The Rachel Corrie Foundation for Peace and Justice

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Rachel Corrie Foundation Joins First-Ever U.S. Universal Periodic Review

Posted on December 19, 2010

Edited by Evan Welkin

UN Human Rights Council Calls On U.S. to Enforce Leahy Amendment

Gina Patnaik (third from left) represents Rachel Corrie Foundation in Geneva.

On November 9, 2010, The U.N. Human Rights Council in Geneva released its draft report on the first Universal Periodic Review (UPR) of the U.S. human rights record. The Universal Periodic Review was established by the U.N. General Assembly in 2006 to review human rights records of all 192 U.N. member states. The 2010 report calls for greater transparency and accountability in U.S. foreign military aid and programs. The Rachel Corrie Foundation was one of numerous non-governmental organizations to provide written submissions for the UPR of the U.S.

On Thursday, November 4, Gina Patnaik, a cousin of Rachel Corrie and PhD candidate at the University of California – Berkeley, spoke at UN headquarters in Geneva, representing the Rachel Corrie Foundation in a side panel to the U.S. review. Patnaik called upon the U.S. Government to strengthen two existing mechanisms for monitoring human rights abuses – the Leahy Amendment, and the Country Reports on Human Rights Practices. The Leahy Amendment is part of U.S. foreign assistance legislation and states that the U.S. must review all credible evidence of human rights violations committed by foreign militaries and hold its foreign aid beneficiaries accountable to international law.

In Geneva, Ms. Patnaik explained that there are systemic flaws in U.S. implementation of both the Leahy Amendment, and the Department of State’s annual Country Reports on Human Rights Practices that prevent the government from effectively identifying and remedying gross human rights violations by countries receiving U.S. aid. Patnaik stated that multiple sources have provided credible evidence of a persistent pattern of human rights violations committed by the Israeli military. However, to date, the U.S. Department of State has not conducted an investigation under the Leahy Amendment into any Israeli military violations of human rights law.

Ms. Patnaik spoke, also, about the Corrie family’s ongoing efforts to seek accountability from Caterpillar, Inc. Katherine Gallagher, Senior Staff Attorney at the Center for Constitutional Rights (CCR), spoke about the U.S. justice system’s failure to hold corporations accountable for complicity in human rights violations. The CCR and the Ronald A. Peterson Law Clinic at Seattle University School of Law, filed suit against Caterpillar, Inc. on behalf of the Corries and Palestinian family members killed or injured with Caterpillar machines. Gallagher detailed ways that failure to monitor corporate involvement in human rights violations continues to undermine the U.S. commitment to international human rights law.

A high level U.S. delegation presented the U.S. UPR report on November 5th and answered questions from more than 50 nations about the U.S. human rights record. The delegation noted “President Obama’s and Secretary Clinton’s deep commitment to multilateral engagement, human rights, and the rule of law.” The U.S. delegation stated, “By admitting the possibility of imperfection, new opportunities to improve are revealed…” The delegation will return to the UN in March 2011 to discuss its efforts to address the 228 recommendations made during the UPR.

The Rachel Corrie Foundation applauds U.S. participation in the UPR and encourages the U.S. Government to fully comply with current laws governing foreign military assistance and the Congressional mandates for accurate and complete reporting of human rights violations in the annual Country Report on Human Rights Practices.

Filed Under: News and Updates Tagged With: United Nations, Universal Periodic Review, Winter 2010 Newsletter

Celebrating a Year of Pursuing Accountability

Posted on December 19, 2010

Craig and Cindy Corrie

Craig and Cindy Corrie

Dear Friends,

For the Rachel Corrie Foundation, 2010 has been marked by courageous pursuits of accountability. This work is supported by an expanding network of individuals and organizations standing together for justice, non-violence, and universal human rights in the Middle East. As we evaluate and look forward, we ask for your help.

On a personal level, the trial in Israel in Rachel’s case has been all-consuming. It is significant – because, as a civil case, it addresses the collective responsibility of the Israeli Ministry of Defense and State, rather than actions of strictly one or two lower-ranked soldiers. The Rachel Corrie Foundation continues to communicate and educate about the human rights implications of this legal effort.

In May and beyond, we followed the bold path of the Gaza flotilla, the Israeli military attack on the Mavi Marmara, and the determined journeys of the MV Rachel Corrie and Irene (the Jewish Gaza Boat) that followed. At great personal risk, courageous seafarers refused to accept the continuing intransigence of the Israeli Government toward Gaza and the unwillingness or inability of the U.S. and other world powers to improve the situation. From the week following the Mavi Marmara attack until after the MV Rachel Corrie sailed, we provided over 26 local, national, and international news interviews illuminating the Israeli blockade and siege of Gaza that drove the flotilla activists to sea. Based on our own experience and on the U.S.

The White House

The White House

Government position about the inadequacy of investigation in Rachel’s case, we wrote to U.N. Security Council members (including U.S. Ambassador, Susan Rice) and communicated in person with high ranking Obama administration officials about our lack of confidence in a U.S. supported Israeli investigation of the flotilla incident.

