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Kathy Lenzmeier: Honoring the First Recipient of the Marlene Kayser Volunteer Award

Kathy Lenzmeier, The Advocates’ Marlene Kayser Volunteer Award Recipient

Kathy Lenzmeier, a longtime volunteer and former board member of The Advocates for Human Rights, is the first recipient of the Marlene Kayser Volunteer Award. The award was created as a legacy to Marlene and honors individuals who represent the gold standard of excellence in volunteerism, philanthropy, and advocacy.

For the past decade, Lenzmeier has been devoted to the mission of The Advocates and her commitment is evident through the impact she has had locally and internationally. Lenzmeier is currently retired from her work in the commercial insurance industry and, today, devotes a great deal of time and energy to working with The Advocates in protecting human rights. This month I had the opportunity to speak with Lenzmeier about her work with The Advocates and was amazed by her long-term devotion to serving her local community and its organizations.

Ten years ago, Lenzmeier became involved with The Advocates through their project supporting the Sankhu-Palubari Community School (SPCS) in Nepal. Lenzmeier became interested in Nepal when trekking in the mountains with a friend and so when she saw that The Advocates was involved with a school in the Kathmandu Valley, she immediately wanted to help. The Advocates partners with Educate the Children-Nepal to provide impoverished Nepali children in the Kathmandu Valley with a free education, daily meals, and health care check-ups. Lenzmeier first visited the SPCS in 2012 and has visited four more times since. It was a “very rewarding experience,” Lenzmeier said when describing the positive outcome of her volunteer work there: equal access to education regardless of background, gender parity, and a continued partnership with the school. During her trips to Nepal with The Advocates, Lenzmeier interviewed school leadership, teachers, and students about their experiences at the school and was able to spend time with community members. Lenzmeier’s most recent visit to the school was last fall: “One highlight was being able to see the alumni who came back to visit. There was a nurse, someone working in hotel management, an engineer and a teacher.” She added that she was moved by the fact that “many of these alums were traveling for their jobs to other countries as professionals rather than laborers.” Lenzmeier relayed to me that “today, the school has around 340 students enrolled… and that it only costs $250 to educate one child.”

In addition to her work on the Nepal project, Lenzmeier served on The Advocates’ Board of Directors for nine years, serving on the Development Committee and the Executive Committee. Kathy is currently chairing a committee focused on increasing the sustainability of the organization and the reach of its work. Beyond her work with The Advocates, Lenzmeier also contributes her time to multiple other Minneapolis-based organizations including the Boys & Girls Clubs of America and active in the local art scene.

Before ending the interview, I asked Lenzmeier if she had a favorite part about volunteering with The Advocates. She immediately responded that her favorite part of volunteering was the chance to work with the staff. “When I was on the board … I was most impressed by the staff – there isn’t turn over, they are so committed, they are so qualified.”  She then added that she admires “how careful [The Advocates are] with their money. How they can stretch a dollar so far in defending human rights throughout the world. And doing it locally, nationally, and internationally – it is very impressive.” While Lenzmeier admires the staff and the work done at The Advocates, The Advocates are beyond grateful to her and for her work.  

Thank you, Kathy, for all of the work that you do with The Advocates and in your community. The Advocates are excited to present to you the Marlene Kayser Volunteer Award for your continued commitment to human rights and social impact.

By Jenna Schulman, University of Pennsylvania sophomore and active volunteer for The Advocates For Human Rights.

The Advocates for Human Rights is a nonprofit organization dedicated to implementing international human rights standards to promote civil society and reinforce the rule of law. The Advocates represents more than 1000 asylum seekers, victims of trafficking, and immigrants in detention through a network of hundreds of pro bono legal professionals.

The Advocates For Human Rights Condemns President Trump’s Intention to Halt Immigration

On Monday The New York Times reported that President Trump said he would sign an executive order to temporarily halt immigration to the U.S. as the coronavirus outbreak continues to spread. Trump campaigned on shutting down immigration. From 2017’s Muslim Ban to last month’s order to illegally turn back asylum seekers without a hearing the administration has been ready to exploit any opportunity to isolate the United States.

