Earlier this month, the International Criminal Court (ICC) pre-trial chamber ordered the ICC to establish a system of disseminating public information to and conducting outreach activities with the affected communities and victims of the situation in Palestine, a situation currently undergoing preliminary examination at the Court. The decision recognizes victims’ right to be heard in the context of the ICC’s work, and requires that outreach activities explain the ICC’s jurisdiction with regards to the situation in Palestine; provide information on the Court, including on the role of victims at each stage of proceedings; and respond to victims’ concerns. See ICC, Situation in the State of Palestine, ICC-01/18, Decision on Information and Outreach for the Victims of the Situation, 13 July 2018, paras. 14-16. The pre-trial chamber’s order marks the first time that the Court has promoted information and outreach activities as early as the preliminary examination stage. [Al Jazeera]
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In June, the Assembly of Heads of State and Government of the African Union (the Assembly) elected four judges to replace vacancies on the 11-member African Court on Human and People’s Rights. [AfCHPR Press Release] See IJRC, African Court on Human and Peoples’ Rights: 2018 Elections. The election occurred at the 33rd Ordinary Session of the Executive Council of the African Union in Nouakchott, Mauritania, during which the Assembly elected the following individuals: Imani Aboud (Tanzania), Stella Isibhakhomen Anukam (Nigeria), Ben Kioko (Kenya), and Blaise Tchikaya (Congo). [AfCHPR Press Release] See also AU Executive Council, Draft Agenda, AU Doc. EX.CL/Draft/1(XXXIII) (June 28-29, 2018), sec. X. Three of the judges were elected to six-year terms, while one judge was elected to serve a two-year term, being the remainder of the term for another judge who resigned prematurely. See IJRC, African Court on Human and Peoples’ Rights: 2018 Elections. The judges will begin their terms at the first African Court session following the election, which is scheduled to begin on August 27, 2018 in Arusha, Tanzania. See AfCHPR, Calendar of Sessions. Read more
This month the Committee of Ministers of the Council of Europe (COE) adopted guidelines and recommendations on the rights of children in the digital environment for all Member States of the Council of Europe. See Committee of Ministers, Recommendation CM/Rec(2018) 7 of the Committee of Ministers to member States on Guidelines to respect, protect, and fulfil the rights of the child in the digital environment (2018). While the guidelines are non-binding, they derive their content, in part, from existing binding COE legal conventions, as well as other non-binding COE and United Nations standards and recommendations, on children’s rights, business and human rights, privacy, and internet governance. The guidelines focus, in particular, on the rights to non-discrimination, freedom of expression and information, freedom of association, privacy, education, and protection and safety, as well as access to remedies. See id. Recognizing the significant positive and negative influences the digital environment – which includes all information and communication technologies (ICTs) – has on children’s lives, the guidelines make recommendations to Member States to develop legislation and policies that protect and promote the rights of the child in the digital environment, to cooperate and coordinate with the COE and public and private stakeholders in those efforts, and to ensure that businesses and other stakeholders respect children’s rights. See id. at sec. 1. Read more
Civil society and other stakeholders warned of consequences to human rights defenders and victims of rights abuses when the United States formally announced last month its decision to withdraw from the United Nations Human Rights Council. [HRW: Blame; HRW: Oppose; OHCHR Press Release: Dialogue] The decision – effective June 19, 2018, over a year before the end of the State’s term, which would have expired on December 31, 2019 – marks the first time a State has voluntarily left the Human Rights Council before serving its full term. It is the second time, though, a State has failed to complete its full term on the Human Rights Council; Libya was removed from the Council in 2011. [UN General Assembly Press Release] See U.S. Department of State, Remarks on the UN Human Rights Council.
The primary reasons listed by the United States for its departure include the Council’s alleged anti-Israel bias; the membership on the Council of States that commit human rights abuses, including Cuba, Venezuela, China, and the Democratic Republic of the Congo; and a failure of the Human Rights Council to reform itself, including in the election process. See U.S. Department of State, Remarks on the UN Human Rights Council. Additionally, U.S. Ambassador to the UN, Nikki Haley, asserted that key human rights non-governmental organizations (NGOs) were also responsible for the U.S.’s departure. [HRW: Blame; HRW: Oppose] Civil society organizations have rejected the Ambassador’s claims, and have spoken out against the move, expressing concern that countries like China and Russia will take advantage of the absence of the U.S. to weaken human rights protections and programs, among other consequences. [HRW: Blame; HRW: Oppose] The United States has made other withdrawals from international commitments since the start of 2017, including its departures from the Trans-Pacific Partnership, Iran nuclear deal, and Paris Agreement. [IJRC: Paris Agreement; NYT: Iran Nuclear Deal; Washington Post: TPP] Read more
