September, 22 2010, 03:11pm EDT
![Human Rights Watch (HRW)](https://assets.rbl.ms/50602809/origin.jpg)
Sudan: Protect Rights Ahead of Referendum
High-Level UN Meeting Should Promote Conditions for Free, Fair Vote
NEW YORK
States convening at the United Nations for a high-level meeting on
Sudan on September 24, 2010, should press Sudanese authorities to ensure
that the forthcoming referendum on southern independence is free of the
human rights violations that marred the April elections, Human Rights
Watch said today.
More than 30 nations and international organizations are expected to
attend the meeting, convened by the UN secretary-general to coincide
with the annual General Assembly meetings. Delegates are expected to
express their support for the January 2011 referendum, which will
determine whether Southern Sudan remains part of Sudan or secedes and
becomes an independent nation.
"The delegates at the Sudan meeting should do more than confirm that
the referendum will happen on time," said Rona Peligal, Africa director
at Human Rights Watch. "This is also a prime opportunity for them to
insist on better human rights conditions in Sudan."
The April elections and the upcoming referendum for southern
independence are milestones in the 2005 Comprehensive Peace Agreement,
which ended 22 years of civil war in which an estimated 2 million people
lost their lives.
Human Rights Watch remains concerned about impunity for human rights
violations by security forces across Sudan, restrictions on civil and
political rights, and the treatment of minority groups throughout Sudan.
The two parties to the peace agreement - the ruling National Congress
Party (NCP) and the southern ruling Sudan People's Liberation Movement
(SPLM) - should state publicly that they will not expel each other's
minorities in the event of secession, Human Rights Watch said.
The delegates to the September 24 UN meeting should also address the deteriorating situation in Darfur.
"Focus on the southern referendum should not shift attention away
from the ongoing crises in Darfur," Peligal said. "The nations concerned
about the situation in Sudan need to press Khartoum now to end impunity
for ongoing human rights violations in Darfur."
Election-Related Violations
As Human Rights Watch has extensively documented, the national elections in April 2010
were deeply flawed. They were marred by human rights violations,
including restrictions on free speech and assembly, particularly in
northern Sudan. The elections also occasioned widespread intimidation,
arbitrary arrests, and physical violence against election monitors and
opponents of the ruling parties by Sudanese security forces across the
country.
In the period following the elections, the human rights situation
deteriorated further as the ruling party, using the National
Intelligence and Security Services, cracked down on opponents,
activists, and journalists in Khartoum and northern states. Human Rights
Watch documented additional cases of arbitrary arrests of activists in
August and September.
Human Rights Watch has repeatedly called on the Sudanese national
government to enact key human rights reforms required under the peace
agreement, such as reforming the repressive national security apparatus.
In Southern Sudan, election-related disputes sparked clashes between
the southern government army, the SPLM, and aggrieved candidates and
other opponents of the southern ruling party. In Jonglei state, for
example, General George Athor, who unsuccessfully ran for governor,
clashed with the southern army on multiple occasions. As of September,
large numbers of the southern army's soldiers were still deployed in
northern Jonglei state where civilians continue to report rape and other
abuses. Soldiers have also conducted violent operations against armed
groups aligned to opponents of the southern ruling party in Upper Nile
state, resulting in human rights violations there.
Both national and Southern Sudanese authorities should hold their
security forces accountable for human rights violations that occurred
during and after the elections, Human Rights Watch said.
Civil and Political Rights Threatened
Although the head of the national security service in early August
lifted pre-print censorship, other restrictions on political expression
remain in place. During research in Sudan in August, Human Rights Watch
found that both in the northern states, where authorities support the
continued unity of Sudan, and in Southern Sudan, where authorities
support southern secession, journalists and civil society are not free
to speak openly about any opposition to the prevailing sentiment.
Human Rights Watch also found increased anxiety over the citizenship
rights of southerners living in Khartoum and elsewhere in northern
states. Southerners living throughout Sudan will be eligible to vote in
the referendum. The vast majority of them live in Southern Sudan, but an
estimated 1.5 million live in Khartoum and other northern towns, many
in settlements for displaced persons.
In recent months, officials in the northern ruling party have
publicly threatened that southerners may not be able to stay in the
north in the event of a secession vote. Both southerners in the north
and northerners living in Southern Sudan told Human Rights Watch that
they feared retaliation, even expulsion, if secession were approved.
