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Permitting private security contractors to operate with impunity in armed conflicts by UN Working Group on the use of mercenaries July 2021 Mercenaries and related private contractors must leave Libya to pave way for peace, elections UN experts have called for all mercenaries and mercenary-related private contractors to leave Libya, saying their departure is long overdue, and is a vital precondition to peaceful elections scheduled for later this year. “Nine months after the ceasefire agreement calling for withdrawal of foreign forces and mercenaries from Libya, mercenaries and private military and security contractors continue to operate in the country,” said Jelena Aparac, chair of the UN’s Working Group on the use of mercenaries. “Their continued recruitment and presence in Libya impedes progress in the peace process and constitutes an obstacle for the upcoming elections.” Well-trained and well-armed private contractors from Russia, Syria, Sudan and Chad operating in Libya, some of whom meet the criteria for mercenaries, could also negatively affect the security and stability of other countries in the region, the experts warned. The experts stressed that these mercenary and mercenary-related actors must leave immediately, and there must be an immediate end to the transfer of military weapons and materiel into Libya. “We appeal to the international community to take concrete steps to aid this process,” Aparac said. In the UN-facilitated Libyan Political Dialogue Forum, participants agreed on a roadmap to credible, inclusive and democratic national elections, to be held on 24 December 2021. “If elections are to be held in December 2021 as scheduled, Libyans should be able to undertake that process in a safe and secure environment, and the presence of these actors impedes that,” Aparac said. In June 2020, the UN Working Group warned that reliance on mercenaries and related actors since 2019 had contributed to escalation of the conflict in Libya and undermined the peace process, which was a breach of the existing arms embargo imposed by the UN Security Council. At that time, they urged governments to investigate all allegations of human rights violations and humanitarian law violations. “A year on, and looking forward to elections, we remain concerned that any political process aiming to establish sustainable peace has to include a genuine commitment to human rights,” the experts said. “There must be real accountability for abuses committed by mercenaries, mercenary-related actors, and private contractors.” Dec. 2020 Trump pardons for Blackwater guards an “affront to justice”. (UN Working Group on the use of mercenaries) A group of UN experts said the pardons granted to four convicted private security contractors for war crimes in Iraq violated US obligations under international law, and called on all States parties to the Geneva Conventions to condemn the pardons. The Blackwater Worldwide contractors were prosecuted and convicted of multiple criminal acts committed during a massacre at Nisour Square in Baghdad in 2007 which left 14 unarmed civilians dead and at least 17 wounded. In 2015 the US courts convicted Nicholas Slatten of first-degree murder, while Paul Slough, Evan Liberty and Dustin Heard were convicted of voluntary and attempted manslaughter. US President Donald Trump pardoned the four contractors on 22 December. “Pardoning the Blackwater contractors is an affront to justice and to the victims of the Nisour Square massacre and their families,” said Jelena Aparac, Chair-Rapporteur of the Working Group on the use of mercenaries. “The Geneva Conventions oblige States to hold war criminals accountable for their crimes, even when they act as private security contractors. These pardons violate US obligations under international law and more broadly undermine humanitarian law and human rights at a global level. “Ensuring accountability for such crimes is fundamental to humanity and to the community of nations,” she said. “Pardons, amnesties, or any other forms of exculpation for war crimes open doors to future abuses when States contract private military and security companies for inherent state functions.” The Working Group is extremely concerned that by permitting private security contractors to operate with impunity in armed conflicts, States will be encouraged to circumvent their obligations under humanitarian law by increasingly outsourcing core military operations to the private sector. http://bit.ly/3pvpDc6 http://bit.ly/34WUVRA http://www.ohchr.org/en/issues/mercenaries/wgmercenaries/pages/wgmercenariesindex.aspx http://www.ohchr.org/EN/ProfessionalInterest/Pages/ProtectionOfCivilianPersons.aspx http://www.theguardian.com/us-news/2020/dec/23/our-blood-is-cheaper-than-water-iraqis-anger-over-trump-pardons http://www.pbs.org/newshour/world/how-the-blackwater-pardons-could-have-a-lasting-impact-the-americans-got-away-with-it http://theintercept.com/2020/12/23/blackwater-massacre-iraq-pardons/ http://bit.ly/3rFyXvW * July 2020: Report of the Working Group on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination. The evolving forms, trends and manifestations of mercenaries and mercenary-related activities: http://undocs.org/en/A/75/259 Visit the related web page |
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A grim picture of the state of corruption worldwide by Transparency International Mar. 2021 Holding Power to Account for the Common Good, by Delia Ferreira Rubio and Rueben Lifuka. The world faces a complex and challenging future, one thrown into sharp relief by the ongoing coronavirus pandemic. Far from retreating, corruption threats are growing as we experience change and instability in politics, technology, public health, the environment and human security. Globalisation, unprecedented connectivity and fast-moving technological change have deep implications for the concentration, use and abuse of power. Serious crises confront us all: from the climate crisis to rising inequality, from conflict and related displacement to assaults on human rights. Marked from its start by a devastating pandemic, the decade is already defined by uncertainty. The theft and waste of vital public resources intended to save lives and help with economic recovery from the pandemic, makes obvious the human cost of corruption. It has also underlined that the fundamental frameworks for good governance and responsible business conduct cannot and must not be taken for granted. Corruption is a human rights issue The pandemic has also clearly shown that corruption is a human rights problem. Those countries affected by high levels of corruption were less prepared to provide adequate health care. The money lost to corruption was the same resources missing in hospitals: from ventilators to medicines. Once more, and this time on a global scale, it was clear that corruption kills. Tragic though it has been, the pandemic has provided us with an object lesson in why ending corruption is so critical to ensuring social and economic justice around the globe. It has also presented humanity with the challenge and