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		<title>First Independent Expert To Tackle LGBTI Discrimination: &#8220;Historic Victory&#8221;</title>
		<link>https://www.ipsnews.net/2016/07/first-independent-expert-to-tackle-lgbti-discrimination-historic-victory/</link>
		<comments>https://www.ipsnews.net/2016/07/first-independent-expert-to-tackle-lgbti-discrimination-historic-victory/#comments</comments>
		<pubDate>Fri, 01 Jul 2016 19:48:48 +0000</pubDate>
		<dc:creator>Phillip Kaeding</dc:creator>
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		<guid isPermaLink="false">http://www.ipsnews.net/?p=145910</guid>
		<description><![CDATA[Human rights groups have described the UN Human Rights Council&#8217;s (HRC) decision on Thursday to appoint an independent expert to target the ongoing discrimination of lesbian, gay, bisexual, transgender and intersex (LGBTI) people all over the world as a &#8220;historic victory.&#8221; “For LGBTI people everywhere who have fought so hard for this victory, take strength from [&#8230;]]]></description>
		
			<content:encoded><![CDATA[<p><font color="#999999"><img width="300" height="204" src="https://www.ipsnews.net/Library/2016/07/17424739438_90c03f5453_z-300x204.jpg" class="attachment-medium size-medium wp-post-image" alt="" decoding="async" fetchpriority="high" srcset="https://www.ipsnews.net/Library/2016/07/17424739438_90c03f5453_z-300x204.jpg 300w, https://www.ipsnews.net/Library/2016/07/17424739438_90c03f5453_z-629x428.jpg 629w, https://www.ipsnews.net/Library/2016/07/17424739438_90c03f5453_z.jpg 640w" sizes="(max-width: 300px) 100vw, 300px" /><p class="wp-caption-text">Credit: Jorge Luis Baños/IPS</p></font></p><p>By Phillip Kaeding<br />UNITED NATIONS, Jul 1 2016 (IPS) </p><p>Human rights groups have described the UN Human Rights Council&#8217;s (HRC) decision on Thursday to appoint an independent expert to target the ongoing discrimination of lesbian, gay, bisexual, transgender and intersex (LGBTI) people all over the world as a &#8220;historic victory.&#8221;</p>
<p><span id="more-145910"></span></p>
<p>“For LGBTI people everywhere who have fought so hard for this victory, take strength from this recognition, and let today represent the dawn of a new day,” OutRight International’s executive director Jessica Stern said. OutRight International was one of 28 non-governmental groups which welcomed the resolution with a joint statement.</p>
<p>More than 600 nongovernmental organizations helped ensure that the HRC in Geneva adopted the resolution to “protect people against violence &amp; discrimination based on sexual orientation and gender identity”.</p>
<p>The establishment of an expert-position for these problems is a significant step since not all of the UN&#8217;s 193 members see eye to eye on LGBTI issues. “A UN Independent Expert sends a clear message that violence and discrimination based on sexual orientation and gender identity are a concern for the international community and need to be addressed by Member States,” John Fisher of Human Rights Watch told IPS.</p>
<p>With regard to compliance, Fisher said: “Of course, some States will decline to cooperate, which only underlines the need for the outreach work that an Independent Expert will conduct. Members of the Human Rights Council are required by a GA (General Assembly) resolution to cooperate with the Council and its mechanisms.”</p>
<p>The American Civil Liberties Union (ACLU), one of the biggest defenders of LGBT rights in the United States, expressed its approval, too. Jamil Dakwar, ACLU’s International Human Rights Director, told IPS the HRC resolution “is yet another affirmation that the promise of universal human rights leaves no one behind.”</p>
"Transgender persons face laws which deny their fundamental self-defined gender identity." --  John Fisher<br /><font size="1"></font>
<p>He also emphasized that “even in a country like the United States, where some LGBT rights are legally recognized, recent events, including the tragic mass shooting at an LGBT club in Orlando and the post-marriage equality legislative backlash against transgender people, confirm that the human rights of LGBT communities are in dire need of attention and protection.”</p>
<p>Indeed, although many states are making progress, LGBTI people still face discrimination and violence. According to studies, between half and two thirds of LGBTI students in the US, UK and Thailand are bullied at school and thirty percent of them skip school to avoid the trouble.</p>
<p>Fisher said to IPS that “discrimination is faced in access to health, housing, education and employment, transgender persons face laws which deny their fundamental self-defined gender identity.”</p>
<p>In the past years, violence, particularly against transgender people was shockingly common. For example, the 2014 report of the Anti-Violence Project showed that police violence was 7 times more likely to affect transgender people than non-transgenders. The 2015 report, released this June, revealed that 67 percent of victims of hate violence related killings of LGBTQ people were transgender.</p>
<p>A study released this week shows that there are 1.4 million transgender persons living in the United States: Twice as many as previously estimated. Although the US is slowly addressing some issues related to LGBT rights, such as removing barriers for transgender persons in the military some states have begun banning transgender people from using the bathroom according to the gender they identify with.</p>
