The Advocates for Human Rights mourns the U.S. Supreme Court’s decision in the case ofUnited States v. Texas, which has blocked President Obama’s executive actions on immigration for nearly two years and put the lives of an estimated 5 million people and their families on hold.
International human rights standards recognize that the United States, like all nations, has the right to control its borders.
But that right is not without limits. The United States also has the obligation to ensure that every person within our borders enjoys the fundamental rights that lead to a life with dignity.
For the millions of undocumented Americans, those most basic rights are denied every day because they lack immigration status. Families are separated. Support for basic needs is denied. Fear of arrest and deportation is exploited.
The fight for administrative relief has been a painful one. Millions of families have deferred their hopes of living a stable and predictable existence, if only for a brief time, while the case wound its way through the courts. Families have been irreparably torn apart by deportations, leaving hundreds of thousands of U.S. citizen children behind.
Meanwhile, tens of thousands of Central American refugees have been put at risk by an administration determined to deter them from seeking safety by detaining them upon arrival and prioritizing them for deportation. These wounds can heal, but they will never be erased.
At the same time, this struggle has been a turning point for the movement, which has floundered since 1996 to read the political tea leaves and calibrate the compromises needed to pass “reform” bills that would reinforce, rather than reverse, the fundamental injustices embedded in the current system. Increasingly advocates, activists, and those affected by decades of injustice have united behind a powerful new vision.
National Immigration Law Center’s Marielena Hincapié, whose team has been leading the fight in U.S. v. Texas, tweeted recently, “We believe in a world in which all people can live with dignity.”
That vision is one of human rights. It takes as its starting point a recognition that each of us has the right to fundamental safety and security of the person – including a roof over our heads, food to eat, and health care when we need it. It also means freedom from arbitrary detention, a fair day in court, and the protection of the unity of the family. It recognizes these rights for every person without discrimination and it demands that failure to protect these rights be addressed.
Today, while we mourn the U.S. Supreme Court’s decision, we do so knowing that our vision is clear – that everyone, regardless of where they were born, has the right to enjoy the fundamental building blocks needed to live with dignity.
By Michele Garnett McKenzie, The Advocates for Human Rights’ Director of Advocacy and an experienced immigration attorney.
“The world, if left to its own devices, is balanced evenly between good and bad. Each of us has the ability to tip it.” Christof Heyns, UN Special Rapporteur on extrajudicial, summary or arbitrary executions.
Especially today, with the horrific news of the Orlando mass shooting capturing people’s attention, a ray of optimism is needed. That beam of light was mighty and bright at our Human Rights Awards Dinner this month when we celebrated and honored people who are tipping the world in the right direction.
Don & Arvonne Fraser Human Rights Award
Christof Heyns, UN Special Rapporteur on extrajudicial, summary or arbitrary executions, received the esteemed Don & Arvonne Fraser Human Rights Award for his work investigating and exposing some of the world’s most egregious human rights violations. The Advocates’ connection to Mr. Heyns’ work as a special rapporteur began in the 1980s when The Advocates developed the groundbreaking Minnesota Protocol, the first set of international guidelines for investigating suspicious unlawful deaths. Effective investigation is key to establishing responsibility and holding perpetrators accountable, but no international standards existed at the time that required governments to initiate or carry out investigations of suspected unlawful deaths. Read some of Mr. Heyns’ remarks and about the Human Rights Awards Dinner.
The UN adopted the Minnesota Protocol in 1991 with the official title, UN Manual on the Effective Prevention of Extra-legal, Arbitrary and Summary Executions. The manual, widely known as the Minnesota Protocol, has been used in myriad investigative contexts in almost every region of the world. Last year, Mr. Heyns asked The Advocates to help update the Minnesota Protocol with forensic, medical, and other advancements since the original publication. “The need for clear international standards that encompass the realities of human rights abuses in the twenty-first century has resulted in the current revision,” said Mr. Heyns.
In addition to his UN role, Heyns is professor of human rights law and director of the Institute for International and Comparative Law in Africa at the University of Pretoria, South Africa.
Special Recognition Award
David Wippman, Dean of University of Minnesota Law School, was honored with The Advocates’ 2016 Special Recognition Award in recognition of his career-long human rights work and his stewardship in the creation of the University of Minnesota Law School’s pioneering Center for New Americans.
