[headlines] Data analysis suggests over 60,000 people killed in Syria conflict

GENEVA (2 January 2013) – An exhaustive analysis carried out by data specialists on behalf of the UN Human Rights Office has led to the compilation of a list of 59,648 individuals reported killed in Syria between 15 March 2011 and 30 November 2012, UN High Commissioner for Human Rights Navi Pillay said on Wednesday.

“Given there has been no let-up in the conflict since the end of November, we can assume that more than 60,000 people have been killed by the beginning of 2013,” Pillay said. “The number of casualties is much higher than we expected, and is truly shocking.”

The preliminary analysis, which took five months to complete, was conducted using a combined list of 147,349 reported killings, fully identified by the first and last name of the victim, as well as the date and location of the death. Any reported killing that did not include at least these four elements was excluded from the list, which was compiled using datasets from seven different sources, including the Government.*

Each reported death was compared to all the other reported deaths in order to identify duplicates. The analysis used manual classifications and a data mining technique called an ‘alternating decision tree’ to identify the duplicate records. After duplicates were removed, the combined dataset was reduced to 59,648 unique records of conflict-related deaths as of 30 November 2012.

“Although this is the most detailed and wide-ranging analysis of casualty figures so far, this is by no means a definitive figure,” the High Commissioner said. “We have not been able to verify the circumstances of each and every death, partly because of the nature of the conflict and partly because we have not been allowed inside Syria since the unrest began in March 2011. Once there is peace in Syria, further investigations will be necessary to discover precisely how many people have died, and in what circumstances, and who was responsible for all the crimes that have been committed. This analysis provides a very useful basis upon which future investigations can be built to enhance accountability and provide justice and reparations to victims’ families.”

“This massive loss of life could have been avoided if the Syrian government had chosen to take a different path than one of ruthless suppression of what were initially peaceful and legitimate protests by unarmed civilians,” Pillay said. “As the situation has continued to degenerate, increasing numbers have also been killed by anti-government armed groups, and there has been a proliferation of serious crimes including war crimes, and -- most probably -- crimes against humanity, by both sides. Cities, towns and villages have been, and are continuing to be, devastated by aerial attacks, shelling, tank fire, bomb attacks and street-to-street fighting. In addition, the increasingly sectarian nature of the conflict, highlighted in the recent update by the independent international Commission of Inquiry on Syria, means a swift end to the conflict will be all the more difficult to accomplish.”

The analysts noted that 60,000 is likely to be an underestimate of the actual number of deaths, given that reports containing insufficient information were excluded from the list, and that a significant number of killings may not have been documented at all by any of the seven sources. The recording and collection of accurate and reliable data has grown increasingly challenging due to the conflict raging in many parts of the country.

The analysis -- which the High Commissioner stressed is “a work in progress, not a final product” -- shows a steady increase in the average number of documented deaths per month since the beginning of the conflict, from around 1,000 per month in the summer of 2011 to an average of more than 5,000 per month since July 2012. The greatest number of reported killings have occurred in Homs (12,560), rural Damascus (10,862) and Idlib (7,686), followed by Aleppo (6,188), Daraa (6,034) and Hama (5,080).

Over 76% of the victims documented so far are male, while 7.5% are female, according to the analysis. The gender of the victim is not clear in 16.4 percent of cases. The analysis was not able to differentiate clearly between combatants and non-combatants.

“While many details remain unclear, there can be no justification for the massive scale of the killing highlighted by this analysis,” the High Commissioner said. “Unless there is a quick resolution to the conflict, I fear thousands more will die or suffer terrible injuries as a result of those who harbour the obstinate belief that something can be achieved by more bloodshed, more torture and more mindless destruction. Those people carrying out these serious crimes should understand that they will one day be brought to justice. The case against them will only be strengthened by adding more crimes to those already committed.”

