Ban on mandatory life-without-parole applies to all who were sentenced when juveniles, Supreme Court rules

Handcuffed hands

The Supreme Court issued a decision today in a 6-3 opinion that states must retroactively apply the ban on mandatory life-without-parole sentences for juveniles. The ruling comes from the case of 69-year-old Henry Montgomery, imprisoned since he was 17 for a crime he committed in 1963.

When Montgomery was sentenced at age 17, life without parole was automatic. Neither the court nor the jury was allowed to consider his age, maturity, potential for rehabilitation, or other characteristics in determining his sentence. As a result, he has spent his entire adult life in prison and has been ineligible for parole.

In his petition to the Court, Montgomery discussed “his evolution from a troubled, misguided youth to a model member of the prison community.” According to the Court, he offers advice and serves as a role model to other inmates. He helped establish an inmate boxing team, serving as a trainer and coach.

In 2012, the Supreme Court ruled in Miller v. Alabama that a juvenile convicted of a homicide offense must not be sentenced to life in prison without parole unless the court considers the juvenile’s special circumstances in light of the principles and purposes of juvenile sentencing. At the time, it wasn’t clear whether this ruling would apply to juvenile offenders like Montgomery, whose sentences were already final at the time of the 2012 decision.

Today, the Court ruled that this 2012 ruling applies not only to juvenile offenders whose cases were still pending in 2012, but to all juvenile offenders who had been automatically sentenced to life without parole. This includes Montgomery.

Similar to the U.S. Constitution’s Eighth Amendment, international human rights standards prohibit cruel, inhuman, or degrading treatment or punishment. As such, those standards require that punishments be individualized and proportionate to the facts and circumstances of the offender and the offense. Today’s ruling brings juvenile sentencing practices in the United States into closer compliance with those international standards, requiring courts to conduct an individualized assessment of each juvenile offender in determining the appropriate sentence for the offender. As the Court recognized today, “Before Miller, every juvenile convicted of a homicide offense could be sentenced to life without parole. After Miller, it will be the rare juvenile offender who can receive that same sentence.”

Now, with Montgomery, states must ensure that juvenile homicide offenders are considered for parole. As Justice Anthony Kennedy wrote for the majority:

“Henry Montgomery has spent each day of the past 46 years knowing he was condemned to die in prison. Perhaps it can be established that, due to exceptional circumstances, this fate was a just and proportionate punishment for the crime he committed as a 17-year-old boy. In light of what this Court has said . . . about how children are constitutionally different form adults in their level of culpability, however, prisoners like Montgomery must be given the opportunity to show their crime did not reflect irreparable corruption; and, if it did not, their home for some years of life outside prison walls must be restored.”

The UN Human Rights Committee has pressed the United States even further, urging it to fully comply with its international human rights obligations by entirely abolishing the sentence of life imprisonment without parole for juveniles. Today’s ruling is an important step in that direction.

By: Amy Bergquist, staff attorney with The Advocates for Human Rights’ International Justice Program, leads The Advocates’ work against the death penalty. She sits on the steering committee of the World Coalition Against the Death Penalty Steering Committee, an alliance of more than 150 NGOs, bar associations, local authorities, and unions from around the globe.

Read the complete opinion.

Women Suffer in Myanmar’s 60-Year Civil War

Ja Aung Lu
Ja Aung Lu

This week marks one year of mourning by the Kachin minority in Myanmar for two Kachin volunteer teachers with the Kachin Baptist Convention (KBC). On January 19, 2015, the bodies of Maran Lu Ra (20) and Tangbau Nan Tsin (21) were found dead at their house in the church compound located in Kongkha Village in Myanmar’s Northern Shan State. The young women had been brutally beaten, tortured, and raped. Since their deaths, no legal process, investigation, justice, remedies, protection, or rehabilitation processes have taken place for the victims, family members, and community.

