ASP19 Side Event: Ending Violence Against Women and Girls under the Rome Statute System

19TH SESSION OF THE ASSEMBLY OF STATES PARTIES 

8 December 2020

Name of the Side Event: Ending Violence Against Women and Girls under the Rome Statute System (Co-hosted by the Dominican Republic, Finland, and Trust Fund for Victims (TFV))

Report by: Marielotte van Ballegooijen, Junior Research Associate PILPG-NL

Highlights: 

• The Side Event was hosted by the TFV in support of the 2020 UNiTE Campaign Theme: "Orange the World: Fund, Respond, Prevent, Collect!”, 16 Days of Activism against Gender-Based Violence (25 November to 10 December 2020). 

• Panelists underlined the importance of States Parties to the CEDAW to financially contribute to the TFV.

• Panelists noted that CEDAW States Parties should hold perpetrators of violence against women accountable so victims are given hope and are encouraged to testify. 

Summary of the Event: 

On the first day of ASP side events, this virtual event was organized by the Trust Fund for Victims (TFV) in support of the 2020 UNiTE Campaign Theme: Orange the World; Fund, Respond, Prevent, Collect!. The moderator of the event, Ms. Franziska Ecklemans, legal advisor at the TFV, started by introducing the panelists: Chief Prosecutor Ms. Fatou Bensouda, Ms. Minou Tavarez Mirabal, and Ms. Mama Koite Doumbia. Ms. Ecklemans also introduced the co-hosts of this event, the Ambassador of Finland, H.E. Päivi Kaukoranta, and the Ambassador of the Dominican Republic, H.E. Guillerm Pina-Coñtreras.

Following these introductions, H.E. Kaukoranta started the event by referring to Finland’s leading role in both gender equality and in the prevention of violence against women and girls. Finland is an avid contributor to the TFV, specifically contributing to compensation for women who have experienced sexual violence. Next, H.E. Pina-Contreras described the history of the UN International Day for the Elimination of Violence Against Women. On 25 November 1960, sisters Minerva, Patricia, and Maria Mirabal, political activists against the regime in the Dominican Republic, were brutally murdered under the direction of then-president Trujilo. Their assassination serves as a symbol for the victimization of women and in 1991, the UN General Assembly declared 25 November as International Day for the Elimination of Violence Against Women.

Ms. Minou Tavarez Mirabal, member of the Board of Directors of the TFV and daughter of Minerva Mirabal, as mentioned above, highlighted the importance of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the International Day. Ms. Mirabal noted that because half of the world comprises women, the issue of violence against women forms a central challenge we face as a planet. Ms. Tavarez Mirabal subsequently called upon all states to take three actions. First, states should implement the CEDAW in order to give hope to women and girls who have experienced violence. Second, states should commit to prosecuting individuals suspected of violence against women and hold perpetrators accountable. Third, states should focus on victim reparations, which can take any form, such as monetary compensation or truth-seeking. Ms. Tavarez Mirabal concluded by pleading to all CEDAW States Parties to contribute financially to the TFV to support it in fulfilling its important mandate. 

The event then included testimonies of four women who suffered violence at the hands of the Lord’s Resistance Army (LRA) in Uganda. In their testimonies, the women described how the TFV helped and empowered them. One survivor, Ms. Akello Brenda, shared her story of being abducted by the LRA and forced to commit atrocities, or have such atrocities committed against her, such as rape. When she returned home, she was stigmatized and ostracized by her community. The TFV helped her by providing counseling, compensation, and assisted her to visit a hospital to be treated for the violence she had suffered at the hands of the LRA.

After these testimonies were shown, Chief Prosecutor Fatou Bensouda shared how she was inspired during her time as a court clerk in the Gambia by the countless courageous women who came forward to share the violence they endured. Ms. Bensouda noted that these stories empowered her to try to help victims as ICC Prosecutor. She underlined the importance of the Rome Statute as the first international instrument that uses the term “gender” in relation to violence. It is also the first international instrument that defines what gender-based violence is and what crimes fall under that definition. Similar to Ms. Tavarez Mirabal, Benosouda called on the empowerment of women and girls in order to continue the fight to prevent violence against them and to create a better world for generations to follow.

Ms. Mama Koite Doumbia, Chair of the Board of Directors for the TFV, concluded the event with remarks on the gravity of the situation as well as thoughts for the future, reiterating the importance of the commitment of States Parties to the CEDAW, both financially and politically, to the TFV. She noted that although the situation is grim around the world, the situation is particularly grave in Africa and that millions of victims could be helped if both compensation funds and political measures are enacted upon.

