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Establishing a “Culture of Remembrance and Non-Recurrence”:

Regional Approaches to Genocide Prevention

Exterior of S-21 Prison in Phnom Penh, Cambodia

Exterior of S-21 Prison in Phnom Penh, Cambodia

By MICHELLE EBERHARD

Genocide prevention requires a transnational commitment of states willing to collaborate and work together to recognize threats and identify means by which potential conflict can be avoided. In a similar way, reducing the risk of genocide necessitates a consistent sharing of ideas so that methods for prevention can be continually improved. One manner in which this dedication and cooperation is demonstrated is the Regional Forum on the Prevention of Genocide, co-organized by the governments of Argentina, Cambodia, Switzerland, and Tanzania. The Forum, which was first held in Argentina in 2008, has continued to meet annually since 2010 and brings together scholars, diplomats, and activists to discuss emerging ideas in the realm of genocide prevention. In addition, the journal Politorbis issued a 2009 publication on genocide prevention that addresses many of the topics covered in the Forums.

The 2013 Regional Forum took place in Phnom Penh on February 28 and March 1, 2013, and included over 20 distinguished speakers from around the world. The discussion was opened by Mr. Federico Villegas Beltrán, Director General for Human Rights, Ministry of Foreign Affairs, and International Trade and Worship in Argentina; Ambassador Dr. Christoph Burgener of Switzerland; Ambassador Liberata Mulamula of Tanzania; and Deputy Prime Minister and Minister in charge of the Office of the Council of Ministers of Cambodia, His Excellency Dr. Sok An. Dr. An began by reminding the audience of the importance of genocide prevention in his own country, stating that “for Cambodia, the issue is not an abstract or theoretical one, but one that brutally and directly affected us, and still does today.” Dr. An also cited the importance of seeking justice for and remembering the victims, “to make sure such a tragedy will never recur,” emphasizing that “we regard remembrance of the past and of the victims as an essential prerequisite to non-recurrence.”

The Forum itself was comprised of five separate panels, the first of which was titled “What is genocide and how to prevent it?” During this segment, panelists discussed the definition of genocide and offered ideas on how to improve capacities to respond to early warning signs of violence. In particular, His Excellency Ouch Borith, Secretary of State, Ministry of Foreign Affairs and International Cooperation of Cambodia, mentioned that “the narrow or shallow perception of genocide may lead to failure in preventing genocide from its budding stage,” referring to the oversimplified belief that genocide only entails the killing of individuals, when in fact the Genocide Convention enumerates five criteria for the commission of the crime. Borith also stated that there are “still a lot of controversies and difficulties in quantifying the scope of violence to be labeled as genocide,” and cited the need for greater preventive capacity, particularly at the national level in regards to education, and social and religious institutions.

This panel also featured Adama Dieng, United Nations Special Adviser for the Prevention of Genocide, and Alex Bellamy, Professor of International Security at Griffith Asia Institute in Australia. Dieng reiterated the importance of understanding the “root causes and dynamics” of genocide, and highlighted the important role that civil society has begun to play in making prevention and the concept of the Responsibility to Protect (R2P) stronger.  Bellamy also outlined six specific points that would assist East Asia in its efforts to prevent genocide, including the development of what he calls an “atrocity prevention lens,” which “focuses on injecting atrocity prevention considerations into existing policies, programs, and capabilities and, when necessary, convening or coordinating these assets for prevention purposes,” as well as the creation of regional capacity for early warning and assessment through a collaborative effort between the Association of Southeast Asian Nations (ASEAN) Secretariat, the ASEAN Institute of Peace and Reconciliation, and other relevant organizations.

The second panel, “Asian Experience and Visions for the Future,” included His Excellency Khuon Sudary, Second Vice-President of the National Assembly of Cambodia, and The Honorable Gareth Evans, Chancellor of Australian National University and Co-Chair of the Global Centre for the Responsibility to Protect. Sudary emphasized the importance of the Extraordinary Chambers in the Courts of Cambodia (ECCC) in seeking justice for the victims of the genocide. He also underscored the role of education, particularly in regards to learning about the Khmer Rouge, noting that “young people need to grasp the value of human rights and learn to use them effectively in order to prevent genocide in the future.”

Evans, who was a primary contributor in the creation of R2P at the International Commission on Intervention and State Sovereignty (ICISS) in 2001, discussed the development of a Brazilian proposal called Responsibility While Protecting (RWP). This supplemental protocol to R2P is comprised of “two key elements: a set of agreed criteria to be taken into account before the UNSC mandates any use of force…and a monitoring-and-review mechanism to ensure that the scope and limits of such mandates continue to be debated by the Council during the implementation phase.” Evans also reiterated the imperativeness of developing “effective capability to initiate action and mobilize political will,” by creating “focal points” that have “direct access to high-level decision makers,” as well as enhancing “broad-based civilian response capabilities” and “[ensuring] that effective military capability is available to meet needs as they arise.”

Later in the evening, the third panel, titled “Africa, Latin America and Europe – Experiences, Lessons Learned and Ways Forward,” was held. Nathan Byamukama, Program Officer of the International Conference of the Great Lakes Region (ICGLR) Committee on the Prevention of Genocide, spoke first.  He discussed some of the responsibilities of the ICGLR, including collecting and analyzing information to identify situations that might develop into genocide, recommending measures to safeguard victims, monitoring Disarmament, Demobilization, Repatriation, Reintegration and Resettlement (DDRRR) programs, and cooperating with civil society. Byamukama also cited several challenges that the ICGLR faces, like the politicization of the Committee and a funding deficit, but noted that it will continue to garner support from member states so as to strengthen its initiatives.

Byamukama was followed by Daniel Feierstein, Director of the Centre for Genocide Studies in Argentina. First, Feierstein turned the concept of prevention on its head, stating, “I would suggest to change the perspective from what the super-powers should do to prevent genocide (the interventionist approach) to what they should not do: how to establish a system of controls to prevent such powers from acting in ways that increase the possibility of genocidal events through direct intervention, arms trade, support for destabilization or coups d’état, and so on.” Secondly, he noted the important role of regional mechanisms in preventing genocide, providing the example of the Union of South American Nations (UNASUR), which is comprised of 12 Latin American nations and is charged with helping countries in the region mitigate conflicts.  Since its inception in 2008, UNASUR has assisted in Bolivia, Honduras, and Ecuador, as well as in the conflict between Colombia and Venezuela in 2010.