The murders of Maran Lu Ra and Tangbu Nan Tsin are two among thousands of known and unknown cases―most, if not all, a result of the serious fighting that has waged in Northern Shan State since 2010 between the Kachin Independent Army and Myanmar Army.[i]

Located in Southeast Asia, Myanmar (also known as Burma) is populated by eight major ethnic groups: Kachin, Kayah (Karenni), Karen, Chin, Mon, Burma, Rakhine (Arakan), and Shan. Myanmar owns the “distinction” of being the only country in the world that has had an ongoing civil war for more than 60 years. The war is between the country’s army and ethnic freedom fighter groups.[i] The civil war has strengthened the military’s power, and it has allowed military dictators to rule the country. Thus, the brutal policies and lack of rule of law in Myanmar have jeopardized the peace and security of its citizens.

The army is known for using rape as a weapon of war against its ethnic people. Women suffer egregious human rights abuses. They are murdered, raped, sexually assaulted, forced into marriage, forced into labor, detained arbitrarily, and are victims of forced disappearances.[ii] Therefore, Myanmar has some of the most significant human rights violations in the world.

In 2010, there was a historic transition from a military dictator regime to a democratic government, also known as quasi-civilian government. The newly formed government is making some progress toward democratic reform in the central level and with international platforms. But, grave human rights violations have intensified in the northern part of Myanmar, particularly in Kachin and Northern Shan State, as well as in Rakhine State. The civil war has not stopped in ethnic areas. Apparently, the fighting resumed between the Kachin Independent Army and the Myanmar army in mid-2011 as a result of the failure of the last ceasefire agreement between them reached 17 years ago.

Myanmar became a member of the United Nations in 1948 and a signatory member state of six United Nations treaties and human rights instruments, namely Convention on the Rights of the Child in 1991, Convention on the Elimination of All Forms of Discrimination Against Women in 1997, Convention on the Rights of Persons with Disabilities in 2011, Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography in 2012; and endorsed Declaration of Commitment to End Sexual Violence in Conflict in 2014.[i] Furthermore, there are national mechanisms, including Myanmar National Committee for Women Affair in 1996, Myanmar Women’s Affair Federation in 2003, Myanmar National Human Rights Commission in 2010, and National Strategic Plan for the Advancement of Women – Action Plan for 2013-2021 in 2013.

However, there is no systematic reform initiative from the government to hold accountable the perpetrators who have had impunity for half a century regardless of Myanmar being a signatory member state of the United Nations and establishing human rights bodies.[ii]

Regarding the murders of Maran Lu Ra and Tangbau Nan Tsin, hundreds of local and international human rights organizations have called for investigations and justice, including the U.S. embassy in Yangon, Myanmar.[iii] Hundreds of media agencies cover this news, and interfaith groups and local communities demonstrated solidarity to condemn the misconduct of Myanmar Army.[iv] The leader of the Kachin Baptist Convention submitted three letters requesting cooperation in the investigation, but there was barely a reply. The Kachin Baptist Convention established a 15-member investigation commission on February 7, 2015.[v] Despite this, there is still no cooperation from the government, including the country’s president, army, local law enforcement agencies, and government-backed women’s organizations and human rights bodies. As a result, sexual violence is widespread and the perpetrators “enjoy” absolute impunity from prosecution.[vi]

Therefore, 100 women and human rights organizations and civil society organizations and nine individuals, on January 19, 2016, issued the following demands:

  1. Sanction an official mandate and power of investigation to Kachin Baptist Convention for the purpose of revealing the truth of the fate of the two teachers;
  2. Request and invite the International Humanitarian Fact-Finding Commission to conduct an investigation in order to find out the truth;
  3. Have the incoming NLD government promptly execute the two aforementioned points.

