News Clips- November 28, 2011

Today, elections will be held in the Democratic Republic of Congo and in Egypt. In both countries, rights groups have warned of restrictions on freedom of assembly and expression, as well as violence. [HRW; Washington Post; MONUSCO]

This week, States will convene for the Durban Climate Change Conference, with the UN urging countries to finally come to an agreement on greenhouse gas emissions. [Washington Post; RNW]

In the wake of an additional 35 civilian deaths, Human Rights Watch has called on Yemen to stop attacks on civilians and comply with the United Nations Security Council resolution 2014 of October 20 and urged the Security Council to impose restrictions on President Saleh. [HRW]

South Africa’s new state secrets law – which allows for the classification as secret of any government document and criminalizes obtaining, leaking or communicating such information – has been criticized as contrary to the public interest and likely to threaten freedom of expression and accountability. [CNN]

Negotiations on a proposed new cluster munitions protocol to the Convention on Certain Conventional Weapons have fallen apart, following rejection by 50 countries who feared it did not adequately address humanitarian concerns and was weaker than existing international norms, including the Convention on Cluster Munitions. The ICRC had vigorously spoken out against the draft protocol, which was promoted by the United States, China, India, Israel and Russia. [Reuters; NYT; HRW]

Last week, Thailand’s lese majeste law was used to impose a twenty-year prison sentence on a man convicted of sending text messages offensive to Thailand’s queen. [Washington Post]

The former Libyan prime minister has lost a final appeal against extradition from Tunisia to Libya to face corruption and other charges in his home country. [Washington Post] The Tunisian president-elect Moncef Marzouki, and former head of a human rights organization, will make the final decision regarding Al-Baghdadi Al-Mahmoudi’s extradition, which rights advocates say could put Al-Mahmoudi at risk of torture or an unfair trial. Also in Libya, the ICC prosecutor visited the alleged site of a massacre by Gadhafi loyalists as part of his process of determining whether to open an investigation. [Salon]

Belarus has imprisoned human rights activist Alex Bialiatski, vice president of the International Federation for Human Rights (FIDH) and president of Belarus organization Viasana, following his conviction on tax evasion charges and sentencing to 4.5 years’ imprisonment. His conviction sparked protests in Belarus and Russia, and prompted Lithuania to sever diplomatic communication with Belarus. The Polish government called for Bialiatski’s release, as did a number of human rights organizations. [Jurist] The UN experts have recently warned Belarus against enforcing newly-adopted legislation that “could severely curtail basic rights such as those of freedom of assembly, association and expression”. [UN News Centre]

In Iran, Kurdish human rights activist and blogger Rojin Mohamadi was arrested on charges of incitement against the regime. [HRANA]

Russia’s accession to WTO, which could occur next month, has initiated discussion in the U.S. legislature over proposed legislation that would deny Russian officials suspected of human rights abuses from entering the United States and freeze their U.S. held assets. [Washington Times]

Malaysia has announced it will lessen the restrictions on public protest and assembly contained in the proposed Peaceful Assembly Bill which, in its current form, bans street protests and requires 30-day notice to police before holding a peaceful gathering. [Reuters] Proposed modifications would reduce this time period to 10 days, and require a decision from police within 24 hours.

As the Arab League approved economic and travel sanctions against Syria, some Arab League member States expressed unwillingness to enforce the measures, aimed at pressuring the Syrian government to put an end to eight months of violent internal crackdown on dissenters [Washington Post; Huffington Post] The UN General Assembly’s Third Committee voted last week to condemn the rights violations committed by President Assad’s government and to call for their immediate cessation. [UN]

Observers see trial as a test of media freedom in Turkey, as Turkish journalists stand trial for an alleged plot to overthrow the government. [CNN]

Kenya’s justice minister announced the government is drafting a law to govern and protect the potential compensation of victims of the 2008 post-election violence, should the Kenyans currently pending trial before the International Criminal Court be convicted. According to the Nairobi Star, “[r]ecently, the ICC formally wrote to the Kenya government requesting it to stop suspects from transferring their assets to third parties until the cases at the Hague are concluded.” [allAfrica] For background on the Kenya proceedings at the ICC, see OSJI’s Kenya Monitor site, the ICC situation page, or the document authorizing an ICC investigation.

In India, the Asian Centre for Human Rights reports that over 14,000 have died in Indian prisons over the past decade. [TheNational]

The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (a Council of Europe body established under the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment) has released its report on its visit to the Ukraine in 2009, and has also made available the Ukrainian government’s response. Although the reports notes some improvements – such as increased compliance with the 72-hour limit between arrest and a first court appearance and better conditions of confinement – it also documents continued mistreatment and insufficient enforcement of legal standards. For example, the report identifies a practice of holding individuals for several hours or even days before the official detention period begins and the 72-hour limit is triggered. The report also records “a substantial number of allegations of recent physical ill-treatment” of those in detention, and insufficient procedural safeguards against ill-treatment.

Through an interview series, OMCT (World Organisation Against Torture) warns Sub-Saharan Africa and North African human rights defenders face more risk than ever, due to physical attacks, assassinations and restrictions on freedom of association, as documented in its 2011 Annual Report of the Observatory for the Protection of Human Rights Defenders.

The Bahrain Independent Commission of Inquiry‘s report details violations of international human rights norms beginning in February and March 2011, and recommends reforms. The Commission, established in June, is composed of international experts and headed by M. Cherif Bassiouni. Following the report’s release, the Bahrain monarch King Hamad Bin Isa Al Khalifa ordered the establishment of a special commission to study its recommendations and make suggestions by the end of February 2012. [Washington Post]

Update on implementation of the Elimination of Violence against Women law in Afghanistan reports that enforcement is lacking in most cases. [Kabul Press]

The International Committee of the Red Cross has updated its database on customary international humanitarian law (Customary IHL Database) with regard to 27 countries’ practices on topics such as distinguishing between combatants and civilians, use of certain weapons, protecting the internally displaced, detention during armed conflict, use of child soldiers, and war crimes. [ICRC] This update, like the previous and planned updates, covers states’ practices, and complements the portion of the database which identifies established rules of customary international humanitarian law. States’ practices are identified through their own policy statements and guidance (such as military manuals), reports to other bodies (such as the UN General Assembly), and declarations or reservations to relevant international instruments.

Brazilian laws enacted earlier this month provide for the creation of a Truth Commission and access to public information; detailed analysis here.

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