Un símbolo para el futuro venezolano

Cada lugar tiene símbolos e iconos que lo identifican. En algunos casos son grandes obras arquitectónicas, como el caso de la torre Eiffel, o maravillas naturales, como las cataratas del Niágara, pero independientemente de cuál sea el símbolo, todos sirven para identificar ese lugar. Todos utilizamos esas imágenes para describir no sólo las bondades del sitio al que nos referimos, sino también de los problemas que existen en el entorno.

En Venezuela la simbología ha sido utilizada ampliamente por los políticos para crear vínculos entre ellos y sus seguidores, particularmente por el gobierno, y en el 2018 hay un nuevo símbolo que todos ven, pero del que pocos hablan: el bolso escolar.

Para el año escolar 2018-2019, el gobierno del Presidente Nicolás Maduro ordenó la entrega de 4 millones de bolsos escolares. La ayuda estuvo dirigida a estudiantes del sector público, que en palabras del Ministro de Educación alcanza el 80% de la población estudiantil activa en Venezuela (aproximadamente 7 millones 200 mil estudiantes). Los bolsos fueron distribuidos a nivel nacional, y aunque no hay cifras oficiales de cuántos fueron entregados en Caracas, es posible verlos en cualquier lugar de la capital ya que la ayuda alcanzó a aproximadamente 55,6% de la población estudiantil.

Los principales receptores de los bolsos han debido ser niños y niñas. Niños como José Liborio, quien utilizaba su bolso mientras se dirigía hacia algún lugar de Caracas en compañía de su abuela. Sin embargo, vemos que quienes los utilizan son las abuelas, los hermanos, tíos primos y demás familiares que se ven en la necesidad de utilizar un bolso para llevar sus objetos personales o las compras del día.

Para algunos esos bolsos se han convertido en el símbolo de la miseria. El símbolo de padres y madres que no tienen los recursos económicos necesarios para comprar los útiles escolares. El símbolo de niños y niñas que por diferentes circunstancias han tenido que abandonar la escuela. El símbolo de familias separadas porque miles de venezolanos han migrado en busca de un mejor futuro. En el símbolo de un pueblo que espera paciente por las dádivas del gobierno para sobrevivir en un país que está cada día más lejos de cumplir con los objetivos del desarrollo sostenible.

Y es que con este panorama cabe preguntarse ¿qué tipo de desarrollo hay en Venezuela? ¿qué tipo de desarrollo podemos tener en Venezuela? Para mí las respuestas son muy simples: en estos momentos no hay desarrollo en Venezuela y por eso tenemos una gran oportunidad para repensar qué tipo de desarrollo debemos tener. En mi opinión, ese desarrollo debe comenzar por el cumplimiento del Objetivo de Desarrollo Sostenible 4: garantizar una educación inclusiva, equitativa y de calidad y promover oportunidades de aprendizaje durante toda la vida para todos y todas. Para lograrlo necesitamos trabajar en pro del cumplimiento de diversos objetivos, incluyendo: garantizar una vida sana (ODS 3), terminar con el hambre y la desnutrición (ODS 2), garantizar que el trabajo del personal docente está bien remunerado (ODS 8).

Pero sobretodo, Venezuela necesita que el gobierno cree alianzas estratégicas para lograr los objetivos, tal y como lo prevé el ODS 17. Estas alianzas deben ser no sólo con instituciones extranjeras sino también con organizaciones nacionales porque los objetivos del desarrollo sostenible solo pueden alcanzarse con la participación de la mayoría.

La población venezolana no puede seguir siendo receptora pasiva de ayudas, porque para alcanzar los ODS necesitamos que quienes residen en el país participen de forma activa en la creación de una sociedad más pacífica e inclusiva (ODS 16), y en el camino convertir esos bolsos escolares en símbolos de esperanza y desarrollo.

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A symbol for the Venezuelan Future

Every place has symbols and icons that makes it unique. In some cases, they can be architectural wonders, as the Eiffel tower, or natural beauties, like the Niagara Falls. Independently on which symbol or icon is used, we all refer to them to describe the wonders of that place and to explain some of its problems.

In Venezuela politicians use iconography to create bonds between them and their followers. This practice has been very common in the past 20 years, and the ruling party is its main user. In fact, Venezuelans are used to this practice, and for that reason they are not discussing the newest symbol: the schoolbag.

For the Academic Year 2018-2019, President Nicolas Maduro ordered to deliver 4 million bags to students who attend to public schools. In an official event, the Minister for Education indicated that students in the public sector represented 80% of the active student population (approx. 7.2 million students). Even though there is no official data regarding the exact number of schoolbags distributed per state and that the help did not cover the entirety of the population, at least 55.6% received it; therefore, it is possible to see them in every corner of the capital.