<p>Human Rights Watch and others are happy to witness progress in states like the US and many Latin American countries. There was a clear pattern in the voting behavior of <span data-term="goog_328346421">Thursday’s</span> HRC meeting, too. No African and few Asian countries (only South Korea and Vietnam) voted in favor of the resolution. The 18 votes against the new resolution came among others from Russia, China and various Arab States.</p>
<p>The non-governmental actors who supported the resolution, however, also came from developing countries. “It is important to note that around 70 percent of the organizations are from the global south,” Yahia Zaidi of the MantiQitna Network said.</p>
<p>The resolution builds on previous HRC decisions in 2011 and 2014. In the newest draft, the independent expert is the most important innovation. Still, other parts of it were debated, too:</p>
<p>“Some amendments were adopted suggesting that cultural and religious values should be respected; these amendments could be interpreted as detracting from the universality of human rights. The resolution does, however, also include a provision from the outcome document of the Vienna World Conference on Human Rights, affirming the primacy of human rights,” Fisher reported from the council in Geneva.</p>
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		<title>Smart Phones New Tool to Capture Human Rights Violations</title>
		<link>https://www.ipsnews.net/2015/06/smart-phones-new-tool-to-capture-human-rights-violations/</link>
		<comments>https://www.ipsnews.net/2015/06/smart-phones-new-tool-to-capture-human-rights-violations/#respond</comments>
		<pubDate>Tue, 23 Jun 2015 18:31:18 +0000</pubDate>
		<dc:creator>Thalif Deen</dc:creator>
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		<guid isPermaLink="false">http://www.ipsnews.net/?p=141263</guid>
		<description><![CDATA[The widespread use of digital technology – including satellite imagery, body cameras and smart phones – is fast becoming a new tool in monitoring and capturing human rights violations worldwide. Singling out the role of Information and Communication Technologies (ICTs), the U.N. Special Rapporteur on Summary Executions Christof Heyns says: “We have all seen how [&#8230;]]]></description>
		
			<content:encoded><![CDATA[<p><font color="#999999"><img width="300" height="200" src="https://www.ipsnews.net/Library/2015/06/smart-phone-300x200.jpg" class="attachment-medium size-medium wp-post-image" alt="Some organisations are developing alert applications that journalists, human rights defenders and others can use to send an emergency message (along with GPS co-ordinates) to their friends and colleagues if they feel in immediate danger. Credit: Johan Larsson/ cc by 2.0" decoding="async" loading="lazy" srcset="https://www.ipsnews.net/Library/2015/06/smart-phone-300x200.jpg 300w, https://www.ipsnews.net/Library/2015/06/smart-phone-629x420.jpg 629w, https://www.ipsnews.net/Library/2015/06/smart-phone.jpg 640w" sizes="auto, (max-width: 300px) 100vw, 300px" /><p class="wp-caption-text">Some organisations are developing alert applications that journalists, human rights defenders and others can use to send an emergency message (along with GPS co-ordinates) to their friends and colleagues if they feel in immediate danger. Credit: Johan Larsson/ cc by 2.0</p></font></p><p>By Thalif Deen<br />UNITED NATIONS, Jun 23 2015 (IPS) </p><p>The widespread use of digital technology – including satellite imagery, body cameras and smart phones – is fast becoming a new tool in monitoring and capturing human rights violations worldwide.<span id="more-141263"></span></p>
<p>Singling out the role of Information and Communication Technologies (ICTs), the U.N. Special Rapporteur on Summary Executions Christof Heyns says: “We have all seen how the actions of police officers and others who use excessive force are captured on cell phones and lead to action against the perpetrators.”“We must guard against a mind-set that ‘if it is not digital it did not happen.'" -- Christof Heyns<br /><font size="1"></font></p>
<p>Billions of people around the world now carry a powerful weapon to capture such events in their pockets, he said.</p>
<p>“The fact that this is well-known can be a significant deterrent to abuses,” Heyns said, in a report to the 29th session of the 47-member Human Rights Council, which began its three-week session in Geneva June 15.</p>
<p>Heyns said the hardware and software that produce and transmit information in the digital space can play an increasing role in the protection of all human rights, including the right to life, by reinforcing the role of ‘civilian witnesses’ in documenting rights violations.</p>
<p>In his report, Heyns urged the U.N. system and other international human rights bodies to “catch up” with rapidly developing innovations in human rights fact-finding and investigations.</p>
<p>“The digital age presents challenges that can only be met through the smart use of digital tools,” he said.</p>
<p>Javier El-Hage, General Counsel at the New York-based Human Rights Foundation (HRF), told IPS that HRF can corroborate the special rapporteur’s findings that ICTs, like cellphone cameras or even satellite imagery, play a key role in documenting extrajudicial executions.</p>
<p>From democratic societies like Germany or the United States where ‘civilian witnesses’ documenting instances of police brutality and extrajudicial executions create an effective check on law enforcement abuse, to societies under competitive authoritarian regimes like Kazakhstan or Venezuela where witnesses themselves can face extrajudicial execution for filming police brutality, ICTs play a huge role in documenting this egregious type of human rights violation, he said.</p>
