Blog: Press Releases
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March 8, 2019
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 2019), 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, presenting their research to Human Rights Program staff, faculty, and other fellows. Read more about past Visiting Fellows and former OPIA/HRP Fellows here.
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 Friday, April 5, 2019.
March 7, 2019
Title: Community and Ally Outreach Coordinator
Location: Based in Berkeley, CA (with extensive domestic and international travel)
Start Date: Late Spring 2019 (Flexible)
The International Human Rights Clinic at Harvard Law School and the Institute for Multi-Stakeholder Initiative Integrity are seeking an experienced coordinator and facilitator to work on an extended consultancy to support an ambitious new community-driven human rights and economic justice initiative. Communities understand what threatens their rights and have much to contribute to processes that would better protect their rights and livelihoods. Communities should be able to claim their place at the table whenever their economic resources and livelihood are at stake, and especially for discussions about the development and implementation of business and human rights frameworks.
The consultancy will help facilitate a global process with three aims: 1) supporting communities through local workshops and assisting them with tools to advance their rights and power, 2) nurturing a network of allies to support communities, and 3) over the long term, assist local communities develop their own global set of business and human rights principles and a framework for economic justice. It is hoped these community-developed principles will complement existing business and human rights frameworks, and ultimately operate as guidelines and/or as an approach to ensure that community voices and perspectives are included in decisions and activities that affect them. Continue Reading…
December 20, 2018
We are pleased to present HRP’s 2017-2018 Annual Report. The report showcases the global reach and impact of the Human Rights Program in its 34th year, featuring work on populism, armed conflict, and accountability litigation. It spotlights fieldwork undertaken by students and alumni, and details pedagogical innovations and new research.
We thank all of the students, partners, and alumni who made the year so strong.
Click below to open the Annual Report as a flipbook or download the PDF.
December 15, 2018
Defense Alliance with US not Legal Bar to Ratifying New Treaty
(Cambridge, MA, December 14, 2018) – Australia’s alliance with the United States need not stand in the way of Australia joining the 2017 treaty banning nuclear weapons, Harvard Law School’s International Human Rights Clinic said in a report released today.
The Treaty on the Prohibition of Nuclear Weapons (TPNW) would require Australia to end its reliance on US nuclear arms for defense. But it would not undermine the countries’ broader collective security agreement established under the 1951 ANZUS Treaty.
“Australia has long claimed to support nuclear disarmament,” said Bonnie Docherty, lead author of the report and the Clinic’s associate director of armed conflict and civilian protection. “Joining the ban treaty would advance that goal without creating insurmountable legal obstacles to ongoing military relations with the US.”
The 13-page report “Australia and the Treaty on the Prohibition of Nuclear Weapons” explains why Australia can renounce its nuclear defense arrangement with the US (under the so-called “nuclear umbrella”) while maintaining military ties to its ally. The report also shows the compatibility of the treaty with Australia’s disarmament commitments under other treaties and policies.
The Labor Party is expected to discuss the TPNW at its national conference from December 16 to 18, 2018. The conference will provide a forum for Labor to develop a new party platform. In its last platform, adopted in 2015, the Labor Party called for negotiations of a treaty banning nuclear weapons. Continue Reading…
November 16, 2018
The Human Rights Program invites applications for its Visiting Fellows Program for the 2019-2020 academic year.
About the Visiting Fellows Program
The Visiting Fellows Program gives individuals with a demonstrated commitment to human rights an opportunity to step back and conduct a serious inquiry in the human rights field. Visiting Fellows are usually scholars with a substantial background in human rights, experienced activists, or members of the judiciary or other branches of government.
Typically, fellows come from outside the U.S., and spend from one semester to a full academic year in residence at Harvard Law School, where they devote the majority of their time to research and writing on a human rights topic.
The fellows form an essential part of the human rights community at Harvard Law School, and participate in the Human Rights Program’s Visiting Fellows Colloquium, as well as a number of other activities.
The Human Rights Program provides between four to eight fellows annually with a shared office space, access to computers, and use of the Harvard library system.
In order to profit from the fellowship, fluent spoken English is essential.
For the 2019-2020 year, HRP has a particular interest in research focusing on the topic of indirect discrimination in comparative perspective.
As a general matter, the Human Rights Program does not fund fellows. However, applicants who are nationals of low or middle income countries are eligible to apply for the Eleanor Roosevelt Fellowship, which offers a stipend to help defray the cost of living.
The deadline to submit applications is February 1, 2019. Click here for more information on how to apply or write to Emily Nagisa Keehn, the Associate Director of the Academic Program, at firstname.lastname@example.org.
