21/06/2010

IV ACAMPAMENTO DE DEFENSORES DE DIREITOS HUMANOS DA ÁFRICA LUSÓFONA: DECLARAÇÃO FINAL

DECLARAÇÃO DE BENGUELA
CONCLUSÕES E RECOMENDAÇÕES DO IV ACAMPAMENTO DE DIREITOS HUMANOS DA SOCIEDADE CIVIL DOS PAÍSES AFRICANOS LUSÓFONOS,
BENGUELA – ANGOLA
07- 10 de Junho de 2010
Estiveram reunidos, de 07 a 10 de Junho de 2010, 74 activistas dos Direitos Humanos, na Cidade de Benguela-Angola, no IV Acampamento de Direitos Humanos dos Países Africanos Lusófonos, que contou também com a participação de convidados vindos do Brasil.

Durante o acampamento os activistas debateram os seguintes temas:
1. Segurança Pública e Direitos Humanos;
2. Violência Social, Segurança Pública e Direitos Humanos, Experiência de Angola, Moçambique e São Tomé e Principe
3. O Processo de Revisão Periodica Universal;
4. Grupos Vulneráveis e Prevenção da Violência;
5. Género e Política de Segurança Pública;
6. Controlo Social da Polícia;
7. O Papel do Sistema Criminal no Sistema de Justiça;
8. O Sistema Prisional e Justiça Restaurativa;
9. Policiamento Comunitário – Desafios e Propostas;

O acampamento serviu ainda para que as organizações aí representadas debatessem sobre o contexto dos seus respectivos países, tendo as mesmas chegado as seguintes conclusões:
 Insuficiência de legislação específica que proteja os grupos vulneráveis (Pessoas com deficiência, Crianças, Idosos, Grupos Étnicos minoritários, Minorias Sexuais, Pessoas Vivendo com HIV-SIDA, Mulheres do sector informal, entre outros);
 Insuficiência de políticas do Estado para prevenir a violação e atender os direitos dos grupos vulneráveis;
 Falta de medidas de protecção para as mulheres vítimas de violência doméstica (casas de abrigo, departamentos especializados para o atendimento a mulher vítima de violência e tratamento para os agressores);
 Falta de sensibilidade para as questões de género;
 Desrespeito às normas sobre detenção (prazos de prisão preventiva, lugar de detenção, momento e horários de detenção);
 A baixa remuneração influência a propensão para a corrupção;
 Desrespeito ao princípio da presunção de inocência;
 Superlotação nas cadeias;
 Ausência de medidas de penas alternativas à pena de prisão;
 Desrespeito pelas normas nacionais e internacionais de protecção dos presos e detidos;
 Leis desajustadas à realidade actual.

Em face das constatações, recomendamos o seguinte:

Aos Governos:

1. Sobre Grupos Vulneráveis e Prevenção da Violência

Criação de legislação e políticas especialmente voltadas para a protecção dos grupos vulneráveis (Pessoas com deficiência, Crianças, Idosos, Grupos Étnicos minoritários, Minorias Sexuais, Pessoas Vivendo com HIV-SIDA, Mulheres do sector informal, entre outros).

2. Sobre o Género e as Políticas de Segurança

a. Criação de instituições especializadas para responder as necessidades das mulheres;
b. Inclusão da discussão sobre o género no currículo escolar;
c. Educação cívica nas comunidades;
d. Garantir a iluminação pública;
e. Garantir assistência jurídica gratuita e de qualidade;
f. Promover a formação e sensibilização das forças policiais e operadores do Direito.

3. Sobre o Controlo Social da Polícia

a. Promover uma maior aproximação dos serviços de segurança aos cidadãos;
b. Promover o envolvimento participativo das comunidades nas políticas de segurança pública;
c. Promover a criação de uma polícia cidadã, mais humanizada.

4. Sobre o Papel da Investigação Criminal no Sistema de Justiça

a. Promover a formação e capacitação dos investigadores para que os direitos das pessoas sejam respeitados e para que o sistema de justiça seja justo, transparente e confiável;
b. Criar condições para uma investigação criminal mais competente, centrada no princípio da defesa, da presunção da inocência, do contraditório e mais célere;
c. Garantir maior celeridade da reforma do sistema de justiça;

5. Sobre o Sistema Prisional e Justiça Restaurativa

a. Criar penas alternativas à pena de prisão;
b. Separar a população carcerária em função da pena e da faixa etária;
c. Garantir o direito à educação, vinculando-o ao sistema oficial de ensino;
d. Respeitar os prazos de prisão preventiva;
e. Garantir assistência jurídica, social, psicológica e médico/medicamentosa aos prisioneiros;

6. Sobre o Policiamento Comunitário

a. Definir um modelo adequado para a realidade sociopolítica e cultural de cada país e das comunidades locais;
b. Formar e capacitar a polícia e as comunidades em matérias relacionadas com direitos humanos e boas práticas do policiamento comunitário;
c. Envolver os mídia na divulgação e promoção das boas práticas sobre o policiamento comunitário;
d. Implementar programas de educação cívica sobre políticas públicas e de segurança pública e direitos humanos.

