Author Archives: IJRC

U.S. to Cut Funding to UN Rights Bodies, Palestinian Refugees

Former U.S. Ambassador to the United Nations John Bolton
Credit: Gage Skidmore via Wikimedia Commons

The United States is reportedly planning to withdraw all financial support from the United Nations’ key human rights bodies – the Human Rights Council and Office of the High Commissioner for Human Rights (OHCHR) – and from the UN agency that provides humanitarian assistance to Palestinian refugees. [AP; CNN] John Bolton, the current U.S. National Security Advisor and former Ambassador to the UN, indicated the Trump administration wants to limit the work of the Human Rights Council, which it has accused of anti-Israel bias. [AP] In July, the U.S. gave up its seat on the Human Rights Council, an intergovernmental body that monitors human rights around the world. [IJRC: HRC] Similarly, the U.S. earlier reduced its funding to the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), as part of an effort to influence the resolution of the Israeli-Palestinian conflict. [Foreign Policy: UNRWA]

The U.S. is currently the largest contributor to the UN’s regular budget, and also makes substantial voluntary contributions to OHCHR and UNRWA. [AP] While the outgoing High Commissioner for Human Rights, Zeid Ra’ad al-Hussein, stated that the funding cuts would not be “fatal” to OHCHR, any reduction in financial support will certainly affect the UN’s work on human rights and refugee assistance. [Washington Post: OHCHR] These developments follow a series of recent U.S. withdrawals from several other significant international commitments, including the Trans-Pacific Partnership, Iran nuclear deal, and Paris Agreement. [IJRC: Paris Agreement; NY Times: Iran Nuclear Deal; Washington Post: TPP]

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African Commission Bows to Political Pressure, Withdraws NGO’s Observer Status

CAL representative addresses ACHPR
CAL representative addresses ACHPR

CAL representative addresses ACHPR
Credit: IJRC

On August 8, 2018, the African Commission on Human and Peoples’ Rights (ACHPR) stripped the Coalition of African Lesbians (CAL) of its observer status following decisions by the African Union Executive Council that called on the ACHPR to consider “African values” when reviewing applications for observer status. [CAL: Denied] The ACHPR’s decision to withdraw CAL’s observer status comes after years of advocacy efforts by CAL to obtain that status, and follows a drawn-out process before the ACHPR that has been marred by discriminatory statements on the part of both the continent’s human rights oversight body and the political organs of the African Union. [Thomson Reuters Foundation] CAL is a pan-Africanist network of organizations in sub-Saharan Africa committed to advancing the rights of all women in Africa and strengthening the leadership of lesbian women in various movements. See CAL, Why We Exist. The decision to revoke CAL’s observer status, which is a requirement for certain types of participation in the ACHPR’s activities and sessions, has raised concerns about the ACHPR’s impartiality and independence. [EJIL: Talk!] The Executive Council’s June 2018 decision calling for CAL’s status to be withdrawn also raised other threats to the ACHPR’s functioning, including the possible elimination of the ACHPR’s jurisdiction over human rights complaints.

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Michelle Bachelet, Former President of Chile, Appointed UN High Commissioner

Secretary-General António Guterres (right) meets with Michelle Bachelet Jeria, President of Chile
Credit: UN Photo

On August 10, 2018, the United Nations General Assembly approved Michelle Bachelet’s nomination for the position of UN High Commissioner for Human Rights. [UN News: Appointment] The General Assembly’s decision followed the UN Secretary General’s announcement on August 8 to nominate Bachelet for the position. [UN News: Nomination] Bachelet will serve a four-year term, beginning on September 1, 2018, with a possibility of renewal for a second four-year term. [UN News: Appointment] Bachelet is replacing Zeid Ra’ad al-Hussein, who began his term as UN High Commissioner in September 2014 and chose not to seek a second four-year term. [UN News: Appointment; NY Times: al-Hussein] Zeid Ra’ad al-Hussein announced last December that he would not seek re-election because of the anticipated lack of support among “key world powers, including the United States, China and Russia.” [Reuters] He also was concerned that a second term would require him to be less outspoken in advocacy efforts and less independent given the current geopolitical climate. [NY Times: al-Hussein]

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Mandatory HIV/AIDS and Drug Testing Violates Rights to Privacy & Equal Protection

The Allée des Nations
Credit: Tom Page via Wikimedia Commons

During its 123rd Session, the United Nations Human Rights Committee issued its first decision on the privacy and equal protection implications of mandatory HIV/AIDS and drug testing for individuals seeking a visa extension. See Human Rights Committee, Vandom v. Republic of Korea, Communication No. 2273/2013, Views of 12 July 2018, UN Doc. CCPR/C/123/D/2273/2013. The case concerned an American English teacher, working in the Republic of Korea, whose application to renew her teaching visa was denied after she refused to submit to a mandatory HIV/AIDS and drug test. See id. at paras. 1-2.8. The Human Rights Committee held that the Republic of Korea’s policy of requiring mandatory drug and HIV tests from individuals who were not nationals of the State or of Korean ethnicity and who were seeking to obtain teaching visas constituted a violation of the right to equal protection and the right to privacy under the International Covenant on Civil and Political Rights (ICCPR). See id. at paras. 8.5, 8.9. While this is the first case in which the Human Rights Committee has reviewed mandatory drug and HIV testing policies, another treaty body, the UN Committee on the Elimination of Racial Discrimination (CERD), issued a decision in 2015 on the Republic of Korea’s mandatory testing policy. [IJRC] The CERD found that the policy amounted to racial discrimination under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD). The case before CERD did not discuss the right to privacy. [IJRC]