November 16, 2018
(Geneva, November 14, 2018) – Countries at an upcoming United Nations disarmament conference, faced with evidence of 30 new incendiary weapons attacks in Syria, should agree to strengthen the international law that governs their use, the International Human Rights Clinic said in a report released this week.
The 13-page report, “Myths and Realities About Incendiary Weapons,” counters common misconceptions that have slowed international progress in this area. Incendiary weapons produce heat and fire through the chemical reaction of a flammable substance. While often designed for marking and signaling or producing smokescreens, incendiary weapons can burn human flesh to the bone, leave extensive scarring, and cause respiratory damage and psychological trauma. They also start fires that destroy civilian objects and infrastructure.
“The excruciating burns and lifelong disabilities inflicted by incendiary weapons demand a global response,” said Bonnie Docherty, associate director of conflict and civilian protection at the Clinic. “Simple changes in international law could help save civilian lives during wartime.”
The report details the exceptionally cruel harm caused by incendiary weapons, explains the shortcomings of existing law, and lays out steps countries should take in response. The report, designed as an accessible overview of the incendiary weapons issue, was jointly published with Human Rights Watch.
Countries that are party to the Convention on Conventional Weapons (CCW) are scheduled to address incendiary weapons at the UN in Geneva from November 19 to 23. Protocol III to this treaty imposes some restrictions on the use of incendiary weapons, but it does not provide sufficient protections for civilians.
November 1, 2018
Press Statement: Constitutional Law Scholars Respond to Trump’s Threats Against Birthright Citizenship
On Tuesday, Oct. 30, leading constitutional scholars stated that there is no serious scholarly debate about whether a president can, through executive action, eliminate birthright citizenship and contradict the Supreme Court’s long-standing and consistent interpretation of the Citizenship Clause of the 14th Amendment. Gerald L. Neuman, HRP Co-Director and J. Sinclair Professor of International, Foreign, and Comparative Law, was one of fifteen authors on this statement.
The full statement reads as follows:
President Donald Trump is reportedly considering an executive order to essentially rewrite the Citizenship Clause of the 14th Amendment to eliminate birthright citizenship. In an interview to be aired later this week, he explains that people are now telling him that he can do this “just with an executive order.” As constitutional scholars who have studied the 14th Amendment, we write to say in no uncertain terms that he is wrong.
The Citizenship Clause—enshrined as Section 1 of the 14th Amendment to the U.S. Constitution in 1868—states simply that “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.” The 14th Amendment, adopted in the immediate aftermath of a Civil War that very nearly ripped this country in two, established the foundational principle that all persons are entitled to due process and equal protection under the law. The Citizenship Clause contained therein was meant as a direct rebuke to the infamous decision in Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857), in which the Supreme Court held that that people of African descent born on our soil whose ancestors were slaves could not be citizens, even if they were free.
The Supreme Court 120 years ago in United States v. Wong Kim Ark, 169 U.S. 649 (1898), settled the very issue raised by the president. In that case, the Court held that with certain very limited exceptions, all children born in the United States are natural-born citizens regardless of the citizenship status of their parents. Many decades later in the case of Plyler v. Doe, 457 U.S. 202 (1982), in which the Court upheld the right of all children regardless of alienage to a free public education, the Court analogized its holding on Equal Protection Clause grounds to the settled law on the Citizenship Clause as declared in Wong Kim Ark. Specifically, the Court noted that just as undocumented immigrants are “subject to the jurisdiction of the United States” for purposes of the Citizenship Clause, they too are “within the jurisdiction” of a state for purposes of the Equal Protection Clause. Id. at 211 n.10.
There is today no serious scholarly debate about whether a president can, through executive action, contradict the Supreme Court’s long-standing and consistent interpretation of the Citizenship Clause of the 14th Amendment. Instead, as conservative legal scholar James Ho, now a federal judge on the U.S. Court of Appeals for the 5th Circuit nominated by President Trump, wrote more than a decade ago, “a constitutional amendment is … the only way to restrict birthright citizenship.” The executive branch’s own lawyers have long agreed.
It took a Civil War—the bloodiest conflict in American history—to resolve a dispute about what it means to be an American—a person—in this country. The 14th Amendment, including the Citizenship Clause, is the rightly cherished result of that American tragedy.
Signatories included: Muneer I. Ahmad, Yale Law School; Walter E. Dellinger III, Duke University School of Law; Lucas Guttentag, Stanford Law School and Yale Law School; Harold Hongju Koh, Yale Law School; Stephen H. Legomsky, Washington University School of Law; Gerard N. Magliocca, Indiana University Robert H. McKinney School of Law; David A. Martin, University of Virginia School of Law; Michael W. McConnell, Stanford Law School; Hiroshi Motomura, University of California, Los Angeles (UCLA) School of Law; Gerald L. Neuman, Harvard Law School; Cristina Rodríguez, Yale Law School; Peter J. Spiro, Temple University Law School; Geoffrey R. Stone, The University of Chicago; Laurence H. Tribe, Harvard Law School; and Stephen I. Vladeck, The University of Texas at Austin Law School.
