Another Window on the World

Get Involved in the United Nations Foundation: Girl Up Campaign

noreply@blogger.com (AngelaJoTM) — Thu, 05 May 2011 12:30:00 +0000

Girl Up, a campaign of the United Nations Foundation, gives American girls the opportunity to channel their energy and compassion to raise awareness and funds for programs of the United Nations that help some of the world’s hardest-to-reach adolescent girls. Through Girl Up’s support, girls have the opportunity to become educated, healthy, safe, counted, and positioned to be the next generation of leaders.

Nominate a girl entering 7th to 12th grades to be a Girl Up Teen Advisor. You could nominate a high school girl who volunteers for your program, or a refugee client in high school who is helping her community.

For more info and to nominate: http://www.girlup.org/blog/nominate-a-girl-up-teen.html

While girls in the United States are more educated, socially connected, and empowered than ever before, many girls in developing countries still struggle for the opportunity to go to school, see a doctor, or be included in their communities.

By joining Girl Up, a campaign of the United Nations Foundation, you can become a powerful force of change uniting girls to change the world!

An Argument Against Despair

noreply@blogger.com (AngelaJoTM) — Tue, 01 Mar 2011 00:46:00 +0000

There are moments in history, much like the ones we live today, during which those of us in the public service, social services and social justice sectors want to pull our hair out. Collective cries of indignation arise when we are faced with the inane choices and decisions of "elected officials" who, for example, want to:

Yet, now more than ever, we must remain firm in our belief in and work towards the possibility that things will get better and the tide will turn again.

With that, I leave you with this "Letter to a Young Activist in Troubled Times" by Clarissa Pinkola Estés. It provided a much needed shot of hope and vigour for me.

* * *

Mis estimados:

Do not lose heart. We were made for these times.

I have heard from so many recently who are deeply and properly bewildered. They are concerned about the state of affairs in our world right now. It is true, one has to have strong cojones and ovarios to withstand much of what passes for "good" in our culture today. Abject disregard of what the soul finds most precious and irreplaceable and the corruption of principled ideals have become, in some large societal arenas, "the new normal," the grotesquerie of the week. It is hard to say which one of the current egregious matters has rocked people's worlds and beliefs more. Ours is a time of almost daily jaw-dropping astonishment and often righteous rage over the latest degradations of what matters most to civilized, visionary people.

…You are right in your assessments. The lustre and hubris some have aspired to while endorsing acts so heinous against children, elders, everyday people, the poor, the unguarded, the helpless, is breathtaking. Yet ... I urge you, ask you, gentle you, to please not spend your spirit dry by bewailing these difficult times. Especially do not lose hope. Most particularly because, the fact is — we were made for these times. Yes. For years, we have been learning, practicing, been in training for and just waiting to meet on this exact plain of engagement. I cannot tell you often enough that we are definitely the leaders we have been waiting for, and that we have been raised since childhood for this time precisely.

…I grew up on the Great Lakes and recognize a seaworthy vessel when I see one. Regarding awakened souls, there have never been more able crafts in the waters than there are right now across the world. And they are fully provisioned and able to signal one another as never before in the history of humankind. I would like to take your hands for a moment and assure you that you are built well for these times. Despite your stints of doubt, your frustrations in arighting all that needs change right now, or even feeling you have lost the map entirely, you are not without resource, you are not alone. Look out over the prow; there are millions of boats of righteous souls on the waters with you. In your deepest bones, you have always known this is so. Even though your veneers may shiver from every wave in this stormy roil, I assure you that the long timbers composing your prow and rudder come from a greater forest. That long-grained lumber is known to withstand storms, to hold together, to hold its own, and to advance, regardless.

…We have been in training for a dark time such as this, since the day we assented to come to Earth. For many decades, worldwide, souls just like us have been felled and left for dead in so many ways over and over – brought down by naiveté, by lack of love, by suddenly realizing one deadly thing or another, by not realizing something else soon enough, by being ambushed and assaulted by various cultural and personal shocks in the extreme. We have a history of being gutted, and yet remember this especially … we have also, of necessity, perfected the knack of resurrection. Over and over again we have been the living proof that that which has been exiled, lost, or foundered – can be restored to life again. This is as true and sturdy a prognosis for the destroyed worlds around us as it was for our own once mortally wounded selves.

…Though we are not invulnerable, our risibility supports us to laugh in the face of cynics who say "fat chance," and "management before mercy," and other evidences of complete absence of soul sense. This, and our having been to Hell and back on at least one momentous occasion, makes us seasoned vessels for certain. Even if you do not feel that you are, you are. Even if your puny little ego wants to contest the enormity of your soul, that smaller self can never for long subordinate the larger Self. In matters of death and rebirth, you have surpassed the benchmarks many times. Believe the evidence of any one of your past testings and trials. Here it is: Are you still standing? The answer is, Yes! (And no adverbs like "barely" are allowed here). If you are still standing, ragged flags or no, you are able. Thus, you have passed the bar. And even raised it. You are seaworthy.

…In any dark time, there is a tendency to veer toward fainting over how much is wrong or unmended in the world. Do not focus on that. Do not make yourself ill with overwhelm. There is a tendency too to fall into being weakened by perseverating on what is outside your reach, by what cannot yet be. Do not focus there. That is spending the wind without raising the sails. We are needed, that is all we can know. And though we meet resistance, we more so will meet great souls who will hail us, love us and guide us, and we will know them when they appear. Didn't you say you were a believer? Didn't you say you pledged to listen to a voice greater? Didn't you ask for grace? Don't you remember that to be in grace means to submit to the voice greater? You have all the resource you need to ride any wave, to surface from any trough.

…In the language of aviators and sailors, ours is to sail forward now, all balls out. Understand the paradox: If you study the physics of a waterspout, you will see that the outer vortex whirls far more quickly than the inner one. To calm the storm means to quiet the outer layer, to cause it, by whatever countervailing means, to swirl much less, to more evenly match the velocity of the inner, far less volatile core – till whatever has been lifted into such a vicious funnel falls back to Earth, lays down, is peaceable again. One of the most important steps you can take to help calm the storm is to not allow yourself to be taken in a flurry of overwrought emotion or despair — thereby accidentally contributing to the swale and the swirl. Ours is not the task of fixing the entire world all at once, but of stretching out to mend the part of the world that is within our reach. Any small, calm thing that one soul can do to help another soul, to assist some portion of this poor suffering world, will help immensely. It is not given to us to know which acts or by whom, will cause the critical mass to tip toward an enduring good. What is needed for dramatic change is an accumulation of acts — adding, adding to, adding more, continuing. We know that it does not take "everyone on Earth" to bring justice and peace, but only a small, determined group who will not give up during the first, second, or hundredth gale.

…One of the most calming and powerful actions you can do to intervene in a stormy world is to stand up and show your soul. Soul on deck shines like gold in dark times. The light of the soul throws sparks, can send up flares, builds signal fires ... causes proper matters to catch fire. To display the lantern of soul in shadowy times like these — to be fierce and to show mercy toward others, both – are acts of immense bravery and greatest necessity. Struggling souls catch light from other souls who are fully lit and willing to show it. If you would help to calm the tumult, this is one of the strongest things you can do.

…There will always be times in the midst of "success right around the corner, but as yet still unseen" when you feel discouraged. I too have felt despair many times in my life, but I do not keep a chair for it; I will not entertain it. It is not allowed to eat from my plate. The reason is this: In my uttermost bones I know something, as do you. It is that there can be no despair when you remember why you came to Earth, who you serve, and who sent you here. The good words we say and the good deeds we do are not ours: They are the words and deeds of the One who brought us here. In that spirit, I hope you will write this on your wall: When a great ship is in harbor and moored, it is safe, there can be no doubt. But … that is not what great ships are built for.

…This comes with much love and prayer that you remember who you came from, and why you came to this beautiful, needful Earth.

Human Trafficking is Modern Day Slavery

noreply@blogger.com (AngelaJoTM) — Wed, 29 Dec 2010 17:36:00 +0000

The Central Texas Coalition Against Human Trafficking -of which I am member- has created the following public service announcements in English and Spanish, to raise awareness about the issue of Human Trafficking:

(English Version)

(Spanish version)

Please feel free to disseminate this as you see fit. Human Trafficking is a real problem and increasing awareness of it, is a step in the right direction.

Nine years later

noreply@blogger.com (AngelaJoTM) — Sun, 12 Sep 2010 04:38:00 +0000

I tend to avoid being too personal in this blog forum. Inevitably though, at times theory, politics and the personal realm all mix.

If I look back on September 11, 2001, I can remember the exact sequence of events that led up to my realizing that the world as I knew it had changed forever.

I woke up, and as I always do, went straight to my computer to check my e-mail. Back then, I used AOL to go online. If any of you used AOL back then, you might remember how as soon as you signed on there were news blurbs. (It may still be the same, I don’t know, I stopped using their service many moons ago.) I recall seeing the image of the first plan crashing into the first tower and I thought with a headline that read something along the lines of: “Plane strikes World Trade Center”. The precise language escapes me. I remember thinking it was an ad for some Hollywood movie or a hoax, and then I opened my mailbox. Not a minute later, something clicked in me and I went to the living room to check the news, to see if something had really happened.

And it did. Devastating, horrible things happened that day. Thousands of people lost their lives. Devastating, horrible things have happened since with the intent of fixing this unfixable wrong. Tens of thousands of people have lost their lives since.

Yet none of what has been done has served to bring the back the lives or innocence lost. Furthermore, in my honest, humble opinion, few, if any, of the initiatives taken have made the world a better place than it was then.

Religious extremism on every side of the equation is even more rampant today than before. Diversity is a devalued currency. Actions and attitudes such as the pastor that wanted to incite a Koran burning, or the debate against placing a Mosque near Ground Zero, just reflect how much more polarized our society is today. These situations only inflame existing misperceptions about the United States in the Middle East. It is like dousing a fire with gasoline.

Racial profiling -although not officially sanctioned by law- has also been on the rise. As documented in the ACLU’s, Sanctioning Bias, the use of the then-incipient post-9/11 anti-Arab and anti-Muslim sentiment has been used to justify racial profiling by federal law enforcement officials in clear violation of the 14^th Amendment.

Misguided, military endeavours have not only undermined the United States’ economy, but also its position and credibility vis-à-vis the international community. Rather than de-escalating crises, they have increasingly exacerbated the existing instability in the regions of the world involved.

The War on Terror, which resulted from the 9-11 tragedy and capitalized on the resulting pain, fear and outrage, has all but strengthened both the domestic and international legal paradigm. U.S and International human rights and civil liberties standards have been chipped away.

Domestically, the Patriot Act enacted in 2001 introduced an excess of legislative changes to increase the surveillance and investigative powers of law enforcement agencies in the United States, without the system of checks and balances required to safeguard civil liberties. As the ACLU notes, the subsequent 2005 and 2009 renewals of modified versions have provided “little evidence to demonstrate that the Patriot Act has made America more secure from terrorists. But there are many unfortunate examples that the government abused these authorities in ways that both violated the rights of innocent people and squandered precious security resources”.

The Guantanamo debacle is another example of the manner in which under the Bush Administration’s 8-year term the use of “torture lite” or “moderate physical pressure” was condoned and a common practice. This includes: Psychological Torture, Sensory Deprivation, Starvation and Thirst, Sleep Deprivation, Waterboarding, Forced Standing, Palestinian Hanging (aka Palestinian Crucifixion), Sweatboxes, Sexual Abuse and Humiliation. Since then the Obama Administration has taken steps to move away from these practices. However, as reflected in the recent New York Times piece “Court Dismisses a Case Asserting Torture by C.I.A.” regarding the practice of extraordinary renditions and the Doctrine of Executive Privilege illustrates the far-reaching effects of this approach and the manner in which these types of activities have permeated –and undermined- the rule of law. More comments on some of these issues can be found in last year’s posting on “Whitewashing the Practice of Extraordinary Renditions”.

All that said: What can be done to truly honor the lives the lost, to rectify the pain, to avoid future injustices? I, myself, do not know. The only thing I am sure of is that it is hight time we learn to do things differently.

CALL FOR BOOK CHAPTERS: Cases on SMEs and Open Innovation: Applications and Investigations

noreply@blogger.com (AngelaJoTM) — Thu, 25 Mar 2010 14:26:00 +0000

Proposal Submission Deadline: April 30, 2010
Full Chapter Submission Deadline: August 30, 2010
A book edited by Dr. Hakikur Rahman and Dr. Isabel Ramos, University of Minho, Portugal

To be published by IGI Global: http://www.igi-global.com/requests/details.asp?ID=845

Introduction
Successful entrepreneurship and value addition within an enterprise through open innovation strategies have adopted a paradigm shift from simple introduction of new ideas and products to accumulation of diversified actions, actors and agents along the process. Furthermore, when the innovation process is not being restricted within the closed nature of it, the process takes many forms during its evolution. Among these perspectives small and medium enterprises (SMEs) play a critical role in this transformation process for business promotion, value addition and economic gain in a country. However, in terms of SMEs adopting open innovation strategies for their benefit and sustenance much need to be explored.

