How The Advocates brings the stories of women and children fleeing violence to the international stage

UN HRC room
The Human Rights Council chambers in Geneva, Switzerland. UN Photo/Elma Okic. Source: http://www.un.org/apps/news/story.asp?NewsID=56915#.WjhEE7T83_Q

Since 2014, a growing number of women and children fleeing gender-based violence in Guatemala have requested legal assistance from The Advocates in applying for asylum in the United States. Using information from interviews with these clients, The Advocates documented violence against women in Guatemala and submitted a stakeholder report to the United Nations Human Rights Council for consideration during Guatemala’s third-cycle Universal Periodic Review, which took place on November 8, 2017.

Violence against women remains a serious problem in Guatemala, especially as the country continues to struggle to implement protective measures and programs. In the first ten months of 2015, the public ministry reported receiving 11,449 reports of sexual or physical aggression against women. In the first seven months of 2015, there were 29,128 complaints of domestic violence against women and 501 violent deaths of women.

Due to lack of protection and high rates of impunity, many women choose to leave the country rather than face potential reprisals and stigma. Domestic violence is also a significant push factor for unaccompanied child migrants.

The Advocates is able to help these women and children in two important ways: providing legal assistance in their asylum cases and using their experiences to advocate at the United Nations for law and policy changes in their home country of Guatemala.

There are several steps involved in bringing these individual stories to an international stage.

First, The Advocates drafted a report documenting violence against women in Guatemala, based on research on country conditions and client interviews. The Advocates submitted this stakeholder report to the Human Rights Council for consideration during Guatemala’s Universal Periodic Review. After the report was complete, I drafted a two-page summary that outlined the key information and suggested recommendations. I then reviewed countries that made recommendations to Guatemala during its second UPR in 2012, and selected 27 countries to lobby based on their past support for eliminating gender-based violence. I emailed these countries, thanking them for their interest in women’s issues and updating them on the status of past recommendations they made to Guatemala. I sent them the full report on Guatemala as well as the summary document.

The purpose of lobbying other countries is twofold— to alert the country to the dire situation in Guatemala and to provide suggested recommendations based on our report. The country under review must acknowledge the recommendations, which can serve as a rebuke for missteps as well as a blueprint for areas to improve.

For example, Guatemala received and accepted recommendations during its second-cycle UPR in 2012 to strengthen the 2008 Law Against Femicide. In order to implement these recommendations, the government established several agencies and institutions to give effect to the law, and created lower level courts. Yet weak implementation of these tools meant there was little reduction in levels of violence against women. In addition, there is no law against sexual harassment, despite its ubiquity. The partial implementation of these 2012 recommendations speaks to the importance of creating targeted recommendations, the success of which can be measured on a defined timeline.

Guatemala photo 2 Guatemala delegation
The delegation from Guatemala, led by H.E. Mr Jorge Luis Borrayo Reyes, President of the Presidential Coordinating Commission of Guatemala, delivers an introductory statement during the November 8th, 2017 UPR of Guatemala. Source: http://webtv.un.org/search/guatemala-review-28th-session-of-universal-periodic-review/5639386301001/?term=&lan=english&cat=UPR%2028th&sort=date&page=3#

After the UN published the recommendations made during the November 8th UPR, I reviewed them to determine the success of our lobbying efforts. Of the 27 countries we contacted, seven of them made recommendations, five of which Guatemala accepted. Interestingly, the number of VAW-specific recommendations made to Guatemala remained fairly constant from 2012 (30 recommendations) to 2017 (31), but the makeup of the countries making the recommendations changed. In 2017, 77% of the VAW recommendations were made by countries that did not make a VAW recommendation in 2012. This shift suggests that a wider group of countries is taking note of the situation in Guatemala and willing to use their platform at the UN to advocate for women. It also suggests we should expand our lobbying efforts to target additional countries.

I was pleased to see the following recommendation from Spain, a country we targeted with our lobbying:

“Allocate sufficient resources to specialized courts and tribunals with jurisdiction over femicide and other forms of violence against women as well as move towards the full implementation of the Law against Femicide and Other Forms of Violence against Women.”