The second day of the conference opened with the fourth panel, “Preventing Genocide: Role and Responsibilities of State and International Actors and Ways Forward,” which featured David Scheffer, UN Secretary General Special Expert on United Nations Assistance to the Khmer Rouge Trials. Scheffer emphasized the role of the ECCC as a deterrence mechanism, noting that it “is critical to breaking the cycles of impunity and putting down at least a caution sign for political and military leaders who might contemplate human rights abuses or atrocity crimes to achieve political and strategic aims.”

In the fifth and final panel, “Preventing Genocide: Role and Responsibilities of Non-State Actors and Ways Forward,” Youk Chhang, Executive Director of the Documentation Centre of Cambodia (DC-Cam), discussed the role of civil society in the prevention of genocide. He explained the work of DC-Cam, which seeks “to establish a permanent presence and to play a leading role in this transformative effort” of policy change in post-conflict states. Chhang also stated that DC-Cam “has begun to build a permanent center to expand our work and ensure a long-term commitment to human rights and genocide prevention in Cambodia,” an initiative that centers on the belief that “genocide education is a key to liberating the victims of Khmer Rouge terror and transforming them into leaders in the global quest for human rights and dignity.” To increase genocide awareness, as well as the scope of the institution’s work, DC-Cam will also “promote memory and justice” by “[digitizing its] extensive archives and [making] them available to viewers at home and overseas.”

Given the variety of topics covered, as well as the global character of the dozens of panelists and speakers that offered remarks during the conference, the Regional Forum on the Prevention of Genocide exemplifies a collaborative approach to educating on the past so as to avoid the commission of mass atrocities in the future. By meeting on an annual basis, the four member states that comprise the Forum also reaffirm their commitment to what many speakers emphasized in their presentations – that is, the desire to create “a culture of remembrance and non-recurrence” that recognizes the importance of preventing genocide everywhere.

Photo: tuolsleng.com

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“Goals and Dreams”:
Honoring Rwanda’s Memory and Looking to the Future

From left: Tibi Galis, Jonathan Schienberg, and Jacqueline Murekatete at New York University.

From left: Tibi Galis, Jonathan Schienberg, and Jacqueline Murekatete at New York University.

By MICHELLE EBERHARD

When a community gathers to commemorate a horrific occurrence like genocide, it does so not only to remember the victims, both living and deceased, but also to demonstrate a commitment to ensuring that others might never be made to endure similar atrocities in the future.  In this way, such events are particularly powerful because they underscore the belief that “never again” also means to “never forget.”

April marks the 19th anniversary of the 1994 Rwandan genocide, in which 800,000 Tutsis and moderate Hutus were savagely murdered by their Hutu extremist neighbors, who believed that a person’s ethnicity determined his or her right to life. Nearly two decades later, the legacy of these victims and their descendants is continually remembered throughout the world, as the darkness of those 100 days of slaughter has left an impermeable mark on humanity, along with a resolve to do better the next time we are faced with similar situations. In an effort to uphold this commitment, on April 14, Jacqueline Murekatete, a Rwandan genocide survivor and founder of MCW Jacqueline’s Human Rights Corner, organized “A Special Program Commemorating the 19th Anniversary of the Genocide Against the Tutsis in Rwanda,” at New York University Law School, co-sponsored by the Latino Law Students Association. Featured guests at the event were Auschwitz Institute executive director Tibi Galis and CBS 60 Minutes assistant producer Jonathan Schienberg.

Murekatete opened the program by reminding those in attendance that it is important to raise awareness and support for genocide survivors in Rwanda, as well as to remember those “whose lives were brutally and unjustly taken away.” She then offered a moment of silence for the victims in Rwanda as well, before turning the microphone over to Khalid Elachi of MCW, who explained that the organization’s goal is “to empower young people to become agents of change,” citing the building of a community center in Rwanda and the establishment of Jacqueline’s Human Rights Corner as examples of how MCW carries out its mission.

These remarks were followed by a short film entitled Jacqueline’s Journey, produced by Schienberg and shown publicly for the first time. In the video, Murekatete discusses her personal survival during the Rwandan genocide, despite losing her entire immediate family and many aunts and uncles, as well as how she eventually arrived in the United States and became inspired to start telling her own story. She emphasized the importance of enabling survivors to achieve their goals and dreams, and to “live a life that our families could be proud of, if they were here.”

The keynote address was then given by Galis, who began by discussing his personal journey to working in mass atrocity prevention.  Growing up in Romania, he said, “We were taught in school that all the tragic moments of humanity . . . were behind us,” admitting that in light of contemporary crises such as Syria and the Democratic Republic of Congo, “this hope is a bit baseless in today’s world.” As he explained, the prevalence of atrocities persuaded him and others of the need to move away from the idea that such catastrophes are accidents or anomalies, and instead to “try to understand where these mass atrocities come from.”

The Auschwitz Institute, Galis explained, was established to pursue this systematic approach to understanding genocide. In particular, he noted the historic dearth of governmental involvement in prevention, and identified this as the impetus behind AIPR founder and president Fred Schwartz’s motivation to establish the organization in 2005. The need to better understand the complexities and roots of such violence is exemplified in the Auschwitz Institute’s educational program for government officials, the Raphael Lemkin Seminar for Genocide Prevention, which centers on the process of genocide and an “inventory of what has been tried in recent times” to prevent such crimes. In this way, Galis explained, the goal has shifted from “[stopping] the worst from happening at the very last possible moment,” to developing the “restructuring of societies in a way that we see the signals of the bad to come, and we try to do something about that” right away.

The Auschwitz Institute further empowers its participants by offering “resources that they need to start their own” prevention programs domestically, as the organization firmly believes in assisting governments in any way possible to do their duty – “that being to protect and not to harm its citizens. We feel it cannot be more basic than this.” Currently, Galis stated that alumni of the Auschwitz Institute’s programs number more than 200 individuals from 60 different states. He concluded by noting the role that civil society plays in prevention, explaining that “most of the time, we prevent mass atrocities and genocide without even realizing it,” through education and our daily interactions with those in our communities.”