Overall Objective of the Book
This book will gather relevant academic and research concepts applied in real-life cases illustrating open innovation strategies for SME development in a country. There are diverse aspects surrounding the open innovation concepts in terms of policy, politics, economy, and culture, including numerous opportunities, challenges and risks. By incorporating scientific, theoretical, academic and research concepts, including empirical and success cases focusing those concepts this book will present the context innovation in an open paradigm for SMEs development acting as catalyst of countrywide economic empowerment, whether developed, developing, transitional and under-developed.

Target Audience
The basic definition of open and collaborative innovation leads to the extent of periphery of the target group that one could think of. It comprises the entire community of a country, ranging from government or policy initiators; entrepreneurs and enterprises; researchers, practitioners and academics; users and intermediaries; and the population at large. Hence, the potential audience of this book consists of all these stakeholders of an economy. Furthermore, on regional and global scenarios, this book will target development partners, agencies and their mediators.

Recommended topics for chapters include, but are not limited to, the following:
- Concepts of open innovation management,
- Researches on open innovation models and process development,
- Local, regional and global open innovation strategies,
- Technology supporting open innovation,
- Socio-economic impact and implications of open innovation in SMEs,
- Policies and laws related to public and social aspects of open innovation in SMEs,
- Innovation marketing, communication and interactions,
- Strategies in entrepreneurial ventures and IPR
- Entrepreneurship operation, legal interpretation and legislation
- Knowledge creation and collaboration among various actors, and
- Risks and crisis management.

Submission Procedure
Researchers and practitioners are invited to submit on or before April 30, 2010, a 2-3 page proposal clearly explaining the mission and
concerns of his or her proposed chapter. Authors of accepted proposals will be notified by May 15, 2010 about the status of their proposals and sent chapter submission guidelines. Full chapters are expected to be submitted by August 30, 2010. All submitted chapters will be reviewed on a double-blind review basis. Contributors may also be requested to serve as reviewers for this project.

Publisher
This book is scheduled to be published by IGI Global (formerly Idea Group Inc.), publisher of the "Information Science Reference" (formerly "Idea Group Reference"), "Medical Information Science Reference", and "IGI Publishing" imprints. For additional information regarding the publisher, please visit www.igi-global.com. This publication is anticipated to be released in 2011.

Important Dates:
April 30, 2010: Proposal Submission Deadline
May 15, 2010: Notification of Acceptance
August 30, 2010: Full Chapter Submission
September 30, 2010: Review Result Returned
November 30, 2010: Final Chapter Submission

Editorial Advisory Board Members:
Derya Altunbas, Canakkale Onsekiz Mart University, Turkey
Angela-Jo Touza-Medina, Financial Literacy Coalition of Central Texas, USA
D.C. Misra, eGov Researcher and Consultant, India
Ken Stevens, Memorial University of Newfoundland, Canada
Kam Hou Vat, University of Macau, Macau

Inquiries and Submissions can be forwarded electronically (Word document) to:
Prof. Hakikur Rahman
University of Minho
DSI, Azurem
4800-058 Guimaraes, Portugal
Tel.: +351 253 510 319 FAX: +351 253 510 300 GSM: +351 960193872
e-mail: hakik@dsi.uminho.pt

Whitewashing the Practice of Extraordinary Renditions....

noreply@blogger.com (AngelaJoTM) — Tue, 25 Aug 2009 23:28:00 +0000

U.S. Says Rendition to Continue, but With More Oversight - NYTimes.com

Two days after President Barack Obama was sworn into office he signed an executive order entitled Ensuring Lawful Interrogations This order relates to the issue of extraordinary renditions in that it would “ (i) to study and evaluate whether the interrogation practices and techniques in Army Field Manual 2 22.3, when employed by departments or agencies outside the military, provide an appropriate means of acquiring the intelligence necessary to protect the Nation, and, if warranted, to recommend any additional or different guidance for other departments or agencies; and (ii) to study and evaluate the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody or control.”

At the time, this decision captured the hope on which Mr. Obama built his campaign. Millions around the world had decried the implementation of this practice following 9/11, despite the fact that then Secretary of State, Condoleezza Rice, vehemently affirmed that this practice was vital in combating transnational terrorism and assured that the United States obtained guarantees from destination countries that transferred individuals would not be subject to any form of torture[1].

Let us not forget that when extraordinarily rendered, terrorism suspects and prisoners are transferred to States where they are refused the legal guarantees incorporated into the legal system of the detaining States[2]. Thus, in lieu of returning suspects and prisoners to their country of origin following their arrest, interrogation, detention and delivery, detainees are transferred to third party states[3] for relocation and confinement in clandestine detention “black sites” [4] located in countries such as, Egypt, Morocco, Libya, Jordan and Syria. Former Attorney General Alberto González betrayed the reality of detainee safety and well-being during extraordinary renditions: “We seek assurances whenever we transfer someone, that in fact they will not be tortured…you know, we are not there [chuckles]- in the jail cell in foreign countries where we render someone”[5].

Eight months later the Obama Administration has declared that it will continue the practice of extraordinary renditions and it replays the Bush Administration’s pledge to seek assurances and keep a vigilant watch on the treatment of detainees.

The reality of this situation is that the practice of extraordinary renditions, however justified by the U.S. government, runs the grave risk of being illegal nonetheless. The reasons are many:

First of all, the agents carrying out the operations during these detentions are acting extraterritorially insofar as they are not located within the territorial jurisdiction State they represent[6]. Any reasoning that exempts responsibility on the grounds that the detainees are trapped in a judicial limbo or vacuum are fallacious because these activities are taking place within the parameters of the “war against terrorism”. The very use of the term war and the international nature of the operation taking place invoke the applicability of international humanitarian and human rights law[7].

Thus, unless US officials are present to ensure that detainee treatment meets international human rights standards, the United States is in potential violation of its obligations per the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994, which states in art. 1: “torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.” This violation is exacerbated according to art. 3 which specifies that “1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. 2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights". In cases such as this, the Convention against Torture dictates that victims or torture are entitled to seek legal reparations. Article 2 of the International Covenant on Civil and Political Rights (1966) confirms this: “ Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity…". Furthermore, it is in clear violation of arti. 33, 1951 Refugee Convention which states that: “No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion”.

Likewise, the III and IV Geneva Conventions condemn the transfer of a prisoner of war to a state where the prisoner of war is at risk of torture and inhumane treatment (art. 12), the transfer of a civilian or “protected person” to a state where they are at risk of torture or inhumane treatment (art.45, 147 and 148) and qualify them as criminal acts and grave breaches of international humanitarian law. States are bound by International Customary Law to prohibit torture, prohibit “refoulement” or the transfer of individuals to a state where they are at risk of torture. States are thus bound to prevent, criminalize, investigate and punish acts of torture, conspiracy to torture and assistance to commit acts of torture. These principles are irrevocable.

As much as Human Rights Watch, Tom Malinoskwi and others may see through their dissappointment with this decision and praise the changes made to the nature and transparency of the interrogation policy, it still seems a lot like whitewashing to me.

[1] RICE, Condoleeza, “Remarks upon her Departure for Europe”, 5 de diciembre 2008.
[2] HUMAN RIGHTS, WATCH, “Double Jeopardy: CIA Renditions to Jordan”. www.hrw.org/reports/2008/jordan0408/ New York, 2008, 39 pp.
[3] MARLINER, Joanne. “We’ll make you see death”. http://hrw.org/english/docs/2008/04/10/usint18508_txt.htm. New York, 2008
[4] JEHL, Douglas, “Rule Change lets CIA Freely Send Suspects Abroad to Jails’, New York Times. New York, 2005.
[5] “FEDERAL NEWS SERVICE. “The future of military commissions following the United States Supreme Court’s decision in Hamdan vs. Rumsfeld”. Transcript of the Senate Armed Services Committee. Washington, DC. 2006.
[6] AMNESTY INTERNATIONAL. “Off the Record: U.S. Responsibility for Enforced Disappearances in the “War on Terror””. AI Index: AMR 51/093/2007, London, 2007.
[7] BORELLI, Silvia . “Echar luz sobre un vacío jurídico: el derecho internacional y las detenciones en el extranjero en el marco de la ‘guerra contra el terrorismo’. http://www.icrc.org/web/spa/sitespa0.nsf/html/6E3LZC. Revista Internacional de la Cruz Roja, No. 857, 2005.

Interdisciplinary Journal of Human Rights Law Call for Papers 2009-2010

noreply@blogger.com (AngelaJoTM) — Tue, 07 Jul 2009 17:11:00 +0000

The Interdisciplinary Journal of Human Rights Law (IJHRL) is currently seeking submissions for its 2009-2010 annual publication. IJHRL is apeer-reviewed, scholarly journal designed to address internationalhuman rights issues. The journal invites quality submissions fromscholars, jurists, and professionals in fields related to human rightsand international humanitarian law. IJHRL also welcomes review essays,book reviews, and comments/notes.

Manuscripts must be computer generated in MS Word and submittedelectronically, via e-mail or Berkeley Electronic Press's Expresssubmission service. Each submission should contain an abstract of nomore than 150 words, a cover letter, a brief biographical sketch, andappropriate contact information. Manuscripts should be submitted tothe Editor-in-Chief with assurance that they have not been publishedor accepted for publication elsewhere. Manuscripts should range from3,000 to 10,000 words (approximately 15-25 pages) and be typed,double-spaced. Manuscripts exceeding the maximum length may not beconsidered. Book reviews may run from 1,000 to 2,500 words.Submissions must follow the style guidelines of either the PublicationManual of the American Psychological Association (APA) 5th Edition orThe Bluebook: A Uniform System of Citation 17th Edition. Uponreceiving comments from referees, notification of acceptance,rejection or need for revision will be given within 4-6 weeks ofreceipt of manuscript.

Early submissions are encouraged. The deadline is July 15, 2009.
Submissions and other editorial correspondence should be addressed to ijhrl@americanstudents.us.

Are there any conflicts between Public International Law and National Sovereignty?

noreply@blogger.com (AngelaJoTM) — Wed, 17 Jun 2009 16:03:00 +0000

Prima facie, there may be apparent conflicts; however, the current system of International Public Law is based on the very premise of national sovereignty whereby states themselves consent to the rules to which they are bound. Furthermore, we cannot disregard the fact the international law is based on international customary practice. I would argue that conflict only exists between one concept and the other when domestic law is an outright contradiction to international law and/or fails to either apply the rules to which a nation has adhered through its own volition and /or to incorporate these tenets into domestic law through its own ratification process. The latter of these two is extremely important in order to actual provide enforcement mechanisms for the rules in place. I feel we must take heed of making national sovereignty a catch all. In the past, this belief that it each nation is ultimately responsible for protecting and doing the best for its citizens has resulted in severe delays in international intervention, resulting in one of the most grave crimes against humanity: the Holocaust.

In the vast majority of cases international jurisdiction exists to complement national jurisdiction and act as a last recourse for the procurement of justice. The Nuremberg trials exemplify this. They brought individual parties involved in the Holocaust to justice and established the precedent for the identification of individual responsibility in international criminal proceedings. Since then, other ad-hoc courts have been put into place to implement international law in cases of this nature, namely the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda. The most recent and possibly most important step toward establishing a permanent mechanism for this type of proceedings is the International Criminal Court, which came into existence with entrance into force of the 2002 Rome Statute. Crimes of genocide, crimes against humanity, war crimes, and aggression (pending clarification) fall under its jurisdiction.

It is important to note that even in this case, where we are going beyond International Public Law, but moving into the realm of International Criminal Law the ICC has been designed to complement the actions of national courts. In other words, the ICC will only proceed if and when a State is not investigating a crime or is unwilling or unable to proceed. Interestingly the Court itself activates its own jurisdiction; which is to say that the Prosecutor assesses if there are sufficient ground to initiate a case, notifies the state parties involved, and provides them the opportunity to assert the superior right to exercise jurisdiction. The U.N. Security Council has the prerogative to block proceedings for a renewable one year term . Having initiated the case the Prosecutor will determine if an investigation is warranted. At this point the Pre-trial Chamber assesses the need to issue the warrants and orders requested by the Prosecutor. If the warrant is granted, once the accused is informed of the relevant charges, the Pre-Trial Chamber would or would not confirm said charges in order initiate trial proceedings. This system of checks and balances within the court seems to provide a fairly effective mechanism to avoid infringement on national sovereignty.

The role of the Security Council is best left for another discussion….

Input Sought for the Revision of the Virtual Volunteering Guidebook

noreply@blogger.com (AngelaJoTM) — Fri, 12 Jun 2009 14:57:00 +0000

Jayne Cravens, co-wrote the Virtual Volunteering Guidebook with Susan Ellis. It is a free manual to help organizations involve online volunteers, as well as to use online tools to support all volunteers. She is currently seeking input for a revised version of the Guidebook . Therefore:

If you ever have been a volunteer, in that you have provided some kind of work support without pay to a nonprofit organization, community-based group (such as a school), or government initiative focused on the community (such as a city-sponsored park cleanup).

OR

If you have worked with volunteers in *any* capacity -- side-by-side or as a manager/primary staff contact -- please help her complete this survey regarding the use of online tools to support volunteers, to help her in her efforts to revise this guidebook:

http://www.surveymonkey.com/s.aspx?sm=8qNBlAysAcLk8JcRLjk5zg_3d_3d

When talking about your experience, you can talk about more than one organization. But remember that most questions relate to your experience only regarding volunteering or working with volunteers.