“The failure of the international community, in particular the Security Council, to take concrete actions to stop the blood-letting, shames us all,” Pillay said. “For almost two years now, my staff and the staff of the independent Commission of Inquiry have been interviewing Syrians inside and outside the country, listening to their stories and gathering evidence. We have been repeatedly asked: ‘Where is the international community? Why aren’t you acting to stop this slaughter?’ We have no satisfactory answer to those questions. Collectively, we have fiddled at the edges while Syria burns.”

The High Commissioner also called for serious preparations to restore law and order when the conflict comes to a halt. “We must not compound the existing disaster by failing to prepare for the inevitable – and very dangerous – instability that will occur when the conflict ends,” she said. “Serious planning needs to get under way immediately, not just to provide humanitarian aid to all those who need it, but to protect all Syrian citizens from extra-judicial reprisals and acts of revenge and discrimination. Investment in a massive stabilization effort will cost far less than decades of instability and lawlessness such as those that have afflicted Afghanistan, Iraq, Somalia, the Democratic Republic of the Congo and several other states where the transition from dictatorship and conflict to democracy was given insufficient support.”
United Nations Press release

Sri Lanka: Attacks on the independence of the judiciary

Geneva (31 December 2012) – The UN Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, expressed today serious concern about the impeachment proceedings against the Chief Justice of the Supreme Court and the recent attacks against lawyers who have been fighting for the independence of the judiciary in Sri Lanka.

According to information received by the independent expert, attacks and threats against members of the judiciary and lawyers, as well as interference in their work, have dramatically increased over the past few months.

“The recent steps taken by the executive and legislative towards impeaching the Chief Justice appear to be the culminating point of a series of attacks against the judiciary for asserting its independence,” Ms. Knaul said.

On 8 December, a Parliamentary Select Committee established to investigate and report to the Parliament on the allegations levelled against the Chief Justice, found her guilty of three out of the five charges which it investigated. “It is of high concern to me that the procedure for the removal of the Chief Justice of the Supreme Court is extremely politicized and characterized by lack of transparency, lack of clarity in the proceedings, as well as lack of respect for the fundamental guarantees of due process and fair trial,” said Ms. Knaul.

“I would like to reiterate that article 107 of the Sri Lankan Constitution, read together with Standing Orders of Parliament, is contrary to international human rights law, as already noted by the Human Rights Committee in 2003,” she stressed. “Modifying the Constitution is essential to prevent political persecution of independent judges,” she added.

“To be compatible with both the principle of separation of powers and international human rights law norms, disciplinary proceedings against judges should be conducted by independent commissions and guarantee full respect for due process and fair trial,” the UN expert stressed.

“I urge again the authorities of Sri Lanka to reconsider the impeachment of the Chief Justice due to the lack of due process and fair trial guarantees and to ensure that the judiciary can operate free from external pressures, threats or any interference,” added the UN Special Rapporteur.
United Nations Press release

[headlines] Egypt: Pillay alarmed by violence and by 'major problems' with draft Constitution

GENEVA (7 December 2012) -- The UN High Commissioner for Human Rights, Navi Pillay, expressed alarm Friday at the rising tension and recent deaths and injuries during protests related to Egypt’s draft Constitution, while also drawing attention to a number of major problems with the text which is due to be put to referendum on 15 December.

Pillay welcomed President Morsi’s call for dialogue on Thursday but regretted there was no significant progress on the core issues relating to the Constitution.

The High Commissioner raised serious concerns about the process leading up to the referendum, and said her Office had been carefully analysing the contents of the draft Constitution, as well as monitoring the Constitution-drafting process.

“The lack of inclusive participation of various actors in Egypt in the constitution-drafting process is a matter of major concern, and one of the main reasons for the disastrous situation that has been developing in Egypt over the past couple of weeks,” Pillay said. “This is the last thing Egypt needs during such a difficult period of transition, but I believe people are right to be very concerned -- not just about the way the process has been short-circuited, but also about some of the elements included in, or missing from, the draft text.”