ASP19 Side Event: La transition politique et la lutte contre l’impunité au Mali

19TH SESSION OF THE ASSEMBLY OF STATES PARTIES 

8 December 2020

Name of the Side Event: La transition politique et la lutte contre l’impunité au Mali (co-hosted by Lawyers Without Borders Canada (LWBC) and International Federation for Human Rights (FIDH))

Report by: Paul Weber, Junior Research Associate PILPG-NL 

Highlights: 

• Impunity for international crimes and extra-judicial releases of suspects of serious international crimes in Mali contribute to eroding trust in the institutions.

• Lack of political will and the ongoing peace negotiations, in which prisoner releases are part of compromises, prevent the ending of impunity for crimes committed in Mali.

• Civil society organizations are engaged in fact-finding missions and in advancing cases in Mali, yet struggle with the lack of resources and consequences of the COVID-19 pandemic.

Summary of the Event: 

On Tuesday, 8 December, Avocats sans Frontières (ASF) Canada, together with the International Federation of Human Rights (IFHR) and the Moroccan Association of Human Rights (AMDH) in association with the Belgian Permanent Representation to International Institutions in the Hague, organized a side event to the 19th ASP on the situation in Mali. Since the end of the conflict in Mali, the country has been in a political transition period, slowly returning to peace. However, impunity for the crimes perpetrated during the period of violence is threatening the efficiency of the peace process. 

The event started with a welcome note by H.E. William Roelants de Stapper, the Belgian Permanent Representative to the International Institutions in the Hague. H.E. Roelants de Stapper noted that Mali faces a difficult road to peace and emphasized that the fight against impunity for international crimes committed during the conflict remains a crucial step for a peaceful future. The event’s moderator, Ms. Drissa Traore, secretary-general of IFHR, gave the word to Mr. Cheick Diakité, who is charged with strategic litigation for ASF Canada. Mr. Diakite emphasized that a successful political transition for Mali requires the punishment of human rights violations. He reported on promising initial steps towards providing justice to victims of instances of mass violence. Nevertheless, Mr. Diakité expressed concern that steps towards strengthening the judicial system had faltered in the face of another military uprising this year.

The following speaker, Mr. Drissa Traore (coincidentally having the same name as the moderator), reported on the far-spread occurrence of extrajudicial releases of suspects of crimes. Mr. Traore, who is joint coordinator of IFHR and AMDH for Mali, expressed deep concern toward the ease with which high profile suspects were released without protocol. He noted that the release of prisoners remains an important bargaining chip for the government in its negotiations with armed militias in the country. Furthermore, releasing imprisoned militia fighters is often used to in turn achieve the release of hostages. However, on several occasions, the government set free suspected perpetrators of serious violations of human rights before or even while they were standing trial. A number of offenders were released after their conviction. In all these instances, the government had not applied protocol, nor ensured that victims would be granted the compensations courts had ordered. Mr. Traore reported that these high-profile instances of impunity have increased distrust in judicial institutions in Mali. He identified a lack of political will within Mali as a main driver of impunity. Though he was sympathetic to the government's need to compromise, he remarked that justice should not be sacrificed in negotiations. 

Mr. Mamadou Diarra, a Malian lawyer and founder of ASF Mali, then directed the focus of the event to victim needs. In the face of torture, arbitrary detentions, and other serious human rights violations, he emphasized the desire for justice, reparations, and peace. The Malian judicial system has to guarantee that trials are completed. In particular, the lack of trained personnel and resources prevents this from being possible, according to Mr. Diarra, also highlighting cooperation with the ICC as a possible way out of the current dilemma. ICC involvement could assist the fight against impunity. Furthermore, civil society could have an important role in sensitizing the population to the issue of impunity and in the gathering of evidence for trials. Nevertheless, for Mr. Diarra, the most important step remains ending the state’s practice of extrajudicial release of prisoners. “Justice done improperly is no justice at all”, he concluded. 