Please note that this survey is NOT limited to any country or region.

These results will be shared in the next edition of the Virtual Volunteering Guidebook. To know when the guidebook is released, please subscribe to her blog or Tech4Impact.

You can read past blog entries and subscribe to blog updates via RSS here.

You can subscribe to the Tech4Impact email newsletter one of three ways:

send a blank email message to: tech4impact-subscribe@yahoogroups.com
visit http://www.yahoogroups.com/group/tech4impact and click "join"
visit http://www.yahoogroups.com/group/tech4impact scroll down a bit on the page and click on either the My Yahoo! or RSS icons.

The author’s contact information is:

Ms. Jayne Cravens MSc
Louisville, Kentucky
http://www.coyotecommunications.com
www.ivisit.com id: jcravens.4947

Impunity: Then and Now

noreply@blogger.com (AngelaJoTM) — Mon, 13 Apr 2009 15:51:00 +0000

Whoever wishes to foresee the future must consult the past; for human events ever resemble those of preceding times. This arises from the fact that they are produced by men who ever have been, and ever shall be, animated by the same passions, and thus they necessarily have the same results. – Machiavelli

It seems cliché to refer to the past and its lessons as foreboding of the future and its challenges. However, all clichés are based on some truth. Thus the topic of torture, impunity and universal jurisdiction rears its head yet again, with the Spanish magistrate Baltasár Garzón, repeating his role as the lead explorer in the reaching righteousness and justice through the path of universal jurisdiction. In the past he sought accountability for the late Chilean dictator, Augusto Pinochet’s brutal regime, and now he seeks to bring the authors of the misguided war on terror to justice. Although the circumstances within which these crimes were carried out (national vs international) and the applicable legal frameworks are different, the principle through which accountability was and is sought is the same. Thus, below you will find a detailed analysis of the actions taken by Garzón in the case of Pinochet. Readers may note that many of the psychological and legal foundations which justify his effort to end impunity in this case and are equally applicable to the war on terror.

Note: The text below dates back to July 2000. For use, please cite as:

Touza-Medina, A.J. (2000, July 11). Human Rights in Chile After Pinochet: Can they co-exist with impunity?. Retrieved April 13, 2009, from Another Window On the World Web site: http://www.anotherwindowontheworld.blogspot.com

Human Rights in Chile After Pinochet: Can they co-exist with impunity?

Si no se puede demostrar que la impunidad no tiene cabida en la sociedad porque se ha logrado acceder a la verdad de lo que paso y hacer justicia para crear las condiciones de la reconciliación, esa sociedad se esta haciendo un harakiri político, esta transitando por un despeñadero hacia una suerte de suicidio ético y social.[1]

[If one cannot prove that impunity has no place in society because the reality of what took place has been recognized, and justice has been served so to create the conditions necessary for reconciliation, said society is on the path of political suicide, it is heading towards an abyss of ethical and social self-destruction.]

September 11, 1973 General Augusto Pinochet led a violent coup against, democratically elected, socialist President Dr. Salvador Allende[2]. Shortly thereafter Pinochet proclaimed himself Commander in Chief of the Army (1973-1997) and President of Chile (1973-1990). His military regime dismantled Chile’s longstanding democratic institutions, privatized the economy and attempted to eradicate any form of opposition. According to the Rettig Commission and it’s successor the National Corporation of Reparation and Reconciliation, Pinochet silenced more than 3000 voices of protest, tortured tens of thousands, secretly disposed of more than 1000 victims after their torture and murder, and forced 250,000 into exile during his 17-year military reign of terror.[3] It is from this legacy of horror and pain that the Chilean people have drawn the strength to endure on their quest for justice, impunity and reconciliation. To better grasp and comprehend the long road the victims and their families have walked on their search for validation it is essential to glance at the pages of history to see how far they have come.

Immediately after the takeover of power, the newly installed government imposed a state of siege across the country. The military junta, that assumed control began the hunt for Allende sympathizers, socialist and communist party members, and those belonging to the extreme-left movement of “Movimiento de la Izquierda Revolucionaria”. In October of 1973 a new entity for repression was created: the Directorate of National Intelligence (Dirección de Inteligencia Nacional, DINA)[4]:

Se trataba de un organismo cuyo funcionamiento en la practica fue un secreto y por encima de la ley, su organización interna, composición, recursos, personal y actuaciones escapaban no solo del conocimiento publico sino también del control efectivo de la legalidad. Mas aun, la DINA fue efectivamente protegida de todo control, no siendo del que pudieran haber ejercido el Poder Judicial, altos oficiales de las FF.AA. e incluso del de la Junta de Gobierno, en la practica, ; en efecto, aunque formalmente la DINA dependía de la Junta de Gobierno , en la practica respondió solamente ante la Presidencia de la Junta de Gobierno, mas tarde Presidencia de la Republica.[5]

[It was an organism whose operating mechanism in practice was a secret and considered above the law. Its internal structure, composition, resources, employees and acts not only escaped from public knowledge, but also from effective legal control. Moreover, the DINA was effectively protected from all control, other than that which could have exercised judicial power, high-ranking officers in the armed forces, and even the governmental junta; in fact, although the DINA formally depended on the governmental junta, in practice it only responded before the presidency of the military junta and later on the presidency of the republic.]

It was formally accountable to the military junta but responded only to Pinochet. Colonel Manuel Contreras Sepulveda was at its head.

Contreras initiated and was responsible for the coordination of a cooperative plan between the DINA and parallel agencies in Argentina, Uruguay, Paraguay, Bolivia and Brazil, known as Operation Condor. Its purpose was to trade prisoners and information in an attempt to eliminate left-wing opposition activity and monitor the activities of exiles in the U.S. and Europe. The dealings that took place under its auspices included the surveillance, “disappearance” and assassination of political targets. Among the victims of this undertaking are Pinochet’s predecessor, General Carlos Prats and his wife Sofia Cuthbert, who died in a Buenos Aires car bombing, in September of 1974; Christian Democrat leader Bernardo Leighton and his wife Anita Fresno were wounded in a shooting attack in Rome (1975) at the hands of a DINA –contracted terrorist. Perhaps one of the most publicized DINA-sponsored acts is the 1976 car-bomb assassination in Washington, D.C. in which Allende’s former foreign minister Orlando Letelier and U.S. citizen Ronni Moffit were murdered.[6]

Fourteen years after Pinochet’s rise to power, a viable opposition to his rule finally began to materialize. Pinochet’s civilian political advisors drafted a new constitution that entered into force in October 1980. This document prolonged his stay as president for another 8-year term and guaranteed a plebiscite once it had ended. The late 1980’s were tumultuous and characterized by sporadic violence at the hands of extreme-left groups attempting to overthrow the government. In 1988, Pinochet lost the plebiscite. The center-left Concertación emerged victorious and former senator Patricio Aylwin Azócar became president. March 10, 1988, Pinochet handed over military command to his successor General Ricardo Izurieta, and the following day occupied his permanent position as senator for life. As such, he was accorded constitutional immunity from arrest and/or criminal prosecution, which makes accountability for the crimes of the past difficult because to be arrested or indicted, the appeals court must first cancel his immunity and have his military office suspended (desafuero).[7]

Searching for Justice

The London Metropolitan Police arrested Pinochet[8], 88, October 16, 1998 at the request of Spanish Magistrate Baltasar Garzón.[9] The initial intent of Garzón and fellow judge Garcia-Castellanos was to ask for a “commission rogatoire”.[10] The warrant of arrest cited genocide and terrorism. It specifically cited Edgar Enriquez, a Chilean who disappeared in 1976, and made mention of another 119 cases. The inquiry was limited to the period from September 11, 1973 to December 31, 1983.[11] This action by the Spanish government was the result of the July 1996 suit filed by the Association of Progressive Prosecutors for the murder/disappearance of several Spanish citizens,[12] including Spanish diplomat and employee of the UN agency Cepal, Carmelo Soria.[13] Initial investigation into Soria’s death ended in 1979 when a criminal court ruled his death to be accidental. Nonetheless, the 1991 Rettig Commission for Truth and Reconciliation proved that DINA agents had perpetrated Mr. Soria’s, and that his death was the result of torture that took place in the house of DINA agent Mr. Michael Townly.[14] Soria was found dead in a river canal days later.

In February 1997, Mr. Manuel Garcia Castellón, a Madrid high court judge requested support from U.S. Attorney General Janet Reno in his investigation into human rights violations committed in Chile. Reno agreed to assist Garcia and provided access to files that later shed light on other realities of Pinochet’s rule.[15] Among these were documents related to the investigation, trial and convictions in 1977 of US civilians, and Chilean diplomats related to the assassination of Orlando Letelier.

In April 1999, Judge Garzón submitted a request for Pinochet’s extradition. The Spanish prosecution found the historical precedent necessary to pursue the Pinochet case in the Nuremburg trials, in which the international community determined that there is no immunity for perpetrators of the gravest crimes, regardless of who they are or where the crimes were committed.[16] This was also emphasized by the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment ratified and incorporated into domestic law by Spain, Chile and the U.K in the late 80’s. Most recently, statutes establishing tribunals in the former Yugoslavia and Rwanda and the 1998 Treaty for the new permanent International Criminal Court (July 1998- Rome) further reinforced this standard.[17]

In April 1999, magistrate Jack Straw proceeded with the extradition hearing.[18] In doing so, he pointed out that the Chilean courts had made no claim for jurisdiction or asked Britain for the General’s extradition. In the habeas corpus hearings before the House of Lords, which were subjected to the exigencies of British Extradition, the case crystallized under the issue of torture.[19] The lords limited the time span during which torture cases were admissible to the final year of Pinochet’s rule, subsequent to December 1988, when the provisions of the Convention against Torture were in force in each country. Within the framework of the Convention, the House of Lords, primarily focused its deliberations on the concept of Aut Dedere, Aut Judiciare.[20]

Article 5 of the Convention Against Torture[21] states : “the country where the offender is located will either extradite the offender for the purpose of prosecution or proceed against him on the basis of its own criminal law”.[22] The Convention against Torture also highlights that nothing in the convention limits its applicability to numerous or systematic acts of torture: A single act of torture is enough.

The evidence and findings presented by the Spanish government established a pattern of torture being used as a state policy. According to the Rettig Commission in 1991: It can be stated with certainty that, during the final years of the military regime, the political structure that had been established by the enactment and implementation of the 1980 Constitution did not eliminate the national problem of serious and constant violations of human rights (although the frequency and numbers of victims admittedly declined). Indeed the 1978 amnesty, which its civilian promoters may well have regarded as the closing of the book on a now superceded problem, ultimately seemed to entail impunity for the past and promise impunity for the future. [23]

Americas Watch also reported that:

In the years since the plebiscite [of October 5, 1988], while the incidence of severe abuses of human rights has declined, quick resurgence at the delicate moments indicate that the apparatus of repression remains intact; the level of politically-related violence and intimation in Chile remains disturbingly high, given the circumstances of a political opening: in the shot it is not possible to state that the policy of repression has been abandoned.[24]

The supplement to the extradition request issued by Judge Garzón includes in his extradition request issued in April 1999 includes 1,198 acts of forced disappearance alleged to have been carried out under Pinochet’s orders. He proposed that these acts of “disappearance” amount to possible acts of torture. [25] He attached these “disappearances” as extradition-worthy crimes of torture committed from December 1988 to March 1990, on the grounds that the victims’ continued “disappearance” causes mental anguish to both victim and relatives equivalent to torture and is thus an inseparable element of the act itself. In effect, Garzón sustains, the crime of “disappearance” constitutes a continuing act of torture until the fate of the victim is known.

Journalist Hugo Young seems to best sum up the most important possible repercussion of these proceedings, “Spain suggests that if a prima facie torturer ventures outside his own jurisdiction, he makes himself available for justice.”[26] It is the first case ever brought by national courts for crimes of genocide committed outside their territory.

Article VI of the Geneva Convention limits jurisdiction to the courts of the country in which the crime is committed, or to an international tribunal. The Spanish courts circumvented this and go beyond the jurisdictional terms of the Convention because Article I of the Convention does not create the crime of genocide, but confirms it. In other words, the crime preexists the Convention, and does so as a universal crime. As for the target group, the Spanish Judges used the varying interpretations of the word “national” and took it to mean political, thus re-including into the scope of the Convention: the victims owed their fate to their national origins, but were persecuted as groups and not individuals. This opinion was reinforced by Benjamin Whitaker, a UN rapporteur on Genocide, who in his 1985 report concluded that the intentional destruction of a “significant sector or national group” for ideological or political reasons constitutes genocide.[27]

Having considered the aforementioned precedent, which has been consistently approved by the Inter-American Court[28] the House of Lords found that: “This mass of authority supports the rule that there can be no immunity for “crimes against humanity”- crimes of such blackness that they do not admit of human forgiveness. They comprise the ordering, on a widespread and systematic basis, of kidnapping, torture, or summary execution.”[29]

They recognized that despite the fact that Pinochet does have immunity for all acts done whilst exercising the functions of head of state he has no immunity in respect of orders he personally gave for the systematic kidnapping, torture and murder of thousands of suspected opponents. This is fundamentally because international law does not recognize the commission of crimes against humanity as a function of a head of state.[30]

Following the ruling of the House of Lords declaring that Pinochet did not enjoy immunity from prosecution, his fate came to rest on Home Secretary, Jack Straw. The magistrate considered whether the offence is extraditable (whether it warrants at least 12 months in prison), whether it is a crime in Spain and Britain and whether it is of a political nature. The observations of a group of medical examiners that determined Pinochet to be mentally incapable of standing trial are, however, what ultimately determined his course of action. Pinochet was allowed to return to Chile.