The main beneficiaries of the help were children. Kids like Jose Liborio, who was using his bag in the subway while moving around Caracas accompanied by his grandmother. However, he is an exception to the rule. The main users of the bags are grandparents, siblings, and other relatives who need the bag to carry personal objects or just the food the bough that day. For that reason, for some people the bag is a symbol of misery and poverty. They see it as the symbol of parents who do not have the money needed to buy back to school supplies and books. The symbol of children that for several reasons have abandoned school. The symbol of broken families because thousands of Venezuelans have migrated to pursue a better life. A symbol of a population who patiently waits for the government charity to survive in a country that every day is stepping away from achieving the sustainable development goals.

And with this panorama, one could ask, what is the type of development that Venezuela has? What is the type of development that it should have? For me answers are very simple. In this moment Venezuela has no development, and precisely because of that, we have a great opportunity to discuss the type of development that Venezuelans would need to have.

In my opinion, Venezuelan development agenda should start with SDG 4: ensure inclusive and equitable quality education and promote lifelong learning opportunities for all. However, to achieve it we need coordinated action to ensure good health and wellbeing (SDG 3), zero hunger (SDG 2), and that teachers are receiving a decent salary for their work (SDG 8). But, above everything, Venezuela needs strategic alliances as indicated in the SDG 17.

The government should promote alliances not only with foreign institutions, but also with domestic organizations. Sustainable development can only be achieved with the participation of the majority of the stakeholders. The inclusion on local institutions will transform the situation from within, and produce bottom-up solutions.

Moreover, as soon as Venezuelans start participating, they will stop being passive receptors of aid. They will be active creators of a more peaceful and inclusive society (SDG 16) and in doing it, Venezuelans will be able to develop and transform those bags in symbols of hope and prosperity.

Syria and Domestic Prosecutions: Upholding hope, one case at a time (Part 2 of 2)

National Prosecutions based on Universal Jurisdiction: the cases of Germany, Sweden, and “France”

Last June, Germany’s chief prosecutor issued an international arrest warrant for Jamil Hassan, head of Syria’s powerful Air Force Intelligence Directorate, and one of Syria’s most senior military officials. This move comes as a 2017 Human Rights Watch report mentioned [p.36] that, so far, very few members of the Assad government had been the subject of judicial proceedings in Europe based on universal jurisdiction.

At the time these charges (based on command responsibility) were filed with Germany’s Federal Court of Justice, Patrick Kroker (European Center for Constitutional and Human Rights, hereinafter “ECCHR”) commented that this moment was“historical”, adding: “That this arrest warrant has been signed off by the highest criminal court in Germany shows that they deem the evidence presented to the prosecutor is strong enough to merit urgent suspicion of his involvement.”

N.N., a Syrian activist present at the side-event held today mentioned in Part 1 of my post, underlined several times the importance of these arrest warrants. Until their issuance, he said, many Syrians never would have thought that high-level representatives of the Syrian regime would have charges laid against them. For many this is a great sign of hope, a demonstration that we are “not only listening to stories but also doing something about it.” He mentioned this point in part as an answer to a participant at the event who wondered what it could mean to the people still in Syria to see prosecutions happening in Europe, but not in Syria or before the ICC.

Mr. Patrick Kroker, Legal Advisor& Project Lead for Syria at the ECCHR (Berlin) explained the work done by his organization to initiate prosecutions in Germany linked to the Syrian conflict. With regard to Germany, the progress over the past few years has been spectacular: 11 cases have been brought to trial. As well, three were brought to trial in Sweden, one in Switzerland, and another in Austria (for an excellent overview of proceedings linked to Syria, see the Amnesty International page “Justice for Syria” here).

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Syria and Domestic Prosecutions: Upholding hope, one case at a time (Part 1 of 2)

Credit: Lynsey Addario

As of July 2018, more than 500 000 people had been killed as a result of the conflict in Syria, according to the British-based Syrian Observatory for Human Rights. With the UN Special Envoy for Syria having recently resigned, signs of hope seem dire for many Syrians and their supporters, there and abroad.

A side-event held today, on Day 3 of the 17th Assembly of State Parties (ASP) to the International Criminal Court, brought distinguished panelists together to discuss the role of prosecutions held in Europe through universal jurisdiction for international crimes, using Syria as an example. More than only about accountability, the resounding message about these prosecutions was that their role was to give out and to inspire the people to be strong, fight for justice and, maybe, eventually, be able to move on.

Earlier this week, during a keynote address at a reception held before the launch of the ASP, Ms.Catherine Marchi-Uhel aptly said that the ICC is the center piece of the international justice system. However, she also reminded the audience that the role of the international jurisdiction as a springboard for national prosecutions is often overlooked.

