiry (COI) to investigate crimes in Xinjiang. This can be established by the UN human rights council, which does not give China veto power. The COI can conduct reliable research and make pragmatic recommendations. The world should and can do more to uphold R2P. and protect the rights of Uyghurs in Xinjiang.
Canadian Centre for the Responsibility to Protect | 14 May 2021
4. “讨论: 中国汉人了解的新疆是真实的新疆吗?,” (“Discussion: Is the Xinjiang that Han Chinese know the real Xinjiang?”). Radio Free Asia.
In the early 1980s, Hu Yaobang, General Secretary of the Chinese Communist Party (CCP), had granted ethnic autonomy to regional autonomous areas in managing their affairs. However, under Deng Xiaoping’s administration, this policy was reversed as the central government was concerned with the potential border instability. After the 1990s, the Chinese government started to make a cultural distinction between Xinjiang and the mainland, asserting that Xinjiang represented backwardness, while other regions represented civilization and advanced, thereby differentiating Xinjiang from mainland China. The 9/11 event in 2001 prompted the Chinese government to stigmatize some Xinjiang organizations by labelling them as terrorists and separatists.
This article sets forth the core issues existing in Xinjiang, in particular the Chinese government’s stigmatization of Xinjiang and other minorities, claiming terrorism has destabilized the region and bringing violence. In May 2014, the Chinese government launched the “Strike Hard Campaign against Violent Terrorism” in Xinjiang. Under the shadow of this movement are the crimes against humanity against the Uyghur Muslim population, which manifest themselves as forced labor, “political education camps”, and intensive surveillance from the central government in Xinjiang. Under the Rome Statute of the International Criminal Court (ICC), committing part of a widespread or systematic attack against any civilian population is considered as crimes against humanity, which are among the gravest human rights abuses under international law.20 The international community, consisting of Canada, the United States, Netherland, and many other countries, has determined that China’s actions in Xinjiang potentially constitute genocide, while some human rights organizations, such as Human Rights Watch, have not documented the existence of necessary genocidal intent.21 Therefore, the principle of Responsibility to Protect (R2P) has not been implemented in Xinjiang due to the lack of evidence, and China’s rejection of alleged human rights crimes. Investigations from regional and international human rights institutions as well as global reporters are still being conducted.
20 Thomas Peter. “Break Their Lineage, Break Their Roots,” Human Rights Watch, accessed May 22, 2021, https://www.hrw.org/report/2021/04/19/break-their-lineage-break-their-roots/chinas-crimes-against-humanity-tar geting. 21 Thomas Peter. “Break Their Lineage, Break Their Roots,” Human Rights Watch, accessed May 22, 2021, https://www.hrw.org/report/2021/04/19/break-their-lineage-break-their-roots/chinas-crimes-against-humanity-tar geting Canadian Centre for the Responsibility to Protect | 15 May 2021
5. “从强迫劳动到种族灭绝, 新疆问题继续引起全球关注,” (“From forced labor to genocide, the Xinjiang issue continues to attract global attention”). Voice of America.
The issue of forced labor of Uyghur people in Xinjiang, China has attracted massive international attention in recent years. The international society has urged investigators to visit Xinjiang and to conduct in-field research in order to confirm whether human rights abuses against Uyghur people exist or not. Yet, despite China ostensibly welcoming foreigners to “walk and take a look,” the Chinese government is in fact using various excuses to deny officials from other countries to visit Xinjiang. An American think tank has assessed the Chinese authorities’ persecution of Uyghurs as violating the UN Convention on the Prevention and Punishment of Genocide, and asserted that China should assume national responsibility for its genocidal actions. In contrast, the Chinese Minister of Foreign Affairs Wang Yi has recently refuted claims about genocide in Xinjiang, saying that it is “absurd and absolutely ulterior rumors and outright lies.” While at the same time, the Chinese government is preventing the leakage of any relevant information on the situation.
The principle of R2P has not been implemented in Xinjiang primarily due to the lack of evidence and the still ongoing investigation. The case of Xinjiang has not satisfied either one of the 3 pillars of R2P. In April, Human Rights Watch and other human rights organizations urged the UN Human RIghts Council to create a commission inquiry to investigate allegations of crimes against humanity and other abuses in Xinjiang.22 They also urged the UN high commissioner to monitor and report on the human rights situation in Xinjiang and keep them regularly informed.23
22 “UN: Government Should Urge Xinjiang Inquiry,” Human Rights Watch, May 12, 2021, https://www.hrw.org/news/2021/05/12/un-governments-should-urge-xinjiang-inquiry 23“UN: Government Should Urge Xinjiang Inquiry,” Human Rights Watch, May 12, 2021, https://www.hrw.org/news/2021/05/12/un-governments-should-urge-xinjiang-inquiry Canadian Centre for the Responsibility to Protect | 16 May 2021
6. “新疆维吾尔自治区在京第六场涉疆问题新闻发布会实录,” (“Transcript of the 6th Xinjiang-related press conference held by Xinjiang Uyghur Autonomous Region in Beijing”). China’s Embassy in Korea.
There is an increasing number of reports and accusations about human rights violations in Xinjiang. However, Beiijing continues to claim that accusations are false. ©AFP/G, Baker
On April 2nd, 2021, The Chinese Foreign Correspondent Press Center of the Ministry of Foreign Affairs held the 6th Press Conference on Xinjiang-related Issues, which sought to clarify the misunderstandings and accusations from the international community against China on human rights issues in Xinjiang. Xu Guixiang, the spokesperson of the People’s Government of Xinjiang Uyghur Autonomous Region, made a keynote speech. He rebuked that some countries had manifested collective “failure”, collective “irrationality”, collective “amnesia”, and collective “dementia” in treating the Xinjiang issue. The spokesperson of the People’s Government of the Autonomous Region, Yilijiang Anayiti, further declared that Xinjiang-related issues are not human rights, ethnic, or religious issues at all, but are anti-violence, de-radicalization, and anti-separatism issues, and it is totally absurd to say there is “genocide” in Xinjiang. Instead, it is those Western countries who are engaging in political manipulation under the guise of “human rights” in attempt to deliberately create the so-called genocide issue, with a goal to hinder China’s development and growth.
The Xinjiang issue is one of the most controversial political issues which has attracted significant international attention and scholarly debate. In terms of international opinions, it is clear that there is a divide towards human rights issues in Xinjiang. While the Western countries are actively criticizing it as human rights violation and genocide, many countries expressed their support to China’s stance. At the 44th session of the United Nations Human Rights Council (UNHRC) held in Geneva, Belarus, on behalf of 46 countries, delivered a joint speech, praising China’s achievements on the development of human rights in Xinjiang
Canadian Centre for the Responsibility to Protect | 17 May 2021 as well as its achievements on combating terrorism.24 The Cuban representative urged relevant parties to abide by the principles of the UN Charter and to stop using Xinjiang-related issues to interfere with China’s internal affairs out of political purposes.
7. “美关切新疆再教育营妇女遭系统性轮暴指控,” (“U.S. Concerned about Xinjiang Re-education Camps Being Accused of Systemic Sexual Violence”). Deutsche Welle (DW) Chinese Channel.
On February 02, 2021, the U.S. State Department spokesperson Ned Price, representing the United States of America, voiced extreme disturbances about reports and first-hand testimonies that allege that Uighurs and other Muslims were experienceing systematic rape and sexual abuse at Xinjiang detention camps. This report was released by BBC news on February 02, 202125. Ziawudun has been released from the camp and currently lives in the United States as a refugee. According to her testimony, she and her husband returned to Xinjiang at the end of 2016 after spending 5 years in Kazakhstan. Upon arrival, the two were interrogated and their passports were confiscated. A few months later, the police brought them to meet some other Uyghurs and Kazakhs, where the entire group was subsequently detained. In the beginning, her treatment was not terrible as she was offered access to mobile devices and appetizing food. However, her husband was released one month later to work in Kazakhstan while she was told to stay behind. She was first raped in May 2018 when she and her friend were taken out of their cell by several male guards. Details of the torturing and raping were also included in the testimony and the report. During the day, according to Ziawudun, they were told to read, watch and memorize patriotic materials and propaganda about Chinese President Xi Jinping.
China intends to detain relatives in order to threaten and silence people from telling the outside world about the re-education camps. BBC news also reported that it is indeed difficult to independently verify the testimonies because of censorship in China with regard to the Xinjiang genocide, however documents people provided appeared to be consistent with the description of the Xinyuan County (Kunes County in Uyghur) camp from the satellite images (including positions of cameras and other details) analyzed by the BBC. Descriptions of daily schedule in the camp, as well as the nature and methods of abuse (including four kinds of electric shocks-chairs, gloves, helmets, and anal rape with an electric bouton), are consistent among all detainees. Despite China’s strong stance on insisting the false accusations, the BBC report evoked repercussions from all walks of life, and once again raised questions about the existence, and the level of seriousness of Xinjiang re-education camps.
24 “More than 40 countries made a joint speech at the Human Rights Council in support of China’s position in Xinjiang,” China Youth Net, July 2, 2020, https://baijiahao.baidu.com/s?id=1671057920000377536&wfr=spider&for=pc 25 Hill Matthew, Campanale David, Gunter Joel. “'Their goal is to destroy everyone': Uighur camp detainees allege systematic rape” BBC, accessed [05] [23], [2021], https://www.bbc.com/news/world-asia-china-55794071 Canadian Centre for the Responsibility to Protect | 18 May 2021
8. “新疆再教育营亲历者：殴打是家常便饭,” (“Personal experience from three survivors of Chinese Re-education Camp: torturing and beating are common”). Radio Free Asia.
On September 20, the Uyghur Language Department of the Taiwanese Department of the Uyghur Department broadcasted an interview video publicly for the first time at the National Foundation for Democracy in Washington, USA. The interview is conducted by a reporter from the Uyghur Language Department of Radio Free Asia who went to Turkey for three Uyghurs who claimed they had been detained in “Xinjiang re-educational camp” and then exiled to Turkey. The three survivors accused China's so-called re-education schools for using various violent methods against ordinary Uyghurs. Reasoning that they fear for their family members who still live in Xinjiang being harmed, two of the interviewees did not disclose their names and appearances. The interviewee reported to the journalist that the place was a prison --- she was tied on the chair for the first two days of entering and was not allowed to sleep. The guards are heavily armed, including an equipped electric bouton. One of the interviewees stated that he recognized many faces of the detainees in the camps --- some were relatives, childhood friends or his neighbours. They had to sing songs complimenting the President every day. If their performance was deemed not satisfactory, they would get punished. The punishment and torturing took place often.
According to Radio Free Asia, estimates were made by human rights organizations to conclude that there are currently about one million Uighurs detained in various so-called re-education centers or schools. They have no freedom and are forced to study propaganda and CCP documents as they were told that they were sick and needed treatment, both physically and mentally. They needed to learn from the Chinese, to learn Chinese language, Chinese songs and books. Most detention centers are set up by the local government branches and guarded by armed police. The Chinese government denies the existence of re-education camps in Xinjiang, claiming they are vocational education centers built to provide training for Uighurs who cannot find jobs locally.
9. “那是学校，不是集中营”—— 巴基斯坦记者新疆教培中心见闻,” (“It’s a campus, not a camp”: Pakistani journalist shares stories of real Xinjiang vocational training centres”). People’s Daily.