In June, the United Nations Office for the High Commissioner for Human Rights (OHCHR) issued the first ever UN report detailing human rights abuses in Kashmir. [OHCHR Press Release] See OHCHR, Report on the Situation of Human Rights in Kashmir (2018). The report seeks to draw attention to the victims of the human rights violations created by the political situation in the region, with a focus on abuses since the July 2016 killing of a militant leader by Indian security forces, which sparked violent protests throughout the region. [OHCHR Press Release] See OHCHR, Report on the Situation of Human Rights in Kashmir, para. 1. Among the human rights abuses, the report finds cases of unlawful use of force by security forces, enforced or involuntary disappearances, sexual violence, and limitations on education, expression, assembly, and association. [OHCHR Press Release] See OHCHR, Report on the Situation of Human Rights in Kashmir, paras. 32-164. Additionally, the report finds that perpetrators act with impunity and that victims do not have adequate access to justice. [OHCHR Press Release] To address the human rights concerns, the OHCHR calls for an independent mechanism to further investigate human rights allegations in the Kashmir region. See OHCHR, Report on the Situation of Human Rights in Kashmir, 48. Human rights experts have urged the Indian government to allow the creation of such an investigation. [HRW] Both States, India and Pakistan, have committed to, and are legally obligated to, ensure certain rights, including the rights to life, prohibition of torture and inhuman treatment, freedom of expression, freedom of assembly, freedom of association, and education. Read more
On June 5, 2018, the Organization of American States (OAS) elected three judges to the Inter-American Court of Human Rights (IACtHR), consisting of Judge Humberto Sierra Porto (Colombia), Eduardo Ferrer Mac-Gregor (Mexico), and Ricardo Pérez Manrique (Uruguay). [OAS Press Release] Judges Sierra Porto and Ferrer Mac-Gregor were re-elected after serving one full term on the IACtHR, while Judge-elect Pérez Manrique was elected to fill the seat of Judge Caldas, who resigned after accusations of domestic violence and whose term was set to expire this January. [OAS Press Release; IJRC: Resigns] See IJRC, Inter-American Court of Human Rights: 2018 Elections. The three elected judges were endorsed as qualified jurists in the 2018 report by the Independent Panel for the Election of Inter-American Human Rights Judges, a part of the Initiative on Transparency and Election Monitoring housed at American University’s Washington College of Law. See Carlos Ayala, et al., Informe Final del Panel Independiente Para la Elección de Jueces y Juezas Para La Corte Interamericana De Derechos Humanos (2018), 15, 25, 30-31 [in Spanish only]. The Independent Panel and Initiative on Transparency and Election Monitoring aims to promote civil society’s efforts to improve the election process of judges and commissioners in the Inter-American system. See Washington College of Law, Using Transparency to Strengthen the Inter-American Human Rights System. Civil society organizations welcomed the publication of the report and endorsed the report’s call for transparency in elections of human rights bodies. [OSJI Press Release; DPLF Press Release] Read more
On May 29, 2018, the international governing body for soccer, Fédération Internationale de Football Association (FIFA), launched a complaint mechanism for human rights defenders and journalists ahead of the 2018 World Cup in Russia, garnering praise from United Nations experts and civil society members. [FIFA Press Release: Mechanism; OHCHR Press Release; CPJ Press Release; HRW: Daily Brief] The new complaint mechanism will accept complaints from human rights defenders and media representatives who allege that their rights have been infringed while engaging in work related to FIFA’s activities, which span around the globe. [FIFA Press Release: Mechanism] FIFA intends to address complaints through engagement with third parties, including State officials, using FIFA’s influence to prevent, mitigate, or remedy rights violations when they occur. See FIFA, Statement on Human Rights Defenders and Media Representatives (2018). The creation of this mechanism followed calls from civil society for FIFA to establish a process to address complaints from media and human rights defenders. [HRW: Press Freedom] The United Nations Working Group on human rights and transnational corporations and other business enterprises called the mechanism “a very positive move.” [OHCHR Press Release] Under the UN Guiding Principles on Business and Human Rights (Ruggie Principles), businesses such as FIFA have the responsibility to respect human rights, avoid complicity in human rights violations, and ensure that victims of human rights violations as the result of their business activities are adequately remedied. See Human Rights Council, Guiding Principles on Business and Human Rights, UN Doc. A/HRC/17/31, 21 March 2011, at 13, princ. 11. Read more
On May 21, 2018, Qatar acceded to the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), which will both come into force for the State in August. [HRW: Treaties] Qatar’s accession to these conventions included both formal reservations on articles to which Qatar will not consider itself bound by as well as statements by Qatar indicating how the government will interpret certain provisions, in accordance with Islamic Sharia law, the national constitution, and other national laws. Civil society has expressed concern at these reservations and statements, particularly as they relate to limitations on women’s rights and migrant workers’ rights. [HRW: Treaties] Including these most recent accessions, Qatar is now a party to nine United Nations conventions, obliging the State to guarantee the rights to equal protection and non-discrimination, among other rights. See OHCHR, Ratification Status for Qatar. Read more
On May 10, 2018, the African Court on Human and Peoples’ Rights (AfCHPR) ruled that Mali’s Persons and Family Code violates international human rights standards on the State obligation to establish a minimum age of marriage for girl children; the right to consent to marriage; the right to inheritance; and the State obligation to eliminate harmful social and cultural practices for women, girl children, and children born out of wedlock. See AfCHPR, APDF and IHRDA v. Republic of Mali, App. No. 046/2016, Judgment of 11 May 2018, paras. 78, 95, 115, 125. The Association Pour le Progrès et la Défense des Droits des Femmes Maliennes (APDF) and the Institute for Human Rights and Development in Africa (IHRDA) brought the case against Mali to the African Court to challenge the domestic law’s compliance with three human rights treaties to which Mali is a party: the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (Maputo Protocol), the African Charter on the Rights and Welfare of the Child (Children’s Charter), and the Convention on the Elimination of Discrimination against Women (CEDAW). The Court found violations of all three treaties. This is the first time that the AfCHPR has applied provisions of the Maputo Protocol, which protects women’s rights in Africa. [IHRDA Press Release] Read more