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HUMAN RIGHTS WATCH
MONTHLY EMAIL UPDATE
December 2001

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IN THIS ISSUE:
> Advocacy After September 11
> International Ban on the Use of Child Soldiers
> Justice Undermined in the Palestinian Authority
> Discrimination in Israel Schools
> Independence Leader Killed in Papua
> Justice in Colombia
> Environmental Activists Released In Mexico
> Military Investigations Shield Army Abuses
> Add a banner to your Web page
> Become a Member or Make a Contribution
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ADVOCACY AFTER SEPTEMBER 11

With a team of researchers in Pakistan monitoring the conduct of the war in Afghanistan, and advocates in Bonn and capitals around the world, Human Rights Watch has sought to ensure that human rights are at the center of the world's response to the crimes of September 11. As the U.S. government introduces measures that erode the fundamental due-process rights of non-citizens, HRW has also joined with U.S. domestic groups to defend the rule of law.

Human Rights Watch sent recommendations to the U.S. State Department, U.N. Security Council members, and participants at the Afghanistan meeting in Bonn outlining key issues for Afghanistan's future. The recommendations include: creating an international commission of experts to gather information on current and past human rights abuses and to make recommendations on justice-building measures; refusing amnesties for those responsible for the most serious abuses and excluding them from a future government; screening out human rights violators from future Afghan military and police forces; ensuring women's rights and women's participation in Afghanistan's future government; and including the issues of refugees and repatriation in political planning.
     Resulting from the meeting in Bonn, the agreement for an interim government for Afghanistan included provisions creating a domestic human rights commission to monitor and investigate human rights violations and develop future human rights institutions. Human Rights Watch was also encouraged that the agreement gave the United Nations the right to investigate human rights violations and "recommend corrective action," and mandated that the U.N. take a leading role in developing human rights education programs in Afghanistan.
     Find out more at http://www.hrw.org/press/2001/11/afrecs1114.htm and http://www.hrw.org/press/2001/11/bonnrec1127.htm

Human Rights Watch published detailed criticism of proposed "anti-terror" legislation in the United States, India, the United Kingdom, and European Union, as well as the proposed anti-terror treaty at the United Nations. HRW also wrote to U.S. President Bush urging him to rescind his Executive Order permitting the trial of non-citizens by special military commissions, and reiterated its call for the government to respect the fundamental rights of the hundreds of people who remain in custody in connection with investigations into the September 11 attacks. The government has to date refused Human Rights Watch access to detention centers to monitor the conditions of confinement of persons detained in connection with the September 11 investigations. Find out more at http://www.hrw.org/campaigns/september11/

Nearly 5,000 unexploded and highly volatile cluster bomblets may be littered across areas targeted by U.S. warplanes. These unexploded bomblets have in effect become antipersonnel landmines and are an extreme hazard to civilians, not just now but for years to come. Human Rights Watch called on air forces to discontinue the use of cluster munitions and to remove the unexploded ordnance once the fighting stops. Find out more at http://www.hrw.org/press/2001/11/CBAfgh1116.htm

Human Rights Watch also urged the United States and Britain to provide logistical support for the humane treatment of captured fighters and to take immediate measures to ensure that Afghan Taliban commanders alleged to have committed international crimes be held by an outside independent authority until they can be prosecuted before an impartial tribunal. Find out more at http://www.hrw.org/campaigns/afghanistan/

The Human Rights Watch International Film Festival presented "Jung(War): In the Land of the Mujaheddin" to sell-out crowds in Maine, Utah, Illinois, and New York. Shot in 1999 and 2000, the film shows the conditions of daily life faced by the people of Afghanistan as it follows the story of a surgeon and a war correspondent who join forces and set up a hospital in a country fraught with war for the last twenty years. For more information on Jung and how you can host a screening in your city, visit http://www.hrw.org/iff/traveling/jung/index.html

To receive by email HRW's breaking news and backgrounders on the September 11 crisis and its aftermath send a blank email message to afghanistan-subscribe@topica.com

To contribute to our emergency work and help us meet the extraordinary expenses we are now forced to incur, visit http://www.hrw.org/donations//default.asp?dtype=sept11