Muhammad Asghar, the China correspondent of the Pakistan Associated News Agency, was invited to vist the Chinese vocational camps and was interviewed by People's Daily. Asghar, along with four other journalists from the UK, Russia, Kazakhstan and Indonesia, visited two centres in Hotan. The centre he saw resembled a university campus
Canadian Centre for the Responsibility to Protect | 19 May 2021 and had large dormitory buildings that accommodated two trainees within each room. Talking to some Uyghur trainees who were previously influenced by religious extremism or unemployed due to a lack of skills, Asghar learned that they had joined the training program voluntarily in an effort to build better lives for themselves. The visitors spoke to many random trainees in the camp, listening to them talking about their personal experience prior and after joining the camp. The trainees were offered free courses covering many fields, including culinary, arts, stylistic courses including barbering and make-up, language courses, courses about religion and law. According to Asghar, the centres appeared to have a pleasant environment and seemed to provide ethnic minorities with many benefits. As a professional journalist, Asghar believes that delivering factual reports on Xinjiang’s current situation is the best way to help the world with understanding the development of this once poor and crime-stricken region. “The Chinese government has offered chances for journalists worldwide to enter the vocational centres and other places in Xinjiang,” said Asghar, “…the organizers who accompanied me on my trip did not even once interfere with my interviews with the trainees.” He suggested that Western media should come to Xinjiang to see what is really happening there if they have any doubts and questions.
This report is published by People’s Daily, a highly regulated governmental newspaper agency under the control of the Chinese Communist Party, the founding and sole governing political party of the People's Republic of China. Information published here will go through multiple evaluations and a rigorous process of reviewing by the government. Furthermore, foreign journalists’ visits to China are also highly regulated, according to many other international organizations who have tried to send over investigators to China. Thus, it is entirely possible that visitors are only viewing a heavily rehearsed and planned version of the camps.
Further reading:
1. “Removing the virus from mind: China’s repression on Muslim in Xinjiang,” Human Rights Watch. September 9th, 2018. (Chinese) 2. “China: Unprovoked imprisonment surges in Xinjiang,” Human Rights Watch. February 24, 2021. (Chinese) 3. “Xinjiang "re-education camp": Think tank refers to 83 international companies involved in forced labor of Uighurs,” BBC News. March 2nd, 2020. (Chinese) 4. “ China secretly imprisoned a million Uighurs,” BBC, August 11, 2017. (Chinese) 5. Witness to discrimination,” Amnesty, June 16, 2020. (English) 6. “Why Xinjiang Uyghurs are living in fear,” the guardian, August 7, 2017. (Chinese) a. English Original Version:
Canadian Centre for the Responsibility to Protect | 20 May 2021
i. “Why Xinjiang Uyghurs are living in fear, ” the guardian, August 7, 2017. (English) 7. “ It took a genocide for me to remember my Uyghur root,” New York Times, January 12, 2021. (Chinese)
Canadian Centre for the Responsibility to Protect | 21 May 2021
Myanmar
Highlights:
1. “Myanmar troops battle militias as anti-coup resistance grows,” Reuters.
Myanmar army battles anti-coup rebels as armed resistance grows © REUTERS
The victory of the NLD party in the recent Myanmar elections resulted in the military, which supported the opposition, launching a coup against the government. It led to the detention of political leaders, the establishment of curfews and the death of around 788 people26. This article describes the impact of these decisions, such as the institution of martial law on the lives of the people in the northwest part of Mindat. In the region, the army fought against local rebellion groups, such as the China Land defence forces, which demonstrates that there is limited approval for the military’s policies and they are unable to ensure order in the country27. Given such realities and the deaths of the militia members, the state-backed media tried to change the narrative by providing limited information about the attacks in
26 Alice Cuddy, “Myanmar Coup: What Is Happening and Why?,” BBC News (BBC, April 1, 2021), https://www.bbc.com/news/world-asia-55902070 27 “Myanmar Troops Battle Militias as Anti-Coup Resistance Grows,” Reuters (Thomson Reuters, May 14, 2021), https://www.reuters.com/world/middle-east/myanmar-junta-declares-martial-law-town-after-attacks-bank-police -2021-05-14/ Canadian Centre for the Responsibility to Protect | 22 May 2021
Mindat. Nonetheless, the military government had to face challenges from protests in cities such as Yangon and the rise of increased solidarity within the National Unity Government28.
The second pillar of the responsibility to protect has stressed the responsibility of the international community to ensure that the government protects the citizens of Myanmar. However, the junta failed to do so in this case and conducted targeted attacks against the citizens on a daily basis. Additionally, the elected government has been removed from power in the region and thus, cannot support the people of Myanmar29. The permanent members of the United Nations Security Council should utilize their political-military tools to support the citizens of Myanmar in these troubled times, which coincides with the third pillar of the responsibility to protect.
28 Ibid. 29 Ibid. Canadian Centre for the Responsibility to Protect | 23 May 2021
2. “Myanmar: Attacks on healthcare jeopardizing COVID-19 response, UN team says,” UN News.
People holding a vigil in Yangon, Myanmar © Unsplash/Zinko Hein
The article explains that the brutal crackdown by the security forces, which came into power with a coup, on the democracy protests has resulted in the detention of several medical professionals. It has led to around 158 attacks on medical personnel, which has damaged 51 medical facilities and thus, has reduced the ability of Myanmar to respond to the COVID-19 crises30. Such attacks have led to the deaths of at least 11 people and left many individuals injured, which has resulted in United Nations officials, such as Andrew Kirkwood urging the military government to release the detained medical personnel.31
The aforementioned attacks have crippled the healthcare system and negatively affected the country’s management of COVID-19, which demonstrates the inability of the military government to assist the people of Myanmar. Such targeted attacks against pro-democracy supporters point towards the responsibility of the international community to ensure that the government protects its citizens, which is based on the second pillar of the responsibility to protect32. Thus, the situation in Myanmar merits greater international action and support from the developed powers under the principles of the responsibility to protect.
30 “Myanmar: Attacks on Healthcare Jeopardizing COVID-19 Response, UN Team Says | | UN News,” United Nations (United Nations, May 5, 2021), https://news.un.org/en/story/2021/05/1091312 31 Ibid. 32 Ibid. Canadian Centre for the Responsibility to Protect | 24 May 2021
3. “Myanmar’s coup fallout tumbles into a regional emergency,” The New Humanitarian.
Displaced Karen people are seen carrying their belongings along the Salween River in the Thailand-Myanmar border area on 29 March, 2021 © Karen Women's Organization
Myanmar, security forces have responded to protest movements across the nation with deadly violence—killing more than 550 people as of April 2nd. Two of the country’s major ethnic groups have been involved, creating clashes in many remote conflict zones. These centers for conflict are simultaneously experiencing precarious COVID-19 circumstances and an inability to combat the virus—especially within cramped displacement camps, where thousands who have been uprooted by violence currently live.33 As this violence escalates further, thousands have attempted to flee Myanmar. This article highlights the humanitarian implications of this coup, including a potential refugee crisis at the borders of India, Malaysia, and Thailand; the displacement of civilians; and the response of international powers.
The UN’s refugee agency has urged neighboring countries to offer protection to those seeking asylum. As many as 3000 civilians attempted to take refuge in Thailand, fleeing from military bombardments and airstrikes in late March. But, many have since been forced back as nearly 91,00 people have already fled to Thailand from Myanmar. As the number of refugee-seeking civilians continues to grow, neighboring countries are becoming increasingly reluctant to allow entry. In comparison, Western countries have attempted to resolve the crisis with several new sanctions but no explicit consensus. Many within Myanmar have called for
33 Htusan, Esther. “Bracing for the Coronavirus in Myanmar's Rebel-Held Borderlands.” The New Humanitarian, February 23, 2021. https://www.thenewhumanitarian.org/news/2020/04/21/Myanmar-coronavirus-Rakhine-Kachin-Karen-conflict. Canadian Centre for the Responsibility to Protect | 25 May 2021 military intervention from other nations. However, many claim it is extremely unlikely at this time. Currently, a global arms embargo on Myanmar’s military has been introduced in an attempt to quell the violence.
As the crisis at Myanmar’s borders escalates and thousands of others are displaced due to violence, it is clear that the situation is not only rapidly deteriorating but also threatening lives. Many protesters in Myanmar have explicitly stated their desire for aid by way of the R2P doctrine, citing the international communities’ mandate to prevent genocide and other crimes against humanity. Without international intervention, it is possible this situation will continue to intensify. Myanmar not only requires help from direct neighbours but also from other international powers.
Canadian Centre for the Responsibility to Protect | 26 May 2021
4. “Myanmar’s military disappearing young men to crush uprising,” AP News.
As Myanmar’s army becomes increasingly more violent with civilian protesters, attempts to arrest and forcibly disappear thousands of people are becoming increasingly common. This article addresses a frequently overlooked side of the security force’s actions: intimidation tactics which are often harmful to younger civilians. At this time, the UN is aware of nearly 1000 cases of children who have been arrested or detained. Of these children, many are taken to be imprisoned or tortured, while some end up missing and are later found dead. The number of mass enforced disappearances is continuing to rise and many young men and boys have found themselves the targets.
Apart from the unseen atrocities these civilians face, the Internet is also being flooded with the faces of the missing. Online videos show young men being beaten or who are severely injured being thrown into vans. Though the military claims to be arresting protesters, it is clear that they are targeting those they believe can be used to end the protests. Many of the young men who have disappeared are teenagers, of which almost all have been forcibly arrested. Family members of those who have suffered explain that their relatives have been charged with crimes, experienced unwarranted amounts of violence, and suffered greatly. The military’s systematic approach to quell the protest has reached a disturbingly violent point. Therefore, it is of the utmost importance that the international community recognizes and acts to stop the crimes that are being committed against Myanmar’s citizens—especially the country’s children.
Canadian Centre for the Responsibility to Protect | 27 May 2021
5. “Myanmar Prisoners Harshly Interrogated, says Japanese Journalist,” Japan Times.
This article from the Japan Times highlights the violence being enacted against journalists by the government of Myanmar by examining the case of Yuki Kitazumi. Kitazumi is a freelance journalist from Japan who was arrested on April 18th and released on May 14th.34 The recent reinstatement of the Military government, and the removal of Aung San Suu Kyi’s removal from power has spurred public protests and calls from Myanmar’s population for democracy and international intervention.35 Kitazumi had been arrested for supposedly spreading “fake news” and held in Insein Prison in Yangon, which holds a large number of Myanmar’s over 4,000 political prisoners.36 His arrest was a result of his coverage of anti-coup protests and sharing of social media posts critical of Myanmar’s military government.37 He was not permitted even a pen and paper, able to write only using instant coffee, a feather, and a scrap of paper.38 After being released, Kitazumi reported on some of the horrors inflicted on political prisoners, including being starved, beaten, and tortured, although Kitazumi himself was reportedly not subjected to violence during his numerous interrogations.39 Other organizations have corroborated Kitazumi’s claims, notably the Assistance Association of Political Prisoners, who report that at least four prisoners have died in the custody of Myanmar’s military government, and others have physical signs of torture in their bodies. He recounts that upon the announcement of his release, his fellow prisoners begged him to inform the world of their suffering. As a result of his experience, he pledges to continue to fight to restore democracy in Myanmar from Japan, and raise awareness for the abuses faced by political prisoners.
This article relates to the responsibility to protect doctrine as it relates to the need for global intervention in Myanmar regarding the treatment of “political prisoners'' to the military government, and the forcible silencing of dissent and censoring attempts to document crimes both from within their own country and from those outside of it. In addition, The coup has caused many R2P concerns, as Kitazumi's case demonstrate. The torture of political prisoners, as docunemtned by Kitazumi as well as the Assistance Association of Political Prisoners, is just one example of human rights violations by the Myanmar government that must be addressed by the international community in accordance with R2P.
