Morocco’s human rights record should threaten eligibility to host FIFA World Cup

fahrul-azmi-578025-unsplash.jpgPhoto by Fahrul Azmi at Unsplash

On April 16, 2018, five individuals landed unexpectedly at the airport in Casablanca, Morocco, looked around the terminal for an hour or so, and then left. The group was sent by FIFA to inspect Morocco’s airports, hotels, and soccer stadiums as part of the country’s bid to host the 2026 FIFA World Cup, the global soccer tournament held once every four years. Only Canada, Mexico, and USA had submitted a joint bid to rival Morocco’s, and initially the question was whether the small North African nation had the resources and basic infrastructure necessary to host such an enormous event. But, in the days since the task force’s arrival in Casablanca, FIFA’s attention has turned, appropriately, to Morocco’s record on human rights.

Today, The Advocates for Human Rights sent a letter to FIFA President Gianni Infantino alerting FIFA that Moroccan criminal law discriminates against women and does not guarantee a safe environment for all World Cup attendees regardless of gender. The Advocates’ letter calls upon FIFA to uphold its commitment to international human rights – particularly women’s rights to freedom from discrimination and violence – by declaring that, until Morocco’s discriminatory criminal laws are repealed and measures are taken to respond adequately to sexual violence, the country’s eligibility to host the 2026 World Cup is called into question.

Moroccan criminal laws discriminate against women

Current Moroccan laws criminalize all sexual relations outside of marriage. Police are known to harass unmarried lovers, breaking into private homes in the middle of the night and arresting individuals on charges of adultery.

Further, Moroccan laws create significant barriers to justice for women who have been raped. For example, in cases of sexual assault and rape, Moroccan law continues to require that victims prove non-consent by showing actual physical injuries resulting from the act of violence, and ignores the act of violence itself. Moreover, rape victims are deterred from seeking help out of fear of prosecution for illicit sexual relations outside of marriage under articles 490 and 491 of the Moroccan Penal Code. And violence against women is a widespread problem in Morocco: 62.8 percent of women report some form of violence within a given one-year period; an estimated 23 percent of women experience sexual violence at some point in their lifetime.

The Advocates’ letter presses FIFA to further examine Morocco’s bid to host the 2026 FIFA World Cup and to engage in dialogue with national representatives toward solutions. Such discriminatory laws create disincentives to all fans – foreign and Moroccan – to attend World Cup matches and festivities. Moreover, the laws create disincentives to female fans in particular to attend because of the threat of gender-based violence. The resulting low attendance may have a direct, negative impact on the World Cup itself, both in ticket sales and in attendance at games and related World Cup events.

Other advocacy groups have noted that Moroccan criminal laws also discriminate on basis of sexual orientation. Morocco failed to disclose its anti-LGBT laws in its bidding materials, in violation of FIFA rules. In response, this week FIFA sent a second technical committee to Morocco to look into human rights concerns, in addition to infrastructure issues.

FIFA’s own human rights record

Stated simply, Morocco’s criminal laws are incompatible with international human rights standards and with FIFA’s Human Rights Policy. That a second, unplanned FIFA technical committee returned to Morocco this week, specifically to look into human rights concerns, suggests that FIFA is taking seriously its commitment to international human rights.

In 2017, FIFA adopted a new, landmark Human Rights Policy, while also creating a Human Rights Advisory Board to guide its implementation. Among other things, FIFA’s Human Rights Policy effectuates article 4 of FIFA Statutes, which prohibits discrimination of any kind, by requiring that future bids to host the FIFA World Cup are vetted against international human rights standards.

FIFA’s return to Morocco also suggests a sea change in FIFA policy and practice. In June, the 2018 FIFA World Cup will be held in Russia, a country known for anti-LGBT laws of its own, among other human rights concerns. Similarly, the 2022 FIFA World Cup will be held in Qatar, where there are serious concerns about labor trafficking in the country’s efforts to build the stadiums and other infrastructure necessary to host the event. Because of the overwhelming criticism from international human rights groups and others for its overt disregard for human rights abuses in connection to FIFA-sanctioned events, in 2015, FIFA engaged in a process to review and possibly overhaul its policies and business practices.

