FM Alert, Vol II, Nos. 29, 30
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Subject: FM Alert, Vol II, Nos. 29, 30
From: MINELRES moderator <[email protected]>
Original sender: Paulette Layton <[email protected]>
FM Alert, Vol II, Nos. 29, 30
FM Alert, Vol II, No. 29
July 24, 1998
INTERNATIONAL COURT DECIDES TO PROTECT AID WORKERS
The UN Conference for the International Criminal Court (ICC), in a
sudden shift, decided to seek an extension of its jurisdiction to
cover attacks against humanitarian aid workers. The addition,
announced July 10, to the ICC's draft charter would allow attacks
against humanitarian aid workers to be prosecuted as a war crime.
Several influential international organizations, including the UN High
Commissioner for Refugees (UNHCR) and the UN Children's Fund, had
argued strongly for the extension of protections to cover aid workers
operating in danger zones. Part 2, Article 5, Section B of draft
charter reads; "Intentionally directing attacks against personnel,
installations, material, units or vehicles involved in humanitarian
assistance or peacekeeping mission in accordance with the Charter of
the United Nations, as long as they are entitled to the protection
given to civilians or civilian objects under the law of armed
conflict..." shall be considered a war crime under Court jurisdiction.
The ICC conference, which was convened to approve the draft charter,
ended July 17. The UNHCR Liaison Office in New York hailed the aid
worker provision, but added that the dilemma of how to better protect
humanitarian workers is far from settled.
(For background see FM Alert of July 2).
FMP PUBLISHED PAPER ON PROTECTING NATIONAL MINORITIES
The Forced Migration Projects (FMP) has publishing a paper on
protecting the rights of national minorities in Central and Eastern
Europe. "International human rights law provides substantive norms of
protection for national minorities. In practice, however, violations
are all too frequent, and difficult to remedy," the paper says. The
question of ensuring national minority rights came to the fore
following the collapse of the Soviet Empire in 1989. One example is
Russia's relations with Estonia and Latvia, which have suffered due to
disputes arising out of the Baltic republics' treatment of
Russian-speaking non-citizens. Russia claims that Russian speakers in
the Baltics, and elsewhere, are subjected to undue hardships by other
CIS governments. The FMP paper examines the concept of minorities'
protection under universal, as well as regional standards. It also
discusses elements of national protection. The paper focuses on
national minority issues in three countries - Hungary, Russia and
Ukraine. It can be found on the FMP website
<www.soros.org/migrate.html>.
(For additional information consult the FMP special reports Estonia
and Latvia: Citizenship, Language and Conflict Prevention and Crimean
Tatars: Repatriation and Conflict Prevention, also FM Alerts of July
17, May 8 and April 24).
FMP CALLS FOR EXPANSION OF UN OBSERVER ROLE IN GEORGIA
The Forced Migration Projects (FMP), alarmed by the recent flare-up of
the Georgia-Abkhazia conflict, is urging the United Nations to extend
the mandate, and expand the responsibilities of the UN observer
mission in the embattled Transcaucasus country. "With the grave
deterioration of security conditions for everyone concerned in
Abkhazia, we (the FMP) underscore our 1997 proposal to enlarge the
mission's mandate to include a pilot UN civilian police force in the
Gali region," FMP Director Arthur C. Helton wrote in a July 15 letter
addressed to Russia's UN envoy, Sergei Lavrov. The FMP sent similar
appeals to other concerned governments and international institutions.
The mandate for the United Nations Observer Mission in Georgia was due
to expire July 31. Since the signing of a ceasefire in 1994, criminal
activity and ethnic tension have prevented the repatriation of most of
the 250,000 people, mainly ethnic Georgians, who were displaced by the
separatist struggle. Efforts to reach a political settlement are
deadlocked. Recent fighting caused renewed displacements, affecting
thousands of people. The establishment of a UN civilian police force,
the FMP says, would improve security, and possibly build confidence
needed for a political settlement. "The upcoming review of the UN
mission mandate offers a timely opportunity for the international
community to regain some of the credibility the UN has lost in its
failed efforts to repatriate thousands of Georgians," Helton said.
