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March 15, 2018
The Human Rights Program and Office of Public Interest Advising (OPIA) at Harvard Law School will jointly host one Wasserstein Fellow-in-Residence who will spend four months on the HLS campus (September through December 2018), and split their time between OPIA and HRP. At OPIA, the fellow will advise students about international public interest and human rights careers and assist OPIA staff in developing advising resources. At HRP, the fellow will devote the majority of their time to research and writing on a specific human rights topic, and be a member of its community of visiting fellows.
The Human Rights Program’s Visiting Fellows Program seeks to give thoughtful individuals with a demonstrated commitment to human rights an opportunity to step back and conduct a serious inquiry in the human rights field. Individuals who become fellows at the Program are usually scholars with a substantial background in human rights, or experienced activists. The fellows form an essential part of the human rights community at Harvard Law School and participate actively in the Human Rights Program Fellows Colloquium—each fellow makes a presentation to Human Rights Program staff, faculty, and other fellows on at least one occasion. Fellows are also encouraged to participate in a number of other Human Rights Program activities.
Please see OPIA’s website for additional information about the program, and details on how to apply to be a joint Wasserstein Fellow-in-Residence with OPIA and the Human Rights Program. The deadline to apply is April 13, 2018.
March 12, 2018
Earlier this month, we welcomed Carol Sanger, Visiting Professor at HLS and Barbara Aronstein Black Professor of Law at Columbia Law School, and Mindy Roseman, Director of International Programs and Director of the Gruber Program for Global Justice and Women’s Rights at Yale Law School, for a timely and compelling conversation about human rights and the criminal punishment of abortion. Below is the full audio of their conversation.
March 8, 2018
On this International Women’s Day, and every other day, we’re full of gratitude for all the women who push for change around the world. But we’re feeling particularly happy and proud today to see our very own Susan Farbstein honored in this year’s International Women’s Day portrait exhibit, organized by the Harvard Women’s Law Association (WLA).
Susan, who co-directs our International Human Rights Clinic, is among 25 luminaries celebrated in the Wasserstein Hall exhibit for their “astounding contributions” in the areas of law and policy.
They include Tarana Burke, a civil rights activist and the creator of “Me Too,” a phrase invented to raise awareness of the prevalence of sexual abuse in society; Zainah Anwar, a leading feminist activist and scholar in Malaysia, and the current Director of Musawah; Sarah McBride, an LGBT rights activist who serves as the National Press Secretary for the Human Rights Campaign; Losang Rabgey, the co-founder of Machik, a
nonprofit dedicated to social innovation in Tibet through educational development and capacity building; and Michele Roberts, the executive director of the National Basketball Players Association, and the first woman elected to head a major professional sports union in North America.
It comes as no surprise to us that Susan stands among them. As an expert in Alien Tort Statute litigation, among other things, she has been co-counsel in such landmark human rights cases as Wiwa v. Shell, in Re: South African Apartheid Litigation, and now Mamani v. Sanchez de Lozada and Sanchez Berzain. That historic case, which began trial in Federal District Court in Fort Lauderdale, Florida, on Monday, marks the first time a former head of state stands trial in a civil case in U.S. court for human rights abuses.
It is, in fact, the reason she missed the celebratory luncheon in honor of International Women’s Day. So today we celebrate Susan from afar for all she’s done to protect and strengthen human rights over the course of her career- and wish her, the clinical team, and the plaintiffs the very best of luck in the momentous days of the trial to come.
March 7, 2018
Friday, March 9, 2018
“Jerusalem After Trump: Consequences and Implications”
12:00 – 1:00 p.m.
President Trump’s December 6, 2017 declaration of the recognition of Jerusalem as the capital of Israel sparked wide international condemnation and protest — and widespread approval in Israel. A highly sensitive issue with profound legal, geopolitical, spiritual, and humanitarian consequences, the status of Jerusalem has serious implications for the elusive goal of Middle East peace. In this event, Aaron David Miller and Noura Erakat will engage in a conversation on the consequences and implications of Trump’s decision from a number of different angles, taking into consideration questions of international law, regional stability and security, prospects for sustainable peace, as well as the status and rights of Palestinians in East Jerusalem. Noah Feldman will moderate.
This event is organized by The Julis-Rabinowitz Program on Jewish and Israeli Law & The Islamic Legal Studies Program: Law and Social Change, and co-sponsored by the Human Rights Program.
