Bringing the worldwide movement to end the arbitrary death penalty to the U.S. Supreme Court

Amy
Connie Numbi of the Foundation for Human Rights Initiative in Uganda & The Advocates’ Amy Bergquist serve on the Steering Committee of the World Coalition Against the Death Penalty

I’ve spent the last few days in Paris immersed in the work of the World Coalition Against the Death Penalty—collaborating with other members the Coalition’s Steering Committee to review our accomplishments over the past year and to define our countries and issues of focus for the next three years, and attending workshops to prepare for a four-year project funded by the European Union to combat the death penalty in several African countries and other countries at risk of resuming executions. But when I get on the plane for Minneapolis Wednesday, it will be time to switch gears and think about the connections between The Advocates’ involvement with the international abolitionist movement and death penalty issues closer to home.

On Wednesday, December 11, 2020, the U.S. Supreme Court is hearing oral argument in a death penalty case called McKinney v. Arizona.  With pro bono assistance from Dechert LLP, The Advocates for Human Rights and the World Coalition submitted an amicus curiae brief in support of the petitioner, James McKinney, who was sentenced to death in Arizona for his involvement in two 1991 murders. McKinney was 23 years old at the time of the crimes.

amicus brief

We work to limit the scope of the death penalty

The Advocates, like the World Coalition, is opposed to the death penalty in all circumstances. In some countries, however, we don’t expect immediate abolition of the death penalty. As an interim measure, we try to limit the scope and applicability of the death penalty, consistent with international human rights standards.

Article 6, paragraph 1 of the International Covenant on Civil and Political Rights recognizes that “No one shall be arbitrarily deprived of his life.” In the context of the death penalty, this language means that a person charged with a crime eligible for the death penalty must receive a fair trial and the jury (or judge) must consider all relevant evidence before deciding whether to sentence the person to death.

My Steering Committee colleague Connie Numbi, who represents the Foundation for Human Rights Initiative (FHRI) in Uganda, notes that several East African countries such as Tanzania and Botswana have a mandatory death penalty. If a person is convicted of certain crimes, the death sentence is automatic. No judge or jury hears evidence about the nature of the crime, why the person committed it, or what “mitigating” factors might warrant a sentence other than death.

The death penalty is arbitrary if the defense can’t present evidence about the defendant’s personal circumstances and the circumstances of the offense

The Human Rights Committee (the UN body in charge of interpreting the Covenant) has explained that any mandatory imposition of the death penalty violates Article 6, paragraph 1 because it is arbitrary:

In all cases involving the application of the death penalty, the personal circumstances of the offender and the particular circumstances of the offence, including its specific attenuating elements must be considered by the sentencing court. Hence, mandatory death sentences that leave domestic courts with no discretion on whether or not to designate the offence as a crime entailing the death penalty, and on whether or not to issue the death sentence in the particular circumstances of the offender, are arbitrary in nature.

Similarly, Article 6, paragraph 2 of the International Covenant on Civil and Political Rights states that, “In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes,” The Human Rights Committee has explained that under this provision, the death penalty “must not be applied except for the most serious crimes, and then only in the most exceptional cases and under the strictest limits.”

McKinney never had a fair chance to present evidence of his personal circumstances

Which brings us to McKinney’s case before the U.S. Supreme Court. A jury found McKinney guilty of murder, but at the time, under Arizona law, a judge was responsible for deciding the appropriate sentence. McKinney’s attorneys presented evidence to the judge about McKinney’s horrific childhood, including evidence McKinney has Post-Traumatic Stress Disorder from his abuse. The judge accepted McKinney’s PTSD diagnosis but did not consider it in deciding on the sentence. Indeed, under Arizona law at the time, the judge was prohibited from taking into account any evidence of mitigating factors that were not causally connected to the crime.

An appellate court ruled that the judge was wrong to reject the PTSD evidence. The State of Arizona then took up the case with the Arizona Supreme Court, asking that court to review the sentencing decision. McKinney argued that he was entitled to a new sentencing hearing, particularly because in the interim the U.S. Supreme Court had ruled that juries—not judges—must make any factual findings relevant to deciding whether to sentence someone to death.