34 “Myanmar Prisoners Harshly Interrogated, Says Japanese Journalist.” The Japan Times, May 17, 2021. https://www.japantimes.co.jp/news/2021/05/17/national/freed-japanese-journalist-renews-resolve-speak-myanm ar/. 35Cuddy, Alice. “Myanmar Coup: What Is Happening and Why?” BBC News. BBC, April 1, 2021. https://www.bbc.com/news/world-asia-55902070, see also “Myanmar's Deadly Coup and the Responsibility to Protect.” Global Centre for the Responsibility to Protect. Accessed May 24, 2021. https://www.globalr2p.org/publications/myanmars-deadly-coup-and-the-responsibility-to-protect/. 36 “Myanmar prisoners harshly interrogated, says Japanese journalist.” 37 Ibid. 38 Ibid. 39 “Myanmar prisoners harshly interrogated, says Japanese journalist,”, see also Cuddy, “Myanmar Coup: What Is Happening and Why?” https://www.bbc.com/news/world-asia-55902070 Canadian Centre for the Responsibility to Protect | 28 May 2021
6. “US announces more sanctions against Myanmar's military government,” CNN.
This article specifically discusses the third set of sanctions against Myanmar by the United States on Monday, May 17th. These sanctions were made alongside Canada and the United Kingdom, in a joint effort to hold the government of Myanmar accountable for crimes against humanity.40 These measures compounded on the first two rounds of sanctions in March and April, including the removal of all non-emergency employees of the US State Department and disrupting several billions of dollars in the sale of precious gems.41 Specifically, these most recent sanctions targeted sixteen individuals who were either directly members of or children of members of Myanmar’s State Administrative Council (SAC).42 Individuals were put under financial pressure by removing their access to assets in the US. UK and Canada..43 The fact that these measures target specific members of the government puts a much more direct and personal pressure on the government members, involving the individuals assets rather than the country’s economy as a whole. The intentions of this move by the Biden Administration are to apply economic pressure specifically towards the individuals who have the most power and influence over the government of Myanmar. The goal of this move, according to US Secretary of State Antony Blinken, is to encourage Myanmar’s government to halt violence and “respect the will of the people.”44 This refers not only to the violence used to put down pro-democracy protests, but other acts of violence that have been perpetrated by the government.
This action and goal by the US, UK, and Canada aligns with principles of responsibility to protect, as it involves international intervention in order to protect against crimes against humanity, ethnic cleansing, or genocide.45 It offers a clear example of a non-military action that could be taken by foreign nations against a party guilty of crimes against humanity. While it is not clear yet whether these measures will sufficiently pressure members of the SAC to stop their violent actions and listen to pro-Democracy protests, the condemnation of their actions on the part of the US and its allies displays a clear willingness to respond to these cases.
40 Atwood, Kylie, and Nicole Gaouette. “US Announces More Sanctions against Myanmar's Military Government.” CNN. Cable News Network, May 17, 2021. https://www.cnn.com/2021/05/17/politics/us-myanmar-designations/index.html. 41 Gaouette, Nicole. “What's Happening in Myanmar and What the Biden Administration Is Trying to Do about It.” CNN. Cable News Network, April 14, 2021. https://www.cnn.com/2021/04/13/politics/myanmar-explainer-us/index.html. 42 Atwood and Gaouette “US Announces More Sanctions.” 43 Ibid. 44 Ibid. 45 “Myanmar's Deadly Coup and the Responsibility to Protect.” Global Centre for the Responsibility to Protect. Accessed May 24, 2021. https://www.globalr2p.org/publications/myanmars-deadly-coup-and-the-responsibility-to-protect/. Canadian Centre for the Responsibility to Protect | 29 May 2021
A nighttime protest in the town of Mindat in Chin State © Chin Human Rights Organization
7. “A humanitarian disaster in the making’ in Myanmar’s Chin State,” Al Jazeera.
Since the Myanmar military seized power from the country’s democratically elected government in February, thousands of locals have fled to surrounding forests to escape the military’s brutal and indiscriminate violence against civilians. Mindat, a town of 46,000 in Chin State, has become a “battleground” for the ongoing conflict between the military, also known as the Tatmadaw, and civilian protestors. Consequently, public infrastructure and social services have shut down, and over 800 people have been killed, with an additional 4,000 placed in custody. Seventy percent of locals, mainly men, have fled to surrounding forests, and communities are in desperate need of medical supplies and food. The mass flight of men from villages has left women and children particularly vulnerable. The National Unity Government reported multiple verified instances of sexual violence. The Chin Human Rights Organization (CHRO) stated that the military might have committed “grave breaches of the Geneva Convention,” with one representative warning that the current situation is a “humanitarian disaster in the making.”
The conditions in Chin State exemplify the failure of Myanmar to uphold Pillar I of Responsibility to Protect (R2P). According to the pillars of R2P, all states carry the primary responsibility to protect their citizens from genocide, war crimes, crimes against humanity, and ethnic cleansing. Simultaneously, the international community is responsible for assisting states in protecting their populations and appropriately intervening when a state fails to do so. A human rights investigator for the United Nations confirmed that the military’s mass murder, torture, and imprisonment of citizens might constitute crimes against humanity, one of the four causes for intervention identified by R2P.46 Similarly, the UN High Commissioner for Human Rights has expressed concern that the situation is likely to escalate into armed
46 Reuters, “Myanmar's military likely behind crimes against humanity, U.N. investigator says,” NBC. March 11, 2021, https://www.nbcnews.com/news/world/myanmar-s-military-likely-behind-crimes-against-humanity-u-n-n12607 15. Canadian Centre for the Responsibility to Protect | 30 May 2021 conflict.47 Tamatdaw’s indiscriminate killing of civilians, over half of whom are young people under the age of 25, and reports of sexual violence against women and young girls constitute grave violations of human rights. Although the international community has not yet taken steps to intervene in Myanmar, the verification from UN officials and various human rights organizations that the military is committing crimes against humanity indicates that fellow nations are responsible for protecting the Myanmar people.
8. “More than 200 NGOs call for UN arms embargo on Myanmar,” Toronto Star.
Three months after Myanmar's military junta seized power, more than 200 non-governmental organizations (NGOs) have signed a statement urging the United Nations Security Council (UNSC) to impose an arms embargo against Myanmar. The NGOs called the military’s killing of civilians, including over 50 children, and the detainment of activists, journalists, and politicians a “callous disregard for human life.” Although the UNSC has condemned violence against civilians and protestors, the NGOs criticized them for their failure to act, saying that the “time for statements has passed.” Human Rights Watch condemned the UN’s inaction, urging them to take tangible steps towards a resolution in Myanmar. Multiple UN members, including Russia, China, Ukraine, Turkey, India, Serbia, and South Korea, have provided supplies to the Myanmar armed forces. China expressed fears that sanctions would harm their diplomatic relationship with Myanmar. However, most NGOs and prominent human rights organizations have identified how allowing the military to remain in power could lead to a refugee crisis or armed conflict and believe that an arms embargo will increase the safety of civilians and prevent the situation from escalating.
Although all member states of the UN endorse R2P, their inaction illustrates the political obstructions to intervention that have caused mass condemnation from the local Myanmar population. Representatives for Myanmar directly addressed the UN last week, urging the international community to take immediate action and protect Myanmar civilians from the military's campaigns of violence which have caused the death of 800 people and led to the torture and detainment of thousands more.48 The National Unity Government has provided the UN with more than 500,000 pieces of evidence that confirm Myanmar's military has committed crimes against humanity against the populace. However, the UN's continued resistance to tangible action has caused many young people in Myanmar to condemn the UN for tolerating mass murder, torture, sexual violence, and unjust imprisonment to continue.49 Inaction can be attributed to political biases, with Russia and China, both veto-carrying members of the Security Council, longtime allies of Myanmar who have provided aid to the military government.50
47 United Nations, “Myanmar Heading towards a ‘full-blown Conflict’, UN Human Rights Chief Warns,” UN News, April 13, 2021, https://news.un.org/en/story/2021/04/1089612. 48 Ibid. 49 McLaughlin, Timothy, “No One Is Saving Myanmar,” The Atlantic, April 24, 2021, https://www.theatlantic.com/international/archive/2021/04/no-one-saving-myanmar/618658/. 50 Ibid. Canadian Centre for the Responsibility to Protect | 31 May 2021
Further reading:
1. Myanmar coup: What is happening and why? BBC. 2. Myanmar’s deadly coup and the responsibility to protect. Global R2P. 3. ASEAN leaders say consensus reached on ending Myanmar crisis. Global News. 4. UN calls for restoration of democracy in Myanmar, end to violence. Al Jazeera.
Canadian Centre for the Responsibility to Protect | 32 May 2021
The Sahel Region
Highlights:
A picture of Abdoulaye Sawadogo, who welcomed displaced people fleeing violence to his homestead in Kaya, Burkina Faso on November 16, 2020. © Olympia De Maismont/AFP
1. “Au Sahel, 29 millions de personnes ont besoin d’aide humanitaire,” (“29 million people in the Sahel need humanitarian aid”). Le Monde Afrique.
This article describes the many human rights abuses occurring in the Sahel region, highlighting a statement issued on Tuesday April 27, 2021, by UN agencies and non-governmental organizations. They reported that over 29 million people across the Sahel region are in desperate need of protection and humanitarian assistance—a “new record” including Burkina Faso, northern Cameroon, Chad, Niger, Mali and northeastern Nigeria. As a result of activity by terrorist organizations such as Boko Haram and Al-Qaeda in the Islamic Maghreb, instability and violence are occurring throughout Sahel, with the number of forcibly displaced people totalling 5.3 million. Violent attacks, gender-based violence, extortion and intimidation has forced millions of civilians to flee their homes. Violent acts have “increased eightfold in the central Sahel and threefold in the Lake Chad basin,” as stated by Marie-Pierre Poirier, the regional director of UNICEF.
As stated in the report, the violence against civilians across the Sahel region by terrorist organizations has caused millions of Sahelians to be without food, water, and shelter, as well as being increasingly vulnerable to more terrorist attacks. These actions can be classified as war crimes in Article 8.2b (i) of the Rome Statute, since they are direct attacks against civilians, and thus the principle of the Responsibility to Protect (R2P) applies to the
Canadian Centre for the Responsibility to Protect | 33 May 2021 crises in Sahel.51 The principle of R2P, which has primary commitments to protect populations from war crimes and uphold human rights, stipulates in Pillar III that the international community has a responsibility to first take peaceful actions to protect populations of other states.52 As exclaimed by Chris Nikoi, the director of the World Food Program (WFP) in West Africa, there is a “need for immediate assistance” in the Sahel region. Increasing humanitarian aid and protection efforts are therefore essential to assist the civilian populations of Sahel.
51 “War Crimes,” accessed May 16, 2021, https://www.un.org/en/genocideprevention/war-crimes.shtml 52 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 | 34 May 2021
A screenshot taken on May 5, 2021, from an undated propaganda video, showing French journalist Olivier Dubois claiming to have been kidnapped in Mali by a jihadist group linked to Al Qaeda. © AFP
2. “Le Sahel, une région de plus en plus difficile à couvrir pour les journalistes,” (“The Sahel, a region increasingly difficult to cover for journalists”). Le Monde Afrique.