Whether that review has transformed the organization remains to be seen. But FIFA’s Human Rights Policy was adopted in the wake of that review, and such policy forms the basis for the added scrutiny over Morocco’s 2026 World Cup bid – clear evidence that the advocacy efforts of international human rights groups, like The Advocates for Human Rights, can leverage the private sector to shift national laws and public policy.

Conclusion

FIFA, like many private industries, believes that its product – soccer – has the power to change the world. At a March conference, FIFA President Infantino stated that the global sport has immense “strength” that can be used as “a force for good.” As The Advocates noted in today’s letter to President Infantino, although such statements carry great promise, to have meaning FIFA must act on them. The question is whether FIFA holds firm to its commitment to international human rights – particularly women’s rights to freedom from discrimination and violence – by engaging with Morocco’s national representatives to improve its World Cup bid. In turn, Morocco will have ample incentive to repeal its discriminatory laws and enact new protections for women.

Whether Morocco is awarded the 2026 FIFA World Cup will be decided by the FIFA Council on June 13, 2018.

By Jon Mosher, Spring 2018 PHRGE Fellow, Northeastern University School of Law 2018. Jon is currently a fellow with The Advocates’ International Justice Program. 

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Jenna goes to the United Nations

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Thanks to The Advocates for Human Rights, I just had the opportunity to take my interest in human rights work— and particularly my longstanding advocacy work on gender violence issues— to the United Nations in Geneva. Along with 11 others, including representatives from NGOs in Cameroon and Azerbaijan, I participated in The Advocates’ annual UN Study Advocacy trip, where we spent five days in Geneva at the 37th Session of the Human Rights Council lobbying Human Rights Council members on gender violence, LGBTQ and death penalty issues. Even though I am just 17, during the week The Advocates ensured that I was not just a passive observer to their work – rather, they allowed me the opportunity to play an active role providing me with an opportunity to be an advocate at the international level.

On my first full day in Geneva, I got the opportunity to participate in a side event panel on Violence Against Women. I was honored to speak alongside experts in the field in women’s rights and gender violence, who addressed the issue of gender violence in Azerbaijan, Columbia and Russia. My presentation focused on gender violence at the high school level, an often overlooked issue. I spoke about, among other things, the need to change the dynamic and educate children at a young age about the meaning of consent. My hope is that by early education we might be able to dissipate the prevalence of gender violence in the community at large.

As if that wasn’t enough excitement, the next day I actually got to make an oral statement to the Human Rights Council — on the floor of the United Nations — on the implementation of the Vienna Declaration. The Vienna Declaration emphasizes the importance of eliminating “gender bias in the administration of justice.” In my statement, I spoke about the importance of criminal laws in combating violence against women and the need for UN member states to adopt laws in line with international standards to protect victim safety and promote offender accountability. I am glad I can speak quickly – as, during this particular session, each NGO had 90 seconds to speak. They actually cut you off if you go over your time. I think the man sitting next to me was a bit surprised to see someone so young sitting in the NGO speaker seat.

On days following, I got the opportunity to participate in small meetings with staff members of the Special Rapporteur on human trafficking in persons, especially in women and children and the Special Rapporteur on violence against women. We got to learn about their priorities for the coming year and some of the amazing work they have been doing. The representatives of the Special Rapporteurs truly seemed interested in the work of The Advocates and solicited examples of best practices as well as assistance in their ongoing work.

I also got to lobby. One of the primary reasons The Advocates attends the Human Rights Council sessions is to encourage delegates to comment during the Universal Periodic Review process – which involves a periodic review of the human rights records of all 193 UN Member States. It is done in cycles so every country is not up for review at once. During the UPR process there is an opportunity for any government to raise questions and make recommendations about any other government’s human rights compliance. Before the trip, The Advocates did extensive research regarding the human rights record of several countries up for their UPR — Azerbaijan, Cameroon, Colombia, Cuba, and Russia – and prepared recommendations on ways those countries could make improvement on issues including women’s rights, LGBTQ rights, and the death penalty. With those recommendations in hand, along with other members of our team, I got to approach delegates encouraging them to meet with us to discuss The Advocates’ recommendations – and, if they didn’t want to meet, giving them prepared fact sheets on the various issues. While at first I was afraid to approach some of the delegates (you literally go into the Human Rights Council chamber and tap people on the shoulder and ask them to speak with you), I was excited to see how receptive people were to speak with us. I understand that in the past, many delegates have not only adopted The Advocates suggested recommendations but also that the recommendations were ultimately accepted by the countries under review.