After giving his presentation, Galis was joined by Murekatete and Schienberg for a discussion moderated by Roberta Richin, a member of the Board of Directors Emeritus at MCW. Richin posed the initial round of questions, beginning with Galis and asking about challenges facing international organizations. Galis’s response included the need to educate the leadership of institutions on what an institution is expected to deliver and implement, as well as communication problems between organizations. He also stated that organizations like the Auschwitz Institute are “the beginning of the answer,” but that good intention requires money as well as words.

Richin’s question for Murekatete focused on the connection between the “small stuff,” such as schoolyard bullying, and the “big stuff,” specifically the genocide in Rwanda. Murekatete agreed that it is sometimes difficult for individuals to recognize the long-term process that culminates in genocide, and discussed in particular how what occurred in Rwanda was a result of years of escalating hostility, propaganda, and dehumanization.

Richin then opened the floor for questions from the audience. The first focused on seeking perpetrator justice years after atrocities have been committed, to which Murekatete stated simply: “There is no deadline to the suffering . . . the horrors . . . that [victims] endured,” and that efforts to find and hold killers accountable for their actions should reflect this limitlessness. The next was addressed to Schienberg, and asked him to talk about the hardest part of making Jacqueline’s Journey. Schienberg stated that he sought to depict “what [survivors] would want me to represent,” while at the same time respecting that “it’s a very personal thing that people experience,” and that we must be careful of not generalizing too much from story to story.

Another question, to which Schienberg also responded, centered on the role of the media. He discussed how media attention can be big, but that this doesn’t necessarily stop atrocities. In addition, he stated that “media still has an obligation, obviously . . . and [journalists] need to be persistent in trying to expose . . . the happenings in those countries where atrocities are being committed.” As the moderator Richin summarized at the discussion’s conclusion, “words have power; words have consequences” – and so does a lack of words.

Jeanne d’Arc Byaje, deputy permanent representative of Rwanda to the United Nations, spoke after the panelists, and offered a view of the progress Rwanda has made since the genocide. In particular, she noted the improvements the country has achieved in its justice sector reformation. She was followed by student Jessica Gatoni, who read two poems written in honor of Rwanda: one from the perspective of a survivor trying to guard the memory of those she had lost; the other about youth empowerment and the concept of agaciro, which means “dignity” in Kinyarwanda.

Murekatete closed the event with words she had echoed throughout the afternoon: “goals and dreams.” Indeed, it is this potential that was lost during the genocide, and it is this same potential that Murekatete and others hope to help cultivate in the descendants of survivors, as well as in all individuals in the generations to come. This cultivation, however, cannot be done from the sidelines. It must occur through the work of those actively committed to preventing opportunities for individuals, who would otherwise attempt to steal or destroy these dreams, from becoming a prominent voice in their society. As Galis eloquently stated earlier, “When we see a problem and look away, we are to a certain extent supporting the roots of evil.”

Photo: Alex Zucker

Second Generation: Educating the Children of Genocide

From left: Panelists Ed Ballen, Eugenie Mukeshimana, and Sue Lob at the Museum of Tolerance in New York.

By MICHELLE EBERHARD

Nineteen years ago this month, Rwandans experienced genocide at the hands of Hutu extremists who sought to destroy the entire Tutsi ethnic population in the country, along with Hutu moderates who refused to support an agenda of extermination. The slaughter was incredibly efficient, as more than 800,000 individuals were murdered over roughly 100 days by their machete-wielding neighbors while the United Nations and the rest of the world looked on. For Rwanda, it seemed, the promise of “never again” did not apply.

While it is impossible to compare the suffering of individuals targeted for death because of their identity, the horrors that unfolded in Rwanda in 1994 are reminiscent of the horrific and calculated destruction associated with the Holocaust in 1940s Europe. In both instances, specific groups of individuals were singled out in a systematic and premeditated manner, resulting in catastrophic death tolls and leaving behind countless survivors who have endured assaults on both their dignity and their humanity. It is this parallel survivorship that has begun to resonate with victims of both genocides, and it is a relationship that has developed and continued to grow into the second generation of survivors and victims.

On April 4, this shared experience manifested itself in an event that joined the remembrance of the Holocaust with the commemoration of the 19th anniversary of the Rwandan genocide. The panel discussion, which took place at the Museum of Tolerance in New York, was titled “Educational Challenges for the Second Generation and Beyond,” and featured five different speakers. As the title of the discussion indicates, the focus of the evening was on education and the imperative role it plays in helping the descendants of genocide victims and survivors understand the impact of their families’ suffering on their own lives. In this way, education can also be a tool for prevention, as it is centered on the belief that past hostilities and injustices can be overcome. As moderator Dr. Yael Danieli of the Group Project for Holocaust Survivors and Their Children stated in her opening remarks, the goal is to “try to prevent the transformation [of trauma] from generation to generation.”

The first panelist of the evening was Sue Lob, founder and executive director of the Voices of Women Organizing Project, whose father survived a year of internment at Mauthausen, and whose mother lived in hiding to escape the Nazi purge. Lob summarized the impact of the Holocaust on her family by referring to it as a “legacy of both trauma and resilience,” noting that her parents rarely discussed their experiences, indicating the lasting effects of what they had been made to endure. From a resiliency perspective, however, Lob affirmed that “what survivors bring to us is this real legacy of their ability to adapt,” along with a powerful sense of tenacity and stubborn will. Explaining that this was the first time she had chosen to speak about her family’s story in public, Lob concluded by offering her reasoning for finally doing so: “I didn’t want to stand by the way the world [had] stood by.”

Lob was followed by the organizer of the evening’s discussion, Eugenie Mukeshimana, a survivor of the 1994 genocide in Rwanda and founder and executive director of the Genocide Survivors Support Network (GSSN). She began by stating that “it sounds very strange, but we remember [the genocide] as if it was yesterday,” referencing the unspoken issues that haunt survivors as constituting a “world they live in that is inside, not known.” In particular, Mukeshimana noted how children, impoverished and oftentimes orphaned after the genocide, were faced with these adult issues, but lacked access to resources like counseling that could have assisted them. While interventions have historically focused on the first generation – that is, adults and teenagers who were alive during the genocide and directly experienced its horrors – “the second generation is turning nineteen,” and such intervention initiatives cannot be sustained unless this second generation is taken into account. Specifically, Mukeshimana mentioned that many children attend school with the children of those who murdered their parents, which provides a platform for potential problems both now and in the future. As she aptly noted, “it takes much longer to get rid of the ideology that created [the genocide] in the first place,” and concluded by stating that “we need to begin looking at the way we can support education” in Rwanda.

