This weekly electronic newsletter is researched and written by students in Professor Rachel Taylor's Contemporary Issues in Human Rights class. The contributors read widely in their areas of focus and choose the week's most important human rights stories to highlight. Information in the write-ups comes from the sources provided and has not been independently verified.
Minority Rights | Counterterrorism and Human Rights | Freedom of Expression
Human Rights Defenders | Corporations and Human Rights | Human Trafficking
International Criminal Law | UN Human Rights Mechanisms | Women's Rights
Human Rights in Europe | Human Rights in the Middle East
Human Rights in Africa | Human Rights in the Americas | Human Rights in Asia
Thematic Roundup
Minority Rights
by Tiphanie Miller
Peruvian Government Must Take Action to Protect Indigenous Amazon Tribes
The Inter-American Commission on Human Rights, bypassing its normal procedures for emergency situations, ordered Peru to take steps to protect four indigenous tribes living in voluntary isolation in the Amazon. Although the Peruvian government has set up reservations within the forest for these tribes, threats from illegal loggers remain unchecked by the government, and the tribes are being forced deeper into the jungle. Indigenous leaders say that while some loggers have been killed in confrontations with the tribes, more of the tribe members have died through enslavement, violence, or disease. The Inter-American Commission has given Peru two weeks to put in place mechanisms to protect the tribes before it permits economic sanctions against the government. Leaders in the U.S. Congress have said that Peru must grapple with its human rights issues before the United States can agree to a free trade commitment with the country. (See this news article from the BBC, as well as this BBC article on Brazil’s plan to protect its indigenous populations from illegal logging.)
UN Experts Call on the Government of Myanmar to Protect its Muslim Minority
Since the passage of Myanmar's Citizenship Law in 1982, members of the Muslim minority living in the country's North Rakhine state have been denied citizenship, serisously abrogating their civil, political, social, and cultural rights, and leading to an increased number of refugees to bordering countries. Six UN human rights experts, including the Special Rapporteur on the situation of human rights in Myanmar, Paulo Sergio Pinheiro, and the Independent Expert on minority issues, Gay McDougall, issued a statement urging the government of Myanmar to take steps to ensure compliance with the state’s international human rights obligations, including those under the Convention on the Elimination of All Forms of Racial Discrimination, by amending or repealing the Citizenship Law. (See this article from the UN News Centre and the text of the Special Rapporteurs' statement.)
Pakistani “Brothel Woman” Released
A woman accused of owning a brothel was held captive by a group of militant students from an Islamabad madrassa; only after she was forced to publicly confess and repent was she released. The lack of police efforts to rescue the woman, who was held with her two sisters and two female police officers, raises concerns among many liberal Pakistanis that the government is increasingly willing to bend to the will and accommodate the demands of extremist madrassa groups, especially those that insist on Taliban-like restrictions on the political and social rights of women. (See this article from the BBC.)
Counterterrorism and Human Rights
by Joseph Sant
Human Rights Watch Releases Report on US Extraordinary Rendition to Russia
In a report released on March 29, Human Rights Watch documents the experience of seven prisoners sent by the US government from Guantanamo Bay to Russia where they faced torture and other abuse. The US had secured “diplomatic assurances” from the Russian government that the released prisoners would be treated humanely. In spite of this, three of the released prisoners experienced serious torture and ill-treatment, two were convicted after unfair trials, and all were harassed by law enforcement. Human Rights Watch asserts that “extraordinary rendition” -- the practice of deporting individuals to countries where they may face torture -- is a violation of the Convention Against Torture to which the United States is a party.
US Supreme Court Refuses to Hear Guantanamo Cases
The Supreme Court decided on April 2 not to grant certiorari in two cases in which petitioners, who are being held at Guantanamo, have sought to challenge the their detention within the federal court system. The court noted that the petitioners have not exhausted their remedies because they are still entitled to have their “enemy combatant” status determinations reviewed by a procedure set up by the 2005 Detainee Treatment Act (DTA). Three dissenting justices argued that the cases should be heard now because the DTA remedies are not adequate and therefore need not be exhausted. It is possible that these cases will eventually reach the Supreme Court after the DTA remedies are exhausted by petitioners. However, groups like Human Rights First are criticizing the denial of certiorari as “justice delayed, and justice denied.” (See this article from the New York Times, the Supreme Court's statement denying certiorari (including the dissent), and Human Rights First's press release.)