I also had the opportunity to watch the Human Rights Council debates. I got to hear a representative from Hungary declare that migration was not a fundamental human right and hear a delegate from Cuba call out US hypocrisy on issues of civil and human rights. More importantly, I got to watch in action a body of international players trying to hold countries accountable for human rights violations – asking questions and making proposals. It was amazing to see individual countries human rights records being held up to public scrutiny. I loved the fact that UNTV televises the debates, so that the discussions are readily accessible throughout the world.

Finally, I got to watch The Advocates staff in action – creating a team out of a group with disparate skill sets and expertise. Robin, Jennifer, Rose and Amy willingly shared their expertise, helping us all to become better advocates. I have a new found understanding of the importance of their work – and the influence they have at the international level. I will be forever grateful for this experience from which I learned so much not only from watching the UN in action but also from the members of the team who were incredibly kind and supportive. And, in case any of the team members are interested, I did get my AP American History paper on the Chinese Exclusion Act done in time (although the last night of our trip was a very long night).

By The Advocates for Human Rights’ youth blogger Jenna Schulman.  Jenna is a high school  student in Washington, D.C. 

2017: A Year of Strength for Women

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As we look back on The Advocates’ women’s human rights work in 2017 and the movement to hold accountable perpetrators of sexual harassment and assault, the word that comes to mind is strength In the last year, we strengthened the capacity of women’s rights defenders, made life-saving recommendations for reforms, and strategized how the UN can become even better in achieving gender equality.

We continued to identify gaps in governments’ responses to violence against women so we can tell them how to make women’s lives safer. Last year, we released reports on domestic violence in Montenegro and Serbia, where they become tools to bring sweeping changes.

Because of our reports, laws become better: domestic violence is criminalized, victims’ protections strengthened, and shelters funded.

 

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We also began building a multi-country cadre of women’s human rights defenders to use international mechanisms. By teaching 16 Russian-speaking lawyers how to leverage these remedies, we build their capacity to safeguard women’s rights against sexual harassment, trafficking, domestic violence, and sexual assault. This work is powerful and life-saving for the women in many countries with few realistic options for safety.  One lawyer told us,

With your help, I have started to believe that we can change our situation to the best.”

 

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And, of course, we have continued our advocacy before the UN, holding countries to the highest standards of women’s rights, while expanding our lens to focus on the UN itself. After all, if the UN is going to lead on women’s human rights, it must lead by example. In the face of ongoing investigations of sexual harassment by senior UN figures, such scrutiny is long overdue.

As a core member of the UN Gender Network, we are reviewing the UN’s gender equality policies and will make recommendations for reform at a UN roundtable next month.

We will continue to build on our momentum through 2018. I hope you will join us at three exciting events:

Please join us in 2018 as we celebrate women’s human rights, and thank you for your support to make the world a better, safer place for women.

By: Rosalyn Park, director of the Women’s Human Rights Program at The Advocates for Human Rights.

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Ukraine delays decision on Universal Periodic Review recommendations on domestic violence

 

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The delegation from Ukraine, led by H.E. Mr. Sergiy Petukhov, Deputy Minister of Justice of Ukraine for the European Integration, speaks during Ukraine’s Universal Periodic Review on November 15, 2017. Source: http://webtv.un.org/meetings-events/human-rights-council/universal-periodic-review/28th-upr/watch/ukraine-review-28th-session-of-universal-periodic-review/5647215634001#

For the 3rd cycle Universal Periodic Review (UPR) of Ukraine, The Advocates for Human Rights submitted a stakeholder report in collaboration with Center “Women’s Perspectives,” a non-governmental agency based in Lviv, Ukraine. The report focused on the prevalence of domestic violence in Ukraine.