By: Ja Aung Lu, a Humphrey Law Fellow from Myanmar and has a professional affiliation with The Advocates for Human Rights throughout 2016. Ms. Lu is the Program Manager of Equality Myanmar. Her responsibilities in this role include program development, team and financial management, staff recruitment, facilitation of trainings and events, data collection, and policymaking. For her work on the successful Stop Myitsone Dam Campaign, Ms. Lu received the Kachin Hero of the Year award in 2007. She obtained her Bachelor of Laws from Myitkyina University. As a Humphrey Fellow, Ms. Lu hopes to update her knowledge of human rights and laws, develop network-building skills, and enhance her understanding of NGO best practices, to help contribute toward the development of a democratic society in Myanmar.

Footnotes:

[i] Ending sexual violence in conflict through the establishment of Women and Girl Centres in Myanmar. (2014, July 4). In UNFPA Myanmar . Retrieved from http://countryoffice.unfpa.org/myanmar/2014/07/04/10056/ending_sexual_violence_in_conflict_through_the_establishment_of_women_and_girl_centres_in_myanmar/

[ii] PRESIDENT THEIN SEIN MUST BE CHALLENGED FOR FAILURE TO SEEK JUSTICE IN KAWNG HKA RAPE-MURDER CASE. (2015, October 12). In Kachin Women’s Association Thailand . Retrieved from http://www.kachinwomen.com/kachinwomen/index.php?option=com_content&view=article&id=138:president-thein-sein-must-be-challenged-for-failure-to-seek-justice-in-kawng-hka-rape-murder-case&catid=48&Itemi

[iii] US calls for Myanmar to probe killings of 2 ethnic Kachin women. (2015, January 21). In Fox News. Retrieved from http://www.foxnews.com/us/2015/01/21/us-calls-for-myanmar-to-probe-killings-2-ethnic-kachin-women.html

[iv] Funerals for two Kachin women found dead in Myanmar. (2015, January 23). In BBC News. Retrieved from http://www.bbc.com/news/world-asia-30945695

[v] No evidence over Kachin teacher murders. (n.d.). In Eleven . Retrieved from http://www.elevenmyanmar.com/local/no-evidence-over-kachin-teacher-murders

[vi] Burma Bows its Head in Shame on the International Day for the Elimination of Violence against Women. (2015, December 2). In Burma Partnership. Retrieved from http://www.burmapartnership.org/2015/12/burma-bows-its-head-in-shame-on-the-international-day-for-the-elimination-of-violence-against-women/

[i] Saw Ba U Gyi – Voice of Revolution. Paul Keenan 7–8 available at http://www.ibiblio.org/obl/docskaren/Karen%20Heritage%20Web/pdf/Voice%20of%20the%20Revolution_1_Saw%20Ba%20U%20Gyi.pdf

[ii] Country Summary – Burma. (2015, January). In Human Rights Watch. Retrieved from https://www.hrw.org/sites/default/files/related_material/burma_7.pdf

[i] Weng, L., & Nom, N. S. (2015, January 21). Probe Ongoing, Autopsy Results Pending in Murder of Kachin Teachers. In The Irrawaddy . Retrieved from http://www.irrawaddy.com/burma/probe-ongoing-autopsy-results-pending-murder-kachin-teachers.html

 

 

Meet Sarah Brenes: She’s a Zealous Advocate

Sarah Brenes for Website

Her clients’ courage and perseverance serve as a touchstone for Sarah Brenes (right) in her work to secure safety for people escaping violence and persecution. Brenes was recently appointed director of The Advocates for Human Rights’ Refugee and Immigrant Program, filling the big shoes left by Deepinder Mayell when he left The Advocates to accept a position with the University of Minnesota Law School’s Center for New Americans.

What do you look forward to the most about being the director of the Refugee & Immigrant Program?
I look forward to continuing to work with our amazing team of staff, interns, and volunteers that support The Advocates’ work. We continue to explore opportunities to support asylum seekers nationwide, and I look forward to fusing more connections with partners across the country and within our midwest region.

What do you want to see accomplished?
With the help of dedicated volunteer attorneys and interpreters, we will continue our work of providing free legal services to low-income asylum seekers.