But the Arizona Supreme Court disagreed. It decided to conduct an independent review of McKinney’s sentence. In so doing, it said that McKinney’s conviction had been finalized before that Supreme Court ruling. And it then went on to look at the trial transcript and make its own sentencing decision, concluding that the mitigating evidence wasn’t sufficient to warrant a punishment other than death.

McKinney takes his case to the Supreme Court

Before the U.S. Supreme Court, McKinney will argue that the Arizona Supreme Court made two mistakes. First, when it reopened the case, the Arizona Supreme Court should have applied the current law, requiring a jury (rather than a judge) to make the factual determinations relevant to a death sentence. Second, the Arizona Supreme Court should have given McKinney the opportunity for a new hearing to present mitigating evidence, rather than simply reading the trial transcript.

Our friend of the court brief: The U.S. Supreme Court helped build a consensus under international human rights law that people like McKinney must have a fair chance to present all their mitigating evidence

Our amicus brief sheds light on the connection between Article 6 of the International Covenant on Civil and Political Rights—a treaty the United States ratified in 1992—and McKinney’s case. Our brief notes that the Human Rights Committee’s comments rejecting the mandatory death penalty are rooted in a consensus that began with a decision of the U.S. Supreme Court in 1976, which ruled that a mandatory death penalty law in North Carolina was unconstitutional.

Our Supreme Court’s reasoning in that case gradually helped build a consensus among national courts and international human rights mechanisms favoring individualized sentencing in capital cases. In 2009, for example, in a case that FHRI initiated, the Ugandan Supreme Court struck down that country’s mandatory death penalty for murder, and earlier this year the Ugandan parliament adopted a law eliminating several provisions rendering the death penalty mandatory. Kenya’s Supreme Court followed Uganda’s lead and struck down the mandatory death penalty in 2017. Malaysia is also taking steps to limit the mandatory nature of the death penalty.

Our brief cites the Ugandan Supreme Court as well as a long line of Human Rights Committee rulings recognizing that under Article 6, a person has the right to “individualized sentencing” where defense counsel may present evidence about the defendant’s personal circumstances as well as the circumstances of the crime.

Our brief also points out that the U.S. Federal Government has repeatedly assured the Human Rights Committee that in capital cases “the jury must be able to consider and give effect to any mitigating evidence that a defendant proffers.”

By the time I get off the plane, court-watchers will be sharing their spin on the oral argument, and by the end of the week, the Court will probably release a transcript I can read to get caught up. And then it will be a matter of waiting to see whether the Court will build on the foundation of international human rights law that it helped lay to ensure that McKinney finally has a chance to tell a jury his story.

Click these links to learn more about the death penalty in Uganda and Malaysia, and The Advocates’ death penalty work.

Amy Bergquist is Senior Staff Attorney with the International Justice Program. She is Vice President of the World Coalition Against the Death Penalty and represents The Advocates on the Coalition’s Steering Committee.

New Help for Volunteer Attorneys Representing Domestic Violence Survivors

Matter of A-B-

Imagine you suffered years of near daily physical, sexual, and psychological abuse from your husband in silence, knowing that every time you tried to escape, he found you and beat you worse for attempting to leave him.

Imagine he told you that you were his property and your role as his wife was to serve him for the rest of your life.

Imagine you go to the police, begging them to keep you safe. They refuse, saying that your husband has the right to discipline his wife how he chooses. Your husband finds out and beats you worse to punish you for going to the police.

Terrified, you flee with your children to the United States, determined to give them a better life. You have heard that, in the United States, people believe women should have the same rights as men. You hear that there are laws in the United States against domestic violence, and that the laws are followed.

After a dangerous journey, you finally reach the United States. You file for asylum, but while your case is pending the law protecting domestic violence survivors changes. Now you live in fear that you will be deported back to the nightmare you and your children fled.

This situation is the lived reality of many domestic violence survivors represented by The Advocates for Human Rights and our volunteer attorneys. In the summer of 2018, Attorney General Jeffrey B. Sessions issued a decision in Matter of A-B- that threw into question the well-established precedent recognizing a protected group for survivors of domestic violence whose home country governments did not protect them from their abusers.