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INTERNATIONAL BAN ON THE USE OF CHILD SOLDIERS

On February 12, 2002, a new treaty banning the use of child combatants will enter into force, having achieved the ten ratifications necessary on November 12. Human Rights Watch has played a leading role in the campaign for a global ban on the use of child soldiers since 1998. Our research helped to bring this urgent issue to international attention. We worked to influence the negotiation of the treaty, and have lobbied for broad ratification. The treaty prohibits the forced recruitment, conscription, or use in armed conflict of children under the age of 18.
     Advocacy by HRW helped gain a provision in a November 20 United Nations Security Council resolution requiring the Secretary-General to submit to the Council a list of governments and armed groups that are recruiting and using child soldiers. Public exposure before the Security Council will shame abusers and strengthen efforts to end the use of children as soldiers.

WHAT YOU CAN DO
You can help stop the use of child soldiers by encouraging governments around the world to sign and ratify the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. For sample letters and a list of priority countries to focus on, visit http://www.hrw.org/campaigns/crp/action/index.htm

For more on HRW's work on children's rights visit http://www.hrw.org/children


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JUSTICE UNDERMINED IN THE PALESTINIAN AUTHORITY

Individuals detained by the Palestinian Authority are frequently subjected to torture and denied fair trials. Human Rights Watch's new report "Justice Undermined: Balancing Security and Human Rights in the Palestinian Justice System" documents cases of arbitrary arrest, indefinite detention without charge or trial, and interrogation without access to a lawyer. Five people have died in custody over the 14 months covered by the report. The Palestinian Authority executive branch - including President Yasser Arafat, his ministers, police, and various security forces - has seriously undermined the independence of the judiciary and the rule of law, and failed to bring to justice militants who have attacked Israeli civilians. Israeli responses to the current "intifada," including severe restrictions on freedom of movement and the destruction of Palestinian law-enforcement infrastructure, have aggravated the deterioration of the Palestinian justice system. The report includes detailed recommendations for measures that the Palestinian Authority, the government of Israel, and donor governments should take to improve the situation. The report's release was covered by the BBC, Ha'aretz, The Financial Times, The Jerusalem Post (front page), and other leading Arabic and Hebrew news outlets.

Read the report online at http://www.hrw.org/reports/2001/pa/
In Hebrew at http://www.hrw.org/reports/2001/pa/sumrecs.hb.pdf
In Arabic at http://www.hrw.org/arabic/mena/list/text/pal-r1.htm


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DISCRIMINATION IN ISRAEL SCHOOLS

Palestinian Arab citizens of Israel make up nearly one-quarter of Israel's schoolchildren. Yet, in virtually every respect, Palestinian Arab children get an education inferior to that of Jewish children. Educated in schools run by the Israeli government but separated from Jewish children, Palestinian Arab citizen's schools are more crowded with fewer teachers per child, and in worse physical condition. Some schools lack libraries, counselors, and recreation facilities. Palestinian Arab school children get fewer enrichment and remedial programs, and special education services, than Jewish children receive. Many communities have no kindergartens for three- and four-year-olds. HRW's new report "Second Class: Discrimination Against Palestinian Arab Children in Israel's Schools" is based on investigations at twenty-six Arab and Jewish schools and on nationwide statistics compiled by the Israeli government. HRW launched the report in Israel and met with local NGO's and government officials including the Director General of the Education Ministry, the Chair of the Knesset Child Committee and a member of the Knesset Education Committee. The report was covered in Ha'aretz, The Jerusalem Post, and on Hebrew and Arabic radio.

Read the report online at http://www.hrw.org/reports/2001/israel2/
Download the summary and recommendations in Hebrew at http://www.hrw.org/reports/2001/israel2/sumrec.hb.pdf In Arabic at http://www.hrw.org/arabic/hr-global/list/tsxt/chr12-1.htm

WHAT YOU CAN DO
Write to the Israeli Minister of Education and members of the Knesset urging them to amend education laws to prohibit discrimination in education, to allocate resources equally between Jewish and Arab schoolchildren, and to close the gaps between Jewish and Arab education. For sample letters and contact information, visit http://www.hrw.org/campaigns/israel/schools/index.htm


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INDEPENDENCE LEADER KILLED IN PAPUA

