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BY: ANTHONY DiROSA
On July 30th, 2013, the AIPR Blog described a deepening ethnic conflict in South Sudan’s Jonglei state fueled by cattle-raids and retaliatory attacks. South Sudan’s micro-level conflicts were worrisome for a new country seeking to reconcile and move forward from decades of war, but far more worrisome– and–dangerous was the larger militia-based violence between the SPLA and Yau Yau rebels that was driving the country into ruin from the top down. Since July South Sudan has experienced a sharp escalation in the severity and scale of its internal conflicts, but in a different way. An attempted coup d’état last month has ignited an internal power struggle, which has galvanized the formation of military/political factions along religious lines.
What initially began as a struggle for power between President Salva Kiir and his former Vice-President Riek Machar has now resulted in a situation where civilians, including women and children, are attacked simply because they belong to the other ethnic group. The intimacy between political and ethnic identities in South Sudan has allowed the situation to escalate beyond a political rivalry in Juba into towns and villages across the country, forcing seemingly amicable Nuer and Dinka neighbors to fear for their lives. For the mass atrocity/ genocide prevention community, South Sudan represents a nightmarish confluence of ethnic, political and identity-based factors so reminiscent of past conflicts in Rwanda, former Yugoslavia, and Burma.
Only two years removed from its hard-fought independence from Sudan, stability has proved illusive. While inter-communal conflict and sporadic violence have plagued the country during this time, the recent outbreak of widespread violence is unprecedented and surprising to many in the international community given its scale and severity. The crisis was not wholly unpredictable either.
Rising tensions within the Sudan People’s Liberation Movement (SPLM) have been public since mid-2012 when President Kiir, in a move characterized by many as dictatorial and unconstitutional, dismissed the entire cabinet as well as several democratically elected governors from neighboring states. These tensions reached a breaking point on December 14th when the top leaders of the SPLM criticized ex-Vice President Machar (who was dismissed in July) at an SPLM National Liberation Council meeting, prompting Machar and his allies to angrily walkout. What followed the next day––and whether or not it was a coup––has been debated extensively. Nonetheless, political divisions within the leadership in Juba have split the country along political/ethnic lines and led to widespread atrocities and attacks on civilian populations. Although the immediate cause of the South Sudan crisis stems from political instability in Juba, there are many deep-seeded, long-standing grievances that need to be unearthed in order to understand how to bring the country back from the brink.
Serving as a foundation for the political crisis in Juba (and the eventual outbreak of violence) were a myriad of deeply entrenched political and economic grievances. According to Mehari Taddele Maru, a research fellow at the NATO Defense College, these included: the persistent, undemocratic nature of the government in Juba, increasing competition over the country’s resources, particularly oil, and low levels of delivery of basic services to the public. “It was a matter of time before the SPLM leadership had to face the mounting grievances of the population” according to Maru. Christopher Zambakari and Tarnjeet K. Kang at African Arguments also posit that the “SPLM dysfunction reflects itself the dysfunctionality of the South Sudan state.” Dr. Peter A. Nyaba, a South Sudanese leader and former Minister of Higher Education and Scientific Research believes that the country’s problems (originating in the SPLM) stem from “failure of the leaders in Juba to organize functional government institutions sensitive to the concerns of the citizens, to develop distinct political ideologies [not based on ethnic affiliations] and the failure to institutionalize power relations within the SPLM.” According to Nyaba, these failures have amounted to an autocratic-like governance style that is supported by ethnic lobbies and backdoor business deals, thus turning state institutions into a “limited liability enterprise.”
This is partially due to the over-centralization of power in Juba since the formation of the South Sudanese state in 2011. With ethnically diverse communities outside the capital now being controlled from Juba and having their requests for constitutional accommodation denied by the SPLM, it is no wonder why tensions have finally boiled over. In fact, a 2011 Crisis Group report identified precisely the same problems and forecasted the danger of not reconciling grievances by failing to reshape political and institutional arrangements. The report warned of the dangers of the SPLM’s “politics of exclusion”, an overly centralized, authoritarian government in Juba, and stressed the importance of political accommodation over a “winner takes all mindset.” Furthermore, Crisis Group specifically pointed to the fact that decentralization had been championed in rhetoric but was being neglected in practice, and that the growing center-periphery dynamic in Juba would be replicating the model in Khartoum that the South had just escaped from. The premonitions many experts had in 2011 have been realized. The current leadership in Juba, by shifting their focus to winning political battles, ignored the growing discontent of its citizens and within the SPLM. They have not taken seriously the process of building an effective, transparent and responsive government in order to move the country forward.
Furthermore, according to Khalid Mustafa Medani at The Guardian, the SPLM has “stifled all criticism, delayed the implementation of badly needed constitutional and security reforms, and pushed through laws restricting the operation of non-governmental organizations.” The grievances directed at the SPLM also stem from the conduct of the state’s security forces that have unlawfully imprisoned journalists and activists and murdered numerous SPLM political opponents and rivals.