The High Commissioner noted that the draft Constitution contained some important positive elements, including for example the limitation of the presidency to two four-year terms and the inclusion of the right to establish associations and civil institutions.

“The draft constitution provides guarantees to some human rights,” Pillay said. “However, there are also some very worrying omissions and ambiguities, and in some areas the protections in it are even weaker than the 1971 Constitution it is supposed to replace. I am highly concerned, for example, by the absence in the current draft of any reference to the international human rights treaties which Egypt has ratified, and is bound to uphold. The 1971 Constitution, by contrast, stipulated the legal standing of these treaties.” *

“I also regret that the draft constitution, in many of its provisions, refers to legislation currently in force in the country which may already be at odds with international human rights norms. I believe that the applicability of international law over national law should be clearly stated in the national Constitution, in order to prevent subsequent or existing national laws undermining or conflicting with international law,” Pillay said.

While noting that the draft constitution guarantees equality before the law in rights and duties with no discrimination, the High Commissioner noted that "it does not explicitly prohibit discrimination on the grounds of gender, sex, religion and origin," while maintaining the language in the 1971 Constitution concerning Sharia Law as the primary source of legislation and jurisprudence.

“The draft constitution guarantees the freedom of faith, but only mentions the three monotheistic religions, raising concern for all other religious groups including resident minorities such as the Baha'i community,” Pillay said. “This makes it less inclusive than the 1971 Constitution, and opens the door to breaches of Egypt’s obligation under international law to honour everyone’s right to freedom of thought, conscience and religion.”

While the freedom of press is guaranteed to an extent, limitations include respect of private life and national security. Censorship of the press is forbidden, except in times of war and when armed forces are mobilized. However, the role of the National Council of the Media in regulating the profession could be very problematic, the High Commissioner said.

“I am also preoccupied by Article 198, which prohibits the trial of civilians before military courts, but provides for an exception in relation to crimes committed against armed forces as defined by law. This Article appears to be in contradiction with international standards due to the wide interpretation of crimes under which civilians could be tried by military courts in existing legislation,” Pillay said.

“Article 232 of the draft text purports to constitutionalise a law that was declared unconstitutional by the Supreme Constitutional Court, which is extremely unfortunate,” she added. “This article, which calls for leaders of the defunct National Democratic Party to be banned for 10 years, leads to the exclusion of far too broad a range of people from their political rights. A process of transitional justice, including the vetting of past senior officials, is needed to ensure they have not been involved in human rights violations. However, a ban without any such a process could lead to Egypt being deprived of the services of some very experienced politicians and administrators who are not suspected of any serious crime or misdemeanour that would warrant their exclusion from participating in public life,” she added.

Pillay also expressed concern about the absence of any explicit guarantee of the independence and mandate of the National Human Rights Institution in Egypt in line with the international set of standards known as the Paris Principles.

“For human rights to have meaning in any society, they must be guaranteed by law and enforced by independent courts,” the High Commissioner said, pointing to concerns regarding article 176 of the draft constitution. “This provision also marks a serious step backwards from the 1971 constitution, which stated that judges of the Supreme Constitutional Court cannot be removed from their positions,” she said. “The draft constitution provides for the direct appointment of judges to the Supreme Constitutional Court by the President, which risks giving the Executive excessive power over the judiciary. This concentration of power in the hands of the President -- like the provisions of the President’s Constitutional Declaration -- undermines the independence of the judiciary.”

“The haste with which the Constituent Assembly adopted the final text for Presidential action, and many of the surrounding circumstances, have put into question the credibility of the process, and contributed to the chaos in Cairo and other cities,” Pillay said. “Urgent steps are needed to restore confidence in the process, and in the country’s all-important new Constitution, on which so much depends.”
United Nations Press release

[headlines] Congo DRC: Mass arbitrary execution of civilians, including dozens of children

KINSHASA/GENEVA (14 November 2012) – A UN investigation into the human rights situation in southern Masisi in the North Kivu province of the Democratic Republic of the Congo has revealed that at least 264 civilians, including 83 children, were arbitrarily executed by armed groups in more than 75 attacks on villages between April and September this year.