the opportunity to recover better. This will only be possible and sustainable if we rebuild trust, on the basis of truth, and transparency. That is why Transparency International’s mission is more vital than ever. Corrupt decision-making – whether in government, business, nationally or internationally – underpins the world’s greatest injustices. It deprives citizens of the rights and opportunities they need and deserve, and feeds further injustice by eroding the institutions meant to protect them. It is timely that this year we launch our Strategy 2030: Holding Power to Account for the Common Good. It is a strategy dedicated to leading the next decade’s fight against corruption by showing what it will take to achieve a more positive future for all. To us, corruption is the abuse of entrusted power for private gain. This includes corruption in the public and business sectors, from local to international levels. It extends from petty corruption felt acutely by citizens every day, to kleptocracy and high-level grand corruption damaging entire societies. It includes abuse of entrusted power for material gain, like financial bribes, but also any benefits which breach that trust – from sexual exploitation to political corruption simply for the purpose of sustaining power, status or wealth. Too many of those in government and business, to whom communities have entrusted power, have lost sight of the social purpose for which they accepted that power. Too many mechanisms for ensuring accountability in how decisionmakers come to power, and integrity in the conduct of officials and entrepreneurs, have not delivered, proved too weak or failed to adapt to an ever faster, more volatile world. Together, we must confront these challenges and chart our way to a world in which transparency, integrity and the accountable use of power for the common good becomes the norm. This includes traditional powers but also the new centres of power in the surveillance society which jeopardizes individuals’ agency. Transparency, integrity, and accountability must be guaranteed in relation to new decision-making tools based on Artificial Intelligence algorithms which are opaque and potentially biased, unfair, and discriminatory. New forms of power ask for new accountability mechanisms. The years to 2030 will be crucial in the global fight against corruption. Achieving a better, more just world will not be easy. It will require effort on many fronts. With commitment, support and active participation from citizens around the world, the new normal will be an era of joint action. We can and must do all in our power to secure accountability for a fair, sustainable and peaceful future. http://www.transparency.org/en/blog/eyes-on-2030-holding-power-to-account-for-the-common-good Jan. 2021 A grim picture of the state of corruption worldwide This year’s Corruption Perceptions Index (CPI) paints a grim picture of the state of corruption worldwide. While most countries have made little to no progress in tackling corruption in almost a decade, more than two-thirds of countries score below 50. Our research shows corruption not only undermines the global health response to COVID-19, but also contributes to a continuing crisis of democracy. The index, which ranks 180 countries and territories by their perceived levels of public sector corruption according to experts and businesspeople, uses a scale of zero to 100, where zero is highly corrupt and 100 is very clean. Like previous years, more than two-thirds of countries score below 50 on this year’s CPI, with an average score of just 43. The data shows that despite some progress, most countries still fail to tackle corruption effectively. The top countries on the CPI are Denmark and New Zealand, with scores of 88, followed by Finland, Singapore, Sweden and Switzerland, with scores of 85 each. The bottom countries are South Sudan and Somalia, with scores of 12 each, followed by Syria (14), Yemen (15) and Venezuela (15). Since 2012, 26 countries improved their CPI scores. In the same period, 22 countries decreased their scores, including Lebanon, Malawi and Bosnia & Herzegovina. COVID-19 and corruption Corruption undermines an equitable response to COVID-19 and other crises, highlighting the importance of transparency and anti-corruption measures in emergency situations. Reports show corruption is prevalent across the COVID-19 response, from bribery for COVID-19 tests, treatment and other health services, to public procurement of medical supplies and overall emergency preparedness. Our analysis reveals that countries that perform well on the index invest more in health care, are better able to provide universal coverage and are less likely to violate democratic norms or the rule of law when responding to a crisis. Countries that perform well on the CPI are less likely to violate democratic norms and institutions. Regional results The highest scoring region is Western Europe and the European Union with an average score of 66. The lowest scoring regions are Sub-Saharan Africa (32) and Eastern Europe and Central Asia (36). Even countries with higher scores on the CPI have had their share of corruption challenges, including a lack of transparency in public spending in response to COVID-19. To fight COVID-19 and curb corruption, it is essential for countries to: 1. Strengthen oversight institutions The COVID-19 response exposed vulnerabilities of weak oversight and inadequate transparency. To ensure resources reach those most in need and are not subject to theft by the corrupt, anti-corruption authorities and oversight institutions must have sufficient funds, resources and independence to perform their duties. 2. Ensure open and transparent contracting Many governments have drastically relaxed procurement processes. These rushed and opaque procedures provide ample opportunity for corruption and the diversion of public resources. Contracting processes must remain open and transparent to combat wrongdoing, identify conflicts of interest and ensure fair pricing. 3. Defend democracy, promote civic space The COVID-19 crisis exacerbated democratic decline, with some governments exploiting the pandemic to suspend parliaments, renounce public accountability mechanisms and incite violence against dissidents. To defend civic space, civil society groups and the media must have the enabling conditions to hold governments accountable. 4. Publish relevant data, guarantee access The publication of disaggregated data on spending and distribution of resources is particularly relevant in emergency situations, to ensure fair and equitable policy responses. Governments should also ensure people receive easy, accessible, timely and meaningful information by guaranteeing their right to access information. http://www.transparency.org/en/news/cpi-2020-research-analysis-why-fighting-corruption-matters-in-times-of-covid-19 http://www.transparency.org/en/news/cpi-2020-global-highlights http://www.transparency.org/en/news http://www.transparency.org/en/blog http://www.icij.org/ http://www.taxjustice.net/ Visit the related web page |
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