March 2, 2018
The International Human Rights Clinic (IHRC) is thrilled to announce the launch of the Armed Conflict and Civilian Protection Initiative (ACCPI), which aims to reduce the harm caused by armed conflict through targeted advocacy, leadership development, and the generation of innovative solutions.
The ACCPI will be led by Bonnie Docherty, Lecturer on Law and Associate Director of Armed Conflict and Civilian Protection, who is an internationally renowned leader in the field of humanitarian disarmament. Docherty has worked at the heart of almost every major civil society campaign to ban inhumane and indiscriminate weapons, or curtail their use to minimize the impacts on civilians. She was a critical player in the 2008 cluster munitions ban, as well as the nuclear weapons ban, adopted in July of last year.
“Today’s armed conflicts are causing countless civilian casualties, destroying infrastructure and the environment, and driving people from their homes,” said Docherty, who also works as a Senior Researcher in the Arms Division of Human Rights Watch. “This initiative represents a unique opportunity to provide focused support to the movement dealing with these issues, as well as to students interested in making a career in the field.”
Since she arrived at the Clinic in 2005, Docherty has put clinical students at the heart of her advocacy, supervising them on everything from field research in Lebanon to lobbying at the UN. Under her leadership, and through her mentorship, students have gone on to work as field researchers, advocates in peace negotiations, and policy analysts, actively working to protect civilians from the effects of armed conflict.
In the years to come, the ACCPI will create a formal track for HLS students who want to pursue careers in civilian protection. That track will expand on existing offerings, including specialized courses, clinical projects, and trainings; it will also build a career development program that links students with relevant organizations, a network of alumni, and funding for internships and fellowships.
“So many of us have learned the tools of the trade by Bonnie’s side,” said Anna Crowe, LLM ’12, Clinical Instructor and Lecturer on Law, who is actively involved in the ACCPI. “This initiative will strengthen the movement by creating even more opportunities for students to develop into leaders.”
The ACCPI will go broad as well as deep, tackling issues as diverse as environmental damage, refugee rights, and world heritage in times of armed conflict. One of its main areas of focus will be humanitarian disarmament, which strives to end the civilian suffering that certain weapons cause.
This Monday, March 5, the ACCPI’s inaugural conference, “Humanitarian Disarmament: The Way Ahead,” will bring dozens of international experts together to discuss how the movement has developed over the past two decades, and to explore where it should go from here. With its focus on collaboration and innovation, the conference is a window into one of the ACCPI’s central priorities: generating fresh perspectives and creative strategies for lessening the harms of war.
The mostly closed-door conference will include two public events: a keynote conversation with leaders of the Nobel Peace Prize-winning campaigns to ban nuclear weapons and landmines; and a panel that examines current issues in humanitarian disarmament, including efforts to end the urban use of certain explosive weapons, reduce the environmental impact of armed conflict, ban killer robots, and control the unlawful arms trade.
During her time in the Clinic, Docherty herself has gone deep on almost all of these issues, documenting the effects of explosive weapons in Ukraine, teaching about the environmental impacts of war, and making the case for preemptively prohibiting killer robots. Together with Crowe, she led a clinical team during the nuclear ban treaty negotiations last summer; supervisors and students successfully advocated for the treaty to include “positive obligations” that require countries to assist victims and clean up the environment affected by nuclear weapons.
The ACCPI will build on this body of work, focusing on effecting change through advocacy in two areas. First, it will ramp up existing efforts to create new international instruments that protect civilians from problematic weapons. Second, the initiative will promote the development of norms in unsettled areas of law and practice, whether hotly contested or at the intersection of multiple legal frameworks.
Throughout, the ACCPI will adopt an interdisciplinary approach that draws on multiple legal bodies to achieve its ends. It will look to international human rights law, the focus of IHRC and a body of law applicable at all times. It will use international humanitarian law, applicable in times of armed conflict. It will also rely on humanitarian disarmament law, which incorporates elements of both of the above.
In these ways and others, the ACCPI will occupy a distinct niche on Harvard’s campus, combining cutting-edge advocacy with student involvement in all aspects of the work. It is the kind of work that will make Harvard a center for excellence on civilian protection from armed conflict. And her colleagues know: There is no better person to lead it than Docherty, a pioneer from the very start.