The Advocates has more than 30 years of experience serving asylum seekers. There are hundreds of former clients who have gone on to contribute to our communities and woven themselves into the rich fabric of our nation. I hope to call on them to provide insights and perspectives of their experiences to help inform our work and to share their thoughts with current clients just beginning the process.

I want to continue to expand our training and support opportunities, particularly for attorneys working as part of our service area in greater Minnesota, North Dakota,  and South Dakota. I would also like to deepen our connection with national partners as we continue to explore our ability to support asylum seekers nationwide.

What is the most rewarding part about working with refugees on their asylum cases?
I am humbled by the courage and perseverance of our clients. In order to make their way to the United States, most have to part with family, risk their lives, and travel with the hope that remains despite suffering abuse and torture. Seeing a client after a case is granted is akin to meeting a totally new person — a weight has been lifted and a new chapter is beginning for them.

What is your background with immigration law?
I am honored to have worked with non-profits, educational institutions, and private attorneys during my career in immigration law. I started, right out of college, as a summer paralegal with the Southern Minnesota Regional Legal Services, staffing a small office servicing migrant farm workers. I then went to work as a paralegal for Richard Breitman, a private immigration attorney who taught me what it means to be a zealous advocate.

I completed a masters program in human rights and peace education at the National University in Costa Rica. Frustrated by the barriers 9/11 brought to immigration law, I studied global migration and human rights issues. Then, I went to law school and clerked with the Immigrant Law Center of Minnesota and Centro Legal, serving low-income clients. I also had the opportunity to participate in a number of projects at The Advocates for Human Rights.

I joined the University of St. Thomas Immigration Practice Group of the Legal Services Clinic, working alongside Professor Virgil Wiebe, who has the unique ability to help students see the importance of even the smallest detail in a case while, at the same time, appreciate how one client’s case fits in the broader fabric of our nation’s immigrant history.

When my fellowship ended, I joined The Advocates as a staff attorney. Together, we provide momentum to the human rights movement. I am constantly inspired by the volunteers who keep the movement propelling forward—one case, one issue at a time.

Tell us about your family.
My husband, Elvis, and I live in Minneapolis with our three children, Diego (9), Cecilia (6), and Santiago (18 months). Our children’s innocence, curiosity, and early exploration of rights and justice constantly keep me aware of the importance of our work and provide me with new perspectives. My family keeps me balanced  and supports me in efforts to secure protection for our clients and their own families.

Gender-based violence escalating because of conflict in Eastern Ukraine

16 Days

The Advocates for Human Rights delivered a statement on gender-based violence in Ukraine to the 30th Session of the Human Rights Council on September 29, 2015. Below is the statement’s transcript, as well as video of The Advocates’ staff attorney Theresa Dykoschak delivering the statement at the UN. #16Days #16DaysCampaign

“Mr./Madam President/Vice President,

“The Advocates for Human Rights is gravely concerned about reports of escalating gender-based violence resulting from the conflict in Eastern Ukraine.

“As the UN Economic and Social Council has observed, “the militarization process, including the ready availability of small weapons, that occurs prior to and during conflicts, as well as the process of demobilization of often frustrated and aggressive soldiers after a conflict, may . . . result in increased violence against women and girls.” Such is the case in Ukraine today.

“First, we are concerned that internally displaced persons in Ukraine, most of whom are women, are particularly vulnerable to gender-based violence. In some cases, the armed separatist forces take women hostage and repeatedly rape them. In other cases, women are abducted or arrested and threatened with sexual violence. Our partner organization, the Ukraine-based Women’s Information Consultative Center, has documented cases of sexual violence in the occupied territories of Ukraine, along with extrajudicial executions and torture.

“The most recent report of the UN Human Rights Monitoring Mission in Ukraine confirms reports of sexual violence in the territories controlled by the armed groups. This most recent report also confirms that “[s]ervices for survivors of sexual and gender-based violence are not available in the areas controlled by the armed groups and are insufficient in the Government-controlled areas.”

