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The Rights of Children Whose Parents Are Sentenced to Death – The Case of Tunisia

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Lisa Borden (The Advocates for Human Rights), Bronwyn Dudley (World Coalition for Human Rights,and Choukri Latif (Coalition tunissiene contre la peine de mort)

As a longtime practicing attorney in the United States, I spent much of my professional career working on cases related to criminal justice, including prison conditions and the death penalty. My death penalty work brought me in contact with The Advocates for Human Rights several years ago, when I had the opportunity to write a report to the UN Human Rights Council about the death penalty in the United States. So began a volunteer relationship in which I was able to participate in The Advocates’ UN work to abolish the  death penalty and many other issues. It’s thanks to that relationship that I’m now studying International Humanitarian Law and Human Rights at the Geneva Academy in Switzerland, and hope to continue addressing criminal justice issues using different approaches after graduation.

While pursuing my studies, I am also still a volunteer for The Advocates in Geneva. Recently, I had the opportunity to participate in a pre-session meeting with the UN Committee on the Rights of the Child regarding Tunisia’s progress in implementing the Convention on the Rights of the Child. The pre-session meetings provide a chance for non-governmental organizations (NGOs) and other interested stakeholders to provide information to the Committee in a confidential setting. I joined Bronwyn Dudley of the World Coalition Against the Death Penalty, and Choukri Latif of the Coalition tunissiene contre la peine de mort (a Tunisian anti-death penalty NGO), to address the committee regarding Tunisia’s failure to implement the rights of children whose parents have been sentenced to death or were executed. The Advocates, the Tunisian Coalition, and the World Coalition highlighted these issues in a recent report to the Committee.

Children: Unseen victims of the death penalty

WDADP 2019 poster

This year’s World Day Against the Death Penalty, on October 10, 2019, will focus on how children around the world are affected by the death penalty, so meeting with the Committee on the Rights of the Child was a timely opportunity to apply this broader concern to a concrete situation. The World Coalition seeks to raise awareness of the severely damaging psychological trauma inflicted upon children whose parents are sentenced to death, at every stage of the process from arrest to incarceration to execution.

Punishing Tunisian Children for Their Parents’ Wrongdoing Violates the Convention

As in many retentionist countries, people sentenced to death in Tunisia typically spend many years in prison. Indeed, since Tunisia has thankfully been observing a moratorium on the death penalty since 1991, parents who are sentenced to death may spend decades in prison. As Choukri explained in his opening statement to the Committee, Tunisia is failing to protect the rights of those children to maintain meaningful relationships with their parents during their incarceration. Many of these parents are incarcerated far away from their families, and the prohibitive costs of transportation prevent children from exercising their visitation rights. Even for those who can do so, visits are limited to 30 minutes and, for younger children, direct physical contact with the parent is not permitted. Children of death-sentenced and executed parents are not provided with badly needed medical and mental health care to cope with the trauma they endure. Additionally, a new anti-terrorism law has expanded the potential application of the death penalty in Tunisia, including to children themselves, and is very unclear as to what conduct is covered.

Tunisia Must Reform Its Laws and Practices to Respect Children’s Rights

During follow-up questioning by Committee members, an inquiry was made about whether Tunisia has good laws in place and just needs to improve implementation, or whether more work needs to be done on the laws themselves. In addition, Committee members requested more information about the justification for the anti-terrorism law and possible alternative measures. These questions provided me with an opportunity to offer some specifics about the failings of Tunisia’s laws, and how Tunisian authorities must address those failings to bring Tunisia into compliance with its human rights obligations.

Around the world, the death penalty in anti-terrorism laws is typically justified as a supposed deterrent to would be terrorists. But academic research reveals that there is no support for the notion that the death penalty is a deterrent to terrorism. In 2016, the UN Special Rapporteurs on summary executions, torture, and human rights while countering terrorism, respectively, specifically warned against using the death penalty in an effort to deter terrorism, stating:

“there is a lack of persuasive evidence that the death penalty could contribute more than any other punishment to eradicating terrorism. The death penalty is also an ineffective deterrent because terrorists who are executed may just gain in prestige, as may their cause.”

In other words, the death penalty, if it has any impact at all, may provide incentives to terrorists.

Tunisia Creates Unnecessary Barriers to Children’s Rights

With regard to the need to continue reviewing and revising laws, I offered the laws affecting children of death-sentenced parents as an example showing that Tunisia’s laws are not yet compatible with the Convention and continue to be in need of reform. The Tunisian Constitution of 2014 expressly recognizes the rights of children and the government’s obligation to act in their best interests, and the law on Special Regulations for Prisons expressly provides that children are entitled to visit their detained parents. But these laws are vague and do not give Tunisian authorities direction about how to account for the recognized rights and obligations. In law and in practice, Tunisia continues to violate children’s rights through arbitrary interference (30 minute visit limitations and lack of physical contact), and failure of the government to make any provision to address the financial barriers associated with transportation to far-flung prison facilities. The latter failure constitutes a de facto denial of the right to visit, but Tunisia does nothing to take this right into account when deciding where a parent will be incarcerated. In fact, Tunisian authorities often deliberately place parents far from their families, considering such isolation to be part of the parent’s punishment. Such punishment obviously violates the rights of the child, just as expressly denying visits would.