Following the Matter of A-B- decision, many judges around the country have recognized that domestic violence survivors who cannot receive protection from their home country governments continue to qualify for protection. In too many cases, however, judges have used this decision to deny protection to women and children fleeing domestic and family violence.

To support the efforts of our volunteer attorneys and others in the Eighth Circuit arguing for protection of asylum seekers fleeing domestic violence, we have issued Gender-Based Asylum Claims in the Wake of Matter of A–B– A Supplement for Practice in the Eighth Circuit. Drafted with our pro bono partners at Gray Plant Mooty, this practice advisory includes extensive strategy guidance that advocates can use to protect their clients.

Please consider taking a pro bono case with The Advocates for Human Rights today. Your work can save the lives, and families, of domestic violence survivors.

By Alison Griffith, a staff attorney working for refugee and immigrant rights at The Advocates for Human Rights

Risking it all for Human Rights

Gretchen Piper speaking from Sarah Brenes
Volunteer Gretchen Piper speaking at a recent house party to support women’s human rights

Remarks from volunteer Gretchen Piper

Collectively, we risked nothing in attending tonight’s event—in coming together to advocate for others.

People around the world risk everything.

In July, Julianne and I attended a conference in Zagreb, the capital and largest city in Croatia. The conference was called by The Advocates for Human Rights. We were part of a team of 7 volunteers, trained by The Advocates, and assigned to collect the stories of 31 human rights defenders from 17 countries.

The first morning, we gathered in the hotel conference room at 8 a.m. Our first task was to find a coffee tin …

… to block cell phone signals.

Some participants worried their cell phones had been compromised, participants like Hanna from a Central European country. When her 8-year-old mobile phone was stolen during a lunch break, Hanna contacted her sister to let her know she was safe. She then activated her safety protocol to ensure that her phone was not compromised.

With the tin can secured, Julianne and I opened the conference with a talking circle. Our job was to quickly establish an environment of safety and trust—so people would share their stories.

As they did, a terrifying pattern emerged: the rise of populism and the radical right have fueled violence against women, the LGBT community and immigrants across the globe.

Participants shared harrowing stories of violence, of police ignoring hate crimes—of courts not enforcing laws that protect vulnerable communities.

What is as terrifying as the violence itself is this fact:

Violence. Discrimination. Human Rights Abuses. They are a tactic in a larger geopolitical effort to ensure that powerful global business interests have their candidates in elected positions of power.

Our new friends from Italy, Austria, Belarus, Serbia, Bulgaria, Russia, and Ukraine cited examples of extremist candidates elected by inciting fear of immigrants, of losing their “native” cultures, of ceding to gender politics.

The right is well organized, disciplined and well-coordinated … around the globe.

The right is a force we need to match, and The Advocates for Human Rights is on the forefront of that battle. With more than 20 years of experience in working with women’s groups in Europe, providing advocacy, legal training, and research, The Advocates is a trusted partner. They have a proven track record of leveraging skilled volunteers and building local capacity for action.

Rose and her team had prepared us well.

The conference galvanized the participants. They vowed to support one another, to reclaim human rights tools for rapid response to defend against false information and media attacks. To train lawyers, work with police and prosecutors, to learn effective communications strategies, to share resources and continue to meet—no matter the risks.

Two weeks after I returned home, I was sitting in my car, waiting for my kids to finish practice, thinking about what to make for dinner, what work I needed to finish. I picked up my phone and scrolled through the headlines.

In my news feed, was my new friend, Svetlana, an LGBT advocate in Russia whom I had met at the conference in Croatia.

Svetlana was speaking about her colleague, Yelena Grigoryeva, a well-known LGBT activist in Russia. Yelena had been found stabbed to death—murdered—outside her St. Petersburg apartment.

Days earlier, Yelena had gone to the police to report that she was on a “Gay Kill List.”

Just this past week, Svetlana, was in the news again. She and her colleagues in the Russian LBGT community were imploring the police and the ministry of internal affairs to solve Yelena’s murder—to find the people behind the Gay Hit List, a list published by an anonymous online group called Saw, after the American cult horror film. Saw continues their assault, offering cash for murders—and telling LBGT activists that unless they murder their own colleagues, they themselves will be killed.

Julianne and I don’t want to lose another friend, which is why we teamed up today to ask for your help.

