July 2020

July 2020 - International Criminal Court Updates

By: Shraddha Dubey, Junior Research Associate, PILPG-NL

In the past month, the International Criminal Court (ICC or Court) saw two judicial developments. First, was the opening of the trial of the Al Hassan case and second, was the scheduling of the trial of the Yekatom and Ngaïssona case. With respect to its internal functioning, the Court has modified its measures adopted to contain the COVID-19 spread and has slowly resumed court hearings. The Court has also launched the #resilience campaign to commemorate Day of International Criminal Justice.

AFRICA

Central African Republic | Yekatom and Ngaïssona case trial to open on February 9, 2021

On July 16, 2020, Trial Chamber V of the ICC scheduled the opening of the trial in the case of The Prosecutor v. Alfred Yekatom and Patrice-Edouard Ngaïssona for February 9, 2021 after considering the submissions by the parties and participants, the rights of the accused, the necessary time for the disclosure of evidence, and the protection of victims and witnesses, as well as the special circumstances of the COVID-19 pandemic. The trial concerns charges of crimes against humanity and war crimes against Alfred Yekatom and Patrice-Edouard Ngaïssona..  [July 16th, 2020]

Mali | Al Hassan trial opens at the ICC

On July 14, 2020, the trial of The Prosecutor v. Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud opened at the ICC before its Trial Chamber X. The crimes under consideration are crimes against humanity and war crimes allegedly committed in Timbuktu (Mali). After the reading of the charges,  Prosecutor Fatou Bensouda and Senior Trial Lawyer Gilles Dutertre took the floor for opening statements. The hearings continued until July 15th, with the end of the Prosecution’s opening statement. The trial will resume on August 25, 2020. [July 14th, 2020]

ICC OPERATIONS

Election of Prosecutor | Public Hearing of shortlisted candidates held on July 29 and 30, 2020

On July 29 and 30 there was a public hearing for the four candidates the Committee on the Election of the Prosecutor shortlisted for appointment as the next Prosecutor of the ICC. Vice-Presidents of the Assembly of State Parties and Civil Society Organisations moderated the two sessions. The sessions consisted of opening remarks by the President of the Assembly, a presentation by each candidate along with questions from State Parties and Civil Society. The hearings were available to view online on the website of the Court. [July 29th, 2020]

Day of International Criminal Justice | ICC marks Day of International Criminal Justice by launching #resilience campaign

On 17 July, the ICC marked the Day of International Criminal Justice. This year, the commemorations focus on the theme of resilience in crisis and conflict. The Court noted that despite the challenges of the COVID-19 pandemic, ICC's country offices around the world have continued their work, maintaining a vital presence in communities affected by crimes. The staff of ICC's country offices celebrated the day with activities and events with communities, whether by radio, webinars, or, where possible, in person. Starting July 17, the ICC will share stories and messages through its #resilience campaign page and on social media.

COVID-19 | Measures adopted to ensure continuity of business 

To participate in containing the COVID-19 spread and in accordance with the measures adopted by the Host State, the ICC has adopted measures to ensure business continuity and fulfilment of its mandate, while protecting the personnel and their families. The Court has now resumed judicial hearings. Access to the Court headquarters for public hearings can only be made by appointment. [July 3rd, 2020]

July 2020

July 2020 - Southern Cameroons Updates

By: Editimfon Ikpat, Junior Research Associate, PILPG-NL

THIS POST COLLECTS UPDATES FROM THE PAST MONTH CONCERNING RELEVANT DEVELOPMENTS IN SOUTHERN CAMEROON. THE INFORMATION IS DRAWN FROM LOCAL AND INTERNATIONAL ONLINE SOURCES.

