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September 21, 2017
Friday, September 22, 2017
“In Pursuit of Accountability for Post-9/11 Torture: A Discussion with the Litigation Team of Salim v. Mitchell”
12:00- 1:00 p.m.
Lunch will be served
Please join us for a discussion with the litigation team behind Salim et al. v. Mitchell et al., the landmark case that sought to hold CIA-contracted psychologists Dr. Bruce Jessen and Dr. James Mitchell accountable for the post-9/11 torture program they devised. Hina Shamsi, director of the ACLU National Security Project, and Lawrence Lustberg, chair of the Criminal Defense division at Gibbons Law in Newark, NJ, will discuss the recently settled case with moderator Paul Hoffman, a civil and human rights attorney and fellow member of the trial team currently teaching at HLS. The ACLU filed the lawsuit under the Alien Tort Statute on behalf of three victims of the CIA’s program, Mohammed Ben Soud, Suleiman Salim, and Gul Rahman, who died as a result of the torture inflicted on him.
September 13, 2017
Now that the semester is underway, we want to extend our warmest welcome to all of the new staff and Visiting Fellows at the Human Rights Program. They are, in a word, fantastic.
Debbie Frempong, the new Program Assistant for the International Human Rights Clinic, comes to us from Harvard Divinity School, where she graduated with an MTS in Religion, Politics and Ethics. She holds a B.A. in Public Policy and Politics from Pomona College.
Debbie is taking on many of the responsibilities previously held by Katherine Young, who until recently worked as Program Associate. This summer, she was promoted to Program Manager, in charge of administrative management of the International Human Rights Clinic and the financial administration of the Human Rights Program.
Dana Walters, the new Program Assistant for the Academic Program, comes to us from the Berkman-Klein Center for Internet & Society at Harvard, where she was a coordinator, and the Atlantic Media Company, where she was a fellow. Dana holds a B.A. in English and American Literatures from Middlebury College and an M.A. in English Language and Literature from the University of Chicago, where she was previously pursuing a doctorate.
This semester, we’re also so pleased to welcome three Visiting Fellows. Continue Reading…
September 12, 2017
Posted by Anna Crowe, Yee Htun, Salma Waheedi, Tyler Giannini and Susan Farbstein
As human rights advocates, we support the student groups Lambda and QTPOC (Queer and Trans People of Color) in their action today against Harvard Law School’s decision to allow JAG recruiting on campus, which is the school’s only exception to its anti-discrimination policy. We also support the students’ call for increased support and awareness for issues affecting the transgender, non-binary and gender non-conforming community. We stand in solidarity with the students, staff and faculty seeking to build a more inclusive Harvard Law School.
Read the students’ statement here.
September 6, 2017
Posted by Cara Solomon
Yesterday, when we converged on Harvard’s campus to protest the end of DACA—when we listened to stories of pain and resistance; when we snapped our support; when we linked our arms, and chanted together, several hundred strong—one person was missing.
That person was Gabriela Gonzalez Follett, who never missed a fight for the rights of other people in her three years with us, first as Program Assistant, and later Program Coordinator. She left HLS last Friday, headed to teach English to children in a small Spanish town.
We could say that Gabriela was superb at her job, and it would be true. She organized nearly 100 events in her three years at the Human Rights Program, including conferences on everything from the role of African women in the post-2015 Development Agenda to climate change displacement and human rights. She became a master of managing the moving parts: speakers flying in from around the globe, last-minute technical breakdowns, calming the community’s fraying nerves.
On a daily basis, she supported the ever-changing needs of several clinical instructors; the staff of the Academic program; the Visiting Fellows; and hundreds of students seeking guidance on everything from the fellowship process to clerkship letters.
But now that Gabriela has officially left HRP, her job performance is not what many of us will remember.
We will remember her power.
Like so many great stories, Gabriela’s has an arc. By her own telling, she came to Harvard Law School intimidated, feeling less than the sum of her considerable parts. But she pushed past that feeling, followed her curiosity, and sat in on clinical seminars, collecting all the knowledge she could.
