"UN: Rights Council Fails Victims in Congo"

quoted from latest briefing of the Human Rights Watch. contained in the CRIN April newsletter (CRIN = Children's Rights Information Network) http://www.crin.org/resources/infoDetail.asp?ID=16213&flag=event

UN: Rights Council fails victims in Congo [news]

[GENEVA, 27 March 2008] – The UN Human Rights Council’s failure to renew the mandate of the expert for the Democratic Republic of Congo is a betrayal of its responsibilities toward the Congolese people, Human Rights Watch said on Thursday.“The Human Rights Council put politics before people by deciding not to renew the expert mandate on the Congo,” said Juliette de Rivero, Geneva advocacy director at Human Rights Watch. “Downgrading the Council’s work in Congo despite the recent rapes and killings is inexplicable and could have tragic consequences.” The move to discontinue the mandate for an expert on the Democratic Republic of Congo was led by Egypt as coordinator of the African group. The African group has taken the position that human rights experts should only be appointed by the Human Rights Council when the government of the country at issue agrees the situation warrants such attention. This approach rewards non-cooperation with the Council, Human Rights Watch said, and gives States responsible for serious human rights violations a veto over the Council’s ability to fulfill its mandate. Council members must 'show some backbone's the past months, Congo’s President Joseph Kabila had privately indicated his support to diplomats for the renewal of the expert mandate. That pledge was not translated into action, however, and Congolese officials in Geneva lobbied for the mandate to end. Despite initial support for the mandate, European Union Member States agreed to abandon it for a weak compromise that provides for a discussion on the human rights situation in Congo at the Council only in March 2009.
“It’s shocking that States which supported continued work on Congo wouldn’t stand up and be counted,” de Rivero said. “Congo’s people can’t wait another year for the Council and its members to show some backbone.” The Council’s decision flies in the face of the serious human rights violations that continue in the Democratic Republic of Congo.
"Despite historic elections in 2006, Congo’s human rights situation remains deeply troubling. In the past year alone, hundreds of civilians have been killed and thousands of women and girls raped by militia groups and soldiers of the Congolese army. An estimated 30,000 children continue to serve as child soldiers in various armed groups. Abuses continue in eastern Congo, the signing of a ceasefire agreement in Goma on 23 January 2008 raised hopes that the armed conflict would be contained, but tensions have again mounted as details emerged of renewed killing of civilians in the region. These add to the estimated five million civilian deaths throughout the country since 1998, a toll that makes Congo’s conflict more deadly to civilians than any other since World War II. In western Congo, security forces used excessive force to put down at times violent protests by the political-religious group Bundu Dia Kongo, resulting in the deaths of at least 68 people, according to United Nations estimates. Thousands of people have been displaced. Given the gravity of the human rights abuses in Congo, the continuation of the expert mandate should have been a foregone conclusion. In response to the egregious abuses in the eastern parts of Congo, Human Rights Watch has called for an additional special adviser to be appointed to monitor the human rights obligations of the Goma ceasefire agreement and assist the parties in bringing an end to such abuses. “The Human Rights Council should be expanding its work on Congo, not abandoning it,” de Rivero said. “Congo urgently needs independent human rights expertise, which could help to save lives.” Further information
Special Procedures: Human Rights Council approves candidates (26 March 2008)
Global study on the implementation of the UN-led Monitoring and Reporting Mechanism (Watchlist on Children and Armed Conflict, February 2008)
DR Congo: Report of the Secretary-General on Children and Armed Conflict 2007 (June 2007)
CRIN's country page on DR Congo
For more information, contact: Human Rights Watch350 Fifth Avenue, 34th floor, New York, NY 10118-3299Tel: + 1 212 216 1837; Fax: + 1 212 736-1300Email: hrwnyc@hrw.org Website: www.hrw.org
Visit: http://www.crin.org/resources/infoDetail.asp?ID=16790

Zimbabwe

As the world watches the elections in Zimbabwe, none watch as closely and with such attention as the Zimbabwean community in the UK. As Zimbabweans await the results, which seem to be taking an interminable amount of time, they also need to know what impact the results will hold for their families and friends still in the country, and fo themselves who continue to distrust a safe return.



It has been such a very difficult time for Zimbabweans. Many have been held in detention as they await the outcome of Court decisions about how safe is Zimbabwe for those who have fled to the UK. Many women held in detention centres have been on hunger strikes towards the end of last year, to draw attention to the desparate situation that they have been in - guilty of no crime, but held in detention centres.



People in Zimbabwe have suffered as the cost of basic goods soar to unaffordable prices. Homes have been demolished as Mugabe made life impossibable for his opponants.



Bloggers for democracy are writing about their feelings as they suffer undue waiting time for the announcement of the winner of the elections.

http://www.sokwanele.com/thisiszimbabwe/archives/date/2008/04



Others have suffered in the country for daring to ask questions about womens rights to sanitary wear read the Dignity Period Campaign here. http://www.sokwanele.com/thisiszimbabwe/archives/407



On Thursday, 3 April 2008 04:39 UK the Foreign Secretary, David Milliband spoke at the Lord Mayor's Easter banquet, at Mansion House in London and said that the "UK will stand with the Zimbabweans".



