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Building momentum to improve the lives of people affected by conflict
by Peter Maurer
President of the International Committee of the Red Cross (ICRC)
 
ICRC president Peter Maurer address to the United Nations Human Rights Council in Geneva.
 
The International Committee of the Red Cross (ICRC) works in the midst of conflict and violence in more than 80 States around the world. Most of the countries you will discuss during this session are countries where we witness – day after day – the effects of war on people.
 
We see human rights law and international humanitarian law blatantly violated. We see a manifest lack of respect for humanity and human dignity. Swift political solutions or sustainable ceasefires seem improbable - if not impossible - in most of these places.
 
Today, I would like to start a new dialogue aimed at improving the lives and well-being of people affected by conflict. I am convinced that together we can build momentum based on the shared values enshrined in international humanitarian law (IHL) and human rights law (IHRL) and make better use of our different, but complementary, mandates.
 
The evolution of conflicts and the vulnerability they entail
 
The reality of conflict today is a catalogue of inhumanity. Hardly a day goes by without evidence of intimidation, brutalization, torture or killing amounting to serious violations of international humanitarian law. The sexual violence against women, men and children, which is deliberately and incessantly used as a tactic of warfare in order to humiliate and dehumanize individuals, has severe repercussions on survivors'' families and communities. Indeed, today''s outlook is rather sobering.
 
The way armed conflicts are evolving – more in number, longer in duration and broader in regional impact – is generating more suffering, and increasing vulnerabilities. Violence and destruction are steadily swelling the flows of refugees and internally displaced persons. The cycle of violence, poverty and lack of development is amplified when basic infrastructure is destroyed or absent. Public services are seriously compromised in war. As a result, millions of people have no access to safe drinking water, generations of children grow up with little or no education, basic health services are unavailable and housing is at best inadequate.
 
This fragility is not conducive to rebuilding communities and services. Economic fragility and unsettled social or political claims seriously weaken States'' capacity to ensure security and prosperity. The result is often rampant crime and other forms of organized armed violence, to which law enforcement officials may react either with passivity or the use of excessive force.
 
Armed conflicts show no signs of abating. Fragmentation of power and of armed groups operating with unclear command structures are increasing the asymmetrical nature of conflicts. Battlefields continue to expand into cities, combining the illegal use of weapons and the use of illegal weapons, taking a heavy toll on all segments of the population. We are already witnessing the devastating human cost of such weapons and illegal methods of warfare. There are numerous accounts of incidental and indiscriminate deaths and injuries, as well as severe damage to critical civilian infrastructure essential for the functioning of hospitals and the survival of the population.
 
It is no surprise that during the Security Council''s recent debate on the protection of civilians in armed conflict, in January this year, we were not able to report any significant progress in the way armed conflicts are being waged, or any significant alleviation of their impact on people throughout the world.
 
The reality on the ground does not match the normative progress reflected in the adoption of various conventions on international humanitarian law and international human rights law over the last 60 years. But I refuse to join those who believe that the law is inadequate or useless.
 
The political engagement and the social consensus that have proven so effective in the development of the law must be enlarged to ensure respect for the law and its implementation. I believe that the Council and its members could play an important role in helping to bridge the gap between what the law says and what is happening in reality.
 
While recognizing the importance of States becoming parties to international treaties and implementing their provisions at domestic level, both States and international organizations cannot be content only with respect for these obligations. It is also necessary to build the momentum required for the genuine protection of, and assistance to, vulnerable people affected by conflicts.
 
One way to create that momentum is to go back to the basics. We must develop a common understanding on humanity and be able to use such understanding in a contemporary, objective and consensual way. This would in turn give impetus to the effective implementation of the very laws which are based on humanity, namely international humanitarian law and international human rights law.
 
What does "humanity" mean?
 
The ICRC has long-standing, extensive experience of working in situations of armed conflict. Being close to victims, engaging with armed actors and responding to new contexts always confronts us with the tension between the principle of humanity and the evolving stark realities of conflict. It is through a renewed dialogue about humanity in real-life situations of violence that we try to find pragmatic ways to improve the lives and well-being of people. Over the decades we have thus compiled elements of a concrete meaning of humanity applicable in all circumstances:
 
1. From the victims'' viewpoint, humanity means protection against violence to life and health, and inherently excludes any form of mutilation, sexual violence, hostage taking, torture, summary execution, as well as cruel, inhumane and degrading treatment. This list, while not exhaustive, lies at the heart of international humanitarian law and points to some fundamental human rights to which there can be no derogation.
 
