Daily Report
Belgian high court: PKK not 'terrorist' organization
The Court of Cassation of Belgium on Jan. 28 upheld a lower court's judgement and ruled that the Kurdistan Workers Party (PKK) is not a "terrorist organization." The case, one of several in Belgium relating to the nature of the PKK, stems from an investigation into three local Kurdish supporters of the party by Belgian judicial authorities. The legality of the investigation was challenged, and in May 2017 the Court of Appeals ruled for the three activists. The Federal Prosecutor's appeal of this ruling has now been rejected. Speaking to Kurdish news agency ANF after the high court decision, one of the three targeted leaders, Zübeyir Aydar of the Brussels-based Kurdistan National Congress (KNK), said: "The Court of Cassation ruling recognizes the fact that the Kurdistan freedom struggle cannot be accused of terrorism, that what is in question is not terror but a war, and the PKK is a party of this war. This is a first in Europe and we hope it will set an example to other countries." A case has been pending since November 2018 before the European Court of Justice in Luxembourg challenging the European Union's listing of the PKK as a "terrorist organization."
Protest Turkish bombardment of Yazidi territory
The Turkish air force on Jan. 15 again carried out raids targeting the Sinjar Resistance Units (YBS), a Yazidi militia, in the autonomous Sinjar area of Iraq's Ninevah province. Reports said at least four people were killed, including militia commander Zardasht Shingali. The YBS, aligned with the Kurdistan Workers Party (PKK), played a key role in liberating the Sinjar area from ISIS after the Islamic State's genocide against the Yazidis in 2014. After the new air-strikes, the Kurdish Freedom Movement umbrella group called for protests against the Turkish aggression in cities across Europe. Demonstrations were reported from Athens, Nuremberg, Frankfurt, Marseille, Stockholm and Utrecht. (Al Monitor, The Canary)
Modi and Bolsonaro: twin threat to tribal peoples
India's Prime Minister Narendra Modi and Brazilian President Jair Messias Bolsonaro met in New Delhi Jan. 26, pledging a "new chapter" in cooperation between their two countries, especially naming counter-terrorism and exploitation of minerals, hydrocarbons and other natural resources. (India Today, PTI) The juxtaposition of security concerns and extractivism is telling, as both leaders prepare to repress opposition to their plans to open the traditional territories of indigenous peoples to industrial interests.
Exiled Crimean Tatar TV threatened with silence
The only Crimean Tatar TV channel is facing a new threat to its existence—this time not from the Russian occupiers of Crimea, but the Ukrainian authorities. A dramatic cut in state funding for ATR TV has coincided with Kiev's decision to drop Tatar-language services on the state network UATV in favor of a new Russian-language channel to be broadcast into rebel-held territory in Ukraine's heavily Russophone east. ATR deputy director Ayder Muzhdabaev reported Jan. 17 that the station has reduced production of its own programming by 90% due to underfunding. He said that of the 35 million hryvnia allocated to the station in Ukraine's 2019 budget, only 15 million had actually been received.
ICJ: Burma must prevent Rohingya genocide
The International Court of Justice (ICJ) ruled unanimously Jan. 23 that Myanmar (Burma) must take "provisional measures" to address the "ongoing risk of genocide" faced by the remaining Rohingya people within the country's borders. The ruling also ordered Myanmar to preserve evidence of killings and to make regular reports to the court. This decision arises as part of the ongoing dispute between The Gambia and Myanmar regarding allegations of genocide against the Rohingya Muslim minority. The Gambia brought a complaint to the ICJ in November and the trial officially commenced in December with oral arguments from the two sides. The Gambia requested that the ICJ institute "provisional measures" against Myanmar to ensure the protection of the Rohingya people during the trial and to preserve evidence. The court found that given the inherent gravity of genocide allegations and the prima facie evidence already presented, provisional measures were necessary to preserve the rights of the Rohingya currently remaining in Myanmar.
Butterfly conservationist disappears in Mexico
The State Human Rights Commission (CEDH) in Mexico's west-central state of Michoacán is exhorting authorities to intensify their search for a campesino ecologist and advocate for protection of the world-famous monarch butterfly habitat, who has "disappeared." Homero Gómez González went missing Jan. 13, one day after he posted a video of himself on Twitter standing amid a swarm of butterflies at their wintering grounds in the Michoacán highlands, hailing it as a "patrimony of humanity." He has long served as administrator of Ejido El Rosario, an agrarian community of the Mazahua indigenous people in Ocampo municipality, which overlaps with El Campanario Sanctuary, part of the UNESCO-recognized Mariposa Monarca Biosphere Reserve. The Michoacán prosecutor's office, the Fiscalía General, announced Jan. 20 that 53 police officers from the municipalities of Ocampo and Angangueo have been detained in relation to the disappearance. Family members say Gómez González told authorities that he had received threats from local organized crime networks.
Colombia: protests met with repression —again
The protest wave in Colombia was revived with a national mobilization Jan. 21, to be again met with repression from the security forces. Protest organizers explicitly rejected violence, but police and gangs of masked men sabotaged efforts by municipal authorities to maintain the peace in the country's two biggest cities. In both Bogotá and Medellín, the progressive mayors who defeated President Ivan Duque's far-right Democratic Center party in local elections last year had adopted protocols to prevent police attacks on peaceful protesters. Human rights defenders in Bogota said that the feared National Police riot squad, ESMAD, ignored protocols put in place by Mayor Claudia Lopez and attacked protesters without first attempting mediation. Some 90 were arrested and several injured in the capital, including at the central Bolivar Square, where ESMAD troops attempted to block marchers from entering. Presumed provocateurs also sparked clashes elsewhere in the city.
Colombia: ex-army chief called to trial over killings
The former commander of Colombia's armed forces, retired general Mario Montoya, was summoned late last month to appear before a trial to take place under the Special Jurisdiction for Peace (JEP) concerning the grisly practice of "false positives"—the killing of non-combatants in the guise of military operations against the guerillas. Montoya has been called to testify in Case 03, officially dubbed "muertes ilegítimamente presentadas como bajas en combate por agentes de Estado" (deaths illegitimately presented as fallen in combat by agents of the State). The testimony is scheduled for Feb. 12.
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