Anglophone crisis: Ceasefire negotiations

Following the Resolution of the United Nations on July 1st, 2020, to end hostilities and impose a general ceasefire to help combat COVID-19, leaders of the Ambazonia separatist movement, including Sisku Ayuktabe, began peace talks with the Cameroonian government on July 2nd, 2020. This initiative towards peace talks and cease-fire negotiations has been commended by the Coalition for Dialogue and Negotiations. [July 6th, 2020]

Anglophone crisis: Government denies  cease-fire negotiations

The Cameroonian government has denied having cease-fire negotiations with separatist leaders concerning the Anglophone regions of Cameroon. This was made known by a communique released on Monday July 6th, 2020, by the communication minister – Rene Emmanuel Sadi. [July 6th, 2020]

Anglophone crisis: prisoners sign petition for a cease-fire

The Ambazonia Separatist Movement July 8th, 2020, signed a petition addressed to the Cameroonian government containing conditions for which they will participate in negotiations for peace in the Anglophone region. The conditions include 

• The declaration of a cease-fire by the Cameroonian government 

• The withdrawal of Cameroonian soldiers from the Anglophone regions

• The granting of amnesty to Anglophone Cameroonians in the diaspora, to enable them to return

• The release from prison of those arrested in connection with the Anglophone conflict

• Acceptance of the Cameroonian government to participate “in genuine negotiations without conditions on neutral ground and with a mediator defined by mutual agreement”. [July 8th, 2020]

Anglophone crisis: Separatists kill aid worker

On Thursday July 9th, 2020, Felix Mba, a health worker with the Médecins Sans Frontières (MSF), was kidnapped by an unnamed separatist group. He was  found dead on Friday July 10th, 2020. In a press release, on July 11th, 2020, the MSF expressed its shock following the murder of its agent, and has called the parties to the conflict to protect the MSF staff “because they are there for humanitarian reasons”.

Over two weeks following the death of the MSF health worker, the American Secretary of State for African Affairs – Tibor Nagy – on July 24th, 2020,  condemned the murder and has called on the separatists “to let civilians live in peace and stop the violence”. [July 24th, 2020]

International Criminal Court responds to war crimes case against President Biya

On July 16th, 2020, the International Criminal Court (ICC), released its response to the war crimes case brought against the Cameroonian President – Paul Biya. The Office of The Prosecutor has responded that, based on the available information, none of the preconditions for the triggering of the jurisdiction of the Court according to articles 12 and 13 of the Rome Statute, have been satisfied. Therefore, the allegations made do not fall within the jurisdiction of the Court. The complaint was made by Leonel Beteck against the backdrop of atrocities committed by the Cameroonian forces in the North West and South West regions of Cameroon. [July 16th, 2020]

Actors in separatist conflict urged to adhere to call for a ceasefire

The Roman Catholic Organization has urged the actors in the ongoing separatist conflict to adhere to the call for a ceasefire in accordance with the UN Security Council Resolution 2532 adopted on July 1st, 2020. The Women’s Task Force of the Southwest and Northwest region of Cameroon has also called for a ceasefire in line with UN Resolution 2532 of July 1st, 2020. Adding that the adherence to the UN Resolution will serve as a precondition for the presidential plan for the reconstruction of the Southwest and Northwest regions. [July 1st, 2020]

United Nations not interfering in Anglophone crisis

The head of the UN-Sub-Office for the Coordination of Humanitarian Affairs for the Northwest and Southwest regions – James Nunan – at a press conference on Tuesday July 14th, 2020 expressed that the presence of the UN in the conflicting Anglophone regions is mainly to “assist vulnerable populations with relief efforts rather than engage in the conflict.“ The United Nations Development Programme has outlined recovery plans for these affected regions. [July 14th, 2020]

Trial of Ayuk Tabe & Co.  adjourned 

In a notice served on July 15th, 2020, Ayuk Tabe & Co. were to appear before the Yaoundé Appeal Court in the Centre region the following day, July 16th, 2020. However, the case has been adjourned  to August 20th, 2020. It is speculated by their lawyers that there is no reason for the adjournment. [July 15th, 2020]