By focusing on jobs, the president’s tweet plays into xenophobic tropes. But the facts are clear: 459,000 people immigrated to the United States last year; 22 million Americans filed for unemployment last month. At a time when the administration should be focusing on public health, safety and real economic issues, it is scapegoating immigrants yet again. “The administration’s immigration policy has consistently ignored federal law, international treaty obligations, fundamental human rights, and its impact on the human beings involved, including the immigrants, their families and the broader community,” said, Robin Phillips, executive director of The Advocates for Human Rights.

By Michele Garnett McKenzie, Deputy Director at The Advocates For Human Rights

The Advocates for Human Rights is a nonprofit organization dedicated to implementing international human rights standards to promote civil society and reinforce the rule of law. The Advocates represents more than 1000 asylum seekers, victims of trafficking, and immigrants in detention through a network of hundreds of pro bono legal professionals.  

Trick or Treat? The True Cost of Chocolate

child labor

Daniel Rosenthal/laif/Redux Image source

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While my son is getting ready to head out tonight to harvest Halloween candy, excited by the chance to lug a pillowcase full of chocolate bars around the neighborhood,I’ve been thinking about the children who harvest the cocoa that goes into the chocolate in his bag.

Because while he finds an evening of hauling candy a treat, I know that for the millions of kids his age working in the cocoa industry it’s anything but fun.

Research funded by the U.S. Department of Labor estimates that more than 2 million children are performing hazardous work in the cocoa industry in the West African countries of Ghana and Côte d’Ivoire, which account for about 58% of the world’s cocoa production.

The cocoa industry in these countries relies heavily on work performed by children, some as young as 5 years old, including WFCL (shorthand for the “worst forms of child labor” as defined by international law).

The work is dangerous, and it’s especially hard on children’s bodies.

“Working on cocoa farms can be hazardous, particularly for children, whose physical, mental, and psychological capacities are still developing. Children working in cocoa may work long hours, carry heavy loads, and use dangerous tools. Children may also be involved in spraying cocoa trees with pesticides or burning fields to clear them.”

A Tulane University report, commissioned as part of the accountability framework for the 2001 Harkin-Engel Protocol that was meant to end abuses in the industry, lays out the issue:

“Fifteen years ago, the West African cocoa sector came under increased scrutiny after media reports revealed incidences of child trafficking and other labor abuses in cocoa farming. On September 19, 2001, representatives of the international cocoa/chocolate industry signed the Harkin-Engel Protocol. Signing this agreement as witnesses were U.S. Senator Tom Harkin (D-IA) and U.S. Representative Eliot Engel (D-NY), the Government of Côte d’Ivoire, the ILO, and representatives of civil society. Based on ILO Convention 182, the Protocol’s principal goal was “to eliminate the worst forms of child labor (WCFL) in the cocoa sectors of Ghana and Côte d’Ivoire.”

Remarkably, child labor in the cocoa industry has continued to proliferate despite the signing of the Harkin-Engel Protocol in 2001. In 2008, DOL estimated that 1.75 million children were working in West African cocoa production. By 2013-14, that number had risen to 2.26 million children, including 2.03 million children found to be performing hazardous work in cocoa production in Côte d’Ivoire and Ghana.

The Tulane University study of the sector released in July 2015 found the following:

  • Côte d’Ivoire, the world’s leading cocoa producer, experienced large growth in cocoa production from 2008-09 to 2013-14.
  • Total output rose by over half a million tons, or over 40%.
  • The population of children 5-17 years living in agricultural households in Côte d’Ivoire’s cocoa-growing regions grew by about 180,000, or 5%.
  • The numbers of children working in cocoa production, doing child labor in cocoa production, and doing hazardous work in cocoa production grew by 59%, 48%, and 46% respectively.

What’s driving the growth?

In short, it’s us and our demand for cheap chocolate. The problem, of course, is that it’s not easy to harvest cocoa. It’s heavy, dangerous, delicate work. Fields must be cleared, planted, and tended. When the cocoa pods are ready, they must be harvested by hand, split open, and the seeds removed for drying. It’s time-consuming, labor-intensive work.