The report published on Wednesday details the result of six investigative missions and more than 160 interviews with victims and witnesses by the UN Joint Human Rights Office in the DRC (UNJHRO). Investigators found that the victims were often those least able to flee the attacks, largely children and the elderly. Due to security constraints, the investigators were not in a position to confirm many more human rights violations that were reported to them, meaning the actual number of victims could be considerably higher. The figures noted in the report reflect cases documented in only some parts of Masisi over a relatively limited period of time and are thus far from presenting a comprehensive overview of the human rights situation throughout Eastern DRC.

Investigators found that the Raia Mutomboki armed group, with allied Mayi Mayi groups, was responsible for most of the killings, which were often perpetrated with extreme violence. Many victims were hacked to death with machetes while others were burnt alive in their homes. The opposing Nyatura group was found to be responsible for other human rights violations, including killings, sometimes carried out in collaboration with the Democratic Forces for the Liberation of Rwanda (FDLR). The civilians killed by the Raia Mutomboki group were mostly ethnic Hutu, while those killed by the Nyatura were mainly of Tembo ethnicity.

Other human rights violations outlined in the report include mass forced displacement and large-scale looting and destruction of private property. Investigators also confirmed four cases of sexual violence involving the rape of 12 women.

“The systematic human rights violations committed by these armed groups, including the slaughter of so many children, are the most serious we have seen in recent times in the DRC,” UN High Commissioner for Human Rights, Navi Pillay, said. “The Congolese authorities must take immediate measures to protect civilian populations and to combat the persistent impunity which only serves to embolden the killers.”

“The UN is ready to offer support to the recently opened Congolese judicial investigation which must lead to the prosecution of those responsible for these acts and ensure justice for the victims,” she added.

The ethnic dimension of the attacks is of particular concern in eastern DRC where tensions over the past 15 years, while fundamentally rooted in competition over land and natural resources have resulted in cycles of violence committed along ethnic lines. Both Raia Mutomboki and Nyatura have launched targeted and systematic attacks against civilians, often based on the real or presumed ethnicity of the victims, for supposed political or economic gain.

In April 2012, army desertions and the subsequent creation of the M23 armed group led the Congolese army to focus on efforts to contain this new rebellion. Important progress in tracking down the FDLR made early in 2012 by the Congolese army has been reversed since their redeployment to M23-threatened areas. Many armed groups have taken advantage of the security vacuum left by the redeployment of army units to expand their own areas of influence, often carrying out violent attacks against civilians and exacerbating interethnic tension, already heightened by the M23.

In response, the Congolese army has deployed - with MONUSCO support - several units to the affected areas over the period July - September 2012 and the North Kivu provincial government has promoted initiatives to favor dialogue and ethnic reconciliation. MONUSCO also sent several protection teams to Southern Masisi in order to evaluate the needs of the population and recommend action which has included the deployment of temporary military bases in Remeka, Katoyi and Ngungu, and 15 helicopter-supported foot patrols in the most volatile areas.

“The UN Stabilization Mission in Congo has observed a significant increase in human rights violations across the provinces of North Kivu and South Kivu in 2012 due in large part to the activities of armed groups, including the FDLR who remain amongst the perpetrators of the most serious human rights violations in the region, in addition to the M23, Nyatura and Raia Mutomboki,” said Special Representative of the Secretary-General (SRSG), Roger Meece. “The risk of intensification of this ethnically charged conflict is real, and gives rise to serious concerns for peace and for the security of civilians in the region.”

Recommendations made in the report include a call for Congolese security forces to urgently take additional measures, with the support of the international community, to restore security in southern Masisi and to ensure the protection of civilians. Congolese authorities are also urged to take into account the human rights violations detailed in this report and to implement a systematic verification of the human rights records of individuals and their commanders during any future integration of armed groups into the national army.
United Nations Press release