Chile Confronts its Demons

La detención de Pinochet esta desintegrando las máscaras. Cada día es más difícil no ver la realidad y las cosas comienzan a llamarse por su nombre. El senador socialista Carlos Ominami es muy grafico: “ No podemos seguir siendo una Albania neo-liberal, abierta en lo económico y cerrada en lo político, cultural y jurídico.[31]

[Pinochet’s arrest is disintegrating the masks. Each day it becomes more difficult to not see reality and things are beginning to be called by their name. Socialist senator Carlos Ominami is very graphic: We cannot keep being a neo-liberal Albania, economically open and politically, culturally and legislatively closed.]

The events in London opened a floodgate in Chile’s political arena. Upon Pinochet’s arrest, President Eduardo Frei officially protested and claimed that the senator was entitled to diplomatic immunity.[32] The Chilean government deplored the General’s arrest and possible trial as an illegitimate invasion of the Chilean court’s jurisdiction. It sought to draw an artificial line between international justice exercised by an international court and justice delivered by a domestic court exercising extraterritorial jurisdiction. This objection is maintained despite the fact that extraterritorial jurisdiction is provided for in international law under the Convention Against Torture ratified by Pinochet’s government in 1988.

In the Spanish newspaper El País, Chilean writer, Patricia Politzer suggests that the political polarization of Chilean society regarding the subject of Pinochet’s lack of immunity reflects the dichotomy of Chilean society: Pinochet supporters versus his adversaries and victims. It is within this context that, “The division of Chilean society has remained inalterable for two decades,” (“La división de la sociedad chilena se mantiene inalterable desde hace dos décadas.”)[33] After the 1988 plebiscite, Pinochet continued to retain 40 percent of the electorate support and his grasp on the gratitude and loyalty of most of the business community and the political right, who had benefited from the measures he enacted. Interestingly enough though, only a minority in Chile was aware of the atrocities committed by the regime during the 70’s and 80’s. Many argue that Frei and Aylwin have only succeeded where the right has allowed them to do so. Nonetheless, deep political divisions over Pinochet’s rule have not prevented the contact and discussion among political parties.[34] They all share their desire to establish a common ground in what concerns human rights issues.

Despite the struggle, Chile is attempting to and, some might say, slowly succeeding at building channels of communication within itself. For the first time the armed forces have begun to actively participate, without unconditionally acknowledging human rights violations, in an open-ended, debate with human rights lawyers and civil society representatives. Navy Commander-in Chief Admiral Jorge Arancibia has made statements in favour of national accounting and has considered proposals to obtain information on the “disappeared.” Politicians on the conservative right are now even willing to consider that human rights violations were the result of governmental policies. A previously inexistent concern has begun to spread about the many unanswered questions that incessantly haunt the victims and their families.[35] Some politicians have even made initial efforts to recognize the importance of explaining the issues of the past, thus seeking to ensure the success of Chile’s political future. The situation presented a challenge for the Concertación de Partidos por la Democracia (center-left coalition led by President Eduardo Frei Ruiz-Tagle), which had scarcely featured human rights on its agenda. The government had rejected any semblance of judicial action against Pinochet.[36] In his lifetime senate seat, he benefited from parliamentary immunity from the criminal process. [37]

Until recently, the greatest obstacle to accountability and truth in Chile was found within its own judicial system. The prescription for national reconciliation advocated by the government was primarily one that consisted of burying the past by preventing legal accountability with Decree 2.191,[38] which put a stop to the prosecution of serious crimes committed between Sep. 11, 1973 and March 10, 1978. Despite the fact that the law led to the pardon of several hundred political prisoners, it overwhelmingly favoured those that participated in the military repression at its height. Claims where made that any violations that may have occurred were isolated and committed by both sides and best forgotten in the interest of future generations. In response, the United Nations Human Rights Council and the Inter-American Commission on Human Rights declared Chile’s amnesty law incompatible with international law and stated that it prevented Chile from fulfilling its obligation to provide justice and reparation to victims of gross violations of human rights. In 1989, Concertación’s electoral program included the derogation or annulment of the amnesty law, but the policy was abandoned before Aylwin became president. Instead, the Aylwin dedicated himself to the pursuit of justice, “en la medida de lo possible” (to the extent that is possible).[39] Perhaps this attitude on the behalf of Concertación’s representatives is what most acutely stresses how wrong Concertacion’s leaders actually were in their widespread belief that the “transition to democracy” and its consolidation had been completed by 1994. Their assumption was founded on the fact that the armed forces and the parliamentary opposition had established a working relationship. The existing “dialogue” between political adversaries was unfortunately in no way symptomatic of the disappearance of the military enclaves that had become characteristic of the governing coalition. Both governments were thus inhibited from implanting the program for which they were elected, which included ensuring and protecting human rights.

During Pinochet’s rule, the Chilean Supreme Court was but a pawn that he manipulated to improve his odds of success and non-accountability.[40] Little or no investigation had been required to throw out “disappearance” cases. Frei and Aylwin attempted to enact constitutional reforms to empower the legislative branch and accentuate the separation of powers, but due to blocking tactics developed by pro-military legislators and appointed senators[41] they abandoned their efforts. Nevertheless, during the latter’s administration many judges began to insist on the clarification of facts and the identification of those claiming amnesty to determine whether or not the condition was applicable to the individual in question. This newly found zest for details and accurate accounts, also known as the “Aylwin Doctrine,”[42] resulted in officers –retired and active- being summoned to testify[43]. As a result of these gradual changes, in 1995 Col. Contreras was convicted in the 1976 car bomb attack in Washington D.C. cited earlier and the Supreme Court back-pedaled on the amnesty law by closing cases like that of Carmelo Soria. In 1997, the Supreme Court was reformed and a new slate of judges appointed. The next year, in 1998, the Chilean Supreme Court invoked Article 3 of the Geneva Convention of 1949 to reverse the closure of a “disappearance” case.

A habeas corpus appeal from General Sergio Arrellano Stark and four other army officers involved in the “Caravan of Death” case,[44] in which 72 political prisoners were kidnapped and executed, was denied on July 20, 1999. The implications of this decision included, most importantly, that the amnesty law was inapplicable to other “disappearance” cases. In other words, only in cases where death is likely to have occurred between September 11, 1973 and March 10, 1978 would the author of the crime be exempt from prosecution. If any kind of information were withheld the case could be open indefinitely. [45]

The succession of international and national events, rulings, changes and publications that have fueled and have been fueled by the desire to heal the wounds of Pinochet’s brutal military dictatorship have all contributed to the apparent change of course in the Chilean Judicial System. It is at this point when the existing doubts about the Chilean Judicial System’s ability to work independent of military pressures are being put to the harshest test. Since, under Chilean law military judges are often in privileged positions vis á vis the rest of the members of the judiciary, civilian judges may have to take drastic measures to ensure the integrity of their inquiries. They will have to overcome attempts to disrupt and bar investigations on military facilities.

Chilean Human Rights Activists, empowered by Pinochet’s 17-month detention in the United Kingdom, have filed torture charges against him. Six hundred forty-three ex-prisoners planned to sue him on the grounds of cruel, inhuman, and degrading crimes against them during the time they spent incarcerated. One hundred thirty-seven cases against him are pending and more are filed daily. Vivian Diaz, president of Families of the Detained-Disappeared assures that, “We are going to demand justice. He is going to be put on trial in Chile. He comes condemned by the world thanks to Spanish and British justice.” Pinochet, on his return to Chile, was scorned for his criminal persecution of leftist opponents from within the stronghold of his own ranks. Also, in an unprecedented government move against the ex-dictator, the state defense council took an active role in helping the prosecution. As of April 22, 2000, 50% of the population had a negative impression of Pinochet[46], and a Mori Chile[47] poll found that 2/3 of those interviewed believed he should go to trial.

Notwithstanding the seemingly wide-spread contempt towards a very old, very decayed Pinochet, far-right political groups, such as Independent Democratic Union, sought to forge a deal allowing the dictator a dignified exit from life in the political spotlight without prosecution. The current president, Ricardo Lagos, referred to this course of action as “inappropriate.” Furthermore, he vowed to support the judicial branch. Medical documents in which Pinochet was declared insane were submitted in an attempt to have cases thrown out[48]. In response to this sort of legal maneuvers, Juan Bastos, one of the attorneys trying to strip the General of his immunity, states, “ Today [Pinochet] is not crazy or demented nor do I think he is incapable of directing his defense. I do not believe that. This gentleman has the memory of an elephant. Prodigious.”[49]

Chilean psychiatrists corroborate this sort of affirmation and criticize the methodology of the British doctors that concluded Pinochet was mentally ill and released him after 503 days of house arrest. Generally, they found the British examinations to be insufficient to demonstrate dementia or mental derangement, which would keep him from testifying before a tribunal. Neuro-psychiatrist, Dr. Paz Rojas, stated that to excuse the frail general from extradition on compassionate grounds was based on a “flawed medical diagnosis”, “The examination… was realized in less than eight hours, during which the patient was subjected to a series of clinical and laboratory tests. It was done by an insufficient medical team which did not include a neurological or psychiatric doctor, in such a manner that a true evaluation of the existence of mental pathology was left in suspense.”[50]

On May 23, 2000, after a 3-week stalemate the 22-member court of appeals reconvened to decide whether the charges against Pinochet were enough to strip him of his senatorial privileges.[51] One day later, Pinochet lost his immunity in a 13/9 vote, and became eligible to stand trial for more than 100 cases of human rights abuses in Chile.[52] It is, on the other hand, possible for an appeal to be filed in his name arguing that his mental abilities are rapidly degenerating and he is mentally incapable of enduring a trial.

Impunity and Reconciliation

The 1985 Inter-American Commission on Human Rights declared that every society has the undeniable right to know the truth of everything that has occurred, along with the reasons and circumstances in which the reprehensible and horrid crimes were committed, so to avoid that these events take place in the future.[53] Knowledge of the truth and the feeling that justice has been served are seen as being highly necessary in the steps toward the achievement of national reconciliation. Carlos Madariaga affirms that usually reparation, in terms of damages, in the cases of torture victims tends to be seen from a minimalist point of view[54].

Governments fail to realize that it is only through the aforementioned elements of reconciliation and reparation that transition governments can ensure their stability in the future. The purpose of organisms like the Commissions of Truth in Latin America is that of facilitating the process of healing:

[Son] organismos de investigación creados para ayudar a las sociedades que han enfrentado graves situaciones de violencia política o guerra interna a enfrentarse críticamente con su pasado, a fin de superar las profundas crisis y traumas generados por la violencia y evitar que tales hechos se repitan en el futuro cercano. A través de las Comisiones de la Verdad se busca conocer las causas de la violencia , identificar a los elementos en conflicto, investigar los hechos mas graves de violaciones a los derechos humanos y establecer las responsabilidades jurídicas correspondientes.[55]

[They are research institutions created to help societies that have lived grave situations of political violence or civil war confront their past, to facilitate the healing of deep crisis and trauma generated by violence and to avoid that similar events are repeated in the near future. The Commissions of Truth seek to understand the causes of violence, to identify the elements in conflict, to investigate the direst violations of human rights and to establish the corresponding judicial accountability.]

In Chile, President Aylwin created la Comisión Nacional de Verdad y Reconciliación on April 24, 1990 with Supreme Mandate (Decreto Supremo) No. 355. This commission was in charge of developing a timeline of violent, victimizing acts, background and circumstances, that allow the victims to be individualized to determine their whereabouts. The work of this commission focuses on any events that may have resulted in death or “disappearance” between September 11, 1973 and March 11, 1990, regardless of they occurred on Chilean or foreign soil. It is also responsible for evaluating the statements of torture victims and recommending the legal measures to be taken to award damages and vindicate their suffering. It is important to keep in mind that the judicial framework under which the commission functions is designated by international and national laws on human rights and international humanitarian law.

The commission received over 3.400 relatives of individuals that had “disappeared” or been assassinated, and consulted with more than 100 human rights, academic, political, and religious organizations. An example of the statement of a torture victim can be found below:

“They were obliged to remain all day long face down with their hands on their necks and their legs spread… There were lines of them kneeling or standing against the walls, and at the slightest movement they were struck or kicked – and, in several cases I saw, shot. In rooms fifteen by eighteen feet there were a hundred women. Food came only once a day, at 4 or 5 P.M. There were mainly two groups of women: workers and university professors. Girls and women were harassed, obliged to disrobe, manhandled and insulted as the preamble to the interrogations… They were interrogated naked. Electric current was applied to the mouth, hands, nipples, vagina. Water was poured over their bodies to intensify the pain… They stretched the women out on tables and dripped candle wax on their stomachs. There were rapes, either in groups or individually.”[56]

A limited number of members of the armed forces (Fuerzas Armadas y Carabineros de Chile) were interrogated about occurrences of this nature but they provided little information.