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Conflicts in Cameroon Escalate, Human Rights Experts Respond

People in a Cameroon Community
Credit: Sodeit via Wikimedia Commons

In the past month, the African Commission on Human and Peoples’ Rights (ACHPR) and the United Nations High Commissioner for Human Rights have called on Cameroon to launch an investigation into persistent reports of a deteriorating human rights situation in the English-speaking Northwest and Southwest regions of Cameroon, including to investigate a video showing the alleged extrajudicial executions of a woman and two children. [ACHPR Press Release: Allegations (French only); OHCHR Press Release] The conflict in Cameroon stems from tensions that arose in 2016 after the English-speaking communities in the State mobilized to demand respect of the English-speaking educational and judicial systems, and to demand more political autonomy. See HRW, These Killings Can Be Stopped: Abuses by Government and Separatist Groups in Cameroon’s Anglophone Regions (2018), 1. In response, the Cameroonian government violently suppressed the protests and arrested many of the demonstrators, which led to armed confrontations. See id. Most recently, the tensions between Anglophone separatists and the largely Francophone government of Cameroon have escalated as a result of separatists’ attacks targeting a Minister of Defense convoy in the country’s Southwest region and the government’s “heavy-handed response.” [OHCHR Press Release; Guardian] Cameroon is obligated, under international human rights law, to ensure the rights to life and to humane treatment, among other rights.

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July 2018: UN Treaty Bodies, Human Rights Council, and Regional Bodies in Session

Palais des Nations, Geneva
Credit: UN Photo / Jean-Marc Ferré via Flickr

In the month of July, various universal and regional bodies will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports, country visits, and the review of individual complaints. Three United Nations treaty bodies will meet in July to engage with States regarding their treaty obligations related to civil and political rights, the rights of women, and the prevention of torture. Further, civil society can register this month to participate in the sessions of two treaty bodies that will meet in August to engage with States regarding their obligations related to racial discrimination and the rights of persons with disabilities, respectively. The UN Human Rights Council and several of its working groups will be in session to review communications, thematic reports, and country-specific reports; select individuals to serve as special procedure mandate holders; and convene several panel discussions on the human rights of women, internally displaced persons, and on technical cooperation in the promotion and protection of human rights related to the 2030 Agenda for Sustainable Development. The Expert Mechanism on the Rights of Indigenous Peoples will hold its annual session. Two UN special procedures will conduct country visits focusing on human rights and transnational corporations, and on the human rights situation in the Republic of Korea.

Regionally, the Grand Chamber of the European Court of Human Rights (ECtHR) may hear one case related to the prohibition of collective expulsion of aliens, and the European Committee of Social Rights and Inter-American Court of Human Rights (IACtHR) will be in session.

The UN treaty body sessions, the public hearings of the European Court, and the hearings of the Inter-American Court, may be watched via UN Web TV, the European Court’s website, and the Inter-American Court’s website or Vimeo, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.

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May 2018: UN Treaty Bodies, UPR, and Regional Human Rights Bodies in Session

Human Rights Council 
Credit: UN Photo/Jean-Marc Ferré

In the month of May, several universal and regional bodies will be in session to assess States’ compliance with their human rights obligations through interactive dialogues, the consideration of State and civil society reports, country visits, and the review of individual complaints. Four United Nations treaty bodies will meet throughout May to engage with States regarding their treaty obligations related to torture, racial discrimination, forced disappearances, and children’s rights. The Universal Periodic Review (UPR) Working Group will also be in session and will conduct interactive dialogues with representatives from 14 States. Ten UN special procedures will conduct country visits focusing on human rights defenders, contemporary forms of racism, indigenous peoples, sale and sexual exploitation of children, effects of foreign debt, countering terrorism, housing, migrants, health, and torture. Three working groups will hold sessions on enforced disappearances, transnational corporations and other business enterprises, and private military and security companies.

Regionally, the African Commission on Human and People’s Rights (ACHPR), the African Court on Human and People’s Rights (AfCHPR), and the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) will be in session. The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights (IACtHR) will also be in session, and will hold public hearings during those sessions. Finally, the European Committee of Social Rights will be in session, and the Grand Chamber of the European Court of Human Rights (ECtHR) will hear one case related to State obligations during an armed conflict.

The UN treaty body sessions and the public hearings of the European Court, the IACHR, and IACtHR, may be watched via UN Web TV, the European Court’s website, and the Inter-American Commission’s website or Vimeo, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.

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