Às Organizações da Sociedade Civil:

ü Promover a criação de uma base de dados com informações relativa a real situação dos grupos vulneráveis;
ü Garantir o intercâmbio entre as organizações dos diversos Países, representados neste encontro, de forma à que se crie um aumento significativo de trocas de experiências;
ü Criar mecanismos de fiscalização da actividade da polícia como forma de combater as execuções extrajudiciais;
ü Propor aos grupos parlamentares a fiscalização do desempenho das instituições de defesa e segurança;

As organizações participantes
Benguela, aos 10 de Junho de 2010

FLORIBERT CHEBEYA (article de presse)

ARTICLE DE PRESSE

Dieudonné Bwelongo Kambilo stigmatise les abus et les violences pratiqués en R. D. Congo au sujet de l’assassinat de Floribert Chebeya, président de l'association des droits de l’homme (La voix des sans voix).
San Antonio, de son vrai nom Fredric Dard qui a beaucoup écrit de romans policiers à Paris et en argot, avait entièrement raison dans un livre intitulé « Panique au Zaïre » . Ce sont les signes du temps qui ne trompe pas, parce que les rapports publiés par la Radio Okapi, La voix des sans voix (VSV), l'Agence France de Presse, l’AZHADO, les ONG congolaises, peuvent se lire ces derniers jours comme un résumé de contradictions dans la politique étrangère congolaise de promotion de la démocratie et du respect des droits humains.
Plusieurs autorités politiques, militaires et policières de la RDC sont directement responsables et épinglées pour cet affreux assassinat de Floribert.
Il est du devoir des Congolais, de la communauté internationale y compris tous les pays sérieux du monde entier de rappeler à l’ordre et de sanctionner ces autorités impitoyables de la RDC, qui ne respectent pas leurs engagements en faveur des droits de l’homme. L’usage de la torture, les arrestations arbitraires et sans jugement, les mauvais traitements dans les cachots et en prison ainsi que des décès dans les centres de rééducation pénitentiaires en R D Congo sont légion.
Stigmatisé pour la pratique d’incarcération arbitraire et l’absence de liberté contre les partis politiques d’opposition ainsi que des ONG de défenses des droits de la personne humaine par le pouvoir congolais actuellement en place, les policiers et les militaires congolais doivent immédiatement cesser d’utiliser communément « des méthode de torture telles que les passages à tabac », l'irrespect des tutoiements et insultes, la privation de sommeil et l’isolement.
En RDC les autorités civiles contrôlent en général les forces de sécurités, les brutalités policières lors des manifestations politiques ont toujours entraîné en particulier dans la ville de Kinshasa une surpopulation pénale. Des cas de tortures et d’assassinats politiques ont régulièrement été commis par les forces de sécurité, principalement par la police.
Parmi les traitements cruels inhumains et dégradants en RDCo, sont mentionnés la suspension par les bras ou les jambes et l’emploi d’électrochocs. Ce genre de gouvernance est négatif, inacceptable, intolérable, et engendre une « colère majuscule » chez toute personne éprise de paix de justice et de démocratie, à l’aube du troisième millénaire.
Jouer au système de l’Etat policier n’a aucun sens pour les Congolais, qui ont déjà tant souffert de l’esclavagisme, du colonialisme, et de l’exploitation de l’homme par l’homme, et surtout de la dictature militaire sanguinaire.
Les affirmations du pouvoir congolais au sujet de l’assassinat de Floribert Chébéya, retrouvé sans vie dans sa voiture, sur la route de Matadi vers Mitendi, ne sont que des manœuvres dilatoires pour distraire l’opinion publique congolaise et internationale. « Quelle que que soit la durée de la nuit, le soleil finit toujours par apparaître » dit-on.
Cet assassinat n’est pas le premier ni le seul en RDC, il y en a eu plusieurs de ce genre qui se sont élucidés ces dernières années, par exemple ceux de Daniel Boteshi (député provincial), Serge Maheshe (journaliste), Frank Ngke et son épouse (journalistes), Bapua Mwamba (journaliste), Didadace Namujimbo (journaliste), Albert Ngezako (homme d’affaires)...
Que dire de nombreux responsables des ONG congolaises pacifistes du développement et de défense des droits de l’homme qui ont été forcés de se refugier en occident et ailleurs à cause de cette violence institutionnalisée en RDC ?
Est-il nuisible pour les responsables des associations des droits humains et pour les journalistes de dénoncer les méfaits et les bavures sur la place publique, aussi et surtout dans le cadre de l’exercice de leurs fonctions ? Le temps est bon juge.
Dieudonné Bwelongo Kambilo
Citoyan du Monde
Militant de Droits de l’Homme
Fait au dortmund, le 15 juin 2010