“The depth of Bonnie’s impact on her field over the past fifteen years has been remarkable, and she’s done it all with such humility,” said Tyler Giannini, Co-Director of the International Human Rights Clinic. “She’s a tireless advocate, and given the state of armed conflict today, we’re elated to see her launch and lead this critically important initiative.”
February 28, 2018
March 1, 2018
“Criminal Abortion in the U.S.”
11:45- 12:45 p.m.
Please join us for a lunch talk on human rights and the criminal punishment of abortion with Carol Sanger, Austin Wakeman Scott Visiting Professor of Law at HLS and Barbara Aronstein Black Professor of Law at Columbia Law School, and Mindy Roseman, Director of International Programs and Director of the Gruber Program for Global Justice and Women’s Rights at Yale Law School.
Despite Vice President Pence’s pledge to consign Roe v. Wade to the “ash heap of history,” there are signs that many Americans would not support the re-criminalization of abortion. Professor Sanger will discuss this evidence and raise questions about the criminal punishment of abortion, such as why pregnant woman have not been subject to criminal abortion laws in the U.S. and whether the current administration and red state politicians actually want Roe V. Wade to be overturned. Dr. Roseman will situate the U.S. experience within a global context by discussing criminal abortion in other countries and examining the treatment of criminal abortion under international human rights law.
This event is being co-sponsored by the HLS Criminal Justice Policy Program, the Petrie-Flom Center for Health Law Policy, Biotechnology and Bioethics, and HLS Students for Reproductive Justice.
February 26, 2018
March 5 – 6, 2018
“Humanitarian Disarmament: The Way Ahead”
Inaugural Conference of the Armed Conflict
and Civilian Protection Initiative
at Harvard Law School
12 – 1:30 p.m.
Austin 100 (North), Harvard Law School
Lunch will be served.
Please join us for a conference that brings together international experts in humanitarian disarmament, a movement that strives to end civilian suffering caused by inhumane and indiscriminate weapons. Drawing on first-hand experience in creating international law, conference participants will discuss how the movement has developed over the past two decades and explore where it should go from here.
The conference will include two public events: a keynote conversation with leaders of the Nobel Peace Prize-winning campaigns to ban nuclear weapons and landmines; and a panel that examines current issues in humanitarian disarmament, including efforts to end the urban use of certain explosive weapons, reduce the environmental impact of armed conflict, ban killer robots, and control the unlawful arms trade.
Humanitarian Disarmament: The Way Ahead will launch the Armed Conflict and Civilian Protection Initiative, which is housed in Harvard Law School’s International Human Rights Clinic (IHRC). The conference is co-organized by IHRC, the Harvard Humanitarian Initiative, and Harvard Kennedy School’s Carr Center for Human Rights Policy.
February 22, 2018
Tomorrow, Feb. 23: Elliot Shrage, Facebook’s VP, Global Communications, Marketing, and Public Policy
Friday, February 23, 2018
A Talk by Elliot Schrage, VP, Global Communications, Marketing, and Public Policy, Facebook
11:45 a.m. – 12: 45 p.m.
Lunch will be served.
Please join us for a lunch talk with Elliot Schrage, JD ’86, Vice President of Global Communications, Marketing, and Public Policy at Facebook. Schrage will discuss how corporations like Facebook take human rights into account in their business practices.
This event is being co-sponsored by the Harvard Human Rights and Business Law Students Association.
February 21, 2018
Thursday, February 22, 2018
Russia’s “Gay Propaganda Law” and LGBTQ Rights
11:45 a.m.- 12:45 p.m.
Lunch will be served.
Please join us for a talk with Melissa Hooper, Director of Human Rights and Civil Society at Human Rights First, on Russia’s global efforts to promote “traditional values” that curtail the rights of LGBTQ people. This agenda is demonstrated in the “gay propaganda law” which penalizes those who share ideas about the equal value of same-sex relationships to children. In addition, Russia has advocated for U.N. resolutions, and supported legislatures in other countries to pass laws that favor “family values” over the human rights of LGBTQ, women, and others. This talk will also consider how U.S. actors are supporting Russia to advance these policies.
This event is co-sponsored by HLS Advocates for Human Rights, the Harvard Human Rights Journal, and HLS Lambda.
February 20, 2018
Posted by Susan Farbstein and Tyler Giannini
We’ve got thrilling news today: After more than 10 years of litigation, our case, Mamani et al. v. Sánchez de Lozada and Sánchez Berzaín, is finally headed to trial. This is an historic event. It’s the first time a former head of state will stand trial in the U.S. for human rights abuses.
