How political obstruction violates Beirut blast survivors’ right to truth, justice and reparations

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More than two years after the Beirut port blast devastated the capital, an official inquiry has ground to a halt amid political infighting and claims that corrupt officials are being protected from prosecution. (AFP)
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This photo taken on August 12, 2022 shows a part of the middle grain silos in the port of Beirut which collapsed that week following the damage caused by the August 4, 2020 massive explosion that hit the Lebanese harbor. (AFP)
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Relatives of victims of the 2020 Beirut port explosion clash with anti-riot police during a rally on Jan. 26, 2023 to support judge Tarek Bitar in investigating the disaster. (AFP)
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Relatives of victims of the 2020 Beirut port explosion, push against the entrance gate of the Palace of Justice in the Lebanese capital, during a rally on Jan. 26, 2023 to support judge Tarek Bitar in investigating the disaster. (AFP)
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Updated 05 February 2023

How political obstruction violates Beirut blast survivors’ right to truth, justice and reparations

  • Judiciary and politicians have accused Tarek Bitar of insubordination for resuming his inquiry after a 13-month hiatus 
  • For survivors and the families of those killed in the explosion, Judge Bitar’s fresh effort offers a glimmer of hope

DUBAI: When a massive explosion tore through the port of Beirut on Aug. 4, 2020, killing more than 215 people, Lebanese officials promised a swift investigation that would bring the culprits to justice within days.

Since then, the inquiry has repeatedly stalled, with its lead investigator Tarek Bitar accused of insubordination for resuming his probe into the blast and charging several top officials.

The blast, which devastated the port and surrounding districts, injuring more than 6,500 and displacing some 300,000, occurred when a large quantity of ammonium nitrate fertilizer, improperly stored in a warehouse since 2014, somehow caught fire.

Survivors, relatives of the victims and rights groups have blamed the disaster on a political class widely viewed as corrupt and inept. To date, no official has been held accountable.




Relatives of Brirut Port blast victims clash with police outside the Palace of Justice in Beirut. (AFP)

“The stuttering investigation into the 2020 Beirut port explosion had already demonstrated that the judiciary was a plaything in the hands of powerful figures, who could gleefully toss spanners into the legal works to hamstring procedures indefinitely,” broadcaster and political commentator Baria Alamuddin said in a recent op-ed for Arab News.

Bitar’s investigation was initially halted in December 2021 due to a ruling from the Court of Cassation. Three former cabinet ministers had filed court orders against him, while groups opposed to the inquiry, including the Iran-backed Hezbollah, accused him of bias.

Bitar was already the second judge to head the investigation following Judge Fadi Sawan’s removal. In December 2020, Sawan had charged former prime minister Hassan Diab — who had resigned in the explosion’s aftermath — and three former ministers with negligence.

However, Sawan was removed from the case after mounting political pressure, and the probe was suspended.

His successor, Bitar, also summoned Diab for questioning and asked parliament, without success, to lift the immunity of lawmakers who had served as ministers. The interior ministry also refused to execute arrest warrants, further undermining Bitar’s quest for accountability.

In October 2021, protests calling for Bitar’s removal were organized by Hezbollah and the Amal Movement, a Shiite political party headed by Nabih Berri, in the civil war-scarred Beirut neighborhood of Tayouneh.




A supporter of Hezbollah and the Amal movements carries a portrait of Judge Tarek Bitar during a rally in Beirut on October 14, 2021, to demand his dismissal. (AFP)

The protests quickly turned deadly when unidentified snipers opened fire on the crowd, killing seven civilians and injuring dozens in echoes of the 1975-90 civil war period. The gunmen were suspected members of the Lebanese Forces, a right-wing Christian party.

Given these tensions and hurdles, it took many by surprise when Bitar resumed his investigation on Jan. 23 after a 13-month hiatus, charging eight new suspects, including high-level security officials and Lebanon’s top prosecutor Ghassan Oueidat.

Bitar also charged former prime minister Diab, parliamentarian Ghazi Zaiter, former interior minister Nouhad Machnouk, Major General Abbas Ibrahim, former army commander Jean Kahwaji, and Major General Tony Saliba.

Oueidat responded by issuing a travel ban against Bitar, accusing him of “sedition” and of “acting without a mandate,” charging him with “rebelling against the judiciary.” He also issued an order releasing 17 suspects held in pretrial detention.