Then, when a crisis point came—the non-indictment of a white police officer, Darren Wilson, who shot and killed Michael Brown, an unarmed black teenager, in Ferguson, Missouri—Gabriela quickly rose to meet the need. She reached out to students of color—not just as a friendly face in the office, but as a friend. In public and in private, on the job and off, she showed up in ways that went late into the night, and made others feel less alone.
One of those students, Keaton Allen-Gessesse, JD ’16, returned the favor nearly a year later, when the community gathered yet again to discuss racial equity on campus, in the aftermath of someone—or some people—defacing the portraits of black professors. In her comments, Keaton used her privilege as a student to raise concerns about the treatment of staff of color, a community that had gone overlooked in the discussion to that point.
Gabriela, inspired, rose to represent. She spoke about her own experience as a woman of color on campus—about the stereotypes that flew around her, and at her, and about the differences in the way she saw staff or color treated. When she finished speaking, she had become a leader in what became Reclaim Harvard Law School, a movement of students and staff pushing for institutional change and racial equity in education.
Gabriela spent the next several months strengthening the ties between students of color and staff of color while working tirelessly for the movement overall. At nights and on weekends, she sat through hours-long meetings, helping to substantively shape the content of the movement’s demands and manifesto. She hosted workshops; led art-actions; wrote an Op-Ed; coordinated critical email lists; spoke at community forums. She organized “family dinners” for staff of color. She slept overnight with the students in Belinda Hall, the student lounge the movement renamed in honor of Belinda Sutton, a former slave of HLS benefactor Isaac Royall.
And so it was that, less than two years into her time at HLS, Gabriela received the ultimate honor from HLS students: their Suzanne L. Richardson Staff Appreciation Award. (See video of her speech below.)
Gabriela would continue to support the Reclaim movement in ways small and large, right up until the day she left HLS. But it is hard to shake the power of her image on Class Day, rising to speak, and draping the traditional cloth from her mother’s homeland over the dais before she began—a woman completely at home, and entirely her own.
Thank you for the inspiration, Gabbie—and for the many gifts you brought to our door.
June 1, 2017
We are thrilled to announce today that the Human Rights Program has hired Yee Htun and Salma Waheedi as clinical instructors in our International Human Rights Clinic.
For the past year, Yee and Salma have worked with us as clinical advocacy fellows, supervising projects on everything from land rights and telecommunications policies in Myanmar to torture in Iraq. They also share a strong focus on gender justice.
For Yee, that focus comes from a personal place. She’s spent most of her career as an attorney working on women’s rights, often with refugee and migrant communities. Yee herself was born in Myanmar and immigrated to Canada as a government-sponsored refugee.
“Women’s rights for me is not an abstract concept but a cause to which I have dedicated most of my life’s work to,” said Yee. “Whether it is coordinating and launching the first ever global campaign with Nobel Peace Laureates to stop sexual violence in conflict or offering legal counsel to women’s organizations seeking to enact a prevention of violence against women law, I have done it out of the belief that only when we give power to women and girls do we advance the human rights for all.”
Until recently, Yee was the Myanmar Program Director for Justice Trust, a Yangon-based international legal non-profit organization that provides support to communities. This year, she worked with clinical students to elevate the voices of women human rights advocates in the country; convene workshops on law reform in Myanmar with LGBTQI activists, human rights defenders, journalists, and lawyers; document land policy that discriminates against women; and examine the country’s new telecommunications law, which has had a chilling effect on free speech.
Salma came to the Clinic this year as a joint fellow with the Islamic Legal Studies Program: Law and Social Change, where she focused on women’s rights in Islamic legal systems and issues of legal reform and gender justice in Muslim family laws. This past year, she and her students worked with women’s rights lawyers and advocates across different Muslim countries, documenting legal obstacles to women’s equality, advocating for an end to discriminatory policies and practices, and engaging with the committee of the Convention on All Forms of Discrimination against Women (CEDAW) to foster deeper and more productive dialogues with the states.
In the Clinic, Salma also plans to focus on business and human rights concerns in the Middle East, particularly with respect to issues of corporate accountability and economic justice. Before entering the legal profession, Salma worked in her native country of Bahrain as Economic Planning and Development Director at Bahrain’s Economic Development Board, and later served as a consultant on economic policy and international development around the world.