<p>“Even in North Korea, the world’s most repressive and tightly closed society, satellite imagery has long helped determine the exact location and population estimates of prison camps, and recently helped uncover a disturbing case of executions by firing squad, where executioners used anti-aircraft machine guns.”</p>
<p>In his report, Heyns told the Human Rights Council the hardware and software that produce and transmit information in the digital space can play an increasing role in the protection of all human rights, including the right to life, by reinforcing the role of ‘civilian witnesses’ in documenting rights violations.</p>
<p>He said various organisations are developing alert applications that journalists, human rights defenders and others can use to send an emergency message (along with GPS co-ordinates) to their friends and colleagues if they feel in immediate danger.</p>
<p>“New information tools can also empower human rights investigations and help to foster accountability where people have lost their lives or were seriously injured,” the Special Rapporteur said.</p>
<p>The use of other video technologies, ranging from CCTV cameras to body-worn “cop cams”, can further contribute to filling information gaps.</p>
<p>Resources such as satellite imagery to verify such videos, or sometime to show evidence of violations themselves, is also an important dimension, he noted.</p>
<p>But despite the many advantages offered by ICTs, Heyns said it would be short-sighted not to see the risks as well.</p>
<p>“Those with the power to violate human rights can easily use peoples’ emails and other communications to target them and also to violate their privacy,&#8221; he said.</p>
<p>The fact that people can use social media to organise spontaneous protests can lead authorities to perceive a threat – and to over-react.</p>
<p>Moreover, there is a danger that what is not captured on video is not taken seriously. “We must guard against a mind-set that ‘if it is not digital it did not happen,’” he stressed.</p>
<p>El-Hage told IPS his Foundation also agrees with the special rapporteur that ICTs are a double-edged sword because through them governments can &#8220;easily access the emails and other communications&#8221; of law-abiding citizens, especially political opponents, journalists and human rights defenders, &#8220;to target them and violate their privacy.&#8221;</p>
<p>HRF has recently denounced the cases of targeted surveillance and persecution against pro-democracy activists Hisham Almiraat in Morocco and Waleed Abu AlKhair in Saudi Arabia, and was among the organisations that submitted a white paper to the U.N. Special Rapporteur on Freedom of Expression to inform his own report on the way ‘encryption’ and ‘anonymity’ can protect both the rights to privacy and free speech.</p>
<p>In his report, Heyns also cautioned that not all communities, and not all parts of the world, are equally connected, and draws special attention to the fact that “the ones that not connected are often in special need of protection.”</p>
<p>“There is still a long way to go for all of us to understand fully how we can use these evolving and exciting but in some ways also scary new tools to their best effect,” Heyn said pointing out that not all parts of the international human rights community are fully aware of the power and pitfalls of digital fact-finding.</p>
<p><em>Edited by Kitty Stapp</em></p>
<p><em>The writer can be contacted at thalifdeen@aol.com</em></p>
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		<title>Critics of World Bank-Funded Projects in the Line of Fire</title>
		<link>https://www.ipsnews.net/2015/06/critics-of-world-bank-funded-projects-in-the-line-of-fire/</link>
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		<pubDate>Mon, 22 Jun 2015 23:16:41 +0000</pubDate>
		<dc:creator>Kanya DAlmeida</dc:creator>
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		<guid isPermaLink="false">http://www.ipsnews.net/?p=141252</guid>
		<description><![CDATA[For an entire month beginning in February 2015, a group of between 40 and 50 residents of the Durgapur Village in the northern Indian state of Uttarakhand would gather at the site of a hydroelectric power project being carried out by the state-owned Tehri Hydro Development Corporation (THDC). All day long the protestors, mostly women [&#8230;]]]></description>
		
			<content:encoded><![CDATA[<p><font color="#999999"><img width="300" height="225" src="https://www.ipsnews.net/Library/2015/06/8145399540_a86046785e_z-300x225.jpg" class="attachment-medium size-medium wp-post-image" alt="" decoding="async" loading="lazy" srcset="https://www.ipsnews.net/Library/2015/06/8145399540_a86046785e_z-300x225.jpg 300w, https://www.ipsnews.net/Library/2015/06/8145399540_a86046785e_z-629x472.jpg 629w, https://www.ipsnews.net/Library/2015/06/8145399540_a86046785e_z-200x149.jpg 200w, https://www.ipsnews.net/Library/2015/06/8145399540_a86046785e_z.jpg 640w" sizes="auto, (max-width: 300px) 100vw, 300px" /><p class="wp-caption-text">The World Bank has increased financial support for the cotton sector in Uzbekistan, despite evidence that the industry is rooted in a system of forced labour. Credit: David Stanley/CC-BY-2.0</p></font></p><p>By Kanya D'Almeida<br />UNITED NATIONS, Jun 22 2015 (IPS) </p><p>For an entire month beginning in February 2015, a group of between 40 and 50 residents of the Durgapur Village in the northern Indian state of Uttarakhand would gather at the site of a hydroelectric power project being carried out by the state-owned Tehri Hydro Development Corporation (THDC).</p>
<p><span id="more-141252"></span>All day long the protestors, mostly women and their children, would sit in defiance of the initiative that they believed was an environmental and social danger to their community, singing folk songs that spoke of their fears and hopes.</p>