Domestic violence is a pervasive problem in Ukraine. In 2016, the Ministry of Social Policy recorded 96,143 complaints of domestic violence, and data indicate that the number of complaints has been on the rise by 10% per year. The legal system fails to adequately protect women, a problem exacerbated by ongoing political conflict.  Ukraine has not yet created a specific crime of domestic violence, nor has it specifically defined gender-based violence in its laws. A package of laws to address violence against women passed a first hearing in Parliament in 2016, but was sent back to a working group over concerns the draft laws were harmful to traditional family values. Members of Parliament have asked the working group to remove references to “gender” and “sexual orientation” and to allow religious groups to sit on the Working Group. Ukraine has yet to ratify the Istanbul Convention on violence against women. Victim services remain insufficient and underfunded.

During the UPR in early November 2017, 70 countries made 190 recommendations to Ukraine, 29 of which were related to domestic violence or violence against women. This marks a significant increase from the four domestic violence-related recommendations made in 2012, a sign that more countries are taking note of conditions in Ukraine.

After the review, the country can either accept or reject the recommendations, and can choose to provide an additional response if it wishes to explain its decision. The UPR process also gives the state under review the option to delay its response to some or all of the recommendations. Ukraine has decided to defer decision on all of its recommendations and will have until March 2018 (the 37th session of the Human Rights Council) to submit an addendum with its responses to the recommendations.

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 fourth 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

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

Sri Lanka’s Evolving Stance on the Death Penalty

 

Building the Capacity of Russian-Speaking Lawyers to Protect Women’s Human Rights 

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Our Legal Training Academy fellows from Georgia, Russia, Belarus, Ukraine, and Kyrgyzstan working together on a UN treaty body exercise.

Members of The Advocates’ staff recently returned from Bulgaria, where we finished training 16 lawyers at the first session of our Legal Training Academy on Women’s Human Rights (LTA). Through this two-year project, we are building the capacity of lawyers to use international and regional human rights mechanisms to defend women’s human rights after all domestic remedies have failed. Being able to effectively access these options is crucial. For lawyers in some countries, which may not have adequate public prosecution laws concerning domestic violence or even basic protections for victims, the option of being able to leverage another remedy is powerful. Once a lawyer has exhausted the options available to them in their country, it is not the end of the road for the victim/survivor. Instead, they can still pursue effective, top-down recourse through the UN, European Court of Human Rights, and the Council of Europe. This two-year training academy teaches these lawyers how to most effectively bring these cases.  

 

The lawyers hail from nine countries in the Former Soviet Union—Russia, Ukraine, Kyrgyzstan, Georgia, Moldova, and Azerbaijan, to name a few. Often, these human rights defenders are operating under laws that oppress or hinder civil society. For example, some of these countries impose onerous NGO registration requirements, while others use “foreign agent” laws to brand NGOs as spies and subject to heavy surveillance and conditions. Yet, each of these lawyers brought energy, commitment, enthusiasm, as well as drive to learn and connect with each other.  

 

In this first of three training sessions, we spent the first day hearing from the participants about the issues they face in their country. They described issues such as the severe lack of shelters, legal aid, and resources for women victims and survivors, the abuse of women in prison, and the use of village elders to decide cases of violence against women rather than formal court systems.

For example, one participant described the harmful practice and effects of polygamy in her country: “How do you register second and third wives? As a second or third wife, if my husband comes and beats me, and I’m not married, I cannot get a restraining order.”  

 Throughout the week, we discussed various forms of violence against women, including sexual violence, sexual harassment, domestic violence, and trafficking. We also addressed human rights for LGBTI and persons living with HIV.  

 

In the next two sessions, taking place in spring and fall of 2018, we will build the skills of these lawyers to leverage the UN and European mechanisms. Importantly, we are building not only a cadre of trained women’s human rights defenders, but a network of peers who will continue to share best practices and strategies, support each other’s efforts transnationally, and celebrate successes. Already, we have begun to see the impact after our first training. At the conclusion of the session, one participant said, 

“With your help, I have started to believe that we can change our situation to the best. Thank you all very much.”  