During the question and answer section of the event, participants further touched upon ways out of the current situation of impunity in Mali. The impact of the COVID-19 pandemic played a special role here. Mr. Traore reported that the virus had further complicated access to witnesses and victims and the gathering of evidence by human rights organizations. The panelists agreed that a way out of the dilemma would not require new mechanisms, but that the government should instead focus on improving and ensuring the effectiveness of existing judicial mechanisms. Lack of political will resulted in alternative approaches such as fact-finding missions being left without consequence. In ending impunity in Mali, panelists agreed, attention should be paid to strengthening the rule of law and the independence of the judiciary. 

ASP19 Side Event: Addressing Sexual Harassment in International Organizations – Best Practices from Human Rights Organizations for the ICC Elections

19TH SESSION OF THE ASSEMBLY OF STATES PARTIES 

8 December 2020

Name of the Side Event: Addressing Sexual Harassment in International Organizations – Best Practices from Human Rights Organizations for the ICC Elections (co-hosted by Austria, the Netherlands, Open Society Justice Initiative (OSJI), and Women Initiatives for Gender Justice (WIGJ))

Report by: Rachel Grand, Research Associate PILPG

Main Highlights: 

• In the past few years, greater attention has been brought to the need to address sexual violence and harassment in the workplace at international organizations, including at the ICC.

• Panelists underlined that protocols should be in place to address sexual violence and harassment in the workplace, as well as a code of misconduct explicitly designed for international organizations. 

• A cultural shift away from normalizing sexual violence and harassment in the workplace requires comprehensive vetting of leadership and a commitment at all levels of the organization, particularly among those in positions of power.

Summary of the Event: 

After introducing the panelists, Ms. Alix Vuillemin (WIGJ) kicked off the event by highlighting the topic's relevance in light of this ASP’s election of a Prosecutor as well as six new judges. 

Ms. Macarena Saez, Faculty Director for the Center for Human Rights and Humanitarian Law at American University, presented findings from a 60-page report compiled over five months on gender and sexual-based violence within international organizations, specifically referring to applicable laws and best practices to establish guidelines for international organizations when addressing sexual violence and harassment. The report did not aim to create a model code of conduct or protocol, as each institution requires its own institutional diagnosis to understand the factors that contribute to the specific organization's culture. The diagnosis should be based on interviews, surveys, assessment of risk factors, and a complete analysis of policies and procedures within the organization to see how they contribute to sexual harassment or prevent people from coming forward. Ms. Saez noted that a comprehensive code of conduct that binds all people by the principle of equality and non-discrimination is necessary to change the institutional culture.  

The report concludes that the two most important instruments for an international organization are: 1) a code of conduct and 2) a protocol to receive and investigate allegations of sexual harassment, both following the principle of non-discrimination, victim-centered, and accessibility. Additionally, the suggested best practices should have a broad scope of those who are protected from violence and harassment and bound by the code of conduct (consisting of those affiliated with the organization and external audiences). The protocol does not need to have a legal standard but should rather focus on ensuring reparations for those who have suffered and on creating a change in the organization's environment rather than remaining a private event. Another way to generate a cultural shift is regular mandatory training; however, these are only effective if they are designed with situations that arise within the particular organization in mind. Ms. Saez noted that those in positions of high authority within the organization should commit to creating a culture free of sexual violence and harassment. Along those same lines, there should be a commitment to gender parity at all levels and transparent hiring processes to foster an environment free of sexual harassment further.  

Ms. Saez further underlined the importance of having a specific office or person in charge of claims of sexual violence or harassment who ensures confidentiality, an easiness to submit claims, a broad timeframe to submit a claim (at least three years), and who gathers evidence. The (at minimum) three stages in the reporting process – advice, investigation and evidence gathering, and determination of sanctions and reparations - should involve different people. 

In the Q&A part of the event, Ms. Saez emphasized that leaders must convey a commitment to creating a cultural shift away from normalizing sexual violence and harassment within international organizations, for instance expressed in messaging on the website and in contracts. 

Ms. Kelsey Froehlich, a partner at the Mintz Group, spoke next on vetting and background check processes. This information was particularly timely given civil society organizations' recommendation for a comprehensive vetting of candidates for the next ICC Prosecutor. Ms. Froehlich highlighted the importance of background checks to weed out potential bad actors before the process of onboarding a key hire or appointment.  Specifically, she discussed the appropriate level of vetting for an appointment for a position of moral authority, including three levels of background checks: (1) basic criminal background checks; (2) further study into civil litigations, detailed press, and social media research to identify potential patterns; (3) more thorough examination on online forums where bad actors within an industry may be discussed and interviewing references and non-references, such as individuals the person has managed). 

