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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

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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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International Women’s Day 2019: Think Equal, Build Smart, Innovate for Change

The theme for International Women’s Day 2019 is Think Equal, Build Smart, Innovate for Change. According to UN Women, this theme challenges us to think about how we can “advance gender equality and the empowerment of women.” This objective reflects that envisioned by Sustainable Development Goal 5, which recognizes that although discrimination against women and girls is decreasing, gender inequality persists and continues to deny women and girls basic human rights and opportunities. As we look at laws and practices around the world today, there are still laws that actively discriminate against women. Many countries still retain lists of prohibited jobs for women – banning them from jobs such as a truck driver, factory worker, metal welder, deck hand or barring them from working above certain heights or during night hours. In countries where economic opportunities are scarce, removing these employment opportunities from women’s reach hinders their empowerment, advancement and economic independence. For example, Russia bans women from 456 types of jobs, Ukraine bans women from 458 jobs, and Kazakhstan bans women from 287 jobs. These countries are rich in natural resources and therefore employment opportunities in those fields, yet the lists of banned professions often include jobs found in the extractives industries.

promoting_gender_diversity_and_inclusion_in_the_oil_gas_and_mining_extractive_industries
At the request of the UN Group of Experts on Coal Mine Methane, The Advocates has undertaken research to examine the benefits of female inclusion and ways to support women in traditionally male-dominated industries, specifically the extractive industries of oil, gas, and mining. The report, Promoting Gender Diversity and Inclusion in the Oil, Gas and Mining Extractive Industries, demonstrates the numerous benefits that women and diversity bring to industries, including a larger talent pool for recruitment, greater profitability, improved performance, better safety records, and overall economic empowerment to women and communities. For example, it is well-documented that female inclusion boosts company profits. Companies ranking in the top 25 percent for gender diversity are 15 percent more likely to have “financial returns” higher than the national industry medians. Companies with more women employees and gender-diverse teams have better teamwork, communication, and greater creativity in solving business and technical problems than homogenous work forces, and women are more likely to use teamwork and cooperative approaches that draw on the skills and resources of a broader network. The report also addresses challenges that women face – both legal and in the workplace setting – that hinder their full participation in the workforce. The report concludes with recommendations to both states and private companies on how to promote gender diversity and inclusion, with the priority recommendation to repeal laws that discriminate against women in the workplace and in private life.

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

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Representing Women Seeking Asylum in the US: Gender-Based Persecution

In reSVAW logo copypresenting several women seeking asylum in the US based on gender-based persecution, I have learned a lot and had some of my most memorable experiences as a lawyer.

  • “Nancy” is a woman from Guinea who was subjected to female genital mutilation at thirteen, and again at fourteen, and then the victim of persistent violence and rape by her husband that family, friends, her doctor, and the police were unable or unwilling to stop. She twice fled the country, but her husband found her and forced her to return home, which only led to escalating violence and prolonged imprisonment.  Her family counseled her to “accept” this treatment, and the police refused to intervene because her husband was a high ranking member of the military police.  She escaped to the US, was granted asylum, and is working to reunite with her children.
  • “Donna” is a woman from Cameroon who was the victim of levirate marriage. She was viewed as property of the family, since a dowry had been paid, so after her husband died she was required to marry one of her brothers-in-law.  When she refused, she was sexually assaulted, told she would “get used to it,” and her family and business were threatened.  She escaped to the US, was granted asylum, and has reunited with her children.
  • “Janet” is a woman from Kenya who was the victim of female genital mutilation. She was seeking protection for herself, and also to prevent having to take her daughter back to Kenya where her family would require that her daughter also undergo female genital mutilation.  She was granted withholding of removal, so that she and her daughter are safe in the US.
  • “Francis” is a woman from The Gambia who was the victim of female genital mutilation, and who sought to avoid a forced marriage to a much older man. She had secretly acted as an activist working to educate people about the risks of female genital mutilation, and her mother, at great risk to herself, persuaded her father to let Francis pursue her education.  In order to prevent the forced marriage, and to continue her education, she came to the US, sought and was granted asylum.

The primary reason these awful things happened to my clients is because they are women.  Female genital mutilation, forced marriage, levirate marriage, and ongoing domestic violence continues to happen because in some places women and girls are not viewed as fully human, endowed with the same rights as men. We should be proud that our legal system rejected that view, and instead found affirming their basic human rights worthy of protection.

A recent decision from the Attorney General has proposed to make it more difficult for women fleeing gender-based violence to get protection in the US. In Matter of A-B, 27 I&N Dec. 316 (A.G. 2018), the Attorney General invoked a rarely used power to certify to himself a case for decision so that he could change the law in this area.  In the case, the primary issue that had been litigated was whether the applicant was credible, and the Department of Homeland Security even had agreed that private violence like domestic violence that a government cannot or will not control can be a proper basis for asylum.  The Attorney General, however, reached out to decide a broader issue, which was whether, and under what circumstances, being a victim of private criminal activity constitutes a cognizable “particular social group” for purposes of an application for asylum or withholding of removal.  Though the holding of the decision narrowly overruled a previously-decided case from the Board of Immigration Appeals the Attorney General, largely through dicta, articulated and encouraged a very restrictive view of asylum law.  The decision posits that violence inflicted by private actors, rather than governments, is generally not the type of persecution that our asylum laws were intended to address.