Another major factor behind the conflict in South Sudan is the battle for control of the nation’s oil producing regions, which has pitted factions divided along ethnic/political lines against one another, both in government and across the country. The fact that South Sudan’s oil industry accounts for 98% of the government’s revenues annually, making it the most dependent on oil revenues in the world, creates a highly politicized issue with a lot at stake within the SPLM. According to Medani, the government in Juba allocates 38% of oil revenue to military and security, and only 17% to education and infrastructure. Meanwhile, agricultural production has declined sharply over the last decade––80% of South Sudan’s population relies on livestock and agriculture for their basic needs. Oil revenues have been used by Dinka and Nuer leaders (within the SPLM) to forge ties and cut deals with local leaders in the oil-rich Unity and Blue Nile states along political/ ethnic lines. It is no coincidence that control of Bentiu and Malakal, the capitals of two oil rich regions, has been fiercely fought over by rebel and government forces in the last month. Luke Patey, a senior researcher at the Danish Institute for International Studies, believes that “the opposition hopes that by capturing the oil fields, they’ll gain the upper hand in cease-fire negotiations by halting the government’s main source of income.” While oil is not the cause of the conflict in South Sudan, one of the world’s least developed countries, Patey importantly points out that “oil is the prize at the conflict’s end.”
Since fighting began last month the toll on the people of South Sudan has been staggering. Witnesses and U.N. officials have reported severe human rights violations by both sides, including ethnic massacres, summary executions and widespread looting. The Satellite Sentinel Project, a human rights group, recently released images showing the destruction of civilian homes and markets in two South Sudanese towns, Mayom and Bor, by government and rebel forces. Furthermore, UN Assistant Secretary-General for Human Rights, Ivan Simonovic, claimed that mass killings, extrajudicial killings, arbitrary detentions and sexual have all been documented. “Quite a number of child soldiers have been recruited in the so-called White Army,” he said, referring to the Nuer tribe’s militia fighting in Jonglei state.
The UN has repeatedly warned that it is documenting and collective evidence of atrocities committed in South Sudan and would hold to account leaders on “all sides” if they failed to stop them. Despite reaching a preliminary ceasefire agreement this week in Adis Ababa, recent reports indicate that sporadic fighting and atrocities are continuing in disputed areas. South Sudan is unlikely to see lasting peace come quickly and easily given the scale of atrocities and destruction that has taken place in the last five weeks. The United Nations believes that over 10,000 have been killed and more than half a million have been driven from their homes. In Addis Ababa, Getachew Reda, spokesperson for Ethiopian Prime Minister Hailemariam Desaleg, conceded that “there has been so much bad blood involved now, and there is so much misunderstanding and hard feelings already for the last month, so it would be foolhardy to expect the two parties to come together just at the snap of a finger.”
The Way Forward
The path to peace, from Juba all the way to Unity, Blue Nile and Jonglei states, will be long and require both sides to address the long-standing issues that have existed even prior the country’s independence. Christopher Zambakari & Tarnjeet K. Kang at African Arguments recently stated, “Without resolving the societal issues facing South Sudan, democratizing the political party, opening up the political space, and addressing the root causes of the conflict, the country will only defer its problems to a later date.” Additionally, the authors at African Arguments believed the biggest obstacles to preventing future violence is reform of political and security sectors. “This includes the transformation of the SPLM from liberation movement into a democratic political party in addition to the completion of the disarmament, demobilization, and reintegration of rebel groups and the professionalization of the national armed forces,” they noted. Princeton N. Lyman, Jon Temin, Susan Stigan at Foreign Policy warned about the dangers of reaching a weak and narrow agreement in Addis Ababa. “Such a deal would ignore the broader population and its needs, perpetuate the trend of exclusionary and corrupt politics, and do nothing to address root causes of instability.”
The future of South Sudan must be guided by an inclusive and wide-ranging agreement involving different segments of society that addresses the fundamental, long-lasting problems in South Sudan’s political system. The only effective and sustainable approach to ensure stability for the people of South Sudan is one that tackles political devolution/ decentralization, the oil issue, the reconciliation of long-lasting political-ethnic rivalries, and justice for those responsible for mass atrocities and crimes against humanity. The costs of failing to do so would be too steep.
Are We Finally Getting it Right in the Central African Republic?
BY: ANTHONY DiROSA
On August 25th, 2013, I wrote about the slowly disintegrating situation in the Central African Republic in an attempt to join a growing chorus of voices seeking to sound the alarms that apparently weren’t being heard by the international community. Since then, as the crisis has grown more desperate, the world has started to take notice.
In November, UN Secretary-General Ban Ki-moon warned that “this cycle, if not addressed now, threatens to degenerate into a country-wide religious and ethnic divide, with the potential to spiral into an uncontrollable situation, including atrocity crimes, with serious national and regional implications.” Adama Dieng, UN Special Adviser on the Prevention of Genocide, added:
“We are seeing armed groups killing people under the guise of their religion. My feeling is that this will end with Christian communities, Muslim communities killing each other which means that if we don’t act now and decisively I will not exclude the possibility of a genocide occurring.”
The concern so many had about the simmering risk of large-scale mass atrocities has unfortunately been realized in the last month. A new and dangerous dynamic of inter-religious hatred and violence has taken off in CAR that has catalyzed a brutal cycle of atrocities and targeting of civilian populations. Around half of the country’s population is Christian while about 15% is Muslim. The Christian majority and the Muslim minority have historically co-existed peacefully. In recent months, Muslim Seleka rebels, who ousted former CAR President Francois Bozize in March 2013, have reportedly attacked Christian communities all over the country. “The danger is that this polarization has taken place along religious lines, which has never really happened in the past and that people are self-arming themselves and carrying out back and forth attacks against each other,” said Kyle Matthews, the Senior Deputy Director of the Montreal Institute for Genocide and Human Rights Studies.
In response, Christian militias have formed in an effort to fight back against Seleka militias. Due to newly formed fissures in CAR’s society, anti-Seleka Christians are targeting local Muslims whom they suspect are naturally aiding Seleka rebels. Furthermore, the conflict has attracted foreign jihadists from Chad and Sudan, set off targeted retribution by Christian militias on Muslim villages, caused the collapse of civilian authority and resulted in massive dislocation and food shortages.