Hundreds of civilians killed in Anglophone crisis

In its latest report, the Human Right Watch, has estimated that since January 2020 in both the North West and the South West regions of Cameroon, at least two hundred and eighty five civilians have been killed. These killings relate to the ongoing Anglophone crisis. [July 27th, 2020]

July 2020

July 2020 - Human Rights Courts and Committees Updates

By: Diana Sposito & Mohammed Nazeeruddin Khan, Junior Research Associates, PILPG-NL

This month, several updates happened throughout the Human Rights Mechanisms. This article summarizes and highlights the most relevant news from 16 different Human Rights Mechanisms around the world.

INTERNATIONAL

Human Rights Council | Resolutions of the HRC 

The HRC adopted six resolutions, which extended the mandates of the Special Rapporteur on the Situation of Human Rights in Belarus, and of the Working Group on the issue of Human Rights and Transnational Corporations and Other Business Enterprises. They also dealt with the responsibility to protect populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. The HRC supported the resolutions on the elimination of female genital mutilation, the elimination of discrimination against women, and the enhancement of international cooperation in the field of human rights. [July 17th, 2017]

Committee on the Elimination of Discrimination Against Women | States Need to Take Actions to End the Pandemic of Gender-Based Violence 

The UN Women’s Rights Committee urged states to end gender-based violence and the discrimination against women The Committee reported that violence against women increased during the COVID-19 pandemic due to the imposing of lockdowns. The Committee also said that restrictions on the provision of health and reproductive health services, increased domestic and unpaid care responsibilities, and the burden of providing for the basic needs of family life were creating an additional burden on both the physical and mental wellbeing of women everywhere. [July 14th, 2020]

Human Rights Council | Dialogue with the Special Rapporteur on Belarus

The HRC held a dialogue with the Special Rapporteur on the Situation of Human Rights in Belarus, Dr. Anais Marin, who presented her report to the Council. Dr. Marin alleged that Belarus continued to not recognize her mandate and did not cooperate in its implementation. She further alleged that there was no improvement in the situation of human rights in the state. Belarus denied her allegations and said the mandate was incorporated without the consent of the state. [July 10th, 2020]

 Committee on the Elimination of Discrimination Against Women | The Role of Women and Girls in Global Anti-Racism Protests 

The UN Women’s Rights Committee issued a statement supporting black women and girls, calling for a new era of human rights and gender justice, and stressing that the lives of black women and girls also matter. Moreover, the Committee claimed to stand in solidarity with the millions of women and girls who joined the protests after the killing of George Floyd, insisting that their voices calling for an end of racism be heard. [July 10th, 2020]

AFRICA

African Commission on Human and People’s Rights | State’s Socio-Political Situation in Mali

The Country Rapporteur of the Republic of Mali to the African Commission on Human and Peoples' Rights expressed grave concern over the dire socio-political situation prevailing in Mali and, particularly, the violence and degradation following the meeting of 10 July, 2020 organized by the Mouvement du 5 Juin-Rassemblement des Forces Politiques  (M5-RFP). The Commissioner called on all parties to exercise restraint while urging the Security Forces to respect human life, physical integrity, freedom of assembly and demonstration, and the right to property as protected by the ACHPR.[July 14th, 2020]

African Commission on Human and People’s Rights | Unrest in Ethiopia

 The Commission expressed concern over the inter ethnic violence ensuing in Ethiopia that allegedly saw the loss of 239 lives. The Commission reiterated that states must keep in mind that all persons have the right to life and the right to be free from torture and inhuman treatment.  In this regard, the Commission urged for the cessation of violence and called on the government of Ethiopia to take adequate measures to protect human rights. [July 10th, 2020]

African Commission on Human and People’s Rights | Publications of the Guidelines on the Right to Water.