International standards protect people from arbitrary or
discriminatory removal or deprivation of their nationality. The Sudanese
authorities should publicly pledge that no one will be at risk of
statelessness, or risk losing enjoyment of other basic rights, as a
result of the outcome of the referendum.
"The UN meeting provides a perfect opportunity for the parties to
declare there will be no expulsions of southerners from the north, or
northerners from the south," Peligal said.
Impasse at Abyei
Delegates at the UN meeting this week should also press the two parties
to the Comprehensive Peace Agreement to make it an urgent priority to
resolve the political impasse over Abyei, the oil-rich area along the
north-south border where northern and southern forces clashed in 2008. The issue remains a key flashpoint for further conflict and human rights abuses, Human Rights Watch said.
"The situation in Abyei could easily deteriorate and lead to more
conflict without a concerted effort to protect civilians and defuse
tensions on the ground," Peligal said.
Under the peace agreement, the area is to hold its own parallel
referendum in January 2011 to decide whether it will belong to the north
or south, but the parties have made no progress in agreeing on the
arrangements for this vote or in taking steps to resolve differences
between local populations and protect their rights, as Human Rights
Watch documented in August.
The United Nations Mission in Sudan (UNMIS), which has a mandate to
protect civilians, should increase its patrols throughout Abyei and
other key volatile areas along the north-south border, and Sudanese
authorities should ensure peacekeepers' access to these areas, Human
Rights Watch said.
Abuses by Soldiers in Southern Sudan
The Sudanese government and international supporters should not ignore
human rights violations by security forces in Southern Sudan, where
election-related grievances have provoked human rights violations by the
southern government's soldiers in the months following the April vote,
Human Rights Watch said.
In northern Jonglei and Upper Nile states, for example, Human Rights
Watch documented killings and rapes committed by these soldiers in June
and July. The soldiers targeted civilians whom they accused of
supporting "renegade" commanders and local militia groups who opposed
the southern ruling party.
In Upper Nile state, the governing party's troops conducted
particularly violent operations against a militia group allegedly linked
to SPLM-DC, a breakaway political party led by Lam Akol. In one
village, a 60-year-old woman told Human Rights Watch that soldiers had
rounded up her son and three friends, tied their hands behind their
backs, and shot them dead.
"These incidents underscore the urgent need for the southern
government to instruct soldiers on their human rights obligations and to
hold them accountable for all violations," Peligal said.
Human Rights Watch also urged human rights personnel for the UN
mission to monitor and report on these abuses and to press the southern
armed force to strengthen its accountability mechanisms before the
referendum. International donors engaged in reforming the security
sector in Southern Sudan should include accountability and human rights
in their programs.
The Government of Southern Sudan has, appropriately, put the southern
police forces in charge of referendum security, rather than soldiers
who have been responsible for abuses, Human Rights Watch said.
Protect Civilians and Insist on Justice for Crimes in Darfur
Human Rights Watch also urged the international delegates to ensure
stronger protection of civilians from ongoing violence and rights abuses
in Darfur, Human Rights Watch said.
The delegates should insist that those wanted by the International
Criminal Court (ICC) for war crimes, crimes against humanity, and
genocide allegedly committed in Darfur appear in The Hague to face the
charges against them. President Omar al-Bashir; Ahmed Haroun, the
country's former minister for humanitarian affairs and current governor
of Southern Kordofan state; and Ali Kosheib, a "Janjaweed" militia
leader whose real name is Ali Mohammed Ali, are all subject to arrest
warrants by the ICC.
The situation in Darfur has deteriorated in recent months, and the Sudanese government continues to carry out armed attacks on rebel factions and civilians.
In early September, for example, armed militias (some wearing
military uniforms) on camels and horses and in vehicles mounted with
guns killed 37 people in an attack on a market in North Darfur. The
UN-African Union peacekeeping mission in Darfur (UNAMID), which is
charged with protecting civilians and has a base 15 kilometers away at
Tawila, turned back in its first effort to reach the site on the advice
of a pro-government armed group and did not reach the market until
nearly a week after the attack.
The incident underscores the need for the peacekeeping operations to
interpret its protection mandate robustly and to insist on immediate
access to areas where violations occur, Human Rights Watch said.