<p>“I had expected a very constructive conversation with the World Bank. Instead all I am hearing are non-responses." -- Jessica Evans, senior advocate on international financial institutions at Human Rights Watch<br /><font size="1"></font>Their actions were well within the bounds of the law, but the reactions of THDC employees to their peaceful demonstration were troubling in the extreme.</p>
<p>According to one of the women involved, THDC contractors and labourers routinely harassed them by hurling abusive slurs – going so far as to call the women ‘prostitutes’ and make derogatory comments about their caste – and attempted to intimidate them by threatening “severe” consequences if they didn’t call off their picket.</p>
<p>In a country where activists and communities demanding their rights are routinely subjected to identical or worse treatment at the hands of both state and private actors, this tale may not seem at all out of the ordinary.</p>
<p>What sets it apart, however, is that this hydroelectric project was not simply a government-led scheme; it is financed by a 648-million-dollar loan from the World Bank.</p>
<p>Governed by a set of “do no harm” policies, both the Bank and its private sector lending arm, the International Finance Corporation (IFC) have – on paper at least – pledged to consult with and protect local communities impacted by its funding.</p>
<p>But according to a new report by Human Rights Watch, the Bank has not only systematically turned a blind eye to reports of human rights abuses associated with its projects, it also lacks necessary safeguards required to avoid further violations in the future.</p>
<p><strong>When silence and negligence equals complicity</strong></p>
<p>Based on research carried out over a two-year period between May 2013 and May 2015, in Cambodia, India, Uganda and Kyrgyzstan – the latter following allegations of rights abuses in Uzbekistan – the report entitled ‘<a href="http://hrw.org/node/135798">At Your Own Risk: Reprisals Against Critics of World Bank Group Projects’</a> found that Bank officials consistently fail to respond in any meaningful way to allegations of severe reprisals against those who speak out against Bank-funded projects.</p>
<p>In some cases, the World Bank Group has even turned its back on local community members working with its own officials.</p>
<p>Addressing the press on a conference call on Jun. 22, the report’s author, Jessica Evans, highlighted an incident in which an interpreter for the Bank’s Inspection Panel was flung into prison just weeks after the oversight body concluded its review process.</p>
<p>Withholding all identifying details of the case for the security of the victim, Evans stated that, besides questioning government officials “behind closed doors”, the Bank has so far remained completely silent on the fate of an independent activist working to strengthen the Bank’s own process.</p>
<p>Such actions, or lack thereof, “make a mockery out of [the Bank’s] own stated commitments to participation and accountability,” the report concluded.</p>
<p>HRW has identified dozens of cases in which activists claim to have been targeted – harassed, abused, threatened or intimidated – for voicing their objections to aspects of Bank or IFC-funded initiatives for a range of social, environmental or economic reasons.</p>
<p>Because the bulk of communities in close proximity to major development schemes tend to be among the <a href="https://www.ipsnews.net/2015/04/investigation-tears-veil-off-world-banks-promise-to-eradicate-poverty/">poorest or most vulnerable</a>, and therefore lack the access or ability to formally lodge their complaints, the true number of people who have experienced such reprisals is “sure” to be much higher than the figures stated in the report, researchers revealed.</p>
<p>Evans told IPS, “On this issue of reprisals the World Bank’s silence and inaction has already crossed the line” into the realm of compliance.</p>
<p>She added that the Inspection Panel raised the issue of retaliation back in 2009, giving the Bank ample time to take necessary steps to address a chronic and pervasive problem.</p>
<p>Instead, it continues to engage with governments that have a poor human rights track record, while remaining apparently deaf to pressures and demands from civil society to strengthen mechanisms that will protect powerless and marginalized communities from violent backlash.</p>
<p>Take the case of Elena Urlaeva, who heads the Tashkent-based Human Rights Alliance of Uzbekistan, and who was arrested in a cotton field on May 31, 2015, while documenting evidence of the Uzbek government’s massive system of forced labour in cotton production.</p>
<p>According to HRW, Urlaeva was <a href="http://www.hrw.org/news/2015/06/04/uzbekistan-brutal-police-attack-activist">detained, abused and sexually violated</a> during an extremely violent cavity probe. On the grounds that they were searching for a data card from her camera, male doctors and policemen conducted such a rough and invasive search that the ordeal left her bleeding.</p>
<p>She was forbidden from using the bathroom and eventually forced to go outside the station in the presence of male officers who called her a “bitch”, filmed her in the act of relieving herself and threatened to post the video online if she complained about her treatment.</p>
<p>Evans told IPS all of this occurred against a backdrop of the World Bank’s increased financial support of the cotton sector – already it has pledged over 450 million dollars to three major agricultural projects of the Uzbek government – despite evidence that the industry is rooted in a system of forced labour.</p>