Human Rights Watch reports that both sides are responsible for wonton acts of murder, rape, and looting. United Nations officials and the international community are deeply troubled by the sectarian tenor of the conflict, which is reminiscent of the early stages of past genocides in the region. In a briefing to the Security Council, the deputy secretary general, Jan Eliasson, called it “a vicious cycle that could very easily turn into mass atrocities.”
Reports out of CAR in the last several weeks have been so worrisome that international action became unavoidable. The UN Security Council passed Resolution 2127 last week, authorizing a joint French/AU operation in the Central African Republic. This will help strengthen an intervention force of up to 6,000 African troops, to be aided by 1,600 recently deployed French soldiers with support from the African Union. In the medium term, a UN Security Council-approved peacekeeping mission with up to 9,000 troops operating under “robust rules of engagement” could be necessary, according to Ban Ki Moon. “Member States of the United Nations now have the opportunity, and I firmly believe the responsibility, to prevent what has the high potential to result in widespread atrocities,” said Ban.
This sudden disbursement of support to CAR comes amidst an apex of violence in Bangui since the crisis unfolded earlier this year. Fighting in Bangui since last Thursday claimed at least 400 lives, according to Amnesty International. But the accuracy of these estimates is unverifiable; as many as 1,000 people may have been killed with many bodies being buried and taken away before they could be counted. Furthermore, on December 10th, two French soldiers were killed after a gun-battle ensued following attempts to disarm several Seleka rebels. Most of the foreign press and journalists are reporting from the capital region, Bangui, where over 30,000 civilians are holed up in the city’s airport, too afraid to leave its grounds. Tens of thousands may have already died in the more remote parts of the CAR, a country the size of France, according to independent journalist Gwynne Dyer.
Western countries have begun to step up their efforts. The US recently pledged $40 million for Central African peacekeepers and its armed forces will deploy military planes to help transport international peacekeepers from Burundi to Bangui in order “to prevent the further spread of sectarian violence,” said a Pentagon spokesman. The UK also pledged support by lending supply planes to the French and earmarking $25 million to CAR for humanitarian aid. The European Union has also contributed $50 million.
Despite these crucial immediate measures, it’s doubtful that 1,600 French soldiers will be able to restore long-term stability in the Central African Republic. These measures are at best a stopgap measure that represents a minimum commitment to restoring security in the short-term. The French mission, will at the very least, help reinforce the poorly equipped AU’s International Support Mission in the Central African Republic (MISCA) as it struggles to bring order back to the streets of Bangui. The latest reports claim that the French forces had indeed restored some stability in the capital in recent days. The French, who have already intervened in a similar fashion in Mali this year, also hope that the UN will send additional peacekeepers as quickly as possible. UN Secretary General Ban Ki-Moon recommended 6,000 to 9,000 men to be added as soon as possible.
Many groups and organizations, such as the International Crisis Group and Amnesty International, have laid out potential next steps in CAR that will help ensure short-term and long-term stability (as well as critiques of recent UN efforts). The general consensus is that more needs to be done both in the short-term and long-term to secure CAR’s future. According to Human Rights Watch’s United Nations Director Phillippe Bolopion, “If the post Rwanda and Bosnia ‘never again’ means anything, the U.N. Security Council needs to go all in to halt the spiraling killing in the Central African Republic.” Hinting at the need for further UN forces in CAR, Netsanet Belay, Africa Director at Amnesty International, said that “Before it’s too late to make a difference, the UN Secretary General must speed up his assessment of the peacekeepers’ impact on the ground — within weeks, not months — he must immediately start preparations for the deployment of a robust UN peacekeeping force to step in if and when needed.”
Others in the international community are also pessimistic about both the ability of the AU-French mission to alleviate the risk of mass atrocities and the willingness of the world’s powers to commit the necessary resources. Ty McCormick at Foreign Policy believes that “Even if a more robust international presence can bring the fighting under control—a prospect that is far from certain in a country roughly the size of Texas, much of which is densely forested — rebuilding a semblance of state authority will likely take years, if not decades.” The challenge ahead for the international community in CAR is undoubtedly daunting. Former US Ambassador to CAR, Lawrence D. Wohlers, believes that the “difficulty will be what happens next; the CAR government structures have been largely destroyed, so a robust peacekeeping force will probably be necessary for years. This will be costly.”
With the United Nations already carrying out 15 peacekeeping missions worldwide and Western militaries more focused on counterterrorism missions in the region, it’s hard to imagine that the necessary financial and political commitments will be made quickly enough to get CAR the support it needs. And as we learn at the Auschwitz Institute’s Lemkin Seminar, time is of the essence in situations where there are ongoing mass atrocities. “In societies with histories of ethnic violence, the cycle of killing will eventually spiral downward into the vortex of genocide,” warns Gregory Stanton in his article, “The Eight Stages of Genocide.” UNICEF Goodwill Ambassador Mia Farrow said six years ago that she felt CAR’s citizens were “the most abandoned people on earth.” If the proper short-term and long-term measures to bring CAR back from the brink aren’t made quickly and robustly, the observations Farrow made then will continue to ring true.
Bridging the Gap Between Words and Action: The Latin American Network for Genocide and Mass Atrocity Prevention
By: Chris Kousouros, Latin American Network for Genocide and Mass Atrocity Prevention Program Coordinator
If working on the political side of genocide prevention has taught me anything, it’s that there is an immense amount of awe-inspiring ideas conceived and bravely put forth every day. Often the only thing more impressive than an idea itself is the distance that exists between its initial utterance and its realization, even in its most basic form. This distance has claimed the lives of so many wonderful ideas.