Convicted Terror Detainee Agrees to Gag Order Against Alleging Torture
As part of his plea agreement before a military commission, Australian David Hicks, who has been detained at Guantanamo for more than five years, will be required to abide by several conditions in addition to his seven-year sentence. According to the agreement, he will not speak to the media for a year after his release. He is also required to state that he has never been mistreated at Guantanamo and that his detention was lawful pursuant to the law of armed conflict. In the past, Hicks has alleged abuse while in U.S. custody. The Center for Constitutional Rights, which represented Hicks before the Supreme Court years ago, criticized the deal as an attempt to “silence criticism and keep the facts of torture and abuse of detainees from the public.” (See this report from the Center for Constitutional Rights.)
Freedom of Expression
by Kartik Sharma
The Human Rights Council Pits Freedom of Expression against Respect for Religion
Geneva: On March 30, 2007 the UN Human Rights Council passed a resolution urging a global ban on the “defamation of religion.” The measure was proposed by the Organization of Islamic Conference and is fashioned as a response to the “campaign” against Islam and the perceived association of Muslims with terrorism; it passed with a 24-14 vote. The measure was opposed by European countries on the Council as well as NGOs like Human Rights Watch, who said it was contrary to freedom of expression and tantamount to a call for an international anti-blasphemy law. (See this summary of the 4th session of the Human Rights Council, this Associated Press Story at Forbes.com, and this Reuters story at Yahoo News.)
Vietnamese Priest Jailed for Publishing Dissident Journal
Hue: Father Nguyen Van Ly, a Vietnamese priest and editor of Tu do Ngôn luan, a dissident publication, was found guilty on March 30, 2007, of “Propaganda against the Socialist Republic” and sentenced to eight years in prison. His co-defendants, who helped him to produce the journal, received lesser sentences ranging from 18 months to 6 years. Van Ly is a veteran campaigner for freedom of religion issues in Vietnam and has already spent 14 of the last 24 years in jail for protesting the repressive practices of the Communist State. (See this press release from Reporters without Borders, this article from the BBC, and this article from the Financial Times.)
Moldovan Police Crack Down on Protestors and Media in Double Whammy Raid
Chisinau: In the run-up to local elections, Moldovan police arrested a small group of pro-Romanian protestors who were expressing their views by placing flowers on the grave of a World War I hero remembered for advocating unification with Romania. Not content with merely clamping down on the protesters, the police sought to suppress all traces of the incident by arresting two TV crews covering the protest and erasing their videotapes with magnets. The incident was condemned by the country’s parliament but is indicative of draconian media practices employed by the government. Formerly known as Bessarabia, Moldova was a province shared by Russia and Romania and is now “hypersensitive” to calls that it relinquish sovereignty to either Moscow or Bucharest. (See these articles from the Trend News Agency and Journalo.)
Human Rights Defenders
by Venir Cuyco
Protest Rally Dispersed, Protesters Arrested in Nizhny Novgorod, Russia
On March 24, 2007, police dispersed a protest rally dubbed “March of Dissent” in Nizhny Novgorod, Russia’s third largest city, according to a report by RIA Novosti. About 30 protesters were arrested and detained by the police. The protest followed a March 22 police raid on the office of the Nizhny Novgorod Foundation to Support Tolerance; the foundation's leaders, Stanislav Dmitrievsky and Oksana Chelysheva, were harassed for exposing violations of human rights in connection with the conflict in Chechnya. In addition, leaders of human rights organizations have been subjected to heavy police surveillance and unannounced “visits” in an effort to pressure them to stop their human rights activities. A new, repressive Russian law on associations caused the closure last year of a human rights organization, the Russian Chechen Friendship Society. This closure was upheld by the Supreme Court of the Russian Federation on January 23, 2007. These violations, according to a news release from Human Rights First, are inconsistent with Russia’s international human rights obligations.