Violence has also increased inside camps for people who have been
displaced by the conflict. At Kalma camp in South Darfur and at Hamadiya
camp in West Darfur, tensions in July between supporters and opponents
of peace talks, known as the Doha peace process, led to violence,
killing 11 people.
The impact of the fighting between armed groups in Darfur and of
government attacks on civilians has not been fully documented, in part
because the government and rebels have repeatedly denied peacekeepers
and humanitarian aid groups access to affected areas. Following violence
in Kalma camp, for example, the Sudanese government blocked
humanitarian organizations from the camp for several weeks.
Human Rights Watch has repeatedly urged leaders of the peacekeeping
operation to increase human rights monitoring and public reporting and,
where necessary, issue statements pressing Sudanese authorities to end
specific abuses.
In September, the Sudanese government endorsed a new security and
development strategy for Darfur, which the peacekeepers have publicly
supported. The plan envisions the return of displaced people to their
homes, but it does not contain clear measures to ensure their returns
are voluntary, or that militias are disarmed and soldiers held
accountable, Human Rights Watch said.
"Darfur cannot be developed unless there is real security," Peligal
said. "The international actors need to press the Sudanese government to
immediately end attacks on civilians, let humanitarian groups and
peacekeepers operate effectively, and send people home only when they
want. The government also needs to bring to justice those who have
committed abuses in Darfur, including by cooperating with the
International Criminal Court."
Human Rights Watch is one of the world's leading independent organizations dedicated to defending and protecting human rights. By focusing international attention where human rights are violated, we give voice to the oppressed and hold oppressors accountable for their crimes. Our rigorous, objective investigations and strategic, targeted advocacy build intense pressure for action and raise the cost of human rights abuse. For 30 years, Human Rights Watch has worked tenaciously to lay the legal and moral groundwork for deep-rooted change and has fought to bring greater justice and security to people around the world.
LATEST NEWS
'Tragic Outcome' for Gig Workers as California Supreme Court Hands Win to Uber, DoorDash
"Today's ruling only strengthens our demand for the right to join together in a union so that we can begin improving the gig economy for workers and our customers," the case plaintiff said.
Jul 25, 2024
Labor advocates on Thursday decried a ruling by the California Supreme Court upholding a lower court's affirmation of a state ballot measure allowing app-based ride and delivery companies to classify their drivers as independent contractors, limiting their worker rights.
The court's seven justices ruled unanimously in Castellanos v. State of California that Proposition 22, which was approved by 58% of California voters in 2020, complies with the state constitution. Prop 22—which was overturned in 2021 by an Alameda County Superior Court judge in 2021—was upheld in March 2023 by the state's 1st District Court of Appeals.
The business models of app-based companies including DoorDash, Instacart, Lyft, and Uber rely upon minimizing frontline worker compensation by categorizing drivers as independent contractors instead of employees. Independent contractors are not entitled to unemployment insurance, health insurance, or compensation for business expenses.
There are approximately 1.4 million app-based gig workers in California, according to industry estimates.
While DoorDash hailed Thursday's ruling as "not only a victory for Dashers, but also for democracy itself," gig worker advocates condemned the decision.
"Over the last three years, gig workers across California have experienced firsthand that Prop 22 is nothing more than a bait-and-switch meant to enrich global corporations at the expense of the Black, brown, and immigrant workers who power their earnings," plaintiff Hector Castellanos, who drives for Uber and Lyft, said in a statement.
"Prop 22 has allowed gig companies like Uber, Lyft, and DoorDash to deprive us of a living wage, access to workers compensation, paid sick leave, and meaningful healthcare coverage," Castellanos added. "Today's ruling only strengthens our demand for the right to join together in a union so that we can begin improving the gig economy for workers and our customers."
Lorena Gonzalez, president of the California Federation of Labor Unions, AFL-CIO, said that "we are deeply disappointed that the state Supreme Court has allowed tech corporations to buy their way out of basic labor laws despite Proposition 22's inconsistencies with our state constitution."
"These companies have upended our social contract, forcing workers and the public to take on the inherent risk created by this work, while they profit," she continued. "A.B. 5 granted virtually all California workers the right to be paid for all hours worked, health and safety standards, unemployment insurance, workers compensation, and the right to organize."
"Rideshare and delivery drivers deserve those rights as well," Gonzalez stressed.