So how does one successfully begin a regional network of governments focused expressly on the implementation of public policies and mandatory training for public officials on genocide and mass atrocity prevention? It started with a good idea—backed up by commitment and action.
We had just completed our intensive six-day Raphael Lemkin Seminar for Genocide and Mass Atrocity Prevention in Auschwitz, but officials from Argentina, Chile, Panama, and Brazil wanted to take prevention one step further.
The Lemkin Seminar consists of six days of training in the Auschwitz Concentration Camp, where all participants—typically mid-to-high-level government employees from all over the world—have the opportunity to listen to and interact with some of the leading voices in genocide and mass atrocity prevention. The seminar addresses prevention from all angles: from the history of the term genocide, to specific case studies, to a theoretical analysis of R2P, to a psychological analysis of perpetrators. You name it, they learn about it. Our aim at the Auschwitz Institute is to create a community of mid-level government workers around the world who have the know-how to react appropriately to warning signs in their own countries or abroad, and to take the necessary steps towards prevention.
Not bad, right? Well apparently the participants from Argentina, Chile, Brazil, and Panama wanted more. Their vision was to create a regional network of governments focused expressly on the implementation of public policies and mandatory training for public officials on genocide and mass atrocity prevention. The idea was that if a network was created with the goal of pooling resources, expertise, and political will to create a regional network of genocide prevention sensitive states, and not just individuals, the output could become greater than the sum of its parts.
But how to bridge the gap between such a lofty idea and reality?
First, officials from the four countries mapped out what the Latin American Network for Genocide and Mass Atrocities (the Network) would look like. They took the idea of our weeklong training seminar and figured out how to amplify its reach by developing a Latin American version of our training curriculum that would not just be offered to a handful of government officials a year, but would be implemented as mandatory training in each participating Ministry. The Network would utilize our training seminars bi-annually to develop a Latin American version of this curriculum. At the same time, the people who would attend these training seminars over the next three years (set to finish at the end of 2015) will then, in turn, pave the way for instructors who administer the curriculum in their home countries. This takes the old proverb of teaching a man to fish to the next level. Our global seminar reaches 20-25 people twice a year, but they found a way to spread this education to an entire region, making it self-sustaining at the same time. Kudos to you, Latin America.
But once again, this is only a great idea, now what? A Network like this would require a regional commitment the likes of which has never been seen, ever. But how does such a commitment take shape? Surely all 18 of the Latin American member states wouldn’t wake up one morning and decide to dedicate funding and personnel to prioritize genocide prevention in their national and regional agendas. No, surely not.
To gather the proper momentum and support, we needed the right time, place, partners, and audience for the announcement of the Network. Here’s how it went down:
Time: late March 2012. In the political context of the Arab Spring, most notably the ongoing debate on the implications for R2P (a major tool of prevention) after the Libya intervention, and only weeks after the formal indictment of Efraín Ríos Montt for genocide and crimes against humanity, signaling what could be a major step in norms of transitional justice (also a major tool of prevention).
Place: Buenos Aires, Argentina. Argentina, a founding member and a driving force in the creation of the Network, is also a global and regional leader in the implementation of processes of transitional justice following the Dirty War, not to mention one of the more influential countries in Latin America both economically and politically.
Announcers: The launching of the Network was announced by representatives of the Argentinean Foreign Ministry, as well as the Secretariats of Human Rights in Brazil, with the Auschwitz Institute and the Office of the Special Advisor to the Secretary General for the Prevention of Genocide and the Responsibility to Protect serving as advisors and acting supporters. The idea was that if representatives from two of Latin America’s most politically influential powerhouses, backed by a reputable international NGO and the United Nations say that the Network is being created, representatives from the other countries would, at the very least, listen.
Audience: Latin Americans. More specifically, representatives from the Ministries of Foreign Affairs, Defense, Justice, and Offices of the Ombudsmen from 18 Latin American countries. Why? Latin America is seen internationally as a leader in post conflict reconstruction and transitional justice, and is comprised of democratic states bearing the scars of past atrocities, in many cases assisted by the US during the Cold War. The founding members of the Network believed that the political will exists in this region to take the lead on genocide and mass atrocity prevention, and the initiative would be seen as internationally legitimate (not driven and/or controlled by the North), because some of the most ardent opponents of neo-colonialism are active members of the Network.
And they were right.
Today, after only 17 months since its inception, the Network has seen the successful completion of its first training seminar in Auschwitz, which was kicked off by words of wisdom from Mr. Adama Dieng, Special Advisor to the Secretary General on the Prevention of Genocide. “The achievements of the Latin American Network, after barely 15 months of existence, are already resonating worldwide,” said Dieng.
The Network currently has 11 national initiatives fully functioning, ranging from regional high-level briefings on the Network and genocide prevention, to mini-training seminars for entire governments, peace-keeping troops, national police, and diplomatic academies on genocide and mass atrocity prevention, as well as managing relations between governments and their indigenous populations. Two national mechanisms for genocide prevention have been created within the governments of Argentina and Paraguay, which act as a structural base upon which the goals of the Network are managed by the entire government and civil society, and not just an individual focal point.
What’s more, the Network has since become an example to follow throughout the world, as shown by the recently created African Network for Genocide and Mass Atrocity Prevention, modeled after its Latin American counterpart. The Latin American Network is referenced constantly by high level UN and government officials as an example of regional cooperation in mass atrocity prevention, and was recently included in the UN Secretary General Report, The Responsibility to Protect: State Responsibility and Prevention.