The only program of its kind in the United States, the Center was designed to expand urgently needed legal services for non-citizens, pursue litigation to improve our nation’s immigration laws, and educate non-citizens about their rights. The Center has already seen notable successes, including a victory at the U.S. Supreme Court. The Center is made possible through a partnership between The Law School, The Advocates, Immigrant Law Center of Minnesota, Mid-Minnesota Legal Aid, and the law firms of Faegre Baker Daniels, Robins Kaplan, and Dorsey & Whitney.
“We honor Dean Wippman for changing the world and Minnesota for good and leaving our community a better place,” said Robin Phillips, The Advocates’ executive director.
Volunteer Recognition Awards
Mary Ellen Alden
Since Mary Ellen Alden began volunteering with The Advocates in 2012, she has represented 15 asylum seekers, including women fleeing domestic violence in Honduras and Ethiopia; political activists from Togo, Syria, and Ethiopia; and Oromo activists from Ethiopia. Her passion for justice for her clients is unparalleled.
For his bar mitzvah, Thomas Dickstein asked for donations to support The Advocates’ Sankhu-Palubari Community School in Nepal. When he traveled to Nepal and connected with the school’s students, he returned home fired up. Over time, Thomas led a book and backpack drive for the school, developed a PowerPoint presentation and a video to convince others about the school’s need and success. “Thomas sets a great example for all of us,” said Robin Phillips, The Advocates’ executive director. “Imagine what a world we would have if everyone followed his lead.”
Gray Plant Mooty
Led by attorneys Max Schott and Dean Eyler, the pro bono team at Gray Plant Mooty has taken on complex cases involving female genital mutilation, forced marriage, and levirate marriage (a widow forced to marry her deceased husband’s brother). Many of the cases required additional fact-finding and expert documentation to understand the nuanced nature of the harm their clients suffered and the cultural context of the country in which it occurred.
Their litigation expertise allowed them to draw out critical facts from the clients and piece together the claims in ways the court could understand. “We’re thankful for the team’s commitment, and we’re proud to count them among our volunteer award recipients,” said Sarah Brenes, director of The Advocates’ Refugee & Immigrant Program. The team includes Joy Anderson, Ashley Bailey, Sandra Bodeau, Nancy Quattlebaum Burke, Brian Dillon, Elizabeth Dillon, Dean Eyler, Hallie Goodman, Karli Hussey, Monica Kelley, Leah Leyendecker, Megan Martin, Craig Miller, Brianna Mooty, Max Schott, Amanda Sicoli, Nicole Strydom, Matthew Webster, and Scott Wick; and paralegals Jodee Marble, Tammy Mayer, and Gayle Schaub.
Henok Gabisa & Stinson Leonard Street
When Henok Gabisa asked The Advocates to submit a complaint to the African Commission on Human and Peoples’ Rights, The Advocates turned for help to Theresa Hughes, of Stinson Leonard Street, who assembled a fantastic team, including Neal Griffin, Marc Goldstein, Marcia Sanford, and Andrew Scavotto.
Mr. Gabisa had approached The Advocates because of Ethiopia’s persecution of Oromos, the largest ethnic group in that country. While for decades the Ethiopian government has persecuted them, the government in 2014 used lethal force to
respond to peaceful Oromo student protests. Protesters, some young teens, were arrested, detained without charge, and labeled terrorists.
Mr. Gabsia and Stinson team members in St. Louis and Washington, D.C. interviewed witnesses in the United States and abroad, prepared affidavits, tracked down first-hand information, prepared briefs, and ensured witnesses do not face retaliation. Their work to hold the Ethopian government accountable is changing the world for good.
A team of Thomson Reuters’ employees is being recognized for its research on Human Rights Council recommendations to assist with Universal Periodic Review lobbying. Members of the Thomson Reuters team include Mark Petty, Matthew Buell, Marianne Krljic, Ethan Wood, Blake Hatling, Bryan Bearss, Chelsea Reynolds, and Benjamin Petersburg.