(For more information see FM Alerts of June 5, April 10 and February
20).
-----------------------
FM Alert, Vol. II, No. 30
July 31, 1998
GERMAN ENVOY REACTS TO FMP APPEAL ON ABKHAZIA
Germany's ambassador to the United Nations, responding to a Forced
Migration Projects (FMP) appeal, joined in an expression of concern
over the rising tensions in the separatist Abkhazia region of
Georgia. But German envoy Gerhard Henze declined to support a call
for the establishment of an armed civilian police force in an effort
to promote stability and facilitate the repatriation of displaced
persons to the conflict-ravaged region "We can safely assume that
such an option would be unacceptable to the Abkhazian side, but
probably also to the Russian Federation. Without the consent of the
parties ... the United Nations would not be in a position to deploy
such a police component," Henze wrote in a July 17 letter addressed to
FMP Director Arthur C. Helton. Henze also warned that armed policemen
would be easily drawn into confrontation with Abkhazian separatists
and Georgian forces. The UN Observer Mission in Georgia is due to
expire on July 31. UN officials have confirmed that the Security
Council is considering an extension of the mandate to January 31,
1999. In early July, Helton sent the appeal to concerned governments
and institutions, seeking both
the extension of the mandate and the establishment of a UN civilian
police force in the area.
(For more information see FM Alerts of July 23, June 5, April 10, and
February 20).
OSI PROJECT FELLOWSHIP DEADLINE APPROACHING
November 16 is the deadline for the latest round of applications for
Open Society Institute Individual Project Fellowships. Grants range
from $15,000 to $100,000. Those proposing migration-related research
projects are encouraged to apply. "We are not only looking for
proposals from academics, but also from people working in different
fields, including nongovernmental organization representatives,
community leaders and journalists," said program director Gail
Goodman. Over 60
Individual Project Fellowships have been recently awarded by the Open
Society Institute. Of those, 12 fellows are working on projects
connected with immigration and migration-related topics. For example,
one Project Fellow, Gil Loescher, is compiling a comprehensive history
on the United Nations High Commissioner for Refugees, focusing on its
role in international refugee problems and global politics. Another
fellowship, awarded to Laura Silber, will result in an examination of
broader questions of conflict prevention, international intervention,
and concerns of regional and global security, using the Balkans as a
case study.
NGO REACTION TO AID WORKER PROTECTIONS IN ICC TREATY
Nongovernmental organizations, including the Forced Migration Projects
(FMP), have expressed cautious optimism about the ability of the newly
created International Criminal Court (ICC) to enhance protections for
aid workers. "It may provide a remedy under certain circumstances, but
there should be a continuing campaign to hold accountable those who
abuse or kill humanitarian aid workers operating in dangerous
environments," said FMP Director Arthur C. Helton. The treaty
establishing the ICC, adopted at a July conference in Rome, sets
guidelines for the prosecution of crimes against humanitarian
workers, such as the recent murders of four United Nations
representatives in Tajikistan. NGO representatives, including Helton,
say that the ICC could serve as a deterrent to violence against aid
workers. However, a representative of Human Rights Watch cautioned
that the ICC, when it becomes fully operational, will only have
limited ability to prosecute aid worker-related crimes because its
mandate does not cover "situations
of internal disturbances and tensions, such as riots, isolated and
sporadic acts of violence or other acts of a similar nature." Thus, it
is unclear whether the Tajikistan murders would fall under the ICC's
jurisdiction. Other organizations that are generally supportive of the
ICC's mandate include the International Committee for the Red Cross
(ICRC). The treaty "should allow the Court to fight efficiently
against those criminals who mock the international community," an ICRC
statement said, adding that the statutes governing the ICC's
jurisdiction need
refinement. (For background information see FM Alerts of July 2 and
July 23).
For more information contact:
The Forced Migration Projects
400 West 59th Street, 4th floor
New York, NY 10019
tel: (212)548-0655
fax: (212) 548-4676
e-mail: [email protected]
website: www.soros.org/migrate.html
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