Having concluded the necessary research, interviews and investigations the Rettig Commission made recommendations on the public restoration of the victims’ dignity[57]. It signaled the need for judicial and administrative improvement in dealing with, and determining the whereabouts and/or deaths of the individuals arrested and “disappeared” The commission found that accountability and penalization for the non-disclosure of the location and fate of the victims was crucial in areas concerning legislative and military reforms. In 1992, the Chilean government created the Corporación Nacional de la Reparación y Reconciliación to pursue the measures recommended by the Comisión de la Verdad y Reconciliación.

In essence, the ultimate goal of the commissions of truth is to ease the societal and political shift from an oppressive, violent governmental system to a democratic one. These commissions are the conscience that seeks to remind governmental entities that the presence of impunity in democratic transitions, conspires against democracy itself. It impedes the task of healing, and severs any semblance of political and civil community that might come into existence. The Rettig Commission took on the role of mediator and simultaneously worked to establish guidelines from and based on, an often biased historical precedent.

Arrays of cases of genocide, wars and massacres have unequivocally burdened human history. These horrific acts, committed in the name of righteous beliefs, have been glorified and documented by those in power: the elite. History’s impunity is, therefore the impunity of the elite. It is perhaps because of this tradition of impunity that the quest for accountability born out of the ashes of World War II, has been so difficult to grasp.

[After World War II... The international community hoped that a new era was beginning. An era in which the human rights of all citizens of all countries would be universally respected. That has not been the case… The international community had not provided for any mechanism to establish the guilt of the perpetrators and punish them.](Prosecutor Richard Goldstone, at the inauguration of the first trial celebrated before the International Crimes Tribunal for ex-Yugoslavia, November 1994)

The battle against impunity is one whose difficulty is increased by the endurance of those that are responsible for it. In the case of Chile, several of Pinochet’s appointees to the Senate are still in office. They continue to retain legislative gubernatorial, military and judicial control. This lasting impunity is continuously flaunted in the faces of its victims, and is in and of itself a violation of human rights because it leads to the periodic reliving of the traumatic events: it prevents citizens from exercising their right to the truth and justice, and is an attack on human dignity.

Impunity hinders the need for validation and vindication necessary for social and psychological wholeness that can only be satiated by public acknowledgement. Without the extrinsic resolution and confirmation of the validity of the victims’ senses, judgment and self, the torture inflicted endures. Survivors, after having witnessed murders, and often personal subjugation, dehumanization and interrogation, feel helplessly subjected to the machinery and will of their own state institutions. Impunity denies the victims a firm grasp on the reality they have experiences. [58]

The psychological and medical consequences of torture are contingent on various factors.[59] Those who see themselves as having suffered for a cause and are firmly rooted in a strong belief system tend to find their psychological survival facilitated. The age of the victim is also an important issue in evaluating the severity and duration of the effects of traumatic stress. The less identity secure the individuals are the more susceptible they are to psychoneurotic sequelae. In addition, there is a close relationship between the kind of humiliation and ego threat sustained and the occurrence of psychoneurotic and psychosomatic sequelae. Medically, the results of torture in the human body are related to damage to the immune system and direct physical trauma.

The situation the survivors of trauma of this sort find themselves in is undoubtedly a catch-22. Those who choose to voice their pain are often viewed as pariahs. On the other hand, those who choose to live in silence frequently reject the social norms in place, and experience inhibited critical thought and political participation.

The “disappeared” never quite belong to the past, because they are always the victims of a crime that is not been resolved: it is permanent.[60] They are considered as non-existent by the government that condones and recognizes impunity. It is easier to not acknowledge their human nature. Society, also rejects the “disappeared.” They are refused the right to a location and their families are forced to linger in a limbo of shadows of doubts and fantasies. They are permanently kept in a in a state of cruelty and torture: there agony is suspended in time.

Chile, its military dictatorship and its gradual and painful transition has shed light on the difficulty and resistance to accept the innocence and accidental nature of victimization. The claims of survivors have come up against the usual response to allegations of human rights violations: denial.[61] This denial has manifested itself as “literal denial” (nothing happened); “interpretative denial” (what happened is really something else): and “implicatory denial” (what happened is justified.)”[62] Chile’s post-dictatorial government has mistakenly envisioned impunity as the guarantee of the stability of its political system, when if fact, all it has done is obstruct the path towards personal growth, the possibility of improvement and peaceful co-existence.

[1] Fabiola Letelier del Solar, Discurso de Apertura: Seminario Internacional “Impunidad y sus efectos en los procesos democráticos,”
[2] Allende shot himself after the Chilean air force bombed the presidential palace..
[3] Sebastian Brett, Chile When Tyrants Tremble:The Pinochet Case, Vol. 11, No. 1 (B) Human Rights Watch Report.
[4] The DINA it was later dissolved in 1977.
[5] Esteban Cuyas, “Las Comisiones de la Verdad en Latino América.,”
[6] .“Politics of Agreement”: Chile During President Alywin’s First Year, (New York: An Americas Watch Report, July 1991, pp. 61-63. Human Rights Watch, World Report 1996, pp. 75-76. Saul Landau and Sarah Anderson, “Autumn of the Autocrat”
[7] Constitucion, Article 48. This decision can be appealed to the Supreme Court.
[8] Following Pinochet’s arrest in Britain, Switzerland, Belgium, and France joined the quest for extradition for crimes committed against their nationals and German and Swedish authorities opened investigations.
[9] The demand of the Spanish Courts was based on the European Convention on Terrorism requiring signatories to provide Mutual Assistance.
[10] A procedure whereby written questions formulated by a court in one country can be answered by a witness in another. Evidence obtained in this manner is admissible in the court from which the request came.
[11] John Hooper, “Move to question Pinochet in the UK”
[12] It is important to highlight at this point that regardless of the whether some of the victims where Spaniards and/or the children thereof, the Spanish Judiciary system requires no direct Spanish connection because after the fall of Franco, Spanish institutions were reformed to give judges the right to look into genocide against anyone, anywhere. Richard Wilson, “Prosecuting Pinochet.”
[13] Paz Rojas, Tarde pero Llega: Pinochet ante la Justicia Española (Madrid: LOM Ediciones, 1998)
[14] Townly, a US citizen, now residing in the US under the witness protection programme who corroborated this account of the death in a televised broadcast in Chile in 1994. Saul Landau and Sarah Anderson, “Autumn of the Autocrat.”
[15] John Kavanagh, “Spain pursues Pinochet on Soria killing.”
[16] . Resolution 95[1] of the UN General Assembly(1946)
[17] Petición de Amnistía Internacional
[18] John Hooper, “Spain’s scourge on rights abuse.”
[19] “Legal Arguments from the British House of Lords”
[20] Sebastian Brett, Chile When Tyrants Tremble:The Pinochet Case, Vol. 11, No. 1 (B) Human Rights Watch Report
[21] This Article serves the principle of Aut Dedere Aut Punire,
[22] J. Herman Burgers and Hans Danelius, The United Nations Convention against Torture; A Handbook on the Convention against Torture and other Cruel, Inhuman, and Degrading Treatment or Punishment, (Kluver Law international, August 1988) p. 131.
[23] Report of the National Commission on Truth and Reconciliation, Vol. 1, Part 2, A2, p. 71 of the English Translation
[24] Americas Watch, “Chile in Transition: Human Rights since the Plebiscite 1988-1999,” A Human Rights Watch Short Report. P. 9; Amnesty International, “Chile: reports of torture continue,” AMR 22/07/89, February 1989, pp. 1-2
[25] Report of the Human Rights Committee, Vol. II, GAOR, 49th Session, Supplement 40 (1994), Annex IX T, paras 2.1-2.5) (Kurt v. Turkey, Eur. Ct Human. Rts. Case No. 15/1997/799/1002, 25 May 1998, para. 134) (Inter-American Court H.R., Velasquez Rodriguez case, Judgment of July 29 1988. Series C No. 4, para. 187)
[26] Hugo Young, “Law leaves one man no place to hide. Who? Jack Straw”
[27] Peter Weiss, “Punishing Pinochet.”
[28] It is located in Costa Rica and establishes the legal perimeters for most of Latin America.
[29] Geoffrey Robertson, “Straws hands are tied.”
[30] Clare Dyer et al. “Straw’s search for peace: The next step.”
[31] Patricia Politzet, “Chile: Se acabó la tregua”
[32] John Kavanagh, “Spain pursues Pinochet in the Soria killing.”
[33] Patricia Politzer, “Chile: se acabó la tregua.”
[34] Sebastian Brett, Chile When Tyrants Tremble:The Pinochet Case, Vol. 11, No. 1 (B) Human Rights Watch Report.
[35] Jan McGirk, “The Ghost of Chile’s Repressive Past Returns to Haunt Those that Suffered at its Hand.”
[36] Pinochet’s immunity was one of the unspoken rules of the transition Concertacion negotiated with the military after the 1988 plebiscite.
[37] Article 58 of the Constitution requires the Supreme Court to authorize the prosecution of a member of Congress before trial proceedings can be instituted except for crimes detected in the act.
[38] Humberto Lagos Schuffeneger, “El derecho de vivir en la patria.”
[39] Americas Watch, Chile: Human Rights and the “Politics of Agreement”: Chile During President Aylwin’s First Year. (New York, An Americas Watch Report, July 1991) p. 181.
[40] Mark Mulligan, “Pinochet’s Shadow hangs over Chile.”
[41] The 1980 Constitution allowed Pinochet to appoint up to ¼ of the Senate’s members.
[42] Americas Watch, Chile: Human Rights and the “Politics of Agreement”: Chile During President Aylwin’s First Year. (New York, An Americas Watch Report, July 1991) p. 181.
[43] The military attempted to stop the court into discontinuing the investigations.
[44] Sebastian Brett, Chile When Tyrants Tremble:The Pinochet Case, Vol. 11, No. 1 (B) Human Rights Watch Report. Jonathan Franklin, “Chile faces moment of truth with hearing to seal off Pinochet’s escape route.”

[45] Ibid.
[46] People now openly dare to call him by his nickname Pinocchio, acknowledging thus, the extent of his lies. Jonathan Franklin, “Chile faces moment of truth with hearing to seal off Pinochet’s route.
[47] Jan McGirk, “The Ghost of Chile’s Repressive Past.”
[48] This appeals to a Chilean law that declares individuals with severe trauma, dementia, or other mental illness incapable of defending themselves. This, however, has no role in the possibility of Pinochet being stripped of his senatorial privileges.
[49] Jan McGirk, “Pinochet’s mind is healthy, say Chilean doctors.”
[50] Ibid.
[51] Mark Mulligan, “Pinochet’s shadow hangs over Chile.”
[52] Jan McGirk, “Pinochet to appeal after court removes immunity.”
[53] Carlos Chipoco, “El derecho de la verdad” En Paz, N. 28 (Lima, Peru: March, 1994)
[54] Madariaga, Carlos. “La reparacion por parte del Estado hacia las victimas de la Tortura,” in Reflexion, Cintras, año 7, N.22, diciembre 1994, p. 9-11
[55] Esteban Cuyas, Las Comisiones de la Verdad en América Latina.
[56] Robinson Rojas Sandford, The Murder of Allende and the End of the Chilean Way of Socialism, Translated from Spanish by Andrée Conrad (New York: Harper and Row, 1975, 1976) p. 206-210
[57] These reparations would focus on areas of social services: health care, education counseling….etc
[58] Rona M. Fields, Impunity v. Healing.
[59] Elina Aguiar, Efectos psicosociales de la impunidad.
[60] Carlos Portillo, Impunidad U Olvido.
[61] James, Mel. “The Country Mechanisms of the United Nations Commission on Human Rights” in The Universal Declaration of Human Rights: Fifty Years and Beyond. Edited by: Yael Danieli, Clarence J. Dias and Elsa Stamatopoulou. Amityville, New York: Baywood Publishing Company, Inc: 1998. p. 80
[62] S. Cohen, Government Responses to Human Rights Reports: Claims, Denials and Counterclaims, in Human Rights Quarterly, 18:3, August 1996

SFGate: Spain investigates what America should

noreply@blogger.com (AngelaJoTM) — Wed, 08 Apr 2009 15:11:00 +0000

This blog has been quiet as a late. This has not been the result of negligence or of a lack of stories and realities to comment on, but rather, lack of time and an excess of committments. Having said that, impunity, regardless of the position and power of the transgressor is never acceptable.
---------------------------------------------------------------------

Monday, April 6, 2009 (SF Chronicle)
Spain investigates what America should
Marjorie Cohn

A Spanish court has initiated criminal proceedings against six former officials of the Bush administration. John Yoo, Jay Bybee, David Addington, Alberto Gonzales, William Haynes and Douglas Feith may face charges in Spain for authorizing torture at Guantánamo Bay. If arrest warrants are issued, Spain and any of the other 24 countries that are parties to European extradition conventions could arrest these six men when they travel abroad.