Help people who are risking it all. Support The Advocates for Human Rights at TheAdvocatesForHumanRights.org/donate.

Gretchen Piper is a volunteer with The Advocates for Human Rights and President of Gretchen Piper, LLC, a consulting firm focusing on strategic planning, fund raising, and marketing.

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Domestic Violence Awareness Month: Remembering the Origins of WATCH

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Robin Phillips, Executive Director of The Advocates for Human Rights, presents Susan Lenfestey with the 2019 Golden WATCH Award

October is Domestic Violence Awareness Month, as well as the month in which Sheila Wellstone and her husband Sen. Paul Wellstone died in the crash of a small airplane in 2002.

For those who knew her, the two are forever linked, because Sheila was a leader in bringing awareness to the crushing impact of domestic violence.

A self-described ‘wrestling mom’, Sheila traveled the state with Paul during his 1990 senate campaign.  As she sat in coffee shops and VFW halls, she heard women talking about the abuse they suffered in their own homes at the hands of the men they thought loved them.  While economic dependency played a role, it was also a mix of fear and shame that shackled them to their abusers.

Recognizing these women and children needed laws and services to help them find safety and to break the cycle of violence, Sheila and Paul enlisted then Sen. Joe Biden to help them draft the bill that would become the Violence Against Women Act of 1994.

Meanwhile, 1991 saw the nomination of Clarence Thomas to the United States Supreme Court and the testimony of Anita Hill about the sexual comments Thomas had allegedly made to her when they worked together in a previous job.   The panel of male senators sniggered their way through her testimony like embarrassed schoolboys, and we know how that turned out. I still believe Anita Hill!

Shortly after that, the Star Tribune ran a series called “Free to Rape,” detailing the lenient sentencing practices in Minnesota in cases of rape and domestic assault.

In that series, a Hennepin County victims’ advocate said that she wished there was an organization like MADD to keep an eye on the courts.  “Until that happens, nothing will change.”

That article was the catalyst for WATCH (Women At The Court House, later condensed to WATCH), which I helped found later that year.  The mission was to make the courts more responsive and effective in handling cases of violence against women and children and to create a more informed and involved public.

The idea was simple: trained volunteers would monitor felony cases of sexual assault and domestic violence from arraignment through sentencing. They would note “objectively observable behaviors” of court personnel, such as timeliness, ability to he heard, attentiveness to the victim, apparent race of the victim and the defendant, amount of bail set, any upward or downward departures from the sentencing guidelines, as well as how much of the proceeding took place in the judges’ chambers.

Cases with unusual outcomes would be referred to staff for further research to develop a more complete understanding of the issues affecting the case.   WATCH looked for systemic patterns of behavior, not for the occasional misstep.

And yes, volunteers would carry clipboards because judges requested a way for them to be easily identifiable to them, but not to a jury.  Red clipboards were chosen because they were on sale the day we went shopping, not as an incendiary color to intimidate anyone (as one judge later charged)!

After one year, WATCH issued its first report, Hennepin County Criminal Courts, A View from the Outside, which was based on observing more than 1600 appearances in cases related to domestic abuse and criminal sexual conduct.  The report can be found here:

The report made recommendations on how the often-byzantine system could be more easily navigated by the public, especially victims and their families, as well as changes to certain policies that left victims exposed to more danger  As Hennepin County District Court Judge Daniel Mabley wrote at the time, “The report demonstrates that sometimes the best ideas for change come from “outsiders” who are not biased by the assumptions and history that often blinds insiders to the need or potential for change.”

Over the years, WATCH expanded into observing and reporting on similar cases at the misdemeanor level, conducted a multi-year monitoring and research project in child protection court, advocated successfully for a designated domestic violence court, monitored family court in order for protection hearings, compared sentencing practices in misdemeanor domestic violence cases in the suburban courts to those in the downtown court, worked to pass legislation making strangling a felony offense, not a misdemeanor, and much more.  Recently, WATCH expanded into Ramsey and Washington counties and issued two reports on the prosecution of sex trafficking in those jurisdictions.

But in the very early years, we were encouraged and guided by Sheila Wellstone. She moved behind the scenes to bring domestic violence out of the shadows. With others, including WATCH, she helped change the legal and cultural attitudes that viewed domestic violence as a family matter.