Lobbying the UN Human Rights council is tricky. Human rights defenders need to know which countries will be receptive to certain issues, but countries’ priorities can be opaque, ever-changing. The Advocates needed a special research team, so it turned to Thomson Reuters. With a worldwide reputation for making complex legal information understandable and accessible, it is no surprise that Thomson Reuters created an amazing volunteer team to streamline The Advocates’ UN lobbying. Three times a year, team members pore through thousands of UN statements to identify countries that may be receptive to lobbying on women’s rights, the death penalty, and LGBTI rights.
“With a few clicks of the Thomson Reuters’ spreadsheet, we identify the countries to target for lobbying,” said Jennifer Prestholdt, director of The Advocates’ International Justice Program. “Their lists are spot-on, and they are changing the world for good.”
Suzanne Turner As coordinator of Dechert’s pro bono work, Suzanne Turner is central to finding eager volunteers to help The Advocates. She even recruited her school-aged daughter to blog about women’s human rights. She also traveled with The Advocates twice to the other side of the world to conduct fact-finding and to document how to strengthen Mongolia’s response to domestic violence.
“Suzie lives our mission,” said Rose Park, Director, The Advocates’ Women’s Human Rights Program.
You may never have heard of the Oromo people, the largest single ethnic group in Ethiopia. You might be surprised to learn that if you are a U.S. taxpayer, you are subsidizing their oppression.
On Tuesday, April 19, a Congressional commission named the Tom Lantos Human Rights Commission conducted a hearing on human rights conditions in Ethiopia. The Commission provides information concerning human rights to Congress, so it is particularly fitting that it should inquire into conditions in Ethiopia. That country has been a major ally of the United States and recipient of U.S. humanitarian and military aid for all of the years Ethiopia’s current regime has been in power. Since 2013, the United States has given in the range of half a billion dollars per year in foreign aid to Ethiopia, plus a much smaller amount of military aid, which means the United States is Ethiopia’s largest and most important source of foreign assistance.
In July 2015, President Obama visited Ethiopia, drawing widespread criticism from human rights groups for his warm words toward the country and his relatively milquetoast references to its abysmal human rights record. Obama said that the Prime Minister of what he referred to as the “democratically elected” Ethiopian government “would be the first to acknowledge that there is more work to be done” in the field of human rights.
Well, yes. The ruling party in Ethiopia won all 547 seats in Parliament following the elections that occurred just two months before Obama’s visit, and the “democratically elected” Prime Minister was allocated 100 percent of the vote. U.S. officials were prohibited from acting as election observers. The election featured denials of registrations for opposition candidates, while journalists were arrested and threatened. After the election, at least three opposition politicians were murdered, with no investigations conducted.
The government’s security forces employ murder and torture. In 2014, they fired into crowds of peaceful students who were protesting the government’s “land grab” for the benefit of international development interests, which would potentially displace an estimated two million Oromo. Dozens were killed. Many more were arrested and remain in prison. The killings continue. According to Human Rights Watch, relying on reports of activists, at least 75 protesters were killed by government security forces in November and December 2015, while the government only acknowledged five deaths. The actual figures are likely much greater than is known, since the government tightly restricts access to such information. There is no freedom of the press, no independent judiciary, no adherence to international human rights standards beyond lip service.
The Ethiopian government is adept at achieving the maximum oppression while drawing minimal attention to its human rights abuses. It signs onto numerous international human rights conventions, although it routinely violates them. It purports to allow local human rights organizations to exist, although its Charities and Societies Proclamation makes it largely impossible for them to operate by denying the organizations international funding.
Perhaps most impressive, the government masterfully plays the terrorism card. In 2009, it adopted the Anti-Terrorism Proclamation, allowing draconian treatment of persons accused of being “terrorists,” largely an arbitrary term for those opposing actions of the Ethiopian government and wishing to bring about change. The government frequently brands protesting Oromo and others as “terrorists” to justify imprisoning or killing them.
The Tom Lantos Commission should disseminate to Congress all possible documentation of the crimes of the Ethiopian government. In turn, Congress should find ways to be sure the United States ratchets up the pressure on its strategic ally far beyond clubby acknowledgements of “more work to be done.” The spigot of international development money should not remain open without real and fundamental changes in the human rights environment in Ethiopia, beginning with an end to extrajudicial, summary and arbitrary killings; a release of political prisoners; restoration of a free press and independent judiciary; and the repeal or modification of the Charities and Societies Proclamation and the Anti-Terrorism Law.