As a lawyer, she continued to advocate for social and economic justice through community development and legal assistance programs in the United States and abroad.
May 21, 2017
A disarming leader: Bonnie Docherty recognized for contributions to human rights, clinical community
A post by Cara Solomon
When Nicolette Boehland, JD ’13, began the daunting work of documenting torture and mass hangings in a Syrian prison, she was prepared. She knew how to interview survivors of trauma. She knew how to protect the security and confidentiality of witnesses. She knew, when her 50th interview was done, just how to connect the dots.
“There I was, with my pieces of paper all around me, with different highlighters for each different fact I was trying to establish,” said Nicolette, a researcher for Amnesty International’s Middle East and North Africa Programme. “That’s basically me modeling what Bonnie taught me to do.”
Over the course of her career, as Bonnie Docherty has emerged as an international expert on civilian protection in armed conflict, she has also mentored scores of clinical students, from field researchers in conflict zones to advocates inside the halls of the UN in Geneva.
Her biggest alumni fans call themselves “the Bonnie mafia.” When they heard of her recent promotion to Associate Director of Armed Conflict and Civilian Protection at the International Human Rights Clinic, the reaction could best be summed up in one word: jubilation.
“This is the best news I’ve heard in a while,” said Lauren Herman, JD ’13, a fellow at Make the Road, NJ, an immigrants’ rights organization. “I am just thrilled for Bonnie and the Clinic and all of Harvard.”
The promotion gives Bonnie room to deepen and expand her work on civilian protection. She plans to increase support for civil society organizations working in the field, create a track for students interested in careers in civilian protection, and provide a forum for experts to develop practical innovations.
A senior researcher in the Arms Division of Human Rights Watch as well as a Harvard lecturer on law, she’ll continue to dedicate much of her time to humanitarian disarmament, which seeks to eliminate civilian suffering from problematic weapons. It’s an area Bonnie has been working in for 16 years.
“It’s a time of great expansion in humanitarian disarmament, but also a time of challenges,” said Bonnie. “I’m hoping we can bolster the advocacy of the NGOs, and provide some fresh thinking.”
Nobody is better poised to do that work. With her experience in the field, and her expertise in international humanitarian law, she is, her colleagues say, unquestionably one of the keenest legal minds in the humanitarian disarmament movement — known for her deep knowledge, her sharp legal analysis, and her strategic thinking.
“If someone asks you who is the best lawyer in the world to go to on cluster munitions — and now killer robots — Bonnie is at the top of the list,” said Steve Goose, who heads the Arms Division at Human Rights Watch.
Bonnie never imagined this career for herself. In college, she immersed herself in the study of history, partly for the love of individual stories, convinced she would pursue a PhD. Then she decided she wanted to see history unfold in real time, and turned towards journalism.
It was there, as a reporter for the Middlesex News, that she saw the aftermath of war up close. When the Department of Defense offered media trips to embed with the US-NATO peacekeepers in Bosnia in 1998, Bonnie, whose job included covering an Army lab in Natick, lobbied her editor to go.
The ten-day trip was a series of firsts: working with a translator, interviewing victims of human rights abuses, going on patrol with the military, seeing the remnants of weapons of war. Along the way, she picked up tricks of what would later become her trade — interviewing an Air Force pilot in a pitch-black cockpit, for example, scribbling her notes in the dark.
“I just tried to space the notes out broadly enough, and kept flipping pages quite aggressively — and hoped,” she said.
She’d applied to Harvard Law School months earlier, partly because she was tired of asking other people to answer her legal questions. In typical Bonnie form, she wanted to study the source of the information for herself. Then, the week she left for Bosnia, she got the acceptance letter.
And so, with the curiosity of a journalist and the long view of a historian, Bonnie went to law school, studying human rights and international humanitarian law, and landing at Human Rights Watch after graduation. Her first day on the job was September 12, 2001.
Over the years, Bonnie has documented human rights abuses and civilian casualties in some of the world’s most dangerous conflict zones, at some of the most dangerous times, from Afghanistan in 2002 to Baghdad in 2003, three weeks after the city fell.