Does Spain have the authority to prosecute Americans for crimes that didn't take place on Spanish soil? The answer is yes. It's called "universal jurisdiction." Universal jurisdiction is a well-established theory that countries, including the United States, have used for many years to investigate and prosecute foreign nationals for crimes that shock the conscience of the global community. It provides a critical legal tool to hold accountable those who commit crimes against the law of nations, including war crimes and crimes against humanity. Without universal jurisdiction, many of the most notorious criminals would go free. Countries that have used this as a basis to prosecute the most serious of crimes should be commended for their courage. They help to create a just world in which we all seek to live.

Israel used universal jurisdiction to prosecute, convict and execute Adolph Eichmann for his crimes during the Holocaust, even they had no direct relationship with Israel. A federal court in Miami recently convicted Chuckie Taylor, son of the former Liberian president, of torture that occurred in Liberia. A U.S. court sentenced Taylor to 97 years in prison in January.

Universal jurisdiction complements, but doesn't supersede, national prosecutions. So if the United States were investigating the Bush officials, other countries would refrain from doing so. When the United States ratified the Convention Against Torture, it promised to extradite or prosecute those who commit, or are complicit in, the commission of torture. President Obama, when asked whether he favored criminal investigations of Bush officials, replied, "My view is also that nobody's above the law and, if there are clear instances of wrongdoing, that people should be prosecuted just like any ordinary citizen." "But," he added, "generally speaking, I'm more interested in looking forward than I am in looking backward." Preoccupied with the economy and two wars, Obama reportedly wants to wait before considering prosecutions that would invariably anger the GOP.

Evidence that Bush officials set a policy that led to the torture of prisoners at Guantánamo continues to emerge. According to ABC News, Gonzales met with other officials in the White
House and authorized torture, including waterboarding.

The Office of Professional Responsibility, which reports to the U.S. attorney general, drafted a report that excoriates Yoo and Bybee for writing the infamous torture memos. Haynes, Addington and Feith participated in decisions that led to torture. The release of additional graphic torture memos by the U.S. Department of Justice is imminent. It is the responsibility of the United States to investigate allegations of torture. Almost two-thirds of respondents to a USA Today/Gallup Poll favor investigations of the Bush team for torture and warrantless wiretapping. Nearly four in 10 support criminal investigations.

Former Navy General Counsel Alberto Mora told Congress, "There are serving U.S. flag-rank officers who maintain that the first and second identifiable causes of U.S. combat deaths in Iraq - as judged by their effectiveness in recruiting insurgent fighters into combat - are, respectively the symbols of Abu Ghraib and Guantánamo." Providing impunity to those who ordered the torture will be the third recruiting tool.

If the United States refuses to investigate now, it will be more likely that some future administration will repeat this scenario. The use of torture should be purged from our system, much like we eradicated slavery.

Marjorie Cohn is a professor at the Thomas Jefferson School of Law and president of the National Lawyers Guild. She is the author of "Cowboy Republic: Six Ways the Bush Gang Has Defied the Law," and co-author of "Rules of Disengagement: The Politics and Honor of Military Dissent."

----------------------------------------------------------------------
Copyright 2009 SF Chronicle

Sign the Declaration: Campaign: "Africa for Women's Rights"

noreply@blogger.com (AngelaJoTM) — Wed, 25 Feb 2009 16:09:00 +0000

Source: AWID - Association for Women in Development(http://www.awid.org/)

"Africa for Women's Rights" is a campaign launched by regional and international human rights and women's rights organisations present throughout Africa. The campaign's aim is to call on African states to ratify international and regional women's human rights protection instruments and to respect them in law and practice.

Sign the declaration

Campaign Declaration

To be signed by all: individuals and organisations, in Africa and elsewhere... Circulate it as widely as possible and enter the signatures online.

WE, the undersigned national, regional and international human rights and women’s rights organisations and individuals, present throughout Africa and the world

CONCERNED BY:

- Persistent widespread discrimination and violence against women: In the majority of African countries discrimination remains rooted in law and practice: women are denied equal rights to inheritance, property, custody and guardianship of children, and are subjugated to their husbands. Women have unequal and limited access to education, health, justice and public affairs.

Violence continues to be perpetrated against women in both the public and private spheres. Across the continent women continue to suffer domestic and sexual violence, harmful traditional practices, such as female genital mutilation, widowhood rites, wife inheritance, forced and early marriage. In a number of countries recent escalation of political violence has particularly targeted women. In times of armed conflict, women are often the first victims, with sexual violence used as a weapon of war.

- Weak adherence to international and regional women’s human rights protection instruments: International law requires states to take all necessary measures to end discrimination and ensure respect for women’s human rights. However, whilst almost all African states have ratified the Convention on the elimination of all forms of discrimination against women (CEDAW), 8 states have entered reservations to this Convention, which undermine the very principle of non-discrimination; and 35 states have not ratified its Optional Protocol, which allows individual women to seek redress for violations. Further, 5 years after its adoption, 28 states have still not ratified the Protocol to the African Charter on Human and People's Rights on the Rights of Women in Africa.

- The failure of states to make the necessary legal and political reforms to end violations of women’s human rights: Even states that have adhered to these instruments have so far failed to take the measures required to ensure their implementation. States continue to maintain laws that expressly or indirectly discriminate against women and fail to adopt legislation and policies to protect women from violence and discrimination. Where such laws do exist, violations often go unpunished and impunity prevails. Insufficient efforts are made to raise awareness on women’s human rights and to guarantee access to independent and impartial justice. Many states do not even comply with the obligation to submit periodic reports on the implementation of international and regional instruments, reflecting a serious lack of commitment to protect and promote women's human rights.

RECOGNISING:- The need for mobilisation: All civil society organisations, both human rights NGOs and women's rights organisations, need to work together to combat discrimination and violence against women, which harm entire societies and future generations.

REITERATE that national governments have the primary responsibility of ensuring respect for women’s human rights. Culture tradition and religion cannot be invoked as justifications for violations of women’s human rights. The elimination of discrimination and violence against women is above all a matter of political will;

HEREBY launch a Campaign to mobilise all African and international actors for the realisation of gender equality and women’s human rights in Africa;

CALL UPON African states to take all necessary measures to ensure respect for women’s human rights, including civil, political, economic, social and cultural rights, and in particular to:

Ratify without reservations the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, CEDAW and the Optional Protocol to CEDAW;

Bring national legislation in conformity with the provisions of international and regional women’s human rights protection instruments, by abolishing discriminatory laws and adopting laws to protect women’s human rights;

Put in place all necessary measures to ensure the effective application of these laws.

CALL UPON all national, regional and international actors to join the Campaign so that, together, we can achieve gender equality and full respect of women's human rights.
- End of Declaration-

To sign the declaration, please visit the Africa for Women's Rights website

March 1st, 2009: Sour Milk and Honey Screening at the Takoma Park Film Festival in Washington, DC

noreply@blogger.com (AngelaJoTM) — Mon, 23 Feb 2009 19:11:00 +0000

Sour Milk and Honey will be presented at 4pm, March 1st, 2009, during the Takoma Park Film Festival. It is part of a Sunday series entitled, "After the War Comes the Occupation: Four Programs of Documentary and Experimental Work Exploring War, Occupation, and the Impact of Military Engagement on Civilians."

Writer and director, Tarek Maassarani, became involved in this film, which focuses on the Israeli-Palestinian conflict during his time working in the Middle East. Despite Tarek's humility in the appreciation of his work "It's certainly not Oscar material", he concedes that, “it always seems to gain a warm reception and provoke good discussion".

Of the filmmaking process, "I enjoyed the artistic process immensely and since its release in 2006 have been pleasantly surprised to have it screened at the Montreal World Film Festival, the Harlem International Film Festival, amongst others, as well as for graduate and undergraduate classes on the Middle East conflict - AND NOW close to home at the Seventh Annual Takoma Park Film Festival", Tarek says.

As for the Tarek Maassarani’s background, he is currently an international human rights fellow at Cohen Milstein. He holds a law degree from the Georgetown University Law Center, a master’s degree in international affairs from Columbia University’s School for International and Public Affairs, as well as a bachelor of arts in Anthropology and a bachelor of science in Environmental Studies both from the University of California, Santa Barbara.

Prior to joining CMHT, Tarek was a staff attorney with the Neighborhood Legal Services Program, providing indigent residents of the District of Columbia with legal services and representation in the areas of family, employment, discrimination, public benefits, housing, and consumer law. He has also worked with the Government Accountability Project (GAP), an organization that advocates for whistleblowers in the public interest. At GAP, he conducted investigations into First Amendment issues affecting federal climate scientists, which resulted in a published report and testimony before Congress.

This viewing of Sour Milk and Honey will be followed by the showing of the full length version at the Georgetown Law Amnesty International chapter’s Human Rights Film Festival on March 26th, 2009. The primary footage not cut from the unabridged version is a scene of the crew conducting a role play of the conflict with students at a DC public elementary school. “It is long and rough footage”, Tarek explains, “so [it is]not intended for a general festival audience, but fascinating nonetheless in exploring how inner city children see the world and what lessons they can teach us about international politics.”

For further information please contact:
Tarek Maassarani at maassive (at) g m a i l (dot) com.

The New York Post: President Obama Signs Stimulus Bill into Law

noreply@blogger.com (AngelaJoTM) — Mon, 23 Feb 2009 18:22:00 +0000

Last week, the very day after President Obama signed his stimulus bill into law, the NY Post ran a cartoon depicting the bill's "author" as a dead monkey, covered in blood after being shot by police.

You can see the image by clicking on the link below.

In the face of intense criticism, the Post's editor is standing by the cartoon, claiming that it's not about Obama, has no racial undertones, and that it was simply referencing a recent incident when police shot a pet chimpanzee. But it's impossible to believe that any newspaper editor could be ignorant enough to not understand how this cartoon evokes a history of racist symbolism, or how frightening this image feels at a time when death threats against President Obama have been on the rise.

Please join me and other ColorOfChange.org members in demanding that the Post apologize publicly and fire the editor who allowed this cartoon to go to print:

http://www.colorofchange.org/nypost/?id=2105-812160

The Post would have us believe that the cartoon is not about Obama. But on the page just before the cartoon appears, there's a big picture of Obama signing the stimulus bill. A reader paging through the Post would see Obama putting pen to paper, then turn the page to see this violent cartoon. The imagery is chilling.

There is a clear history in our country of racist symbolism that depicts Black people as apes or monkeys, and it came up multiple times during the presidential campaign.

We're also in a time of increased race-based violence. In the months following President Obama's election there has been a nationwide surge in hate crimes ranging from vandalism to assaults to arson on Black churches. There has been an unprecedented number of threats against President Obama since he was elected, with hate-based groups fantasizing about the killing of the president. Just a week ago, a man drove from Louisiana to the Capitol with a rifle, telling the police who stopped him that he had a "delivery" for the president.

There is no excuse for the Post to have allowed this cartoon to be printed, and even less for Editor Col Allan's outright dismissal of Black concerns.

But let's be clear who's behind the Post: Rupert Murdoch. Murdoch, the Post's owner, is the man behind FOX News Channel. FOX has continually attacked and denigrated Black people, politicians, institutions at every opportunity, and ColorOfChange has run several campaigns to make clear how FOX poisons public debate.

I don't expect much from Murdoch. However, with enough public pressure, we can set the stage for advertisers and subscribers to think long and hard before patronizing outlets like the Post that refuse to be held accountable.

You can help, by making clear that the Post's behavior is unacceptable, and by asking your friends and family to do the same. Please join me:

http://www.colorofchange.org/nypost/?id=2105-812160

IWMF: Women human rights journalists invited to apply for fellowship

noreply@blogger.com (AngelaJoTM) — Wed, 18 Feb 2009 15:25:00 +0000

Originally posted on: 11/02/2009

Fellowships and Awards, Human Rights Deadline: 15/04/2009
Region: Worldwide

The Washington, D.C.-based International Women's Media Foundation (IWMF) is now accepting applications for the 2009-10 Elizabeth Neuffer Fellowship, which is open to women journalists whose focus is human rights and social justice.

The tailored program allows one woman journalist to spend an academic year with access to universities in the Boston area as well as major U.S. newspapers The Boston Globe and The New York Times. The fellowship will run from September 2009 to May 2010. Deadline: April 15.

Elizabeth Neuffer, an award-winning reporter for The Boston Globe who was killed in May 2003 in an automobile accident while on assignment in Iraq, won the IWMF's Courage in Journalism Award in 1998.

Successful applicants will be dedicated to a career in print, broadcast or online journalism, and will show a strong commitment to sharing knowledge and skills with colleagues upon the completion of the fellowship. Excellent written and spoken English skills are required. A stipend will be provided, and expenses such as airfare and housing will also be covered.

For information about the fellowship, click here. For the online application form, click here.