And this just the beginning—there is much work to be done. But through the Network, Latin America has provided a clear example of how, with the right amount of political will and determination, one can indeed bridge that seemingly insurmountable distance that exists in international politics between lofty words and effective action.
“Goals and Dreams”:
Honoring Rwanda’s Memory and Looking to the Future
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
In this edition of the Auschwitz Institute podcast, Jared Knoll speaks to Kate Doyle, a senior analyst for the National Security Archive in Washington, DC, whose work has been key to putting together the facts of the genocide against Guatemala’s Mayans under the country’s military dictatorship in the 1980s. She went into Guatemalan records and tracked the chain of command that allowed lawyers representing victims to get a ruling in Spain classifying the case as a genocide. Last year she received the ALBA/Puffin Award for Human Rights Activism last year, and currently she is conducting new research into mass atrocities in Guatemala.
Welcome, I’m Jared Knoll with the Auschwitz Institute. Today we’re looking at the criminal trial of Efraín Ríos Montt, who is considered to be at the center of culpability for the mass killings in Guatemala, which came to a peak under his dictatorship in the ’80s. He faces charges for 15 massacres in the Ixil region, and the deaths of 1,771 unarmed men, women, and children during his reign in 1982 and 1983. The trial opened at the end of January with Montt facing charges of genocide and crimes against humanity.
Speaking with me now is Kate Doyle, a forensic archivist working for the National Security Archive in DC. She played a major part in tracking down the chain of command that allowed lawyers to get a ruling in Spain that the case amounted to genocide, which has led us to the ongoing trial. Hello, Kate. It’s good to have you here with us.
Hi, Jared. Thanks for having me.
Can you tell us a little bit about the factors leading up to this historic trial and the work you’ve done contributing to it?
Sure. The efforts on the part of Guatemalans to bring Ríos Montt and the senior military command, and many others, to justice, since the end of the long, 36-year civil conflict in 1996, has itself traveled a very long road. The initial filing on the charges of genocide and charges against humanity against Ríos Montt and seven of his co-conspirators, in Spain, took place in 1999. So, many years ago, the case was filed by a well-known Mayan activist in Guatemala named Rigoberta Menchú, the winner of the Nobel Peace Prize many years ago. Rigoberta filed the case shortly after the Spanish court had indicted General Augusto Pinochet of Chile, in an effort to try him under the principle of universal jurisdiction for crimes committed in his country. That took place in 1998. So Menchú and the organizations and massacre survivors that she represented decided to file a case based on the same model of international human rights justice in 1999. And that case began to work slowly, slowly through the system of the court in Spain.
And in the meantime, in 2000, the following year, again, a group of survivors that belonged to an organization called the Association for Justice and Reparations, and another group, the Centre for Human Rights Legal Action, inside Guatemala — these are Guatemalan activist organizations — filed a case in the Guatemalan national court, charging Ríos Montt and his senior military command with genocide and crimes against humanity in, again, the year 2000. That process, that parallel process, has brought us to the point we are today, with the Guatemalan case actually going to trial finally, earlier this year.
What significance does it have for the victims and their families?
Well, this is an extraordinary development, obviously. The survivors of the massacres and the family members of those who did not survive have been working to see this day for 30 years. So you can imagine that there is a tremendous amount of sort of supressed excitement — sometimes not so suppressed; people do shout out and applaud sometimes in the courtroom — but in general, people are there to observe and listen, and there is a tremendous amount of hope. People have come on buses from all over the country in this particular trial, since it focuses on an area of one of the rural departments of Guatemala known as the Quiché. The Ixil communities that were affected by the massacres in that region in 1982 have sent representatives down to Guatemala City to observe the hearings: the various presentation of evidence, and the arguments of the defense and prosecution to this point.
So it’s really been a very emotional experience for many, many people to watch this unfold, as slow and considered as it has been. And it is a very, very important victory, I think, for those communities. Just to see this man, and in this case his senior military intelligence chief, José Rodriguez, have to sit in the courtroom and listen to the presentation of the case by the prosecution. That alone has been really quite an extraordinary experience for people.
So it’s quite important, then, that this case is being tried in a national court, rather than an international tribunal?
It is. I mean, I think it’s the international case, the case introduced by Rigoberta Menchú and many others, in 1999 in Spain, has been a critical catalyst, pressure, prod for the national case. So in no way would I want to diminish the importance of that effort and that process, because that has had a very particular and powerful effect on getting this national case to move along.
That said, of course it is especially resonant for people, and powerful for people, to see Guatemalan lawyers in a Guatemalan courtroom, arguing before a Guatemalan judge, on the outlines of these terrible crimes that were committed by the Guatemalan military against its own citizens. So yeah, it has a special power, the fact that this is being held in a national court, and I think it’s important to recognize that there really isn’t another case we can think of around the world where a country has been willing and able to try one of its own former heads of state on charges of genocide, in its own court, without international support and contribution, and the presence, usually, of international judges. So this is really groundbreaking, I think, all around the world, in terms of international justice.
How do you think that Ríos Montt has been able to escape this for so long and remain immune, immune to these charges?
Ríos Montt’s ability to avoid prosecution on human rights crimes is the result of a confluence of all kinds of factors. First of all, the war didn’t end until 15 years after the crimes in this particular case were committed. So you had an armed internal conflict continuing all this time, and the Guatemalan military was an absolute front, center player in Guatemalan politics, government, security, the economy, every aspect of Guatemalan life until very, very recently. Another reason is that Ríos Montt in the early 1990s created a political party and became a member of congress. And that gave him immunity, for years and years, from prosecution of any kind related to the wars.