<p>In the absence of any robust mechanism within the World Bank to make continued funding conditional on compliance with international human rights standards, there is a “real risk” that independent monitors and rights activists will continue to face situations as horrific as the one Urlaeva recently endured, Evans stressed.</p>
<p><strong>A ‘disappointing’ reaction</strong></p>
<p>Both the World Bank and the United Nations have tossed the issue of development-related rights abuses from one forum to another.</p>
<p>In his <a href="http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session29/Pages/ListReports.aspx">May 2015 report</a> to the U.N. Human Rights Council (HRC), Special Rapporteur on extreme poverty and human rights Philip Alston stressed the urgency of “putting questions of resources and redistribution back into the human rights equation.”</p>
<p>He decried several member states’ attempts to keep international economics, finance and trade “quarantined” from the human rights framework, and blasted international financial institutions (IFIs) for contributing to this culture of impunity.</p>
<p>“The World Bank can simply refuse to engage with human rights in the context of its policies and programmes, IMF does the same, and the World Trade Organisation is little different,” Alston remarked, adding that these bodies throw the issue at the HRC, while the latter simply knocks the ball back into the financiers’ court.</p>
<p>It is becoming akin to a game of political ping-pong, with the ball representing the human rights of some of the most impoverished people in the world – at whom multi-million-dollar development projects are ostensibly targeted.</p>
<p>Gretchen Gordon, coordinator of <a href="http://bankonhumanrights.org/news/">Bank on Human Rights</a>, a global coalition of social movements and grassroots organisations working to hold IFIs accountable to human rights obligations, told IPS, “You can&#8217;t have successful development without robust civil society participation in setting development priorities, designing projects, and monitoring implementation.”</p>
<p>If development banks and their member states neglect to take leadership and implement the necessary protocols and policies, she said, “they will continue to see increasing development failures, human rights abuses, and conflict.”</p>
<p>If the World Bank Group’s initial reaction to HRW’s comprehensive research is anything to go by, however, Bank on Human Rights and other watchdogs of its ilk have their work cut out for them.</p>
<p>Though HRW’s researchers invited the Bank and the IFC’s input with an in-depth list of questions back in April, they have received nothing but a rather “bland response” that failed to address the issue of reprisals at all and simply stated that the Bank “is not a human rights tribunal.”</p>
<p>“I had expected a very constructive conversation with the World Bank,” Evans said. “Instead all I am hearing are non-responses. We have proposed really pragmatic recommendations for how the Bank can work effectively in challenging environments, but we are a long way from that at the moment.”</p>
<p>Both the Bank’s Inspection Panel and the IFC’s Compliance Advisor Ombudsman (CAO) have greeted the report with enthusiasm, but they are independent bodies and remain largely powerless to effect change at the management level of the World Bank Group.</p>
<p>This power lies with the Bank’s president, Jim Yong Kim, who will have to “take the lead and send a clear message to his staff that the question of reprisals is a priority issue,” Evans concluded.</p>
<p><em>Edited by Kitty Stapp</em></p>
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<li><a href="http://www.ipsnews.net/2014/07/world-bank-board-declines-to-revise-controversial-draft-policies/" >World Bank Board Declines to Revise Controversial Draft Policies </a></li>
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		<title>Opinion: Paying Real Tribute to All Victims of War and Conflict</title>
		<link>https://www.ipsnews.net/2015/04/opinion-paying-real-tribute-to-all-victims-of-war-and-conflict/</link>
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		<pubDate>Sat, 18 Apr 2015 07:39:23 +0000</pubDate>
		<dc:creator>Christian Guillermet  and Puyana David</dc:creator>
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		<description><![CDATA[In this column, Christian Guillermet Fernández* and David Fernández Puyana* describe the background to negotiations on a United Nations declaration on the right to peace.]]></description>
		
			<content:encoded><![CDATA[<p><font color="#999999"><p class="wp-caption-text">In this column, Christian Guillermet Fernández* and David Fernández Puyana* describe the background to negotiations on a United Nations declaration on the right to peace.</p></font></p><p>By Christian Guillermet Fernández  and David Fernández Puyana<br />GENEVA, Apr 18 2015 (IPS) </p><p>The international community will have a great opportunity to jointly advance on the world peace agenda when a United Nations working group established to negotiate a draft U.N. resolution on the right to peace <a href="http://www.ohchr.org/EN/HRBodies/HRC/RightPeace/Pages/thirdsession.aspx">meets</a> from Apr. 20 to 24 in Geneva.<span id="more-140173"></span></p>