The Commission celebrated the publication of the Guidelines on the Right to Water adopted by it in 2019. The Working Group on Economic Social and Cultural Rights developed the guidelines which provide a soft law instrument to close the gap in the African human rights law on the right to water. The Commission urged states to endorse and implement the guidelines. [July 1st, 2020]

THE AMERICAS

Inter-American Commission of Human Rights | Concern About Restrictions of the Rights of Migrants and Refugees in the United States During COVID-19 Pandemic

The IAComHR urged the United States to adopt measures to ensure the protection of migrants during the pandemic. The Commission also called on the US to preserve effective access to procedures and proceedings to request protection in keeping with the standards applicable to the human rights of all migrant persons. This is due to the observation made by the Commission that, especially in the context of COVID-19, migrants, and other persons in the context of international mobility (refugees, asylum seekers, stateless persons, and others), in the state are allegedly facing serious restrictions on their rights and safeguards. [July 25th, 2020]

Inter-American Court of Human Rights | Nicaragua is Responsible to State Agents Violations

In the case Roche Azaña y otros Vs. Nicaragua, the IACtHR found that the state of Nicaragua is responsible for the death of Pedro Bacilio Roche Azaña and the wounds to his brother, Patricio Fernando Roche Azaña, that state agents caused. The Court also held Nicargaua responsible for the violation of the victims’ legal guarantees and right to legal protection. [July 24th, 2020]

Inter-American Court of Human Rights | Virtual Center for Information on COVID-19 and Human Rights

The IACtHR created a new virtual center on its website to provide information on COVID-19 and human rights. The center was created in accordance with the Declaration 1/2020 on “COVID-19 and Human Rights: Tackling Problems and Challenges with a Human Rights Approach and Respecting International Obligations”. The portal contains information concerning the actions of IACtHR and other international organs during the pandemic. [July 20th, 2020]

EUROPE

European Court of Human Rights | New Judgment Published

The state of The Netherlands lodged an application with the ECtHR against the Russian Federation related to the downing of flight MH17 over the territory of Eastern Ukraine, in July 2014. The government of the Netherlands alleged that the Russian government was responsible for the deaths, in breach of Articles 2 (right to life), 3 (prohibition of torture and inhuman or degrading treatment), and 13 (right to an effective remedy) of the European Convention on Human Rights. The state of Russia has repeatedly denied its involvement in the crash of MH17. [July 15th, 2020]

European Court of Human Rights | New Judgment Published

The Grand Chamber of the ECtHR decided on the Mugemangango v. Belgium case pertaining to the 2014 election dispute in Belgium. The judgement is centered around the rights to free elections and the right to an effective remedy. The Court decided in favour of the petitioner stating that the Walloon Parliament, which was the only domestic body to act upon the petitioners complaint, could not prove its impartiality and could not provide procedural safeguards to him. [July 10th, 2020]

July 2020

July 2020 - Domestic Prosecution of International Crimes Updates

By: Sophia Zademack, Junior Research Associate, PILPG-NL

This month, several states have initiated or continued to prosecute international crimes in their domestic jurisdiction. This article summarizes and highlights some of them, relying on international and national sources. 

EUROPE

Germany | Ex Soldiers form The Gambia arrested           

The German Federal Prosecutor General is investigating several asylum seekers from The Gambia.  Officials of the Baden-Württemberg State Criminal Office (LKA) and the Federal Criminal Police Office (BKA) searched the homes of seven Gambian nationals.  The men are suspected of involvement in torturing, ill-treatment, and murder of opposition figures for the former Gambian President Yahya Jammeh.  The Federal Prosecutor General is investigating suspicion of crimes against humanity.  [July 9th, 2020]

France | Probe opened into Rwandan genocide suspect           

France opened a probe into alleged crimes against humanity by a top former Rwandan military official, Aloys Ntiwiragabo, during the Rwandan genocide in 1994.  Prosecutors said that a preliminary investigation was opened after Ntiwiragabo was found hiding in the suburbs of the city of Orleans, France.  The ICTR, Interpol, France, as well as Rwanda had dropped arrest warrants years ago., The former Rwandan spy chief was tracked down by an investigative newspaper.  [July 25th, 2020]