To encourage adherence to U.S. values and laws, we participated in the American Friends Service Committee’s Chicago Hearing on U.S. military aid to Israel and in the first ever U.N. Universal Periodic Review of the U.S. human rights record. We cited inadequacies and inconsistencies in application of U.S. law governing U.S. foreign military aid when evidence of human rights violations by aid recipients exists. Recently, when word leaked to the Israeli media about a halt in sales of Caterpillar D9 bulldozers and linked this to our trial in Israel, we joined efforts to gather thousands of signatures in support of a permanent halt to such sales until Israel demonstrates accountability for human rights violations committed with these machines.

In Olympia, the Rachel Corrie Foundation celebrated the Olympia-Rafah Solidarity Mural Project, an inspiring public representation of the power of our connections. We proudly supported the efforts of TESC Divest and Olympia BDS that resulted in passage of Evergreen State College student resolutions supporting a CAT-free campus and college divestment from corporations that aid the Israeli occupation, and a successful boycott of Israeli products at the Olympia Food Co-op.

What will 2011 bring? In Olympia, our Peace Works Conference, Solidarity in Action (April 8-9), will feature a keynote address from author and activist Alice Walker and emphasis on BDS and other strategies. We will focus on Gaza – expanding our connections, supporting grassroots efforts for women, children, and families, and providing water purification for a Rafah kindergarten.

Congressman Brian Baird

Congressman Brian Baird

Retiring Congressman Brian Baird, (WA-3) who visited Gaza four times since Operation Cast Lead, recently said of the ongoing Israeli blockade, “…from a humanitarian perspective, it’s a tragedy. From a legal perspective, it’s unlawful. And from a strategic perspective, it’s unwise.” The Congressman emphasized the importance of groups like RCF bringing our message to Congress. That message will become more powerful as we continue to network and partner wherever we can to most effectively impact U.S. and Israeli policy and to honor and advocate for the basic human rights of all in Israel/Palestine.

In our ongoing journey, it is a gift to find kindred spirits throughout the U.S., Israel, Palestine, and elsewhere, who share our hopes and nurture our efforts in so many different ways. Thank you for your invaluable support that makes each step we take possible. Despite disappointments on the national and international scene, we are all making a difference. This is a time to persist. During this month of giving, please share what you can with the Rachel Corrie Foundation. It continues to be the place where we dream about the possibilities that Rachel imagined and where we remember and try to emulate her spirit and creativity. Our small but committed staff and community of dedicated volunteers join us today in letting you know that your gifts inspire us. We are all grateful for whatever you are able to do to help.

Salaam, Shalom, and Peace, during this
holiday season,

Craig & Cindy Corrie

Filed Under: Cindy and Craig's Blog Tagged With: Brian Baird, Cindy & Craig, Freedom Flotilla, Olympia Food Co-Op, Olympia-Rafah Mural Project, United Nations, Winter 2010 Newsletter

UN Human Rights Council Calls On U.S. to Enforce “Leahy Amendment”

Posted on November 10, 2010

FOR IMMEDIATE RELEASE
November 10, 2010

Rachel Corrie Foundation Joins First-Ever U.S. Universal Periodic Review

UN Human Rights Council Calls On U.S. to Enforce Leahy Amendment

Gina Patnaik (third from left) represents Rachel Corrie Foundation in Geneva.

(Olympia, Washington) – The UN Human Rights Council in Geneva yesterday released its draft report on the first Universal Periodic Review (UPR) of the U.S. human rights record. The report called for greater transparency and accountability in U.S. foreign military aid and programs. On Thursday, November 4, Gina Patnaik spoke at UN headquarters in Geneva, representing the Rachel Corrie Foundation in a side panel to the U.S. review, and called upon the U.S. Government to enforce two existing mechanisms for monitoring human rights abuses – the “Leahy Amendment,” and the Country Reports on Human Rights Practices.

Last Friday, a high level delegation of the U.S. government presented the U.S. UPR report and answered questions from more than 50 nations about the U.S. human rights record. The U.S. delegation was led by Esther Brimmer, Assistant Secretary of State for International Organization Affairs; Harold Koh, Legal Adviser for the U.S. Department of State; and Michael Posner, Assistant Secretary of State for Democracy, Human Rights, and Labor. The delegation noted “President Obama’s and Secretary Clinton’s deep commitment to multilateral engagement, human rights, and the rule of law.” The U.S. delegation stated, “By admitting the possibility of imperfection, new opportunities to improve are revealed…”

The Universal Periodic Review was established by the UN General Assembly in 2006 to review human rights records of all 192 UN member states. Last April, the Rachel Corrie Foundation provided a submission for the review of the U.S. that focused on the following:

  1. Lack of U.S. investigation of alleged human rights abuses committed by recipients of U.S. military aid;
  2. Inconsistent application of U.S. laws that govern reporting of alleged human rights abuses by foreign militaries; and
  3. Funding of exports and training for foreign militaries when credible evidence exists that these militaries engage in human rights violations.

The draft U.S. UPR report includes a recommendation from Norway “that the model legal framework expressed by the Leahy laws be applied with respect to all countries receiving the US’s security assistance, and that the human rights records of all units receiving such assistance be documented, evaluated, made available and followed up upon in cases of abuse.”