 

Guatemala photo 3 Spain gives rec
Mr. Emilio Pin, the representative to the UN Human Rights Council from Spain, delivers Spain’s recommendations to Guatemala during the November 8th UPR. Source: http://webtv.un.org/search/guatemala-review-28th-session-of-universal-periodic-review/5639386301001/?term=&lan=english&cat=UPR%2028th&sort=date&page=3#

This recommendation indicates that Spain acknowledges steps Guatemala has taken (specialized tribunals, partial implementation of the Law against Femicide) and points out a key gap in the implementation of these efforts: lack of government resources.

It’s incredibly powerful to see this recommendation and other calls to action that grew out of The Advocates’ client testimonies.

Guatemala accepted 28 of the 31 VAW-specific recommendations and will have five years before its next review to work on implementing them. I hope, the country will continue to build on past work and use the recommendations made during this review to effect meaningful change.

By Laura Dahl, a 2017 graduate of the University of Minnesota with a degree in Global Studies and Neuroscience. She is a Fall 2017 intern with The Advocates’ International Justice Program.

This post is the second in a series on The Advocates’ international advocacy.  The series highlights The Advocates work with partners to bring human rights issues in multiple countries to the attention of the United Nations Human Rights Council through the Universal Periodic Review mechanism. Additional post in the series include:

The Advocates’ lobbying against the death penalty packs a big punch at the Universal Periodic Review of Japan

Sri Lanka’s Evolving Stance on the Death Penalty

Ukraine delays decision on Universal Periodic Review recommendations on domestic violence

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Burundi: The Human Rights Crisis You May Not Have Heard Of

Protesters carry a Burundi flag during a protest against President Pierre Nkurunziza's decision to run for a third term in Bujumbura
Demonstrators carry a Burundian flag during a protest in Bujumbura, Burundi. Photo: Reuters/G. Tomasevic

As an International Justice Program intern with The Advocates for Human Rights, I have encountered many examples of human rights abuses throughout the world. Yet, while the recent drama of domestic politics continues to dominate the attention of American citizens, these international human rights violations go largely unreported and unaccounted for in U.S. media. The ongoing human rights crisis gripping the state of Burundi presents one such example as members of civil society continue to face politically-based violence at the hands of the ruling party.

April 2015 marked the start of a political and human rights crisis in Burundi that has claimed hundreds of lives. Violence flared following President Pierre Nkurunziza’s decision to seek a controversial third term and subsequent, political protests. Police and security forces responded by exercising excessive force and shooting demonstrators indiscriminately.

After a failed coup d’état by military officers in May 2015, the Government intensified its repression of political dissent by suspending most of the country’s independent radio stations. In addition, journalists and human rights defenders face violence and increasing restrictions on their rights to freedom of expression and association. Recently adopted legislation further limits the ability of non-governmental organizations to operate and for civil society to participate in public life. By mid-2015, most of Burundi’s opposition party leaders, independent journalists and civil society activists had fled the country after receiving repeated threats.

The human rights crisis that gripped Burundi in 2015 deepened in 2016 as government forces targeted perceived political opponents with increased brutality. The Burundian National Defense Forces (BNDF) and the Burundian National Intelligence Service (SNR)—often in collaboration with members of the ruling party’s youth league, known as Imbonerakure—committed numerous killings, disappearances, abductions, torture, rape, and arbitrary arrests against the perceived opponents of the ruling party.

For perpetrators of these crimes associated with the ruling party, there is almost total impunity. The ruling party continues to interfere with Burundi’s weak justice system and therefore these human rights abuses are rarely punished. The government’s suspected political opponents have been arrested and held for prolonged periods unlawfully. Ultimately, an average of more than one thousand people fleeing the violence escaped to nearby Tanzania per day in 2016 to join the 250,000 already spread across Eastern Africa.

