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Domestic Violence in Bosnia and Herzegovina: Bringing the Issue to the UN

UPR cycle
Illustration of the UN Human Rights Council’s Universal Periodic Review Process from The Advocates’ resource Human Rights Tools for a Changing World: A Step-by-step Guide to Human Rights Fact-finding, Documentation, and Advocacy

The UN Human Rights Council provides opportunities for non-governmental organizations to pursue human rights advocacy at the UN level through the Universal Periodic Review (UPR), a process for reviewing the human rights records of States. Before the start of a particular country’s review, non-governmental organizations can submit a “stakeholder report” to the Council about the overall human rights situation or focusing on a specific issue in the country, relying on desk research and firsthand information.

Reporting on domestic violence in Bosnia and Herzegovina

As an International Justice intern with The Advocates for Human Rights, I had the opportunity to work on the organization’s UPR stakeholder report about domestic violence in Bosnia and Herzegovina. In my research, I focused on understanding victims’ experiences with key institutions that provide support for victims of domestic violence, such as centers for social work, courts, police, and safe houses. I found out that victims lack access to resources due to insufficient funding, poor multi-sectoral collaboration, and inadequate responses from some of the key actors mentioned above.

Based on this research, I assisted with compiling a report that The Advocates and our local partner Ženski Centar Trebinje submitted to the Human Right Council in March 2019 for the UPR of Bosnia and Herzegovina, which will take place in November 2019. Apart from shedding light on the issues that victims of domestic violence in Bosnia and Herzegovina face, our report put forth recommendations for the Government of Bosnia and Herzegovina to improve its responses to domestic violence. You may find the report here.

A meaningful way to get involved with issues in my home country

Being from Bosnia and Herzegovina, I really appreciated the opportunity to get involved with this report. As much as I am grateful for my education in the United States, I wish that I could get physically involved with social movements and activism in my home country. While I was working on this report, my city held a protest because the Center for Social Work did not adequately respond to a domestic violence case perpetrated by a father against his daughters. Their mother issued a plea via Facebook, sharing how unsupported she felt by the institutions whose sole responsibility was to protect her daughters. Hearing her story made it even more important to engage with the issue of domestic violence.

Although I was not able to protest, I could at least voice her concerns in our report. By translating her story and bringing it to a space devoted to human rights, I made it possible for the relevant international actors to hear her story. To me, The Advocates’ work implies carrying messages from the local actors to international institutions, bridging the physical distance between the two, overcoming language barriers if there are any, and navigating the bureaucratic nature of international institutions.

Looking forward

While I cannot guarantee that delivering her message will have an impact on the case, nor that this report will eliminate domestic violence in Bosnia and Herzegovina overnight, I recognize that advocacy at the UN, as a well-established mechanism, is a useful first step. It serves as a platform to raise awareness about issues and put pressure on government officials to implement the suggested solutions. Based on the recommendations from the 2014 UPR cycle Bosnia and Herzegovina established free legal aid clinics, but yet has to implement many more recommendations.

As part of the UPR process, Bosnia and Herzegovina’s government delegation and UN member countries will engage in an interactive dialogue this November. Often, countries raise questions and suggest solutions based on stakeholder reports. I hope that they will voice the concerns that we included in the report and make a formal expectation for the Government of Bosnia and Herzegovina to implement our recommendations, as important steps toward the elimination of domestic violence.

By Ana Gvozdić, a rising junior at Macalester College studying Political Science and Environmental Studies.  She was a spring 2019 intern with The Advocates’ International Justice Program.

To learn more about advocacy, check out The Advocates’ manual Human Rights Tools for a Changing World: A Step-by-step Guide to Human Rights Fact-finding, Documentation, and Advocacy”, and especially Chapter 9, which focuses on Advocacy at the United Nations.

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Eritrea and the International Covenant on Civil and Political Rights: A Step-By-Step Guide to United Nations Advocacy

Eritrea
The Government delegation from Eritrea at the 125th Session of the UN Human Rights Committee in Geneva, Switzerland on 12 Mar 2019 [photo credit: UN Web TV]

Eritrea, a Sub-Saharan African country nestled between Sudan and Ethiopia with roughly the same size and population of Minnesota, is the center of alarming human rights abuses. Despite ratifying its Constitution in 1997, the government has not implemented that framework and instead retains a one-party dictatorship. The president, Isaias Afwerki, and his security apparatus have disregarded civil liberties and basic human rights, arbitrarily detaining people, holding detainees without due process and in inhuman conditions, mandating national service, and applying systematic torture both in prisons and national service facilities. Members of non-authorized religions face persecution.

