Blog: Student Perspectives

May 1, 2018

Spotlight on HRP’s 2018 Winter and Summer Fellows

Posted by Dana Walters


As part of its mission to merge theory with practice, the Human Rights Program continually offers students the opportunity to leave the law school environment to engage in scholarly inquiry and gain practical experience in the field. Winter Term is but one period that offers JD students a short yet intensive time to do research or internships abroad in human rights. This year, the Program provided Winter Term fellowship awards to four students to immerse themselves in different arenas of advocacy, human rights research, and documentation with courts and NGOs.

Elisa Quiroz, JD ’19, conducted research in Chile, examining the government’s legislative and policy responses to the country’s rapid rise in migration. Recently, Chile has sought to strengthen migrants’ access to socio-economic rights, including labor rights, the right to health, and the right to education. Quiroz examined how services are being delivered, and whether the government is meeting commitments in line with its international human rights obligations.

Elisa Quiroz, JD ’19, who spent her HRP winter term fellowship in Chile, researching the country’s response to the rapid rise in migration.

Without working under the umbrella of an organization, Quiroz undertook this research initiative largely independently. Assistant Clinical Professor Sabi Ardalan of the Harvard Immigration and Refugee Clinic served as her adviser, as the project had grown out of an International Labor Migration reading group Ardalan had taught with Lecturer on Law Jennifer Rosenbaum. Spending time in Chile doing desk research and speaking with academics and civil society experts allowed Quiroz to further contextualize the historical conditions of this recent migration and the legal responses to it. In one instance, she notes, migrants’ equal access to housing is compromised by the insufficient attention the government gives to housing rights in general. Quiroz hopes to analyze this rights gap, as well as the innovative responses by the government and civil society to the influx of new peoples, in a longer academic paper.

In addition to Quiroz, other Winter Term grantees included Molly Ma, JD’18, Ellen Zheng, JD’18, and Mila Owen, JD’18. Ma traveled to The Hague to work with Judge Chung Chang-ho of the International Criminal Court, where she researched the operations of the Court and potential reforms. As a returning intern at Justice Base in Myanmar, Zheng studied ethnic violence and discrimination in the Rakhine state. Likewise, Mila Owen, JD’18, also continued her work for the second year in a row at Zimbabwe Lawyers for Human Rights in Harare, where she focused on disability rights, among other projects. You can read more about her experience in Zimbabwe on the OCP blog here.

From left to right, HRP’s summer fellows: Eun Sung Yang, JD’20; D Dangarang, JD’20; Ginger Cline, JD’20; Krista Oehlke, JD’20; and Delphine Rodrik, JD’20. Not pictured: Sara Oh, JD’19.

This summer, the Human Rights Program has funded six fellows to intern abroad at various human rights organizations. Among these are: Ginger Cline, JD’20, who will travel to Kenya to work for the Hebrew Immigrant Aid Society; D Dangarang, JD’20, for Lawyers for Human Rights in South Africa; Krista Oehlke, JD’20, for EarthRights, International in Peru; Sara Oh, JD’19, for the UN High Commissioner for Refugees in Turkey; Delphine Rodrik, JD’20, for Human Rights Watch in Lebanon; and Eun Sung Yang, JD’20, for Justice Base, in Myanmar.

 

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April 3, 2018

In Clinic Case, Jury Finds Former Bolivian President Responsible for Extrajudicial Killings of Indigenous People; Awards $10 Million in Damages


In a landmark decision today, a federal jury found the former president of Bolivia and his minister of defense responsible for extrajudicial killings carried out by the Bolivian military in September and October 2003. The decision comes after a ten-year legal battle spearheaded by family members of eight people killed in what is known in Bolivia as the “Gas War.” It marked the first time in U.S. history a former head of state has sat before his accusers in a U.S. human rights trial. The jury awarded a total of $10 million in compensatory damages to the plaintiffs.