On Saturday night, November 10, Theys Eluay was abducted and murdered outside Jayapura, the capital of Papua, while on his way home from a Heroes Day ceremony at the local headquarters of the Indonesian army. Theys was the chair of the Papua Presidium Council, a forum for the peaceful achievement of independence. HRW staff in Washington DC helped draft and circulate a letter signed by several U.S. Congresspeople expressing deep concern over the Theys' death. Signatories included Tom Lantos, ranking Democrat on House International Relations Committee, and John Conyers, Chair of House Judiciary Committee. The letter called on President Megawati and the Indonesian government to set up an independent team of investigators to look into the circumstances leading to Theys' murder, expressing fear that the death could be a serious threat to a peaceful solution of the conflict in the easternmost province of Indonesia. The letter was covered in Tempo, an influential news magazine in Indonesia.

Find our more at http://www.hrw.org/press/2001/11/indonesia1111.htm


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JUSTICE IN COLOMBIA

In July 1997, paramilitaries working with the Colombian Army killed more than thirty residents of Mapiripán, Meta. Army general Jaime Uscátegui was implicated in the massacre and sentenced by a military tribunal to serve only forty months in prison. In a February 2001 press release, Human Rights Watch criticized the general's sentence as far too lenient and reiterated the call for human rights violations committed by security force officers to be investigated and tried in civilian courts, not military tribunals. Previously, Human Rights Watch had documented extensive evidence demonstrating how soldiers under Uscátegui's command had helped paramilitaries plan, carry out, and cover up the massacre. On November 14, Colombia's Constitutional Court struck down the military tribunal's sentence and ordered a civilian retrial for General Uscátegui. HRW has long criticized the military courts as one of the cornerstones of impunity in Colombia and has made accountability a central part of its advocacy in Washington, Geneva, Brussels and Bogotá.

Read the press release at http://www.hrw.org/press/2001/02/colombia0213.htm
Find out more about human rights in Colombia at http://www.hrw.org/americas/colombia.php


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ENVIRONMENTAL ACTIVISTS RELEASED IN MEXICO

Together with other groups, Human Rights Watch successfully pressed for the release of Mexican environmental activists Rodolfo Montiel Flores and Teodoro Cabrera García. Montiel and Cabrera were jailed for drug and weapons crimes in 1999 after protesting the ecological damage being inflicted in their home state of Guerrero. In July 2000, Mexico's National Human Rights Commission concluded that Montiel and Cabrera had been illegally detained and apparently tortured by soldiers, who fabricated evidence that was used to convict them. In July 2001, however, a federal court upheld their conviction. President Fox released them on November 8. HRW had written two letters to the Fox administration this year about their case.


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MILITARY INVESTIGATIONS SHIELD ARMY ABUSES

The Mexican justice system currently leaves the task of investigating and prosecuting army abuses to military authorities. Because of this arrangement, serious human rights violations go unpunished. On December 5, HRW released the report "Military Injustice: Mexico's Failure to Punish Army Abuses" at a press conference in Mexico City. The report gives a detailed examination of five cases in which civilians from Guerrero reported atrocities committed by soldiers. Despite credible evidence supporting their claims, military authorities brought charges in only one of the cases - and only after local residents surrounded a military camp and refused to leave until the government promised a thorough investigation. The report calls on Mexico to end military jurisdiction over all cases involving human rights violations. The report was covered in Mexico in La Reforma and with long articles in El Universal and La Jornada. Internationally it was covered by the New York Times, Wall Street Journal, Agence France-Presse, AP, and Reuters Latin American News Service.
     On December 4 and 5, report author Daniel Wilkinson, Executive Director of Human Rights Watch, Ken Roth, and Jose Miguel Vivanco, Executive Director of HRW's Americas Division, met with President Vicente Fox to discuss the findings of the report and other pressing human rights issues, including Mexico's ratification of the International Criminal Court Statute and the creation of a new special prosecutor empowered for the first time to prosecute any abuses in civilian courts. HRW also met with members of Fox's cabinet, including the foreign minister, home minister, attorney general, national security advisor and the subsecretary for human rights and democracy, as well as local human rights advocates in Mexico City.

Read the report online http://www.hrw.org/reports/2001/mexico/
En Español http://www.hrw.org/spanish/informes/2001/injusticia_militar.html
Find out more about human rights in Mexico at http://www.hrw.org/americas/mexico.php


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