In 2005, when she interviewed for the job of clinical fellow at the International Human Rights Clinic, she called in on a rental cell phone during a layover on the way to a three-week mission in Darfur.
With clinical students in tow, she’s investigated the use of cluster munitions in Lebanon; documented the ongoing needs of civilian victims of Nepal’s armed conflict; and most recently, examined the use of explosive weapons in populated areas of Ukraine.
From the very beginning, she thrived on the work.
“It’s a chance to make a difference in the world, which I always wanted to do,” she said. “It’s also an opportunity to be a part of history.”
What Bonnie saw out in the field then pushed her into another world, of diplomats and treaty negotiations. She began working intensively, often in Clinic-Human Rights Watch collaborations, to ban weapons that disproportionately affect civilians.
She’s been a leader in efforts to ban fully autonomous weapons, otherwise known as “killer robots,” and to strengthen international law on incendiary weapons. Perhaps most famously, she’s known as the legal expert behind the campaign for an absolute prohibition on cluster munitions, which started as a dream, and a decade later led to a treaty.
“It’s just amazing that someone is so capable of teaching and doing and showing students the ropes in those very different worlds,” said Brian Kelly, JD ’14, who now works at the U.S. Department of State. “I still reach out to her with questions.”
The process of improving civilian protection is slow moving and full of setbacks. To stay the course, she says, you need patience and stamina and plenty of faith.
For her part, Bonnie takes inspiration from studying the patterns of history. And then there’s always her memory of that day in 2008 when almost 100 countries gathered in Oslo to sign the treaty banning cluster munitions.
“It does give me patience when I’m doing all my other work to say: I know this can lead somewhere,” Bonnie said.
By the time the ban on cluster munitions was signed, Bonnie had been a teacher in the International Human Rights Clinic for three years. So when it happened, she had students by her side. Chris Rogers, JD ’09, was one of them.
It was a day he will never forget.
“You had individuals who were really part of a movement for years, from victims of cluster munitions in Cambodia to arms control groups in Latin America and the Middle East to human rights organizations in Europe,” said Rogers, now a senior policy analyst with the Open Society Foundations’ Middle East, North Africa, and Southwest Asia Program. “For me, someone who was just starting out in his career in this field, to see such an impressive victory by civil society, it was very influential.”
Ask any student under Bonnie’s supervision, and they’ll tell you: they learn on the job. They’re up all night with her drinking Diet Mountain Dew and parsing treaty language before a meeting of the Convention on Conventional Weapons. They’re preparing presentations on the dangers of killer robots for UN side events.
Ask Ken Rutherford, co-founder of the Landmine Survivors Network, and he’ll tell you: Bonnie’s students are rock stars.
“They’re not traveling around the world trying to get free cups of tea,” said Ken, a professor of political science at James Madison University. “They’re singularly focused on niche areas of international humanitarian law that need to be re-evaluated, re-examined, and opened up for further discussion or refinement.”
By now, inside the tight-knit community of advocates that work on protecting civilians in armed conflict, there’s an expectation of excellence from Bonnie.
It’s just a given: Every few months, she and her students will churn out a meticulously researched publication. It will be on a topic foundational enough, or cutting edge enough, to push any given campaign forward.
Bonnie will draw large crowds to her side events at international weapons conferences. And you will see in the audience so many nodding heads, as she lays out in a straightforward and compelling manner the case for what civilians need.
“Sometimes we take it for granted,” said Miriam Struyk, Program Director of Security and Disarmament at PAX, who grew up in the humanitarian disarmament movement alongside Bonnie. “But we shouldn’t, because it’s still remarkable.”
When Bonnie joined the Clinic, she had eight projects, 16 students, and very little teaching experience. She was something of an introvert then, as she is now, and she wondered: Would she connect?
Her colleagues in the Clinic knew she would. Her passion, her dedication, and her caring caring were all contagious.
“Bonnie’s just a natural,” said Tyler Giannini, co-director of the Clinic. “From the very beginning, the students have been inspired to follow her lead.”
Quiet and understated, Bonnie is not the kind of advocate whose voice swells when she talks about victims. Her caring comes through in other ways — in the literature she assigns her students to read, in the tributes she writes to beloved colleagues who have passed away.
