Category Archives: enforced disappearance

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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Pardon of Former Peruvian President Fujimori Raises Legal Questions

President Pedro Pablo Kuczynski
Credit: Cobot156 via Wikimedia Commons

The Inter-American Commission on Human Rights (IACHR), two United Nations special rapporteurs, and one UN working group recently condemned Peruvian President Pedro Pablo Kuczynski’s decision to issue a humanitarian pardon on December 24, 2017 to former President Alberto Fujimori, who was convicted and sentenced in 2009 to 25 years in prison for murder, kidnapping, and crimes against humanity during his presidency; the IACHR and the UN human rights experts question whether the decision meets international human rights legal requirements, and asserts that it undermines the efforts of victims and witnesses who brought Fujimori to justice. [IACHR Press Release; OHCHR Press Release; HRW: Pardon] See Resolución Suprema No. 281-2017-JUS (2017) [Spanish Only]. The pardon, issued officially for humanitarian reasons due to Fujimori’s health, absolves Fujimori of his convictions and releases him from his sentence. [IACHR Press Release] Peru is obligated under international human rights law to investigate alleged rights violations and punish perpetrators, and not to implement pardons or amnesty laws that undermine the rights to a fair trial and to judicial protection. [IACHR Press Release; OHCHR Press Release]

Some Peruvians and UN experts believe that the pardon was politically motivated because of a potential connection between Fujimori’s pardon and the cancelled impeachment proceedings against President Kuczynski; the impeachment proceedings were dropped just three days after the impeachment hearing of President Kuczynski, who survived a removal vote with the help of a 10-person coalition that crossed party lines to abstain from the removal vote, led by Fujimori’s son Kenji Fujimori. Seven of the 10 lawmakers communicated with Fujimori leading up to the vote. [Reuters; HRW: Pardon; OHCHR Press Release] President Kuczynski’s decision triggered street protests and unrest in Peru. [OHCHR Press Release; Guardian: Pardon] Read more

African Commission Declaration Recommends Expanded Protections for Human Rights Defenders

Reine Alapini-Gansou, the ACHPR Special Rapporteur on human rights defenders, (right) sits with other ACHPR Commissioners
Credit: ACHPR

The African Commission on Human and Peoples’ Rights (ACHPRrecently published the Cotonou Declaration on strengthening and expanding the protection of all Human Rights Defenders in Africa that recommends repealing harmful and discriminatory laws, ensuring compliance with existing international standards that impact human rights defenders, and developing standards on women human rights defenders, among other recommendations. Adopted earlier this year during the 2nd International Symposium on the Situation of Human Rights Defenders in Africa held from March 27 to April 1, 2017, in Cotonou, Benin, civil society, national human rights institutions (NHRIs), and States in the region developed the Declaration. See ACommHPR, Cotonou Declaration on strengthening and expanding the protection of all Human Rights Defenders in Africa (adopted on 1 April 2017). The Commission’s Special Rapporteur on human rights defenders, Madame Reine Alapini-Gansou, organized the colloquium with the goal of strengthening the protection of human rights defenders in the pan-African region through an assessment of the progress made, and the development of new strategies capable of responding to the current needs of human right defenders. See ACommHPR, 60th Ordinary Session of the African Commission on Human and Peoples’ Rights Intersession Activity Report (2017), para. 35. The Declaration identifies the abuse of counter-terrorism laws, undue restrictions on the right to freedom of association, violence and threats of violence against defenders and their families, reprisals, and the targeting of certain groups of defenders, among others, as challenges to the protection of human rights defenders, and recommends, in part, raising awareness through the documentation of violations and publication of reports. See Cotonou Declaration on strengthening and expanding the protection of all Human Rights Defenders in Africa (2017). This Declaration is one of seven declarations adopted by the ACHPR since its founding, and while the ACHPR has adopted resolutions on human rights defenders, the existing treaties, declarations, and general comments in the pan-African Human Rights System do not address human rights defenders specifically.

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UN Commission Urges Security Council Referral of Eritrea to ICC

Press briefing by the UN Special Rapporteur on the situation of human rights in the State of Eritrea, Ms. Sheila B. Keetharuth

UN Special Rapporteur on the situation of human rights in the State of Eritrea
Credit: UN Photo/Manuel Elias

The United Nations Commission of Inquiry on Human Rights in Eritrea has again called on the UN Security Council to refer the situation in Eritrea to the International Criminal Court (ICC) for adjudication of possible crimes against humanity committed by State officials since 1991. Speaking on behalf of the former three-member commission, whose mandate ended in June 2016, Sheila Keetharuth announced to the UN General Assembly on October 28 that the Commission found significant human rights violations intended to maintain the political leaders’ power, no rule of law, a decimated civil society, and a lack of accountability for abuses. [OHCHR Press Release] Among other recommendations, the Commission of Inquiry urged the African Union to create a mechanism for accountability and encouraged UN Member States to accept Eritrean migrants, emphasizing that returning to Eritrea could result in the detention and torture of those individuals. [OHCHR Press Release]

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