And that, I think, is linked to a third reason why it has taken so long for Ríos Montt to be tried, and that is the Guatemalan justice system was severely damaged during the civil conflict. The military stocked it with judges who were either former military people, relatives of military, or just friends to the military: very conservative, very supportive. Also, the judiciary system was systematically targeted for intimidation, threats, attacks, murders. There were a number of judges that were murdered both during and after the conflict.
So all of these factors — the ongoing war that lasted well into the 1990s; Ríos Montt’s own immunity that he managed to get by becoming a member of congress, even from the worst, most heinous crimes imaginable, such as genocide or the crimes against humanity with which he’s charged now; and the weakness of the justice system in Guatemala — all of that, plus the just across-the-board lack of political will to try members of the military for human rights crimes, conspired to delay and obstruct the process of justice for decades.
What implications do you see this having in the field of human rights law, specifically dealing with cases of mass atrocities?
One of the reasons this trial happened is because of the pressure that was brought to bear on the Guatemalan justice system, and the government in general. Internally, there was an incredibly sustained, committed amount of work that went on, on the part of the survivors’ organizations, the human rights groups, and the organizations committed to human rights justice there. But internationally, the role that the Spanish case played in continuing to push this on, and continuing to focus international attention on this case was also critical.
Is there anything exceptional about this particular case of these 15 massacres that allowed that to happen?
One of the elements that has been exceptional, and I think this is also critical for these trials, has been the identification of evidence. In the case of the Guatemalan Ixil region, where these 15 massacres — as opposed to the hundreds of other massacres that took place during the conflict — were carried out, is that number one, there have been multiple exhumations done: the unburying of the massacred dead over the last 15 years. And those exhumations have been done almost exclusively by a nongovernmental organization called the Forensic Anthropology Foundation of Guatemala.
They have been able to compile extraordinary, powerful evidence of the identification of the people found in these mass graves, hundreds and hundreds of men, women and children. They’ve been able to put together profiles on the kinds of people targeted, and clearly these were not all men carrying weapons. These were people of all ages, down to infants, who often had their hands tied, or had been blindfolded, or otherwise constrained before killed. So this kind of data, matched with a DNA laboratory in Guatemala City, where the office has its headquarters — that has been crucial for the development of the evidence in this case.
And the other piece of evidence that has been central to the case has been the appearance of documents from inside the Guatemalan military command. These are records that were provided to the National Security Archive by sources that have requested anonymity, but we’ve been able to, over the course of many months, verify the authenticity of these materials. And these are basically both the commands — on the part of the Guatemalan senior military command, back in 1982, to carry out the scorched-earth operations that targeted these Ixil communities — and the reports from the field, as the patrolling units were walking through the villages and encountering civilians and killing them; encountering fields of corn and burning them down so people wouldn’t have food to eat; encountering peoples’ homes and schools and churches, and razing them to the ground. These reports were sent back up the chain of command to the army chief of staff in Guatemala City, and we now have these reports, and they are at the heart of this case.
Sounds like this is just the beginning. Do you think there is a possibility that U.S. officials could end up being charged in connection with the crimes?
Well, who would charge them, Jared? I think that’s the problem. It is certainly going to be a closely examined question as to precisely who within the U.S. government supported, aided, abetted the doctrine and the strategy behind these counterinsurgency operations. It will be a closely examined question whether or not the United States provided material assistance of any kind. And it will be an equally closely examined question as to what extent U.S. officials were responsible for how that war was waged and the civilian deaths that resulted. The problem with that line of inquiry is what comes next? Who is going to take on an indictment of U.S. officials for the crimes of genocide in this case, or for aiding and abetting the human rights violations that took place?
I know that in Spain, Balthazar Garzón, the judge in the Pinochet case, did try to open an investigation, and I know that U.S. officials — we know through the Wikileaks documents — flew to Spain to pressure the Spanish government to drop that case. So I think that’s a fascinating and worthy investigation to carry out, and I will be very curious to see how that would be implemented, and in what court, under what legal jurisdiction.
Well, thank you so much for being here with us, Kate. It was a pleasure to have you.
All right, Jared. Thanks for the invitation. It was great talking.
Why the Whole World Should Be Watching Argentina
By ALEX ZUCKER
On Dec. 19, 2012, a federal court in Argentina sentenced 16 men to life in prison for crimes against humanity during the country’s 1976–83 military dictatorship.
These crimes—kidnapping, torture, murder, and sexual violence—were planned and carried out, by military and civilian officials alike, against activists who opposed the right-wing regime. The number of victims is estimated at 30,000 children, women, and men.
And the judges declared it a genocide. This is why the world should be watching.
On Dec. 9, 1948, the United Nations Convention on the Prevention and Punishment of the Crime of Genocide was the first human rights treaty adopted by the General Assembly—even before the Universal Declaration of Human Rights.
Sharp-eyed observers will notice, however, that the Genocide Convention offers protection only to national, ethnic, racial, and religious groups. Political, gender, and sexual identity groups, among others, do not qualify.
This makes it difficult to punish the crime, as the Argentinian scholar Daniel Feierstein explains, “given that nearly all modern genocides are, to some degree, politically motivated.”
In order to resolve this dilemma, Feierstein and his Argentinian colleagues argue that the concept of “partial destruction of a national group” may be interpreted to apply to groups not currently protected under the Genocide Convention.