20/06/2010

ANGOLA SUCCESSFULLY FIGHTING POVERTY

http://www.afrol.com/articles/36335

Angola successfully fighting poverty

afrol News, 15 June - Despite poor a transparency and democracy record, Angola has managed to translate its oil-driven economic boom into human development and poverty reduction a new nation-wide survey shows.

Preliminary data from the first nation-wide survey to collect development indicators since the end of Angola's long-running civil war demonstrate that living standards are rapidly improving in the country.
The Angolan government and the UN's children agency UNICEF jointly conducted the first-ever Multiple Indicator Cluster Survey, which found that progress has been made in five of the eight Millennium Development Goals (MDGs): malnutrition; education; gender balance; child survival and malaria; and HIV/AIDS.Since 2002, malnutrition has dropped from 35 to 23 percent, while school enrolment has surged to 76 percent.
Gender parity is close to being achieved in schools, with 98 girls for every 100 boys attending classes.Meanwhile, child survival has been on the upswing, improving by nearly 20 percent, while the proportion of child death due to malaria has fallen to 23 percent.
Koen Vanormelingen, UNICEF's Representative in Angola, told reporters today in Geneva that these improvements were due to the consistent oil-driven economic growth that the country has experienced since 2002. Also accelerating progress towards reaching the MDGs had been the government's rehabilitation and revitalisation efforts, with 30 percent of the state budget being earmarked for the social sector.
But he pointed to some setbacks, especially in maternal mortality, which had not seen the same level of improve as other areas, mainly because skilled attendance at birth continued to hover just below 48 percent.
Also, despite improvements in schools, only 35 percent of Angolan children finish primary school on time, and there was still a backlog of people who had not been able to receive educations during the 27-year war, which ended in 2002.
Mr Vanormelingen also noted that the water and sanitation sector had experienced a step backward, with only 42 percent of people having access to safe and drinkable water and 60 percent to basic sanitation. "Combined with continued poverty and disparity, this could jeopardise the gains made in child survival and development," he cautioned.
One of the key reasons holding Angola – which ranks 143rd out of 158 nations in the 2009 Human Development Report – back from stepped-up success in achieving the MDGs, the UNICEF official said, was the fact that nearly 90 percent of Angolans live in slums.
The country, Mr Vanormelingen explained, had completed the relatively easier task of rebuilding institutions and infrastructures, but now must tackle the challenge of improving its human capital.He stressed that, as agreed with the International Monetary Fund (IMF), the Angolan government should continue its high level of investment in the social sector, but also enhance resource allocation to reduce poverty and in bolstering young people's skills.
Nevertheless, the progress in Angola since the end of the long civil war has been faster than most observers expected. Angola was predicted to fall into the "oil curse" after the war, with most revenues from the booming sector only being channelled to a small, wealthy minority of businessmen close to the political leadership.
Angola has often been criticised for lack of transparency in its oil and mining sectors, with corruption being very widespread in the country. Also, democratic institutions and press freedom - key checks to government spending - have developed very slowly in Angola. During the last decade, Angola's rapid development of the oil sector and revitalisation of the mining sector led to double-digit growth rates most years. But by 2009, the non-oil sector has developed into the motor of new growth in the country.
Contrasting many other poor countries with a large oil wealth and underdeveloped democracies, Angola's economic growth to a large degree has been invested into poverty reducing efforts. The progress recorded in the nation-wide development indicators survey nevertheless comes as a small surprise.

By staff writer
© afrol News

19/06/2010

THE 'BLOOD DIAMOND' RESURFACES (The Wall Street Journal)


By MICHAEL ALLEN

CAFUNFO, Angola—On paper, Angola is a poster child for the global effort to keep "blood diamonds" out of the world's jewelry stores.