The Gig Workers Rising campaign said on social media that "Uber and other app corporations spent $220 million to buy this law, and they did it by tricking Californians."
Prop 22's passage in November 2020 with nearly 59% of the vote was the culmination of what was by far the most expensive ballot measure in California history. App-based companies and their backers outspent labor and progressive groups by more than 10 to 1, with proponents pouring a staggering $204.5 million into the "yes" campaign's coffers against just $19 million for the "no" side.
"Voters were told the initiative would provide us with 'historic new benefits' and guaranteed earnings," said Gig Workers Rising. "But since it went into effect, drivers have seen our pay go down, learned the benefits are a sham, and have to accept unsafe rides because of the constant threat of being 'deactivated,' kicked off the app with little explanation or warning."
"If Uber really cared about good benefits and fair wages, it could make that happen tomorrow," the campaign added. "Instead, it has shown it would rather slash pay, bamboozle voters, and put drivers' lives and livelihoods in danger—all while promising $7 billion in stock buybacks to banks and billionaires."
Veena Dubal, a law professor at the University of California, Irvine who focuses on labor and inequality, toldCalMatters that Thursday's ruling was "a really tragic outcome," but "it's not the end of the road."
Dubal's sentiment was echoed by some California state legislators, who said the ruling presents an opportunity to act.
"While this decision is frustrating, it must also be motivating," said state Senate Labor Committee Chair Lola Smallwood-Cuevas (D-28). "I'm more determined than ever to ensure that all workers—including our diverse and Black, Indigenous, and people of color-led gig workforce—have the basic protections of workers compensation, paid sick leave, family leave, disability insurance, and the right to form a union."
Prop 22 has served as a template for lawmakers in other states seeking to deny or limit basic worker rights, benefits, and protections.
In Massachusetts, app-based companies have been fighting for years to get a measure to classify drivers as contractors on the state ballot. In 2022, Lyft made the largest political donation in state history—$14.4 million—to a coalition funding one such proposal.
Last month, Uber and Lyft reached an agreement with the office of Massachusetts Attorney General Andrea Campbell, a Democrat, to pay $175 million to settle a lawsuit filed in 2020. As part of the deal, the companies also agreed to increase driver pay and provide paid sick leave, accident insurance, and some health benefits. The agreement does not address how app-based gig workers should be classified.
Keep ReadingShow Less
Young Voters Tell Kamala Harris to 'Fight for Our Future'
"This is your chance to energize young people and our communities to vote, mount one of the greatest political comebacks in decades, and deliver a resounding defeat to the far-right agenda of Trump and Vance."
Jul 25, 2024
Four youth-led groups on Thursday urged Vice President Kamala Harris, the presumptive Democratic presidential nominee, to "fight for our future" by pursuing a policy agenda the coalition unveiled in a March letter to U.S. President Joe Biden.
It's been less than a week since Biden left the race and endorsed Harris, who is expected to face former Republican Donald Trump and his running mate, U.S. Sen. JD Vance (R-Ohio), in the November election. Since then, she's racked up endorsements from Democratic members of Congress and progressive groups focused on issues including climate, labor, and reproductive rights.
March for Our Lives, which was launched after the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, honored Harris with the group's first-ever endorsement on Wednesday, calling her "the right person to stand up for us and fight for the country we deserve."
"To defeat Trump, you must rebuild support and enthusiasm among young voters."
The gun violence prevention organization is part of the youth-led coalition behind the new letter, which also includes the climate-focused Sunrise Movement; Gen-Z for Change, which advocates on a range of issues; and the national immigrant network United We Dream Action.
"You have an urgent and important task. To defeat Trump, you must rebuild support and enthusiasm among young voters," the coalition told Harris on Thursday, noting that she sought the Democratic nomination during the last cycle. "You should build on your 2020 campaign platform where you put forward a strong vision to make the economy work for everyday people and ensure a livable future for us all."
The groups urged Harris to support the Green New Deal, Medicare for All, and the Reverse Mass Incarceration Act. They pushed her to expand pathways to citizenship, keep families together, end fossil fuel subsidies, and create good, union jobs. They also called on her to prioritize gun violence prevention and investments in public health solutions and green, affordable housing.