I was also able, thanks to the detailed research Bronwyn conducted before the meeting, to point the Committee to two of its own previous recommendations that supported our position that Tunisia has a positive obligation to take the child’s interests into account during criminal proceedings related to the parent.

To learn more about The Advocates’ work on the Death Penalty, click here. For ideas of things you can do to take action for World Day Against the Death Penalty, click here.

By: Lisa Borden, a volunteer with The Advocates for Human Rights, currently based in Geneva, Switzerland.

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The Fight Against the Death Penalty Continues

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Brunei Darussalam’s delegation at the UN Human Rights Council 

In May 2019, the United Nations Human Rights Council held its 33rd session of the Universal Periodic Review (UPR), as part of the third cycle of the review process. The UPR examines the status and progress of human rights in all 193 member countries of the United Nations. (For more information about the UPR, check out Chapter 9 of Human Rights Tool for a Changing World here.) Among other countries, both the Democratic Republic of Congo (DRC) and Brunei Darussalam received recommendations to further their progress toward abolishing the death penalty.

Both countries have a de facto moratorium on the death penalty. Brunei has had no reported executions since 1957, and the DRC has had the moratorium since 2003. But neither country has ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights to officially move toward abolition of the death penalty. Even though international human rights standards mandate that countries retaining the death penalty must reserve it for only the most serious crimes, Brunei continues to sentence people by hanging for far less.

Under the Syariah Penal Code, adultery, sodomy, rape, apostasy, blasphemy, and insulting Islam are all punishable by death by stoning in Brunei. In the DRC, the administration of the death penalty lacks transparency. Just last year, the government handed down 41 death sentences.

At the Universal Periodic Review

Due to these issues, at the UPR in May both countries faced increasing pressure to abolish the death penalty. Brunei Darussalam received 96 recommendations on the death penalty from 50 countries–38.6% of all recommendations the country received, and a 336% increase from Brunei’s second cycle UPR. The recommendations ranged from ratification of the Convention against Torture to repealing problematic provisions in the Penal Code. The DRC received death penalty recommendations from 17 countries, an increase of 13.3% from the second cycle.

The Advocates, together with the World Coalition Against the Death Penalty, pushed for these recommendations behind the scenes. The two organizations submitted joint stakeholder reports on both countries. (To read the full reports, visit: Brunei and the DRC). Through both emails and in-person meetings, The Advocates lobbied 48 of the 50 countries that made death penalty recommendations to Brunei Darussalam, and 16 out of the 17 countries that made death penalty recommendations to the DRC.

A Lack of Progress?

After taking months to examine the recommendations from May, last month both Brunei Darussalam and the DRC “noted” all the recommendations relevant to the death penalty. In the language of the UN, noted means rejected. Both countries cited their respective sovereignty over the issue as the reason for rejecting the recommendations. Brunei Darussalam used the country’s religious background to justify the current use the death penalty in the Penal Code. Many countries and organizations, including Belgium and the UK, urged the government of Brunei to reconsider its decision. Similarly, a representative of the government of the DRC told the Human Rights Council that the nation’s own parliament should make the final decision on the death penalty. A delegate from Germany, however, urged the DRC to ratify the Second Protocol.

Despite noting these recommendations in the official meeting, the Brunei government took a small step forward. On May 6, the Brunei government announced that it would extend its moratorium on capital punishment to the crimes of homosexuality and adultery. Under laws that had taken effect in April, the two crimes would otherwise have been eligible for the death sentence of stoning. Furthermore, a representative from the government of Brunei told the Human Rights Council that the government had been making progress toward ratifying the Convention Against Torture. Many governments and non-governmental organizations welcomed this move.

The fight persists

This small victory, however, should not overshadow the larger picture. Despite overall progress toward abolition of the death penalty, many countries’ practices are far removed from international human rights standards. The cases of Brunei Darussalam and the DRC signal the difficulty ahead. The Advocates will continue to fight for a humane justice system on an international level.

To learn more about the death penalty, please visit our website here. Also, October 10 is the 2019 World Day against the Death Penalty, and encourage you to get involved.

To watch the full videos of the September 2019 meetings of the Human Rights Council adopting the outcomes of the UPRs of Brunei and the DRC, please visit the links below:

Brunei Darussalam

The Democratic Republic of Congo

By: Yunze Wang, an intern with the International Justice Program at The Advocates for Human Rights and a student at Macalester College.