International pressure helped end a vicious civil war a decade ago by strangling the ability of rebels to trade diamonds for weapons. Angola is now a leading member of the so-called Kimberley Process, an industry-wide effort to prevent commerce in rough diamonds by insurgent groups. Today, Angola is the world's fifth-largest diamond producer by value, and its gems are coveted for their size and purity.

But a visit to Angola's diamond heartland reveals that plenty of blood still spills over those precious stones. Here in the sprawling jungle of northeast Angola, a violent economy prevails in which thousands of peasant miners eke out a living searching for diamonds with shovels and sieves. Because they lack government permits, miners and their families say they are routinely beaten and shaken down for bribes by soldiers and private security guards—and, in extreme cases, killed.
This sort of violence, which has made headlines in nearby Zimbabwe, is threatening to tear the Kimberley Process apart. Diamond retailers can ill afford more bad publicity about tainted stones. But many of Africa's diamond-producing nations are wary about any effort to beef up the industry's policing of human rights.

Around Angola's mines, tales of confrontation abound. In an interview with The Wall Street Journal, Linda Moisés da Rosa, 55 years old, denounced the killings of her two sons, both diamond miners. In September, she said, Angolan soldiers descended on a large mine near here to chase away diggers. When some refused to leave, she said, the soldiers caved in the mine, burying alive around 45 men, including her son Pereira Eduardo Antonio, 21. "These kids were stubborn," she said, adding that the soldiers said that the killings "should serve as a lesson to anyone who wants to come dig here again."

In February, she said, her oldest son, 33-year-old Tito Eduardo, the family's sole breadwinner, got into a dispute with private security guards at another mining site. She said the guards had agreed to let local diggers sift gravel for diamonds in exchange for around $30 a day. They accused her son of failing to pay the bribe, and when he argued back, she said, "they killed him with a machete."

Military officials didn't respond to requests for comment. Angola's secretary of state for human rights, António Bento Bembe, blames his nation's long civil war for creating a climate of abuse. "I know lots of these cases happen, and I know of many other cases you haven't heard of yet," he said in an interview in Luanda, Angola's capital. "It is urgent to cultivate a culture of human rights."

The issue has plunged the Kimberley Process into the worst crisis in its brief history. Born at a time of great bloodshed on the African continent, the 75-nation Kimberley Process was initially lauded for its commitment to human rights. Rebel movements had seized control of diamond regions in Angola, Sierra Leone and the Democratic Republic of Congo and used the gems to finance marauding guerrilla armies. Facing a public-relations nightmare, world diamond companies agreed to buy rough stones only if they are certified by internationally recognized governments. The Kimberley Process says well over 99% of the world's rough-diamond trade is now "conflict-free."

But critics say there's a big loophole in that definition: It doesn't take into account human-rights abuses in diamond territory controlled by governments themselves. "The Kimberley Process cut the financial lifeline of rebels, but at the same time it gave legitimacy to corrupt governments that abuse their own people," says Rafael Marques, a human-rights activist who has worked extensively in northeastern Angola.

Much of the recent controversy is focused on Zimbabwe, where the group Human Rights Watch last year reported that government soldiers massacred over 200 people in a fight to control diamond fields in the east of the country, raped local women and press-ganged peasants into mining work. The Kimberley Process temporarily suspended exports from the area on the grounds that the turmoil was allowing undocumented stones to be smuggled into the world market. Last month, a monitor installed by the Kimberley Process recommended that the ban be lifted, kicking off a fierce debate. A Kimberley Process committee has been deliberating the recommendation and the issue will be taken up in a meeting of the entire group in Tel Aviv starting Monday.

Global Witness, a human-rights organization that helped conceive the Kimberley Process, called for Zimbabwe to be suspended from the group. "Thanks to the impunity and violence in Zimbabwe, blood diamonds are back on the international market," said Elly Harrowell, a Global Witness activist.

Jewelers are starting to worry that the bad publicity could spook consumers. Matthew Runci, chief executive of Jewelers of America, a trade group which represents jewelry chains from Tiffany & Co. to Zale Corp., says the Kimberley Process should either figure out a way to incorporate human-rights monitoring into its oversight of member countries or invite an outside organization to do it for them. "It's essential that the public's confidence in diamonds be maintained at a high level," he says. Once a diamond has been cut and polished, it's virtually impossible for the consumer to tell its country of origin.