"Democrats are at a critical crossroads with young people," the coalition wrote to Harris on Thursday. "Polls showed Biden and Trump neck-and-neck among young voters."
ANew York Times/Siena College poll conducted July 22-24 shows Trump leading Harris 48% to 47% among likely voters and 48% to 46% among registered voters—differences that fall within the margin of error.
Forbesnoted Thursday that "Democrats are far more enthusiastic about Harris than they were Biden, the Times/Siena survey found, with nearly 80% of voters who lean Democrat saying they would like Harris to be the nominee, compared to 48% of Democrats who said the same about Biden three weeks ago."
The outlet also pointed to two other polls conducted by Morning Consult and Reuters/Ipsos since Biden dropped out, which both show Harris with a narrow lead over Trump.
"You have an opportunity to win the youth vote by turning the page and differentiating yourself from Biden policies that are deeply unpopular with us, such as approving new oil and gas projects, denying people their right to seek refuge and asylum, and funding the Israeli government's killing of civilians in Gaza," the youth coalition highlighted Thursday. "You must speak to the economic pain young people are facing from crushing student debt and skyrocketing housing and food prices."
Looking beyond November, the groups told Harris—who could be the first Black woman and person of Asian descent elected to the country's highest office—that "you could be a historic president. Not just because of who you are, but what you can accomplish."
"Young people are energized and ready to organize against fascism and for the future we deserve," they concluded. "This is your chance to energize young people and our communities to vote, mount one of the greatest political comebacks in decades, and deliver a resounding defeat to the far-right agenda of Trump and Vance."
Keep ReadingShow Less
Video Game Actors Strike for AI Protections
"The video game industry generates billions of dollars in profit annually," said one union leader. "The driving force behind that success is the creative people who design and create those games."
Jul 25, 2024
After nearly two years of negotiations with video game giants and no deal that would protect performers from artificial intelligence, unionized voice and motion capture actors who work in video game development announced Thursday that they will go on strike starting at 12:01 am on Friday, July 26.
The performers are represented by Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), which last year won a contract for TV and film actors that included "unprecedented provisions for consent and compensation that will protect members from the threat of AI," after the union went on strike for four months.
The union has been negotiating on behalf of video game actors with major production companies including Disney Character Voices Inc., Activision Productions Inc., and WB Games Inc., and has won concessions over wages and job safety—but "AI protections remain the sticking point," said SAG-AFTRA on Thursday as the impending strike was announced.
Unionized actors want protections that would stop video game companies from training AI to replicate actors' voices or likeness without their consent and without compensating them.
"The video game industry generates billions of dollars in profit annually," said Duncan Crabtree-Ireland, national executive director and chief negotiator for SAG-AFTRA. "The driving force behind that success is the creative people who design and create those games. That includes the SAG-AFTRA members who bring memorable and beloved game characters to life, and they deserve and demand the same fundamental protections as performers in film, television, streaming, and music: fair compensation and the right of informed consent for the AI use of their faces, voices, and bodies."
"Frankly, it's stunning that these video game studios haven't learned anything from the lessons of last year—that our members can and will stand up and demand fair and equitable treatment with respect to AI, and the public supports us in that," he added.
Sarah Elmaleh, negotiating committee chair for the union's interactive media agreement, said the negotiations have shown the companies "are not interested in fair, reasonable AI protections, but rather flagrant exploitation."
"We look forward to collaborating with teams on our interim and independent contracts, which provide AI transparency, consent, and compensation to all performers, and to continuing to negotiate in good faith with this bargaining group when they are ready to join us in the world we all deserve," said Elmaleh.
The unionized actors voted in favor of the strike authorization with a 98.32% yes vote, said SAG-AFTRA.
The strike was announced as more than 500 workers who help develop the popular World of Warcraft video game franchise voted to join the Communications Workers of America (CWA), with the games publisher, Blizzard Entertainment, recognizing the bargaining unit.
CWA noted that the workers' journey to union representation began with a walkout in 2021 at Activision Blizzard, which was later bought by Microsoft, over sexual harassment and discrimination.
"What we've accomplished at World of Warcraft is just the beginning," Eric Lanham, a World of Warcraft test analyst, said in a statement. "We know that when workers have a protected voice, it's a win-win for employee standards, the studio, and World of Warcraft fans looking for the best gaming experience."
Keep ReadingShow Less
Most Popular