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.

In Memoriam: Sharon Rice Vaughn

Sharon Rice Vaughan Photo: Lisa Miller, U of M
Sharon Rice Vaughan
Photo: Lisa Miller, U of M

Dear Friends,

What a great privilege to have known Sharon Rice Vaughan. She was an amazing teacher, and one of the greatest examples of a servant leader I have ever met. Sharon was the first expert to consult with us at The Advocates for Human Rights when, more than 20 years ago, we started our Women’s Program. I remember listening to her story and thinking how amazing it would be for her to share that story with women around the world.

Sharon was part of our delegation to the UN Fourth World Conference on Women in Beijing, China in 1995. I witnessed how easily she connected with women from every corner of the globe and how her story touched them in profound ways. The following year she traveled with us to Tirana, Albania, and shared her story again with women from nine countries in the Balkans. Sharon mesmerized the entire room with her story of how the seeds of the first shelter were planted by welcoming battered women into her own home in Saint Paul, Minnesota, and how she and other amazing women built the first shelter. She inspired these women who were in the earliest stages of organizing after the fall of communism; through her example, she showed them that with passion, commitment, and creativity, they too could start a movement.

I am grateful for the ways Sharon changed my life, and I am inspired by the ways she changed the world.

Sincerely,

Robin Phillips, Executive Director
The Advocates for Human Rights

Sharon Rice Vaughan was a national pioneer in providing safe havens to abused women. Her life ended this week, as a result of a car accident in Cuba. Learn more about Ms. Rice Vaughn.

“I Know Why a Caged Bird Sings”

The quilt created by Gail Irish, and inspired by resilience and strength of others.
Created by Gail Irish, the quilt’s inspiration was the resilience and strength of others.

Each year, the quilt club I belong to sets a theme for the quilts we create for our annual exhibit at Glad Creations, Inc., a Minneapolis quilt shop. “Stripes” was the subject for our Winter 2014 projects.

At about that time, Cece McDonald, a transgender African-American woman who used deadly force to protect herself during a brutal transphobic and racist assault in Minneapolis, was released from prison after serving 19 months of a 41-month sentence. When she took a plea to avoid potential murder convictions and possibly 80 years in prison, she was freed. Through her story, I learned about the disproportionate numbers of transgender people of color in prison, not to mention the prison population’s disproportionate numbers in general of people of color.

Then, when the world lost Maya Angelou, I was reminded once again how her poem “I Know Why a Caged Bird Sings” uses the image of a caged bird as a metaphor to tell the story of Angelou’s struggle to escape oppression of racism and sexism.

In my volunteer work at The Advocates for Human Rights, I meet refugees seeking asylum in the United States because they fear persecution and death if they return to their home countries. Many of them spent time in prisons under deplorable conditions in their countries of origin.

In my work teaching English to adult immigrants and refugees, students have told me stories about unlawful detention, torture, isolation, long separation from loved ones, and many other hardships.

What stands out for me through all of this is the resilience and strength that allow these individuals to fight for survival and dignity.

With my students, the refugees with whom I work, McDonald, and Angelou as inspirations, I imagined bars on windows for the quilt theme of “stripes.” I chose a traditional pattern called Attic Windows, and used a striped fabric for the windows. While all of the windows have bars, the sun is shining brightly.

Some of us are in cages of our own making. Others are in cages that result from the many inequities in our society. My hope is for greater compassion and a greater understanding of the issues and realities that put people behind bars, and more humane treatment of those who remain there.

By: Gail Irish, a volunteer with The Advocates for Human Rights

The Answer to Preventing Atrocities: Human Rights Education

Zeod Ra'ad Al Hussein, UN High Commissioner for Human Rights
Zeid Ra’ad Al Hussein, UN High Commissioner for Human Rights

If you ever wonder what you can do about human rights violations taking place in your community or around the world, I challenge you – on this World Day of Social Justice – to read the powerful message of Zeid Ra’ad Al Hussein, the UN High Commissioner for Human Rights, spoken recently at Washington, D.C.’s Holocaust Memorial Museum:

“…I wake up every morning and, along with brilliant staff – some of the world’s best human rights lawyers and activists – I scan the news and am revolted by what I read. I am sure you all feel the same. Everyday, we are outraged by one piece of news after another! In fact, we must fast be reaching a state of permanent disgust.

“…[Y]ears of tyranny, inequalities, fear and bad governance are what contribute to the expansion of extremist ideas and violence. Few of these crises have erupted without warning. They have built up over years – and sometimes decades – of human rights grievances: deficient or corrupt governance and judicial institutions; discrimination and exclusion; drastic inequalities; exploitation and the denial of economic and social rights; and repression of civil society and public freedoms. Specific kinds of human rights violations, including sexual violence, speech that incites violence, and patterns of discrimination against minorities, can provide early warning of the escalation of crisis into atrocity.