Ms. Froehlich concluded by highlighting the elevated consciousness of sexual violence and harassment in recent years that has brought more allegations to light, which can be discovered through a comprehensive vetting process for those appointed to serve in leadership positions. 

Lastly, Ms. Ruth Frolich, President of the ICC Staff Union, highlighted that while the ICC has taken steps in recent years to reduce workplace misconduct, concerns remain. She noted that this is due to the complexity of addressing the issue, as well as how deeply embedded it is in many international organizations' cultures. Similar to the other speakers, Ms. Frolich highlighted the importance of leadership and fostering more in-depth and informed conversations rather than the normalization of harassment. A code of conduct that includes policies and is implemented by leadership and personnel can be helpful in this regard. 

The ICC Staff Union advocates for staff's rights and well-being through policymaking and individual staff assistance in employment matters. In the past three years, the Union has examined harassment and discrimination issues at the ICC, which included launching a survey. The Union published a policy paper on harassment, which the Court is currently using to amend its policy, and launched an awareness-raising campaign encouraging speaking up against harassment. Ms. Frolich highlighted that staff in the past few years have gained a greater understanding of their rights. Yet, there is limited success and room for improvement to update the framework, create a mediation mechanism, and gain further support from leadership. She specifically mentioned that those in positions of power, such as the ASP, must lead by example, hold individuals at all levels accountable, and provide financial and political support.

Ms. Frolich concluded by emphasizing that the ICC’s legalistic culture tends to approach all problems as legal problems; however, not all types of harassment can be dealt with using the legal perspective and they should involve health specialists and human resources. Ms. Frolich added that the whistleblower policy, being quite broad and rudimentary, could see improvements to protect individuals from retaliation in principle and more concretely. Making such adjustments to ending the normalization of harassment could also improve staff's productivity and, therefore, the Court’s overall performance.

Ultimately, the three panelists agreed that creating an environment free of sexual violence and harassment at international organizations constitutes a long term process that requires transparency at every step of the hiring process, a properly formulated and implemented code of conduct specific to the international organization, constant re-enforcement through training and messaging, and leadership support.

ASP19 Side Event: Accountability for Gender Persecution as a Crime Against Humanity

19TH SESSION OF THE ASSEMBLY OF STATES PARTIES 

8 December 2020

Name of the Side Event: Accountability for Gender Persecution as a Crime Against Humanity (Co-hosted by Argentina, Finland, UN Women, and Justice Rapid Response (JRR))

Report by: Raghavi Viswanath, Research Associate PILPG-NL

Highlights:

• Gender-based persecution can serve as a tool to reimagine international criminal justice so as to factor intersectional discrimination of marginalized groups.

• Increased involvement of victims and survivors is key to better identifying and conceptualizing gender crimes/discrimination.

• Formal accountability can only succeed if it is accompanied by concerted training, education, outreach, and community participation in accountability efforts in conflict zones.

The event began with welcome remarks by Ambassador Oyarzabal who made poignant remarks on how womxn, girls, and members of the LBGTQ+ community have been prone to violence and discrimination on the basis of their gender identity from the time of the Holocaust. Despite growing awareness, gender concerns are rarely taken into account in transitional justice and peace processes. This forms part of the deficiency in the legal conceptualization of gender discrimination. Even in international criminal law, gender-based persecution did not find recognition up until the adoption of the Rome Statute. In light of this, the Al Hasan case at the International Criminal Court represents a watershed moment for international criminal justice’s understanding of gender persecution and is likely to pave the way for similarly situated victims in Iraq and Colombia. Ms. Suomalainen then briefly addressed Justice Rapid Response’s motivations in putting the event together, given its long-standing efforts to include survivors in the peace process. She was followed by Ambassador Saarela who echoed the need to challenge socially constructed roles and attributes assigned to womxn and men. She commended Justice Rapid Response and the other speakers for their efforts towards garnering recognition of survivors of gender-based persecution as powerful engines of change and using their stories of strength to open up avenues for redressal.