Find the full press release on the Center for American Progress’s website.
October 29, 2018
This month, the Musawah Movement for Equality in the Muslim Family submitted a thematic report to the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) Committee advocating for codification of family law provisions to protect the rights of Muslim women in Mauritius. International Human Rights Clinic students Samantha Lint JD’20 and Natalie McCauley JD’19 contributed to drafting the report and developing its legal recommendations, working in close collaboration with Mauritian attorney and family law expert, Narghis Bundhun.
As the report notes, a major cause of the lack of rights protection and inequality for Muslim women in Mauritius is the absence of a clear legal framework that protects rights in the context of religious marriages. The report highlights this legal ambiguity and key resulting inequalities that harm Muslim Mauritian women and in turn damage families, communities, and society as a whole. The report encourages the State of Mauritius to leverage its robust framework of diversity and inclusion to promote equality for Muslim women and take concrete steps to ensure all women in Mauritius enjoy full legal protection.
The report will be considered by the CEDAW Committee in its Constructive Dialogue with the Government of Mauritius. Today, Monday, October 29, the IHRC team has joined Musawah in Geneva, Switzerland, where the session and associated Committee briefings are now taking place. Tune in to the #CEDAW71 Constructive Dialogue starting tomorrow (10:00 a.m. – 5:30 p.m. CET) and follow Musawah on Twitter for updates. Watch live at http://webtv.un.org/…/71st-session-committee-…/5723840293001.
October 12, 2018
Posted by Bonnie Docherty
Humanitarian disarmament has become a highly effective and firmly established means of dealing with arms-induced human suffering. This year, it has celebrated many milestones that highlight its achievements. These milestones have also generated forward-looking discussions about how civil society campaigns can best work together to advance humanitarian disarmament’s overarching aim.
In March, Harvard Law School’s Armed Conflict and Civilian Protection Initiative (ACCPI) assembled 25 humanitarian disarmament leaders from around the world for a two-day conference in which they could reflect on the state of the field and strategize about its future. The ACCPI has produced a summary of the conference and its conclusions in a new 27-page report Humanitarian Disarmament: The Way Ahead. It has also launched the website humanitariandisarmament.com, which will serve experts and the public alike.
Humanitarian disarmament seeks to prevent and remediate harm caused by arms and related activities through the establishment of norms. It is a people-centered approach, driven by civil society campaigns, that focuses on human rather than national security. Continue Reading…
September 13, 2018
Clinic Releases Joint Briefing Papers on Refugee Freedom of Movement and Business Documentation in Kakuma, Kenya
Posted by Anna Crowe
The International Human Rights Clinic and the Norwegian Refugee Council (NRC) Kenya released two briefing papers today highlighting the importance of freedom of movement and business documentation for refugees living in Kenya’s Kakuma refugee camp and the associated Kalobeyei settlement. Kakuma and Kalobeyei are home to close to 186,000 refugees, and Kakuma camp itself is one of the largest refugee camps in the world.
Under Kenyan law, all refugees are required to live in and remain within designated refugee camps – to leave a camp without permission is a criminal offence. “Supporting Kakuma’s Refugees: The Importance of Freedom of Movement” explores the ways in which movement restrictions affect the lives and livelihoods of Kakuma’s refugees and limit their opportunities to participate in the local economy and Kenyan society. It seeks to encourage local and national actors to consider alternatives to Kenya’s current encampment policy and rethink existing practices around the temporary movement regime in place in the camps, which refugees described as opaque, arbitrary, and unpredictable.
Formal work and employment opportunities are largely inaccessible to Kakuma’s refugees, and most rely on humanitarian assistance as their primary form of support. Nonetheless, Kakuma has a thriving informal economy and a sizeable number of refugees run informal businesses there, providing goods and services to other refugees, as well as the local community. “Supporting Kakuma’s Refugee Traders: The Importance of Business Documentation in an Informal Economy” focuses on refugees running businesses in the camp and their experiences obtaining mandatory local government-issued business permits. It aims to contribute to ongoing discussions on how to ensure that business permit practices help refugees to safely run businesses and support refugees to exercise their right to work.
The briefing papers are part of a longer-term collaboration with NRC, which in 2017 included examining the documentation challenges refugees living in Nairobi face. Clinic students Haroula Gkotsi JD’19, Niku Jafarnia JD’19, Alexandra Jumper JD‘18, Daniel Levine-Spound JD’19, Julius Mitchell JD’19, and Sara Oh JD’19 worked on the briefing papers, including through desk research and fieldwork.
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