HRAD 2019 R Park & Susan Lenfestey Bill C photo
Rosalyn Park, Director of The Advocates’ Womens’ Human Rights Program, and Susan Lenfestey announcing that WATCH will become a project of The Advocates for Human Rights (June 2019)

WATCH recently became a project of The Advocates for Human Rights, and I cannot imagine a more perfect partnership.

Our work is cut out for us.  In 2017, 24 people in Minnesota died as a result of domestic violence, 19 of them women, the other five family members or friends of the victims.

All acts of violence are horrific, but violence in the home passes its toxic seeds on to the next generation, and the next after that. Children who grow up witnessing abuse have a difficult time breaking the cycle.

In October, we pause to remember those who have been silenced by an intimate partner, and to renew our commitment to end the pandemic of domestic violence.  And I’d add, to honor the courageous work of Sheila Wellstone.

To volunteer with The Advocates’ WATCH Project, please click here.

By: Susan Lenfestey, founder of WATCH, the court monitoring and judicial policy non-profit based in Minneapolis, MN. Susan is the 2019 Gold WATCH Award Recipient. 

 

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

Several Committee members posed questions. The Committee’s 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. We also provided more information about the government’s purported justification for the anti-terrorism law and possible alternative measures.

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.

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.

Sexual Education in Schools in the Republic of Moldova

Laura Vition

My name is Laura.  I am 15 years old and I am from the Republic of Moldova. I am a sociable person and passionate about different things such as traveling, reading, psychology, photos and blogging, film and social justice. This is my first post for Advocates for Human Rights blog and I want to share some of  my experience and thoughts about human rights and related issues specific to teenagers, such as cyberbullying, harassment and discrimination.

I have been volunteering for different organizations since I was 13.  My first volunteer experience was for one of the largest youth-led networks in Moldova which works with and for young people between the ages of 13 and 24 to advance and promote sexual and reproductive health and rights (SRHR) of adolescents and youth. I was 14 years old when I finished the training and became one of the Y – peer trainers. The trainers have to organize several public discussions on sexual and reproductive health and rights for their peers in their lyceums.

I have to say that education about sexual and reproductive health and rights is almost absent in Moldova. Moldova is a traditional country, where the influence of the church is very large. We do not talk freely about sex, sexuality, reproductive health, menstruation, contraception, mutual consent, etc. These topics are still considered taboo, and even indecent and dirty, especially if this interest or questions are coming from teenagers. We cannot discuss these subjects with teachers and parents because we are concerned about their reactions, which are usually negative. As my mother says, the same was true 25 years ago and nothing has changed. I thought that teachers who cannot talk about sexual and reproductive health and rights would welcome an organization with relevant experience in the field, so I decided to organize four informative lessons in my school.

The experience of talking in public about things which girls should not say was great and challenging at the same time. Some boys tried to intimidate me, telling jokes, ignoring, giggling or interrupting me, while others tried to encourage me to continue. The worst thing was the pressure from my teacher who was present for the last lesson. She did not interfere while several boys were laughing and asked the boys to leave the class when I was talking about menstruation. Furthermore, she said that the subjects were inappropriate, and talking about contraception at this age is a sign of immorality and indicates that you have already had sex. When this insinuation is coming from an adult who has power and authority is even worse. It sounds like permission for pupils to stalk somebody. Honestly, I felt so bad that after finishing the lesson that, when nobody could see me, I cried. The next day the teacher was called by one angry parent of a boy who said that these topics should not be discussed in the school. Even now, after several years, I am wondering why the adults are so afraid of talking about normal things, even more so than their children. In actuality, we view these things as normal, and even joke that we could provide some new information to our parents.

Nothing has changed since then except the increasing number of rapes, sexual harassment and pregnant teenagers. Of course, when something like this is happening the girl is the one to be blamed and the one whose life is changing dramatically. I know some of the politicians in our country have started to talk about the importance of  sexual and reproductive education, but they are still very reserved. I hope, however, that my generation will manage to push these challenging issues forward on the political agenda and get rid of the traditional influence.

By youth blogger Laura Vition. Laura is a high school student in Chisinau, Moldova.