Professor Davis began her presentation by highlighting the gender-based persecution is used as a punitive tool against those perceived to transgress assigned gender narratives—whether it is through the roles they perform in society or their attributes or gender expression. When these harmful gender narratives intertwine with other discriminatory narratives, they reinforce racism and xenophobia. Therefore, the time is ripe for the intervention of international criminal justice. However, within the international criminal lens, gender-based persecution charges have seen little success. Professor Davis surmised that this was because we cannot recognize what gender-based persecution even looks like, citing a range of factual examples that fall within the ambit of persecution. Similarly, unless a gendered lens is employed, sexual crimes are often confined to acts that use sexual means (such as SGBV) and do not account for the broader range of acts involving humiliation and stigma to non-conforming individuals (occasionally including heteronormative men). Conversely, a gendered lens helps us appreciate why a victimizing narrative should not be invoked to deny the rights-holding capacity and status of womxn and LGBTQ+ members. A survivor-centered approach (as endorsed in Security Council Resolution 2467) offers a new entry point into peace negotiations, one that allows a holistic understanding of harm and suffering to be factored into the justice calculus. A survivor-centered approach also carries a strong signaling effect in terms of the international community’s commitment to ending impunity.

Natia Navrouzov then spoke of the contribution that civil society actors such as Yazda make towards bringing attention to the survivor narrative. Yazda primarily works in Iraq where it documents the stories of Yazidi victims of ISIS’s atrocities and accrues out advocacy campaigns. It has already collected testimonies from 1700 survivors and evidence from 100 crime sites. Yazda focusses on educating, training, and sensitizing communities and survivors. Such an approach is imperative given the strong stigma attached to survivors of sexual abuse in patriarchal communities such as the Yazidis. Yazda then uses this information to initiate and support accountability efforts. In Iraq, it shares information with the UNITAD, which was set up via Security Council Resolution 2379 to centralize evidence of ISIS crimes and transmit it to courts in third party States. Unfortunately, there are no judicial avenues available in Iraq, where domestic courts currently only prosecute ISIS fighters for joining the terrorist group. Nonetheless, there are ongoing debates about the setting up of the Iraqi High Tribunal to try other crimes committed by the ISIS. As a result, survivors often have to pursue redressal mechanisms outside Iraq. In recent years, third party States such as Germany have prosecuted their own nationals for involvement in the ISIS, as well as Iraqi members of ISIS using universal jurisdiction. Given their broad scope, such jurisdictional tools offer a platform for charges of gender-based persecution to be litigated. Ms. Nazrouzov ended her presentation with recommendations to the Iraqi government. She called on the Iraqi government to codify crimes against humanity and genocide in its domestic penal code, and consult victims in the drafting of the constitutive charter of the Iraqi High Tribunal. She also suggested increased collaboration between non-Iraqi courts and investigative units towards uncovering evidence of gender-based persecution of Yazidis.

Nisreen, a Yazidi survivor, followed with a moving presentation. Nisreen is one of many survivors who have demanded a seat at the decision-making table in the justice talks in Iraq. She made an impassioned call to the international community to be receptive to the claims of the Yazidis and prompt the Iraqi government to deliver justice to the Yazidis, whose sufferings have gone unnoticed for years.

Emily Keeney, who recapped the key takeaways from the presentation, was the final presenter. Firstly, that gender-based persecution is a distinct crime against humanity that can benefit from unpacking for those not familiar with international criminal law. Secondly, that gender discrimination often intersects with ethnic and religious persecution. Recognizing such intersectionality allows for the law to more accurately confront the social reality and motivations for the crime. It is also better able to guarantee non-repetition to the wider universe of victims and survivors. Thirdly, international criminal justice and transitional justice efforts must use a survivor-centered approach. All of society benefits from inclusive peace and justice processes. In fact, the degree of survivor involvement has been studied to bear a positive correlation with the prospects of effective agreement and implementation. Admittedly, criminal accountability is one channel for justice. However, transitional justice should not be confined to the criminal realm. Efforts must focus on non-repetition and institutional reform.

During the question-and-answer session, the panelists re-iterated the value of outreach activities and reparation programs in integrating the survivors’ needs with the more formal accountability efforts. Responding to the need for better training of investigative units, Professor Davis shared insights on how training modules can be re-oriented towards identifying why the crimes in question occurred, whether there was e-existing discrimination—in law and in practice before conflict broke out.

November 2020

Monthly News Updates:  Human Rights Mechanisms - November 2020

By: Shaya Javadinia, Junior Research Associate, PILPG-NL 

The following post summarizes and highlights some of the updates on the work of regional and international human rights mechanisms around the world in the month of November.  