“With so much movement across our screens and newspapers, we believe we are now somehow cart-wheeling into a future more uncertain and unpredictable than ever before. We are also bombarded by so many individual pieces of news, and commentary, our thoughts become equally scattered and devoid of any clear understanding of what it all means…

“And so it would be easy for us to give way to a sense of complete hopelessness. But we cannot succumb to that way of thinking. Surely we now know, from bitter experience, that human rights are the only meaningful rampart against barbarity.

“…Since we cannot afford sinking into a state of paralysing shock, our task becomes the need to strengthen our ethics, our clarity and openness of thought, and our moral courage.

“To do this I can only suggest that we must turn to a new and deeper form of education. Education that goes beyond reading, writing and arithmetic to include skills and values that can equip people to act with responsibility and care. (Emphasis added.)

“…Before every child on this planet turns 9, I believe he or she should acquire a foundational understanding of human rights, and that these concepts should grow in depth and scope as he or she develops. The underlying values of the curriculum would be virtually identical in every school, deriving from the Universal – and universally accepted – Declaration of Human Rights. In this way, from Catholic parochial schools to the most secular public institutions, and indeed Islamic madrassahs, children could learn – even in kindergarten – and experience the fundamental human rights values of equality, justice and respect.

“My children, and yours, and children everywhere, need to learn what bigotry and chauvinism are, and the terrible wrongs they can produce. They need to learn that blind obedience can be exploited by authority figures for wicked ends. They should also learn that they are not exceptional because of where they were born, how they look, what passport they carry, or the social class, caste or creed of their parents; they should learn that no-one is intrinsically superior to her or his fellow human beings.

“Every child should be able to grasp that the wonderful diversity of individuals and cultures is a source of tremendous enrichment. They should learn to recognise their own biases, and correct them. Children can learn to redirect their own aggressive impulses and use non-violent means to resolve disputes. They can learn to be inspired by the courage of the pacifiers and by those who assist, not those who destroy. They can be guided by human rights education to make informed choices in life, to approach situations with critical and independent thought, and to empathise with other points of view.

“Children are fully able to grasp the implications of human rights. And they are able, too, to understand the power that human rights principles bestow on them. Every child can help to shape her or his universe: this is the lesson of that physically tiny and yet symbolically immensely powerful young woman, Malala, who has enriched the moral heritage of humanity.

“We do not have to accept the world as it is; indeed, we must not. We do not have to give in to the dark allure of hatred and violence: indeed, it is vital that we find the energy to resist it. These lessons are surely as fundamental to life on Earth as advanced calculus.”[1]

Parents, teachers, administrators, students, curriculum specialists, policymakers, and anyone reading this who appreciates the power of education as a means of preventing human rights violations, you can make a difference. The root causes of abuses ranging from discrimination to interpersonal violence to mass atrocities can and must be addressed through human rights education.

Here is what you can do:

  • Learn more about human rights education by going to org/uploads/hre_edition.pdf.
  • Contact your community school and ask how they are giving students at every grade level the knowledge, skills, and values of human rights. Offer free curricular resources available at org/for_educators.
  • Read the UN Declaration on Human Rights Education and Training and share it with your local school, through social media, and in conversation.
  • Become part of a national movement by joining Human Rights Educators USA by going to net. (If outside in the U.S., look for a similar group in your area.)

What we teach our children today has radical implications for the future of our communities and world. Human rights education is the obligation of governments and the moral imperative of individuals. We either equip children with the knowledge, skills, and values to uphold human rights – or we don’t. And we live with the repercussions either way.

By: Sarah Herder, The Advocates for Human Rights’ director of Education.

[1] Office of the High Commissioner for Human Rights. Feb. 5, 2015. “Can Atrocities Be Prevented? Living in the Shadow of the Holocaust, UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein at the Holocaust Memorial Museum.” http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15548&LangID=E#sthash.QRxCwKej.dpuf.