Ed Ballen, a clinical social worker and the founder and executive director of the Rwanda Education Assistance Program (REAP), spoke after Mukeshimana. After visiting an orphanage in Rwanda in 2006, he stated that he felt a particular connection to the place, and in 2008 started the  nonprofit REAP by opening a public school where children from that orphanage could attend classes. Expressing his adherence to the notion that “education is a fundamental human right for all children,” Ballen explained that REAP’s mission is to enrich the environment to learn for these kids. This is accomplished through a five-pillar approach, comprising community, engagement, education outside the classroom, health and well-being, and the environment. Ballen also noted a few challenges that the REAP faces, such as a lack of clean drinking water for students, and the fact that most pupils have a long walk to and from the school each day. Teaching also poses problems, as a teacher in primary school only has a high school education, and is often devalued in society for having chosen that career path. Yet Ballen is hopeful, saying that “when I feel overwhelmed, what keeps me going is holding on to the face of the children of Rwanda. I can see the hope.” He concluded by echoing this sentiment in a paraphrase of Levinas, saying that “our ethical behavior begins with the human face” of the Other.

After Ballen was Barrett Frankel, the development and communications manager of Agahozo-Shalom Youth Village (ASYV), another education-based organization that serves Rwandan youth. Specifically, ASYV offers 500 Rwandan youth a holistic living, learning, and healing community, which they are a part of for four years. The mission of the organization is to help students realize their maximum potential, as well as to cultivate a sense of social responsibility, so that each student might become an “educator and an investor in the generation.” The main axioms of ASYV are the focus provided on the individual student, formal and informal education, health and wellness, and education on other genocides, such as what occurred in the Holocaust and Bosnia. In addition, Frankel talked about how instead of punishing students for misbehavior, ASYV has developed a “DNA” approach, which stands for discussion, negotiation, and agreement. As she explained, “life is about repair,” and the most important lesson one can learn from the incident is to understand the consequences of an individual’s actions on the whole community. In this spirit, Frankel also emphasized giving kids a voice, and instilling in them “the power to think for themselves, well beyond their four years” at ASYV.

The last panelist, Dr. Racelle Weiman, is the director of Global Education and Professional Training for the Dialogue Institute at Temple University. She also serves on the GSSN board, and underlined the importance of empowerment – that is, “how to help people help themselves.” In particular, Weiman promoted the ownership of Rwandans and all survivors of genocide in finding their voice and sharing their story, and that in doing so they should be cognizant of their audience. In other words, she asked, “What is the story that you want them to tell?” and repeatedly emphasized, “You are your own voice.”

Perhaps a few words from Dr. Danieli best capture how important education can be for survivors and the prevention of repeated trauma. As she states, education “must be embraced and contained within a healing environment” – “you don’t want successful people who can’t manage their heart.” Thus, the greatest opportunity education might provide is the chance to envision life differently, in harmony with one’s community, and in recognition of one’s individual agency to write a future that is different from the past, so as to ensure that “never again” means what it was always intended to.

Photo: Eugenie Mukeshimana

“When Hateful Speech Is Transformed Into Hateful Deeds”:
Examining Freedom of Speech, Hate Speech, and Incitement to Genocide

Incitement USHMM

Panelists at “Hate Speech and Incitement to Genocide,” US Holocaust Memorial Museum

By MICHELLE EBERHARD

Human rights simultaneously create duties and establish a basis for claims – that is, they emphasize the responsibility that one entity, be it state or individual, has towards another entity, as well as how an individual might be able to enforce another entity’s guarantee of a particular provision. Given the wide spectrum of rights that have been codified in such documents as the Universal Declaration of Human Rights, the International Covenant on Economic and Social Rights, and the International Covenant on Civil and Political Rights, one right can, under certain circumstances, restrict the complete fulfillment of an obligation provided under another right, by virtue of what each is attempting to protect. One example of this tension is the debate between the right to freedom of expression and the right to be free of attacks on one’s own rights and reputation that can potentially result from inflammatory speech.

When it comes to genocide prevention, the most important component of this debate is how to balance freedom of expression with speech that falls under the category of “direct and public incitement to genocide,” a crime listed under Article III of the Genocide Convention. Indeed, individuals like Julius Streicher of Germany, as well as Hassan Ngeze, Ferdinand Nahimana, and Jean-Bosco Barayagwiza of Rwanda, have all been convicted for public incitement to genocide. Despite these court cases, however, the issue of whether or not something qualifies as incitement remains open to interpretation and context. Indeed, not all inflammatory speech can or should be considered incitement, as freedom of expression is a necessary cornerstone of democracy. As the United States Holocaust Memorial Museum (USHMM) states on its website, “incitement to commit genocide [requires] a calling on the audience (be they listeners or readers) to take action of some kind. Absent such a call, inflammatory language may qualify as hate speech but does not constitute incitement.”

To further elucidate the distinction between these two sets of rights, as well as to elaborate on efforts being made to combat incitement, the USHMM, in conjunction with the United Nations Office on Genocide Prevention and the Responsibility to Protect and the United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, held a panel discussion February 5 titled Hate Speech and Incitement to Genocide.”

After opening remarks by Susan Bloomfield, director of the USHMM, five panelists guided by moderator Mike Abramowitz, director of the Center for the Prevention of Genocide, each spoke briefly on their area of expertise and then responded to questions posed by Abramowitz himself.

The first speaker tasked with answering Bloomfield’s question – “How we can counter dissemination of inflammatory speech while protecting the right to free expression?” – was the ambassador of Norway to the United States, Wegger Strømmen, who began by commenting on his personal introduction to human rights in the 1970s, which consisted of joining Amnesty International as an activist, accompanied by other young people who “thought we were going to change the world significantly.” Acknowledging that “we have a much more complex reality” today, particularly in regards to speech, as “more people have access to a microphone” than they used to, Strømmen offered this as a remedy to the struggle for balance between freedom of speech and avoiding incitement: “We should remember that the same tools that can be used to . . . cause incitement to violence can also be used to monitor them, to understand them.” In other words, he stated that “rational people” should be able to counter extremists with preventive measures that emerge from the same tools and tactics associated with incitement.

