Protest Against Marielle Franco's murder, in Rio de Janeiro on 15 March 15, 2018. Image: Thiago Dinz Favela em Foco. All Rights Reserved.
On March 14th, less than a month
into a federal military intervention that is supposed to fix the security
crisis in the state of Rio de Janeiro, the brutal assassination of a Rio de
Janeiro’s Councilwoman, Marielle Franco, has dragged new actors into an already
intricate political situation – and this time they are international. The
United Nations (UN), which had already been expressing concerns about the unfolding political
situation, may now dive into the story head first.
The case of Marielle meets all the criteria
for setting the UN machinery in motion. Politically, the great commotion that
the story of Marielle’s murder generated nationally in Brazil earned it
international political attention, including that of the UN, an organization
that strategically chooses to focus its work on emblematic cases that can serve
as examples of the fight for human rights around the world. Technically, the
history of other recent similar cases killings in Brazil, the profile of the
victim, the circumstances of the crime, its modus operandi and the allegations
of people close to the victim should, in theory, be sufficient in order for the
case to be picked up by the UN.
Tragedies often unite people which is what the
whole world witnessed on Thursday morning after Marielle’s assassination by a
sanctioned death squad: a divided country momentarily united by mourning. From
the President to mainstream media; from social networks to political parties;
grief was universal. Even those who were silent spoke to Marielle.
International media, governments, and activists around the world reacted by
relaying a message of solidarity. For a moment, because of Marielle, Brazil
stood united in the eyes of the world.
In less than 24 hours, the case of the
Councilwoman of Rio de Janeiro had already gone around the Earth. The UN and
the Organization of American States (OAS) issued
communiqués. International Amnesty and Human Rights Watch – international NGOs with
headquarters in Brazil – issued condemnations. European parliamentarians politicized the case in
the negotiations with Mercosur, and public demonstrations were organized in
various capitals around the globe. In New York, Marielle was remembered during a UN event. The story is now
global. We must understand the dimension the case is taking; and how the case can
develop from now on, inside and outside Brazil.
Marielle’s murder also drew the attention of
the Geneva-based UN body that monitors the human rights situation around the
world and, if necessary, seeks to act on them. The United Nations High Commissioner for Human Rights
now has autonomous 51 Special Rapporteurs, Representatives, and Experts – even
though they might complement each other’s work. The rapporteurs cover a wide
range of topics, such as freedom of expression, human rights defenders, racism,
violence against women and extrajudicial executions. Often, rapporteurs work
together on the same case. Due to limited financial and human resources, and time,
researchers seek to select with discretion the cases on which they will dwell
into. Therefore, it seems natural to ask ourselves: among so many topics and
rapporteurs, how do they define who pursues what? In the case of the Special
Rapporteur on extrajudicial, summary or arbitrary executions, Agnès Callamard
there are clues as to whether and how the Marielle case fits into her scope of
work.
According to Callamard, "murders that may
have been politically motivated or whose mastermind may be close to public
officials" fit the definition of extrajudicial killings. An extrajudicial
execution is a murder committed by a public agent outside any due process but
motivated by a state agenda.
The report's mandate has grown in scope over
the past 20 years and is currently aimed at monitoring and reporting situations
where there are allegations or evidence of arbitrary deprivation of life.
Thematic reports are presented to the Human Rights Council in Geneva and to the
3rd Committee of the UN General Assembly in New York. Also, without necessarily
visiting the country, the Special Rapporteur may issue communications to
governments expressing concern about the situations identified, and
transmitting their recommendations.
The expected result of this action is to
establish a dialogue with the State in its multiple spheres, as well as with
civil society actors, who are also expected to participate actively in the
process of adopting the agreed preventive measures. There is, therefore, an
increase in transparency, legitimacy and, hence, the effectiveness of human
rights and public security policies.
Although there is a very limited definition
for cases where the UN rapporteur can act, this is not enough to explain the
growing interest in Marielle's death.
Indeed, Callamard is emphatic in saying that
she cannot comment on the specific case of Marielle Franco and Anderson Gomes.
On the one hand, because it is still too early to issue any judgment once the
pieces of the puzzle continue to arrive in New York. On the other hand, the UN
internal protocol is clear: the Rapporteur must communicate the country in
question before issuing any public opinion.