This news article explains the dangers concerning freelance journalists reporting on the various crises in Sahel. As the violence continues to rise across the Sahel region and more civilians are being displaced, international journalists continue to traverse the hazardous landscape in order to update the world on the human rights abuses occurring in the region. However, the areas still accessible to foreigners are constantly shrinking in the Sahel, and most travel is “widely discouraged” by European chancelleries. The article goes on to discuss foreign journalists who were kidnapped and confirmed to be murdered by different terrorist groups, including two Spanish journalists killed on April 26, 2021, and two French RFI journalists killed on November 2, 2013. For national journalists reporting in the Sahel region, they too have avoided parts of the territory that are beyond the control of the state and have become too dangerous. Consequently, some journalists have become reliant on “embedded” reports, meaning they are accompanied by security forces in order to travel and accurately report on the Sahel crises.
The main journalist highlighted in the article is French journalist Olivier Dubois, who was confirmed to be kidnapped on April 8th in Gao, northern Mali, by the local Al-Qaeda branch Group for the Support of Island and Muslims (GSIM). Currently, his friends, colleagues, and family fear for his life, expecting him to meet the same grim fate of the many kidnapped journalists before him. These acts of violence and murder of innocent journalists fall within the parameters of attacks directed against civilians, and therefore trigger the Responsibility to Protect (R2P).53 However, this report also demonstrates the enduring nature of this issue, as the killings have been occurring since 2013. Thus, previous international
53 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 | 35 May 2021 responses have not been enough to prevent these tragedies, and in order to save journalists like Dubois, further action, such as specialized rescue operations by French forces stationed in Sahel, are necessary.
Canadian Centre for the Responsibility to Protect | 36 May 2021
A picture of French troops in Operation Barkhane in the Sahel region. © Le Parisien/AFP
3. “Opération Barkhane : la France doit rester au Sahel, selon un rapport parlementaire,” ("Operation Barkhane: France must stay in the Sahel, according to a parliamentary report”). Le Parisien.
Since 2014, France has been leading an anti-insurgent operation titled Operation Barkhane. With over 5,000 troops stationed across the Sahel region, their mission is to fight back against jihadists affiliated with the Islamic State group and Al-Qaeda, as well as to assist displaced Sahelian civilians. Led by France, the operation has the support of the G5 Sahel partners including Mali, Mauritania, Chad, Burkina Faso, and Niger.54 However, recent reports from this past April have demonstrated that France has lost 50 soldiers in the region so far, and consequently French public opinion is increasingly less favourable to the mission. Yet, according to a report by the National Assembly's defense commission, it states that “France is not bogged down in the Sahel: there is no solution today without Barkhane.” The report also adds that the operation itself could evolve into “a regional structural cooperation mechanism, with the increasing responsibility of local forces not leading to the complete withdrawal of French troops.”
The international action taken by France to protect the Sahelian civilian population from the various human right abuses they face from the terrorist groups falls directly under Pillar III of the Responsibility to Protect (R2P) principle. Pillar III stipulates that in the event that a state fails to protect its populations, the international community may take more coercive measures to ensure their safety.55 Thus, the principle of R2P is currently being
54 “Operation Barkhane,” The Defense Post, accessed May 19, 2021, https://www.thedefensepost.com/tag/operation-barkhane/ 55 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 | 37 May 2021 implemented in the Sahel region through Operation Barkhane. However, as parliamentarians exclaim in the article, “the stabilization of the Sahel will take many years,” while also stating that France should remain committed for as long as necessary to enforce the region’s security. Although France has committed a large effort to aid the Sahelian population, further support, such as more troop commitments from the international community, is needed in order to fully stabilize Sahel.
Canadian Centre for the Responsibility to Protect | 38 May 2021
Thousands of people have been displaced in northern Burkina Faso due to increased violence. @UNHCR/ Moussa Bougma
4. “Violences au Burkina Faso : 45 civils tués et 17.500 déplacés en 10 dernier jours (HCR),” (“Violence in Burkina Faso: 45 civilians killed and 17,500 displaced in the last 10 days (UNHCR)”). ONU Info.
In January of 2020, the Law on the Establishment of Volunteers for the Defence of the Fatherland was adopted, authorizing the recruitment of local volunteers to support military operations in Burkina Faso56. Political tensions have increased after the Electoral Code was amended in late 2020, to facilitate elections which allowed for the exclusion of votes coming from polling stations that have been closed for “security reasons” inducing a state of emergency that has been maintained in 7 regions throughout the 13 region country of Burkina Faso.57 Now in May 2021, violence has increased to an alarming rate as armed men with suspected ties to jihadist groups, carried out a series of attacks in 3 distinct regions of the West African country, perpetrating violence in the form of burning houses and killing and injuring civilians. These attacks are the deadliest jihadist related attacks which have occurred since 2015 in the country.58 Throughout the eastern region, over 4,400 people have fled towns following the attacks, and in the northern region, the violence has escalated to the point that over 10,200 people have been forced to flee their homes. Within the Sahel region, the United Nations High Commissioner for Refugees (UNHCR) has identified more than 3,200 people who have recently experienced displacement as a result of the violence.
56 “Amnesty International Rapport 2020-2021: La Situation des Droits Humains dans le Monde,” Amnesty International, accessed May 20th, 2021. 57 Ibid. 58 “Une nouvelle attaqu djihadiste fait une trentaine de morts dans l’est du Burkina Faso,” Le Monde, accessed May 23rd, 2021. Canadian Centre for the Responsibility to Protect | 39 May 2021
The UN worries about the possible humanitarian consequences of this increase of refugees fleeing the area as a cause of violence. In over 2 years, violence in Burkina Faso has forced more than 1.14 million people to flee their homes in search of safety, while the country continues to host more that 20,000 refugees and asylum seekers, primarily from Mali. This conflict is concerning because of the prominent threat of increased violations of human rights, particularly under the Responsibility to Protect stance on crimes against humanity. Under this clause, as stated by the Rome Statute of the International Criminal Court, crimes against humanity are defined as acts committed as part of a widespread attack directed against any civilian population, with their knowledge of the attack.59 Within this clause, deportation and the enforced disappearances of persons is a direct violation of human rights.60 UN humanitarian officials in the Sahel region, particularly in Burkina Faso, Mali and Niger, have called on the international community to increase aid to counter the rise of violence and insecurity.61Fatou Bintou Djibo, a UN resident and humanitarian coordinator in Niger stated that sustained relief efforts, economic and social development are critical throughout the process of successfully diminishing violence within the region.62
59 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. 60 Ibid. 61 “Sahel : des besoins humanitaires en hausse et des ressources insuffisantes — l’ONU appelle a agir,” ONU Info, accessed May 23rd, 2021. 62 Ibid. Canadian Centre for the Responsibility to Protect | 40 May 2021
Displaced people in a village in the region of Mopti, Mali. @MINUSMA/ Marco Dormino
5. “Mali : la MINUSMA alerte sur la hausse des exactions contre les civils au centre du pays,” (“Mali: MINUSMA warns of the increase in abuses against civilians in the centre of the country”). ONU Info.
Amnesty International within its report on Mali noted that in 2020, armed groups and security forces committed crimes under international law with impunity.63 This has been a reaction in part to the legislative elections held between March and April 2020 which caused a political crisis.64 In June 2020, a coalition of opposition groups and religious dignitaries created a political movement, which seeked to challenge the results of the ballot and call for the resignation of the President of the Republic.65 Following a coup, a transitional government was formed in late 2020, however conflict has not decreased but rather increased.66 Between January 1st and March 31st 2021, the UN Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) have documented more than 421 cases of murder; summary executions; kidnappings and enforced/involuntary disappearances (181); rapes; attacks on physical integrity (94); intimidation and threats in Mali. According to the United Nations (UN) Peacekeeping Mission in Mali, there have been approximately 106 people, including 5 children and 6 women, who have been killed. MINUSMA notes that the violence has led to more than an 11% increase in human rights abuses and violations within this period compared to the previous quarter. Groups such as Al-Qaeda in the Islamic Maghreb (AQIM)
63 “Amnesty International Rapport 2020-2021: La Situation des Droits Humains dans le Monde,” Amnesty International, accessed May 20th, 2021. 64 Ibid. 65 Ibid. 66 Ibid. Canadian Centre for the Responsibility to Protect | 41 May 2021 and other jihadist groups are responsible for approximately 182 reported human rights violations throughout this period –– an increase of 7% compared to the previous quarter. MINUSMA noted that violence is more commonly perpetrated by groups such as AQIM.
The UN mission reports that the security situation has remained a concern throughout the duration of the first quarter of 2021. This period has experienced violations of human rights and fundamental freedoms most involving militias, armed community groups and groups such as AQIM, Ansar Eddine, the Katiba Macina, Jama'at nustrat al-Islam wal Muslimin (JNIM), the Islamic State in the Great Sahara (EIGS) Al Mourabitoune, and other similar groups across the Sahel region. This conflict and the threat of increased violence is of great concern as this violence is in direct violation of the Responsibility to Protect (R2P) principles adopted by the UN.67 For instance, within Mali there is a clear violation of human rights, primarily in the form of crimes against humanity, which as stated by the Rome Statute of the International Criminal Court, are acts including murder, deportation, rape, and enforced disappearances of persons.68 Further, there have been human rights violations which have occured at the hands of the military and international militaries, therefore war crimes must be reviewed and observed to ensure that they do not increase. Jean-Pierre Lacroix, the head of UN peace operations, has stressed the critical role that the Joint Force of the G5 Sahel (Burkina Faso, Mali, Niger, Mauritania, and Chad) play in the fight against terrorism within the Sahel region, stressing the importance of more predictable funding for the Joint Force as it plays a critical role in the level of regional responses to violence.69 MINUSMA has provided logistical support for the battalions operating under the Joint Force, and with continual support, the Joint Force can develop greater improvement of not only monitoring of military operations but along with statebuilding, support for the justice sector and penitentiary reform and the development and implementation of a framework of respect for human rights and international law.70
67 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. 68 Ibid. 69 Ibid. 70 Ibid. Canadian Centre for the Responsibility to Protect | 42 May 2021
The Nigerian Army patrols the Sahara Desert to target terrorist groups, including ISIS and Boko Haram. @UNICEF/ Gilbertson V
6. “L’ONU insiste sur le rôle crucial de la Force conjointe du G5 Sahel pour lutter contre le terrorisme,” (“UN emphasizes crucial role of G5 Sahel Joint Force in countering terrorism”). ONU Info.
Jean-Pierre Lacroix, the United Nations Under-Secretary-General for Peace Operations, defends that the Sahel Joint Force remains an essential element of security responses to combat extremists in the region and other cross-border humanitarian challenges such as the trafficking of people. Regarding concerns previously raised by critics of the Joint Force, Lacroix noted that the Joint Force, Chad, and Niger authorities have started investigating and prosecuting allegations of sexual violence committed by the Chadian Force Eight Battalion members deployed to Niger in March 2021. According to Lacroix, the investigation showcases the Force’s concern for human rights and international law, based on standards established by the Office of the High Commissioner for Human Rights (OHCHR).