By: James O’Neal, retired attorney and member of The Advocates for Human Rights’ board of directors, and Robin Phillips, the organization’s executive director. Deeply concerned about continuing human rights violations in Ethiopia, The Advocates has consistently raised concerns about the treatment of Oromos in Ethiopia at UN human rights bodies and with the African Commission on Human & Peoples’ Rights.
Pictured above: Amaanee Badhasso, International Oromo Youth Association’s president in 2014, accompanied The Advocates’ Amy Bergquist to Geneva that year to meet with the UN Committee on the Rights of the Child.
Read other blog posts about Ethiopia’s persecution of the Oromo by entering “Ethiopia” or “Oromo” in the blog’s search bar.
Sixteen-year-old Hanna Lalango was kidnapped as she was returning home from school on October 1, 2014. Her kidnappers gang raped her for several days before throwing her out on a street where, later, she was found unconscious. Hanna’s parents sought the best medical care they could afford to save her life. Unfortunately, she passed away on November 1, 2014. The Federal High Court of Ethiopia sentenced each of the suspects 17 years to life imprisonment.
In another case, Bemnet Geremew, a 28-year old lawyer from Addis Ababa, was strangled and beaten to death by her husband on the night of June 27, 2015. The two had been married for only two months. A few days after committing the crime, the husband handed in himself to the police. The case is still in the courts.
These two are among many high profile cases of violence against women that have prompted a social media outcry and significant activism. Unfortunately, the majority of violence against women crimes are either unreported to the police or receive insufficient attention from police or courts.
Violence against women is widespread in Ethiopia. A World Health Organization study found that almost 71 percent of Ethiopian women reported being subjected to physical/sexual violence by their intimate partners.
A decade ago, Ethiopia underwent extensive legal reform in an attempt to harmonize its laws with its constitution. Accordingly, the 2005 Criminal Code of Ethiopia defines and carries stringent punishment for acts of violence against women. Book Five, Title I, Chapter 2 of this code includes list of punishable acts of violence against women and girls, including female genital mutilation and trafficking women. The revised federal and regional family laws have also brought provisions that better protect the rights of women in marriage.
Ethiopia has also ratified numerous international and regional conventions that proscribe acts and practices of violence against women, such as the United Nations’ Convention on the Elimination of All Forms of Discrimination against Women and is a signatory to the Protocol to the African Charter on Human and Peoples’ rights on the Rights of Women in Africa (Maputo Protocol). The country has subscribed to a multitude of relevant international and regional consensus documents.
Despite these efforts in legal reform, acts of violence against women seem to be on the rise in Ethiopia. Proliferation of electronic or social media has helped expose some of these crimes that would otherwise be unreported. Every year thousands of young women are trafficked and subjected to labor and sexual exploitation. There is almost a total lack of state accountability when these crimes are committed. For instance, in September 2015 a 20-year-old university student was shot in cold blood and killed by an armed member of the federal police for simply failing to greet him as she walked by. No official apology was offered to her families and the public. The progress of the case is not yet announced.
The momentum of advocacy for legal reform and implementation that was being initiated and carried out by civil society organizations and the non-profit sector a decade ago has stagnated in recent years. Since the year 2010, there has been a dramatic fall in the number of non-governmental organizations working directly on women’s human rights. This phenomenon is primarily due to the civil society law that was issued in 2009 requiring all non-profit organizations to re-register as new organizations. Accordingly, charities and organizations are classified as under Ethiopian, Ethiopian-resident, and foreign. Ethiopian charities are those which source only up to 10 percent of their funds from foreign sources. In accordance to the proclamation, only these Ethiopian charities can engage in activities relating to “the advancement of human and democratic rights” and “the promotion of equality of …gender and religion.” Many organizations primarily funded by foreign sources failed to re-register foreseeing that they would not be able to bear financial burdens by using local sources. Those which have continued their human rights work are severely incapacitated as a result of financial constraints. It is extremely difficult to generate funds locally to fulfill the goals of these organizations. This law has also prevented the creation of potential human rights organizations that would work to protect women’s human rights. “One step ahead two steps back” can describe the momentum of women’s human rights in Ethiopia.