In less than two weeks, on March 5, the former President and Minister of Defense of Bolivia will stand trial in Federal District Court in Florida for their roles in a 2003 civilian massacre in Bolivia. And our clients will be in the courtroom to see it, and to testify.
We would not be here without the work of our partners, listed below, and dozens of clinical students who have contributed over the years, from fact-finding to drafting briefs to thinking strategically about how to move the case forward. Foremost among those students is Thomas Becker, JD ’08. This case started as a seed of an idea in his mind, and he has been working tirelessly on it ever since.
Most importantly, we want to thank our clients, who have kept their wounds open so this case could move forward on behalf of those they lost, and the many other Bolivians whose lives were irrevocably damaged by the actions of these defendants. They inspire us every day with the extraordinary courage and dedication they have shown at every step of this journey.
Please see below for the press release in English and Spanish.
U.S. Judge Orders Case Against Former Bolivian President for Role in 2003 Massacre to Proceed to Trial
Marks First Time in U.S. History a Former Head of State Will Sit Before Accusers in a Civil Human Rights Trial
February 20, 2018, Miami, FL – A federal judge has ruled that the former president of Bolivia and his minister of defense must face trial in the United States in a civil case alleging that the Bolivian military massacred more than 50 of its own citizens during a period of civil unrest in 2003. This is the first time that a former head of state will sit before his accusers in a civil human rights trial in a U.S. court. Last week, the judge rejected the defendants’ final effort to avoid trial (ruling English and Spanish), denying a motion filed by the former Bolivian president, Gonzalo Sánchez de Lozada, and his former defense minister, José Carlos Sánchez Berzaín, both of whom live in the United States. The trial will begin in the federal court in Fort Lauderdale on March 5, 2018.
“The former president and his minister of defense must now listen as we testify about what happened,” said Teófilo Baltazar Cerro, a member of the indigenous Aymara community of Bolivia, which led the protests where the government security forces opened fire. “We look forward to this historic opportunity to have our day in court.”
In Mamani v. Sánchez de Lozada and Sánchez Berzaín, as detailed in the Court’s February 14 order, the families of eight Bolivians killed filed suit against Sánchez de Lozada and Sánchez Berzaín, alleging that they planned the extrajudicial killings. The lawsuit alleges that, months in advance of the violence, the two defendants devised a plan to kill thousands of civilians, and intentionally used deadly force against political protests in an effort to quash political opposition. In addition to the deaths, more than 400 unarmed civilians were shot and injured.
In 2016, a U.S. appeals court held that the plaintiffs could proceed with their claims under the Torture Victim Protection Act (TVPA), which authorizes suits in U.S. federal court for extrajudicial killings. Sánchez de Lozada and Sánchez Berzaín then sought and were denied a review by the U.S. Supreme Court in 2017. After a review of the evidence gathered by both sides, District Court Judge James Cohn ruled on February 14 that the plaintiffs had presented sufficient evidence to proceed to trial.
“The trial will offer indigenous Aymara people, who have historically been excluded from justice, a chance to testify about events that led to dozens of deaths and hundreds of injuries,” said Beth Stephens, an attorney for the Plaintiffs (cooperating through the Center for Constitutional Rights).
The lawsuit alleges claims by nine plaintiffs including: Etelvina Ramos Mamani, whose eight-year-old daughter Marlene was killed in her mother’s bedroom when a single shot was fired through the window; Teofilo Baltazar Cerro, whose pregnant wife Teodosia was killed after a bullet was fired through the wall of a house; Felicidad Rosa Huanca Quispe, whose 69-year-old father Raul was shot and killed along a roadside; and Gonzalo Mamani Aguilar, whose father Arturo was shot and killed while tending his crops.
The family members are represented by a team of lawyers from the Center for Constitutional Rights, Harvard Law School’s International Human Rights Clinic, and the law firms of Akin, Gump, Strauss, Hauer & Feld, LLP, Schonbrun, Seplow, Harris & Hoffman, LLP, and Akerman LLP. Lawyers from the Center for Law, Justice and Society (Dejusticia) are cooperating attorneys.