In the face of grave human rights abuses, civil society has a powerful weapon: The International Covenant on Civil and Political Rights (ICCPR). A State Party to the treaty since 2002, Eritrea is bound to its reporting and accountability measures. As an NGO with special consultative status with the United Nations, The Advocates for Human Rights works with U.N. mechanisms to hold States accountable for wrong-doing. And at the 125th Session of the Human Rights Committee, The Advocates did just that.

Introduction to the ICCPR Review Process

The first three steps in the ICCPR review process take place before the parties meet in Geneva. First, the State Party submits its report to the Committee. Eritrea failed to submit its report to the Committee, so it was more important than usual for civil society stakeholder reports to give a full picture of human rights in the country. Second, the Committee prepares a list of issues and questions for the State Party to consider. Third, members of civil society—referred to as “stakeholders”—compile reports of the country’s progress and failures in improving the state of civil and political rights since the previous review. Compiling information from Amnesty International, Human Rights Watch, the U.S. Department of State, recent U.N. investigations, and interviews with clients seeking asylum from Eritrea, The Advocates made sure that the Committee knew what the Eritrean Government was doing.

The primary accounts provided by our clients are some of the most important aspects of any report we submit to the United Nations. First, staff and interns in our Refugee and Immigrant Program interview asylum clients, detailing their experiences with human rights violations in their country of origin. When that country comes up for review at the U.N. Human Rights Committee, our International Justice Program staff and interns identify patterns in the client files that help describe the human rights situation. These unique experiences inform a more complete understanding of the State Party under review. We include that information in our report after receiving explicit permission from the clients in question. These client interviews confirm and illustrate the information that secondary reports provide about the State Party’s human rights practices.

Recommendations and Constructive Dialogue

In response to the bleak state of civil and political rights in Eritrea, The Advocates also suggested recommendations for the Committee to present to the State Party in order to improve its human rights practices. The Advocates makes several recommendations, such as to allow international observers to monitor the condition of Eritrean detention centers, to narrow the scope of the death penalty in the Penal Code, and to eliminate the registration process that creates “non-authorized” religions.

After receiving reports from civil society and the State Party, the Committee engages in a constructive dialogue with the State Party. During the dialogue, Committee members recognize the progress the State Party has made and recommend improvements and reforms for the State Party to adopt.

To watch the full constructive dialogue between the Human Rights Committee and the Government of Eritrea, click here.

During the review of the State Party, NGOs such as The Advocates can take several actions to promote their reports and recommendations. They can make oral interventions before the examination, participate in informal briefings with Committee members, and circulate shorter versions of their reports—one pagers—that highlight the most important points.

Concluding Observations

After State Party and stakeholders have had their say, the Committee compiles and releases its Concluding Observations on next steps that the State Party should take to improve its human rights practices. In the case of Eritrea, the Committee’s report adopted many of The Advocates’ conclusions and recommendations for:

  • holding human rights abusers accountable;
  • ending arbitrary arrests, enforced disappearances, and the use of torture;
  • improving detention conditions;
  • ending severe—sometimes lethal—restrictions on freedom of movement;
  • improving conditions in national service, shortening the length of national service, creating alternatives for conscientious objectors, and ending the placement of minors in national service; and
  • guaranteeing freedom of religion.

With the report of the Human Rights Committee in hand, it is once again the duty of civil society to hold the government accountable and pressure Eritrean leaders to implement these recommendations. In the meantime, The Advocates will continue to offer asylum assistance to Eritreans fleeing the ongoing human rights violations.

To read our full report on Eritrea, click here.

To learn more about advocacy at the United Nations, read Chapter 9 of The Advocates’ groundbreaking publication, Human Rights Tools for a Changing World: A Step-by-step Guide to Human Rights Fact-finding, Documentation, and Advocacy.

To support our mission of advancing global human rights, consider volunteering with The Advocates.

Watch our volunteer, Olivia Leyba, testify at the U.N. Human Rights Council about Eritrea’s human rights practices.