Regarding rights relating to violence against women, a state has duty to respect, protect, and fulfill. In this context, the Ethiopian state not only needs to respect and protect women’s rights, but it should also fulfill these rights. It also has an additional layer of obligation to create conducive atmosphere for local and international co-operation in the implementation of rights.
The causes of violence against women in Ethiopia emanate from deep-rooted discriminatory culture against women. It requires multi-sectoral efforts such as education, advocacy, and appropriate law enforcement. The state cannot do all these by itself. Therefore, it must amend restrictive laws, such as civil society law, to engage other actors to promote and protect women’s human rights. In lieu of that, the state tampers with the rights of women to be protected from acts and practices of violence.
By: Attorney Mekdes Fisseha Libasie is an intern with The Advocates for Human Rights’ Women’s Human Rights Program. She has taught and practiced law in Ethiopia. Mekdes obtained her law degree from Addis Ababa University, Ethiopia. She also has LL.M degree in Public International Law from University of Oslo, Norway. Currently, she is finalizing a research degree at the University of Surrey, UK.
Today marks the formal end of the U.S. government’s second Universal Periodic Review of its human rights record at the Human Rights Council in Geneva. But on many important issues, it’s really just the beginning of many years of work to implement the United States’ human rights obligations.
During the interactive dialogue part of the UPR in May 2015, the U.S. government received 343 recommendations from countries around the world. Today the government formally responded to each of them, stating whether it accepted, accepted in part, or noted (diplomatic UN-speak for “rejected”) each one. At the Human Rights Council in Geneva this morning, Deputy Assistant Secretary of State Scott Busby acknowledged that the United States hasn’t “been perfect in our efforts, and we still have many challenges.”
Those lobbying efforts were successful. For example, 45 countries presented recommendations to the United States on the death penalty, and 23 offered recommendations on the rights of non-citizens. The Advocates lobbied nearly every country that made recommendations on those issues.
Here are some highlights from those 343 recommendations, and the U.S. government’s responses:
Transparency on lethal injection drugs
Some of the U.S. government’s responses were discouraging. Knowing that the government was not likely commit to abolishing the death penalty, The Advocates lobbied France and many other countries to highlight the issue of state laws and practices that keep secret the identity and sources of drugs used in lethal injections. Transparency regarding the types of drugs used and the sources of those drugs is increasingly important in light of the Supreme Court’s June 2015 decision in Glossip v. Gross, which places additional evidentiary burdens on individuals seeking to challenge the proposed method of their execution as a violation of the Eighth Amendment.
During the interactive dialogue in May, France took up our issue, recommending that the U.S. government “[c]ommit to full transparency on the combination of medicines used during executions by injection.” Today, however, the U.S. government formally “noted” that recommendation, providing no explanation other than its position that the death penalty comports with our country’s human rights obligations.
In explaining the government’s decision to reject calls from 37 countries around the world to abolish–or at least consider a moratorium on–the death penalty, Deputy Assistant Secretary of State Busby told the Human Rights Council:
I’d also note that we received numerous recommendations–including from Ecuador, Austria, Lithuania, Congo, Nepal, and many others–concerning our administration of capital punishment. Domestic civil society also raised capital punishment as an issue of concern. While we did not support the majority of the recommendations on this topic, we respect those who made them. Our continuing differences in this are a matter of policy, and not what the rules of international human rights law currently require.
Racial bias and wrongful convictions
The U.S. government made some important pledges concerning the death penalty today. For example, we lobbied Angola and Poland about racial bias in the administration of the death penalty and about wrongful convictions. The government accepted these recommendations:
Angola: Identify the root causes of ethnic disparities concerning especially those sentenced to capital punishment in order to find ways [to] eliminate ethnic discrimination in the criminal justice system.
France: Identify the factors of racial disparity in the use of the death penalty and develop strategies to end possible discriminatory practices.
Poland: Strengthen safeguards against wrongful sentencing to death and subsequent wrongful execution by ensuring, inter alia, effective legal representation for defendants in death penalty cases, including at the post-conviction stage.
We also lobbied on the issue of compensation for victims of wrongful convictions. The U.S. government accepted, in part, a recommendation from Belgium to “[t]ake measures in follow-up to the recommendations of the Human Rights Committee to the US in 2014 with regards to capital punishment such as measures to avoid racial bias, to avoid wrongful sentencing to death and to provide adequate compensation if wrongful sentencing happens.” In its formal response, the government stated that it “support[s] consideration of these recommendations, noting that we may not agree with all of them.”