Well-Known Human Rights Defender Killed Amidst Conflict in Somalia
Amidst the escalating violence in Mogadishu in the past three months, Amnesty International reported that a well-known Somali human rights defender was shot dead in the early evening of March 14, 2007. Isse Abdi Isse, founder and director of KISIMA Peace and Development Organization, was murdered while attending a UNICEF-sponsored conference on psycho-social support for children affected by civil war, drought, and floods. Even as he was known to have had no political or clan leanings, Isse Abdi Isse had received threats from unidentified sources for his vigorous human rights defense work. He actively led KISIMA in its humanitarian and human rights advocacy work focusing on peace-building and reconciliation, particularly on behalf of internally-displaced persons, women, minorities, and drought and flood victims. In the wake of his death, Amnesty International called on both sides of the conflict to observe international humanitarian law and human rights. AI also called on the African Union and the United Nations to ensure that peace-keeping operations in Somalia have a strong human rights mandate, including the protection of human rights defenders. For its part, Front Line, an organization that dubs itself the defenders of human rights defenders, called on Somali authorities to investigate the killing of Isse Abdi Isse and conduct an independent inquiry into all alleged extrajudicial killings in Somalia. The UN High Commissioner for Human Rights also condemned the killing.
Special Rapporteur Reports to Human Rights Council on Extrajudicial Killings in the Philippines
(This is a follow-up to the report on extrajudicial killings in the Philippines posted on March 21.) Philip Alston, the UN Special Rapporteur on extrajudicial killings, submitted his preliminary note on his visit to the Philippines to the Human Rights Council on March 27, 2007. Alston’s visit was prompted by reports of large numbers of extrajudicial killings of leftist activists and journalists over the last six years. In his preliminary report, Alston warned of the dire consequences of the Philippine government’s failure to end extrajudicial killings. He also doubted the Philippine government’s sincerity in responding to the significant number of killings attributed to the military. The Philippine government’s representative to the Human Rights Council justified his government’s passivity in the face of the killings by pointing to the alleged independent role of the prosecutor under the Philippine criminal justice system. (See ReliefWeb for a comprehensive report on the proceedings of the Human Rights Council and Inquirer.net for a report on the Philippine reaction to Alston’s report.)
Corporations and Human Rights
by Eric Rahn
International and Non-Governmental Organizations: Group of Leading NGOs Outline Concerns About Business Community Before UN Human Rights Council
Several NGOs, at the request of the UN Human Rights Council, recently released a statement calling upon the Council to do more to protect victims of human rights abuses committed by the business community. The joint statement -- authored by Amnesty International, Human Rights Watch, International Federation for Human Rights, International Commission of Jurists, and ESCR-Net -- outlined three points. First, the statement called for an increased recognition that the greatly expanding global market needs be met with expanded protections of human rights. Second, and more specifically, the statement expressed concern that neither the nations in which corporations are operating nor the nations in which violators are incorporated have provided adequate legal safeguards. Finally, the statement noted that the voluntary compliance systems currently in place suffer from major weaknesses, including “limited coverage in terms of companies and rights, lack of robust reporting or monitoring criteria to demonstrate compliance, absence of mechanisms to address non-compliance and failure to address the problem of laggard companies who persist in their unwillingness to respect human rights.” The statement ended by beseeching the Special Representative to the Secretary General on Business and Human Rights to better incorporate the perspective of victims to better fulfill his mandate. (See this statement from Human Rights Watch.)
Corporations Behaving Badly: Iraqis File Lawsuit Against Pharmaceutical Companies over HIV-Contaminated Blood
The Iraqi Red Crescent Society (IRCS) will begin court proceedings on April 8 in a lawsuit against the U.S.-based Baxter International and the French-based Sanofil-Aventis on behalf of 238 AIDS victims who allegedly contracted the disease through contact with contaminated blood. The suit alleges that in the mid-1980’s, blood sold to treat Iraqi hemophiliacs by the French company Merieux and the Austrian company Immuno AG – since acquired by Sanofil-Aventis and Baxter International, respectively – was contaminated with HIV. Already, 199 of the victims have died. The lawsuit, which also includes the Iraqi Ministry of Health as a defendant because of its involvement in purchasing the blood for treatment, will seek damages of $238 million, or $1 million for each known victim of the contaminated blood. Previously, Baxter agreed to a $640 million settlement in a case involving similar allegations on behalf of 6,000 U.S. patients. Sanofi-Aventis recently offered to settle for $5,000 - $25,000 per patient, but the IRCS rejected the offer outright as clearly insufficient to cover medical expenses, asking, “Only 5,000? Is this what a patient is worth because he is Iraqi?" (See these stories from AFP and the Kaiser Family Foundation.)