Witness Justice: Domestic Violence Service Providers Receive Free Advanced e-Learning

noreply@blogger.com (AngelaJoTM) — Thu, 12 Feb 2009 15:13:00 +0000

FOR IMMEDIATE RELEASE

Contact: Helga (Luest) West
p: 301-846-9110

Witness Justice's New Program with the Office on Violence Against Women Launches Nationally

Washington, DC - The U.S. Department of Justice, Office on Violence Against Women (OVW) and Witness Justice (WJ) have developed TrainingForums.org, an innovative Web-based training and education program created to address important and difficult issues facing professionals that work with survivors of domestic violence. In addition to WJ and OVW, the partnership includes the New York State Coalition Against Domestic Violence, MetaMedia Training International, Inc., and a wide range of other domestic violence and related issue experts. Together, the initiative has produced a service provider training facility comprised of (initially) three (3) free courses along with a community discussion forum featuring expert moderators on 12 distinct topics. This program also marks an important collaboration between the Department of Justice and the Department of Health and Human Services (DHHS), where DHHS' National Center for Trauma-Informed Care serves as expert counsel on trauma as it relates to the course topics. The e-learning platform is designed to help providers with hot topics facing this field of service provision. The initial courses include understanding trauma and creating trauma-informed services; cultural competency; and responding to undocumented survivors. The development of this program is a major step in creating an accessible, cost effective, state-of-the-art tool to deepen professional understanding on difficult and emerging topics, while building peer support and fostering dialog in the domestic violence community. It is the outcome of Witness Justice's National Domestic Violence Task Force that was assembled in 2005 to find innovative ways to address gaps in this field. Both the courses and forums can be accessed by going to www.TrainingForums.org.

Witness Justice is a national grassroots nonprofit organization, based in Maryland. Our mission is to provide support and advocacy for victims of violence and trauma. For more information, please visit us at www.WitnessJustice.org.

CALL FOR: Cases on Adoption, Diffusion and Evaluation of Global E-Governance Systems: Impact at the Grass Roots

noreply@blogger.com (AngelaJoTM) — Mon, 09 Feb 2009 21:19:00 +0000

Proposal Submission Deadline: March 15, 2009
Full Case Submission Deadline: June 15, 2009

Cases on Adoption, Diffusion and Evaluation of Global E-Governance Systems: Impact at the Grass Roots
A book edited by Dr. Hakikur Rahman, ICMS, Bangladesh

To be published by IGI Global: http://www.igi-global.com/requests/details.asp?ID=598

This publication is part of the Advances in Electronic Government Research (AEGR) Book Series found at http://www.igi-global.com/aegr

Introduction

Generally, e-government refers to the use of new ICTs by governments applied to the full range of government functions. In a broad sense, e-government is the use of information technology to provide citizens and organizations with more convenient access to government information and services, and offer delivery of public services to citizens, business partners, and others who are working in the public sector. E-governance is a network of organizations to incorporate government, non-government, profit, nonprofit, not-for-profit and private sector entities. In e-governance there are no distinct boundaries. The model for e-governance could be a one-stop portal, where citizens have access to a variety of information and services.

Overall Objective of the Book

Most of the e-government systems at the early stages are being built to exactly mimic the age-old conventional systems, and virtually computerize the traditional methods and procedures. Electronic solutions are merely implanted into government offices without looking into the transformational aspects (mental, organizational, physical, logical, cultural, working style, etc.) and are not providing the entire eco-system for long-term sustenance. This book will accommodate cases related to theories, issues and methodologies for designing, implementing and operating successful e-government systems. This book will cover a variety of services and applications across the globe that have been improving the overall governance of nations and economies. This book will be concise in synthesizing the theoretical analysis, focus more to pragmatic implementations, and emphasize on effective e-government systems for better implementation at the grass roots.

Target Audience

Being a casebook on e-government, this book will try to cover other aspects of the e-society, such as e-learning, e-business, e-procurement, e-commerce, e-payment, e-health, e-democracy, e-voting, e-police, and other e-applications and e-services. Therefore, this book will be useful to development partners, policy makers, government and non-government staffs, knowledge managers, researchers, academics and individuals.

Recommended topics for case studies include, but are not limited to, the following:

Laws, jurisdictions, policy matters related to e-government
Benchmarking of e-government system
Designing of e-government systems
Adoption of appropriate solutions and utilities
Assessment of e-government policies and systems
Comprehensive analysis of e-government implementations
Performance and effectiveness measurement of e-government systems
Incorporation of decision supports tools
Learning and Knowledge development
Economic empowerment, Social empowerment, and Sustainable development
Recommendations on Benchmarking and its algorithms

Submission Procedure

Researchers and practitioners are invited to submit on or before March 15, 2009, a 2-3 page case proposal clearly explaining the mission and concerns of his or her proposed case. Authors of accepted proposals will be notified by March 31, 2009 about the status of their proposals and sent case guidelines. Full cases are expected to be submitted by June 15, 2009. All submitted cases will be reviewed on a double-blind review basis. Contributors may also be requested to serve as reviewers for this project.

Publisher

This book is scheduled to be published by IGI Global (formerly Idea Group Inc.), publisher of the “Information Science Reference” (formerly Idea Group Reference), “Medical Information Science Reference,” and “IGI Publishing” imprints. For additional information regarding the publisher, please visit www.igi-global.com. This publication is anticipated to be released in 2011.

Important Dates:

March 15, 2009: Proposal Submission Deadline
March 31, 2009: Notification of Acceptance
June 15, 2009: Full Case Submission
July 15, 2009: Review Result Returned
August 31, 2009: Final Case Submission

Editorial Advisory Board Members:

Derya Altunbas, Canakkale Onsekiz Mart University, Turkey
Ángela-Jo Medina, Financial Literacy Coalition of Central Texas and Caritas of Austin, USA
D.C. Misra, eGov Researcher and Consultant, India
Ken Stevens, Memorial University of Newfoundland, Canada
Kam Hou Vat, University of Macau, Macau

Inquiries and Submissions can be forwarded electronically (Word document) to:

Dr. Hakikur Rahman
Institute of Computer Management & Science
Mirpur, Dhaka-1216, Bangladesh
Tel.: +880 2 803 4130 • FAX: +880 2 901 4764 • GSM: +351 960193872
Email: email@hakik.org
Web: www.hakik.org

The Use of Social Networks in Refugee Resettlement and Cultural Orientation Process : The role of Social Capital and Considerations for Implementation

noreply@blogger.com (AngelaJoTM) — Mon, 09 Feb 2009 06:21:00 +0000

Author’s note: The foundation for this article is the result of my research on the analysis and management of social networks and the work I have done since 2005 pertaining to the design and implementation of the cultural orientation process for resettled refugee.

Social Networks are everywhere. Generally the mere mention of the phrase elicits thoughts of Facebook, MySpace, eAcademy, Friendster, and numerous other “web-based services that allow individuals to (1) construct a public or semi-public profile within a bounded system, (2) articulate a list of other users with whom they share a connection, and (3) view and traverse their list of connections and those made by others within the system.” However, the truth is that social networks have existed since the beginning of time in the form of individual or organization based social structures where nodes unite elements through different types of interdependency: ideas, finances, friendship, family ties, aversion, conflict commerce, etc. In this manner, social networks play a crucial role how problems are solved, social structures function and how successful individual or community endeavors are in meeting their goals.

The purpose of this article is to present the logic behind this cultural orientation model and to present general considerations to replicate the manner in which social networks have been used in refugee resettlement thus far.

According to the United Nation’s High Commission for Refugees’ Refugee Education Panel, “Education is key to integration”. In fact, once basic needs have been met, educational opportunities and training offer access to the workplace and the attainment of long-term employment. Education facilitates the integration process and allows the individual to become an active and constructive member of society. A crucial step in the adjustment process is to learn the language of the host country and find employment. In order to support language acquisition classes, as in the case of Finland, Sweden, the Netherlands and Denmark, resettlement programs must provide information regarding culture and society, as well as psychological assistance.

Although many communities, governmental and non-governmental agencies have programs dedicated to facilitating the cultural orientation and refugee integration process, it is rare to find a holistic approach to the issues that affect this population. Not only does this group have to face the challenge of becoming accustomed to different city and community, but it also has to assimilate into a new culture. This hardship is compounded by the fact that the vast majority of refugees resettled in the United States are 150% beneath the federal poverty line. Thus, in addition to financial aid and assistance navigating the main facets of integration (such as, English-language acquisition or job placement) refugees can also benefit from the opportunity to become familiar with the rights, responsibilities and mechanisms of the system in which they are immersed.

It is within this context that the resettlement agency plays the role of central node for the group-based network and therefore maintains and strengthens its social capital as a collective good [Bourdieu, 1986] that benefits the refugee population it serves. This illustrates, according to Coleman, that the social networks created will not only situate and preserve the position of the individual within the existing social structure, but will also provide sufficient social capital to preserve the integrity of the structure itself (1990). Social capital experts have emphasized the importance of the resources engrained in social networks, which actors access to increase the odds of the success of activities with a defined objective. To date, the focus has been on the manner in which actors access and utilize the social resources available through their network both individual (between the refugee and his/her peers and the refugee and the resettlement agency) [Lin, 1982, 1999 and 2001] and group-based (among the different social service and public service provider agencies)

Within this context, social and public service providers must seek a holistic method to meet the informational and psychological needs of refugees. This cultural orientation model satisfies the need to establish relationships based on dialogue, reciprocity and complementarities between different stakeholders and refugee populations. The establishment of direct relationships between refugees and the public entities, with whom daily life requires interaction, is achieved by fomenting discussion around critical attitudes and values. This is led by organization representatives and takes place within facilitated classroom and workshop settings.

Social capital is understood as the creative value added provided by certain types of social structures and organizations and how these contribute to the heightened dynamism and strengthening of social life. In keeping with Robert Putnam’s work, social capital includes those characteristics organizations posses such as, trust, rules and networks that can improve the efficiency of society by facilitating coordinated ventures (Putnam, 1993, 167). They are associations that generate social trust and room for cooperation. Social capital rises in relevance when existing links make up a relatively solid and active cooperative network within which trust is prevalent. The work of ECLCAC (The Economic Commission for Latin America & the Caribbean) draws a line between individual and community based social capital. This is due to the fact that although both variations share the notion of networks, the distinction lies in that individual social capital extends throughout egocentric networks whereas community social capital is based in managed and controlled structures. Nevertheless, since the increased density and interconnectivity of egocentric relationships fosters the emergence of new social actors and provides a support system that individually and collectively empowers its members, the interaction between these variants is relevant for the creation of public policies, municipal and otherwise, that entail greater participation on the part of and benefit to civil society actors.

Accordingly, through the contemporary concept of social capital, governments are gaining renewed understanding of the importance of civil society in the definition, implementation, and support of governmental actions. Cooperation and participation, as exemplified by the social networking based cultural orientation, are being rediscovered as key factors in the development and growth of a region.

The quantitative and qualitative analysis of the outcomes that result from fostering these networks, which act as a foundation for social capital is a worthwhile endeavor in that it allows for us to predict the actions and decisions that arise from these associations. It helps determine how multiple relationships influence the behavior of different network participants. From this perspective large scale linkages are clearly differentiated since they simultaneously offer a horizontal and vertical view of the factors that exercise pressure on and constitute social enclaves. Refugee Cultural Orientation is a prime example of how a tool of this nature can enhance the ability to determine additional elements that will contribute to the success of certain social, economic, and political initiatives as they pertain to refugees and their insertion into their host communities. It has facilitated the identification of small or marginal community networks and allowed community stakeholders to come together in order to facilitate their integration into the greater whole. From a social networking standpoint the benefits of this approach are many: both groups access to greater quantity, if not quality, of social capital through unrepeated links or contacts and, as a by product the networks strengthened.

In that same vein, the increased closeness of the links between network participants signals greater commitment to and involvement with the process of reaching the desired outcome, which translates into, “Members’ mutual feelings of trust, openness, belonging, shared commitment, and common values provide the foundation for mutual learning among diverse members. … This sense of community is at the heart of communities’ success.” (Synder & Souza Briggs). As Putnam notes (1993, 1995), participation, association and the exchange of information are key indicators of social well-being as they promote collective standards and trust. The use of social networks is carried out via classes or workshop. It connects and then streamlines the flow of information from node to node, makes alternatives –that would otherwise be unknown- available, educates the individual decision-making process, aids in the recreation of the identity of the refugee, promotes acknowledgement on behalf of the greater part of society and enhances the provision of assistance.

Considerations for Implementation

As noted, one must never lose sight of the fact that the unique needs of refugee clients are compounded by the situations that have led to their very status as refugees. Thus these considerations for utilizing social networks within the context of refugee resettlement aim to increase the activities and information available to address the multiple idiosyncrasies of each refugee client, all the while providing common tools to enable the client to overcome the barriers they face. The result thereof is the creation of a network of organizations that offer services to immigrants and the community in general so that:

· These organizations participate in the classes and workshops for refugees during which they address issues pertaining to their area of expertise.

· Refugee clients are empowered by the courses/information offered in such a manner that said information can be used within 6 months of arrival to promote self-sufficiency at the 7th month after arrival if not sooner.

To review some previous points, it is crucial to engage local actors because it:

· Facilitates the resettlement process and integrates refugee clients into the community.

· Empowers the refugee clients by providing information that is vital to their decision making process, the re-creation of their identity and self-sufficiency.

· Raises awareness of refugee issues among the local population and organizations/entities and promotes diversity, which ultimately informs policy.

· Helps refugee clients overcome barriers they may have due to prior experience with official institutions/entities.

· Promotes collective standards, trust and an understanding of the “common good”.