Since January 2020, foreign military forces have intervened in the fight against terrorism in the region. Some of the military initiatives deployed include the 600 French soldiers through Operation Barkhane and the military fronts of the G5 Sahel Joint Force and the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA). Although there has been encouraging progress in the region, Lacroix further called for an increased mobilization to combat the unprecedented poverty and humanitarian crises happening in the area due to the conflict. Lacroix’s statement agrees with the Responsibility
Canadian Centre for the Responsibility to Protect | 43 May 2021 to Protect (R2P) principle, which encourages diplomatic, humanitarian, and other peaceful means to protect populations from atrocity crimes.71
71 Guterres, António. Implementing the Responsibility to Protect: Accountability for Prevention: Report of the Secretary-General. A/71/1016–S/2017/556, August 10, 2017. Canadian Centre for the Responsibility to Protect | 44 May 2021
A soldier from Operation Barkhane, in 2019. @Daphné Benoit, AFP
7. “Avec la mort d'Idriss Déby, la France perd un allié clé de l'opération Barkhane au Sahel,” (“With the death of Idriss Déby, France loses a key ally of Operation Barkhane in the Sahel”). France 24.
This article discusses the possible impact that the death of former Chadian President Idriss Déby Itno could have on the effectiveness of the G5-Sahel coalition to resist terrorism in the Sahel region. Under Déby’s guidance, Chad held the greatest commitment to the G5-Sahel coalition: they provided a third of the deployed soldiers, and they were the only member to establish a force outside of their national borders in an area in Niger that housed Sahelian insurgents. Déby had also maintained a strong military relationship with France over the years – the French army had been stationed in Chad since 1960, Déby had initially come to power with France’s help in a coup d’état against the sitting Chadian presidency in 1990, and he had also been the first leader to support France in its “Operation Serval” in the Sahel which was later renamed “Operation Barkhane.”72
Déby’s death is going to alter the way that the international system was upholding its “responsibility to assist and encourage Mali in fulfilling its protection obligations.”73 First, Chad’s role in the G5-Sahel force is going to be left under the control of the Chadian army who has taken power in a transitional government until the next general election can be held.74 As Chad has many military commitments along its borders it is possible the army may
72 “BARKHANE : L’engagement des pays alliés et européens,” Ministère des Armées, accessed May 19th, 2021. https://www.defense.gouv.fr/operations/afrique/bande-sahelo-saharienne/operation-barkhane/breves/barkhane-l- engagement-des-pays-allies-et-europeens 73 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. 74 “Mort d’Idriss Déby : l’armée prend le pouvoir au Tchad,” Journal du Mali, accessed May 19th, 2021, https://www.journaldumali.com/2021/04/20/mort-didriss-deby-larmee-prend-le-pouvoir-au-tchad/ Canadian Centre for the Responsibility to Protect | 45 May 2021 choose to reassign soldiers away from Operation Barkhane in Mali, a country which does not even border Chad.75 However, this action may weaken the regional coalition’s capacity to fight insurgents as some of the other G5-Sahel forces– the Malian, Nigerian, and Burkinabé armies – are structurally weak and inefficient. Thus, Chad changing leadership may impede the international community’s ability to take “collective action” under Pillar III of the R2P Principle.76Second, the uncertainty with Chad’s leadership change may also convince France to go ahead with its previously stated plans of reducing stationed troops in the Sahel.77 This may allow the region to be overcome with insurgents once more, leaving the civilian Sahelian population vulnerable to violence and international crimes. France’s withdrawal of troops may directly affect Mali’s ability to protect its population, thus hindering the effective implementation of Pillar I of the R2P principle.78
75 Ibid. 76 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. 77 “Emmanuel Macron ouvre la voie à une réduction des troupes françaises au Sahel,” France 24, accessed May 22nd, 2021, https://www.france24.com/fr/afrique/20210119-emmanuel-macron-ouvre-la-voie-%C3%A0-une-r%C3%A9duct ion-des-troupes-fran%C3%A7aises-au-sahel 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 | 46 May 2021
Presidents Idriss Déby (left) and Muhammadu Buhari, in Abuja, in June 2015. @PHILIP OJISUA / AFP
8. “Le Nigeria inquiet pour sa sécurité après la mort d’Idriss Déby, « rempart » contre le djihadisme,” (“Nigeria is worried for its security after Idriss Déby’s death, a “bulwark” against jihadism”). Le Monde.
The death of Chadian President Idriss Déby Itno’s has had serious consequences for the countries that border the Sahel and are susceptible to an influx of terrorists, especially Nigeria. Déby had maintained a civil working relationship with Nigerian President Muhammadu Buhari and had even helped the fight against terrorism there i.e., in 2015, Chadian troops helped dispel Boko Haram’s forces from the Lake Chad region which is an area that borders Chad and Nigeria. However, there had been a few disagreements over Chad’s military presence in Nigeria. For one, Déby had shown his frustration at being the lone supplier of troops along Lake Chad and in the Sahel. For another, he had withdrawn Chadian troops from Nigeria in early 2020. Yet, despite the setbacks, it was assumed that Déby would deploy troops to the Lake Chad region once more – it was an important place to secure against illegal and harmful cross-border activity. Unfortunately, in the wake of Déby’s death, no such return of Chadian troops to the Lake Chad region seems probable.
According to Vincent Foucher, a researcher and specialist in the region, it is possible that incoming Chadian leadership will “give more leeway” to migrating Sahelian insurgents
Canadian Centre for the Responsibility to Protect | 47 May 2021 like Boko Haram and 'Iswap.79 If they are able to consolidate their base there, the insurgents can attack the Nigerian army and defeat all gains that Nigeria has made in its fight against terrorism thus far. As of now, Nigerian civilians are more vulnerable to persecution – recently, Damask in northeast Nigeria was attacked three times in late April forcing tens of thousands to flee to Niger. According to Article VII of the Rome Statute of the International Criminal Court, the “deportation or forcible transfer of population” constitutes a crime against humanity.80 Therefore, this issue represents the consequences of when the state and the international community fall short of their responsibility to protect civilians from violence and international crimes.81
79 “Le Nigeria inquiet pour sa sécurité après la mort d’Idriss Déby, « rempart » contre le djihadisme,” Le Monde Afrique, accessed May 18th, 2021, https://www.lemonde.fr/afrique/article/2021/04/22/le-nigeria-inquiet-pour-sa-securite-apres-la-mort-d-idriss-deb y-rempart-contre-le-djihadisme_6077681_3212.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.), 16. 81 Ibid, 6. Canadian Centre for the Responsibility to Protect | 48 May 2021
Four European countries – Germany, Spain, France and Italy – have re-affirmed their co-operation in the Sahel region. @AFP/ Monde Afrique 9. “Aide sécurité au Sahel: 4 pays européens veulent la maintenir,” (“Security Aid in the Sahel: Four European Countries Want to Maintain it”). Monde Afrique.
On April 30th, 2021, four European countries – Germany, Spain, France and Italy –issued a joint statement reaffirming their desire to maintain cooperation in the Sahel countries. The governments of the four countries will continue to fund their joint armed forces in the region and the gendarmerie and internal security forces in their operations, training, and capacity building, striving to promote human rights in the area. The joint statement was published shortly after the arrival in Spain of the remains of three European citizens murdered in Burkina Faso. Two Spanish journalists, David Beriáin and Roberto Fraile, and Rory Young, an Irish citizen who presided over a wildlife protection non-governmental organization (NGO), were murdered in Burkina Faso while filming a documentary on poaching. Although a jihadist group claimed responsibility for the killings, the Spanish Department of Foreign Affairs urged the government of Burkina Faso for a comprehensive investigation so that all facts are clarified.
The Sahel region experiences serious threats to security, combined with complex socio-economic challenges. In response to these, Burkina Faso, Chad, Mali, Mauritania and Niger set up the “G5 Sahel” group in 2014 to respond to some of these. Since then, the European Union has honoured its responsibility to protect (R2P) by cooperating with the G5 Sahel Group through political partnership, security and stability, and development cooperation.82
82 Factsheet: the European Union’s Partnership with the G5 Sahel Countries. Relief Web, p. 1 Canadian Centre for the Responsibility to Protect | 49 May 2021
10. “Au Sahel, l’arrivée de mercenaires en provenance de Libye fait craindre le pire,” (“In the Sahel region, the arrival of mercenaries from Libya raises fears of the worst”). Agence Ecofin.
On May 18, the Chadian Deputy Foreign Minister, Oumar Ibn Daoud, warned the United Nations Security Council (UNSC) that mercenaries and foreign terrorist fighters descended towards the Sahel. The migration of mercenaries happens as Libya is making progress towards peace, and mercenaries leave Libya without disarmament nor rehabilitative measures. Daoud further pleaded for better funding for the G5 Sahel Joint Force, a plea that resonated with Linda Thomas-Greenfield, the American ambassador to the United Nations. According to Thomas-Greenfield, the peacekeeping funds allocated by the United Nations do not constitute a viable source of funding for the Joint Force. Therefore, she is campaigning to establish bilateral funding between the United States and the Joint Force, as 29 million people across the Sahel remain in desperate need of protection and humanitarian assistance.
Further reading:
1. “The EU’s urgent imperative in the Sahel,” euobserver. January 13, 2021. (English) 2. “Sahel Crisis Explained,” UNHCR. October 29, 2020. (English) 3. “Faut-il négocier avec les djihadistes au Sahel ?” Politique étrangère. Printemps 2020/2021. (French) 4. “A letter from African intellectuals on the Sahel crisis,” Al Jazeera. May 12, 2021. (English) 5. “BARKHANE : L’engagement des pays alliés et européens,” Ministère des Armées. July 4, 2019. (French) 6. “Sahel : pourquoi la mort du président tchadien Déby inquiète la France,” Europe 1. April 20, 2021. (French) 7. “The European Union’s Partnership with the G5 Sahel countries,” Relief Web. July 9, 2019. (English)
Canadian Centre for the Responsibility to Protect | 50 May 2021
North Korea
Highlights:
For North Koreans, corn remains the main food and it is much more expensive due to closed borders. © Getty Images
1. “Как в 90-е. В Северной Корее может начаться голод,” (“Like in the 90s. Famine may start in North Korea”). BBC News.
This article describes a statement by North Korean Leader Kim Jong-un which urges citizens “to prepare for difficult times.” North Korea is currently in dire straits, since the borders with China closed during the coronavirus pandemic and there has been an almost complete stop of trade, along with international sanctions due to Pyongyang’s nuclear program. The article cites Human Rights Watch (HRW) sources in North Korea. According to them, the import of food from China to the country has almost completely ceased.83 The price of corn, which serves as the staple food for most rural North Koreans, has been on the rise recently and a kilogram of corn has become worth more than a month's wages. The article also mentions the announcement ofUN Special Rapporteur on Human Rights in North Korea, Thomas Ojea Quintana, on a serious food crisis leading to malnutrition and hunger in North Korea.84 Despite this warning, North Korea has turned down all offers of external assistance, and almost all diplomats and humanitarian workers, including the staff of the UN World Food Program, have left the country.
83 “North Korea in Crisis: Food Shortages and Information Lockdown,” Human Rights Watch, March 16, 2021, https://www.hrw.org/news/2021/03/16/north-korea-crisis-food-shortages-and-information-lockdown 84 “U.S. Deeply Concerned with Deteriorating Human Rights Situation in North Korea,” U.S. Mission to International Organizations in Geneva, March 9, 2021, https://geneva.usmission.gov/2021/03/10/u-s-deeply-concerned-with-deteriorating-human-rights-situation-in-no rth-korea/ Canadian Centre for the Responsibility to Protect | 51 May 2021
So far, the famine in North Korea is not widespread but the situation is starting to worsen; food shortages can drastically harm the health of North Koreans and lead to their deaths. While the food crisis does not fall under the R2P principles as it is caused by the border closure during the coronavirus pandemic and international sanctions, the situation may change if the authorities of North Korea are unable to end the suffering of their people. In the case of refusal of humanitarian aid from other countries, this problem may fall under the definition of crimes against humanity. If the government deliberately does not use their own resources to end the crisis or does not accept help from other countries, then such actions can be interpreted as inhumane acts causing great suffering, or serious injury to the body or to mental or physical health. In this case, North Korea's actions could be associated with a violation of R2P Pillar I. At the moment, the international community should pay attention to the food crisis in North Korea and seek its resolution.