Strømmen was followed by Adama Dieng, the UN special adviser on prevention of genocide. Dieng pointed to preparations for the recently held Kenyan elections, indicating that “there have been numerous initiatives to develop ways to . . . counter the kind of hate speech that contributed to the incitement of that violence, in order to prevent a recurrence this time around.” Additionally, he mentioned that the Office of the High Commissioner for Human Rights (OHCHR) has held a series of expert workshops that led to the “identification of three main points to be considered when seeking to strengthen national and international efforts to curb incitement.”

First, the OHCHR acknowledged that Article 20(2) of the International Covenant on Civil and Political Rights, which states that “any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law,” should only be invoked for exceptional or extraordinary circumstances. Second, Dieng stressed the importance of “acknowledging that the human sentiment of hatred and discrimination go deeper than the offenses of discrimination, hate crimes and incitement. We must recognize the limits of legislation to combat hate speech and incitement. We need to develop a multilayered approach to fight the root causes of hate speech, racism, and discrimination.” In this spirit, he indicated the role of the promotion of human rights and tolerance, though he hesitated to place all is faith in the latter, saying that “when we tolerate someone, we accept, but we don’t embrace.” Perhaps it is human rights, then, that can fill this gap and thus complement tolerance education. Finally, Dieng stated that “there is a need for increased national and international monitoring capacities for early warning purposes,” which could be achieved by creative new technologies and media.

Susan Benesch, project director for the World Policy Institute’s “Dangerous Speech on the Road to Mass Violence,” was next.  She presented her theory on dangerous speech, which she defines as “certain speech, some subset of speech within this large, vague universe of hate speech . . . [that  has] a special, terrible power . . . to move groups of people so that they will condone and eventually take part in atrocities.” Two hallmarks of this she mentioned are dehumanizing language that associates human beings with animals (for example, the Nazis’ reference to Jews as pests or vermin, and the Hutus’ reference to Tutsis as inyenzi, or cockroaches), and what she called “accusation in a mirror.” This occurs when an “inflammatory speaker tells his audience that the other group, the future victims, are coming to get them,” and thus creates an “analogue of the one iron-clad defense to murder in every single legal system: self-defense.” When this happens, violence becomes both acceptable and necessary. In addition, Benesch pointed to a set of five criteria for making an educated guess on the level of danger that particular speech might lead to: the speaker, the audience, the speech act itself, historical and social context, and means of dissemination of the speech.

After Benesch came Frank LaRue, who agreed on the importance of criminalizing incitement to genocide, but emphasized the importance of having a threshold for doing so. As he remarked, it is “very important to maintain the idea that when you’re limiting speech, you’re going to the exception of the rule; the norm should be the openness.” Importantly, he also identified benchmarks for determining this threshold, which include intent, severity and extent of the content, the feasibility and immediacy of harm being produced, and the context within a specific country. When prompted by Abramowitz on a follow-up question, LaRue added that “oftentimes governments are using limitations, which they try to justify as limiting hate speech . . . but they’re actually limiting legitimate debate and dialogue,” which underscores the necessity of remaining aware of country-specific context in evaluating hate speech and incitement.

George Weiss, founder of Radio La Benevolencija Humanitarian Tools Foundation (La Benevolencija), followed LaRue. He explained the work that his organization has done, particularly in Rwanda over the past 10 years, which began when psychologists were invited by the Rwandan government to teach comparative psychology in the country. Noting that studies generated by Yale, Princeton, and New York University had all evaluated the program and produced positive feedback, Weiss reiterated that when audiences like the Rwandan public are afraid of what they are not accustomed to – for example, democratic principles – you must “reach them by giving them virtual examples that they respect,” which are often archetypal or heroic in nature. One example of this is a soap opera titled “New Dawn,” which has run in Rwanda since 2003 and remains the most popular soap opera in the country. As Weiss acknowledged toward the end of his remarks, “You don’t only change knowledge. You embed knowledge, and that has to lead to attitude change.”  Indeed, this is the goal of programs like “New Dawn” and similar projects created by La Benevolencija.

The last panelist was Aidan White, director of the Ethical Journalism Network, who stressed a return to the traditional values of journalism. Citing political manipulation and economic and professional crises as having undermined these efforts in recent years, White emphasized that journalism is different from free expression, in that journalism is “constrained expression – you can’t just say what you want to say.” Instead, White argued, journalists must be motivated by “cardinal principles,” including truth, independence, impartiality, accountability, and “[showing] humanity” in the way they do their work.

A range of topics were further extrapolated on as the moderator Abramowitz facilitated discussion on some of the points made by the panelists. This included issues pertaining to particular countries like Libya, Syria, and Iran, as well as Greece, which Weiss pointed out is the first country where a neo-Nazi group has been elected to Parliament. Given that this group, Golden Dawn, has “openly said that the Nazis and Hitler are their role models, [and] that they only got elected into parliament to destroy democracy,” the future of what Weiss refers to as the “destructuralization of Greek society” is certainly in question. White also responded to this, stating, “We need journalism . . . to give us informed background, to give us context, and to give us really important analysis of the consequence of events and how that’s going to affect people’s lives.”

When the conversation moved back to solutions for the debate over freedom of expression, LaRue commented that “never should intervention be censorship,” and instead that “the intervention and the response has to be positive speech.” Benesch supported this statement when she answered a related question, from Abramowitz, on why it is potentially risky to limit speech. She responded by noting that doing so “is to shut down the opportunity to debate, to air grievances, legitimate or not legitimate . . . and if you shut that down, that may in fact increase the likelihood of mass violence itself.” Therefore, while the fine lines that demarcate hate speech, incitement, and freedom of speech remain malleable, advancements made at multiple levels within the international community have certainly added to a greater contextualization of how we might eventually determine more fixed guidelines for establishing each of these boundaries.