That kind of labor should come at a significant cost. But as with so many commodities, the prices are kept low by squeezing labor out of workers who are largely invisible to consumers through a complicated supply chain structure. Consumer-facing companies are driven by the competing demands of delivering rock bottom prices and sky-high profits. Those with massive buying power – like Mars, Hershey’s, and Nestlė – are able to bid down the prices of commodities like cocoa with their suppliers, who make up for low prices by paying less – or sometimes nothing at all – for the work.

Supply chain dynamics are of growing concern in the anti-trafficking movement. The seriousness of the global supply chain’s impact on workers was highlighted in the State Department’s 2015 Trafficking in Persons Report, and 2010 legislation in California, the Transparency in Supply Chains Act, now requires certain companies to report their specific actions to eradicate slavery and human trafficking in their supply chains.

We see the effect of this kind of price pressure on wages here in the United States. Retail cleaners in Minnesota, for example, have been squeezed by the low contracts bid by stores which result in wages as low as $4 per hour. Workers organized by CTUL have set a November 10 strike deadline for contracted cleaners. Farmworkers in Florida’s tomato fields, facing the same structural barrier to fair earnings, used pressure on major retailers to increase the per/pound rate for tomatoes by $.01, resulting in a substantial step toward a fair wage.

But the kids harvesting cocoa don’t have that option. Sometimes sold for the equivalent of $30, sometimes kidnapped, they don’t have the power to stage a boycott.

That’s why earlier this fall a lawsuit alleging the use of the worst forms of child labor in the production of Nestlé, Hershey’s, and Mars chocolate products was filed by consumers in California. It’s not the first time that the companies have faced litigation over their labor practices, but this class action is the latest effort to pressure the chocolate industry to fix a problem it has known about for more than a decade.

Forced labor yields approximately $50 billion in profits annually according to estimates by the International Labour Organization. Included are profits derived from what are considered the worst forms of child labor, or WFCL, such as that used in the cocoa industry.

There are bright spots: While the number of children in West Africa’s cocoa production increased in the past five years, Ghana actually managed to reduce, albeit slightly, its numbers during that period.

So what will I do this Halloween? I’m not entirely sure. But I know I’ll start with a conversation.  To end this problem of child labor in the cocoa industry, more consumers need to know about the true cost of the chocolate they are buying.

By Michele Garnett MacKenzie, The Advocates for Human Rights’ Director of Advocacy

More Resources to Learn about Child Labor in the Cocoa Industry:

The Dark Side of Chocolate – 2010 documentary by Miki Mistrati & U. Roberto Romano. In 2012, they produced a follow-up film called Shady Chocolate. The Shady Chocolate website includes an interactive cacao map and information how to write letters to the industry via the International Cacao Initiative.

Slave Free Chocolate has a list of ethical chocolate companiesFood Empowerment Project’s Chocolate List is also available as a free smartphone app.

Serious Concerns About Lack of Access to Counsel for Asylum Seekers

Child from HondurasU.S. Senator Al Franken has called on Secretary of Homeland Security Jeh Johnson to ensure access to counsel for asylum seekers held in family detention centers. Joined by 18 Senate colleagues, Sen. Franken raises serious concerns regarding reports that U.S. Immigration Customs and Enforcement (ICE) is interfering with the ability of asylum-seeking mothers and children to access legal representation. Recently, individual volunteer attorneys, who had travelled to the privately-owned prison in Dilley, Texas where approximately 2000 Central American refugee women and children are detained,were barred from entering to provide  pro bono representation.

Access to counsel can be the difference between life and death for asylum seekers in the United States. Asylum seekers who have lawyers are more than three times as likely to be granted asylum as those who do not.  Having an attorney is “the single most important factor” affecting the outcome of the case. Yet individuals in immigration detention face the biggest challenge in obtaining legal representation.  The American Bar Association estimates that a whopping 84% of immigration detainees nationwide were unrepresented in their removal proceedings.