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Turkey in Danger of Returning to the Death Penalty

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Photo by Engin Akyurt on Pexels.com

On the heels of the July 2016 attempted coup, Turkish officials expressed their intention to reinstate the death penalty for “child killers” and terrorists. The Deputy of the ruling Justice and Development Party (AKP) threatened that the government would introduce a bill calling for the execution of rebel soldiers involved in the coup. President Erdogan stated that he would approve any legislation brought forth by the government to restore the death penalty. The following month, far-right leader of the Great Unity Party, Mustafa Destici, announced that a proposal to reinstate the death penalty would be introduced to Turkey’s parliament in October of that year.

Turkey abolished the death penalty in 2004 and made abolition permanent in March 2006 when it ratified the 2nd Optional Protocol to the International Covenant on Civil and Political Rights (OP2-ICCPR). The Protocol states that “[n]o one within the jurisdiction of a State Party to the present Protocol shall be executed” and “[e]ach State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.” OP2-ICCPR does not authorize a State Party to subsequently withdraw ratification.

Reinstating the death penalty contradicts Turkey’s obligation to abolish capital punishment as a State Party to OP2-ICCPR. What’s deeply troubling is not just that Turkey would renege on its international human rights obligations and resume the use of a cruel and dehumanizing penalty, but that the Turkish government has major motivation to do so in an effort to silence its political opposition and marginalized groups.

Remember how Turkish officials pushed to assign the death penalty specifically to “terrorists” in the wake of the attempted coup in 2016? Terrorist, in this context, seems to be code for dissident. Since 2016, the Turkish Government has used counter-terrorism efforts as a means of cracking down on political opposition. Charges of “terrorism,” “terrorist sympathy,” and “terrorist propaganda” are levied against journalists, academics, and activists who oppose the Turkish Government’s actions and policies. In addition to stifling opposition voices, the government regularly uses charges of terrorism to further persecute the already vulnerable Kurdish community. The Turkish government has historically targeted the Kurdish people; Turkish nationalism promotes both the assimilation and the elimination of non-Turkish minority groups, such as Kurds and Armenians.

In the defense of human rights, it is critical that we say the quiet part out loud: if Turkey reinstates the death penalty under the pretext of using it as a means to combat vaguely defined “terrorism,” Turkish authorities will wield it unjustly to permanently rid Turkish authorities of political opponents. As Turkey’s government institutions are characterized by weak separation of powers, compromising the independence of the judiciary, reinstatement of the death penalty would place even more power in the hands of the executive branch. Reinstatement of the death penalty is a threat not only to journalists and human rights defenders, but also to the Kurdish community, which already faces ethnically motivated persecution and violence at the hands of the Turkish state.

The Advocates for Human Rights frequently collaborates with the World Coalition Against the Death Penalty, serving on its Steering Committee and leading the Coalition’s advocacy at the United Nations. The UN Human Rights Council’s Universal Periodic Review (UPR) is a mechanism during which each nation reports on the state of human rights within its jurisdiction and receives recommendations from its peers—other nations around the world. It is an opportunity for The Advocates and other civil society organizations to lobby UN member states on issues like the death penalty. Often we urge governments to adopt best practices and ratify treaties, usually in response to reports of human rights violations.

Turkey’s third UPR is scheduled for January 28, 2020. Turkey has signed and ratified the relevant treaties, the death penalty has been struck from the law. To defend the Turkish people’s right to life, freedom of opinion, and freedom of expression, The Advocates will lobby governments to press the Turkish Government to make further commitments to uphold the country’s international human rights obligations.

As an intern in the International Justice Program at The Advocates for Human Rights, my work focuses on preparing for and evaluating the success of our lobbying efforts at the UN. Researching the death penalty in Turkey feels like a departure from the norm; past lobbying efforts have been successful and the death penalty was abolished officially, and yet the threat remains. In instances like these, The Advocates and its partners recognize how vital it is to act and advocate proactively to prevent future human rights violations. It is a reminder that even in countries and regions where we can celebrate progress, the protection and maintenance of human rights is ongoing and critical work, whether across the globe or in our own backyards.

You have the power to take action in the face of human rights violations. Learn what you can do to assist The Advocates for Human Rights in our work here. Learn more about our work to end the death penalty here.

By Grace Curtiss, rising junior at the University of Minnesota and summer 2019 intern with The Advocates’ International Justice Program. 

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Absence of Justice for Women in Mexico

woman-embracing-sky-3During my time interning with the International Justice Program at The Advocates for Human Rights, I conducted research on violence against women in Mexico. What I learned through my research represents one of the most troubling cases of human rights infringements, as the State condones impunity for perpetrators.