The U.S. government made several pledges on the detention of migrants, accepting a recommendation from Brazil to “[c]onsider alternatives to the detention of migrants, particularly children.” The government accepted, in part, a recommendation from Sweden to “[h]alt the detention of immigrant families and children, seek alternatives to detention and end the use of detention for reason of deterrence.” In its response, the government punted on the controversial use of immigrant detention to deter future migrants, but added that it is “working to shorten detention families may face while their immigration proceedings are resolved.”
One issue we lobbied on was the lack of due process in immigration removal proceedings. Honduras was particularly receptive to these issues, recommending that the United States “[e]nsure due process for all immigrants in immigration proceedings, using the principle of the best interest, especially in the case of families and unaccompanied children.”
Honduras is one of the main countries of origin for the unaccompanied children and families coming to the United States to seek asylum, so it was rewarding to see that government’s interest in the plight of its nationals.
In responding to Honduras’ recommendation, however, the U.S. government glossed over its international human rights obligation to ensure due process, instead asserting that “[n]oncitizens in the U.S. facing removal receive significant procedural protections.”
On the issue of the rights of children in immigration proceedings, the government ignored the fact that unaccompanied children have no right to a government-provided attorney, offering merely that “[t]he best interest of a child is one factor in determinations by immigration judges. [The Department of Health and Human Services] provides care and placement for children who enter the U.S. without an adult guardian, considering the best interests of the child in all placement decisions.”
Rights of migrants
Our lobbying and advocacy on the rights of migrants highlighted many of the findings in The Advocates’ groundbreaking report, Moving from Exclusion to Belonging: Immigrant Rights in Minnesota Today. One of the issues we highlighted was discrimination against and profiling of non-citizens. Iran, Mexico, and Nicaragua called for an end to discrimination and violence against migrants and non-citizens, among other targeted groups. In partially accepting these recommendations, however, the U.S. government glossed over migrants, describing efforts “to counter intolerance, violence, and discrimination against members of all minority groups, including African-Americans, Muslims, Arabs, and indigenous persons.”
Another issue we highlighted is excessive use of force by officials on our country’s southern border. Mexico called on the United States to “[i]nvestigate cases of deaths of migrants by customs and border patrols, particularly those where there have been indications of an excessive use of force, and ensure accountability and adequate reparation to the families of the victims.” The government accepted the recommendation in part, adding that it “cannot support parts of this recommendation concerning reparations.”
The U.S. government expressed its support for recommendations to “[r]eview in depth migration policy” (Congo), to “[f]urther improve the rights of immigrants” (Senegal), to give “special attention . . . to protecting migrant workers from exploitative working conditions, specifically in the agricultural sector” (Portugal), and to “[e]nsure the rights of migrant workers, especially in the sector of agriculture where the use of child laborers is a common practice” (Holy See).
But in responding to Algeria’s call to “[t]ake necessary measures to combat discriminatory practices against . . . migrant workers in the labor market,” the U.S. government ignored the obstacles immigrant workers face in combating discrimination. As we explained in our stakeholder report,
“immigrants who experience discrimination often do not complain, either because they are unaware of their rights under the law, because it is easier to leave the employer than to pursue a complaint, or, for undocumented workers, because fear of deportation keeps them silent.”
The U.S. government, in responding to Algeria’s recommendation, ignored these complexities, stating simply that “U.S. federal labor and employment laws generally apply to all workers, regardless of immigration status.”
The U.S. government may be breathing a sigh of relief that the UPR is finally over, but The Advocates and other members of civil society know that today is just the beginning. Now we begin the process of working with the government to implement the recommendations the government accepted. And we haven’t lost hope for those “noted” recommendations–surprisingly, research shows that governments often implement, at least in part, UPR recommendations that they formally reject.
The capsize of a ship overloaded with migrants seeking to cross the Mediterranean has galvanized attention on what The New York Times characterizes as a surge in refugees from throughout the Middle East and North Africa. With, as The Times reports, “about 17 times as many refugee deaths in the Mediterranean Sea from January to April compared to the same period last year,” the human tragedy unfolding is shocking, particularly to those of us who have never faced such a perilous choice.