At the international level, The Advocates for Human Rights drew attention to the appalling lack of access to counsel for asylum seekers during the UN reviews for U.S. compliance with its obligations under the International Covenant on Civil and Political Rights, the Human Rights Council’s Universal Periodic Review, and the Convention Against Torture.  Most recently, The Advocates raised the continuing failure of the U.S. to recognize asylum seekers from Central America’s northern triangle in its statement to the UN Human Rights Council during a September 28 interactive dialogue on the impact of the world drug problem on the enjoyment of human rights:

As an NGO that provides free legal services to asylum seekers in the United States, we would particularly like to draw attention to an issue that we see on a daily basis: the impact that violent transnational criminal gangs in Central America, fueled by profits from the trade in illegal drugs, have on the lives Central Americans, forcing thousands of women and children to flee and seek safety in the U.S.

Transnational gangs extort, threaten, and forcibly recruit people living in strategic drug trafficking corridors. States in the region are ill-equipped to deal with crimes by these gangs, leaving victims unprotected from serious harm, including torture, disappearance, sexual violence, and murder. And the violence continues to grow, as gangs seek to solidify their control over valuable drug trafficking routes.

For example, gang members threatened to kill one of our clients, who I’ll call “Teresa”, after her family could no longer afford to pay protection money for the family business. Armed gang members abducted her, threw her into a truck, and took her to the leader’s house, where he beat and raped her. Left with no choice but to flee, she sought asylum in the U.S.

Yet the U.S. violates the fundamental rights of asylum seekers like Teresa by failing to recognize victims of transnational criminal gangs as refugees, even when such gangs operate as quasi-state actors that routinely torture, rape, and kill those who resist support or recruitment.

Asylum seekers face other violations, including arbitrary detention and prosecution for illegal entry. Mothers and their children are detained in difficult conditions pending preliminary credible fear determinations in two privately-owned prisons where attorneys have been denied access to clients and even summarily barred from the facilities.

The Advocates for Human Rights calls upon:

  • the Human Rights Council to include this issue in the discussion about the impact of the world drug problem on human rights;

  • the United Nations member States to ensure that their national drug policies consider the impact on the human rights of affected individuals and their countries; and

  • the U.S. to end family immigration detention and expedited removal procedures and to treat all asylum seekers in accordance with international standards.

See The Advocates’ volunteer Dr. Bill Lohman deliver the oral statement to the Human Rights Council:

In July, The Advocates launched a bilingual National Asylum Help Line to connect families released from U.S. immigration detention centers like the one in Dilley with free legal services. Migrants are encouraged to call the Help Line at 612-746-4674 to receive basic legal screening, information about the legal process, and referrals to agencies in areas in which they live.

By Michele Garnett MacKenzie, The Advocates for Human Rights’ Director of Advocacy, and Deputy Director Jennifer Prestholdt

“The Advocates for Human Rights, You Have The Floor…”

The location is Geneva, Switzerland, on the floor of the United Nations Human Rights Council in the Human Rights and Alliance of Civilizations Room at the Palais des Nations. I have pushed the large button on the microphone unit in front of me. The red disc around my microphone has begun to glow, signifying a live mic. If I dared to look up, I would no doubt see myself on one of the two big screens at the front of the room – staring down, wide-eyed, at the printed page before me.  In front of me are delegates from all of the nearly 200 UN member states, seated in alphabetical order with the current Human Rights Council members seated in the inner half-circle at the front. The black on white-lettered placard at my seat reads “Orateur ONG” (French for “Non-Governmental Organization Speaker”). I have practiced delivering The Advocates for Human Rights’ oral statement; the familiar text on the printed page clutched in my hands steadies me.

I am delivering The Advocates’ oral statement on the implementation of the Vienna Declaration and Programme of Action (VDPA), adopted in 1993. The VDPA, one of the alphabet soup of conventions and declarations relevant in the field of international human rights, contains strong language regarding women’s rights and domestic violence, and The Advocates for Human Rights is using this debate at the Human Rights Council regarding ongoing implementation of the VDPA to point out that there is still much work to be done.

I greet the Council leadership, and begin:

“Domestic violence violates a woman’s right to life, liberty and security, equal protection, and freedom from torture and discrimination. Strong laws are essential for women’s full and equal participation in all aspects of life, and for governments to meet their human rights obligations, they must have effective legislation and practices that promote victim safety and offender accountability.”