Yet, despite the hopes, symbolism and assistance to the rebuilding of judicial institutions that national prosecutions can bring (as I mentioned in my previous blog post on Quid Justitiae in the context of the present ASP), the political context may simply not allow it and, in the case of Syria, there is obviously no need to elaborate on why prosecutions at the national level are not possible.

In the case of Syria, one of the worst situations since World War II, as Ms Marchi-Uhel underlined, the pathway to the ICC is blocked, as a UN Security Council (UNSC) resolution to refer the case to the ICC was vetoed in 2014. With the ICC option gridlocked, Marchi-Uhel said that the international community needed to be creative to find new strategies to supplement the Rome Statue system: there was a need to think outside the international justice box. This is why, in 2016, the UNGA decided to create the International, Impartial and Independent Mechanism to assist in the investigation and prosecution of persons responsible for the most serious crimes under international law committed in the Syrian Arab Republic since March 2011 (IIIM) to collect and analyse evidence of international crimes committed in Syria (see the IIIM official website here). Not a court or tribunal, it is “a building block for comprehensive justice” and can “turn limitations into opportunities”. This was definitely a smart move, as the call for Syria to be referred to the International Criminal Court by the United Nations Secretary-General Antonio Guterres did not seem to have resonated any more than previous attempts made through the UNSC.

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Human Rights and the U.S. Gun Violence Crisis: A New Approach

With the most recent mass shootings at Thousand Oaks Bar in California and the Tree of Life Synagogue in Pittsburgh, Americans are once more reeling from the shock and horror of seeing their compatriots mowed down while undertaking normal daily activities. Innocent men, women, and children have been killed or injured whilst worshiping; enjoying a concert; spending an evening out with friends; attending school; or simply being in the wrong place at the wrong time. Each time shots ring out, the media is full of conversations about “gun rights” and the Second Amendment. But what about human rights? What about the right to life; the right of association; the right to health; the right to safety and security; the right to attend school and receive an education?

11.02.2018- Gun Panel Photo by Mary ButkusOn November 2 and 3, more than 150 people attended a conference at the School of Law entitled, The U.S. Gun Violence Crisis: An Interdisciplinary and Human Rights Approach. Co-sponsored by the Whitney R. Harris World Law Institute at Washington University School of Law, the Washington University Institute of Public Health, The Public Interest Law & Policy Speakers Series, and the American Branch of the International Law Association (International Human Rights Committee), the event brought together leading scholars and experts in the fields of law, psychiatry, sociology, medicine, and public health policy to focus on new approaches to the U.S. gun violence epidemic.

11.02.2018- Gun Panel Photo by Mary ButkusMike McLively, director of the Urban Gun Violence Initiative at Giffords Law Center to Prevent Gun Violence, opened the conference by highlighting the scope and scale of the U.S. gun violence epidemic. He noted that more than 30,000 people die each from gun violence – violence that is, for the most part, easily prevented by simple and common sense regulation or even executive action. He noted that more than 60 percent of those killed by gun violence have committed suicide with a gun; deaths that were largely preventable through simple measures like waiting periods to purchase firearms. Others noted the disproportionate impact of gun violence on communities of color and young people, as well as the exportation of the U.S. gun violence crisis to third countries through the trafficking of weapons from the United States. The usefulness of international human rights regimes in reframing thinking about this issue, and the important work already being done on this issue by U.N. bodies was noted by several participants. Barbara Frey, in particular, has worked on this issue for many years at the U.N. in her capacity as the alternate U.S. member of the U.N. Sub-Commission on the Promotion and Protection of Human Rights and as Special Rapporteur to the Sub-Commission on the issue of preventing human rights abuses committed with small arms and light weapons.

Epstien_WLM_0156Lee Epstein, Ethan A.H. Shepley Distinguished University Professor, spoke insightfully about the history of the relationship between the Second Amendment in the U.S. Supreme Court and the evolution of conversations around gun rights. Professor Epstein noted that the relatively recent emergence of an individual right to bear arms can be traced to a flurry of recent law review articles advocating for this position. She suggested that further social science research and legal research could therefore contribute to the solution of the current crisis.

alpers_wlm_0227.jpgFinally, Philip Alpers, founder of GunPolicy.org, concluded by offering a comparative analysis of the crisis and its resolution in Australia as a result of legislative action, gun buybacks, and a change in legal and popular culture with respect to guns and gun ownership.

During the second day of the conference, speakers met to discuss the conference, as well as a Report on the topic prepared by Harris Institute Fellow Madaline George and myself. The Harris Institute’s Report, which concludes that the U.S. government has failed in significant respects to adequately protect the human rights of individuals living in the United States from gun violence, will be published in the coming months. The papers from the conference will appear in a special symposium issue of the Washington University Journal of Law and Policy in 2019. The Institute has already presented testimony on the U.S. Gun Violence Crisis to the Inter-American Commission on Human Rights and is working on testimony before other human rights bodies as well.