Even European leaders who according to NPR’s Sylvia Poggioli have long been “pressed by anti-immigrant parties… are now facing a backlash for having neglected the humanitarian disaster taking place in the waters of the Mediterranean.” Italian Prime Minister Matteo Renzi struck a new note when he said: “We are asking not to be left alone. Our political priority is not just a security issue. We want to ensure the dignity of human beings and block human traffickers. The new slave traders of the 21st century must not believe that Europe considers this one of the least important issues on its agenda.”
The recognition that migration is more than a border security issue is one the United States needs to take seriously.
Several weeks ago NPR’s Steve Inskeep had a rather horrifying exchange with Simon Henshaw, the U.S. State Department deputy secretary charged with explaining how the United States’ is fulfilling its international refugee protection obligations despite its multifaceted deterrence strategy through a recently-opened process for Honduran children whose parents are permanent residents to enter the U.S. more quickly than the normal visa backlog allows:
INSKEEP: Does it bother you, though, that there may be a young person who asks
for help and then has to go away from a U.S. consulate and go back into the neighbor-
hood where their lives have been threatened?
HENSHAW: Yes, it does. But what really bothers me is the thought that that child
might take a risky journey through Mexico and come to the United States. So what
I want to do is make sure that our program addresses their situation as fast as possible.”
Yes, Mr. Henshaw, La Bestia is dangerous. But even more dangerous is abandoning the fundamental right to non-refoulement – to seek and enjoy asylum from persecution.
Last December NPR’s Robert Siegal summed up the Obama Administration’s official word: “if you, a child in Central America, try to come up North, you’ll be put in detention; you’ll be sent back; you’ll be flown back home.”
In a report released this month, Detention Watch Network traced the role of deterrence strategies in U.S. immigration policy, noting that the Obama administration’s “recent reliance on the deterrence justification to rationalize the long-term detention of asylum-seeking families marks a new level of aggressive and inappropriate use.”
The human rights violations endured by asylum-seeking families are numerous. Included in the (very long) list of violations flagged by The Advocates for Human Rights and Detention Watch Network in a joint submission to the UN last year was the growing use of detention to deter asylum seekers from seeking protection in direct contravention of international obligations. We pointed to Central American mothers and children seeking asylum being subject to arbitrary detention in a stated effort by the United States to deter asylum seekers from coming to the United States.
Detention and deportation to deter people from seeking asylum from persecution (in direct contravention of this fundamental human right) is not the only tactic being used by the United States. The Los Angeles Times reports that “under U.S. pressure, Mexico for the first time in many years has launched a wide crackdown on the migrants. More than 60,000 have been deported this year, as many as half in recent months, the government says.” Also on the deterrence menu: increased train speeds.
While the United States’ deterrence strategies violate international law by abrogating the right to seek asylum, the European Union’s shift toward targeting the traffickers is little better. As commentator Kenan Malik writes, replacing the border security narrative with a narrative of criminality is not the answer:
The traffickers are certainly odious figures, recklessly placing migrants in peril.
But what pushes migrants into the hands of traffickers are the European Union’s
own policies. The bloc’s approach to immigration has been to treat it as a matter
not of human need, but of criminality. It has developed a three-pronged strategy
of militarizing border controls, criminalizing migration and outsourcing controls.”
What, then, is the answer? Perhaps an immigration policy that includes the words “ensure human dignity” is a start.
When Human Rights expert Margo Waterval questioned the delegation from Croatia, I recognized her words; they came directly from The Advocates for Human Rights’ “one-pager.” Astonished, I turned around to look at Rosalyn Park, director of The Advocates’ Women’s Human Rights Program; she knew those words, too. The look on her face probably mirrored mine. Simply put, we were thrilled.
Rosalyn and I, along with The Advocates’ Croatian partner, Valentina Andrasek, and other volunteers of The Advocates, were attending the United Nations Human Rights Committee’s review of Croatia in Geneva, Switzerland. The responsibility of the Committee, which is comprised of independent experts on human rights, is to monitor the compliance of State parties to the International Covenant on Civil and Political Rights. The Committee examines reports and listens to statements by the State, as well as non-governmental organizations. At the end, the Committee addresses its concerns and makes recommendations to the State party in the form of “Concluding Observations.”