Cecilia Gardner, a former New York federal prosecutor who serves as the general counsel of the World Diamond Council, says the Kimberley Process is a voluntary organization and isn't equipped to enforce human-rights compliance. "We don't have an army, we don't have a police force," she says.

In Angola, which far overshadows Zimbabwe in importance to the jewelry market, the Kimberley Process appears to have little appetite for human-rights issues. Last August, when a Kimberley Process peer-review team arrived to check the country's compliance procedures, Angolan forces were just mopping up a major operation to expel some 30,000 illegal Congolese miners from Angolan territory near here. According to a U.S. State Department report citing local media and nongovernmental organizations, military and police "arbitrarily beat and raped detainees" and forced them to march to the border without food or water. The government has denied committing abuses and says the army was merely securing the nation's borders.

A confidential Kimberley Process report on the review visit makes no mention of alleged human-rights abuses, although it criticizes Angola for failing to present a plan to better document the output of peasant mining. The group spent just two days in Lunda Norte, an area near the Congo border that has become a flashpoint for clashes between diggers and security forces. According to a draft of the internal report, the delegation intended to visit the site of a large illegal mining operation but was thwarted by "a last-minute decision to participate in a graduation ceremony for new border patrol security officers." As the team was preparing to depart, the chairman of the Kimberley Process at the time, Namibian politician Bernhard Esau, pronounced the visit a success and brushed off questions about alleged abuses of peasant miners. "The Kimberley Process is not a human-rights organization," he told reporters.

The roots of Angola's current blood-diamond problems have much to do with geology. Unlike in Botswana and South Africa, where multinational corporations use heavy machinery to extract diamonds out of deep shafts, much of Angola's diamond reserves are alluvial, meaning the stones have been washed out of the earth and scattered across the countryside. They're available to anyone with a shovel and wood-framed sieve, and are difficult for mining companies to secure. More than a million people world-wide earn a living from artisanal mining in alluvial fields, including tens of thousands in Angola alone.

Angola's artisanal miners, known in Portuguese as garimpeiros, played a pivotal role in the country's civil war, which lasted for 27 years and left at least a half-million people dead. U.S.-backed troops of the Union for the Total Independence of Angola, or UNITA, fighting to depose a Soviet-supported socialist government, controlled much of the country's diamond territory. To fund their war effort, they enlisted peasant diggers from here as well as neighboring Zaire, now known as the Democratic Republic of the Congo.

While UNITA forces committed plenty of atrocities, some people here in Cafunfo say they generally treated garimpeiros fairly. They allowed diggers to keep a percentage of the diamonds they found and established an immigration policy to bring in Congolese workers on 30-day permits, says Enoque Jeremias, a local human-rights investigator. "It was a fair system," he adds.

The war's end led to a surge in diamond production, as large mining companies dusted off old claims and launched new operations. Among the players are Odebrecht SA of Brazil, Russia's state-owned Alrosa; and a company controlled by Israeli diamond magnate Lev Leviev, all of which operate in joint ventures with the government diamond company Endiama.

But the garimpeiros were hardly prepared to put away their shovels. There's little agriculture here and almost no jobs outside of the mining sector. Plus, vast parts of the countryside haven't even been explored yet, much less mined. The peasants proved adept at finding diamond deposits that the big companies missed, and this so-called informal production continued to account for more than one-quarter of the country's diamond exports, according to the Partnership Africa Canada, an Ottawa-based nongovernmental agency that deals with mining issues.

To soak up those diamonds, Angola authorized foreign-run buying operations to be established in the bush. U.S. diamond giant Lazare Kaplan International Inc. became a fixture in the area, signing a technical agreement with the government to set up buying houses. Lazare Kaplan says it let the agreement expire in 2008, when world diamond prices collapsed, and is now winding down operations in Angola. Lazare Kaplan Chairman Maurice Tempelsman, the late-life companion of Jacqueline Kennedy Onassis, says the company was trying to bring development to the area and help strengthen Angola's Kimberley Process controls. "I am strongly committed to the protection of human rights," Mr. Tempelsman says, adding: "I believe in this imperfect world, involvement in trying to bring about constructive change is the best course."

Lazare Kaplan's withdrawal has left a wide-open field for other buyers, including a company controlled by Israel's Mr. Leviev, as well as a flood of newcomers from West Africa and the Middle East. Their storefronts line the muddy streets of Cafunfo, trying to outdo each other with mirror-signed bling.