In 2007, the government of Mexico passed a promising law regarding femicide, physical and sexual violence, as well as “violence against the woman’s dignity, integrity or freedom.” While the aim of this law is to combat the violence women suffer, the perpetrators are often government officials or public defenders themselves. Accusations made against public authorities intertwine with the ongoing relationship between drug cartels and the government, as it is reported that the cartels control the police. There have been numerous accounts of women filing claims with officers only to be sexually harassed and/or threatened in return. This, in turn, allows for the continuation of corruption and absence of justice.

The research I conducted on violence against women in Mexico was for The Advocates’ report to the UN Committee Against Torture (CAT) for their review of Mexico’s compliance with the UN Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment.  The Advocates’ report revealed how violence against women and impunity violates Arts. 1, 2, 4(1), 10, 12, 13, 14 and 16 of the Convention. By comparing Mexico’s State Party Report and the CAT’s List of Issues Prior to Reporting and Recommendations from the prior review, we were able to identify he gaps between the government’s stated commitments and its actual implementation of reform to protect women.

Along with two other interns, I then analyzed information (used with permission) about human rights abuses experienced by The Advocates’ asylum clients from Mexico. The experience of these clients illustrated the Mexican government’s failure to protect women from violence.  These women reported not only experiencing violence, but also threats from the police, lack of action, and even accounts of stalking after reporting domestic violence.

One client, for example, fled to the United States out of fear of being killed by her former partner, a member of a Mexican drug cartel. The police told her that they were unable to do anything about her partner’s violent abuse and his threats to her family—the cartel “had the police,” is what she told The Advocates. The client fled to another Mexican state, but her former partner made threats on social media and left messages on her phone, saying that he would find her, kill her and chop her up. Additionally, another client was sexually harassed by a police captain when she filed a case regarding her kidnapped brother. He threatened her with further violence and following the incident, he and fellow officers frequently harassed and threatened her when patrolling her neighborhood.

In addition to sharing the firsthand experience of The Advocates’ clients with the UN Committee Against Torture, we also made recommendations for measures the Mexican government should adopt to protect women from violence. First, Mexico should establish oversight bodies and accountability processes to ensure the full implementation of the General Law on Women’s Access to a Life Free of Violence. In tandem to this, we recommend that the government of Mexico create training programs, in consultation with or led by NGOs serving victims, for their law enforcement and judiciary to be better informed on the dynamics of domestic and gender-based violence against women, including responses that follow best practice standards and international legal norms.

The slow progress toward equality and justice for women in Mexico reflects a number of discriminatory factors that allow inequality to prevail. For example, women are under-represented in governance positions in Mexico, although it is recognized that women in these positions are more inclined to “advocate for social issues that benefit all.”  Greater female representation in decision-making roles may help foster efforts to promote gender equality or focus greater attention on violence against women issues, including femicide.

Widespread violence against women and anti-feminist sentiment are embedded in other aspects of life in Mexico, including the continuation of child marriage and barriers to female education.  A study out of Mexico City revealed that 25,000 girls between 12 and 14 years of age were already married. Forced and early marriage has an impact on girls’ education, and 83% of married girls do not attend school. When girls do not complete their education, studies show that poverty increases in tandem to domestic and gender-based violence against women, unplanned or early pregnancy, and other female health issues.

When the government fails to hold offenders accountable, it sends a message that violence against women will be tolerated. Furthermore, impunity for violence against women not only perpetuates these violations, but encourages negative rhetoric concerning gender roles. The Advocates’ asylum clients’ experiences reveal that much of the violence against women involves sexual violence. Abuse, harassment, and threats against women often sexually objectify or reflect harmful misperceptions that women are a weaker sex.

Without accountability in her country, no woman is truly safe. The international community has called on Mexico to better protect women through the Human Rights Council’s Universal Periodic Review process, as well as other treaty body reviews. To date, however, Mexico’s stated commitments have not been implemented.  Pledges made to the international community mean almost nothing to those individual survivors of  violence, especially when these commitments are being made by those who have the power to rectify but merely perpetuate the situation. Many women have lost faith in the State’s ability and willingness to protect them, leading to the difficult choice to leave home and seek asylum in the United States. Until the government finds a way to create accountability and effectively combat on violence against women, Mexico will continue to be unsafe for women and girls.

I’ve learned a lot about violence against women while working with The Advocates, globally as well as domestically. Their website www.stopvaw.org offers information, tools and legal advocacy to inform the world about these injustices. Raising international awareness and advocating for international law is an exemplary tool for attempting to bring justice to women survivors of intimate partner violence when their governments cannot or will not protect them.

By Sydney Shelstad, rising University of Minnesota senior majoring in Political Science and Global Studies with a concentration in Human Rights and Social Justice. She was a spring 2019 intern with The Advocates’ International Justice Program. 

 

 

 

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

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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.