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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. 

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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

 

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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.

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UN Gender Network: Understanding How Gender Impacts the UN’s Activities and Leadership

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 Members of the UN Gender Network include civil society, academics, UN former and current staff and government representatives.  Women’s Program Director Rosalyn Park (center row) represents The Advocates for Human Rights in the UN Gender Network.

For the past year, The Advocates for Human Rights has been a core member of the UN Gender Network. Convened by the University of Reading and Durham University, the UN Gender Network is a unique project to foster dialogue and an understanding of gender equality policies within the United Nations. We seek to investigate how it impacts UN leadership on the Sustainable Development Goals, particularly Goal 5 on Gender Equality, and other policies. To do so, the UN Gender Network has brought together civil society, academics, UN former and current staff and government representatives over the course of three workshops to discuss these issues. A fourth workshop will take place in 2018 to launch the network’s policy recommendations to the United Nations.

When I talk about the UN Gender Network, people are often surprised to learn of the need to scrutinize the UN on its own gender equality policies. But after all, if the UN is going to lead on women’s human rights, it is important that it lead by example. The UN does not have one single gender equality policy applicable to each of its multiple bodies. Instead, the development and implementation of such policies are left to the discretion of individual bodies. The result: UN entities have very disparate policies or, in some cases, no policies at all. A 2016 UN Women report found that only 89% of UN bodies have a policy on sexual harassment, assault, and exploitation. Only 70% of UN bodies have a policy on discrimination, and just 67% have policies on anti-retaliation.

To examine this further, we engaged the pro bono services of DechertFredrikson & ByronFaegre Baker Daniels, and Stinson Leonard Street to map out the gender equality policies across all of the different UN bodies. Volunteers examined the spectrum of gender equality policies, including recruitment and appointment, facilitative policies, career advancement, harassment/discrimination, and separation policies. Initial findings reveal that while some UN bodies have strong, comprehensive gender equality policies, others are in many areas lacking or, where they do exist, tend to be more aspirational than effective. In other cases, good policies are in place but are not readily utilized by staff, indicating a need for ongoing monitoring. At its third workshop at Durham University this November, the UN Gender Network reviewed the draft recommendations it will make to the UN to advance gender equality priorities.

In September, UN Secretary-General Antonio Guterres issued a system-wide strategy to address gender parity within the UN this fall, signaling a commitment to the issue and to achieve parity by 2028 across all levels at the UN. The strategy marks a first step toward addressing gender equality issues within the UN, but it will take ongoing commitment and multidisciplinary engagement to push through effective reforms. To join the UN Gender Network or learn more, please visit https://blogs.reading.ac.uk/united-nations-gender-network/.

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

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

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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.

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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.”

 

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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

My Domestic Violence Monitoring Mission to Montenegro

FeaturedMy 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.