Furthering a Human Rights Culture: Sustainable Banking Awards Nominees Announced in Advance of Upcoming Conference
For the second year in a row, the Financial Times (FT) and the International Financial Corporation (IFC), the private sector “arm” of the World Bank Group, have announced their short list of financial institutions nominated for their Sustainable Banking Awards. The award winners – in the five categories of Sustainable Bank of the Year, Emerging Markets Sustainable Bank of the Year, Sustainable Bankers of the Year, Sustainable Deal of the Year and Achievement in Carbon Finance – will be announced in London on June 7 at the Sustainable Banking Conference. The Financial Times saw a huge increase in both the number and diversity of banks submitting entries for the awards after the success of the inaugural conference and awards program last year. “It is good to see entries coming from banks in the emerging markets in particular,” said Lars Thunell, head of IFC. “Banks around the world are using sustainable finance to create value for their customers, shareholders, employees, and the broader community.” (See this Financial Times press release and this CSR Wire story.)
Human Trafficking
by Sarah Yeomans
Turkey to Host 4-Nation Meeting to Fight Human Trafficking
On April 25, 2007, the interior ministers of Turkey, Iran, Greece, and Pakistan will meet in Ankara to discuss joint solutions to combat human trafficking. Turkey’s Interior Minister met with his Pakistani counterpart on Friday, March 31, to discuss joint efforts to tackle terrorism and human trafficking. Turkey and Pakistan have signed three agreements in this regard, including one to train each other’s security personnel in preventing human trafficking during the bilateral meeting. Previous cooperation efforts between the two countries have already resulted in a 60 percent decline in trafficking to Turkey. This success spurred the decision to hold a four country meeting. (See these articles from the Islamic Republic News Agency and The News.)
Texas Proposes Bills to Help Fight Human Trafficking
Six new state bills have been proposed by Texas State Senator Leticia Van de Putte and State Representative Senfronia Thompson to help combat human trafficking in Texas. Experts estimate that 20-25% of all human trafficking cases in the United States originate in Texas. The new bills would strengthen the existing 2003 law by allowing area District Attorney Offices to prosecute human trafficking cases, and provide more money for training Texas police officers. Currently most cases that originate in Texas are sent to the federal government. (See these articles from the Herald Democrat and KWTX.)
Police Officers in Thailand Arrested for Human Trafficking
A police officer from Thailand's Tak province was arrested on charges of human trafficking.
The police officer, Lek Lohawech, was arrested on the same charge earlier this year but was eventually acquitted. The head police office has asked for Lohawech's temporary resignation while the crime is investigated. Lohawech was found with 21 illegal immigrant adults in trucks believed to be headed to Bangkok. On March 19, a police major from Karnjanaburi province was also arrested on human trafficking charges. (See this article from the Pattaya Daily News.)
International Criminal Law: Litigation Update
by Xander A. Meise
ICTY: Judge Looses Patience with Defendant’s Refusal to Choose Appeal Counsel
Former Bosnian Serb politician Momnilo Krajisnik is still refusing to choose counsel for his appeal. His judge, growing impatient, ordered him to choose counsel prior to the next hearing in April. Krajisnik fired his prior counsel and has refused to work with the appointed replacement, Colin Nicholls, even though Nicholls is the attorney who filed his appeal. Rather than Nicholls, Krajisnik wanted former O.J. Simpson attorney Alan Dershowitz. Dershowitz had expressed interest in the case in the past, but as of January he “wasn’t prepared to take it on.” Krajisnik insists Dershowitz’s reason for turning him down is a matter of funding. Krajisnik says that without Dershowitz he would rather represent himself. Concerned by the lack of professional defense counsel, Nicholls asked the court to appoint him amicus curiae to represent Krajisnik’s interests. This proposition raised questions of conflict of interest between duty to the court and duty to the accused, but Krajisnik relented and agreed to let Nicholls present the legal issues while he himself would address any factual issues. (See this article from the Institute for War and Peace Reporting.)
