Protesters in Managua
Credit: By Voice of America, via Wikimedia Commons
Two Central American governments ended their cooperation with the United Nations on specific human rights initiatives and sought to exclude UN representatives from their territories in late August 2018. In Guatemala, President Jimmy Morales announced on August 31 he would not renew the mandate of the International Commission against Impunity in Guatemala (CICIG) when it expires in 2019 and barred CICIG head Iván Velásquez from reentering the country, despite a Supreme Court order rejecting a previous attempt to expel him. [IACHR: Guatemala; NYT] Since 2007, CICIG has assisted national authorities in prosecuting corruption, and recently announced an investigation into President Morales for illegal campaign contributions. [NYT]
Also on August 31, Nicaraguan President Daniel Ortega rescinded an invitation to a fact-finding team from the Office of the United Nations High Commissioner for Human Rights (OHCHR), just after OHCHR published a report on authorities’ human rights violations against protesters since demonstrations against the Ortega government began in April 2018. [Al Jazeera; IJRC: Nicaragua] The Inter-American Commission on Human Rights (IACHR), OHCHR, and civil society have expressed concern at these developments. [IACHR: Guatemala; IACHR: Nicaragua; OHCHR Press Release: Concern; HRW: Nicaragua; HRW: Torture] Observers fear the crises in both countries will continue to worsen. [NYT: Authoritarianism] Read more
Palais des Nations by night, Geneva. Tuesday 5 November 2013. Credit: Violaine Martin via Flickr
In the month of September, several universal and regional bodies will be in session to 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. Five United Nations treaty bodies will meet in September to engage with States regarding their treaty obligations related to the rights of persons with disabilities; the rights of migrant workers; children’s rights; and economic, social, and cultural rights. The UN Human Rights Council will be in session to review communications as well as thematic and country-specific reports. Seven UN special procedures will conduct country visits focusing on States’ international financial obligations, the rights of persons with albinism, the right to food, the independence of judges and lawyers, adequate housing, cultural rights, and LGBTI issues, respectively. Additionally, the UN working group focused on forced disappearances will be in session.
Regionally, the Inter-American Court of Human Rights (IACtHR), the African Court on Human and Peoples’ Rights (AfCHPR), and the European Committee of Social Rights (ESCR) will all be in session. Finally, the Grand Chamber of the European Court of Human Rights will hear one case related to the prohibition of collective expulsion of aliens and the right to an effective remedy.
The UN treaty body sessions, the public hearings of the European Court, and the public hearings of the 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.
Judges at the IACtHR
In the month of August, various universal and regional bodies will assess States’ compliance with their human rights obligations through interactive dialogues, the consideration of State and civil society reports, and the review of individual complaints. Three United Nations treaty bodies will meet in August to engage with States regarding their treaty obligations related to the prevention of torture, the elimination of racial discrimination, and the end of discrimination against persons with disabilities. Further, civil society can register this month to participate in the sessions of four treaty bodies that will meet in September to engage with States regarding their obligations related to the rights of migrant workers; children’s rights; economic, social, and cultural rights; and the rights of persons with disabilities, respectively. The Human Rights Council’s Advisory Committee and the Human Rights Council’s Working Group on Communications will also be in session to review thematic human rights issues and individual complaints. Additionally, two UN working groups will hold sessions on issues of involuntary disappearances and arbitrary detention, respectively.
Regionally, the African Court on Human and Peoples’ Rights (AfCHPR) and the Inter-American Court of Human Rights (IACtHR) will be in session.
The UN treaty body sessions and the hearings of the Inter-American Court may be watched via UN Web TV 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.
Credit: A2marce via Wikimedia Commons
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
The UN High Commissioner on Human Rights
Credit: UN Photo / Jean-Marc Ferré
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
Palace of Nations in Geneva, Switzerland
Credit: Tom Page via Wikimedia Commons
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
African Court on Human and Peoples’ Rights
Credit: AfCHPR via Flickr
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
Human Rights Council Tenth Session Participants
Credit: UN Photo/Pierre-Michel Virot
In the month of June, 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. Two United Nations treaty bodies will meet in June to engage with States regarding their treaty obligations related to forced disappearances and children’s rights. Further, civil society can register this month to participate in the sessions of three treaty bodies that will meet in July to engage with States regarding their obligations related to discrimination against women, torture, and civil and political rights, respectively. The UN Human Rights Council and several of its working groups will be in session to review communications as well as thematic and country-specific reports. Four UN special procedures will conduct country visits focusing on torture, human rights defenders, enforced and involuntary disappearances, and the use of mercenaries, respectively.
Regionally, the Inter-American Court of Human Rights (IACtHR) will be in session, and will hold public hearings during those sessions. Additionally, the Grand Chamber of the European Court of Human Rights (ECtHR) will hear one case related to the State’s obligation to provide a prisoner access to psychiatric care in a language that the prisoner understands and that is an official language of the State.
The UN treaty body sessions, the public hearings of the European Court, and the public hearings of the 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’s Hearings & Sessions Calendar.
Nicaraguan protests on April 20, 2018
Credit: Voice of America
The Inter-American Commission on Human Rights and United Nations experts have expressed concern over Nicaragua’s response to protests that began in opposition to President Ortega’s proposed social security reforms and led to violence, deaths, and the suppression of media attention. [NY Times: Protests; OHCHR Press Release; IACHR Press Release: Concern] The demonstrations started in Managua after President Ortega proposed changes that would require workers to pay higher contributions in to the social security system but would also lower benefits to pensioners. [NY Times: Protests] The protests’ geographic scope and protesters’ demands grew, sparking protests in other cities and covering a range of issues surrounding general discontent with the Ortega government. [NY Times: Protests; NPR] Universal and regional human rights bodies and experts have expressed concern with the use of force used by security forces and threats to protesters’ safety due to non-State actors’ responses, and called on Nicaragua to respect and protect human rights. [OHCHR Press Release; IACHR Press Release: Concern] The Inter-American Commission on Human Rights (IACHR) reminded the State that it must respect people’s right to peacefully express their views and that tactics of repression in the context of demonstrations do the opposite. The regional human rights body also called on the State to investigate the deaths that occurred during the protest and asked to make a working visit to the State. [IACHR Press Release: Coordination; IACHR Press Release: Concern] The UN experts further added their concern over the State’s stigmatization of protesters. [OHCHR Press Release] Nicaragua is obligated to ensure and protect the rights to freedom of assembly, to freedom of expression, and to life under the American Convention on Human Rights and the International Covenant on Civil and Political Rights. Read more
We are pleased to share our latest newsletter. It details the newest additions to the Online Resource Hub, recent engagement with the universal and Inter-American human rights systems, and upcoming events. If receiving this update via email, you can also read the May 2018 newsletter online, or open the PDF directly. For the latest in human rights developments, visit the News Room and IJRC Daily.