EUROPE 

European Court of Human Rights |  Pre-trial detention of journalist Ahmet Şık violated the Convention

In Şık v. Turkey, the applicant is a journalist who was suspected of circulating propaganda in favor of organizations considered to be terrorist organizations by publishing articles in the Turkish daily newspaper Cumhuriyet, and posting on social media .  The Court found a violation of the applicant’s right to liberty and security (Article 5(1) of the European Convention on Human Rights) as his detention for the above-mentioned offences was based on mere suspicion.  Furthermore, the Court found that the interference with the freedom of expression of the applicant (Article 10 European Convention on Human Rights) was not prescribed by law, as the material he published  only instigated a public debate on facts, and did not support nor promote the use of violence or terror.  [November 24, 2020] 

European Court of Human Rights | Insufficient compensation for inhuman conditions of detention

In Barbotin v. France, the Court found a violation of the applicant’s right to an effective remedy (Article 13) and the prohibition of inhuman or degrading treatment (Article 3 of the European Convention on Human rights).  While the applicant had been awarded compensation by the French domestic courts for the inhuman conditions of his detention, he had to pay the fees for the expert investigating the prison conditions himself.  The Court decided that the fact that the applicant had to bear the costs for the expert’s fees hindered the effectiveness of the compensation remedy provided to him and resulted in a violation of his Convention rights.  [November 19, 2020] 

European Court of Human Rights | Right of prisoners to receive meals compatible with the precepts of their religion

In Saran v. Romania, the Court found a violation of the applicant’s (Mr. Saran) right to freedom of religion  (Article 9 of the European Convention on Human Rights) on the basis that he wasdenied meals consistent with the precepts of his religion (Islam) during his time as a prisoner in two of the five Romanian prisons in which he was held.  The Romanian authorities had asked the applicant to provide written proof of his adherence to Islam, in absence of which they refused to provide him with meals in compliance with his religion.  The Court found that the authorities, in refusing to provide the requested meals, had not fairly balanced the interests of the prison, the other prisoners, and the individual interest of Mr. Saran.   [November 10, 2020] 

European Court of Human Rights | Launch of Ukrainian HUDOC case-law database

Pending cases against Ukraine represent approximately 16 percent of the overall caseload of the European Court of Human Rights.  For that reason, the Court has launched a Ukrainian user interface of its case-law database HUDOC, in cooperation with the Ukrainian Ministry of Justice, the Office of the Agent of Ukraine before the Court, and the Council of Europe office in Ukraine.  This interface follows the example of the existing English, French, Georgian, Russian, Spanish, and Turkish versions of HUDOC.  The newly launched database aims to enhance understanding of the Court’s case law amongst the public and legal professionals, which could in turn help to increase the correct application of European standards in domestic courts.  [November 5, 2020] 

AFRICA 

African Commission on Human and People’s Rights | Concern over the current situation of armed conflict unfolding in the Federal Democratic Republic of Ethiopia

The Government of Ethiopia has launched a military offensive against the Tigray People’s Liberation Front (TPLF) in response to the TPLF’s attack on the Northern Command of the Ethiopian National Defense Forces on November 4, 2020.  These armed encounters have resulted in the killing and forced displacement of many civilians, posing a significant risk of violation of their fundamental human rights.  The Commission has called on the Government of Ethiopia to respect its obligations under international human rights law and to abide by international humanitarian law during the armed conflicts.  Furthermore, the Commission has warned all parties involved in the conflict against war crimes, genocide, and crimes against humanity, and has encouraged them to engage in dialogue to settle their dispute peacefully.  [November 26, 2020] 

African Commission on Human and People’s Rights | The Commission calls on Burkina Faso to respect voting rights of its citizens

The Commission has been informed of incidents of disruptions of voter registrations by extremist groups in certain regions of Burkina Faso.  These incidents were followed by the Burkinabé parliament passing a new law that allows for votes to be counted regardless of people’s access to polling stations.  The Commission reminds the Burkinabé authorities of their obligation to ensure the respect of the the right to vote and requests that authorities take measures necessary to ensure their citizens can effectively exercise this right.  [November 11, 2020] 

THE AMERICAS 

Inter-American Commission on Human Rights | The Commission adopts precautionary measures in favor of human rights defenders in Cuba

The Commission granted precautionary measures in favor of a family of human rights defenders at risk of irreparable damage to their human rights in Cuba.  The individuals requested the precautionary measures as Cuban state agents and third parties were allegedly subjecting them to threats, harassment, detentions, and acts of violence as a result of their work as human rights defenders.  In the precautionary measures, the Commission requested Cuba to implement the necessary measures to protect the rights to life and personal integrity of these individuals, and to allow them to carry out their work as human rights defenders without being subjected to harassment.  [November 24, 2020]