To learn more about the Harris Institute’s Gun Violence Initiative, visit our website.

Experts' Meeting at Washington University School of Law

John Bolton is right (sort of)—the ICC should not be able to prosecute Americans. How US law has major gaps in domestic accountability for war crimes.

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US National Security Advisor John Bolton. Photo Credit Gage Skidmore.

It has long been known that US National Security Advisor John Bolton is no fan of the International Criminal Court (ICC). But today marked a dramatic step up in his rhetoric, ahead of the ICC’s decision about an investigation into possible war crimes and crimes against humanity in Afghanistan. Despite the fact than any ICC investigation will probably focus on the Taliban, the US is worried that American troops stationed in the country may be vulnerable to prosecution.

Ahead of the ICC’s announcement, Bolton claimed that the US will “ban its judges and prosecutors from entering the United States. We will sanction their funds in the U.S. financial system, and, we will prosecute them in the U.S. criminal system. We will do the same for any company or state that assists an ICC investigation of Americans.” (However, it seems unclear if the President actually has the legal authority to do this.)

John Bolton is right about one thing: the ICC should not be able to prosecute Americans for war crimes or crimes against humanity. The fact that the ICC can reveals huge gaps in the American domestic legal system’s ability to hold citizens and foreign nations residing in the US accountable for mass atrocities.

Bolton’s pronouncements to the contrary, the ICC only has jurisdiction over crimes included in its statute committed by citizens or in the territory of states party to the Rome Statute. That is why the ICC only theoretically has jurisdiction over Americans for crimes committed in Afghanistan (and not, for instance, Yemen). Furthermore, the ICC is a court of last resort. The principle of complementarity means that the ICC can only prosecute individuals if other states are unwilling or unable to prosecute them first.

Despite Bolton’s claim that his opposition to the ICC is to protect American service members, US military personnel are arguably more protected from ICC prosecution by the principle of complementarity than other American civilians. The US military’s court martial system is generally ‘willing and able’ to hold service members accountable for war crimes and crimes against humanity. However, there is a huge gap in the American legal systems’ ability to hold American civilians and foreign nationals residing in the United States accountable for crimes against humanity and war crimes committed abroad.

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Cautionary tales for the Mueller Probe from the International Criminal Tribunal for the former Yugoslavia

 

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Photo by the National Archives and Records Administration

“I just can’t wait to hear the final report of the Mueller probe!”

Even those not normally interested in the intricate details of complex legal investigations have found themselves obsessed with the criminal investigation at the center of our nation’s political drama—the Special Counsel Investigation into Russian interference in the 2016 election, or the Mueller probe.

Both sides of the political aisle are awash with speculation about what the final report might reveal (and it’s probably as damning as whatever is in Donald Trump’s tax returns). Whatever you think it might disclose, we all seem convinced that the investigation will prove to the American public once and for all just what was going on during the 2016 election.

But international justice offers a cautionary tale about the ability of criminal justice mechanisms to draw a line in the sand about political events.

Very popular criminals 

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The International Criminal Tribunal for the Former Yugoslavia

 

 

In 1993, the United Nations established the International Criminal Tribunal for the former Yugoslavia (ICTY) in order to try those most responsible for the crimes committed during the Balkans wars of the 1990s. In December 2017, it sentenced former Bosnian Serb general Ratko Mladić, also known as “the Butcher of Bosnia,” to life imprisonment for genocide, war crimes and crimes against humanity. Justice, one might infer, had been served. Who could deny the atrocities now?

After the Mladić verdict, in Srebrenica—a town whose name became synonymous with the 1995 genocide—mayor : “Mladić will be remembered in history and this sentence only strengthens his myth among the Serb nation, which is grateful to him for saving it from persecution and extermination.” For a little less than half of the Bosnian population, Mladić is not a war criminal: he is a hero.

Denials about atrocities of the war are typical and commonplace in the Balkans, even of infamous events like Srebrenica. Despite 2.5 million pages of court transcripts, the ICTY’s findings are not always accepted as true among the people for whom it was established.

There are many theories about why Bosnians have not internalized the ICTY rulings. Some argue that the trials and the judgments were too lengthy, complicated and legalistic for people to understand—the court is located far away in The Hague and the proceedings are conducted in English and French. People in the former Yugoslav simply didn’t watch the trials or read the verdicts. Some point the finger at nationalist elites, politicians and journalists, who used confusion about the ICTY rulings for their own benefit. Still others point out that the defendants were allowed to hijack the trials and use them as political platforms, undermining the ICTY’s ability to communicate with the public.

But the truth was that being subjects of international indictments for war crimes did not really lessen the popularity of any of the Balkans leaders among their constituencies. Continue reading