More slaves today than at any other time in history

Flower in barbed wire fence

There are more slaves today than at any point in history. They labor in fields and factories, under brutal “owners” who threaten violence if they try to escape. They work on construction sites or in homes for families, virtually imprisoned. They are forced to work on the streets as child beggars, fight in wars as child soldiers, and toil on farms, in traveling sales crews, and in restaurants and hotels. Some are forced to work in brothels and strip clubs, or for escort and massage services. They are often held far from their homes, with no money, no connections, and no way to ask for help. They fear the consequences if they fail to earn their daily quota.[1]

Slavery is illegal in every country in the modern world. Nonetheless, there are about 35.8 million victims worldwide,[3] with 70 percent of them female and nearly one-third children.[2]

The problem is so severe it warranted a presidential proclamation, declaring January as National Slavery and Human Trafficking Prevention Month. Today this modern-day form of slavery, also known as human trafficking, is one of the largest and fastest growing criminal industries in the world.[4] Human trafficking refers to the sale of adults and children into both commercial sexual servitude and forced or bonded labor, and involves the recruiting, harboring, receipt, or transportation of persons for some exploitative purpose.[5]

Human trafficking happens every where, in every part of the world. The United States formally abolished slavery 150 years ago with the passing of the 13th. Regardless, cases involving sexual exploitation and bonded or forced labor are prevalent, with estimates as high as 50,000 people being enslaved.[6] Cases of human trafficking have been reported in all fifty states. The United States is also a source and transit country for human trafficking, and is considered one of the top destination points for victims of child trafficking and exploitation,[7] and U.S. citizens and legal permanent residents are trafficked within the country. Cases of human trafficking have been reported in all 50 states.

The Advocates for Human Rights plays a major role in fighting sex trafficking. The Advocates worked to draft and help pass Minnesota’s 2013 Safe Harbor for Sexually Exploited Youth Act. The law, in effect in Minnesota beginning August 1, 2014, drastically changes the way in which Minnesota views prostitution and responds to sexually exploited youth. Using delinquency proceedings to punish prostituted children has ended in Minnesota, and a new victim-centered response to meet with needs is being established.

The Advocates also worked to draft and help pass the law’s precursor, the 2011 Safe Harbor Act. Not satisfied that the 2011 law had left out 16- and 17-year-olds, The Advocates zeroed in on expanding the law’s protections to all children under 18, and drafted the Minnesota Human Trafficking Task Force‘s 2013 legislative agenda, leading to the 2013 law expanding protections.

The Advocates also participated in creating a victim-centered response — referred to as the “No Wrong Door Model” — and published a report on the process, entitled Safe Harbor: Fulfilling Minnesota’s Promise to Protect Sexually Exploited Youth.

The Advocates is now focused on developing educational resources for community, social service providers, and teachers. It is pinpointing best practices for identifying victims and preventing this abuse, as well as cataloging referrals and resources available under the law. In addition, The Advocates is providing public education on trafficking, and is working throughout Minnesota in collaboration with the Ramsey County Attorney’s Office, the Minnesota entity charged with training law enforcement agencies and prosecutors on the law’s new approach to trafficking.

Setting the stage for Minnesota’s paradigm shift was The Advocates 2008 report, Sex Trafficking Needs Assessment for the State of Minnesota, which included recommendations for responding to sex trafficking. Paramount was the human rights principle that people who are trafficked should be identified as victims, not criminals. The report emphasized that trafficking victims require specialized services, not detention and prosecution.

“Our ultimate goal is to bring the sale of people to an end; it must cease to be normal, acceptable, or profitable,” said Beatriz Menanteau, a staff attorney with The Advocates’ Women’s Human Rights Program.

By: The Advocates for Human Rights’ Emily Farell and Susan L. Banovetz


[1] Secretary of State Hillary Clinton, U.S. State Department Trafficking in Persons Report, 2009, http://www.womenfound.org/people-not-property-zero-tolerance-for-trafficking/

[2] United Nations Office on Drugs and Crime, 2014 Global Trafficking in Persons Report, http://www.unodc.org/documents/data-and-analysis/glotip/GLOTIP14_ExSum_english.pdf.

[3] Walk Free Foundation, 2014 Global Slavery Index, http://www.globalslaveryindex.org/.

[4] UNHCR. Conference puts focus on human trafficking, fastest growing criminal industry. Oct. 11, 2010. http://www.unhcr.org/4cb315c96.html.

[5] The Advocates for Human Rights, “Sex Trafficking Needs Assessment for the State of Minnesota,” http://www.theadvocatesforhumanrights.org/uploads/report_final.10.13.08.pdf.

[6] Clawson, Heather J., Nicole Dutch, Amy Solomon, and Lisa Goldblatt Grace, “Human Trafficking Into and Within the United States: A Review of the Literature,” Washington, D.C.: U.S. Department of Health and Human Services, 2009. http://aspe.hhs.gov/hsp/07/humantrafficking/litrev/.

[7] UNICEF USA, Child Trafficking, http://www.unicefusa.org/mission/protect/trafficking.