2. In practical terms, it means access to health care for all the wounded and sick, without any sort of distinction. This access is in jeopardy today. The ICRC is extremely concerned about the deliberate targeting of health-care facilities and workers.
 
Unfortunately, the consequence of such attacks is that all too often civilians living in combat zones are deprived of medical assistance. The ICRC is also concerned about restrictions placed on the treatment of the wounded and sick in the field and about overemphasis of the risk that rehabilitated combatants might engage in fighting again. Failure to respect the neutral character of health care is tantamount to discrimination, a violation of international humanitarian law and a breach of medical ethics. Humanity requires that no one be excluded, not even the enemy.
 
3. Humanity also imposes limits on the excessive use of violence. In international humanitarian law, the principles of precaution, proportionality and distinction preclude the use of any weapons that make it impossible to distinguish between civilians and combatants and of weapons whose effects are considered abhorrent or contrary to the public conscience. Chemical and biological weapons, as well as anti-personnel mines, fall into these categories.
 
4. Humanity means treatment respecting human dignity in all circumstances, especially that of captured enemies and detainees in general.
 
Individuals have the right to be protected against abuse, persecution and arbitrariness. The right to be treated humanely is common to both IHL and IHRL. It is our common duty to make use of that convergence and ensure that no one is left without protection.
 
How to move successfully from principle to action?
 
Part of the challenge facing a new dialogue on humanity lies in ensuring that States recognize their responsibility for its implementation in law and in practice. Making a real difference to people''s lives and well-being in many of the conflict situations we see today will not be an easy task. Humanity is being openly challenged by a mediatized display of the inhumane treatment of prisoners and hostages. This is not a new phenomenon, but part of a scheme of warfare which we have been witnessing for decades. We must respond decisively to the culture of unlimited violence, but without stigmatization.
 
Turning humanity into real action calls for genuine political commitment. We need to go beyond modifying the law and spread knowledge of the rules. We have to foster an environment conducive to respect for the lives and dignity of people affected by armed conflict and other situations of violence. We need to integrate the relevant norms into operational frameworks.
 
The ICRC believes that this can be achieved only through a continued process of dialogue with all weapon bearers – be they armies, security forces, or non-State armed groups – and with the support and active participation of the people affected. We reach out to beneficiaries, local communities and authorities, as well as to experts in other bodies of law, including Islamic law and in other legal and value systems.
 
I am committed to working with you, for the respect of humanity. To do this, we need a buy-in at local, regional and global levels of stakeholders with political, religious, social or cultural influence. This means working with those who have a direct and an indirect stake in the violence.
 
This dialogue requires a willingness on the part of authorities to deploy the necessary efforts and means to monitor, ensure compliance and put an end to violations when they occur. It is your responsibility to develop national, local and international capacity to examine the causes and consequences of violence with a view to preventing its re-occurrence.
 
It is up to you to put in place accountability mechanisms. As such the work of the mechanisms and procedures intended to defend and promote human rights and gather information on situations of concern – amongst which stands the Human Rights Council – should be recognised.
 
As far as international humanitarian law is concerned, States'' continued participation in the efforts of Switzerland and the ICRC to create an effective compliance mechanism resonate with this commitment.
 
Neutral, impartial and independent humanitarian organizations, such as the ICRC, and our work to protect and assist people cannot relieve you of those responsibilities, but we can contribute to your discussions by facilitating exchanges, focusing on experiences and highlighting best practices.
 
I believe that the above-mentioned elements can provide a solid basis for the greater long-term individual and collective stability which are critical to the realisation of your broader agenda of achieving universal respect for the protection of all human rights and fundamental freedoms, without any kind of distinction.
 
Mitigating efforts and sharing a space of humanity
 
In the midst of violence, respect for humanity means investing in steps to mitigate the impact of armed conflict on people''s lives and to restore some form of normalcy. A thorough assessment of victims'' needs is therefore of key importance.
 
During a recent field mission, I travelled to a number of countries where areas of dialogue, based on the law governing relations between warring parties, are expanding substantially owing to the delivery of aid and assistance. In some cases, the humanitarian action of a neutral, impartial and independent intermediary has helped to open doors or maintain contact and negotiation between parties.
 
The ICRC''s diplomacy of access is based on a continual process of negotiation to obtain the parties'' consent to its presence in conflict-ridden areas, its proximity to the people and communities affected by the fighting and to the carrying out of humanitarian operations.
 
I am convinced that we can continue to build on these shared spaces of humanity and resist the politicization of relief efforts. The process may be tedious, but the result is worth the effort.
 
