European Committee of Social Rights
Credit: Council of Europe
In March, universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports and country visits. Five United Nations treaty bodies and two pre-sessional working groups will be in session to assess States’ progress regarding economic, social and cultural rights; children’s rights; civil and political rights; the rights of persons with disabilities; and, migrants’ rights. The Human Rights Council will continue to hold its first of three regular sessions in 2020. Seven UN special procedures will conduct country visits in March. Additionally, two UN Working Groups will hold sessions in Geneva, Switzerland. Regionally, the African Commission on Human and Peoples’ Rights (ACHPR), the European Committee of Social Rights (ECSR), the Inter-American Commission on Human Rights (IACHR), and the Inter-American Court of Human Rights (IACtHR) will hold public sessions. The European Court of Human Rights (ECtHR) will also hold a Grand Chamber hearing.
The UN treaty body sessions, the ECtHR’s Grand Chamber hearing, and the public hearings of the IACtHR and the IACHR may be watched via UN Web TV, the ECtHR’s website, and the IACtHR’s Vimeo page and the IACHR’s YouTube page, respectively. Civil society members wishing to attend sessions should monitor updates related to the spread of the COVID-19 (Corona) virus, which may result in cancelled sessions or meetings and/or additional health checks.
To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more
Security Council Extends Mandate of UNAMI
Credit: UN Photo/Manuel Elias
A new United Nations report on the right to education in Iraq concludes that, two years after the defeat of the Islamic State in Iraq and the Levant (ISIL), many children and young adults remain unable to access secondary education because of difficulties obtaining the necessary documents, restrictions on travel within the country, and limited or inadequate educational programs. [UN News Press Release] The United Nations Assistance Mission for Iraq (UNAMI) and the UN Office of the High Commissioner for Human Rights (OHCHR) released the joint report, titled The Right to Education in Iraq: Part One – The legacy of ISIL territorial control on access to education, on February 17, 2020. The short text focuses on children 12 and older who live in camps for internally displaced persons (IDPs) or in former ISIL-controlled areas; it identifies key challenges, provides an overview of the legal framework to the right to education, and presents recommendations to the Iraqi government. See OHCHR & UNAMI, The Right to Education in Iraq: Part One – The legacy of ISIL territorial control on access to education (2020), 6, 9-12, 14. The report is the first in a series that will examine access to post-primary education in Iraq’s post-conflict context, taking into account the different circumstances that prevent children from Iraq’s various ethnic, religious, and social groups from accessing education. See id., p. 4.
MONUSCO Peacekeepers on Patrol in Eastern DRC
Credit: UN Photo/Michael Ali
In a new report, a United Nations entity asserts that violent attacks, including sexual violence, between members of the Lendu and Hema community in the Democratic Republic of Congo since late 2017 may constitute crimes against humanity and war crimes. In January 2020, the Human Rights Division of the United Nations Organization Stabilization Mission in the Democratic Republic of the Congo (MONUSCO) and the UN Office of the High Commissioner for Human Rights (OHCHR), which together make up the UN Joint Human Rights Office (UNJHRO) in the DRC, published a report assessing violence in the DRC’s northeastern Ituri province in the context of inter-ethnic tensions between the communities of Hema herders and Lendu farmers. [OHCHR Press Release] The report documents widespread attacks against civilians, mainly targeting the Hema community and including women and children, between December 2017 and September 2019. See UNJHRO, Rapport public sur les conflits en territoire de Djugu, province de l’Ituri Décembre 2017 à septembre 2019 (2020) [French only]. In particular, the report finds that the attacks may constitute the crimes against humanity of murder, torture, rape and other forms of sexual violence, among others – and, given that the events took place in the context of an internal armed conflict, may also constitute war crimes. See id. at paras. 78-81. The office of the UN High Commissioner for Refugees (UNHCR) estimates that at least 556,000 people have fled from the Ituri province as a result of the conflict, and about 57,000 people have fled to neighboring Uganda to seek refuge over the past two years. [UN News: Report] The new report consolidates and expands upon previous reporting by UNJHRO and UNHCR on the conflict. [VOA; Al Jazeera; UN News: Flare-Up]
Signing of the MOU between the UN and the World Economic Forum
Credit: UN Photo/Manuel Elias
Over the past several months, supranational human rights bodies have announced a flurry of joint events and agreements, highlighting some specific rights challenges and the increasing importance of technical collaboration. Between September and November 2019, the African Commission on Human and Peoples’ Rights (ACHPR), the European Court of Human Rights (ECtHR), the Inter-American Commission on Human Rights (IACHR), the Inter-American Court of Human Rights (IACtHR), the United Nations Office of the High Commissioner for Human Rights (OHCHR), and the United Nations Education, Scientific and Cultural Organization (UNESCO) were among the bodies that entered into cooperation agreements or hosted events to formalize and enhance collaboration in the implementation of human rights instruments. While there are many other examples over the past decade, it is noteworthy that these collaborations appear to be happening with increasing frequency, formality, and transparency.
Press Conference by Foreign Minister of Guatemala
Credit: UN Photo/Manuel Elias
The governments of Guatemala and Nicaragua each recently issued decisions terminating cooperation with international and regional oversight bodies in critical areas of human rights, prompting strong criticism. [UN News: Nicaragua; IACHR Press Release: Guatemala; European Council Press Release] Escalating his September 2018 decision that Guatemala would not renew its agreement with a United Nations-backed anti-corruption investigatory body, the International Commission against Impunity in Guatemala (CICIG), Guatemalan President Jimmy Morales unilaterally decided to expel the body prior to the agreement’s expiration and ahead of the next presidential election. [UN News: CICIG; NY Times; IJRC: Oversight] Additionally, in December 2018, the Nicaraguan government, amid mounting civil unrest, announced measures effectively barring two monitoring mechanism set up by the Inter-American Commission on Human Rights (IACHR), and stated that it would no longer accept IACHR visits. [IACHR Press Release: Nicaragua; UN News: Nicaragua] UN experts have resoundingly condemned the governments for disregarding their international legal obligations under these agreements and the human rights at stake in the absence of this oversight. [UN News: CICIG; UN News: Nicaragua]
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
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]
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.
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
U.S. Customs and Border Patrol at the San Ysidro crossing
Credit: Josh Denmark
Recent changes in the United States’ immigration policies have drawn fresh condemnation from human rights experts and civil society, particularly as news spread that authorities had separated approximately 2,000 children from their parents at the country’s southern border. [IACHR Press Release; OHCHR Press Release; UNHCR Press Release] These changes include automatic criminal prosecution and detention of adults – including asylum seekers – entering the United States without authorization, separation and detention of children who crossed the southern border outside a port of entry with their parents, and a directive instructing immigration officials not to recognize a State’s failure to protect victims of gang violence and domestic violence as grounds for asylum. In response to criticism earlier this month, President Trump signed an Executive Order on June 20, 2018 to detain children and parents together, but that also raised concerns because it did not address the reunification of separated families and proposed modifying time limits on detention of families. [OHCHR Press Release: UN Experts] The policy changes add to long-standing human rights concerns related to U.S. immigration policy. This post reviews 10 of the primary principles implicated. Read more