Here was a human rights advocate who strayed so far from the stereotype in her mind. Someone who had made a career, and a community for herself, by being superb at her job, and generous.
“You don’t need to be this showy person who’s constantly hustling and advocating for themselves, which is a little bit how I imagined it had to be,” said Crowe, now a clinical instructor and lecturer on law at Harvard Law School. “That was one of the major revelations of the year.”
More than a decade after she began teaching, the “Bonnie mafia” now stretches far and wide, roughly 40 alumni strong. Some work in government. Others at law firms. Many have moved into the fields of disarmament, or civilian protection, or other areas of human rights advocacy.
Many owe their first job to her, and often, the job after that. To them, Bonnie’s influence cannot be overstated.
“Without Bonnie, I wouldn’t be who I am and doing the work I am doing today,” said Rogers. “There is a direct line between Bonnie and the laws and policies I’ve helped to pass in places like Afghanistan and Pakistan.”
Those words come from a letter several alumni wrote to the senior leadership of Harvard Law School a few years ago, calling attention to the ways in which Bonnie prepared them to practice law, and strengthened the contributions they would make to the world. It gave Bonnie goose bumps to read it. She’d never heard some of those stories before.
When she was promoted this spring, Bonnie got to hear it all again, in notes that came from all corners of the country and the world. It’s something far more than praise to her; it’s a gift.
“They’ve made such a difference in my life,” said Bonnie. “It’s nice to think I could give them something in return.”
May 18, 2017
Clinic and partners call on ICC to investigate role of Chiquita executives in contributing to crimes against humanity
Human Rights Coalition Calls on ICC to Investigate Role of Chiquita Executives in Contributing to Crimes against Humanity
Communities in Colombia Seek Accountability after two decades of impunity
Bogota, Colombia, May 18, 2017 – Today, on behalf of affected Colombian communities, a coalition of human rights groups called on the Prosecutor of the International Criminal Court (ICC) to investigate the complicity of executives at Chiquita Brands International in crimes against humanity. To date, no executive has been held to account despite the company’s admission that it funneled millions of dollars to Colombian paramilitaries that killed, raped, and disappeared civilians. If the ICC takes up the case, it would be the first time it moved against corporate executives for assisting such crimes.
In their submission to the court, the coalition of local and international human rights groups traces the executives’ involvement with payments made to the paramilitaries between 1997 and 2004. Even after outside counsel and the U.S. Department of Justice said such payments were illegal under U.S. law, the payments continued. The submission includes a confidential, sealed appendix that identifies by name fourteen senior executives, officers, and board members of Chiquita who the coalition argues should be the focus of the Prosecutor’s investigation.
The coalition, which consists of the International Human Rights Clinic at Harvard Law School, the International Federation for Human Rights (FIDH), and the Corporación Colectivo de Abogados José Alvear Restrepo (CAJAR), relied on internal Chiquita documents and assistance from the National Security Archive at George Washington University to identify the Chiquita officials and show how they were involved with the crimes.
“The executives who oversaw the funding of paramilitaries should not be able to sit comfortably in their houses in the United States as if they did nothing wrong,” said a member of the Peace Community of San José de Apartado, which submitted a letter to the ICC about how the paramilitary violence personally affected them. “Families across Colombia have been waiting for accountability for too long.”
Chiquita could have acted differently, or could have left the country years before it did, but instead decided to continue its lucrative business while paying paramilitaries for so-called ‘security’ in the banana-growing regions. By 2003, Chiquita’s subsidiary in Colombia was its most profitable banana operation in the world.
“At the time, Colombian paramilitaries were notorious for targeting civilians, among them banana workers and community leaders,” said CAJAR, “but Chiquita’s executives decided to continue giving money to paramilitaries anyway.”
The Chiquita corporation already pled guilty in a U.S. federal court in 2007 to illegally funding Colombian paramilitaries. But accountability for the executives who oversaw and authorized the payment scheme has been elusive: while civil litigation is pending in U.S. courts against Chiquita executives, no criminal prosecution is on the horizon. Colombia has not been able to get jurisdiction over them, and there is no indication that the United States would extradite the executives.