This about sums it up for me, and seems a pretty succinct statement of what drew me to the Advocates in the first place: The idea that legal reform needs to lead societal change. In other words, real social change can only happen when the law is on the side of the victim, not the abuser.

We were in Geneva, ten volunteers led by The Advocates’ staff, to continue this important work, and hopefully move the needle, at least a little bit, on issues ranging from domestic violence in places as far flung as Honduras and Mongolia, to the death penalty and the rights of migrants in the United States. We were joined by partners from other international NGOs in this important task. Overall, The Advocates submitted ten stakeholder reports on human rights issues in eight different countries as part of this cycle of the Human Rights Council’s Universal Periodic Review, and participated in other proceedings such the Human Rights Committee (a UN treaty-monitoring body) review of Croatia’s implementation of the International Covenant on Civil and Political Rights. (You can read more about that review here.)  

I had two minutes for my statement. Members of the Human Rights Council (forty-seven countries sit on the Council at any given time) are allotted three minutes per topic; non-members and NGOs get two. In practice, I had been wrapping up with about three seconds to spare at what I considered an appropriate speaking pace. The consequences of going over time seemed to vary from being gaveled out of order, to having your mic cut, to receiving a tap on the shoulder from the gentleman in the earpiece standing behind you. I had no desire to find out which of these would be applied to me.

My internal mantra is “cool, calm and collected” as I speak about the issue of victims of domestic abuse being forced to prosecute their abusers on their own in private legal proceedings, and then the problem of “dual arrests,” where abuser and victim are arrested together. As I finish running through a list of actions member countries could take to combat these problems and thank the Council, I finally look up: The clock on the screen shows seven seconds remaining before resetting to zero. Although my voice has remained calm, I notice that I am still maintaining a death grip on the microphone button. I release it and my red microphone light fades to black.

I am honored to have been among the group of dedicated lawyers and human rights activists traveling with The Advocates to Geneva, and even more so to have had this opportunity to address a full session of the Human Rights Council. The Advocates has built itself as an organization that utilizes its volunteers to full capacity, but this experience has been life-changing for me, as well. Thanks to The Advocates and to my wonderful, engaging and talented traveling companions!

By Steven Clay, attorney and volunteer with The Advocates for Human Rights.  Mr. Clay traveled in March to the United Nations in Geneva with The Advocates and other volunteers.

Read the full text of The Advocates for Human Rights’ oral statement, delivered by Mr. Clay, below:

Please check against delivery

Speaker: Mr. Steven CLAY

Item 8 (General Debate)

March 23, 2015

 Mr. President/Madam Vice President:

The Vienna Declaration and Programme of Action stressed “the importance of working towards the elimination of violence against women in public and private life.” Domestic violence violates a woman’s right to life, liberty and security, equal protection, and freedom from torture and discrimination. Strong laws are essential for women’s full and equal participation in all aspects of life, and for governments to meet their human rights obligations, they must have effective legislation and practices that promote victim safety and offender accountability.

This means ensuring that domestic violence is criminalized and prosecuted by the government. Some governments, however, do not treat domestic violence as a public crime. Laws too often force the victim to privately prosecute the domestic violence she has suffered –meaning she must either hire a lawyer, or else prosecute and navigate the criminal justice system by herself. By treating domestic violence as a private crime, states fail to hold offenders accountable.

Another major problem is dual arrests, in which victims are arrested alongside their abusers. Dual arrests happen for several reasons. First, some laws classify psychological violence equal to physical violence. Authorities treat insults and name calling as domestic violence. They arrest both parties even if the victim only quarreled while the offender physically beat her. Second, authorities do not identify the primary aggressor or self-defense injuries; they will arrest a woman who has defended herself from violence. But we know that when a victim is arrested when she calls for help, she will never call the police for help again.

So, how can member states remedy these kinds of problems facing women?

First, The Advocates for Human Rights calls on member states to promote good legal reform. Good laws are the foundation of victim protection and offender accountability.

Second, ensure authorities receive trainings conducted in consultation with NGOs that best know victims’ needs.