Both the former Bolivian president, Gonzalo Sánchez de Lozada, and his former defense minister, José Carlos Sánchez Berzaín, have lived in the United States since they fled Bolivia following the massacre known as “Black October.”  During that period, more than 50 people were killed and hundreds were injured. In Bolivia, in 2011, former military commanders and government officials who acted under Sánchez de Lozada and Sánchez Berzaín’s authority were convicted for their roles in the killings. Both Sánchez de Lozada and Sánchez Berzaín were indicted in the same case, but could not be tried in abstentia under Bolivian law.

Several of the plaintiffs and their litigation team.

The lawsuit originated from a collaborative effort between the International Human Rights Clinic and Bolivian lawyers, advocates, and community members seeking justice for the 2003 violence. Dozens of students have worked on the case since 2006.

“After many years of fighting for justice for our family members and the people of Bolivia, we celebrate this historic victory,” said Teófilo Baltazar Cerro, a plaintiff and member of the indigenous Aymara community of Bolivia, who were victims of the defendants’ decision to use massive military force against the population. “Fifteen years after they fled justice, we have finally held Sánchez de Lozada and Sánchez Berzaín to account for the massacre they unleashed against our people.”

In Mamani v. Sánchez de Lozada and Sánchez Berzaín, the families of eight Bolivians who were killed filed suit against Sánchez de Lozada and Sánchez Berzaín in 2007. Today’s verdict affirms the plaintiffs’ claims that the two defendants were legally responsible for the extrajudicial killings and made decisions to deploy military forces in civilian communities in order to violently quash opposition to their policies.

“To me, it was the biggest honor of my life to work with the plaintiffs and learn from them in their struggle for justice,” said Thomas Becker ’08, who brought the idea for the lawsuit to IHRC after spending time in Bolivia and learning about the massacre there. “It’s an extraordinary privilege to witness this and be a small part of this.”

The three-week trial included the testimony of 29 witnesses from across Bolivia who recounted their experiences of the 2003 killings. Twenty-three appeared in person. Eight plaintiffs testified about the deaths of their family members, including: Etelvina Ramos Mamani and Eloy Rojas Mamani, whose eight-year-old daughter Marlene was killed in front of her mother when a single shot was fired through the window; Teófilo 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.

One witness, a former soldier in the Bolivian military, testified about being ordered to shoot at “anything that moves” in a civilian community, while another recounted witnessing a military officer kill a soldier for refusing to follow orders to shoot at unarmed civilians. Witnesses recounted how tanks rolled through in the streets and soldiers shot for hours on end. Others testified about how the president and minister of defense committed to a military option instead of pursuing dialogue with community leaders to reach a peaceful resolution.

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 for monetary damages 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, and the case moved forward in U.S. District Court. After a review of the evidence gathered by both sides, District Court Judge James I. Cohn ruled on February 14 that the plaintiffs had presented sufficient evidence to proceed to trial.

“There are just no words for what the plaintiffs have done over the past ten years to seek justice for their lost loved ones as well as many others who were killed in Bolivia,” said Tyler Giannini, Co-Director of Harvard Law School’s International Human Rights Clinic. “Today the jury gave the plaintiffs a huge victory, and showed that the former president and his defense minister are not above the law.”

“When I heard the verdict, I almost couldn’t believe it,” added Susan Farbstein, Co-Director of Harvard Law School’s International Human Rights Clinic. “The only thing I could think of was: We didn’t let down the plaintiffs, we didn’t disappoint them, we did our jobs.”

As co-counsel, the International Human Rights Clinic has been involved in all phases of the litigation from the outset, including researching and drafting for the complaint and various motions and briefs, assisting with oral arguments, and undertaking more than a dozen investigative missions to Bolivia since 2007. Over the past year, during the discovery phase, students traveled to Bolivia numerous times, and assisted with document review, interrogatories, and the depositions of plaintiffs, witnesses and experts; more than a half dozen students worked on every facet of the case during the three weeks of trial.