By: Rosalyn Park, director of the Women’s Human Rights Program at The Advocates for Human Rights.

My Domestic Violence Monitoring Mission to Montenegro

My Domestic Violence Monitoring Mission to Montenegro

By Angela Liu, Dechert LLP

“Domestic violence is a “style of communication between the parties.”  It is the “victim’s choice . . . to be communicated to her with violence.”

My jaw dropped.

I then quickly pulled myself together from a momentary state of shock as I listened to a mediator in Montenegro matter-of-factly explain his thoughts on domestic violence. By this point in our mission, I kept thinking that I would get used to the way our interviewees spoke about domestic violence. After all, we had spent an intense week in six cities throughout the country — from the Albanian border to the Serbian border — interviewing members of Parliament, judges, prosecutors, police, social workers, doctors, and even the victims themselves. But in each interview, like in this one with the mediator, I always learned something new.

As a white collar and securities litigator at Dechert LLP, an international law firm, I joined the monitoring mission with The Advocates for Human Rights to Montenegro, having never done any domestic violence work, let alone traveled to the Balkans. But I simply couldn’t pass up the opportunity when our firm committed its resources to pursue the monitoring mission in Montenegro in 2015, a country that was a part of the former Yugoslavia and gained its independence in 2006.

Having the honor of learning from Rosalyn Park and Amy Bergquist, two impressive Advocates attorneys at the forefront of the human rights movement, we paired up in teams and started each day early in the morning traveling to a new city so that we could begin interviewing around 9 a.m. Our days were packed with organized interviews that very rapidly revealed that domestic violence was not only a widespread problem in Montenegro – it was also a very private one. I was struck how I took for granted our comparably victim-centered laws, practices, and education, as I heard story after story about how keeping the family together – as opposed to keeping the victims safe – came first. I witnessed the defense and excusal of offenders as interviewees pushed back about depriving offenders their rights: “where will the offender go if evicted?” was a reoccurring theme. In interview after interview, I heard about the lack of coherent coordination and adequate resources. And for the first time, as an associate, I viscerally understood why the rule of law and even how our physical courtroom is set up is so important – something I take for granted every day here in the U.S.

What impressed me the most about Montenegro wasn’t just the rugged mountains that explained why the country is called “Black Mountain,” nor was it the coastline that looked like it was straight out of movie. What impressed me the most was undoubtedly the resiliency and strength of the victims of domestic violence. I had the opportunity to interview one such victim who showed me photographs of bruises all over her body that were submitted to the court. She so bravely explained how she came up against road block after road block with every institutional response and is currently mired in multiple court proceedings to tell her side of the story. I saw victims weaving beautiful rugs at a women’s shelter as they heroically learned a new skill to have some form of economic independence. And as we stayed in that same shelter one night, I was moved by the incredibly strong women that are fighting every day with limited resources to help these victims. Our partners Natasa Medjedovic at SOS Hotline for Women and Children Victims of Violence – Niksic and Maya Raicevic at Women’s Rights Center were examples of such strength, who challenged the seemingly accepted notion that “just being a patriarchal society” is an adequate response to the problems these victims face.

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Pictured above: Angela Liu, Megan Walsh, Maja Raicevic, Rosalyn Park, Milica Milic, Natasha Medjedovic, Tamara Radusinovic, and Amy Bergquist.

This trip, however, could not have been made possible for me without the support from my firm to which I am very grateful, and I would encourage other firms to continue their support as well. What I took away from the pro bono experience was how just taking the time and honing your own fact finding and deposition skills can impact the laws and practices of an entire country in a tangible way. It’s hard not to fall in love with a profession when you get to practice and develop your skills, let alone in a context where you’re seeing prosecutors, police, and doctors begin to consider using particular laws or protocols while being interviewed; or members of Parliament, judges, and even the victims ask for advice or more training to make their country better.

After two years of work, the 200+ page report based on our mission is now finished. It shines a light on the laws and practices in Montenegro, which will be helpful in advocacy in the country and at the United Nations. I also hope that one day domestic violence will never be known as a chosen style of communication in Montenegro.