“We request that the ICC expands its current inquiry in Colombia to specifically include Chiquita’s executives and officials,” said Dimitris Christopoulos, the President of FIDH. “The weight of the evidence should lead the Office of the Prosecutor to act if Colombian authorities are not able to.”
If Colombian authorities do not move ahead with this case, the submission asks the Prosecutor to request formal authorization from its Pre-Trial Chamber to open an investigation into Chiquita’s corporate executives.
The communication comes at a critical time in Colombia, as the country begins to implement an historic peace agreement after nearly half a century of conflict. The coalition’s submission urges the Office of the Prosecutor to monitor local Colombian proceedings to ensure its meets ICC standards, particularly with regards to the private sector support for the paramilitaries and business’ accountability.
“In times of transition to peace, corporate actors too often escape accountability for their egregious behavior in the past,” said Professor Tyler Giannini, a Director of the International Human Rights Clinic at Harvard Law School. “The prosecution of Chiquita officials for their payments to the paramilitaries would send a powerful message that impunity is no longer business as usual.”
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For media inquiries:
Tyler Giannini (English), Director of the International Human Rights Clinic at Harvard Law School +1 617 669 2340
Dimitris Christopoulos (English, French Greek), FIDH President : + 33 6 75 76 69 32
Jimena Reyes (Spanish, French, English) – FIDH Americas Desk director : +32 493 61 72 64 (firstname.lastname@example.org)
Sebastián Escobar, CAJAR: +57 3143776026
May 12, 2017
Paul Hoffman, expert in constitutional and civil rights litigation, to teach in the Clinic this fall semester
Posted by Susan Farbstein and Tyler Giannini
We are extremely pleased to announce that a human rights advocate we have long admired, and worked alongside, will join us at the International Human Rights Clinic for the fall semester. Paul Hoffman, an expert in constitutional and civil rights litigation, will teach the Clinic’s Human Rights Advocacy seminar, as well as supervise students on several clinical projects.
Paul has been an incredible mentor to each of us, in terms of his knowledge of the law, his ability to think creatively and strategically, and the passion and love he brings to his work. He is, without a doubt, the leading Alien Tort Statute (ATS) litigator in the country, and yet he carries that distinction with so much humility and openness to others.
The Clinic has worked closely with him on several recent ATS cases, including the In-Re South African Apartheid litigation and Kiobel v. Royal Dutch Petroleum Co, which Paul argued before the U.S. Supreme Court. We also collaborated on two other landmark cases, Unocal and Wiwa, both of which resulted in settlements. Paul also argued the first major ATS case, Sosa v. Alvarez-Machain, before the Supreme Court. Continue Reading…
April 26, 2017
April 27, 2017
“Human health in a changing climate”
A Harvard symposium
9:00 a.m.- 2:30 p.m.
Jefferson Hall 250
17 Oxford St,
Please join the Harvard Global Health Institute, the Climate Change Solutions Fund, and the Harvard University Center for the Environment for a symposium on human health in a changing climate, with welcoming remarks by Harvard University President Drew Gilpin Faust. The keynote address will be by Gina McCarthy, former Administrator of the Environmental Protection Agency, followed by remarks by Michelle Williams, Dean of the Harvard T.H. School of Public Health.
HRP’s Bonnie Docherty will moderate a 10:15 a.m. panel on climate, migration and health, featuring Jennifer Leaning, FXB Center for Health and Human Rights, Harvard University; Michael VanRooyen, Harvard T.H. Chan School of Public Health; and Kira Vinke, Potsdam Institute for Climate Impact Research.
April 14, 2017
Today, we have the most wonderful news: our beloved Bonnie Docherty has been promoted to Associate Director for Armed Conflict and Civilian Protection! Bonnie has been a leader in the disarmament movement since 2001, working to ban everything from cluster munitions to killer robots to nuclear weapons- and developing a generation of students into advocates along the way.
More on this in an article to come. In the meantime, here she is today, being celebrated by some of her many fans, all of whom raised a plastic glass of Diet Mountain Dew in her honor. Congratulations, Bonnie! You do us proud.
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