Germany | Argentinian crimes against humanity suspect hiding in Berlin            

Luis Esteban Kyburg, who is accused of crimes against humanity in Argentina, has been hiding in Berlin. Allegedly, he was involved in in torture and killings of political opponents of the Argentinian government between 1976 and 1983.  Despite the extradition request for Mr. Kyburg, the German authorities have refused to hand him over to Argentina.  German reasoning is based on Kyburg’s German citizenship, because of which he cannot be prosecuted elsewhere.  [July 17th, 2020]

AUSTRALIA

Australia |Australian Special Forces Chief admits that Special Forces committed war crimes in Afghanistan Australian Special Operations Commander Major-General Adam Findlay has admitted to criminal misconduct by the Australian Special Air Force (SAS) soldiers in Afghanistan. The comments by General Findlay on the war crimes committed in Afghanistan come in light of the ongoing Brereton Inquiry that investigates 55 cases of alleged misconduct by Australian special forces. According to Findley, the crimes are a result of ‘poor leadership’ in the Australian military. This statement has gained notice due to the fact that it is the first time a senior officer on active duty has admitted that these crimes took place.  [June 30th, 2020]

AFRICA

Libya | United Nations Human Rights Council decides to send Fact Finding Mission to Libya            

The United Nations Human Rights Council resolved to send a fact-finding mission to Libya to document alleged war crimes committed in the country since 2016.  Adopted unanimously by the UN Human Rights Council, it calls on the High Commissioner for Human Rights to establish and dispatch a fact-finding mission to Libya. The fact-finding mission is to document alleged violations and abuses of international human rights law and international humanitarian law by all parties in Libya since the beginning of 2016.  [July 1st, 2020]

UN /Syria | UN Investigations find possible evidence of war crimes and crimes against humanity           

A UN investigation found that during the battle for the Idlib province, actors committed war crimes and possible crimes against humanity.  The Independent International Commission of Inquiry on Syria found that Assad’s military forces subjected the Syrian people to intense violence and suffering during their campaign in 2019. The Inquiry’s report listed 52 attacks by all parties that resulted in damage to civilian areas. The report also warns of a ‘ticking time bomb’  in Syria, where war crimes have allegedly been committed by Syrian, as well as Russian forces.  [July 7th, 2020]

Covid-19 and the Transgender experience

By: Shraddha Dubey, Junior Research Associate, PILPG-NL

As the entire world struggled to sail through the tumultuous sea that is the outbreak of Covid-19, some were equipped with better boats for the journey than others. While governments all around the world have made their best efforts to prepare their citizens   to cope with the challenges of Covid-19, the measures undertaken often leave many individuals  asking for more. Some of these measures perhaps adopted with positive intentions have caused further hardships to certain sections of the society. This blog seeks to highlight some challenges faced by transgender individuals that have been created and further worsened by the Covid-19 outbreak.    

Gender Based Lockdown Measures

Many countries have adopted gender based measures to curtail the spread of Covid 19 which have given rise to numerous challenges. In Peru, gender based quarantine provisions were implemented. However, the provisions included a non-discriminatory clause and President Martin Viscarra gave statements declaring the measures to be trans-inclusive after incidents of harassment of on transgender individuals ensued. Eventually, these measures were removed for being ineffective. In Bogota, Colombia, gender based quarantine rules were in place from April 13th until May 11th, but they included trans-sensitive provisions and allow transgender people to comply with the rules according to their chosen gender identity. Following much criticism, the Mayor of Bogotá decided to instate measures based on the last digits of the ID number. 