Photo: blogs.ushmm.org

Responsibility to Implement:
Considering Civil Society’s Knowledge and Use of R2P

DPI-NGO

By MICHELLE EBERHARD

In 2001, the Canadian-based International Commission on Intervention and State Sovereignty (ICISS) produced a report called The Responsibility to Protect (now often abbreviated as “R2P”). The concept of R2P — as endorsed, in modified form, by the United Nations World Summit in 2005 — centers on the belief that while each state “carries the primary responsibility for the protection of populations from genocide, war crimes, crimes against humanity and ethnic cleansing,” the international community also has a “responsibility to assist” states in achieving this objective. Emphasizing the contingency of state sovereignty and non-interference in a state’s internal affairs, R2P has challenged previously held norms of humanitarian intervention and persuaded the community of nations to reexamine its approach to future crises that threaten to destabilize countries around the world.

The real test of R2P’s effectiveness, however, remains its ability to be implemented in situations that fit the criteria for its application.  Much of this responsibility lies with civil society and member states, which are tasked with identifying crises for which invoking R2P might be an appropriate response to conflict. The challenge in doing so is to apply R2P in a consistent manner, as the legitimacy and continued relevance of a developing norm is greatly tied to the international community’s perceptions of its use.   As such, it is important that the international community also understand precisely what R2P is intended to be used for.

One way to achieve this is by continuing to educate both NGOs and other members of civil society about R2P, as well as clarifying elements of R2P that have been misconstrued or incorrectly perpetuated. In order to facilitate this, the United Nations’ Department of Public Information-Non-Governmental Organizations (DPI-NGO) held a briefing entitled “Implementing the Responsibility to Protect: The Role of Civil Society and Member States” on March 14 at the International Social Justice Commission Salvation Army. Moderated by Gail Bindley-Taylor, United Nations Information Officer at the UN Secretariat, the presentation included remarks from Gillian Kitley, Senior Officer in the UN Office on Genocide Prevention and the Responsibility to Protect; Sapna Considine, Deputy Director of the International Coalition for the Responsibility to Protect; and Naomi Kikoler, Director of Policy and Advocacy at the Global Centre for the Responsibility to Protect.

Following a brief overview of how conflicts in the 1990s, including the Rwandan genocide in 1994 and the genocide in Srebrenica in 1995, prompted the international community to develop a new approach to state sovereignty as embodied in R2P, Bindley-Taylor turned the floor over to Kitley, who spoke about some of the contemporary aspects of R2P. In particular, Kitley noted a few of the recent advances in its implementation, including an increase in research being done on the topic, as well as the growing number of national focal points within member states. In addition, she cited that R2P, which “is now firmly on the international agenda,” has also “become part of [the] diplomatic language” of governments, international organizations, and commissions.

In regards to the UN’s invocation of R2P, Kitley commented on how the United Nations Security Council (UNSC) has gone through long periods of both use and non-use of the document. In doing so, she also highlighted concerns over the controversial use of R2P in Libya, as the outcome of this crisis left many international actors wondering  if the goal of R2P was “regime change rather than [being] purely aimed at civilian protection.” Stating that this lack of understanding indicated the necessity of developing guidelines for use of force by the UNSC, Kitley reinforced that coercive measures under R2P are rare, and that she thus “[considers] the concerns of member states to be unnecessary.” Instead, she offered the “actual willingness of states and the international community” to promote R2P as being the primary obstacle to its effectiveness.

The second speaker, Considine, centered her commentary on the role of civil society organizations, stating that “R2P is a vital new tool for civil society to hold governments responsible” when they fail to protect their citizens.  Considine divided her talk into two sections, the first of which addressed how the “existing work [of NGOs] already contributes” to the work of R2P.  Here, she noted eight specific examples:

  1. Monitoring and documenting crimes, including identifying indicators of mass atrocities
  2. Sharing early-warning information and assessments with other monitoring mechanisms
  3. Facilitating mediation, negotiation, and dispute resolution
  4. Assisting in the training of civilian protection personnel, including helping civilians to recognize indicators of mass atrocities
  5. Helping with recovery and post-trauma
  6. Supporting and enhancing regional and national justice systems
  7. Advocating for stronger resolutions through adopting legislation and strengthening domestic policies
  8. Supporting local communities in building capacities to recognize threats

In the second section, Considine discussed how NGOs might do more, and focused on four areas of improvement: building understanding of R2P, so as to clarify misconceptions and promote knowledge of the document; “[advocating] for increased norm support for R2P;” strengthening an R2P constituency; and continuing to advance research and policy development initiatives.

Kikoler, the last panelist, focused on what R2P means for the people on the ground, stating that its main purpose is to “strengthen the architecture of prevention.” She began with a personal anecdote of the time she spent in Rwanda following the 1994 genocide, which she contrasted with her grandfather’s survival of Auschwitz during the Holocaust. “What on earth can ‘never again’ mean?” she asked, citing how 50 years after her grandfather’s ordeal, people in another part of the world still experienced the same horrors of genocide.  She answered her own question by simply stating that our task today is to ensure that “[never again] doesn’t continue to mean nothing.”

Specifically, Kikoler posited two challenges to “never again”: the consistency of response, which she exemplified by contrasting Libya and South Kordofan; and a “failure to prioritize prevention.”  Here, Kikoler focused in particular on the financial aspect, noting that it is less costly to prevent atrocities from occurring than to respond to a situation that has already turned to violence.  For example, she discussed the potential of using funds to prevent hate speech, promote education, combat incitement by the media, and assist early-warning groups in an effort to prevent rather than react to conflict. “What can it look like, and how much does that cost?” she asked.  Citing the 2013 elections in Kenya at the end of her presentation, Kikoler offered this instance as an example of how the international community “can develop some best practices . . . on how prevention can make a difference.”

As Kitley stated during the question-and-answer session, “We shouldn’t be looking only at imminent situations.” Indeed, if a conflict has escalated to the point of “imminence,” the opportunity for prevention has likely passed.  This is yet another example of the critical role of civil society and member states in the dissemination of information on R2P, as well as in assisting the effective implementation of its parameters.  While R2P remains imperfect and will likely require continual advancements in both its understanding and use, Kikoler said it best when she ended the conference by stating that “it is better to try to do something than to dismiss R2P in general.”