ICTR: Compensation for Alleged Court Error Sets Rippling Precedent
The ICTR has agreed to compensate an acquitted defendant who did not have legal representation for the first five months of his trial process, causing speculation that other compensation suits might follow in this and other international courts. Not only do experts believe that the award may be binding in other international courts, but also that “the practice of granting orders to financially compensate those whose rights have been violated has attained the status of customary international law” and is thus binding on all states and international organizations. Because there are no specific provisions in the ICTR mandate that provide for compensation, there is debate as to who will pay the compensation award. (See this article from the Institute for War and Peace Reporting. See also Stuart Beresford's article “Redressing the Wrongs of International Justice System: Compensation for Persons Erroneously Detained, Prosecuted, or Convicted by the Ad Hoc Tribunals” in the American Journal of International Law, Vol. 96:628, which provides general background on the issue of compensation rights in international tribunals.)
ICTR: Charles Taylor’s Lawyers Call for Additional Time
Charles Taylor’s attorneys have requested additional time to prepare his case on the grounds that they were forced to spend valuable case prep time arguing procedural jurisdiction issues regarding use of surveillance cameras in his prison. His lead attorney, Karin Khan, said that “an inordinate amount of time” was spent on these arguments and that the time could not be made up – additional preparation time is required to ensure a fair trial. Because Taylor is being tried in The Hague rather than in Freetown (the customary seat of Sierra Leone's Special Court) because of security concerns, this request again brings to mind questions of which court has procedural jurisdiction over what aspects of a given case. Experts worry that these issues could be raised again should another tribunal -- such as the Iraqi High Tribunal -- request that its defendants be held in facilities in The Hague on security grounds. (See this article from the Institute for War and Peace Reporting.)
UN Human Rights Mechanisms
by Andrene Smith
Barbados, Madagascar, and Chile Report
The Human Rights Committee recently wrapped up a three-week session during which it reviewed Madagascar, Chile, and Barbados’ compliance with the International Covenant on Civil and Political Rights. The session was held in New York City. The Madagascar delegation said that the country had reformed its legal and prison systems but the Committee was concerned with the country’s appointment and tenure of judges. The Committee said that decisions about judicial misconduct were shrouded in secrecy and found fault with the registration system for detainees on the ground that it unduly burdens individuals. Chile touted its reform of social security and educational systems but the Committee questioned the country’s criminalization of abortion, discrimination against women and homosexuals, and the effect of antiterrorism laws on indigenous people. Lastly, Barbados described the steps it had taken to combat human trafficking, the arms trade, and illegal drugs. But the Committee questioned the country’s treatment of juvenile offenders and the use of corporal punishment in schools. (See this story from the UN News Centre and this UN press release.)
Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities was opened for signature on March 30, 2007. The convention treats persons with disabilities as full-fledged citizens, and stresses that their full integration will require a change of attitude in society. On April 1, Jamaica was the only country to have signed the convention. It needs 20 ratifications to enter into force. Forty countries are expected to sign the optional protocol. The negotiating process had been unprecedented in the history of the United Nations because disability-rights activists and representatives of non-governmental organizations had participated in the talks on a nearly similar footing as Member States. The treaty contains a monitoring mechanism in line with other global treaties, which would enable all stakeholders to monitor implementation efforts and identify the main challenges to compliance. (See this UN News Centre press release and this information about a UN press conference.)
Darfur Monitoring Group
On March 30, 2007, the UN Human Rights Council agreed to set up a group of independent experts to work with Sudan and the African Union to monitor the situation in Darfur. The group adopted a resolution by consensus that cites armed attacks of civilians and humanitarian workers, the destruction of villages, and the lack of accountability on the ground. The Darfur resolution was one of seven resolutions and two decisions adopted on the last day of the Council’s fourth session, held at its headquarters in Geneva. (See this article from the UN News Centre and this UN press release.)
Women's Rights
by Amy Steiner
Mexico City May Decriminalize First-Trimester Abortions
A woman getting an abortion in Mexico City currently faces the possibility of a three-year prison sentence. Although prosecutions are rare, 2,000 to 3,000 Mexican women a year die from complications following an illegal abortion. Hearings on a bill to legalize first-trimester abortions began last week. The bill would provide for free first-trimester abortions at city health facilities, and private facilities would be required to provide abortions upon request. The Legislative Assembly will vote on the bill in mid-April and lawmakers believe it will pass. (See this article from the Feminist Majority Foundation, this Washington Post report on a women’s march to support the bill, and this BBC report on Mexico City's legislation allowing civil unions.)