Chandra Hayslett, CCR, (212) 614-6458, email@example.com
Juez de los EE.UU. Ordena Que El Caso Contra el Ex-Presidente Boliviano Por Su Papel en la Masacre de 2003 Procederá a Juicio
Marca Primera Vez en La Historia de Estados Unidos Que Un Jefe De Estado Será Sometido a Un Juicio de Derechos Humanos Frente a Sus Acusadores
20 de febrero, Miami, Florida, Estados Unidos – Un juez federal de los Estados Unidos ha ordenado que el ex-presidente de Bolivia y su ministro de defensa serán sometidos a juicio en los EE.UU. en un caso civil alegando que el ejército Boliviano masacró a más de 50 de sus propios ciudadanos en un período de disturbios civiles en 2003. Será la primera vez que un ex-jefe de estado se sentará frente a sus acusadores en un juicio civil de derechos humanos en una corte en los Estados Unidos. La semana anterior, el juez rechazó el último esfuerzo de los acusados a evitar el juicio, negando una moción que presentaron Gonzalo Sánchez de Lozada, el ex-presidente de Bolivia, y su ex-ministro de defensa, José Carlos Sánchez Berzaín, los dos cuales viven en los EE.UU. El juicio comenzará en la corte federal en Fort Lauderdale, Florida el 5 de marzo de 2018.
“El ex-presidente y su ministro de defensa ahora tendrán que escuchar mientras testificamos sobre lo que pasó,” dijo Teófilo Baltazar Cerro, un miembro de la comunidad originaria Aymara, la cual dirigió las protestas donde las fuerzas de seguridad del gobierno abrieron fuego. “Esperamos esta oportunidad histórica para tener nuestro día en la corte.”
En el caso Mamani v. Sánchez de Lozada y Sánchez Berzaín, como se describe en la orden de la corte del 14 de febrero, las familias de ocho Bolivianos que fueron asesinados demandaron a Sánchez de Lozada y Sánchez Berzaín, alegando que planificaron las matanzas extrajudiciales. La demanda alega que, meses antes de la violencia, los dos acusados idearon un plan para matar a miles de civiles, e intencionalmente usaron fuerza letal en contra de las protestas políticas para reprimir la oposición política. Encima de las muertes, se disparó a más de 400 civiles desarmados que salieron heridos.
En 2016, una corte de apelación de los Estados Unidos sostuvo que los demandantes pudieron seguir con sus reclamaciones bajo el Acto de Protección para Las Víctimas de Tortura (TVPA por sus siglas en ingles), lo cual autoriza casos en el tribunal federal de Estados Unidos para matanzas extrajudiciales. Sánchez de Lozada y Sánchez Berzaín luego pidieron que la Corte Suprema de Estados Unidos tomara el caso, y fueron negados. Después de revisar la evidencia colectada de los dos lados, el Juez de la Corte del Distrito James Cohn ordenó el 14 de febrero que los demandantes habían presentado suficiente evidencia para seguir al juicio.
“Este juicio ofrecerá al pueblo Aymara, que históricamente ha sido excluida de la justicia, una oportunidad para testificar sobre los eventos que resultaron en docenas de muertes y cientos de heridas,” dijo Beth Stephens, una abogada para los demandantes, cooperando con el Centro de Derechos Constitucionales (Center for Constitutional Rights).
La demanda alega reclamaciones de nueve demandantes incluyendo: Etelvina Ramos Mamani, cuya hija de ocho años Marlene fue asesinada en el dormitorio de su madre cuando una sola bala fue disparado a través de la ventana; Teofilo Baltazar Cerro, cuya esposa embarazada Teodosia fue asesinada cuando se disparó una bala a través de la pared de una casa; Felicidad Rosa Huanca Quispe, cuyo padre de 69 años fue asesinado a tiros al lado de una carretera; y Gonzalo Mamani Aguilar, cuyo padre Arturo fue asesinado a tiros mientras cuidaba sus cultivos.
Los familiares son representados por un equipo de abogados del Centro de Derechos Constitucionales, La Clínica de Derechos Humanos Internacionales de la Facultad de Derecho de Harvard, y los bufetes de abogados Akin, Gump, Strauss, Hauer & Feld, LLP, Schonbrun, Seplow, Harris & Hoffman, LLP, y Akerman LLP. Abogados de la organización Dejusticia son abogados cooperantes.
Chandra Hayslett, CCR, (212) 614-6458, firstname.lastname@example.org
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