Inter-American Commission on Human Rights | Creation of Interdisciplinary Group of Independent Experts for Bolivia

The Inter-American Commission on Human Rights has established, by means of an agreement with Bolivia, a new Interdisciplinary Group of Independent Experts for Bolivia (GIEI-Bolivia).  This mechanism aims to assist with the investigation of acts of violence and human rights violations which took place in Bolivia between September 1, and December 31, 2019.  The Commission views GIEI-Bolivia as an impartial mechanism with technical expertise and integrity, which will ensure that those responsible for the violations are identified, and will offer appropriate recommendations on the issue. [November 20, 2020] 

Inter-American Court of Human Rights | Basic course on Human Rights for Non-Lawyers

On November 5, the Court held a basic course on human rights for non-lawyers in Central America that discussed the impact of the Court’s case-law  on human rights situations in the region.  This course was offered as a part of the “Training and awareness-raising on human rights in the midst of the COVID 19 pandemic” Project, and aimed to train the non-legal community of the region on methods of teaching and learning about human rights.  [November 9, 2020] 

UN MECHANISMS 

The Committee on Enforced Disappearances | The Committee urges Iraq to end impunity for enforced disappearances

The Committee on Enforced Disappearances has expressed concerns over the persistent pattern of enforced disappearances in Iraq, and urges Iraq to promptly implement the offence of enforced disappearances into their domestic criminal legislation.  Iraq has taken some positive steps in ending enforced disappearance by setting up fact finding committees and drafting the Bill on the Protection of Persons from Enforced Disappearance.  However, the Committee has expressed concerns over the delayed adoption of the Bill, which hinders the prompt criminalization of the offence and compliance with the International Convention for the Protection of All Persons from Enforced Disappearance.  [November 27, 2020]

The Committee on the Elimination of Racial Discrimination | Publication of recommendations on combating racial profiling

The Committee on the Elimination of Racial Discrimination has published general recommendations on preventing and combating racial profiling by law enforcement officials.  These recommendations aim to guide states in overcoming, among other things, algorithmic bias in their use of Artificial Intelligence (AI) for law enforcement purposes.  Use of AI and other new technology in law enforcement can increase the risk of using discriminatory practices in determining the likelihood of criminal activity, which can lead to serious violations of human rights.  In these guidelines, the Committee encourages states to ensure compliance with international human rights law in their use of algorithmic profiling technology.  [November 26, 2020] 

Human Rights Council (Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Wave of mass executions and unfair trials in Iraq are concerning

The United Nations human rights experts have expressed concerns over the number of prisoners facing execution sentences based on terrorism-related convictions in Iraq.  Trials under Anti-Terrorism Law have been depriving the defendants of basic access to a fair trial, and frequently result in execution sentences.  The experts urge Iraq to halt mass executions immediately, to respect its international obligation to refrain from arbitrary deprivation of life, and to offer fair trials to individuals accused of terrorism crimes.  [November 20, 2020] 

Human Rights Council (Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health) | Monopolizing vaccines against COVID 19 is counterproductive 

The United Nations experts have criticized the nationalism surrounding the attempt to secure vaccines for fighting the COVID-19 pandemic, and call on countries to adopt a joint human-rights based approach to ensure mass immunization.  The experts highlight the need for international cooperation in order to ensure that everyone has access to the COVID19 vaccine, especially  vulnerable people living in poverty, and reminds the community that “no one is secure until all of us are secure.”  [November 9, 2020] 

Human Rights Council (Special Rapporteur on the Situation of Human Rights in Myanmar) | Call for Myanmar to refrain from limiting democracy in the general election 

The Special Rapporteur has expressed his support for the standards set up by Myanmar to ensure that the upcoming elections are free, fair, and reflect the will of the people, but points out that this cannot happen as long as other national laws continue to undermine democracy.  In Myanmar, freedom of expression is highly limited, and the right to vote is still denied based on race, ethnicity, and religion.  The Special Rapporteur calls on Myanmar to lift censorship of the state media, which is one of the only ways for the candidates to reach out to the voters during the COVID-19 pandemic, and to introduce reforms upholding and enhancing democracy in the country.  [November 2, 2020]