U.S. Lawmakers Reintroduce the Women’s Equality Amendment
New York democrat Carolyn Maloney reintroduced the Women’s Equality Amendment in the U.S. House of Representatives, and Senator Edward Kennedy introduced it in the U.S. Senate. Representative Maloney said she has great hopes that the bill will pass this year as Democrats control Congress and there are more women than ever in state and federal office. Supporters of the bill say one reason it is needed is to protect statutory gains, such as Title IX, which has been challenged by the Bush administration. (See this article from Women's E-News and press releases from Senator Kennedy and Representative Maloney.)
Number of Pregnancy Discrimination Complaints Rising in the United States
Pregnancy discrimination complaints have increased 27 percent since 1997, according to statistics compiled by the U.S. Equal Employment Opportunity Commission and state and local fair employment agencies. A record 4,901 complaints were filed in 2006. The EEOC spokesman said these numbers may not accurately reflect the extent of pregnancy discrimination because women fear filing a complaint will harm their career. (See this article from the Baltimore Sun and this press release from the National Partnership for Women and Families.)
Regional Round-up
Human Rights in Europe
by Pierre Bernheim
International Helsinki Foundation's Annual Report on Human Rights
The International Helsinki Federation for Human Rights (IHF) released it’s annual report on human rights developments in Europe, Central Asia, and Russia. The report denounces many human rights violations especially in Central Asia and Russia. For instance, Turkmenistan and Uzbekistan are said to have “repressed virtually any expression of dissident [sic] and violated, on a systematic basis, civil and political as well as social, economic and cultural rights."
Spain/Morocco Repatriation Agreement Lacks Human Rights Proceedings
Human Rights Watch has warned Spain that the agreement it recently signed with Morocco on the repatriation of unaccompanied children does not comply with Spain's human rights obligations. The organization wrote a letter to the Prime Minister José Luis Rodriquez Zapatero saying that “the new agreement fails to spell out children’s safeguards during repatriation proceedings and it also lacks guarantees for children's entitlement to legal representation and their right to be heard.”
President Bush Meets with Human Rights Criminal, Says Human Rights Watch
On March 27th, President George Bush received Russian Major-General Vladimir Shamanov, the co-chairman of a U.S.-Russian commission on missing soldiers, in the Oval Office; the two men posed together for a photograph. “As former commander of Russian federal forces in Chechnya, Shamanov is implicated in grave human rights abuses” wrote Human Rights Watch. The abuses range from indiscriminate bombing and shelling, extrajudicial executions, and torture. Human Rights Watch condemned this meeting. The White House later acknowledged the meeting was an error that would be addressed.
Human Rights in the Middle East
by Babak Mohassel
Human Rights Council Ends its Confidential Procedure on Iran and Uzbekistan
Last week, the Human Rights Council ended its confidential monitoring procedure on Iran and Uzbekistan. Human Rights Watch criticized this action, saying that the Council is “turning a blind eye to abuses among the world’s most repressive countries.” Both Iran and Uzbekistan’s human rights records have deteriorated significantly in the past year. Iran’s continuous record as the world’s leader in juvenile executions and the 2005 massacre in Andijan, Uzbekistan, gave more than sufficient grounds for the Council to continue, and even to intensify, its scrutiny under its 1503 procedure. However, the Council's decision not to do so has sent a strong message to human rights advocates and the international community. The editors of Foreign Policy have gone so far as to state, “In Geneva this week, any pretense of utility or fairness that clung to the United Nations Human Rights Council finally evaporated.” (See this press release from Human Rights Watch, this audio report from Human Rights Watch on Iran, this audio report from Human Rights Watch on Uzbekistan, and this Foreign Policy blog.)
Egypt’s Proposed Constitutional Amendments
On March 21, 2007, the Egyptian parliament approved proposed constitutional amendments that will remove fundamental human rights protections of “privacy, individual freedom, security of person and home, and due process.” On March 26, Human Rights Watch reported that at least 13 activists who were protesting the proposed amendments, some of whom were women, were physically beaten by plainclothes officers. The proposed amendments to Article 179 of the Egyptian Constitution give the government broad power and discretion in violating the human rights of Egyptian citizens in cases where it categorizes individuals and activities as “terrorism-related.” Human Rights Watch describes this categorization as “unfettered authority to detain persons, search homes and monitor communications without a judicial warrant.” Furthermore, Amnesty International finds the amendments of Article 179 paving “the way for the introduction of a new anti-terrorism law that would undermine the principle of individual freedom.” These amendments violate the rights embodied within Articles 9 and 17 of the International Covenant on Civil and Political Rights. As a state party to the ICCPR, Egypt is legally bound to guarantee these rights and must therefore abolish the amendments to its constitution. (See these press releases from Amnesty Interantional and Human Rights Watch, and this article from USA Today.)