“It was fascinating to work under the legal team and have complete faith in their talent and ability to manage such a complex case,” said Amy Volz ’18, who traveled to Bolivia on four fact-finding trips. “It was a once-in-a-lifetime opportunity.”

After the jury announced its verdict, the defendants made a motion asking the judge to overturn the jury’s finding of liability against both defendants. Both parties will submit briefing on this issue in the coming weeks.

“We’re not one to leave halfway through the fight,” said Baltazar Cerro. “We will struggle until the last moment.”

In addition to the Clinic, a team of lawyers from the Center for Constitutional Rights and the law firms of Akin Gump Strauss Hauer & Feld LLP, Schonbrun, Seplow, Harris & Hoffman, LLP, and Akerman LLP are representing the family members. Lawyers from the Center for Law, Justice and Society (Dejusticia) are cooperating attorneys.

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March 21, 2018

Conference preview: Gerald L. Neuman on “Human Rights in a Time of Populism”


Earlier this week, Gerald L. Neuman, Co-Director of the Human Rights Program (HRP), and the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law at Harvard Law School, sat down to discuss HRP’s upcoming conference, “Human Rights in a Time of Populism,” with Natalie McCauley, JD ‘19.

Natalie McCauley, JD ’19, interviews Prof. Gerald L. Neuman, Co-Director of HRP, on FB Live about his upcoming conference on populism and human rights.

The conference, which is free and open to the public, takes place this Friday afternoon and Saturday all day on Harvard Law School’s campus.

So Professor, to start us out: What is this conference about?

Thank you for asking. We plan to discuss the current rise in populism: What are its causes? What are its effects? What implications does it have for the international human rights system? And how should the international human rights system respond?

We don’t expect the answers to these questions to be the same for every country, and that’s one of the things we’re going to be discussing.

We’ll have more than a dozen leading experts coming from as far away as The Philippines and as near as our own university. There will be specific discussion on the United States, Poland, Southeast Asia, Turkey, and Latin America, as well as cross-cutting themes.

I should clarify what I mean by populism. Political scientists offer different formulations for the notion of populism, as we’ll be discussing. The phenomenon of concern here is a kind of politics that employs an exclusionary notion of the people- the “real people,” as opposed to disfavored groups that are unworthy. Populist leaders then claim to rule on behalf of the “real people,” whose will should not be constrained.

And does this populism affect internationally protected human rights?

We plan to discuss examples of how that happens. But the easy answer is: Yes, it does. Certainly within the country, and it in cases it has implications for other countries as well. If we look internally, often populism then leads to targeting the excluded groups. But it also poses a danger to the majority. Populists deny the legitimacy of the political opposition. They often try to entrench themselves in power and undermine checks. Populism can tip over into authoritarianism.

We’re talking about examples in Poland, Duterte in the Philippines, and of course, President Trump here. Continue Reading…

February 16, 2018

Human Rights: Adapting to the Challenges of Our Times

Posted by Mayuri Anupindi and Ha Ryong Jung


Despite almost 70 years since the proclamation of the Universal Declaration of Human Rights, the world is facing overwhelming challenges in upholding the rights that all humans deserve, especially for minority and marginalized communities. However, these challenges are not insurmountable.

Speakers (including clinical instructor Yee Htun, second from the left) on a panel about the rights and dignity of refugees and migrants and the nationalist backlash. Photo credit: Luiz Sampaio.

On Saturday, January 27, a group of Harvard graduate students held the inaugural Human Rights Symposium, entitled Human Rights: Adapting to the Challenges of our Times. The Symposium set the stage for activists, scholars, and students to come together and discuss the common challenges facing human rights movements across the globe, while confirming the potential for new coalitions and reaffirming our commitment for shared action.

We were inspired by Douglas Johnson, former director of the Carr Center for Human Rights, who memorably reminded us through his welcome address that despite the adversities, the key role of an activist is to “breathe in hope, and exhale it to others.” Professor Rajesh Sampath of Brandeis University then gave a rich, wide-ranging keynote address delving into the philosophical premise of human rights and the notion of freedom, while stressing the value of life and harmonious balance.