Canadian Centre for the Responsibility to Protect | 52 May 2021
North Koreans should prepare for long-term enhanced antiviral measures. © REUTERS/Kyodo
2. “Северокорейские СМИ заявили о недостатках вакцин от COVID-19,” (“North Korean media reported shortages of COVID-19 vaccines”). RIA Novosti.
This article explains that North Koreans should prepare for long-term enhanced antiviral measures due to the shortage of COVID-19 vaccines. Citing Ryonghap's agency, the source says North Korea was originally expected to receive about 1.7 million doses of the AstraZeneca vaccine by May as part of the WHO COVAX Facility vaccination program.85 However, the COVAX Facility announced a delay in the supply of vaccines to the DPRK. North Korea continues to claim to be coronavirus-free, but maintains extremely strict lockdown measures.The country does not yet have its own vaccine, and vaccine supplies from abroad are delayed.
The article also discusses the possible development of North Korean vaccines. In the DPRK, based on stolen data from South Korean pharmaceutical companies, vaccine development is in full swing and phase I and II clinical trials have already been completed. However, as of yet, no specific results have been reported. As RIA Novosti experts noted, the DPRK cannot yet produce its own vaccine and is unlikely to spend resources on this expensive process, since it is easier to purchase vaccines from China and Russia. In this situation, the authorities of North Korea cannot ensure the protection of their population. Thus, the international community must rally under R2P Pillar II and provide immediate assistance to North Korea.
85 “N.K. paper says coronavirus vaccines 'far from a panacea' amid delay in securing supplies,” Yonhap News Agency, May 4, 2021, https://en.yna.co.kr/view/AEN20210504002800325?section=search Canadian Centre for the Responsibility to Protect | 53 May 2021
3. “В КНДР казнили чиновника за неэффективную работу, сообщили СМИ,” (“Media reported that an official was executed for ineffective work in North Korea”). RIA Novosti.
This article reports that the DPRK authorities executed the chairman of the commission that was responsible for the implementation of the distance education program due to the ineffective work of the body. The commission, created in 2020, has not been able to make progress or get any results. During the work of the commission, some of its representatives, headed by its leader Park, criticized the policy of the authorities. They complained that they did not have the necessary premises and equipment to implement the distance education law. The government had then launched an investigation into the commission.
In the second week of March, Park was executed, according to the Daily NK. The official reason for Park’s execution was that he was “conducting anti-party and anti-revolutionary sectarian activities in the field of education.”86 However, this article indicates that the real reason for the execution was primarily related to Park's open criticism of the North Korean government. Murder of the official for this reason can be considered a crime against humanity. This action by the government therefore violates Pillar I and falls under the principles of R2P.
4. “В МИДе оценили гуманитарную ситуацию в КНДР из-за COVID-19,” (The Russian Ministry of Foreign Affairs assessed the humanitarian situation in the DPRK due to COVID-19). Izvestia Iz.
This article reports that the efforts of humanitarian organizations working in North Korea came to naught due to COVID-19 restrictive measures. The last employees, including the UN World Food Program, left the country. This news was officially announced by the Director of the Department of International Organizations of the Russian Foreign Ministry Pyotr Ilyichev, who pointed out that due to the closure of the borders by the North Korean authorities, international humanitarian organizations lost the opportunity to rotate their personnel. Since autumn 2020, not a single container of humanitarian aid has arrived in the country. As a result, the position of North Korea is close to complete external isolation, and is exacerbated by the devastating impact of natural disasters.
This article also describes the failure of the international community to follow R2P Pillar II, which suggests international assistance to States in fulfilling their responsibility of protection of its population.87 North Korea suffers from a food crisis and a lack of COVID-19
86 “North Korean authorities execute chairman of “Distance Education Act” commission,” Daily HK. April 9, 2021, https://www.dailynk.com/english/north-korean-authorities-execute-chairman-distance-education-act-commissio n/ 87 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 | 54 May 2021 vaccines. These problems can lead to serious injury to the physical health and even death of North Korean people. Unfortunately, North Korean authorities do not have resources at home to solve these crises. Borders are closed and the country cannot access the resources from abroad. The international community therefore needs to assist North Korea in this critical situation and arrange supplies of humanitarian aid in order to prevent the complete isolation of the country.
Twelve states have closed their diplomatic missions in North Korea due to authorities' struggle fighting the COVID-19 pandemic. @Job Chol Jin/ AP
5. “Иностранные дипломаты бегут из КНДР. Почему в Северной Корее закрываются посольства,” (“Foreign diplomats flee North Korea. Why are embassies closing in North Korea?”). Gazeta.ru.
This article informs that 12 states have closed their diplomatic missions in North Korea amid a difficult situation in the republic caused by the authorities' struggle against the COVID-19 pandemic. Currently, only nine ambassadors and four chargés are working in Pyongyang, and there are no humanitarian personnel left in North Korea. In most diplomatic missions staff have been reduced to a minimum, due to the closure of borders and severe restrictions on communication with other states. At the same time, it is reported that the Russian Embassy in the republic continues to function, since the Russians have a favourable position in the diplomatic mission. In an interview with Gazeta.Ru, Alexander Zhebin, the head of the Center for Korean Studies at the Institute for Far Eastern Studies of the Russian Academy of Sciences, said that while extraordinary measures have been taken in the DPRK in connection with the coronavirus pandemic, they are primarily aimed at preventing the entry of COVID-19 into the country.
The borders are actually closed and communication with neighboring Russia and China has almost completely stopped. This situation does not fall under the principles of R2P, since it is not associated with the crimes against humanity which the R2P commitment fights. Canadian Centre for the Responsibility to Protect | 55 May 2021
However, the absence of representatives from other countries and international organizations may complicate the monitoring of the situation in North Korea. Lack of outside observers within the country prevents timely recognition of any problems and response to them. In this case, the international community will not be able to follow Pillar II of the R2P principle on time.
Further reading:
1. “COVID contributed to ‘starvation’, executions in DPR Korea, Rights Council hears,” UN News. March 10, 2021. (English) 2. “The real crisis in North Korea is not the one you’ve been hearing about,” The New Humanitarian. May 18, 2017. (English) 3. “What to Know About Sanctions on North Korea,” Council on Foreign Relations. July 16, 2019. (English) 4. “DPRK Diplomatic Relations,” The National Committee of North Korea. Issue Brief. August 2016. (English)
Canadian Centre for the Responsibility to Protect | 56 May 2021
Latin America
Highlights:
Protests against economic inequality and police violence in Bogotá. © Luisa Gonzalez/REUTERS
1. “Colombia entre la indignación y el miedo: diario de una protesta,” (“Colombia between indignation and fear: the diary of a protest”). The New York Times.
A tax reform presented to the Congress of Colombia on April 15th by President Iván Duque caused indignation amongst the Colombian population and further aggravated an already existing social and economic crisis instigated by the COVID-19 pandemic. This article offers a detailed report of developments pertaining to the national strike and the subsequent wave of protests that started on May 4th, where Colombian citizens demanded the repeal of the reform aimed at taxing essential supplies, citing that its execution would increase the poverty rates of the country. In response, the Duque administration opted to use force and repression by criminalizing the protests, classifying participants as terrorists, and ordering for “military assistance.” According to NGO Temblores, as of May 7th there have been “37 confirmed deaths, 275 injuries and 936 arbitrary arrests.”
The acts committed by government officials and institutions against Colombian citizens in the context of peaceful protests can constitute war crimes and crimes against humanity under Article VIII and Article VII of the Rome Statute of the International Criminal Court.88 Furthermore, the current stance of the Colombian government defies Pillar I of the R2P principle, consequently enabling a government to repress its population over a legitimate protest and threatening democratic governance. The international community has begun to
88 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 | 57 May 2021 closely follow and denounce the actions of the Duque administration and the institutions that it governs, including the excessive use of force against protestors. Namely, the Foreign Affairs Committee of the US House of Representatives warned that “the United States does not support security forces involved in severe human rights violations.”89 The Colombian state’s lack of adherence to international norms and their continuous dismissal of the moral and legal obligation to protect their population provokes the need for the international community to employ Pillar II and III of the R2P principle, which stipulate a responsibility to “assist and encourage the state in fulfilling its protection obligations”90 and “take appropriate diplomatic humanitarian and other peaceful means to help protect populations from these crimes.”91
89 House Foreign Affairs Committee. Twitter Post. May 4, 2021, 11:47am. https://twitter.com/HouseForeign/status/1389607655866572805 90 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 91 Ibid. Canadian Centre for the Responsibility to Protect | 58 May 2021
Police officers detain a demonstrator during a clash in Bogotá, Colombia on May 5, 2021. © AP Photo/ Fernando Vergara
2. “ONU Derechos Humanos llama a la calma en Colombia, y denuncia el uso excesivo de la fuerza contra los manifestantes,” (“UN Human Rights calls for peace in Colombia, and denounces the excessive use of force against protesters”). UN News.
This article offers a summary of the statement released by the Office of the United Nations High Commissioner for Human Rights (OHCHR) and its concern regarding the recent actions of Colombian security forces. The statement specifically cites the city of Cali where police officials opened fire on demonstrators peacefully protesting the tax reform introduced by the Duque administration. Marta Hurtado, the spokesperson for the UN High Commissioner for Human Rights, informed the public that the UN agency “witnessed the excessive use of force by security agents, the use of bullets, beating and arrests.” With soldiers and police officers deployed by the government to “control the protests”, Hurtado reminded Colombian authorities of “their responsibility to protect human rights, including the right to life and personal security, and to facilitate the exercise of the right to freedom of peaceful assembly.”
The statements made by members of the OHCHR provide evidence that the state of Colombia is unwilling to “strengthen their accountability for atrocity prevention” as recommended by the United Nations to “reduce the likelihood of [State officials] contributing to the root cause of crimes.”92 Rather, the state continues to be an active accomplice in the human rights abuses against the Colombian people and civil society organizations by their institutions. According to Juliette de Rivero, the OHCHR representative in Colombia, “members of the commission received threats and attacks, as well as shots from the police.”93
92 Ibid. 93 ONU Derechos Humanos Colombia. May 4, 2021, 12:52am. https://twitter.com/ONUHumanRights/status/1389442909020332032 Canadian Centre for the Responsibility to Protect | 59 May 2021
Additionally, Hurtado discloses that since the beginning of the protests the OHCHR had received complaints of at least 14 deaths at the hand of state officials. These accusations demonstrate a failure of the Colombian state to adhere to Pillar I of the R2P principle and the moral and political accountability it entails, consequently making it unable to “protect populations from violations within their jurisdictions.”94 Faced with the escalation of violence and an increase of internal conflict disrupting the peace and security of the civilian population in Colombia, the international community must resort to the doctrine of the responsibility to protect and work collaboratively to end and prevent the systematic violations of human rights taking place in the Latin American country. If dialogue and peace settlements prove inadequate, the international community must identify the serious violations of international law occurring through the acts and omissions of the state which guarantees the legitimacy of intervention.