League of Arab States Must Focus on Human Rights
On March 27, 2007, Amnesty International issued a call to the League of Arab States to address significant human rights violations and no longer “subordinate human rights to political considerations.” While expressing its recommendations, Amnesty International asked the League to give particular attention to cases in Israel, the Occupied Palestinian Territories, Iraq, Sudan, Lebanon, and Somalia. The organization articulated a need for the League to play a stronger international monitoring role within these territories and take an active role in ending the ongoing crisis. The influence of the League of Arab States is crucial in finding a durable solution to the widespread human rights abuses in these regions of the world. (See information from Amnesty International, the OHCHR's Middle East Regional Office on its background, program, and expected accomplishments, and the League of Arab States, whose English site is currently under construction.)
Human Rights in Africa
by Meghan C Fennelly
This week’s update takes us around the continent from Sudan to Zimbabwe to Uganda to explore developments of interest to the human rights community from the African continent.
SUDAN: The U.N. and the African Union have condemned the killing of five African Mission in Sudan (AMIS) peacekeepers. The deaths come on the heels of increased violence against peacekeepers in Sudan, including the abduction and killing of AMIS soldiers and an attack on an AMIS helicopter. In other Sudan news, the U.N. Human Rights Council agreed before closing its fourth regular session to a resolution on “violations of human rights and international humanitarian law in Darfur.” The resolution calls for the creation of a new group of independent experts to work with the African Union and the Government of Sudan to monitor the enforcement of human rights in the Darfur region. (See this IRIN story on the condemnation of violence against peacekeepers in Sudan, this UN press release on the Darfur resolution, and this Human Rights Watch commentary on the Darfur resolution.)
ZIMBABWE: The news out of Harare this week includes threats in the state-controlled newspaper against the spokesperson for the British embassy and a statement by a U.N. Special Rapporteur calling for an end to “lethal force against unarmed political activists”. First, a Zimbabwe Herald opinion article warned that Gillian Dare, spokeswoman for the British Embassy, risked going home in a body bag for supporting the Movement for Democratic Change opposition party. The country is currently in the midst of a two-day labor strike to protest the nation’s economic collapse with rampant inflation and unemployment. A summit of Southern African Development Community (SADC) leaders last week ended with a mandate for South Africa President Thabo Mbeki to facilitate mediation with Zimbabwe and calls for Britain to honor historic commitments to land reforms in that nation—results that Western media reports have termed a showing of solidarity with President Mugabe. (See this Zimbabwe Herald opinion article threatening Gillian Dare, this statement by UN Special Rapporteur Philip Alston, and this Financial Times interview with Thabo Mbeki following the SADC Summit.)
UGANDA: The NGO Save the Children (UK) is reporting the killing of 66 children in Uganda by the Ugandan People’s Defense Force (UPDF) during raids on February 12, 2007. International human rights organizations are promising investigations, with the UNICEF spokesperson in Kampala expressing serious concern over the alleged killings. The Kampala Monitor is reporting that the U.N. Human Rights Commission and the Government of Uganda have agreed to establish a joint investigation into the news of these deaths. (See this IRIN story, this Monitor (Kampala) report on the UPDF welcoming the investigation, and this Save the Children press release.)
Human Rights in the Americas
by Ingrid Fuentes
UN Rapporteur Criticizes U.S. Position in War on Terror
On March 28, Philip Alston, the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, issued a statement on the U.S. position on the war on terror. The U.S. government has claimed that in times of war the UN Human Rights Council does not have role to play, and that each state can determine whether the Council can address a particular incident. “While this argument is convenient,” responds Alston, “it enables the U.S. to effectively exempt itself from scrutiny, if accepted it would constitute a huge step backwards in the struggle to promote human rights.” The implication is that “the UN Human Rights Council would have no role to play in many of the most chronic situations of human rights violations around the world.” Alston concluded by suggesting that the United States is being hypocritical for accepting for many years a policy that scrutinized other states “but when they themselves are under scrutiny an entirely different legal frameworks is said to be needed.” (See the Special Rapporteur's statement, the Human Rights Council press release, and background information from NYU's Project on Extrajudicial Killings.)
