http://www.newstatesman.com/print/200901150023
Closing Guantanamo won't be enough

Sigrid Rausing <http://www.newstatesman.com/print/200901150023#>

Published 15 January 2009

Obama and human rights

How to handle the legacy of torture handed down by the Bush administration
will be one of the most important tasks of the Obama presidency. The
president-elect has made his opposition to torture clear. He must issue
immediate executive orders to ban it, together with all cruel, inhuman or
degrading treatments of detainees, and demand full compliance with the
Geneva Conventions and Convention Against Torture from all agencies. That,
presumably, he will do. But what next?

The incoming administration has already made noises about the importance of
unity and of moving forward, and expressed a reluctance to engage in
criminal trials. The Senate committee on armed services report of December
2008, on the other hand, has already made a case for bringing criminal
charges against Donald Rumsfeld, William Haynes, Alberto Gonzales, David
Addington and others, and there is some pressure from the human rights lobby
for judicial action.

President Obama might instead consider appointing an independent truth
commission, with full access to all relevant material. Such a process,
involving public testimony from perpetrators and victims, with immunity
granted in return for full disclosure, is a powerful social tool. The Truth
and Reconciliation Commission in South Africa, for example, led to
disclosures about torture, deaths in detention and political persecution.

Truth commissions have been set up in at least 23 countries, all based on
the theme of public acknowledgement, testimony and closure. Some worked
better than others. Bolivia's National Commission of Inquiry into
Disappearances (1982) arguably failed, disbanding without a final report.
Argentina's National Commission on the Disappeared (1983), on the other
hand, had a profoundly healing effect. No one would want to suggest that the
abuses of the Bush administration were comparable with Bolivia's or
Argentina's, but the global scale of the war on terror, and the ease with
which the executive branch of the administration assumed excessive powers,
justify a commission to record and understand (rather than debate or
litigate) the wider effects of the politics of fear after 11 September 2001.

The Bush administration's support for torture has not been the only human
rights concern of the past eight years, however. Here are some other
suggestions for the new president.

The International Criminal Court must receive full American support. In May
2002 George W Bush withdrew from the Rome Statute, which created the court.
This should be re-ratified, and support should be given to the ICC
prosecutor in the case against those who have ultimate responsibility for
the atrocities in Darfur.

The Genocide Prevention Task Force, chaired by Madeleine Albright and
William Cohen, last month issued a report with 34 recommendations for the
prevention of genocide. President Obama should implement these
recommendations.

America has declined to ratify several important international law treaties,
including the American Convention on Human Rights, the UN Convention on the
Elimination of All Forms of Discrimination Against Women and the Convention
on the Rights of the Child. They should all be ratified, along with the two
new treaties, the Convention on Disability Rights and the Convention Against
Enforced Disappearance. The UN has been undermined by the US for years:
Barack Obama should begin a new era of co-operation.

Closing Guantanamo is not enough. Obama was voted in with the promise of
change: uncovering the quasi-legal landscape of detention, rendition and
torture is both the right and the politically expedient thing to do. Human
rights principles and realpolitik rarely converge: when they do, politicians
should grab the opportunity with both hands.

*Sigrid Rausing is a publisher and philanthropist*

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