Image: ulcm.org

Searching for Solutions in Syria:

Questions Concerning the Application of R2P

By MICHELLE EBERHARD

One of the most troubling crises in our world today is the conflict in Syria, where the United Nations estimates that 70,000 civilians have been killed and millions more people are displaced and in need of humanitarian assistance. The unrest, which began in the spring of 2011 with public uprising against Syrian president Bashar al-Assad’s repressive governance tactics, quickly escalated into violence from both sides when the military started opening fire on groups of demonstrators, who subsequently formed an opposition government comprised of several rebel factions. The Syrian government pushed the envelope even further when it was discovered in November of last year that its troops were mixing chemicals necessary for carrying out a campaign of chemical warfare. While a potential catastrophe was likely avoided due to immediate condemnation from the United States and the rest of the international community, the fact remains that Syria has the capacity to use these weapons at a later time. More important, despite various efforts to end the conflict, neither Syria’s opposition forces — which have also been shown to be committing crimes against humanity — nor the United Nations has been able to stop President Assad’s murderous attack on civilians, which has resulted in continued destruction of life.

The world community acknowledges that the crimes and atrocities being perpetuated in Syria must end. However, the means by which such an outcome might be achieved remain a topic of debate. In an effort to facilitate discussion around this dilemma, the Peace Islands Institute’s Center for Global Affairs and the Istanbul-based Journalists and Writers Foundation collaborated to host an event on February 28 titled Responsibility to Protect: Implications to the Crises in Syria and Other Nations.”

The program included brief remarks from moderator Roy S. Lee, the permanent observer for the Asian-African Legal Consultative Organization to the United Nations and adjunct professor at Columbia University Law School, as well as presentations from Ambassador Herman Schaper, Permanent Representative of the Netherlands to the United Nations in New York, and Michael Doyle, the Harold Brown Professor of International Affairs, Law and Political Science at Columbia University.

Lee opened the program by addressing the dire circumstances in Syria. Specifically, he referenced nations’ attempts to persuade the United Nations Security Council (UNSC) to refer Syria’s case to the International Criminal Court (ICC), as well as the UNSC’s rejection of a draft resolution that would have “come close to Chapter VII actions.” He also highlighted Syria’s recent mobilization of chemical weapons and cited growing concerns among human rights groups that “the time to act is already overdue,” meaning that the next step is to invoke the Responsibility to Protect (R2P). Finally, he noted the United States’ announcement earlier that day that it would be pledging $60 million to assist opposition parties in Syria.

Following Lee’s introduction, Ambassador Schaper began by contrasting the action taken in Libya and the inaction in Syria with respect to the norm of R2P, highlighting how R2P itself was created with the intention of acting as a bridge between moral responsibility and legal obligations. In particular, Schaper referenced paragraphs 138 and 139 of the 2005 World Summit Outcome Document, which appear under the heading of “responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity,” and assert that while primary responsibility to protect lies with states themselves, the international community also has the duty to take collective action through the UNSC if states “manifestly fail” to uphold this responsibility. As such, Schaper called R2P an emerging norm that represents a “fundamental shift in the doctrine of sovereignty” and reflects “growing acceptance [of the belief that] a state is at the service of its citizens,” and not the other way around. In a similar way, he explained, “whether to act instead became an issue of how and when to act.”

Referring to recent successes of R2P in places like Guinea-Bissau, Kenya, and Libya, Schaper affirmed that “Syria is clearly an R2P situation” due to the crimes there, as well as the “clarity that the government of Syria is manifestly failing in its responsibility to protect.” He continually supported the use of R2P, given its validity, which lies in its “necessary legal basis through resolutions of the Security Council,” and suggested that the only viable option for Syria is to “go for a unified international approach to find a solution through a political tract.”

Professor Doyle expressed similar views, calling R2P “special” and “a landmark development in the international norm of human security.” Doyle’s subsequent remarks centered on what he termed the simultaneous license and leash offered by R2P. The license, he argued, is the capacity to “go beyond standard legal provisions seen in the UN Charter,” so as to invoke the “use of residual pressure” in crises like Syria. In contrast, the leash is represented by a restriction on the use of force to cover only four crimes (genocide, war crimes, ethnic cleansing, crimes against humanity), as well as on the authority for making such a determination – that is, a resolution issued by the UNSC.

After providing a quick overview of international law in relation to Chapter VII of the UN Charter, Doyle moved to the topic of legitimacy, and the question concerning when force could be used without UNSC approval. This discussion, he stated, was the impetus for the creation of the Canadian-led International Commission on Intervention and State Sovereignty (ICISS), which produced R2P in 2001 and presented it at the 2005 UN World Summit. In essence, by successfully narrowing down triggers for the use of force, R2P was viewed as something “that was within the purview of the Security Council,” and reflected both a license – the affirmation that the Security Council can, indeed, protect individuals – and a leash – that this exclusive authority is attached only to the UNSC.

In practice, Doyle cited the same examples mentioned by Schaper, and added a few words on the implications of R2P’s use in Libya and, so far, non-use in Syria, stating that some countries might now be feeling “buyer’s remorse.” Given that the crisis in Libya resulted in the death of Muammar Gaddafi and a subsequent regime change, Doyle commented on countries’ fears that R2P might be used in the future for purposes it was not initially intended to address. Nonetheless, Doyle strongly supported the positive potential offered by use of R2P in Syria, and offered two suggestions for action. First, he indicated the need for another conversation to take place on the circumstances under which R2P should be used. Second, Doyle said the UNSC should set up a subcommittee to monitor the implementation of R2P, upon its being authorized. The alternative, he surmised, would be a continued stalemate in Syria.

One of the most important concerns raised in the question-and-answer session was how to measure what is a “reasonable chance of success” as justification for military force under R2P. Doyle responded by underlining how difficult it is to ever prove successful prevention, as “we won’t know that [crimes] haven’t taken place” and thus cannot produce tangible evidence to support such claims. However, he did emphasize that the most essential component is the responsibility to rebuild – to help a people reestablish their own state – because “it would be a sad commentary on R2P if it was only [used for] military purposes.” Doyle concluded with perhaps an even better remark on “reasonable chance” criteria, insisting that success should truly be measured by whether or not it was acceptable to and accepted by those it hoped to – and hopefully did – protect.

Photo: Michelle Eberhard

An Open Secret:
Remembering the Victims of Nazi Eugenics

 By MICHELLE EBERHARD

Patricia Heberer discusses clandestine activity at the Hadamar Crematorium as part of the Nazi euthanasia program during World War II.

Patricia Heberer discusses clandestine activity at the Hadamar Crematorium as part of the Nazi euthanasia program during World War II.