During my recent field visit to Barzeh in Syria in November 2014, I went to a front-line clinic that the ICRC is repairing. The clinic serves people on all sides and provides a respite and some normalcy to people exhausted after four years of conflict which has taken a huge human toll. The delivery of medical care is rendered possible by a fragile truce respected by all parties.
 
In Africa I was moved by our experience with the Maisons d''écoute, community associations supported by the ICRC, where victims can seek immediate help and share their experiences frankly and confidentially in a safe environment and with people they trust. Changes in local attitudes are noticeable. Less stigmatization makes victims more willing to seek assistance. Such spaces which are strongly grounded in a community-based approach assist victims by identifying and supporting their personal resources, thus enabling them to cope better with difficulties and, eventually, to live - not just survive - again in a community.
 
There are countless examples of such shared spaces of humanity, even in the heat of battle: they range from private taxi drivers bringing wounded from all sides to hospitals, to decent and humane conditions of detention for the enemy.
 
We do not accept the status quo when facing excessive violence. Neither can you. Investing in humanity is an invaluable choice that you must make, that you will be asked to make.
 
I am committed to working with you in order to further our dialogue on what humanity entails, as it is one means of furthering the effective implementation of the law.


Visit the related web page
 


Free Mauritania’s anti-slavery activists
by Amnesty, Anti-Slavery International, agencies
Mauritania
 
May 2016
 
Mauritania: Anti-slavery activists released
 
In response to today’s Supreme Court ruling in Mauritania releasing two anti-slavery activists, Alioune Tine, Amnesty International’s West and Central Africa Director said:
 
“The release of two anti-slavery activists, Biram Ould Dah Ould Abeid and Brahim Bilal, who spent 20 months in jail is an enormous relief and welcome news for everyone who has been campaigning for this outcome.”
 
“This ruling should now provide an opportunity for the Mauritanian authorities to stop its crackdown on human rights defenders and release other prisoners of conscience, such as blogger Mohamed Mkhaïtir, who have been detained only for peacefully expressing their opinions.”
 
Biram Ould Dah Ould Abeid is the President of the anti-slavery NGO Initiative for the Resurgence of the Abolitionist Movement (IRA), and was the runner-up in the last presidential elections.
 
He was sentenced on 15 January 2015 for two years of imprisonment along with Brahim Bilal and Djiby Sow for accused of membership in an unrecognized organization, taking part in an unauthorized assembly, failing to comply with police orders and resisting arrest.
 
The Supreme Court requalified the facts to constitute an offense punishable by only one year of imprisonment and on that basis held that the activists should be released.
 
http://www.amnesty.org/en/latest/news/2016/08/mauritania-drop-all-charges-and-release-antislavery-activists/ http://www.amnesty.org/en/latest/news/2016/05/mauritania-anti-slavery-activists-released/
 
Dakar, 21 August 2015
 
Slavery in Mauritania: The gap between words and actions - Alioune Tine, Amnesty International West Africa Director
 
In August I had the privilege of meeting Biram Ould Dah Ould Abeid, the renowned anti-slavery activist and runner-up in the last Mauritanian presidential elections. We spoke for an hour about his life and his work. I would have liked to have spoken to him for longer. But this was not possible because our conversation took place in the courtyard of Aleg prison, one of the most dangerous prisons in Mauritania.
 
Biram Abeid has served over nine months of a two prison year sentence. He was arrested in November 2014, alongside 10 other campaigners, at a peaceful protest to raise awareness about land rights for people of slave descent. On Thursday, his sentence was heard by the appeal court.
 
Awaiting that decision, I was just one of many people around the world hoping that his sentence would be overturned and that he would be able to return to his family. But when the news came, it was not good. The harsh sentences against Biram Abeid and two other anti-slavery campaigners, Brahim Bilal and Djiby Sow, were upheld.
 
All three are members of anti-slavery human rights organizations, Kawtal and the Initiative for the Resurgence of the Abolitionist Movement (IRA). Over the years they have been peacefully campaigning to raise awareness about human rights concerns, including the impunity enjoyed by slave owners and the discrimination and human rights violations faced by people of slave descent. In Mauritania slaves and their descendants work on land without any rights and are forced to give a portion of crops to their traditional masters.
 
Ironically, just days before the appeal trial, on 11 August 2015, Mauritania adopted a law defining slavery as a crime against humanity. It was hoped that this would signal a move towards promoting human rights but yesterday’s decision has dashed those hopes.
 