<p>In July 2012, the Human Rights Council (HRC) of the United Nations adopted resolution 20/15 on the “promotion of the right to peace” and established the open-ended working group to progressively negotiate a draft United Nations declaration on the right to peace.“Present generations should ensure that both they and future generations learn to live together in peace and brotherhood with the highest aspiration of sparing future generations the scourge of war and ensuring the maintenance and perpetuation of humankind”<br /><font size="1"></font></p>
<p>High on the agenda of the working group has been giving a voice to victims of war and conflict.</p>
<p>Chaired by Ambassador Christian Guillermet, Deputy Permanent Representative of Costa Rica to the United Nations in Geneva, the working group has been conducting informal consultations with governments, regional groups and relevant stakeholders to prepare a revised text on the right to peace.</p>
<p>This text has been prepared on the basis of the following principles:</p>
<ul>
<li>the principles of the Charter of the United Nations, such as the peaceful settlement of disputes, international cooperation and the self-determination of peoples.</li>
<li>elimination of the threat of war.</li>
<li>the three pillars of the United Nations – peace and security, human rights and development.</li>
<li>eradication of poverty and promotion of sustained economic growth, sustainable development and global prosperity for all.</li>
<li>the wide diffusion and promotion of education on peace.</li>
<li>strengthening of the <a href="http://www.un-documents.net/a53r243a.htm">Declaration</a> and <a href="http://www.un-documents.net/a53r243b.htm">Programme of Action</a> on a Culture of Peace.</li>
</ul>
<div id="attachment_140172" style="width: 310px" class="wp-caption alignleft"><a href="https://www.ipsnews.net/Library/2015/04/David-Fernández-Puyana.jpg"><img loading="lazy" decoding="async" aria-describedby="caption-attachment-140172" class="size-medium wp-image-140172" src="https://www.ipsnews.net/Library/2015/04/David-Fernández-Puyana-300x277.jpg" alt="Christian Guillermet Fernández, Deputy Permanent Representative of Costa Rica to the United Nations in Geneva and Chairperson/Rapporteur of the Working Group on the Right to Peace" width="300" height="277" srcset="https://www.ipsnews.net/Library/2015/04/David-Fernández-Puyana-300x277.jpg 300w, https://www.ipsnews.net/Library/2015/04/David-Fernández-Puyana.jpg 303w" sizes="auto, (max-width: 300px) 100vw, 300px" /></a><p id="caption-attachment-140172" class="wp-caption-text">Christian Guillermet Fernández, Deputy Permanent Representative of Costa Rica to the United Nations in Geneva and Chairperson/Rapporteur of the Working Group on the Right to Peace</p></div>
<p>The draft Declaration on the right to peace solemnly invites all stakeholders to guide themselves in their activities by recognising the supreme importance of practising tolerance, dialogue, cooperation and solidarity among all human beings, peoples and nations of the world as a means to promote peace through the realisation of all human rights and fundamental freedoms, in particular the right to life and dignity.</p>
<p>To that end, it recognises that present generations should ensure that both they and future generations learn to live together in peace and brotherhood with the highest aspiration of sparing future generations the scourge of war and ensuring the maintenance and perpetuation of humankind.</p>
<p>The main actors on which the responsibility rests to make reality this highest and noble aspiration of humankind are human beings, states, United Nations specialised agencies, international organisations and civil society. They are the main competent actors to promote peace, dialogue and brotherhood in the world.</p>
<p>It follows that everyone should be entitled to enjoy peace and security, human rights and development. In this case, entitlement is used to refer to the guarantee of access of every human being to the benefits derived from the three U.N. pillars – peace and security, human rights and development.</p>
<p>This draft Declaration could not have been achieved<a name="_ftnref3"></a> without the extensive cooperation and valuable advice received in recent years from academia and civil society. In fact, this process has involved consultations with prestigious professors of international law from over ten universities and research centres.</p>
<p>In particular, the Chairperson-Rapporteur has written <a href="https://www.zotero.org/groups/peace/items/collectionKey/U8QKHATD/order/creator/sort/desc">papers</a> – some of which will be published in the near future – in cooperation with other experts in prestigious journals of international relations and law on the different aspects on peace<a name="_ftnref4"></a>. He has also contributed to the <a href="http://libraryresources.unog.ch/peace">Research Guide on Peace</a> recently prepared by the Library of the United Nations in Geneva.</p>
<p>Since the beginning of the negotiation process, the working group has based its approach on the TICO approach – transparency (T), inclusiveness (I), consensual decision-making (C) and objectivity (O) – and a little realism.</p>
<p>Consensus is a process of non-violent conflict resolution in which everyone works together to make the best possible decision for the group. Consensus is the tendency not only in international relations, but the United Nations.</p>
<p>For important issues affecting the life of millions of people, the United Nations, including its multiple entities and bodies, works on the basis of multilateralism with the purpose of reaching important consensual decisions.</p>
<p>The working group on the right to peace will meet as the United Nations is commemorating its 70<sup>th</sup> anniversary and the most important message that should be given is the adoption by consensus of a declaration which, among others, pays real tribute to all victims of war and conflict. (END/IPS COLUMNIST SERVICE)</p>
