Monthly News Updates: Human Rights Institutions - July 2021
By: Irene Aparicio García, Junior Research Associate, PILPG-NL
The following post summarizes and highlights the work of regional and international human rights institutions around the world in the month of July.
EUROPE
European Court of Human Rights | Russia lodges its first inter-state complaint before the ECtHR against Ukraine
The ECtHR has registered a Russian inter-state application against Ukraine. This is Russia’s first inter-state application before the ECtHR. The case concerns the alleged systematized oppression by Ukraine of Russian-speaking individuals in Ukrainian territory. Russia also complained about Ukraine allegedly shutting down the water supply of the Northern Crimean Canal. Furthermore, the complaint alleges that Ukraine bears responsibility for the downing of Malaysia Airlines Flight MH17, due to its failure to close its airspace. The ECtHR rejected Russia’s request for interim measures to protect Russian-speaking individuals in Ukraine. [July 23, 2021]
European Court of Human Rights | The ECtHR finds a failure by Russia to provide a legal framework for the acknowledgment of same-sex couples
The ECtHR has issued its judgment on the Fedotova and Others v. Russia case. The case concerned the lack of domestic law acknowledging the ability of same-sex couples to marry at Russian municipal registry offices. The ECtHR found a violation of the applicants’ right to respect for private and family life. [July 13, 2021]
European Court of Human Rights | The ECtHR declares inadmissible an application on the alleged murder of Yasser Arafat
The ECtHR has declared the application for the case of El Kodwa Arafat v. France inadmissible. The applicants are the widow and daughter of Yasser Arafat, the previous Chairman of the Palestine Liberation Organization. The applicants claimed that the refusal of French authorities to admit an expert report on the circumstances of the death of Yasser Arafat as evidence amounted to a violation of their right to a fair trial. The ECtHR held that French authorities acted diligently upon the complaint. [July 1, 2021]
AFRICA
African Commission on Human and People’s Rights | The ACHPR expresses its concern over excessive use of force during protests in the Kingdom of eSwatini.
The ACHPR has expressed its concern over eSwatini police’s excessive use of force and the human rights violations during pro-democracy protests. These protests started after police forces killed a student on May 14. Since this date, eSwatini has deployed further personnel to subdue the protests, resulting in more civilian deaths. [July 17, 2021]
African Commission on Human and People’s Rights | The ACHPR and the UNHCR express their concern over the migratory crisis in Mozambique
The ACHPR and the UN High Commissioner for Refugees (UNHCR) have expressed their concern over the migratory crisis in Mozambique. The number of internally displaced persons is consistently increasing due to the conflict in northern Mozambique, and the situation continues to deteriorate due to attacks by non-state armed groups. Moreover, the ACHPR and the UNHCR have expressed their concern over the Tanzanian authorities’ pushbacks of Mozambican migrants who try to cross the border. [July 16, 2021]
THE AMERICAS
Inter-American Commission on Human Rights | The IAHCR and the IACtHR condemn the murder of the President of Haiti, Jovenel Moïse
The IACHR and the IACtHR have condemned the murder of the President of Haiti, Jovenel Moïse, by an armed group on June 7, 2021. Both institutions have given their condolences to the family and have expressed their concern over the health status of the wife of the President, who was injured during the attack. The IACHR has called on Haiti to continue to respect democratic principles and the human rights of its population. [July 9, 2021]
Inter-American Commission on Human Rights | The IAHCR publishes its observations and recommendations on a working visit to Colombia
The IACHR has published its report on its working visit to Colombia, which it conducted between June 8 and June 10 of this year. The IACHR carried out the state visit following the reports of the security forces’ excessive use of force and human rights violations during the civilian protests that started on April 28. The report includes the IACHR’s observations and recommendations, such as the need for inclusive dialogue and the consideration of human rights leaders. [July 7, 2021]
Inter-American Commission on Human Rights | The IAHCR refers the case of Fabio Gadea and Daniel Ortega to the IACtHR
The IACHR has referred the case of the Nicaraguan Fabio Gadea to the IACtHR. The applicant was the political opponent of Daniel Ortega, current president of Nicaragua, in the 2011 presidential elections. The case concerns the legality of the candidacy of Ortega in the elections since a decision by the Supreme Court of Justice determined that Ortega could participate again despite having already served two presidential terms. [July 8, 2021]
Inter-American Commission on Human Rights | The IACHR condemns human rights violations during the peaceful protests in Cuba
The IACHR and one of its Special Rapporteurs have condemned the Cuban authorities’ excessive use of force and the arbitrary detentions since peaceful protests commenced on July 11. The protests started in reaction to decreasing access to food and basic provisions in Cuba since the beginning of the COVID-19 pandemic. The IACHR has called on Cuba to join the international human rights mechanisms and to respect the protestors’ freedom of assembly. [July 15, 2021]
The IACHR’s Office of the Special Rapporteur for Freedom of Expression has also expressed its concern over the human rights violations during the protests in Cuba. The protests were followed by arbitrary arrests and improper safeguards ensuring due process and fair trial of the protestors. The Office has called on Cuba to redirect its approach towards the protests and strengthen the respect for human rights. [July 23, 2021]
UN MECHANISMS
UN High Commissioner for Human Rights | The High Commissioner for Human Rights expresses concern over the misuse of surveillance technology of the Pegasus software
The UN High Commissioner for Human Rights has expressed concern over the widespread use of the Pegasus software for the surveillance of human rights advocates, journalists, and politicians. The High Commissioner has stressed that the misuse of surveillance technology can lead to human rights violations and even murders of civil society actors. The High Commissioner also stressed that it is the responsibility of surveillance technology companies to ensure that their software is not used for human rights violations. [July 19, 2021]
Human Rights Council | Developments during the Human Rights Council 47th session
The Human Rights Council finalized its 47th session on July 14, 2021. During the session, the Council created an independent expert mechanism on systemic racism in law enforcement. The Council also extended the missions of the Special Rapporteurs on the ongoing human rights situations in Eritrea and Belarus. [July 14, 2021]
Moreover, the UN Special Rapporteur on the situation of human rights in the Palestinian territories occupied by Israel since 1967 presented his annual report during the Human Rights Council session. The expert concluded that Israeli settlements in occupied territories amounted to war crimes under the Rome Statute of 1998 and the Fourth Geneva Convention. The Palestinian representative complained that Israel did not send a delegate to attend the session. [July 9, 2021]
Lastly, the chair of the Independent International Commission of Inquiry on the Syrian Arab Republic issued a statement during the Human Rights Council session on July 6. The chair stressed the ways in which the COVID-19 pandemic has affected Syrian civilians amidst the ongoing conflict in the region. The chair also stressed the need to design and implement a “mechanism on the missing” to register persons that cannot be found or who are detained, which could help in determining the number of deaths. The Syrian representative complained of interventionism and alleged human rights violations by external actors, like the United States and Turkey. [July 6, 2021]