There are many flaws, procedural and substantive, with the decision.  The odd procedure of the case suggests that the Attorney General was searching for a vehicle to render broad policy pronouncements to restrict asylum law.  The decision states that it is not minimizing the “vile abuse” that the woman in the case suffered in the form of domestic violence by her ex-husband.  Unfortunately, the way it elevates form over substance and erects barriers for women who have been so victimized suggests otherwise.  Most fundamentally, it applies a feeble, restrictive view of asylum law, somehow drawing perceived comfort from the rather hollow observation that “the asylum statute does not provide redress for all misfortune.”

I believe that gender-based persecution is indeed the type of harm that our asylum laws should work to address.  It is well-established in international law that states have an obligation to exercise due diligence to prevent, investigate, and punish actions by private actors. The U.N. Declaration on the Elimination of Violence against Women (DEVAW) states that governments are urged to “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by privates persons” (Art. 4(c)). General Recommendation No. 19 by the U.N. Committee on the Elimination of Discrimination against Women (CEDAW) also provides that states may be “responsible for private acts if they fail to act with due diligence to prevent violations of rights or to investigate and punish acts of violence.” In my experience, allowing the asylum laws to protect people deprived of their basic human rights by private actors because of their gender is a powerful way for this country to stand up for the dignity of all people.  When we see this harm not as mere private acts of violence but as systematic persecution, we affirm the importance of human rights for all people.  The Attorney General’s decision, which seeks to set aside years of development of the law in order to make it more difficult for women to obtain protection, is misguided.  It will make it more difficult for women like the ones that I’ve represented to be safe and free.

The decision will make it harder, but certainly not impossible, to win these cases.  There are still helpful cases from Circuit Courts of Appeals across the country that support gender-based claims from private actor persecution.  Advocates may need to present more arguments and evidence that demonstrate governments’ failure to prevent the harms inflicted by private actors.  Use of expert witnesses to present this evidence may also be needed in more cases.  While the Attorney General’s decision is a significant setback, there are still many claims based on private actor persecution that should prevail.

In 1788, George Washington wrote “I had always hoped that this land might become a safe and agreeable Asylum to the virtuous and persecuted part of mankind, to whatever nation they might belong.”  We know, however, that the history of the US regarding the protection of refugees has been uneven, vacillating between openness and prioritizing human rights to times where we have turned our backs to the persecuted and failed to live up to our country’s ideals.  At times like this when we fall back, lawyers can make a difference by standing up for victims of human rights abuses.  By helping asylum seekers overcome the new hurdles placed by the Attorney General, and hopefully restoring the law to embody greater respect for freedom and human rights, we can enlist ourselves on the right side of history.  I am so glad that Nancy, Donna, Janet, Francis and others like them are safe.  But today asylum seekers, particularly women who have been victims of private actor violence, are going to need help more than ever.

Dean Eyler is Principal and Intellectual Property Litigation Chair at Gray Plant Mooty and a volunteer attorney with The Advocates for Human Rights.

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Remembering and Honoring Our Remarkable Friend and Advocate, Marlene Kayser

Marlene Kayser

 

 

“My travels with The Advocates began with a trip to Beijing, China, in 1995, for the United Nations’ Fourth World Conference on Women. Experiencing the hope, beauty, determination, and power of the women there inspired me. I came home committed to work even harder for women’s rights.” – Marlene Kayser

 

 

 

 

We have lost an amazing Advocates’ family member, Marlene Kayser. Marlene served on the board, co-chaired our Women’s Program advisory committee, and volunteered for more than 20 years. Volunteers are the lifeblood of the organization and no one exemplified this value more than Marlene. Starting with our delegation to the United Nations Fourth World Conference on Women in Beijing, China, Marlene set the gold standard for volunteers. That event was an extraordinary gathering of women from every corner of the world. One of our goals was to learn as much as we could about the global women’s human rights movement. Marlene was a master connector and networker. She helped us establish and foster relationships that are still an important part of our work today.

Marlene was a tireless advocate. She rolled up her sleeves and got the work done at the same time inspiring the rest of us to keep going. Marlene worked in countries transitioning to democracy after the fall of communism in Central and Eastern Europe. She worked with us in Bulgaria to document sexual harassment and workplace discrimination. On another trip we documented domestic violence and the government’s response in Macedonia. The resulting reports from this research were used in advocacy to pass important new laws and policies protecting women in both of these countries.

Marlene was masterful in sharing her own experience with advocacy, organizing and fundraising. She also shared creative ideas with the rest of us that improved all our training skills. She was part of laying the groundwork for the amazing network of activists in the region today.

For more than 20 years, Marlene has helped steer our fundraising efforts at The Advocates. No job was too big or too small. She modeled the successful house party organizing that we now use with all of our programs.