<p><em>Edited by </em><a href="http://www.ips.org/institutional/our-global-structure/biographies/phil-harris/"><em>Phil Harris</em></a><em>    </em></p>
<p><em>The views expressed in this article are those of the author and do not necessarily represent the views of, and should not be attributed to, IPS &#8211; Inter Press Service. </em></p>
<p><a name="_ftn1"></a>* Christian Guillermet Fernández is Deputy Permanent Representative of Costa Rica to the United Nations in Geneva and Chairperson/Rapporteur of the Working Group on the Right to Peace.<br />
<a name="_ftn2"></a>* David Fernández Puyana is Legal Assistant of the Chairperson/Rapporteur, Permanent Mission of Costa Rica in Geneva.</p>
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</ul></div>		<p>Excerpt: </p>In this column, Christian Guillermet Fernández* and David Fernández Puyana* describe the background to negotiations on a United Nations declaration on the right to peace.]]></content:encoded>
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		<title>Effective War Crimes Inquiry Could Heal Sri Lanka’s Old Wounds</title>
		<link>https://www.ipsnews.net/2015/04/effective-war-crimes-inquiry-could-heal-sri-lankas-old-wounds/</link>
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		<pubDate>Sat, 04 Apr 2015 15:06:37 +0000</pubDate>
		<dc:creator>Amantha Perera</dc:creator>
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		<description><![CDATA[Jessi Joygeswaran seems like your typical 23-year-old young woman. She has an infectious smile and laughs a lot when she talks. Like many other young women anywhere in the world, her life is full of dreams. “I want to go to university, I want to do a good job,” she tells IPS. She seems sure [&#8230;]]]></description>
		
			<content:encoded><![CDATA[<p><font color="#999999"><img width="300" height="199" src="https://www.ipsnews.net/Library/2015/04/Feb112-300x199.jpg" class="attachment-medium size-medium wp-post-image" alt="" decoding="async" loading="lazy" srcset="https://www.ipsnews.net/Library/2015/04/Feb112-300x199.jpg 300w, https://www.ipsnews.net/Library/2015/04/Feb112-629x418.jpg 629w, https://www.ipsnews.net/Library/2015/04/Feb112.jpg 640w" sizes="auto, (max-width: 300px) 100vw, 300px" /><p class="wp-caption-text">Dawn breaks over a war memorial honouring government forces at Elephant Pass, in northern Sri Lanka. Many feel that the country has a long way to go before the wounds of conflict are healed. Credit: Amantha Perera/IPS</p></font></p><p>By Amantha Perera<br />COLOMBO, Apr 4 2015 (IPS) </p><p>Jessi Joygeswaran seems like your typical 23-year-old young woman. She has an infectious smile and laughs a lot when she talks. Like many other young women anywhere in the world, her life is full of dreams.</p>
<p><span id="more-140024"></span>“I want to go to university, I want to do a good job,” she tells IPS. She seems sure that she can make her dreams come true.</p>
<p>“Before we can move [forward], we need to accept our shared, horrible past.” -- Jessi Joygeswaran, a resident of Sri Lanka's former war zone. <br /><font size="1"></font>In fact, Joygeswaran’s life has been anything but ordinary. She grew up in a war zone, and now spends her days thinking as much about such issues as war crimes probes and national reconciliation as she does about her own future.</p>
<p>Hailing from the minority Tamil community, the young woman was born and bred in the Vanni, the vast swath of land in Sri Lanka’s Northern Province that bore the brunt of the island’s 26-year-long civil war that only ended in mid-2009.</p>
<p>In 2006 Joygeswaran, just 14 at the time, had to flee from her ancestral home in the village of Andankulam, in the northwestern Mannar District, when fighting erupted between government forces and the Liberation Tigers of Tamil Eealm (LTTE), a rebel group attempting to carve out a separate state in the Tamil-speaking north and eastern provinces of Sri Lanka.</p>
<p>“We were running from bullets and shell-fire for three years,” she recalls. It was April 2009 when she and her family finally escaped the horror. “Death was a possibility every second,” she says, the smile vanishing from her face.</p>
<p>Even after the war ended, the Vanni’s troubles did not. A quarter of a million people who escaped the war were restricted to relief camps that looked and felt more like detention centres, where they remained until late 2010.</p>
<p>Over 400,000 people who had fled the region during various stages of the conflict returned to scenes of devastation, forced to rebuild their lives from scratch while coming to terms with the death or disappearance of thousands of their kin. Homelessness, trauma and fear were the order of the day.</p>
<p><strong>A new government – a new era?</strong></p>
<p>All of that changed this past January when Sri Lanka voted in a new president, Maithripala Sirisena, ousting the incumbent Mahinda Rajapaksa, whose defeat of the LTTE enabled him to exercise an iron grip over the country.</p>
<p>On Jan. 8, for the first time in her life, Joygeswaran voted alongside her countrymen. Despite all past discrimination against her minority community, she is completely invested in the new national government.</p>
<p>“We voted for justice and peace for all,” she asserts. It is a humble aspiration, but one shared by a majority of people in this island nation of 20 million, where generations of bloodshed resulting in a death toll of between 80,000 and 100,000 had many doubting that the country would ever return to a state of normalcy.</p>