In July and August, when I headed an Amnesty International mission to Mauritania, I met with authorities including the Minister of Justice and the Commissioner of Human Rights. I also met with human rights defenders and I travelled more than 250 km from Nouakchott to Aleg to visit Biram in prison.
 
Its remote location has created problems for family members wishing to visit the activists in jail. Biram Abeid’s wife and children have had to move to a house in Aleg just to be close to him.
 
Amnesty International considers Biram Abeid, Brahim Bilal and Djiby Sow to be prisoners of conscience. All three of them have been detained solely for the peaceful exercise of their rights and they should be released immediately and unconditionally.
 
Speaking to our mission, Biram Abeid made an empassioned plea.
 
I call on Mauritanian authorities to establish a constructive dialogue with anti-slavery activists, to open their doors and their hearts to begin resolving the problem of slavery. We believe that the attacks against freedom of expression and the imprisonment of human rights defenders are contrary to the country’s international legal commitments. Our place is not in prison but outside. - Biram Ould Dah ould Abeid
 
Those words are ever more poignant following yesterday’s appeals court decision.
 
15 Jan. 2015
 
Mauritania jails anti-slavery activists. (AFP)
 
Police in Mauritania have used tear gas to disperse protesters, after three anti-slavery activists were sentenced to two years in prison on Thursday.
 
Biram Ould Dah Ould Abeid, the runner-up in 2014 presidential elections and the head of an anti-slavery group, was convicted along with one of his aides Bilal Ramdane, and Djiby Sow, a civic and cultural rights campaigner.
 
Seven others on trial for joining anti-slavery protests in November were released.
 
Dozens of their supporters stormed the courthouse and surrounded the prosecutor"s office, according to private news agency Al-Akhbar. Police responded with tear gas, leaving four injured, according to the news agency.
 
Amnesty International statement condemned the use of tear gas and batons force by police.
 
"We are going to appeal," Brahim Ould Ebetty, a defence lawyer told AFP in response to the guilty verdict.
 
The activists were charged with "belonging to an illegal organisation, leading an unauthorised rally, and violence against the police", their defence team said.
 
According to Amnesty, the activists were arrested while trying to educate people about land rights in the west African country where slave descendents are often forced to give up a portion of their crops to the traditional masters.
 
Gaetan Mootoo, Amnesty"s West Africa researcher, denounced the convictions, saying: "The intensifying crackdown on anti-slavery activists in Mauritania has no legal justification and is symptomatic of the government"s lack of respect for human rights."
 
The country was the last in the world to abolish slavery, in 1981, and since 2007 its practice has been officially designated a crime punishable by up to 10 years in prison.
 
But campaigners say the government has failed in the past to acknowledge the extent of the trade.
 
Dec. 2014 (Walk Free Campaign)
 
Biram Dah Abeid is a leading anti-slavery activist in Mauritania, the country with the highest prevalence of slavery in the world. The organisation he founded, the Initiative for the Resurgence of the Abolitionist Movement has fought for the freedom of countless men, women and children.
 
Mauritania fully outlawed slavery in 2007 but has systematically failed to end it in practice. It has fallen to activists like Biram to fight for people’s freedom and they face regular harassment and harsh treatment in their campaigning.
 
As you read this Biram and his fellow activists are sitting in a prison cell for their work to end slavery in Mauritania — and we need your help to secure justice. A huge wave of international pressure could help force the Mauritanian government to prioritize ending slavery and stop the harassment of anti-slavery activists.
 
Please call on the Mauritanian government to free Biram Dah Abeid and his fellow anti-slavery activists.
 
http://www.walkfree.org/mauritania/ http://www.theguardian.com/global-development/2016/jan/20/anti-slavery-activists-in-mauritania-face-violent-clampdown-rights-groups-warn http://minorityrights.org/2015/10/04/lack-of-political-and-judicial-will-undermining-mauritanias-anti-slavery-law-mrg-study/ http://www.amnesty.org/en/latest/news/2015/08/slavery-in-mauritania-the-gap-between-words-and-actions/ http://www.amnesty.org/en/for-media/press-releases/mauritania-jailed-presidential-candidate-and-anti-slavery-activists-must-be http://www.minorityrights.org/13049/press-releases/mauritania-ranked-as-worst-place-in-the-world-for-slavery.html http://www.antislavery.org/ http://www.theguardian.com/global-development/2015/jan/17/mauritania-anti-slavery-activists-jailed-biram-ould-abeid http://www.newyorker.com/magazine/2014/09/08/freedom-fighter http://www.globalslaveryindex.org/


 

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