Our subsequent panels shed light on the narratives and implementation of economic, social, and cultural rights; the rights and dignities of refugees and migrants in light of nationalist backlash; the shared struggles of minorities across the globe; and the potential for new coalitions and solidarities for shared action on human rights issues. Professor Gerald Neuman, director of the Human Rights Program, and Yee Mon Htun and Salma Waheedi, clinical instructors of the International Human Rights Clinic, were among the diverse group of speakers that shared their valuable insights and analyses on multiple spectrums.

Some of the most memorable moments were from those with personal stories, from a moving presentation on the suffering wrought by the war in Yemen, to the reflections of a writer on the impact of international economic policy on her own life in Kenya, to the historical strife of Native American peoples. Other speakers gave insight into tactical issues, such as the potential of local initiatives to counter trends of nationalist backlash, the ineffectiveness of law alone, and the neglect of policy and indicators.

It was a gift to see such dynamic and diverse activists share the same stage. But the discussions did not end at simply identifying the problems. In order to encourage individuals to take concerted action, our final panel consisted of a dialogue between activists working to address the Roma issues in Europe, Dalit rights in India, Black Lives Matter and LGBTQ rights in the US, and Indigenous rights in Australia. Karlene Griffiths Sekou of Black Lives Matter Boston reminded us that solidarity should not come from an impulse to help an “other”, but instead to reaffirm one’s own humanity.

Charles Prouse, an Indigenous Australian advocate, pointed out the complexity of human rights struggles that not only can encompass multiple issues, but can also recognize a victim and perpetrator simultaneously within the same person. In concluding the day, Dena Elkhatib, an Arab American Muslim lawyer, gave a powerful closing speech focusing on the plight of Syrian refugees.

The panelists noted that new tactics and coalitions can only be formulated if spaces are made for the exchange of knowledge. In this regard, we thank all speakers and attendees for making this open and welcoming space possible. The Symposium was well attended from start to finish by individuals from within our community and beyond. We hope you will join us in continuing this annual event and the important discussions next year.

The video recordings of the panels are available at: https://www.facebook.com/hrsymposium2018, and an e-booklet of the Symposium is available on our website: https://www.hrsymposium.info/.

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December 12, 2017

Student Perspectives on Working in the International Human Rights Clinic


We’re so pleased to reprint below two student perspectives on the International Human Rights Clinic, published recently on the blog for the Office of Clinical and Pro Bono Programs. First, Salomé Gómez Upegui LL.M. ’18, reflects on her work on women’s rights in the Arab world. Next, Zeineb Bouraoui LL.M. ’18, describes her work on detention-related abuses in Yemen. Both students worked under the supervision of clinical instructor Salma Waheedi.

Great work, all!

 

My Time at the International Human Rights Clinic
by Gómez Upegui LL.M. ’18



I believe in law as an instrument for social change, and I came to Harvard interested in focusing on that. A year is not much time, and as any LL.M. student can confirm, we all suffer from “fear of missing out”.  I’m happy to say the International Human Rights Clinic, was perfect to curb this fear. In a short time I was able to do so much more than I expected. It was a unique opportunity for hands-on learning, while engaging in public service, and making a difference.

Salomé Gómez Upegui LL.M. ’18

Women’s rights are something I particularly care about, and when I got into this clinic I was eager to learn more about how International Human Rights Law is relevant to feminism. Thankfully, I joined Salma Waheedi’s team for a project on this subject, and my expectations were exceeded. We worked in coordination with Musawah, an NGO advocating for equality of Muslim women. In this project, creative thinking was at the center; using comparative law, alternative interpretations of Islamic law, and human rights standards, we drafted thematic shadow reports on women’s rights for the Committee of the Convention on the Elimination of all Forms of Discrimination Against Women. I had the opportunity to travel to Geneva and participate in the 68th CEDAW Session at the United Nations, where the reports we drafted where presented. This trip was a rare chance to network and learn first-hand how international institutions, governments, and NGOs serve to advance (or sometimes set-back) feminist agendas.