The Advocates’ Refugee and Immigrant Program provides legal representation to individuals seeking asylum.  The Advocates has received direct information about suppression of political opinion in Burundi from survivors fleeing human rights abuses in the country to seek asylum in the United States. Our clients share stories of being accused, often arbitrarily, of supporting anti-government protests. They report police and Imbonerakure members searching their homes, looting their businesses, and arresting, beating and interrogating them and their family members. While each client’s case is different, their experiences confirm that the legal system and policies in Burundi are failing to provide individuals with adequate protection from politically-based violence.

In July, The Advocates for Human Rights submitted a stakeholder’s report to the Universal Periodic Review, identifying specific measures that the Burundian Government should enact to address political suppression in the country.

First, Burundi should combat impunity by systematically and promptly carrying out investigations of criminal activity committed by government affiliates and ensure appropriate compensation for such crimes. In the previous UPR, the Government of Burundi accepted recommendations to continue efforts toward combatting impunity including the establishment of a Truth and Reconciliation Commission. While the Commission was established in 2016, serious concerns exist regarding the Commission’s ability to fulfill its mandate with the expanded use of temporary immunities which have de facto become permanent amnesty schemes. Burundi should then establish an independent mechanism for investigating complaints of torture or ill-treatment at the hands of members of police or security forces to ensure accountability for perpetrators of human rights violations.

Second, the Government should take the necessary steps to ensure that legal systems and policies are in full compliance with Burundi’s international obligations with respect to freedom of expression. During its last UPR, Burundi rejected 15 recommendations related to freedom of expression and association, as well as protections for human rights defenders. Burundi must afford journalists and human rights defenders the freedom to carry out their work independently and without fear of persecution or intimidation.

Overall, Burundi is failing to meet its international obligations to investigate and prosecute political-based violence perpetrated on behalf of the ruling party. Security forces, intelligence services, and Imbonerakure members are repeatedly identified as responsible for extrajudicial executions, enforced disappearances, abductions, arbitrary arrests and detention, torture and ill-treatment, and sexual violence. The Burundian Government must act to combat impunity and protect civil society members from such human rights violations.

With the ongoing human rights crisis gripping the state of Burundi, members of civil society continue to face politically-based violence at the hands of the ruling party. Unfortunately, these human rights violations continue to go largely unreported and unaccounted for in U.S. media. Although American domestic politics seem to dominate the current political discourse, we all need to remain vigilant and afford these international, human rights violations the attention they deserve.

By April Will, a second-year J.D. student (class of 2019) at the University of Minnesota Law School. She is a 2017 summer intern with The Advocates’ International Justice Program.  

 The Advocates’ stakeholder submission to the UN Human Rights Council for Burundi’s Universal Periodic Review includes direct information about human rights violations from survivors who have fled Burundi to seek asylum in the United States.  Read the full report here.

Related post:  Giving our asylum clients from Burundi a voice at the United Nations

Supreme Court orders reargument in indefinite detention case

Child or woman's hand in jailLast week, the Supreme Court ordered reargument in Jennings v. Rodriguez.  The case challenges whether detention for indefinite periods of time without review defies the constitution.  

This year, there could be up to 500,000 people detained in federal Immigration and Customs Enforcement (ICE) detention centers, jails, and private prisonsWhile some are detained a few weeks, others may be held for months or even years while they challenge their removal before the immigration courts and on appeal.   

 

The initial challenge to indefinite detention, Rodriguez, et al. v. Robbins, et al., was filed in 2007 at the federal district courtAlejandro Rodriguez, who had been detained for 3 years awaiting his deportation without a bond hearing, challenged the government’s authority to detain him indefinitely. The Ninth Circuit upheld the lower court’s order requiring the detainees to receive bond hearings after six months of detention and every six months following to address their detainment while pending their deportation proceedings.  

Throughout the Ninth Circuit, Rodriguez hearings have been provided regularly, resulting in the release of people from detention while they pursue their claims to remain in the United States. Following the Court’s order, people detained outside the Ninth Circuit will continue to face indefinite detention until the Court rules next year.

The Advocates for Human Rights recognizes the fundamental human rights of the rights of asylum, due process, fair deportation procedures, freedom from arbitrary detention, family unity, as well as other rights as an approach to immigration.

By Michele Garnett McKenzie, Deputy Director of The Advocates for Human Rights