William Haigh , shadow Foreign Secretary stated: Shadow foreign secretary William Hague said "yars of brutality and repression" in Zimbabwe had turned it into a "political pressure-cooker".
It would take more than Mr Mugabe's departure for the country to recover from years of corruption and economic decline" (BBC News 24 3rd April 2008)



Yet, as we have seen in the case of Burundian citizens seeking asylum in the UK, whoever wins the election in Zimbabwe may cause an immediate impact upon the asylum claims of Zimbabweans witing for news in the UK. Women and men who have been subjected to dreadful acts of cruelty in their country of origin, whose cases for asylum are accepted by the Immigration Courts or the Home Office,without question about authenticity or honesty (so rare) may find themselves sent back to a country that still poses significant threat to their own personal safety.



Dspite William Hagues comments, despite what many might see as plain common sense, a signed peace agreement, a change in Government that is approved of by the West, and people will be returned to their country if they do not have a permanent or temporary right to remain in the UK. Yet attitudes do not change at the same pace as a change in Government. Old regimes still continue to have support. As Mugabe and his supporters hold onto power post election, the pressure on those who have been made destitute as a result of asylum policies in this country, continues to mount.


N.B. this entry was composed on 3 rd April but published on 14 th April - hence it also contains references to the post election wait.

Who's looking after the children?

There are two important reports published last month about children seeking asylum.
http://www.iht.com/articles/2008/03/24/europe/migrants.php

This is a report from the International Herald Tribune and published on the Children's' Rights Information Network http://www.crin.org/. The report is specifically about the treatment of asylum seeking children without their parents (unaccompanied minors) who are waiting in Greece for a chance to come to Europe. The children are primarily from Iraq, Iran and Afghanistan. The report states that there are children as young as 8 years who are homeless and without support, and the United Nations High Commissioner for Refugees is quoted as saying that the situation for refugees in Greece is " a humanitarian crisis".

The Greek Office of the UN is asking for urgent help to provide immediately for the needs of 400 children, whose plight came to light when Greek police destroyed an impromptu camp for 3000 refugees. Greece has a very poor record for complying with responsibilities under the Dublin Convention. A year ago, 19th April 2007, an EC Directive,
«Manquement d’État – Directive 2003/9/CE – Politique d’asile – Demandeurs d’asile – Accueil – Normes minimales – Non-transposition dans le délai prescrit»

Dans l’affaire C‑72/06,
was issued which sanctioned Greece with a chunky fine for non provision of services to seekers of asylum and for the country's poor record in the processing of asylum claims.

The Council of Europe's High Commissioner has asked Greece to set up a camp for the children, but Greece has refused saying: " that a camp would become a magnet for ever more migrants".
So even when the Council of Europe sanctions Greece for failures in provision and complying with its statutory obligations, Greece refuses to comply with the legislation which it is a party to (The Dublin Convention ) and refuses to provide for the children, let alone the adults.

The report also states that 900 children who had moved on or escaped from Greece were returned to Greece under the Dublin Convention. The UN is concerned that the children are prey to traffickers. Seekers of asylum who have arrived in the UK recount appalling stories of experiences in Greece. One man told me that he will always be grateful to Greek citizens who left a bag of sandwiches beside him as he slept in a Greek cemetery, however, his experience of the police and the Government was one of disrespect and disregard for his human rights.

If the children make it to the UK

Here in the UK the Children's' Commissioner has published two reports this month, critical of the provision for unaccompanied asylum seeking children when they arrive in the UK.

1. Claiming Asylum At a Screening Unit As An Unaccompanied Child, March 2008 http://www.11million.org.uk/. The Press Release from the Children's' Legal Centre states: the Children's' Commissioner has revealed a number of concerns relating to young asylum seekers who are being denied the level of care and access to health and educational provision as required by The Children Act 1989 and its associated regulations" Evidence seen by the Children's Commissioner revealed:

• some practices which led to some children being removed from the looked after system at the age of 16 years
• lack of assessment of individual needs
• a policy of de accommodation at 16
• children seeking asylum had no knowledge of their rights as children in the UK, nor who they could turn to for support and advice
• children felt isolated
• were not necessarily assigned a social worker
• did not understand the role of the Independent Reviewing Officer
• Had problems accessing health care
• lack of an independent visitor to support them

https://www.childrenscommissioner.org/documents/written%20evidence_de-accommodation%20final_CH_080107_0%201.pdf

//www.childrenslegalcentre.com/Refugee+and+Asylum+Seeking+Children/latestnews/11+Million+Report+March+2008+2.htm

https://www.childrenscommissioner.org/adult/news/news.cfm?id=1964&newsid=141

The Children's' Society published a report in February 2008 : Living On The Edge of Despair

http://www.childrenssociety.org.uk/whats_happening/media_office/latest_news/Study_reveals_reality_of_claiming_asylum_in_the_UK_6116_news.html

Here's what the Chair of the Children's' Society has to say about their observations:

"Rt Rev’d Bishop Tim Stevens, Chairman of The Children’s Society said: "This report is a shocking indictment on the way we treat some of the country's most vulnerable children. The Church has witnessed first hand the terrible levels of destitution facing many asylum seeking families who come to Britain to escape persecution and torture. Refugee and asylum-seeking are children first and foremost and should be treated as such. "

Here in Nottingham, we have seen many of the issues highlighted in this report. Issues like these led to a meeting with many organisations ( see first post) concerned with the welfare of children seeking asylum in the UK.

Children as young as 8 or 9 sent to find safety, waiting in Greece where they are not provided for, where the Government of Greece flouts its obligations, prey to traffickers, holding onto the hope that when they arrive at their destination they will be treated with respect and dignity. Reports now published in the UK are confirming Sankofas experience, that many many children will not find that here. They will be re-traumatised in the process. Where are the voices of the local organisations, shouting out that children in the UK will not be treated in this manner "due to shortage of funds", where are the voices of Nottingham??