 

By Benjamin Allard, International Justice Program intern and 2019 graduate of the University of Minnesota, where he majored in Political Science and Asian Languages & Literature. 

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Advocates for Indigenous and Minority Rights

Samone with Marcia Kran HRComm member
Samone Khouangsathiene from the Tai Studies Center briefed the UN Human Rights Committee on indigenous rights in Vietnam

The Advocates for Human Rights recently sent a delegation to the United Nations Office at Geneva. In addition to staff and volunteers, our delegation included representatives of partner organizations advocating for indigenous and minority rights.  The Advocates  partnered with The Tai Studies Center to draw attention to the discrimination and violence experienced by the Tai indigenous people in Vietnam.  With diaspora-based United Oromo Voices, The Advocates submitted a report on ethnic minorities in Ethiopia for consideration as part of Ethiopia’s Universal Periodic Review by the UN Human Rights Council.

While in Geneva, our delegation participated in the discussion around the Special Rapporteur on Minority Rights’ report to the UN Human Rights Council. The agenda for this meeting was focused on the Special Rapporteur’s country visits this past year to Botswana and Slovenia, and the issues minorities face there. The Advocates highlighted for the Special Rapporteur and the Council members that minorities face similar issues in Vietnam and Ethiopia.  As a non-governmental organization with Special Consultative status, The Advocates can participate in interactive dialogues by making oral statements at the Human Rights Council. These two-minute statements are our opportunity to share our concerns with the Council, and they are recorded and published afterward on the UN website. Nagessa Dube from United Oromo Voices made the oral statement on behalf of The Advocates for Human Rights.

As an intern, I helped draft the oral statement on minority rights. Through the drafting process, I had the opportunity to learn more about the obstacles and harassment encountered by indigenous and ethnic minorities within these countries. Although these human rights issues are ongoing and The Advocates continues to receive reports of abuses from our clients, they are often forgotten by global media attention.

Here’s what we must continue to pay attention to:

In Vietnam, the government refuses to acknowledge the Tai people’s indigenous status and right to self-determination. Along with other local indigenous groups, they face barriers to land management and the state denies them adequate compensation for the resulting damage to their livelihoods. They struggle against cycles of poverty, discrimination from the majority community, and limited access to public services, electricity, and water. The Vietnamese government continues to confiscate land from indigenous groups; the Tai and other groups’ lands in Highlands’ villages have been confiscated without full compensation for state economic development projects. The government arbitrarily detains and disappears members of indigenous groups, and suppresses protesters by using national security provisions to claim that potential ties of indigenous groups to organizations abroad promote so-called “separatist aims.”

In Ethiopia, the state has continually subjected members of the minority Ogaden and Oromo communities to the arbitrary confiscation of land and ethnic persecution since the beginning of Ethiopian rule over the Somali region in 1948. In November 2015, large scale protests began in Oromia in opposition to the Addis Ababa Master Plan, which intended to forcibly displace the minority Oromos from their homes in favor of expansion of the territory of the capital city. Various Advocates clients interviewed reported that many Oromo people were injured and killed during the 2015 Irreechaa protests after security forces fired into crowds. Many of those who survived the massacre were taken into government custody. The Government of Ethiopia continues to subject minority populations to violence and arbitrary arrests.

Partners presenting at side event at UN in Geneva

I was excited to watch the delegation present our concerns to the Special Rapporteur in Geneva over the UN WebTV from my Minneapolis desk. It was rewarding to know that for those two minutes, our advocacy held the attention of the Special Rapporteur and the entire Human Rights Council. Afterward, the delegation facilitated a side event for both Vietnam and Ethiopia minority rights. The side event allowed both representatives more time to educate and advocate for the issues that minorities in these countries face.  Furthermore, it allowed representatives of many minority groups to build solidarity, highlighting the similarities of indigenous minority struggles all across the world.

I talked to The Advocates’ partners who participated in the delegation about their experiences advocating for indigenous and minority rights at the United Nations.

Samone Khouangsathiene with The Tai Studies Center reflected that “regardless of which country or which indigenous group we are from, we all have similar human rights violations occurring.  Indigenous people are being marginalized and even decimated by ruling governments around the world.” However, by the end of the event she left with a sense of hope:

Through my attendance I put Tai Dam concerns front and center not only to the Human Rights Committee but to the Vietnamese delegation.  This “face to face” showed the delegation that the Tai Dam backed by the UN holds the government accountable.  The Tai Dam are no longer voiceless.