In Argentina, for example, when the state kidnapped, tortured, murdered, and raped people who opposed the military regime, it was in fact destroying part of a national group: Argentinians—in this case defined by their political stance.
Based on this argument, the judges in Federal Oral Criminal Court No. 1 of La Plata declared that although the men they sentenced on Wednesday were guilty of crimes against humanity, their actions had been aimed at the extermination of a national group and therefore amounted to genocide.
While on the whole the world may be getting less violent, as Steven Pinker claims, it still depends who you are. Ethnic minorities and indigenous peoples; gays and lesbians; women—all remain at risk of being targeted by governments for violence, even outright physical destruction, because of their identity, because of who they are.
Last month’s verdict in La Plata offers a breakthrough approach to punishing those who seek to destroy human identity. Punishment is not enough, of course. The Genocide Convention is also about prevention. But Argentina has taken a step in a new direction. Down the road, it may save lives.
The situation of the Rohingya people in Burma remains dire. Even as President Thein Sein has launched political and economic reforms to move the country away from its authoritarian past, and even as Aung San Suu Kyi, Burma’s champion of human rights, has been freed from house arrest and is now in the middle of an historic, emotional, and heavily publicized visit to the United States, there is still a threat of genocide for the Rohingya.
With this in mind, Christine Lim traveled to the campus of Columbia University on Sept. 14 for a discussion titled “Burma in Transition: Minorities, Human Rights, and Democratic Process.” Speakers for the event were Amartya Sen, 1998 Nobel Prize laureate in Economics; Wakar Uddin, director general of the Arakan Rohingya Union; T. Kumar, director of international advocacy for Amnesty International USA; and Elaine Pearson, deputy director of the Asia Division at Human Rights Watch.
Opening the event was Wakar Uddin of the Arakan Rohingya Union and the Burmese Rohingya Association of North America. His graphic, eye-opening slideshow relayed the horrific facts of everyday life for the 800,000 Rohingya Muslims who live in Burma as a stateless minority with virtually no rights, having been stripped of their citizenship in 1982.
Even those who have lived in the country for generations are denied citizenship and birth certificates, Uddin said. They need permission from the state to reproduce at more than the replacement rate, marry, or travel outside their villages. Illiteracy is incredibly high among Rohingya, and fewer than 1 percent of them graduate from high school. Uddin described land confiscation, arbitrary arrests, and forced labor as rampant, and incidents of armed child soldiers waiting outside mosques to ambush attendees. He also said that the police routinely engaged in a practice officially known as “population reduction monitoring,” illustrating the sinister-sounding policy with a photograph of an old man shot to death.
Uddin declared that the Burmese government’s “massive ethnic cleansing” of the Rohingya, carried out with the help of the military, amounted to genocide and that full citizenship for the Rohingya was the only viable long-term solution. To this end, Uddin called on the audience to pressure the international community not only to supply aid but also to press Rangoon to repeal the 1982 citizenship law. He also urged the current Burmese government to grant the right to return to the estimated 1.5 million Rohingya who have fled to neighboring countries.
Elaine Pearson of Human Rights Watch said she recently visited Burma and did see some unexpectedly good changes in limited areas such as Rangoon, but that in Arakan the situation had only gotten worse. She expressed hope that Aung San Suu Kyi would take a more definite stand on the Rohingya issue during her tour of the United States.
Although Suu Kyi has shown concern over other Burmese social issues, such as the continued recruitment of child soldiers and prostitutes, she has remained silent regarding the treatment of the Rohingya minority in Burma. When asked during her June visit to Oslo, where she received the Nobel Peace Prize she was awarded in 1991, whether she thought Rohingyas should be considered citizens, Suu Kyi replied, “I do not know.”
Pearson pointed out that President Thein Sein and the National League for Democracy, Suu Kyi’s party, agreed on the confinement of Rohingyas in refugee camps and warned listeners not to be misled by the romantic idea of “cease-fire capitalism,” borne of the highly publicized peace agreements, signed but not acted upon, between Rangoon and military forces representing ethnic minorities. She said it was dangerous that civil society had been left out of discussions about the distribution of limited natural resources, since ethnic minorities were likely to lose out as a result. Pearson also stated that military reform would be necessary for positive steps toward democracy and human rights, because the military was currently “not on board” with those goals.
T. Kumar, of Amnesty International USA, spoke in greater detail about the difficulties of attending school, finding a job (as opposed to forced labor), or seeking medical care without citizenship and the right to travel freely.
Amartya Sen, the best-known of the speakers, urged listeners to keep a sense of balance with regard to the plight of the Rohingya, to avoid being either too discouraged or complacent about acting to improve matters where possible. He characterized the issue as a modern problem not only of human rights but of citizenship, saying what was necessary was a non-sectarian approach that truly sought to understand the tensions between ethnicities, as the problem was a complex one, stretching across religious, ethnic, and linguistic boundaries, and could not be solved by what he called a kind of wishy-washy “secularism” that insists upon giving the same five minutes of recitation from various holy texts before every communal gathering.
In a speech at the Asia Society on Sept. 18 in Washington, DC, Suu Kyi touched upon the conflict in Rakhine state, though she limited her discussion to abstract principles rather than concrete policies, such as the granting of citizenship, framing them as the responsibility of the government, as opposed to that of her party, the NLD:
“The government has formed a commission to look into the situation in the Rakhine. The NLD [. . .] want to give the government all the opportunities it needs to diffuse the situation there and to bring about a peaceful settlement. We do not want to criticize the government just for the sake of making political capital. We want to help the government, in any way possible, to bring about peace and harmony in the Rakhine state. Whatever help is asked from us, we are prepared to give—if it is within our ability to do so. But it is not for us—we are not in a position to decide what we do and how we operate—because we are not the government. I think this has to be understood by those who wish the NLD to do more. What we can do is to declare our principles and our preparedness to help in every way we can. [. . .] But I am not going to talk about the Rakhine issue in greater detail now.”