94 UN General Assembly, Implementing the responsibility to protect: report of the Secretary-General. 2009. A/63/677, available at: https://undocs.org/A/71/1016, 8 Canadian Centre for the Responsibility to Protect | 60 May 2021
The lack of consolidated information about what is happening on the streets, especially in the city of Cali, has contributed to an intense feeling of anxiety and fear. © Getty Images
3. “Al menos 19 muertos y más de 800 heridos en las protestas en Colombia,” (“At Least 19 dead and more than 800 injured in protests in Colombia”). Público.
In the absence of reliable official data by the Colombian government, this article presents investigations conducted by non-governmental organizations pertaining to the human rights violations occurring in the context of current mobilizations in Colombia. NGO Temblores states that they have documented “142 victims of physical violence by the police; 26 victims of homicidal violence; 761 arbitrary arrests; 17 victims of eye attacks.” Martha Alonso, vice president of the Colombian Federation of Education Workers (FECODE), further indicated more than 1,089 documented cases of police violence. The cited statistics are substantially higher than those reported by the Ombudsman’s Office of Colombia, which states that there have solely been 19 deaths in the main municipalities in the country. While according to Major General Jorge Luis Vargas “preliminary investigations” by the government are still ongoing, Temblores has already documented 9 complaints of sexual violence for which members of the police force were identified. Furthermore, security forces “used live ammunition, beat protesters, and there were arrests, in the context of a tense and volatile situation,” added former president of Chile and spokeswoman for the Office of the United Nations High Commissioner for Human Rights, Michelle Bachelet.
The Colombian government has shown a failure to recognize the “dual-responsibility” of sovereignty, which includes the primary responsibility to protect the population.95 Hence, with the state’s continuous dismissal of the abuse of powers and repression being incited by their institutions and officials, OHCHR experts have stated that they “will continue to
95 R. Thakur and T.G. Weiss, “ R2P: From Idea to Norm—and Action?” Global Responsibility to Protect, 1. 2009. DOI 10.1163/187598409X405460, 24 Canadian Centre for the Responsibility to Protect | 61 May 2021 monitor developments closely.”96 While the situation in Colombia can be classified as a non-international conflict, meaning that the confrontation occurs within the territory of a state with minimal impact to the international community, signatories to the R2P political commitment must be prepared to employ their Pillar II and Pillar III responsibilities to condemn, prevent and collectively intervene in a timely manner to stop the violation of human rights being committed against a population neglected and actively harmed by their state.97 It must be recognized that preventing and putting an end to internal and external conflicts requires an international response beyond the mandate and capacity with which the state operates.
96 “Colombia: UN and OAS experts condemn crackdown on peaceful protests, urge a thorough and impartial investigation,” Office of the United Nations High Commissioner for Human Rights. May 14, 2021. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27093&LangID=E 97 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 | 62 May 2021
For the complainants, the police force has committed several crimes in the midst of social protests. © Gustavo Torrijos
4. “Colombia: denuncian a Gobierno ante CPI por crímenes de lesa humanidad,” (“Colombia: Government is denounced before the ICC for crimes against humanity”). DW News.
Human rights organizations and Senator Ivan Cepeda denounced before the International Criminal Court (ICC) and the United Nations Security Council crimes against humanity that occurred in the demonstrations against the Government of Colombia. In a statement, the group of complainants specifically cited President Ivan Duque; the Minister of Defense, Diego Molano; the Commander of the Army, General Eduardo Zapatero and the national Director of the Police, General Jorge Luis Vargas, as being the “most responsible” for the atrocities that have occurred since April 28th. The document submitted stated that "having the material capacity to prevent the commission of these crimes or promote the effective punishment of those allegedly responsible, they did not do so.” The statement further lists a series of possible crimes against humanity that members of the police force have committed during the protests and gives an account of 1,595 events of human rights violations by state agents in the form of “homicides, torture, serious deprivation of physical freedom, sexual violence and forced disappearances.”98
98 Ivan Cepeda Castro. Twitter Post. May 13, 2021, 8:02am. https://twitter.com/IvanCepedaCast/status/1392812525205475329 Canadian Centre for the Responsibility to Protect | 63 May 2021
Having signed onto the Rome Statute in 199899, Colombia has the “legal obligation to assist the Court, including by detaining and surrendering individuals indicted by it.”100 However, as stated by Senator Cepeda, the Colombian government has not demonstrated “the will to carry out investigations in the commission of accusations by the Chamber and other organizations, due to the excessive concentration of power at the head of President Iván Duque.” As defined by Paragraph 139 in the 2005 World Summit Outcome document, the international community also has a responsibility to use the diplomatic and humanitarian route, and other peaceful means provided for in the Charter to protect the population from crimes within the scope of the R2P principle.101 Therefore, as a result of the Colombian state’s continuous documented failure to comply with their moral and political obligations under Pillar I of the R2P norm and international law, the international community in accordance with their cited responsibilities, should encourage and aid the State in protecting their population. If such means prove inadequate to stop the current mass atrocities in Colombia, the international community must be prepared to act collectively in a “decisive and timely manner” through the Security Council in accordance with the Charter, including Chapter VII.102
99 “Colombia,” International Criminal Court. 2013. https://asp.icc-cpi.int/en_menus/asp/states%20parties/latin%20american%20and%20caribbean%20states/Pages/ colombia.aspx 100 UN General Assembly, Implementing the responsibility to protect: report of the Secretary-General. 2009. A/63/677, available at: https://undocs.org/A/71/1016, 5 101 UN General Assembly, 2005 World Summit Outcome: resolution / adopted by the General Assembly, 24 October 2005, A/RES/60/1, available at: https://www.un.org/en/development/desa/population/migration/generalassembly/docs/globalcompact/A_RES_6 0_1.pdf, 30 102 Ibid. Canadian Centre for the Responsibility to Protect | 64 May 2021
Global PPE is helping Native Americans Communities combat COVID-19. © Getty Images
5. “Derechos Humanos en Colombia - Situación Actual,” (“Human Rights in Colombia - The Real/Actual Situation”). Amnesty International España.
This article highlights the main avenues of violence against those in rural Colombia. Mainly, the country deals with crimes of sexual violence against women and children; the rise of homicides of social leaders; corruption and excessive use of lethal force by police authorities; and healthcare rights for indigenous communities suffering due to the COVID-19 crisis. Much of these issues are worsened because of “crimes of bribery, fraud, and witness tampering” by the former President, Álvaro Uribe Vélez, that has left him in house arrest while his trials continue. Correspondingly, on the 17th of March, 2021, the State declared an “economic, social and ecological emergency” to counter the effects of the global pandemic. Similar to Colombia’s state-level inefficacy of governance, the persistence of guerilla groups is only endangering the Colombian people further. Amnesty International reported that more than 500 civilian organizations witnessed the growth of groups like the Ejército de Liberación Nacional (ELN), el Ejército Popular de Liberación (EPL), and las Autodefensas Gaitanistas de Colombia (AGC), finding that the AGC “had a presence in 22 of the 32 departments of the country (approximately 90% of the Colombian territory).”
In respect to the principles of R2P, Colombia must deal with the impacts of violence against women and children ; those within the LGBTI communities; indigenous groups; and refugees and migrants. While all groups face the risks of homicides, they also continue to face individual challenges to their rights. Women face systemic sexual violence and the neglect of healthcare services that numerous civilian organizations are working to improve via petition to the Constitutional court. LGBTI citizens experience large numbers of assassinations, those being at least 71 in 2020, that defence organizations have officially condemned. Indigenous communities lack proper access to healthcare, water and food, and sanitarian conditions that would help protect them against COVID-19. Lastly, Colombia has taken in approximately 1,764,883 migrants and refugees from Venezuela and, due to the state
Canadian Centre for the Responsibility to Protect | 65 May 2021 of emergency, are not given the same protections they would have been given, forcing many to return to Venezuela. The crimes against humanity in Colombia warrant R2P intervention and support from the international community as the government cannot protect their people from violence and death. In regards to this article, supporting civilian organizations and their attempts to petition and defend against this violence would be the most productive way of supporting the rights of Colombians.
Canadian Centre for the Responsibility to Protect | 66 May 2021
Latin America has turned into the most impacted region in the world by the pandemic.© Getty Images
6. “Coronavirus: qué salió mal en América Latina para que se convirtiera en ‘la región más afectada del mundo’ por la pandemia,” (“Coronavirus: what went wrong in Latin America for it to become the ‘most affected region in the world’ by the pandemic”). BBC News Mundo.
Latin America has seen some of the worst impacts from the COVID-19 pandemic throughout the world, especially in contrast to countries in Europe and North America. This article by BBC News Mundo states that “the region has accumulated around 35% of COVID-19 deaths throughout the world,” approximately 8% of the global population. Experts of the region believe that is due to a “fatal” mix of factors including faults in the healthcare system and the monitoring of the infections. It is reported that in Argentina, Brazil, Colombia, Mexico, Peru and Venezuela, there is a drastic shortage of oxygen for the hospitals, which has led to increased rates of theft and illegal sales of oxygen, masks, and vaccines. The World Health Organization has identified that the profound inequality in access to healthcare and early detection in these states worsened their responses to the pandemic. Therefore, several Latin American countries have "wasted multiple opportunities" to prepare for the numerous waves of the virus.
Much of these problems originate in the governments’ inactions towards quarantines and other restrictions as they have also been unable to provide economic support to their populations if said measures were put in place. 54% of workers in the region, 158 million people, work in the informal economic sector and do not have social and labour protections. This is subsequently a significant number of vulnerable people. On top of this, children have now missed a year of school, and many of their parents have lost their jobs, increasing the populations’ rate of impoverishment.
The R2P doctrine is profoundly relevant in this case as the governments and people need support, primarily in providing vaccines to allow economic functions to resume as they
Canadian Centre for the Responsibility to Protect | 67 May 2021 once had. In March 2021, the World Health Organization had requested that states and companies work together to disperse at least 10 million doses of the coronavirus vaccine to poorer nations.103 By mid-May, however, the COVAX global vaccine equity initiative has only delivered 65 million to India, out of a proposed 170 million,104 the country being believed as a potential reflection of other areas in the world if vaccine distribution does not pick up. The pandemic is not an issue that can be solved by individual states. With respect to the UN R2P initiative, countries must work together to ensure their populations can develop lasting stability in the years to follow.
103 “WHO Seeks 10 Million COVID Jabs For Poorer Countries”. 2021. Aljazeera.Com. https://www.aljazeera.com/news/2021/3/26/who-asks-10-million-covid-jabs-for-poorer-countries. 104 “Share Excess COVID-19 Vaccines Now, UNICEF Chief Says Ahead Of G7 Summit”. 2021. UN News. https://news.un.org/en/story/2021/05/1092062. Canadian Centre for the Responsibility to Protect | 68 May 2021
Presidential candidate Keiko Fujimori gives the thumbs up during a news conference, in Lima, Peru on Sunday, April 10, 201. © Martin Mejia
7. “Pedro Castillo vs. Keiko Fujimori: por qué el antifujimorismo sigue siendo una de las fuerzas políticas más importantes del país,” (“Pedro Castillo vs Keiko Fujimori: Why anti-Fujimorismo continues being one of the most important political forces in the country [Peru]”). BBC News Mundo.