<p>The first 60 days of the new government have been a mixed bag, especially for northern Tamils. Travel restrictions and a suffocating military presence – with members of the armed forces overseeing virtually every aspect of daily life – have eased; but there is still limited progress on more delicate issues, like a comprehensive inquiry into wartime abuses.</p>
<p>The last days of the war could have resulted in a civilian death toll of about 40,000, according to an advisory panel set up by the United Nations Secretary-General – a figure hotly disputed by the previous government.</p>
<p>A new book by the respected research body, University Teachers for Human Rights (Jaffna), titled ‘Palmyra Fallen’, says the figure could be as high 100,000.</p>
<p>Both government forces and the LTTE have been accused of human rights violations during the last bouts of fighting.</p>
<p>Three resolutions put forth at the Geneva-based U.N. Human Rights Council (HRC) have sought an international investigation into the end of the war. The Rajapaksa government, determined not to allow “foreign interference” in what it called a purely domestic issue, set up its own Lessons Learnt and Reconciliation Commission (LLRC) but its recommendations have largely been left on paper.</p>
<p>There is an ongoing commission on disappearances, and the International Committee of the Red Cross (ICRC) has begun an island-wide survey on families of the missing.</p>
<p>But not one of these measures has led to a single prosecution or judicial complaint against the perpetrators.</p>
<p><strong>Balancing local efforts with international standards</strong></p>
<p>Sirisena’s government has promised a fresh probe, with international inputs. The new foreign minister, Mangala Samaraweera, has been traveling the globe since assuming office, trying to convince the international community to allow Sri Lanka some breathing room in which to push through an indigenous, credible reconciliation process.</p>
<p>So far his charms seem to be working. The United States, United Kingdom and other western nations agreed to postpone the release of a U.N. Human Rights Council investigation report into wartime human rights abuses. It was due in March and now will be unveiled in September.</p>
<p>The government announced on Mar. 18 that it was considering lifting proscriptions issued on Tamil diaspora groups, in a move that many feel is aimed at garnering the support of moderate Tamils around the world. While no official figures exist, Sri Lanka’s Tamil diaspora is believed to number close to 700,000.</p>
<p>“The government of President Sirisena is seriously committed to expediting the reconciliation process. In doing so, the Sri Lankan diaspora whether it be Sinhala, Tamil or Muslim, has am extremely important role to play,” Samaraweera told Parliament on Mar. 18.</p>
<p>Despite this nod to the diaspora, government officials have made clear that the mechanism for investigating possible war crimes committed by both sides must be a robust, national initiative, without foreign interference.</p>
<p>“Any charges […] against our security forces have to be investigated, [but] it has to be handled by the local mechanism, that is what we have always stated,” Power and Energy Minister Patali Champika Ranawaka told the Foreign Correspondents Association in February.</p>
<p>But it will take some muscle to convince the international community that Sri Lanka is capable of initiating a successful probe with the power to go from theory to practice.</p>
<p>“This is why Amnesty International (AI) and other organisations have urged the Sri Lankan authorities to cooperate with the U.N. and take advantage of international expertise in the development of a credible, effective and truly independent mechanism – one that will not be vulnerable to the kinds of threats and political pressures that have obstructed previous efforts,” David Griffiths, AI’s deputy Asia Pacific director tells IPS.</p>
<p>AI and several other international organisations also favour the setting up of a special tribunal to try any human rights violators.</p>
<p>Among other unresolved issues are <a href="http://www.priu.gov.lk/news_update/Current_Affairs/ca201112/FINAL%20LLRC%20REPORT.pdf">allegations</a> that the armed forces conducted summary executions of surrendered LTTE cadres, as well as possible incidents of sexual abuse of persons in captivity. The LTTE has been accused of using civilians as human shields, as well as for conscripting children into its ranks, among other things.</p>
<p>“It is important for everyone concerned and for Sri Lanka&#8217;s future that all allegations of crimes under international law are fully investigated and, where sufficient admissible evidence exists, those suspected of the crimes are prosecuted in genuine proceedings before independent and impartial courts that comply with international standards for fair trial.  Victims must be provided with full and effective reparation to address the harm they have suffered,” Griffiths says.</p>
<p>Already some positive changes have occurred under the new government. Ruki Fernando, a researcher with the Colombo-based rights group INFORM, tells IPS that the appointment of a civilian governor to Jaffna, replacing a former military officer, as well as the government’s releasing of lands acquired by the military, bode well for the future.</p>
<p>“I am cautiously optimistic, but it is a long road ahead,” he says.</p>
<p>In Joygeswaran&#8217;s words: “Before we can move [forward], we need to accept our shared, horrible past.”</p>
<p><em>Edited by <a href="http://www.ips.org/institutional/our-global-structure/biographies/kanya-dalmeida/">Kanya D’Almeida</a></em></p>
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