Ahmed Harun, governor of the Sudanese state of South Kordofan, has been caught on film giving orders to the Sudanese army that may be interpreted as encouraging troops to commit war crimes against rebels.
In the video, published by Al Jazeera yesterday, Harun, who has already been indicted by the ICC for crimes against humanity in Darfur, instructs his soldiers to “take no prisoners” in a speech delivered just before his soldiers enter rebel territory.
Says Harun: “You must hand over the place clean. Swept, rubbed, crushed. Don’t bring them back alive. We have no space for them.”
According to United to End Genocide, civilians in South Kordofan are not only in immediate danger of suffering direct, undifferentiated violence simply by virtue of living there, but are also in danger of starvation due to the ongoing conflict’s interference with adequate farming and the delivery of food aid.
ICC Chief Prosecutor Luis Moreno-Ocampo called for Harun’s arrest, saying: “A commander has a responsibility to ensure that his troops are not violating the law. He cannot encourage them to commit crimes. ‘Take no prisoners’ means a crime against humanity or a war crime, because if the prisoner was a combatant it is a war crime and if the prisoner was a civilian it’s a crime against humanity.”
Advocate Eric Reeves, who has written extensively about Khartoum’s aerial military attacks on civilians throughout Sudan, recently wrote an article for the Sudan Tribune calling for pressure on Khartoum to accept the multilateral humanitarian access proposal put forth jointly by the African Union, the Arab League, and the United Nations.
On March 29, the U.S. Senate unanimously passed a resolution urging the government of Sudan to allow immediate and unrestricted humanitarian access to, among other regions, South Kordofan and Blue Nile. The resolution also encourages the two Sudans to cease hostilities, return to negotiations, and allow any peaceful civilians in the area to voluntarily leave and take refuge somewhere safer.
The Foundation for the International Prevention of Genocide and Mass Atrocities has put forth an Initiative for the Improvement of European Union Capabilities to Prevent Genocide and Mass Atrocities. The rationale behind it is the importance of distinguishing between preventing conflict and preventing mass atrocities. The aim of the initiative is
“raising the awareness of the need to respond more effectively to the threats of genocide and mass atrocities by establishing a dedicated Task Force of European academics, experts and practitioners that will launch a series of consultations at the European level. This round of consultations and research will result in the elaboration of a Report assessing the current EU capabilities in the realm to prevent mass atrocities, which will be submitted to EU institutions and Member States.”
The Report has three main goals–to review and evaluate the EU’s existing tools for preventing mass atrocities, to develop practical policy recommendations to enhance responses to emerging threats of mass atrocities, and to highlight genocide prevention as a mainstream EU priority. It is slated to be released in December 2012 and will consist of five core chapters:
- Warning/Current Intelligence: warning about and verification of atrocities;
- Pre-Crisis Engagement: promoting security and human rights in countries under stress;
- Preventive Diplomacy: halting and reversing escalation toward mass violence;
- Intervention: intervening to stop ongoing atrocities;
- International Cooperation: creating synergies between the EU and the wider international community,
each of which will “consider the extent to which the EU’s current capabilities are adequate vis-à-vis the ideal requirements of an integrated genocide prevention strategy.” The 70-page Report will also include conclusions and recommendations.
Last month, the Global Action to Prevent War network sponsored an event at the United Nations, Integrating Gender Perspectives into the Third Pillar of the Responsibility to Protect (RtoP). Within this context, they prepared a draft Background Concept Note on gender and RtoP to be utilized at policymaking workshops. In recent years, the UN has sought to address the problem of sexual violence committed against civilians in conflict zones but women are not a protected group under the UN Convention on the Prevention and Punishment of the Crime of Genocide. And while the term gendercide has gained more widespread use since its introduction in 1985, the fact remains that rape and sexual violence targeting females have long been tools of war and are often components of genocide itself. Though women can certainly be considered potential victims of mass violence, they also play an integral role in effecting stability and change. As such, the crux of the Background Concept Note lies in the following proposal:
1. At the international level, UN Member States should do more to highlight roles that women are already playing in the prevention of mass atrocities, and also do more to increase women’s direct participation in a wide range of peace and security initiatives, as set out in SCR 1325.
2. At the national level, RtoP strategic discussions relating to the general implementation of the norm should highlight the significance of women’s contributions (as leaders in conflict prevention, as aids to survivors and ex-combatants, as national focal points for RtoP discussion and strategic planning, etc) in such implementation strategies.
3. Member States should be encouraged to include RtoP language in the development of their National Action Plans (NAPs) on 1325 to help highlight the roles that women can and are already playing in calling attention and responding to the threat of mass atrocities.
This framework complements the Women Under Siege project, which was also launched in February 2012. Per its mission statement, the project has two main components:
1. A public education plan to demonstrate that rape is a tool of war (not only a crime of war, but also a strategic tool). This plan includes testimony from and partnership with survivors of modern wars from Bosnia to Darfur.
2. An action plan to push for the creation of legal, diplomatic, and public interventions to ensure the United Nations, international tribunals, and other agencies with power will understand the gender-based threats as a tool of genocide and will design protocols to intervene and halt gender-based genocide.