Before the gas chambers at Auschwitz-Birkenau and the forced deportation of millions of Europe’s Jews, the Nazis’ plan for racial purity received a trial run at home, against Germany’s own handicapped and disabled. The idea for this operation was an outgrowth of eugenics, an applied science used by the Nazis with the aim of creating a super race, in which only those deemed “fit” would be allowed to procreate. This could be achieved through positive eugenics, which entailed promoting “fit” behavior, or negative eugenics, which meant that individuals deemed genetically inferior would be prevented from having children. By restricting births of those deemed less than human — individuals the Nazis often referred to as “life unworthy of life” — the master race could thus be progressively achieved within German society.

Initially, the Nazis approached eugenics by passing such legislation as the 1933 Law for the Prevention of Hereditarily Diseased Progeny and the 1935 Marriage Health Law.  The former included compulsory sterilization on the basis of nine neurological and physical hereditary afflictions, such as schizophrenia and hereditary blindness, and the latter further promulgated the idea of racial inferiority by disallowing Germans with particular hereditary disorders from legally marrying.

While discussion of genocide usually centers on the killing of members of a targeted group — the first of five definitions of the crime in Article 2 of the 1948 Genocide Convention — compulsory sterilization satisfies another condition for genocide. Specifically, Article 2(d) of the convention states that genocide includes “imposing measures intended to prevent births within the group,” as doing so would result in the eventual elimination of that particular people. In addition, given that many institutionalized individuals who were murdered by the Nazis during both its child and adult euthanasia campaigns were slowly starved to death, Article 2(c), “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part,” was also involved.

In short, euthanasia, an insidious plan that began under the guise of fake hospitals and the provision of allegedly legitimate medical care, swiftly evolved into the murderous campaign embodied in Operation Reinhard, and, ultimately, the totality of Holocaust extermination and death camps for Jews, Roma and Sinti, homosexuals, and all other “inferior” peoples under Nazi rule.

As part of its International Holocaust Remembrance Day commemorations, the Italian Academy for Advanced Studies at Columbia University hosted a panel on February 7 titled “The Unfit: Disability under Nazism and Fascism,” which focused on the plight of these oft-neglected, very first victims of Nazi genocide. The discussion featured Patricia Heberer and Susan Bachrach of the United States Holocaust Memorial Museum (USHMM), as well as the Guido and Mariuccia Zerilli-Marimò Chair of Contemporary Italian Studies at New York University, David Forgacs. Each provided a different perspective on how the Nazis’ quest for racial purity — and the memory of their victims — still has relevance for us today.

The first to speak, Susan Bachrach, focused mainly on the eugenics aspect of the Nazi campaign, and often referenced the USHMM travelling exhibition for which she is curator, Deadly Medicine: Creating the Master Race. In tracing the evolution of eugenics, which emerged as an early 20th-century field of study supported equally by scientists and academics around the world, she summarized the utopian vision that accompanied the science as being “aimed at some kind of perfection of the human race.” Citing both Darwin and Mendel’s work as starting points, Bachrach stated that “eugenics began as a reform problem that was looking at real problems — social and other.” Essentially, countries like Germany, Britain, and the United States saw eugenics as a potential solution to other issues that had plagued their societies. For Germany, a country devastated after World War I, this included in particular poverty and inflation.

As such, the stage was set for a leader like Adolf Hitler to translate eugenics from theory into practice. Indeed, as Bachrach showed during her presentation, Hitler was propagandized as the “doctor” of the German people, and he seized the ensuing political opportunity by employing both positive and negative eugenics tactics to establish a system of racial hierarchy that would eventually culminate in his “Final Solution” to “the Jewish problem.” As such, he exalted the role of the mother by issuing an Honor Cross of German Motherhood to women who had birthed various increments of children (positive eugenics), while also approving the implementation of hereditary family history cards and such hereditary laws as those previously mentioned (negative eugenics).

Bachrach was followed by her colleague, Patricia Heberer, who complemented Bachrach’s presentation on eugenics with her own work on euthanasia, the Nazis’ initial semantic justification for their murderous campaign. Heberer explained that the practice of euthanasia “aimed to restore the ‘racial integrity’ of the German nation,” and went on to discuss the Nazis’ shift from initially targeting children to eventually developing their adult euthanasia program, Aktion T-4, in which over 70,000 mentally ill and disabled Germans were murdered in six different gassing complexes from 1940 to 1941. During the one-year halt to this program, ordered by Hitler, Heberer stated that more than 100 T-4 workers were sent east, to use their “expertise” in the eventual development of death camps like Sobibor and Treblinka.

Importantly, Heberer emphasized that while hers and others’ research on the Nazi euthanasia program has had positive implications for our understanding of history, it has also “overshadowed [the victims’] individual existence and obscured their identity.” As such, the majority of her presentation was devoted to telling individual stories of victims of a Bavarian institution called Kaufbeuren, which was notorious for the savage starvation tactics it employed on its victims. In discussing her analysis of this institution, which has included extensive review of the medical personnel’s documentation, Heberer commented on “the ability or the inability to work” as one of the strongest indicators of a patient’s chances for survival in Kaufbeuren. This emphasis on keeping people around who were able to do work draws an obvious and eerie parallel to the selection criteria later used in concentration camps throughout Europe. In simplest terms, Heberer explained, “a constant need for care was a death sentence.”

The third and final speaker, David Forgacs, brought another element to the discussion by sharing a sample of his work on photographing places of social exclusion. Focusing primarily on mental health institutions during and after the fall of fascism in Italy, Forgacs commented on how the photography charged with telling this particular story had a “way of making these people ‘other’” by persuading its audience to “[look] at the strangeness of the person.” He accompanied his presentation by evaluating the shortcomings of photographic representation of social exclusion by discussing its sensational nature that ultimately “reinforces these people as different from us.”

As each of the panelists demonstrated, the stories of Germany’s handicapped and disabled are powerful and enduring. For her part, Bachrach concluded by saying, “I hope that all of this is a warning,” referring to modern scientific advancements like the human genome project and cloning initiatives — a warning about where we could go “without . . . thinking seriously where that kind of thinking [has] led us in the past.” Even more poignantly, Heberer summed up her remarks by simply reminding us that “those victims of silence still have much to tell us.”

Photo: Michelle Eberhard

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