Nagessa Dube from United Oromo Voices had a similar perspective. He appreciated the opportunity to develop connections and build relationships with different advocates and organizations in attendance. He hopes that the outcome of his time in Geneva will encourage the government of Ethiopia to listen to the recommendations of The Advocates by halting human rights violations against indigenous communities and committing to reparations for past damages.

By Alison Brady, Macalester College Class of 2019 and spring 2019 intern with The Advocates’ International Justice Program. 

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Egypt: The Fight to End Their Excused Executions

During my time as an International Justice Program intern at The Advocates for Human Rights, I have used my Lebanese background and Arabic language skills to dig deep into the lesser-known human rights violations occurring in the Middle East. More specifically, I have focused my research on Egypt and its increased use of the death penalty. Despite the United Nations interventions and the reports produced by international journalists on the issue, the violations have continued on, placing Egypt as the sixth highest nation for total number of people executed.

“Every Tuesday is execution day in Egypt, a trend established late last year [2018] with 23 killed since the end of December,” said ABC News correspondent Farid Farid.

2019 has been a big year for executions in Egypt. 15 people were executed in February alone. According to the Death Penalty Worldwide Organization, at least 22 people were executed in 2015, at least 44 in 2016, at least 35 in 2017, and 12 in 2018. All of these executions have been administered through hanging, for reasons including: terrorism, premeditated murder, crimes committed abroad that are harmful to state security, abduction of a female, threatening any member of Parliament, etc. The Egyptian Penal Code stipulates that the death penalty must be carried out in the presence of a prison guard, a public prosecutor, an official from the Ministry of Interior, the prison director general and doctor, as well as an additional doctor ordered by the Public Prosecution.

On February 20, 2019, the day I started researching this topic, 9 individuals were executed in Egypt for their involvement with the 2015 killing of Egypt’s General Prosecutor, Hisham Barakat. On February 13, 2019, 3 individuals were hanged for killing a police officer in 2013, and an additional 3 individuals were hanged on February 7, 2019 for their connection with the murder of an Egyptian judge’s son in 2017.  Prior to being executed, the individuals are held in detention centers under harsh conditions. The large number of arrests and the increased use of pretrial detention have resulted in extreme overcrowding, less access to resources, and a rising number of deaths in prisons.

“According to domestic and international nongovernmental NGO observers, prison cells were overcrowded, and prisoners lacked adequate access to medical care, proper sanitation and ventilation, food, and potable water,” stated in the US State Department Human Rights Report.

 As of 2014, there are 57 detention centers in Egypt. There is no limit on prison sentence length, which can also factor into the over-crowdedness of the facilities. There have been cases where prisoners detained for politically motivated charges have been held in solitary confinement for several years – which in and of itself is torture. Amnesty International has documented 36 cases of prisoners held in prolonged solitary confinements in Egypt since 2013.  Due to the extreme amounts of torture, 9 detainees have died while in custody, according to Human Rights Watch.

Despite Egypt’s support for the death penalty, they do have their restrictions on the conditions for when and how it can take place. According to the Penal Code, executions may not be administered on official holidays, including religious holidays of the convict’s faith. Although this has not been followed through entirely, the convict’s family is only allowed to visit them the day before they are executed. In addition, the Egyptian government is responsible to pay the expenses for the burial, unless the family has other wishes, and the burial must not have a ceremony.

After reading countless of stories about executions in Egypt and various countries, I am more aware and driven to continue to spread awareness on this issue. More than 160 countries have abolished the death penalty or refuse to practice it, but the fight to end it worldwide is not done yet. Whether it is administered for cultural, religious, or traditional reasons, the death penalty is a human rights violation that should not be tolerated.

 “The death penalty has no place in the 21st century,” stated on the United nations Human Rights Office of the High Commissioner website.

Egypt’s use of the death penalty doesn’t seem to have an end date in the near future unless the international community proceeds with the fight for its abolishment. The Advocates for Human Rights continues to work at putting a stop to this human rights violation through their international advocacy as a steering committee member of the World Coalition Against the Death Penalty, as a chair of the World Day Against the Death penalty, and through their submissions to the United Nations human rights bodies. Regardless of if it’s China, Iraq, Iran, Egypt, or any of the other countries that continue to practice such torturous methods, the death penalty should not be administered and should cease to exist worldwide.