Lebanese protest in Beirut on January 28, 2023 to demand the removal and prosecution of top prosecutor Ghassan Oueidat. (AFP)

“Lebanon’s judiciary has become an object of ridicule, as judges leveled retaliatory charges against each other and arbitrarily ordered the releases of detainees,” said columnist Alamuddin.

“By filing charges against senior officials, Bitar is not an out-of-control judge. Rather he is signaling that the entire complicit, corrupt leadership deserves to be brought to account.”

The executive-judiciary squabble is a further test of Lebanon’s crumbling institutions. Wracked by financial crisis and political paralysis, its currency in free fall and thousands of professionals and young people fleeing the country, expectations are low.

Michael Young, editor of Diwan, a blog of the Carnegie Endowment for International Peace’s Middle East Program, and author of “Ghosts of Martyrs Square,” is convinced that Bitar will not be permitted to do his work properly.

“We have to understand that there are two steps in this process,” he told Arab News. “If Bitar invites someone, it’s going to be very difficult if not impossible for him to force the people he wants to investigate to sit for their interviews.

“The police will not do anything about it because the interior ministry in its turn will not implement anything. The judicial police is controlled by the public prosecutor Oueidat, and he’s made it clear that he will not order the implementation of any decisions.

“The ability of Bitar to do his job properly is going to be, in my opinion, impossible. His investigation is technically blocked.”

Why Bitar chose to resume his inquiry now remains unclear. But for survivors and the families of those killed in the blast, his return offers a glimmer of hope.

“It was time for Judge Bitar to resume his work. The truth has to come out at some point and I think what Judge Ghassan Oueidat did by defying Judge Bitar is strengthening his will to uncover the truth,” Tatiana Hasrouty, who lost her father Ghassan Hasrouty in the blast, told Arab News.




Lebanese protesters demand during a rally in Beirut on Jan. 28. 2023 that top prosecutor Ghassan Oueidat be discharged and held accountable for the 2020 port blast. (AFP)

“I believe in Judge Bitar, not as a person, but rather as the judge who is in charge of investigating this crime and is working on uncovering the truth and upholding the rule of law. He is challenging the culture of impunity we, the Lebanese, have inherited by summoning politicians and high officials.” 

Bitar, who was first appointed as lead investigator in February 2021, was seen by many Lebanese as an impartial and honest judge.

The 49-year-old Christian, who hails from the country’s north, rarely appears in public or speaks to the press, and is known to have a clean reputation and no political affiliations, a rarity in such a deeply sectarian country.

“Bitar is disconcerting for the corrupt ruling classes because he doesn’t follow their rules,” Alamuddin said in her Arab News op-ed. “He declines invitations to social occasions to avoid perceptions of influence, and doesn’t accept calls from those seeking favors.”

In a recent sermon, influential Maronite Patriarch Beshara Al-Rahi voiced his support for Bitar, urging him to “continue his work,” despite the “unacceptable” judicial and political pushback.




Maronite Patriarch Bechara Al-Rahi. (AFP)

“The meetings of the judicial bodies are witnessing a lack of quorum with judges and public prosecutors defying the Higher Judicial Council and its head and refraining from attending the meetings,” he said.

“We will not allow the port crime to go without punishment, no matter how much time passes and how many rulers change.”

Al-Rahi, who is patriarch of the largest Christian community in the country, also called on Bitar to seek the help and assistance of any international authority that might aid him in uncovering the truth.

Human Rights Watch and Amnesty International have called on the UN Human Rights Council to “urgently pass a resolution to create an impartial fact-finding mission” into the port explosion.

“The Lebanese authorities have repeatedly obstructed the domestic investigation into the explosion,” they said in a joint statement.

In Lebanon’s fraught political climate, the chances of obtaining justice for the port blast’s survivors and the families of those killed appear low.

“We understood from the beginning that the political class does not want the investigation to go through to the extent that they are even willing — as we saw in the Tayouneh incident over a year ago — to risk sectarian conflict to do so,” Diwan editor Young told Arab News.

“They will not implement the rule of law. It is missing anyway in Lebanon today. They do not care about the consequences of having no rule of law.”

However, Hasrouty, who has used social media to express sorrow and anger over the loss of her father, says that regardless of what Lebanese politicians and officials do, she will not give up hope.

“The truth scares the ruling elite but this is why we will pursue it till the end,” she said. “They are scared of the power that the families and public now hold.”