The factors to consider when designing this type of cultural orientation process are:

Federal Regulations: What is the resettlement agency bound to provide by law?
Funding Source requirements: What is required from the funding sources, both in terms of content and in terms of program reporting and accountability? What mechanisms can be put in place to address the latter of these and ensure quality control?
What agencies, institutions and or public services will the client have to interact with regularly?
What systems must a person be familiar with to survive in the host community/country?
What services and benefits available are specific to this community and would be beneficial for new arrivals?
What services are already available? How can a duplication of efforts be avoided and existing resources be maximized?

Once these questions are answered and potential stakeholders are identified it is important to:

· Emphasize the long-term benefit that participation in the orientation process will suppose for the stakeholder.

· Identify what information can be provided by the stakeholder to minimize culture shock and ease the acculturation process.

· Determine the logistics behind implementing the process: time, venue, frequency…

· Identify potential set-backs for the process and their corresponding solutions.

Social Network Based Cultural Orientation for Refugees

View more presentations from Angela-jo Touza - medina. (tags: cultural orientation)

If you have any questions or comments please do not hesitate to contact me at the address provided in the ABOUT ME section of this blog.

Six Time Management Tips for Project Managers

noreply@blogger.com (AngelaJoTM) — Sat, 17 Jan 2009 01:32:00 +0000

Six Time Management Tips for Project Managers

I received this advice via a Project Manager group of which I am part. I appreciate the simplicity and straightforwardness of the tips. Both as a project manager as well as a member of project teams, I have learned the dangers of extreme engagement in every phase of the project cycle. It is important to promote ownership among team members in order to increase effectiveness and efficiency and strengthen the individual team members as well as the whole. Trust is absolutely essential.

Invisible Victims

noreply@blogger.com (AngelaJoTM) — Fri, 16 Jan 2009 19:40:00 +0000

Israel Strike Hits U.N. Building in Gaza Strip - NYTimes.com

In light of current circumstances in the Occupied Territories, it seems more appropriate than ever to disseminate an analysis I completed several years ago on the Human Rights of Women in Palestine. Since then, a bad situation has only become worse.

Introduction

The United Nations Charter, the Universal Declaration of Human Rights and the derived treaties, declarations, conventions and protocols, have enunciated and emphasized equality between men and women. These documents include the Convention on the Elimination of all Forms of Discrimination against Women[1], which establishes the right to non-discrimination and confirms the equality between women and men in international law. It affirms the rights of women to enjoy and exercise their human rights and civil, political, cultural, economic and social freedoms.

The state of the human rights of women in the Palestinian Occupied Territories from 1967 to date is characterized by acute precariousness and total disregard for the international legal framework within which the situation unfolds. These rights have been eroded by a set of factors: the measures taken by the Israeli government, the normative system in place in a conservative, patriarchal society and the assignation of gender roles.

Given the role of women as educators and community symbols, violence against women in any and all of its dimensions becomes a method of ethnic cleansing and a tool for genocide. These actions are carried out to destabilize society, eradicate resistance and obtain information.[2]
This brief study will outline the condition of the human rights of women in Palestine, and the violations and the consequences thereof.

The Human Rights of Women in Palestine: Collective Punishments.

For over 50 years Palestinian women have faced the daily challenge of survival during a Zionist military occupation, wars and violence. The beginning of the most recent intifada has worsened the, already harsh, reality of the Palestinian people, which has included the collective punishment policy[3] that does not distinguish between “civilian population and combatants,”[4] and is carried out by the Israeli Army. Specifically in the case of women, this policy has had negative repercussions on numerous rights and has violated Articles 6 (right to life), 7 (protection against inhuman and degrading treatment), 9 (freedom from arbitrary detention), 12 (freedom of movement) and 12 and 13 (right to family life) of the International Covenant on Civil and Political Rights. [5] It also violates fundamental rights and the right to health and education enunciated in the International Covenant on Economic, Social and Cultural Rights.[6]

The right to life enunciated in Article 6 of the International Covenant on Civil and Political Rights has been violated repeatedly in numerous circumstances. Palestinian women have lost their lives at the hands of occupying forces, not only as the bulls eye of actions taken against individuals that are direct participants in confrontations with Israeli soldiers, but in the majority of cases have been “collateral damages.” These murders have taken place in mundane circumstances in which the victims were on their way to work, to school, shopping or in search of medical treatment.

Limitations on freedom of movement and circulation, which have arisen from the imposition of military blockades and curfews, have weakened the economy and resulted in the impoverishment of the population.[7] These rules prohibit Palestinian citizens from accessing their places of work and hinder commerce. The life and welfare of Palestinian women are endangered by having to transit on thoroughfares that are frequently bombed and where they are sexually harassed by Israeli soldiers. These factors have led to a significant rise in academic failure in an environment in which education optimizes the likelihood of economic participation. Furthermore, it denies access to the social and political returns that education and its resulting empowerment entail.
The human rights of women include the right to enjoy freedom and control over their sexuality, including sexual and reproductive health, without coercion, discrimination and violence.[8] The closure and isolation of roads and towns without doctors and hospitals has impeded access to primary medical care and, according to UNRWA data, has resulted in an increased number of miscarriages and stillbirths.[9] . Pregnant women are exposed to the inhalation of toxic gases and to being the target of attacks due to their homes’ proximity to checkpoints or Israeli settlements. This violates Article 12 of the Convention on the Elimination of all Forms of Discrimination against Women that requires state elimination of any type of discrimination of women regarding access to health care, particularly where family planning, pregnancy and pre-natal health are concerned. It also indirectly violates Article 7 of the International Covenant on Political and Civil Rights[10] on “[subjecting individuals] to torture or to cruel, inhuman or degrading treatment or punishment” and Article 24 regarding the right of the child to enjoy “without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor.”

Palestinian women have historically been linked to agriculture. This task has been essential in the definition of their societal role. Israel’s destruction of farming lands and crops to ensure the safety of the settlers and Jewish settlements is in violation of Article 11 of the International Covenant on Economic, Social and Cultural Rights. It has not only eliminated a source of economic income and survival for Palestinian families but has also displaced and practically annihilated an element of the identity of Palestinian women.

Identity: Women as Victims

The Palestinian woman is the victim of her reality at a variety of levels: political, social, economic and familial. The violence stemming from the occupation becomes apparent in the use of physical force and socio-psychological weapons, such as fear and humiliation.[11] In addition to living in perpetual fear of the destruction of their homes,[12] and their farming lands, they face the daily reality of death –their own and that of their relatives. Women are not only the victims of political violence, but are also overwhelmed by the demands that this situation has lead society to make on the role in which they play in this context.

The concept of womanhood in Palestinian society is deeply rooted in the role of motherhood. Women assume the role of primary caregivers of their children. Since this function is the fundamental characteristic that defines womanhood, women must relegate any desire for autonomy that is not related to this task to a distant second. According to Robin Morgan, women are responsible for producing the next generation of military revolutionaries in the Palestinian refugee camps and any effort of women to reaffirm their reproductive rights is perceived as an affront to the Palestinian cause.[13] As the “mother of the martyr” the social and cultural context demands that the woman, if not deny, contain her pain over her deceased children, because their deaths have been “holy.” Hence women are left without their right to public mourning and are incited to celebrate instead.[14] This scenario exacerbates the pain and suffering of the Palestinian woman and dispossesses her of her humanity insofar as it implicitly belies maternal love and limits her ability to protect her children.

The domestic sphere – the care of the home- is the only parcel of Palestinian social life that is exclusive to women. Hence the reason they have been the most seriously affected by the Israeli Army’s relentless bombing. They have had to learn to endure the persistent fear of losing their belongings and the destruction of their immediate surroundings. They have been forced to flee and seek refuge in the homes of relatives. Rigorous prison sentences imposed by the Israeli government, that separate fathers from their families, chip away at traditional family structures.[15] The tightening of the restrictions on the circulation of males have modified the responsibilities of women, who in turn have had to go beyond their customary duties and have been led to seek employment out of the home to support their children[16] as well as occupy the role of primary caretaker, protector and head of family.

The mutation of gender roles in a society in which, lacking a legal framework and state protection, tribal systems and their related antidemocratic procedures and patriarchal order, destabilizes an already fragile balance. Palestinian men, on the other hand, are forced to abide by the limitations of their reality and accept this inevitable social change. This entails a great degree of frustration on their part. This is due to both their inability to face the situation and its consequences and the lack of identity as far as this is linked to their traditional societal role as providers and protectors of the family. It is then that men turn to domestic violence to reaffirm their power.

The identity and integrity of women has been tarnished within their community by the fear of their being used as informants for the Israeli Armed Forces. This generally involves threats to soil the “honour” of women refusing to cooperate.[17] This possibility shatters the already weak existent social paradigm and has resulted in the marriage of progressively younger women.

Conclusion

The historic subordination of Palestinian women, the state, tribal and familial policies that limit the enjoyment of their human, civil, political, economic, social and cultural rights, demands special and detailed attention to its causes and consequences. Nevertheless, in light of the military occupation and its opposition, state needs supersede the existing demands to advance gender equality in this context. Under these circumstances, in which the state refuses to assume the responsibility of protecting its citizens,[18] and discriminatory policies exacerbate the situation, women are silenced. They are unable to declare and denounce the destruction of their possessions, their lives, their society and their dignity. At this point, and as signatories of the various international legal documents cited throughout the text, it is the duty of the international community to come to the aid of these invisible victims.

--------------------------------------

[1] Convention on the Elimination of All Forms of Discrimination Against Women.
http://www.ohchr.org/english/law/cedaw.htm
[2] Amnesty International. “Respect, protect, fulfill- Women's human rights
State responsibility for abuses by 'non-state actors.’” September 2000. Amnesty International : AI Index: IOR 50/01/00. 7 December 2003, http://web.amnesty.org/library/index/engior500012000
[3] “Collective punishment is a serious violation of international humanitarian law. Article 50 of the Hague Regulations of 1907 contains a prohibition on such conduct as does article 33 of the Fourth Geneva Convention, which provides that "No protected person may be punished for an offence he or she has not personally committed". Moreover, article 147 of the Fourth Geneva Convention criminalizes, as constituting grave breaches under international law, the "extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly". John Durgard, Special Rapporteur on the Question of the Violation of Human Rights in the Occupied Arab Territories, including Palestine. 17 December 2002. Human Rights Commission: E/CN.4/2003/30. 7 December 2003.
http://domino.un.org/UNISPAL.NSF/0/7900b2bacd4290ca85256cbd0055c599?OpenDocument
[4] Article 48 of the 1949 Additional Protocol (I) to the Geneva Convention., ibid. 3
[5] “International Covenant on Civil and Political Rights” 7 December 2003. http://www.ohchr.org/english/law/pdf/ccpr.pdf
[6] Art. 6 y 7: right to work, which includes the right of everyone to the opportunity to gain his living by work
Art. 11: right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions, the fundamental right of everyone to be free from hunger.
Art. 12: the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
Art. 13: the right of everyone to education
“Pacto Internacional de Derechos, Económicos, Sociales y Culturales.” 7 December 2003. http://www.unhchr.ch/html/menu3/b/a_cescr.htm
[7] Human Rights Watch. “Israel, the Occupied West Bank and Gaza Strip, and Palestinian Authority Territories.” Human Rights Watch World Report 2003. 7 December 2003
http://www.hrw.org/wr2k3/mideast5.html
[8] ibid 8.
[9] Women's Centre for Legal Aid and Counseling (WCLAC). “A report on the Situation of Women's Human Rights During the ‘Al-Aqsa Intifada’.” 16 February 2001. Centre of Legal Aide and Counseling. 7 December 2003. http://www.wclac.org/
[10] ibid. 5
[11] ibid. 9
[12] Giorgio Giacomello, Relator Especial de las NNUU. “Cuestión de la Violación de los Derechos Humanos en Territorios Arabes Ocupados, Incluida Palestina.” 21 de marzo de 2001. Comisión de Derechos Humanos: E/CN.4/2001/30. 7 December 2003.
http://domino.un.org/UNISPAL.NSF/0/0fb9dea61c1179f485256a2500517b09?OpenDocument
[13] Christine Chinkin. “A Gendered Perspective to the International Use of Force.” 12 Australian Yearbook of International Law 279. 7 December 2003 .http://www.law-lib.utoronto.ca/Diana/fulltext/chin3.htm
[14] Maha Abu-Dayyeh Shamas. “The Second Palestinian Intifada: Social and Psychological Implications for Palestinian Women Resulting from the Israeli Escalation of Violence[1]” August 2001. Women’s Centre of Legal Aide and Counseling. 7 December 2003. http://www.wclac.org/intifada/intifada.html
[15] Giorgio Giacomelli , Relator Especial de las NNUU. “Informe sobre la situación de los derechos humanos en los territories palestinos ocupados desde 1967.” 15 March 2000. Comisión de Derechos Humanos: E/CN.4/2000/25. 7 December 2003
http://domino.un.org/UNISPAL.NSF/0/5d62d71b58b535968525690d00563ab6?OpenDocument
[16] Giorgio Giacomello, Relator Especial de las NNUU. “Informe de la misión sobre las violaciones por Israel de los derechos humanos en los territorios palestinos ocupados desde 1967.” 17-18 October 2000. Comisión de Derechos Humanos: E/CN.4/S-5/3. 7 December 2003
[17] If the collaborators are discovered and/or have their honor tarnished, they are in danger of being the victims of honor killings.
[18] Ibid. 2