Celine Ammash is a rising University of Minnesota senior majoring in Global Studies.  She was a spring 2019 intern with The Advocates’ International Justice Program through the University’s Human Rights Internship class.

 

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Death Penalty Moratorium Brings California Closer to International Human Rights Norms

CA death chamber
Photo: Office of the Governor of California  https://www.sfgate.com/bayarea/article/Striking-photos-show-San-Quentin-execution-13686251.php#photo-17066014

In March 2019, California Governor Gavin Newsom announced the state’s moratorium on the death penalty. His executive order gave the more than 700 inmates on death row reprieve from future execution (although they are still under sentence of death), closed the execution chamber in San Quentin Prison, and withdrew California’s lethal injection protocol. Governor Newsom’s order is a strong stance against the death penalty in California and the United States. The moratorium in my home state of California coincided with my internship here at The Advocates, where I have both worked on and learned about issues globally and domestically related to the death penalty.

The United States’ use of the death penalty and the conditions on death row are gross violations of global human rights norms. As of 2013, there were 3,000 prisoners on death row across 35 states . In Texas, inmates on death row are held in solitary confinement and spend all but 1-2 hours a day in isolation. When they receive visitors they are barred from having physical contact, including with their children Across the country, 93% of states with the death penalty lock up death row inmates for 22 or more hours a day and 67% of states mandate no-contact visitation for death row inmates. Additionally, 62% of states do not offer religious services to death row inmates. This practice violates the Constitution’s First Amendment, the Religious Freedom Restoration Act (for federal and DC prisons), the Religious Land Use and Institutionalized Persons Act, as well as the International Covenant on Civil and Political Rights

Being held in solitary confinement, sometimes for decades, has disastrous impacts on the mental health of death row inmates. Craig Haney, a psychologist at University of California Santa Cruz, conducted a 2003 study of inmates in solitary confinement. He found that two-thirds of inmates talked to themselves and nearly half had “perception disorders, hallucinations, or suicidal thoughts” and Stuart Grassian, who interviewed hundreds of inmates in solitary confinement, found that one-third developed severe mental illness. It is not an exaggeration to say that the treatment of death row inmates in solitary confinement amounts to torture. Techniques of social isolation of detainees in Iraq and Afghanistan were some of the most common of the United States’ so-called “enhanced interrogation” techniques. The United Nations Human Rights Council’s Special Rapporteur on Torture, Nils Melzer, has argued these interrogation methods amount to torture. 

The United States’ treatment of death row inmates violates the United Nations’ Standard Minimum Rules of the Treatment of Prisoners, also known as the Nelson Mandela Rules. While the rules are not legally binding, they do set minimum expectations for the treatment of prisoners. The denial of religious services and resources violates two of these rules: rule 4, which states that prisons should offer education and and vocational training and other forms of recreation and assistance, including spiritual assistance, and rule 104, which requires that inmates be provided with religious instruction. With regard to the use of solitary confinement, rule 43 specifically prohibits “prolonged or indefinite solitary confinement.” Rule 45 goes on to prohibit solitary confinement as a condition of a prisoner’s sentence. The routine confinement of death row inmates to solitary confinement for the duration of their incarceration, particularly when mandated by state law, violates these rules.  

The Advocates is actively working to combat the death penalty in the United States and globally. The Advocates is on the Steering Committee of the World Coalition Against the Death Penalty. As part of our human rights advocacy at the UN we advocate against the death penalty by issuing reports and lobbying on the use of the death penalty on minors, inhumane detention conditions, lack of adequate legal representation, and other human rights concerns surrounding the death penalty. As part of this work The Advocates has collaborated not only with the World Coalition Against the Death Penalty but also with local organizations and activists on reporting and advocating against the death penalty around the world. Combating the death penalty is a central piece of The Advocates’ work in international justice, and I am glad to have had the opportunity to be a part of this work.

By Hannah Maycock, a Fall 2018/Spring 2019 International Justice Intern at The Advocates. She graduated with a degree in Political Science from Macalester College May 2019.