Mexico’s Proposed Abortion Law
“Safe and legal access to abortion is a human rights concern. All of our experiences have shown that women suffer terrible consequences when access to abortion is blocked and criminalized. The deputies should vote with this in mind.” Thus argued LaShawn R. Jefferson, the executive director of the Women’s Rights Division of Human Rights Watch, in response to a proposed change to Mexico’s abortion law. Abortions are treated as crimes across all jurisdictions in Mexico. Punitive responsibility is waived in cases of rape, grave danger to a women’s life, genetic deformities, and negligent behavior by a pregnant woman. Senators from the PRD, which holds the majority of Congress in Mexico City, have simultaneously proposed a bill within Mexico City and at a nationwide level to legalize abortion in the first trimester. The measure is expected to pass in the capital, but faces a tougher challenge at a national level. CNN asserts that wealthy Mexican women usually travel to the United States for abortions, while the poor must resort to pills, herbal teas, and other dangerous methods. Carlos Navarrete, the head of the PRD, echoed this sentiment, stating “we need to stop thousands of women from dying in unsafe operations.” (See information from Human Rights Watch, CNN on the opposition of the Catholic Church, and CNN on the views of the head of the PRD.)
Troubling Developments: Freedom of Speech in Latin America
The Interamerican Press Association met this month in Cartagena de Indias, Colombia. Below are some of its findings:
- CUBA: After Raul Castro assumed power, 47 acts of harassment were committed against journalists, including interrogations, police threats, and travel restrictions. Relying on claims that “their approach to the situation in Cuba is not in the best interests of the Cuban government,” officials expelled three foreign correspondents.
- ECUADOR: When local newspapers published statements arguing that government agencies had violated the Constitution, President Rafael Correa declared that the members of the Ecuadorian Association of Newspaper Editors were “corrupt,” “immoral,” and “mafia advocates.”
- MEXICO: In the past six months, six journalists were murdered in drug and gang wars.
- VENEZUELA: President Hugo Chavez has exerted pressure on the leading TV network, Radio Caracas Television, threatening to revoke its broadcast license. An administrative tribunal fined the station 1.5 billion bolivares ($700,000). The president of Telesur, a government funded station created under Chavez’ leadership to counter CNN’s influence in the Americas, said “hegemony in the media is a necessary tool for the revolution.”
(See the Interamerican Press Association report and the International Freedom of Expression Exchange for more information on specific incidents.)
Human Rights in Asia
by Woo-Suk Jun
Central Asia: States Must Do More than Just Join Human Rights Treaties; They Must Also Take Steps to Enforce Rights
Many Central Asia governments have joined a variety of human rights treaties. However, according to a report by Amnesty International and the International Helsinki Federation, unimaginable human rights violations such as deaths while in state custody, torture, arbitrary detentions, harassment, and the jailing of opposition leaders continue to take place in these countries. In order to substantially improve the human rights situation in these countries, states must not only join human right treaties but must also do their best to promote human rights. (See EurasiaNet from New York, Playfuls from Romania, RadioFreeEurope/RadioLiberty from the Czech Republic, and EUobserver.com from Belgium.)
North Korea: The Broken Ration System and the Illegality of Living in the Border Regions
North Korea’s food ration system has broken down, and this has forced North Koreas who live in the border area to engage in illegal behavior. The illegal acivity includes smuggling and the slave trade as well as the drug trade. North Korea’s false propaganda does not seem to be able to effectively influence those people who are hungry. (See the Daily NK.)
Cambodia: A Ten-Year Search for the Truth
Ten years ago, in March 1997, four grenades were thrown into an opposition political gathering that was protesting for judicial reform in Cambodia. This atrocity left more than 166 people dead and wounded, including one US citizen who was injured by this attack. The grenade attack seems to have had political motives. There is considerable suspicion that the government was involved based on the measures that the government took at that time. No substantial investigation has been done by the United Nations, the United States, or the Cambodian government over the past ten years. It is absolutely necessary to make efforts to defend truth and justice for human rights. (See this report from Human Rights Watch.)