This article examines the civilian sentiments towards the Peruvian presidential candidate, Keiko Fujimori, who is the daughter of the ex-president Alberto Fujimori, and the leftist radical, Pedro Castillo. Fujimorism, as defined in the article, was first implemented by candidate Keiko’s father, Alberto Fujimori, who led the country between 1990 and 2000 as an authoritarian government, dissolving the congress in 1992 with the help of the Guerilla group Ejército. Alberto Fujimori was then sentenced to 25 years in prison for corruption and violence against human rights in Peru during this term. Similarly, in the last five years, Keiko Fujimori has been under investigation for money laundering during her 2011 campaign, although she denies this. Further, her party has only sought to disestablish two other presidencies, embodying her father’s authoritarian beliefs. In this context, antifujimorism thus comes down to repudiation of the economic corruption inherent in Fujimori’s era and the strong objection to authoritarian styles of governance. This is still less popular than the anti-leftist rhetoric, which are often centre-right, do not support Fujimorian authoritarianism, and are strongly against radical leftism. Due to this, many people will refuse to vote, as Steven Levitsky, a political scientist from Harvard University, has stated.
The prevalence of R2P in the Peruvian elections does not come down to disbanding the elections for having the international community control the outcome, as Peru is still its own sovereign democracy. However, where the responsibility does come in is through the monitoring of government corruption that could lead to further growth of guerilla groups, such as Ejército, and the subsequent violence against the citizens of Peru that we have seen explicitly in Colombia in recent years. In this regard, accountability may be the most
Canadian Centre for the Responsibility to Protect | 69 May 2021 important step the government can take to prevent future corruption as supported by the UN Security Council that “urged national authorities to ensure accountability for violations of international human rights and humanitarian law.”105 This would also help support human rights defenders in the country who continue “to be attacked and killed” for their efforts to demobilize the seizure of territory and resources unaccounted for.106 By monitoring the divisive campaigns in Peru, the international community can remind the Peruvian government of their humanitarian responsibility going forward.
105 UN General Assembly, Implementing the responsibility to protect: report of the Secretary-General, 12 January 2009, A/63/677, available at: https://undocs.org/A/71/1016, 2 106 “Everything You Need To Know About Human Rights In Peru”. 2021. Amnesty.Org. https://www.amnesty.org/en/countries/americas/peru/report-peru/. Canadian Centre for the Responsibility to Protect | 70 May 2021
8. “Familiares de víctimas rechazan nueva versión de la Fiscalía sobre denuncias de violaciones a DD.HH.: Es “show mediático” y busca “garantizar impunidad,” (“Relatives of the victims reject a new version of the Public Prosecutor's Office on allegations of human rights violations: it is a ‘media program’ and seeks to ‘guarantee impunity’”). CNN en Español.
In 2020, Fatou Bensouda, prosecutor for the International Criminal Court (ICC), stated in his annual Report on Preliminary Examination Activities that there are "reasonable grounds" to believe that crimes against humanity have been committed in Venezuela since April 2017 - when a wave of anti-government protests broke out.107 This article concerns the indignation of victims' relatives regarding the document presented by Tarek William Saab, the attorney general of Venezuela, in regards to the aforementioned accusations. Saab's document, presented on April 30th, 2021, is the third report submitted to the ICC containing the official version of the actions of the Venezuelan State, highlighting the government's work in the "defence of human rights."108 In it, Saab presented the results of the Venezuelan investigation concerning the deaths of Fernando Albán, leader of the Justice First ("Primero Justicia") opposition party, Juan Pablo Pernalete, protester, and of Lieutenant Commander Rafael Acosta Arévalo. The attorney general then requested the ICC to review the mentioned actions as they were evidence that the state had fulfilled concrete commitments regarding the defence of human rights and its duty concerning the investigations.
The victims' relatives, however, reacted with indignation to the new version of the events presented by the Public Ministry. Despite authorities admitting for the first time that Fernando Albán did not commit suicide, that Pernalete "was hit in the chest by a tear gas canister" and that Acosta Arévalo was "tortured and killed," families are not satisfied with the progression of investigations.109 According to Albán's relatives, Saab's statements are a "media show," and his true purpose is to "confuse public opinion and deceive the International Criminal Court, making it believe that the crimes committed against Fernando Albán and other victims of the dictatorship are being investigated and prosecuted."110 Relatives also stated that "the Government 'does not intend to provide true justice'" and that the report fails to investigate "possible links [between the cases] with the state apparatus […] [and] [violations] of civil and human rights in the country."111 Venezuela's situation is relevant to R2P as the pattern of human rights violations reveal the country's failure to uphold the first pillar of the R2P doctrine and its responsibility to protect citizens regardless of political affiliations. The lack of impartial investigations combined with the systematic and targeted
107 Fernando del Rincón. “The International Criminal Court puts Maduro under the microscope for crimes against humanity,” CNN en Español, accessed May 22, 2021, https://cnnespanol.cnn.com/video/venezuela-corte-penal-internacional-nicolas-maduro-crimenes-lesa-humanida d-fernando-del-rincon-cnne/ 108 Osmary Hernández. "Relatives of the victims reject a new version of the Public Prosecutor's Office on allegations of human rights violations: it is a "media program" and seeks to "guarantee impunity,"" CNN en Español, accessed May 21, 2021, https://cnnespanol.cnn.com/2021/05/03/venezuela-familiares-victimas-fiscalia-derechos-humanos-cpi-orix/ 109 Ibid. 110 Ibid. 111 Ibid. Canadian Centre for the Responsibility to Protect | 71 May 2021 violence, torture, as well as arbitrary detention of protesters, activists and critics of the Maduro Regime amount to crimes against humanity and can be described as government repression.
Canadian Centre for the Responsibility to Protect | 72 May 2021
9. "Colombia y la denuncia ante la CPI por "crímenes de lesa humanidad" durante las protestas," (“Colombia and the complaint before the ICC for "crimes against humanity" during the protests”). France 24.
Colombian senator Iván Cedepa and several social organizations have presented a comprehensive report to the International Human Rights Court (ICC) and the United Nations Security Council. In the document, they state 1,595 events in which human rights violations occurred in the context of current protests. The report also accuses the Colombian Public Force of committing crimes against the civilian population in the form of homicides, torture, severe deprivation of physical freedom, sexual violence and forced disappearances in the demonstrations that have taken place since April 28th, 2021. The document consists of more than 100 pages and declares several military and police commanders responsible for police brutality and other abuses. Among the mentioned names are President Iván Duque, the Minister of Defence Diego Molano, the Army Commander General Eduardo Zapateiro and the Director of the Police, General Jorge Luis Vargas. The four are reported to be "the most responsible" for police atrocities since despite having the material capacity to prevent the aforementioned crimes and punish the responsible officers effectively, they did not do so.112 As a result, since "the Colombian State does not have the will to carry out the investigations," the intervention of the ICC is requested.113
The document also denounces the "stigmatization of social protest" since, once demonstrations began, President Iván Duque characterized the marches as acts of terrorism and vandalism, summoning military assistance to subdue protesters and allowing police violence to occur.114 Additionally, it is mentioned that, hours before the presidential message, former President and Duque's mentor, Álvaro Uribe, called on his Twitter for people to support soldiers and the police in using "their weapons to defend the integrity and to defend the people and their property from [the protesters'] criminal actions and terrorism."115 Consequently, in the complaint given to the ICC, Uribe is mentioned as the "main instigator" for the alleged crimes that have occurred since April 28th.116 Due to the participation of the military in the government's response, and the state's failure to protect the civilian population, the report requested the visit of the ICC prosecutor Fatou Bensouda to the country for an independent investigation to progress.
112 Jorge Hurtado. "Colombia and the complaint to the ICC for "crimes against humanity" during the protests," France 24, accessed May 21, 2021, https://www.france24.com/es/am%C3%A9rica-latina/20210514-colombia-denuncia-cpi-protestas-abuso-policial 113 Ibid. 114 Ibid. 115 Ibid. 116 Ibid. Canadian Centre for the Responsibility to Protect | 73 May 2021
10. "Colombia: Preocupan las denuncias de desapariciones y violencia sexual contra manifestantes," (“Colombia: Concerning reports of disappearances and sexual violence against protesters”). Amnesty International.
The 2021 Colombian protests began on April 28th as a movement against tax reforms proposed by President Iván Duque Márquez. These reforms would have increased taxes for lower-income citizens and essentials (such as food) while eliminating existing tax exemptions.117 President Duque characterized this proposal as a reaction to Colombia experiencing the worst recession in almost 50 years, creating the need to increase revenue through taxes to have spending money and maintain social programs.118 Nevertheless, critics stated that the aforementioned action would unfairly and disproportionately target Colombia's working class, escalating inequality, especially since they are experiencing high unemployment rates due to the pandemic.119 Thus, as a result of this controversial fiscal reform, Colombians decided to protest. Nevertheless, once protests began, there were numerous reports concerning indiscriminate use of lethal weapons, enforced disappearances, and sexual violence by police authorities against demonstrators. Such are considered direct violations of human rights, being characterized as crimes under international law. As a result, although the movement started as a reaction to the proposed reform, demonstrations soon shifted to protests against police abuse.
As of May 6th, multiple Colombian NGOs have reported the "violent death of 37 people, 1,708 cases of abuse of force, 26 victims of eye injuries, 234 victims of physical violence, and 934 arbitrary detentions against demonstrators" in addition to 135 cases of forced disappearances and 11 cases of sexual violence amidst protests.120 A woman demonstrator in Cali stated that on April 30th, she was isolated from other protesters by a Mobile Anti-Riot Squad (ESMAD) agent, who later sexually abused her in front of his colleagues. Situations such as this have led Colombian citizens, NGOs, and the International Community to call for an investigation of the alleged human rights violations. Failure to respect and guarantee the right to peaceful assembly can indicate repression in the nation, and according to international law, police should only use force as the last resort while adhering to the principles of necessity, legality, proportionality and accountability. Using force as a justification to preserve order in peaceful protests and in situations that do not pose a concrete threat to third parties' life or physical safety is considered disproportionate use of force. Consequently, it is contrary to international standards.
117 Jaxx Artz. "Why are protests taking place across Colombia?," Global Citizen, accessed May 22, 2021, https://www.globalcitizen.org/en/content/colombia-protests-inequality-explainer/ 118 Ibid. 119 Ibid. 120 Duncan Tucker. "Colombia: Concerning reports of disappearances and sexual violence against protesters," Amnesty International, accessed May 21, 2021, https://www.amnesty.org/en/latest/news/2021/05/colombia-preocupan-las-denuncias-de-desapariciones-y-violen cia-sexual-contra-manifestantes/ Canadian Centre for the Responsibility to Protect | 74 May 2021
Further reading:
1. “Colombia’s protests, explained,” CNN. May 7, 2021. (English) 2. “Everything you need to know about human rights in Peru,” Amnesty International. 2020 (English) 3. “Desarrollo y Democracia en el Perú: Contribución de la cooperación internacional y rol de las organizaciones de la sociedad civil - La Crisis de la Democracia y su Impacto en los Derechos Humanos” (The Crisis of Democracy and its Impact on Human Rights). Coordinadora de Entidades Extranjeras de Cooperación Internacional (COEECI). (Spanish) 4. "Derechos Humanos en Venezuela - Situación Actual," (Human Rights in Venezuela - Current Situation). Amnesty International. 2021 (Spanish) 5. "Venezuela - Eventos de 2020," (Venezuela - Events of 2020). Human Rights Watch. 2020 (Spanish)
Canadian Centre for the Responsibility to Protect | 75 May 2021
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