The Leahy Amendment is part of U.S. foreign assistance legislation and states that the U.S. must review all credible evidence of gross human rights violations committed by foreign militaries. It requires the U.S. Government to withhold U.S. funding for foreign military units when credible evidence of gross human rights violations exists and until perpetrators are held accountable.

In Geneva, Ms. Patnaik explained that there are systemic flaws in U.S. implementation of both the “Leahy Amendment,” and the Department of State’s annual Country Reports on Human Rights Practices that prevent them from effectively identifying and remedying gross human rights violations. Patnaik stated that multiple sources have provided credible evidence of a persistent pattern of human rights violations committed by the Israeli military, including the killing and injury of international human rights monitors and Palestinian civilians, and demolition of civilian homes. However, to date, the U.S. Department of State has not conducted an investigation under the Leahy Amendment into any Israeli military violations of human rights law.

Ms. Patnaik asserted that inaccuracies and omissions in the U.S. Department of State’s annual Country Reports on Human Rights Practices compound gaps in U.S. monitoring of human rights practices. Using the Country Report’s account of Rachel Corrie’s killing as an index for larger concerns, Patnaik noted that the way the report is constructed shapes and limits the narrative available to the Department of State itself and to the U.S. Government at large, and undermines its own ability to identify and assess patterns of gross human rights violations as required under U.S. law.

Ms. Patnaik, a cousin of Rachel Corrie and PhD candidate at the University of California – Berkeley, spoke about the Corrie family’s ongoing efforts to seek accountability in the case of Rachel Corrie. The side panel discussed the role of the U.S. Government in oversight of corporations (such as Caterpillar, Inc.) that are complicit in human rights violations. It was convened by the International Federation of Human Rights, the Center for Constitutional Rights, and the Western Shoshone Defense Project.

Katherine Gallagher, Senior Staff Attorney at the Center for Constitutional Rights (CCR), spoke about the U.S. justice system’s failure to hold corporations accountable for complicity in human rights violations. CCR previously represented the Corries and four Palestinian families whose members were killed or injured in Israeli military operations using Caterpillar D9 bulldozers. In 2005, they filed a lawsuit against Caterpillar, Inc. charging that the company continued to sell its machines and services long after being on notice that these are used to commit human rights violations in the Occupied Territories. In a Ninth Circuit Court of Appeals decision to dismiss Corrie v. Caterpillar, the Court stated that it was unwilling to infringe upon the powers of the legislative and executive branches of the U.S. Government, which appropriate funds for Israeli purchase of Caterpillar D9 bulldozers through U.S. Foreign Military Financing. Gallagher detailed ways that failure to monitor corporate involvement in human rights violations continues to undermine the U.S. commitment to international human rights law.

The United States Government will return to the UN in March to discuss its efforts to address the 228 recommendations made during the UPR. The Rachel Corrie Foundation applauds U.S. participation in the UPR and encourages the U.S. Government to fully comply with current laws governing foreign military assistance and the Congressional mandates for accurate and complete reporting of human rights violations in the annual Country Report on Human Rights Practices.

The Rachel Corrie Foundation’s submission to the UPR process:
http://lib.ohchr.org/HRBodies/UPR/Documents/session9/US/RCF_RachelCorrieFoundation.pdf

The Center for Constitutional Rights’ joint submission to the UPR process:
http://ccrjustice.org/files/USUPR_CorpAcct_Final_All.pdf

Draft report on Universal Periodic Review of the U.S.:
http://lib.ohchr.org/HRBodies/UPR/Documents/session9/US/A_HRC_WG.6_9_L.9_USA.pdf

For press related inquiries and further information, please contact:
Rebecca Pilcher, [email protected]

Filed Under: News and Updates Tagged With: UN Human Rights Council, United Nations, Universal Periodic Review

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The Rachel Corrie Foundation for Peace & Justice
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  • RACHEL CORRIE
    • Rachel’s Emails from Palestine
    • Rachel’s Words in Print
    • Rachel Corrie Memorial Archive
    • The Rachel Corrie Court Trial
  • ABOUT RCF
    • Mission & Guiding Principles
    • Board of Directors & Staff
    • Employment Opportunities
    • Internship & Volunteer Opportunities
    • Contact Us
  • PROJECTS
    • A Tale of Two Cities: Olympia-Rafah Solidarity Mural Project
    • Gaza Projects
      • RCF Gaza Resource Page
      • Rachel Corrie Gaza Sport Initiative
      • Palestinian Cultural Palace – Youth Performances
    • Olympia Arab Festival
      • Shuruq 4.5 Olympia Arab Festival 2020
    • Peace Works
    • RCF Educational Scholarships
      • Birzeit University Women’s Scholarship
      • Rachel Corrie Memorial Scholarship
  • BDS
    • Palestinian Call for Boycott, Divestment & Sanctions
    • Protect Your Right to Boycott! Fight Back Against Anti-BDS Legislation
    • Get Involved!
  • EVENTS
  • WAYS TO GIVE