For Ahmad Mouein, a Lebanese buyer who bills himself as "Boss Mouein," it's a great business opportunity despite the recession in the diamond market. "Sometimes a digger here can sell you a $500,000 stone for $5,000, $10,000," he marvels. He says the Kimberley Process hasn't succeeded in its primary mission of halting smuggling. "Kimberley or not Kimberley, my friend, for the diamond, you can do what you want."

By many accounts, the presence of these buying houses has only fanned the violence by encouraging more peasants to get into the mining business at the same time that government security forces have been tasked with stopping them.

At one such illegal mine, an hour's motorcycle ride over trails outside of Cafunfo, a Dantesque scene unfolds. Perhaps 500 young men are clambering over a vast pit dug deep into the red earth. They've been at it for a year now, and figure they have months to go until they hit a vein of gravel they believe will contain diamonds. Their tools are rudimentary—pikes and shovels—and the work is backbreaking, alleviated only by the homegrown marijuana many smoke and the small sachets of alcohol that can be had everywhere for a dollar.

They live on the site in homemade tents and work in shifts. To support themselves, they say, they make agreements with buyers, especially the West Africans, to split the take.

Caxaculo Milonga, 44, says he's on the hook with a man he knows as Boss Ibrahim from Senegal. Although Boss Ibrahim paid medical expenses when a run-in with police and soldiers sent him to the hospital, Mr. Milonga complains that the deal is unfair because he has to give Boss Ibrahim 50% of all production, then sell the rest to him at a rock-bottom price. "We work like slaves and they're cheating us," he says. "You can't argue or he'll call the police." Another garimpeiro says his sponsor at one time was a police investigator in Cafunfo, making any negotiation pointless.

Concerns about security forces are never far away. Last year, as part of the latest effort to expel Congolese diggers, the Angolan army moved into the area in force. In recent months patrols have paid a visit to the mine, harassing miners and slapping them with the flat side of their machetes, the miners say. The diggers worry that the army is just waiting until they hit gravel so they can move in and take the diamonds for themselves.

Near another illegal mining site, peasants described a similar scenario. In December, an army patrol swept through the village of Bundo in search of mining tools, says Cazanguia Andre, the 60-year-old deputy chief of the village. He says he ran into them on the way back from tilling his field, and they accused him of being a garimpeiro. They then hit him twice in the head with a rifle butt and struck him with a pole, he adds, breaking his arm. Later, after they discovered shovels at the local church, which Mr. Andre says were being used for construction, they arrested three people.

A lieutenant at a nearby temporary army encampment declined to be interviewed but said his squad hasn't committed any abuses of the local population and isn't involved in any mining activities.

Back in Bundo, four garimpeiros give a different story. They say when soldiers swept through they discovered the garimpeiros working with a water pump in a pit. The soldiers confiscated the pump. Then a negotiation ensued, says one garimpeiro, and the soldiers agreed to give back the pump in exchange for $54—as well as a split of the action. "When we hit the gravel, the soldiers will be present to get their share," he says.

Write to Michael Allen at mike.allen@wsj.com

JOINT LETTER TO THE UN SECURITY COUNCIL REGARDING THE ONGOING CRISIS IN KYRGYZSTAN

http://www.crisisgroup.org/en/publication-type/media-releases/2010/asia/joint-letter-to-the-un-security-council-regarding-the-ongoing-crisis-in-kyrgyzstan.aspx
Joint Letter to the UN Security Council Regarding the Ongoing Crisis in Kyrgyzstan

Brussels/New York 17 Jun 2010
To: Security Council Ambassadors

Your Excellency,
We urge the United Nations Security Council to take immediate steps to address the ongoing crisis in Kyrgyzstan. With a death toll likely to reach far higher than the official count of 200 and an estimated 400,000 displaced in Kyrgyzstan and across the border in Uzbekistan, the situation poses a significant threat to international peace and security. The Kyrgyz authorities have primary responsibility for halting the violence and resolving this crisis, but reports from the ground provide ample evidence that the government is unable to protect those in need, and Kyrgyz authorities have already acknowledged that they need substantial assistance.

In the past week, violence along ethnic lines has engulfed Osh and Jalal-Abad, resulting in killings, rapes, beatings, and widespread burning and looting of homes and other properties. There are a growing number of reports that Kyrgyz military and other security personnel not only failed to stop the violence, but in some cases may have been active participants.

In the last two days there have been fewer reports of violent attacks but some continue. Claims that the situation is stable are belied by the extremely tense standoff that remains. Ethnic Uzbeks who remain in Osh are in some cases trapped in isolated neighborhoods, living in fear behind barricades. The government itself recognizes that new violence could flare at any moment.