“Second, we have received reports of an alarming increase in domestic violence perpetrated by soldiers who have returned from the conflict. Calls to the nationwide Ukrainian hotline for victims of domestic and gender-based violence have spiked in 2015. The United Nations Population Fund confirms that even though gender-based violence is significantly under-reported in Ukraine, the country is seeing an increase in reports of domestic violence compared with 2014.

“The Advocates for Human Rights calls on UN member states to expand support and services for victims of gender-based violence in Ukraine. We further call on the Ukrainian Government and the armed groups operating in the country to condemn all acts of gender-based violence, to ensure that all perpetrators of gender-based violence are held accountable, and to ensure that all victims of gender-based violence have access to appropriate services and support.

“Thank you.”

 

 

“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.

Out of the Mouths of The Advocates

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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.

Volunteer Relishes First-hand Experience Working at U.N.

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A volunteer for human rights, or more accurately for The Advocates for Human Rights with whom I first became acquainted in the late 90’s when I joined The Advocates to conduct domestic violence training for NGOs from Moldova, Ukraine, Uzbekistan, and Armenia. Soon after, I teamed with The Advocates’ staff and an Armenian NGO to undertake careful fact-finding with the goal of assessing the status of the rights of Armenian women to be free from intimate violence. The recommendations from the report which resulted were used to increase services for survivors and to hold more offenders accountable in Yerevan and other communities in Armenia.

Today, more than 15 years later, I am sitting with a number of The Advocates’ staff and volunteers in the Serpentine Lounge in Building E, otherwise known as the home of the Human Rights Council in the United Nations Office in Geneva, Switzerland. The Serpentine Lounge is two floors below the formal major chamber where delegates from around the world sit in an orderly fashion, each taking their turn to deliver two-minute statements or sound bites to comment and vote on proposed resolutions on issues like food, sustainability, or listen to reports from special experts or rapporteurs on the status of a state’s record on various aspects of human rights as defined by a myriad of declarations and conventions.

In contrast, the Serpentine Lounge is a hub of activity against a mellow Geneva landscape. Delegates are in earnest conversations with each other and NGOs to learn from each other and no doubt try to persuade one other. Of the many opportunities I have had here over the week “working,” the Serpentine Lounge has been one of the most energizing.

Every four and one-half years, 16 countries are scheduled to appear for their Universal Periodic Review by the Human Rights Council. Given The Advocates’ special consultative status with the United Nations, we have the ability to meet with delegates who will be submitting comments on the status of the countries up for review this May. Building on the tremendous work already completed by The Advocates, my colleagues and I are meeting with delegates from literally every part of the world. I have met with delegates from countries as diverse as Finland and Paraguay who are interested in how effectively countries to be reviewed, such as Mongolia and Croatia, are with eradicating gender-based violence. We share our findings with the delegates, and in the instance of Croatia, our Croatian colleague, Valentina Andrasek, is here to offer her NGO’s first-hand experience helping battered women. The delegates are both surprised and discouraged to learn the way in which the Croatian criminal law is being implemented. In Croatia, more than 40 percent of domestic violence cases in which arrests are made result in dual arrests, with both the victim and the offender being arrested.

Not only do we share our recommendations and hand the delegates fact-filled one-pagers, we get the chance to learn about the values and politics of countries we may never visit. My mind has been going the proverbial mile-a-minute; I have learned so much about the complexities of the UN world—an alphabet soup of shorthand—where work really gets done. I have found my co-travelers as fascinating as the delegates with whom we have met. And as one of the few non-Minnesotans in The Advocates’ delegation, I have throughly enjoyed the Midwestern grace and calm that has infused our time together.

Thank you, The Advocates for Human Rights, NGO extraordinaire.

By: Joan Kuriansky, an attorney who has been involved in women’s rights throughout her career, has experience running local and national organizations that address a range of issues, including women’s economic empowerment and violence against women. Ms. Kuriansky recently traveled to the United Nations in Geneva with The Advocates for Human Rights and other volunteers.