That being said, what makes cases similar to
Marielle's jump on the rapporteur’s radar? Two things: the global repercussion
and the reaction of public opinion. Take, for example, the two recent murders
of journalists in Europe, one in Slovakia and another in Malta. In both cases, the immense international
commotion resulted in a large number of requests for the Office of the High
Commissioner for Human Rights to step in, which, although not necessarily
decisive, certainly contributed to creating the pressure that led to the
outcome with the punishment of those involved – and in the Slovak case, the
resignation of the president.
Still, it remains to be asked why other cases
of murder that occurred on the same night as Marielle’s have not been taken
into account? "I do not think that
criticism should be overlooked," says Callamard, "but I must remind
you of the history and nature of my mandate. That is crimes that were committed
on behalf of the state, by state agents to implement state policy. Secondly, a
traditional reading of human rights prioritizes killings where the
responsibility of the State and its failure to respect the right to life can be
demonstrated. I'm not saying that's what happened in this case [Marielle].
Thirdly, one must consider the identity of the victim and understand why that
particular murder would have been prioritized. This does not mean that some
people's lives are more important than others, but that the death of some
people may have more social impact than others; particularly when individuals
occupy public roles and when they represent a large number of constituents,
when they represent those historically absent from public space, when they are
elected politicians, journalists or are human rights activists. In short, all
those individuals present in the public sphere who exercise the social role of
informing the public, defending it and reporting to it, if those individuals
are killed it will very likely catch my attention and other human rights
people.", concludes Callamard.
Unfortunately, if it is proven that this is
the case for Marielle, she will be part of a perverse statistic of killings of
human rights activists. According to the Front Line Defenders report, in 2017 alone, 312
activists were murdered in 27 countries. In 84% of cases, the victims received
at least one death threat. Until last January, only 12% of the cases resulted
in the arrest of the suspects. More is the information that 80% of these
murders occurred in Brazil, Colombia, Mexico and the Philippines.
It seems likely that the Brazilian government
will soon receive an official communiqué from Callamard's office and other
rapporteurs of the High Commissariat. If that happens, it will not be an
exception. In the last 16 months, Callamard herself has issued five letters to
the Brazilian government regarding other episodes in the country. One letter, for example, refers to the wave of
killings that struck the state of Espírito Santo during February 2017. Other
letters, signed by multiple UN rapporteurs, concerns the murder of 11 peasants in the state of Pará, an alert on the
situation of threat to activists around Brazil, the murder of five children in the slums of Rio de Janeiro
in the context of a military anti-drug operation, and the death threats of at
least six activists in the state of Minas Gerais.
Unlike most of the countries with which
Callamard communicates with, the Rapporteur acknowledges that "Brazil
tends to respond to all the letters I send; and usually provides more information
about the cases, as well as explaining the steps they are taking. Not all
governments are so diligent. "
The fact is that the human rights crisis is
global. According to the UN database, in the last 16 months, Agnès Callamard
has held 133 posts to 50 countries on all continents. Of the five countries
that received the most notifications in addition to Iran, the Philippines,
Bahrain, and Pakistan, the United States stands out in third place. Asked about
selection criteria or whether she also acts on the so-called developed
countries, the rapporteur replies: "Absolutely … I sent communications
to the United States, United Kingdom, and France about murders committed by the
police or committed during custody. Like my predecessors, I also sent letters
to the United States regarding the use of drones for ‘targeted killings.' These
killings are extraterritorial, but the responsibility is usually from countries
in the Global North. (…) I was recently in Italy and Belgium discussing the
murder of migrants."
***
One thing is sure; the success of the
investigation into Marielle’s case depends on domestic and international
pressure; and will require dialogue between different sectors of the Brazilian
state and society. The case has gained international prominence and will
probably be politicized, as it is usual with all human rights issues.
Governments, organizations and the international public opinion were captivated
by the story of this young black activist, of humble origin who was, most
likely because of her political activity, brutally murdered. If every crisis is
an opportunity, this an opportunity for Brazil to show what it stands for.
Thanks to Marielle, the whole world now follows the dramatic situation of the
federal military intervention in Rio de Janeiro. Today, Marielle is as big as
the entire world.
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This article was also published by Brazil Talk