The humanitarian situation is grave and increasingly urgent because Kyrgyz forces cannot be relied upon to provide the secure environment needed for humanitarian assistance to reach the population. Humanitarian organizations are having great difficulty accessing those needing assistance, and report incidents of theft and looting of aid.

Some 100,000 ethnic Uzbeks have sought refuge in Uzbekistan; the border is now closed. As many as 40,000 who fled the violence are without shelter, and given the destruction of hundreds of houses, many of the displaced have no homes to return to even should they feel safe to do so. Repatriation of the displaced will require much greater security and confidence within the displaced community.

International security assistance is urgently needed. An international stabilization mission of limited size could make a significant difference by securing the area for humanitarian relief, providing security for some of the displaced to return home, and creating space for reconciliation, confidence-building, and mediation programs to succeed. This mission would have a policing mandate and could be bolstered by military forces, particularly constabulary forces or gendarmes, if necessary.

Security Council Members should work without delay with regional organizations to ensure that such a mission is fielded as quickly as possible, with the endorsement of the Security Council and with specific terms of reference, clear rules of engagement, and a limited duration. Countries with capacity to engage quickly, in particular Russia, should be encouraged to contribute to the rapid deployment of such a mission.

A short-term security presence is crucial to establishing the humanitarian corridor requested by the United Nations and should lead the way for multilateral efforts to create a secure political environment for the eventual, but delayed, holding of a constitutional referendum and elections, and a longer-term effort to strengthen the rule of law and the protection of minorities, as well as to assist the government in security-sector reform.

Accountability for the recent violence, including on the part of state authorities, will be essential to securing long-term stability and reconciliation. The government should be encouraged to investigate crimes, ensure the protection of witnesses, and hold accountable those responsible for the violence. Given the extent and character of the violence, however, government efforts toward accountability should have an international component to be credible and effective. As an immediate step, the government should cooperate with OHCHR to begin investigations.

The instability in southern Kyrgyzstan cannot be wished away, and without a decisive international response there is considerable risk that widespread violence will reignite. It is possible that ethnic Kyrgyz and Uzbeks may seek violent revenge for the past week of mayhem. Prolonged insecurity could provide an opening, for example, for political opponents who may seek to further weaken or overthrow the provisional government through violence against its perceived supporters. In the absence of an international mission to restore law and order, further such violence is likely to continue and could spill over to neighboring countries. Should conditions persist, widespread violence could cause a complete collapse of the state, with the attendant human rights, political, and security consequences for the region, including the risk of unilateral intervention by outside actors.

The threat to regional peace and security posed by the crisis in Kyrgyzstan is real and, despite the reduction in daily violence, still growing. The Security Council has an obligation to respond to these risks and should act immediately to work with the government, regional organizations and others to prevent further escalation of violence, including by authorizing international law enforcement and security assistance.

Best regards,
Louise Arbour, President and CEO, International Crisis Group
Kenneth Roth, Executive Director, Human Rights Watch

UN Special Advisers of the Secretary-General on the Prevention of Genocide and on the Responsability to Protect on the Situation in Kyrgyzstan

UN Special Advisers of the Secretary-General on the Prevention of Genocide and on the Responsibility to Protect on the Situation in Kyrgyzstan

Tuesday 15 June, 2010
New York

Two Special Advisers of United Nations Secretary-General Ban Ki-moon, Francis Deng on the Prevention of Genocide and Edward Luck on the responsibility to protect, expressed grave concern on Tuesday over the recent eruption of violence in Kyrgyzstan. “I am extremely concerned about the violence in South Kyrgyzstan, which has broken out along ethnic lines. I encourage the Interim Government and international actors to do all in their power to stop the violence and ensure the protection of vulnerable minority communities,” stated Mr. Deng.

The Special Advisers have been monitoring the situation in Kyrgyzstan closely since April 2010, when the ouster of President Kurmanbek Bakiyev brought ethnic tensions to the surface, particularly between the Kyrgyz and Uzbek communities in the south. The Special Advisers noted that the violence that started on 10 June appears to have targeted ethnic Uzbeks in particular. “The pattern and scale of the violence, which has resulted in the mass displacement of Uzbeks from South Kyrgyzstan, could amount to ethnic cleansing,” warned Special Adviser Luck. He reminded all parties that the 2005 World Summit banned either the commission or the incitement of ethnic cleansing, genocide, war crimes, or crimes against humanity.