 

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  • Education Minister Mohamed Ali Boughdiri told local radio he had alerted Prime Minister Nalja Bouden

TUNIS: Tunisia’s education minister has lashed out at a Ramadan TV series accused of tarnishing the reputation of schools, while two lawyers launched a bid to take it off the air.
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The Syrian Observatory for Human Rights, a Britain-based monitor with a wide network of sources on the ground in the war-torn country, said 11 people had been killed by US strikes, including two Syrians.
“US strikes targeted a weapons depots inside Deir Ezzor city, killing six pro-Iran fighters, and two other fighters were killed by strikes targeting the desert of Al-Mayadin, and three others near Albu Kamal,” said the Observatory’s head Rami Abdel Rahman.
The United States deploys about 900 troops in bases and posts across northeastern Syria as part of the international coalition fighting remnants of the Daesh group.
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Male guardianship rules in north Yemen restrict women’s aid work

Updated 24 March 2023

Male guardianship rules in north Yemen restrict women’s aid work

  • Conflict divided country between Houthis in north and UN-recognized government in south

DUBAI: Female aid workers in north Yemen cannot do their jobs tackling one of the world’s worst humanitarian crises as tightening male guardianship rules by Houthi authorities restrict their movement, nine female humanitarians have revealed.

When women refuse to take a guardian, they cannot travel to oversee aid projects, collect data and deliver health and other services. When women do take one, gender-sensitive work is difficult and aid budgets must bear extra costs.

One health project manager normally conducts 15-20 visits a year to projects around the country but said she has not made any since the rules requiring Yemeni female aid workers be accompanied by a close male relative — a “mahram” in Arabic — came out a year ago.

“I don’t have a lot of men in my family,” she said, adding that some women struggle to find willing guardians because relatives are against her working. “Sometimes a woman works without informing someone in her family.” She improvises with video calls, but knows other women have lost jobs because they cannot work effectively.

Yemen’s conflict has divided the country between the Houthis in north Yemen and an internationally recognized government in the south.

The conflict has wrecked the economy and destroyed the health system, leaving two-thirds of Yemen’s 30 million population in need of humanitarian assistance. Aid groups say female-headed households are more vulnerable to food insecurity and difficulties accessing aid.

Without female staff in the field, aid groups say they have trouble doing things as simple as identification checks on women, who may need to lift their face veils, to distribute food aid.

“Mahram requirements are making it even more challenging for humanitarian interventions to reach the most marginalized female program participants,” said one representative of an NGO that works on nutrition and sanitation.

For the past year female Yemeni aid workers have had to take a mahram when crossing provincial borders controlled by the Houthi group, a religious, political and military movement that controls north Yemen. In four provinces, they even need a guardian to move within the province.

“Female (Yemeni) staff have not been able to work outside our offices for almost two years which is catastrophic for their development, morale, motivation and also most obviously for us reaching women and girls in the field in a culturally sensitive way,” said an employee of another NGO, describing the situation in some areas.

Project quality in the NGO’s work on food and health provision has been “very damaged,” she said.

The women all requested anonymity due to safety fears.

A spokesman for the Houthis’ aid coordination body SCMCHA said they supported aid delivery, but organizations should respect traditions.

“Mahram is a religious Islamic obligation and a belief culture ... Why do organizations put up obstacles to Islamic teachings and Yemeni culture?” he said.

The Houthis have increasingly promoted conservative social values since ousting the government from the capital, Sanaa, in late 2014.

Movement restrictions increased ad hoc before becoming more systematic and targeting aid workers with mahram requirements.

The UN and governments including the US say the restrictions impact women’s ability to participate in public and political life and must stop.

In protest, most international NGOs have refused to include guardians when applying for aid work travel permits — resulting in those permits being declined. NGOs have also suspended travel on UN flights from Sanaa in protest.

“This smothering rule gives men power over women’s lives and is an unacceptable form of gender-based discrimination,” Amnesty International said.

Yemeni law does not impose male guardianship rules, and authorities in the south do not impose them.

“We want to achieve more, to be stronger, more independent. But they restrict that,” said one city-based aid worker who cannot monitor distant projects due to a lack of male relatives.

While humanitarians are the main target of mahram rules, directives requesting car hire and transport companies ensure mahram compliance extended it to all women – although these are less strictly applied.

“If women have to travel without a mahram, they are detained at checkpoints and kept until a male guardian arrives,” another aid worker said.

The women described taking boy relatives out of school, driving sick relatives around to ensure a man in the car, and last minute meeting cancellations.

“You have the burden to pay for your relative. To pay for accommodation, transportation, food ... It is not cost effective for us or for donors,” said a health worker.