Marlene took on making the silent auction at our annual awards dinner world class. She had the unique gift of knowing exactly what will appeal to people of all ages. It came to be known that “Marlene is always right.” Her baskets and item selections always got the most or highest bids.

It is not enough to work hard, but as Marlene taught us, we have a lot to learn from those who have more experience and we need to respect that expertise.

We will miss Marlene dearly.

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Remembering Our Friend and Advocate, Arvonne Fraser

Arvonne Fraser 2012

“I was ready for the new women’s movement when it emerged and turned my talents and experience to it. Defying expectations, taking risks, and seeking what I could do beyond near horizons became my sport…It’s thrilling to imagine the possibilities that await my grandchildren—and you readers. This is my story. I wrote it to encourage other women to live fully and write theirs.” – Arvonne Fraser (from her memoir entitled “She’s No Lady”)
 

The human rights world has lost a giant. Arvonne Fraser inspired women’s human rights activists across the globe. She encouraged multiple generations of women to find their voices to make their lives better and improve the world. She helped develop international standards for the protection of women and was a tireless advocate herself. In addition to work on international human rights, Arvonne leaves a long legacy in many different arenas, including government, academia, and nonprofit.

She and her husband, Don, influenced our work at The Advocates for Human Rights from the very beginning.  In their honor, the Don and Arvonne Fraser Human Rights Award is presented annually to an outstanding individual or organization promoting human rights. Arvonne’s legacy will live on through the many human rights activists she influenced, both in Minnesota and around the world. This year’s awardee, Jane Connors, spoke of the immense importance of her work in realizing the implementation of the human rights of women through the Convention on the Elimination of All Forms of Discrimination against Women.

“It is hard to overstate Arvonne’s impact. I have met people from the far corners of the world who when they learned I was from Minnesota, told me wonderful stories about how Arvonne has influenced them in their work,” states Robin Phillips, Executive Director of The Advocates for Human Rights.

We will miss Arvonne dearly.

Read the Star Tribune article about Arvonne.

Our Work: Eradicating Violence Against Women

Our Work: Eradicating Violence Against Women

Kofi Annan said this when he was secretary-general of the United Nations:

Violence against women is perhaps the most shameful human rights violation. And, it is perhaps the most pervasive. It knows no boundaries of geography, culture or wealth. As long as it continues, we cannot claim to be making real progress towards equality, development and peace.

Think about that: the most pervasive violation of human rights.

The Advocates for Human Rights, through our Women’s Human Rights Program—and indeed through all of our programs—has a proud history of standing up for women and fighting against gender discrimination and violence. We are fighting at every level.

In the immediate term, we help make women safe by bringing their asylum claims to get them away from their abusers and away from the governments that refuse to protect them.

We also help at the level of changing bad laws. In North Africa, we helped bring about the repeal of laws in Morocco and Tunisia that had allowed rapists to escape prosecution if they married their victims. We also were instrumental in getting Mongolia to make domestic violence a crime for the first time in its history, and in getting Croatia to recriminalize domestic violence after the government had actually taken it out of the criminal code.

Finally, we know that laws are of little use if they aren’t enforced, so we help at the level of monitoring and education. Here in Minnesota, we educated law enforcement and licensing personnel about sex trafficking, leading to a whole new focus on prosecuting the traffickers rather than the victims of trafficking. Because of this work, more than 20 different Minneapolis businesses that were fronts for sex trafficking were identified and closed.

But we all know how much more must be done. Beating and torture of domestic partners is still too often, in too many places, thought of as a family matter, and governments won’t intervene. Vladimir Putin’s Russia has decriminalized domestic violence just as Croatia did, and is also targeting and successfully shutting down human rights organizations there by claiming they are spies.

Then, of course, there is our own country, which has proclaimed by attorney general fiat that even horrendous domestic violence without government recourse should not be grounds for asylum, arresting and jailing, with “zero tolerance,” adult refugees and their children who present at our borders with a legal claim to asylum—people whose only “crime” was to flee beatings or rape or torture and seek a better life in America.

We have to help all women who suffer violence and abuse, but we cannot do our work without your help. Our budget is tiny compared to the impact we’ve had. That’s because our model is to bring the extraordinary resources of our community, including many of the best and the brightest activists and lawyers, to achieve far more than our small size and budget suggest that we could. The only thing that limits us is having the resources to train, coordinate and support even more of this amazing talent.

Many of us see the horrific things on the news and ask ourselves, “What can I do?” Here are two things you can do right now. First, call your Congressional representative to express your outrage over what our country is doing at the border.

Second, go to www.theadvocatesforhumanrights.org and make a financial donation to the Advocates. Now is the time to step up, pull out your checkbook or credit card, give a little more than you thought you would, respond to the call. Speaking personally, I know from direct experience and observation, there is no better place for my family to focus our financial giving than this shining Minnesota beacon of hope called The Advocates for Human Rights.

If you look at the news and ask yourself “What can I do?” that’s what you can do and you can do it now.

By James A. O’Neal, Chair, Board of Directors, the Advocates for Human Rights

This post paraphrases remarks given by Mr. O’Neal at the Human Rights Awards Dinner on June 21, 2018.