Starting in 2010, The Advocates has studied Croatia’s domestic violence laws in action. Together with its partner on the ground, Autonomous Women’s House Zagreb (AZKZ in Croatian), The Advocates’ lawyers have interviewed police officers, prosecutors, judges, counselors, and shelter staff about how the laws have worked in practice. In 2012, The Advocates published the comprehensive report, Implementation of Croatia’s Domestic Violence Legislation. Based on this report and updates from AZKZ, The Advocates and AZKZ submitted a parallel report on domestic violence to the Committee in advance of Croatia’s March 2015 review. The “one-pager” Professor Waterval quoted in her question to the delegation summarized this parallel report.
In its reviews of State parties, the Committee provides for input by non-governmental organizations, such as The Advocates and AZKZ. Valentina Andrasek, the director of AZKZ, made a presentation to the Committee summarizing our parallel report. We also participated in a forum for NGOs and Committee members. It was at that forum where we met Professor Waterval and gave her a copy of our “one-pager.”
Professor Waterval’s question to the Croatian delegation began with our words. “Research shows that men are the perpetrators of violence 95 percent of the time. Yet in Croatia, police arrest and charge women in 43.2 percent of the cases,” she said. She continued, using our words, and asked the Croatian delegation to respond and explain these “dual arrests.”
Over its two-day review of Croatia, the Committee considered many issues in addition to domestic violence. The Croatian delegation responded, but said little about domestic violence. The chairman of the Committee took notice. He said, in summary, “We all know domestic violence is about power and control, and I would like to hear Croatia’s answers to the questions that were asked about why police arrest the victims along with their abusers.”
Again, Rosalyn and I exchanged looks. Here before our eyes was evidence again that The Advocates and AZKZ, working together, helped focus the Committee on protecting victims of domestic violence in Croatia. The Committee recently issued its Concluding Observations based on its review of Croatia, and much of it reflects The Advocates’ advocacy and recommendations on domestic violence:
“While commending the State party for criminalizing domestic violence in its Criminal Code, the Committee notes with concern the inconsistent application of penalties due to the fact that domestic violence can also be defined as a misdemeanour. The Committee is concerned at reports of lack of investigation and prosecutions as well as lenient sentences imposed on perpetrators. In particular, the Committee is concerned at recurrent reports of dual arrests and convictions of both the perpetrator and the victim of domestic violence. The Committee is also concerned about the low number of women benefiting from the free legal aid system, the low number of protective measures issued and the lack of follow-up to protection orders, rendering them largely ineffective. Furthermore, the Committee is concerned about the lack of a sufficient number of shelters for victims of domestic violence. The Committee regrets the absence of statistical data on acts of domestic violence (arts. 3 and 7).
“The State party should:
“(a) Adopt a comprehensive approach to preventing and addressing violence against women in all its forms and manifestations;
“(b) Intensify its awareness-raising measures among the police, judiciary, prosecutors, community representatives, women and men on the magnitude of domestic violence and its detrimental impact on the lives of victims;
“(c) Ensure that cases of domestic violence are thoroughly investigated by the police, perpetrators are prosecuted, and if convicted, punished with appropriate sanctions, and victims are adequately compensated;
“(d) Eliminate the practice of dual arrests and convictions of both the perpetrator and the victim of domestic violence;
“(e) Ensure the issuance of effective protective orders to ensure the safety of victims and that measures are in place to follow-up on protection orders;
“(f) Ensure the availability of a sufficient number of shelters with adequate resources; and
“(g) Collect data on incidences of domestic violence against women and, based on such data, continue to develop sustainable strategies to combat this human rights violation.”
(The full Concluding Observations document may be found here.)
By Julie Shelton, attorney and long-term volunteer who The Advocates for Human Rights honored with its Volunteer Award in 2014. Ms. Shelton traveled in March to the United Nations in Geneva with The Advocates and other volunteers.
You can learn more about how to conduct advocacy at the United Nations in The Advocates’ new manual Human Rights Tools for a Changing World: A step-by-step guide to human rights fact-finding, documentation, and advocacy. Follow the link here for Chapter 9: Advocacy at the United Nations.