Similarly, Panama implemented a gender-based quarantine schedule to curb the spread of Covid-19. This schedule requires men and women to remain quarantined on alternate days, disregarding the existence of transgender individuals. Numerous incidents of harassment of transgender individuals by police and security officers while accessing essential commodities have been reported. This discrimination was experienced irrespective of whether they adhered to the schedule based on the sex mentioned in their national identification cards or based on their chosen gender identity. These measures violate the human rights of transgender individuals including their right to identity and right to equal treatment. While governments are empowered to legally restrict some rights like that of freedom of movement in their response to the Covid-19 emergency, these restrictions must be consistent with fundamental principles of non-discrimination. After over a month of implementing the gender-based quarantine schedule, the Panama government expressed its commitment to prevent discrimination faced by transgender people. It gave instructions to security agencies to not discriminate against transgender people while enforcing Covid-19 restrictions. 

All the aforementioned policies of gender segregation disregard the existence of non-binary people who may experience hardships because they do not identify with either of the genders specified in the quarantine schedules. Above all, these gender based segregation rules inevitably reiterate biological determination of gender and sexuality and impose a binary notion of gender.

Use of Emergency Powers to Restrict Gender Recognition

Further away from Latin America, transgender individuals are facing other challenges in Hungary. The incumbent government in Hungary has successfully passed a law to end the legal recognition of transgender individuals by defining gender as ‘biological sex’. This makes it impossible for people to legally change their gender. Hungary’s action of adopting legislation that allows its Prime Minister to rule by decree indefinitely has been widely criticised. This is particularly so because the sitting Parliament is focusing on other issues like this new legislation instead of dealing with Covid-19. This law makes lives of transgender individuals prone to risk of discrimination, harassment and even violence during the time of the pandemic when they need to use identity documents on a regular basis to access essential services.

The bill stands in clear contravention to the European Convention of Human Rights. In its previous case laws, the European Court of Human Rights has held that gender identity is a basic element of self determination. It also declared that refusal to legally change an individual's gender identity could amount to discrimination and violate the right to respect for private lives’.

Exacerbation of Access to Healthcare Issues

Besides these unique experiences and challenges faced by transgender individuals during the Covid-19 pandemic in different parts of the world, a common struggle of the community is with regards to health care which has worsened during the pandemic.  Access to health care services by transgender individuals is often marred with legal obstacles, violence combined with social stigma and discrimination. This is often evidenced in reluctance of medical professional to engage with transgender individuals. This puts transgender individuals at a particularly higher risk of mortality due to difficulty in accessing treatment. The present circumstances have also resulted in poor rates of access to health care services related to HIV treatment.  The increased prevalence of HIV amongst transgender population with compromised access to healthcare, increases their vulnerability to the disease of Covid-19. Family rejection along with absence of employment and social protection further compounds the problem of their vulnerability to the disease. The lack of provisions to address these challenges violates the human rights of right to availability and accessibility to health care of transgender individuals.

In Egypt, this problem is likely to manifest itself by creating a situation where transgender individuals are too afraid to undertake treatment or seek HIV medication. In response to the spread of Covid-19, Egyption authorities designated the country’s fever hospitals as testing centres for Covid-19. These fever hospitals are the only centers where people living with HIV can get medication. Their designation as testing centres for Covid 19 may cause hardships to those in need for HIV medication, since they are afraid to go to hospitals for the fear of catching the disease. HIV patients have not been assigned alternate treatment centres. Additionally,  issues of gender identity may also cause difficulties for the transgender community in accessing Covid 19 relief measures due to the absence of official identity cards corresponding to the gender of their choice. 

Conclusion

As the world continues to cope with the unprecedented threats that Covid 19 brings, we are constantly reminded that the experience of the pandemic is not uniform for everyone. As demonstrated above, the experience is particularly difficult for transgender individuals who face increased discrimination and challenges to their existence due to the insufficiently designed measures adopted by government authorities. As the celebrations of the Pride month have come to an end amidst the Covid-19 pandemic, it will be interesting to see whether measures adopted to curtail the pandemic will be more mindful of the transgender experience.