Given the requests by the Interim Government for international assistance to the people of Kyrgysztan, the Special Advisers called on the international community to operationalise its “responsibility to protect” by providing coordinated and timely assistance to stop the violence and its incitement. They underscored the urgency of ensuring that the violence does not spread to other regions of Kyrgyzstan or to neigbouring countries.

The Special Advisers called on the Interim Government, neighboring states, and the larger international community to take all possible steps to reduce the risk of violence along ethnic lines in the future. “The current crisis in Kyrgyzstan has revealed a clear ethnic fault-line that has developed over decades. Once they have curbed the violence, the Kyrgyzstan authorities should acknowledge and address its underlying causes in order to prevent any recurrence, put in place a process of reconciliation in collaboration with civil society, and work to preserve the country’s ethnic diversity and heritage. The United Nations and the international community stand ready to assist in these efforts.”
For media queries please contact:
Kelly Whitty Outreach Officer
Office of the Special Adviser on the Prevention of Genocide
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Email: whitty@un.org

OPEN STATEMENT ON THE SITUATION IN KYRGYZSTAN

15 June, 2010

Open Statement on the Situation in Kyrgyzstan
United Nations (UN) member states must uphold their 2005 commitment to the responsibility to protect and take immediate action to protect populations from crimes against humanity and ethnic cleansing in Kyrgyzstan. The last five days have seen echoes of the very atrocities that gave rise to the rallying cry of “never again” in the wake of the Holocaust, Bosnia, and Rwanda: images of burnt corpses, destroyed homes, and hundreds of thousands of people driven from their homes, many stuck at a closed border. Kyrgyzstan’s government has pleaded for assistance to halt the violence and with each passing day lives are lost. There is no excuse for inaction. Failure to act will cost more lives.

Already, at least 170 people are known to have been killed and 2,000 injured, primarily ethnic Uzbeks, with the Office of the UN High Commissioner for Refugees reporting today that 275,000 have been displaced as interethnic violence has spread from Osh to Kyrgyzstan’s second largest city, Jalalabad. The attacks, carried out by groups of armed men, appear, as the UN High Commissioner for Human Rights Navi Pillay noted, premeditated and targeted against ethnic Uzbeks. These armed groups continue to terrorize ethnic Uzbek communities unimpeded as there is no robust military or police presence to deter them. While the situation in Osh appears calmer today, violence in Jalalabad continues and the risk of escalating, deadly violence remains.
The Kyrgyz government has the primary responsibility to halt the violence and protect their population. Yet they have already recognized that their forces have been overrun and that they are unable to uphold their responsibility and have asked for help. Russia was asked to provide military assistance, yet appears unwilling to intervene. Nor has the regional security organization, the Collective Security Treaty Organization (CSTO), offered military assistance. The United States, the European Union (EU), the Organization for Security and Cooperation in Europe (OSCE), the North Atlantic Treaty Organization (NATO), and the UN have similarly failed to offer the military or police assistance desperately needed to quell the violence and provide immediate protection to the people at risk.

A multi-pronged international response is now needed to save lives. The priority is for the UN Security Council to authorize a two-phase operation to deter and halt atrocities. The first phase would be a time-limited multilateral force, consisting of both military and police, led possibly by Russia and the CSTO, to assist the Kyrgyzstan forces in halting the violence and creating a secure environment for the provision of humanitarian assistance in Osh, Jalalabad, and at the border crossing with Uzbekistan. This initial, short-term deployment should be followed by a UN, EU, or OSCE mission consisting of a strong international police force and a mandate to strengthen state capacity for good governance, rule of law, and security sector reform and to provide mediation and dispute resolution assistance.

The UN Secretary-General and high-level officials must take every opportunity to support the call of the Special Adviser on the Prevention of Genocide and the Special Adviser focused on the Responsibility to Protect for the “international community to operationalise its ‘responsibility to protect’ by providing coordinated and timely assistance to stop the violence and its incitement.” They must also urge the government of Kyrgyzstan to ensure that their forces do not participate nor are complicit in the commission or incitement of atrocities. All actors have a responsibility to make clear that those who incite, aid or perpetrate crimes will be held accountable and take measures to ensure that impunity does not prevail.

The atrocities being perpetrated are preventable. As each day passes and the government’s plea for help is ignored, more lives are lost. Member states have a responsibility to protect populations from crimes against humanity and ethnic cleansing. The time to act is now.

The Global Centre for the Responsibility to Protect
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