Third, promote continual monitoring of how these laws are working in practice so legislation can be amended and responses customized to address these issues.

Finally, ensure adequate funding and support for victims, including shelters, hotlines, legal aid, and other services.

Taking measures such as these are critical steps to help fulfill implementation of the Vienna Declaration and Programme of Action. Thank you.

Human Rights Tools for a Changing World

Change the World front coverThe Advocates for Human Rights’ Executive Director Robin Phillips is in London today speaking about The Advocates’ human rights monitoring work at the International Bar Association’s colloquium on “Rule of Law Fact-Finding by NGOs: Monitoring Standards and Maximising Impact”.

This international convening to explore the standards and impact of non-governmental organization (NGO) fact-finding on human rights violations is also an appropriate setting to introduce The Advocates’ latest publication:

        Human Rights Tools for a Changing World:  A Step-by-Step Guide to Human Rights Fact-finding, Documentation and Advocacy 

Human rights advocacy takes many forms, and human rights activists can be found in every corner of the world.  Human Rights Tools for a Changing World was created with the express purpose of providing advocates of all backgrounds and experiences a full range of tools and resources to promote human rights in a changing world.

This manual provides practical, step-by-step guidance for individuals and community groups who want to use human rights monitoring, documentation, and advocacy in their work to change policy and improve human rights conditions throughout the world. From framing an issue in terms of internationally recognized human rights standards to submitting a detailed complaint to an international human rights body, advocates can use this manual to plan and implement their work. The manual is designed to aid advocates undertaking a variety of activities—from the relatively simple to the more complex. With background information, key questions to consider, case examples, and practitioner’s tips, this manual provides tools to combat human rights abuses and change social institutions and structures to promote the full realization of human rights.

The practice-oriented sections help advocates to do the following:

  • Monitor: identify ongoing human rights abuses and collect the information advocates need about these issues;
  • Document: analyze, present that information, and make recommendations within the framework of international human rights standards;
  • Advocate: choose and implement a strategy to bring the lived reality closer to the ideals proclaimed by international human rights treaties, including through advocacy at international and regional human rights mechanisms;
  • Address Impunity and Accountability: identify strategies and legal mechanisms i for holding perpetrators and governments accountable for human rights violations; and
  • Build Capacity to Improve Human Rights: develop a better understanding of the international human rights system, identify strategies for applying a human rights framework, and develop competence in setting up and effectively running an organization in safety and security.

The Advocates for Human Rights  is uniquely qualified to present the human rights tools in this manual. Human Rights Tools for a Changing World is grounded in the The Advocates’ daily work in human rights fact-finding, documentation and advocacy.  For more than 30 years, The Advocates has adapted traditional human rights methodologies to conduct innovative research and generate human rights reports and educational trainings designed to bring laws, policies, and practice into compliance with international human rights standards. The Advocates has monitored human rights conditions and produced more than 75 reports documenting human rights practices in dozens of countries around the world on a wide range of human rights issues.

The contents of this manual were also shaped by the requests for assistance and guidance that The Advocates routinely receives from human rights defenders and others seeking to change human rights conditions in their communities throughout the world. Partnership on projects identified and led by local organizations is a powerful means to effectively implement human rights work in the field. At The Advocates, we view our constituencies as partners and form enduring working relationships with organizations and community groups in the U.S. and around the world.

The Advocates’ participatory model of working with in-country civil society organizations to document human rights abuses and coordinate advocacy for change has also demonstrated to us the critical importance of having access to a wide range of human rights tools.  Flexibility is key; there is no “one size fits all” human rights methodology.  Activists need a full menu of strategies and resources so they can choose the ones that will work best in each specific context. With the right tools, real human rights improvements are eminently possible.

We hope that that Human Rights Tools for a Changing World will benefit and be used by human rights defenders and civil society organizations throughout the world. Because every person matters.

Download your free copy at:  TheAdvocatesForHumanRights.org/Change

Individual chapters and appendices can also be downloaded individually.

By:  Jennifer Prestholdt, Deputy Director and Director of  the International Justice Program at The Advocates for Human Rights