The International Human Rights Clinic allowed me to strengthen fundamental lawyering skills. I especially enjoyed learning innovative advocacy strategies, and I have to say I was happily surprised by the people I met. Working alongside individuals with such passion and dedication to human rights was the highlight of this experience. I felt part of something meaningful from day one, there is a real sense of community, and the value of teamwork is constantly stressed. In a world where individuality is the rule, this was an exceptionally wonderful learning environment, and I’m so grateful to have been part of it.


“Advancing Human Rights in the Middle East”
by Zeineb Bouraoui LL.M. ’18

 

Following the escalation of the Syrian Civil War in 2012, I began working for the Syrian American Medical Society in Washington DC, assisting Syrian refugees in emigrating to the United States, mainly through public policy initiatives. This experience greatly influenced my desire to apply to law school. I was craving the opportunity to acquire effective tools that would allow me to fight back against the injustices that outraged me and to advance economic and social equality in my native region, the Middle East and North Africa.

Zeineb Bouraoui LL.M. ’18

At Sciences Po Law School, I focused my studies on international investment law and economic development, and graduated in 2016 with a masters’ degree in Economic Law and Global Business Law and Governance. I then started working at the Organization for Economic Cooperation and Development in Paris, working on policy coordination efforts in order to help governments resist protectionist pressures and develop effective policies to respond to legal concerns raised by international investment.

It was especially important to me to pursue my commitment to advance human rights in the MENA region at Harvard Law School, leveraging the numerous tools that the university provides to its students, in order to conduct the most effective research, and hope to have the most effective impact on the region.

At the International Human Rights Clinic, I am working on the Yemen project. My team, led by Salma Waheedi, is contributing to a Human Rights Watch report on the growth of the missing file in Yemen. Since 2014, Yemen has become home to one of the most violent non-international armed conflicts in the world. Egregious human rights violations are being committed there on a daily basis. My team focuses mainly on investigating detention-related abuses currently being carried out by all sides to the conflict. We are in the process of mapping the network of secret prisons, and outlining the human rights abuses committed in them. We will then determine the international legal obligations of state and non-state actors involved in the conflict, and investigate enforced disappearances and extra-judicial killings.

The Clinic constituted an eye-opening experience to me, allowing me to understand firsthand the challenges that human rights lawyers and activists are routinely facing with funding, media outreach and advocacy, or even the simple act of gathering accurate and reliable information. It was particularly challenging to work on a non-international armed conflict, as raising awareness on a conflict happening on the other side of the world, with very little interest for the United States can be at times frustrating.

I particularly enjoyed conducting in-depth factual research and interacting with local Yemeni NGOs such as Mwatana, which are doing an incredible job in producing exhaustive accounts of the human rights violations committed throughout the course of the civil war, often at the peril of their lives.

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November 7, 2017

Student Perspective: Fighting for Human Rights with HLS Advocates

Posted by Thaya Uthayophas, JD ’18


This piece first appeared on the Office of Clinical and Pro Bono Programs blog

I came to Harvard Law School because I wanted to make a difference. As an international student from Thailand, however, I wasn’t originally sure how that would manifest. Should I make a lot of money in corporate law to help my family? Should I become part of legal academia, thinking of new philosophical frameworks that could change the way we think about the world? Or should I be an activist for my people back home in an effort to finally establish a permanent constitution and democratic Thailand?

Group photo of HLS Advocates for Human Rights, including co-president Thaya Uthayophas JD ’18, fourth from the left in the front row.

These are all big dreams. And they are all valid in their own ways. As I’ve come to learn through working with Student Practice Organizations and the clinical programs, however, our dreams can be difficult to put into practice. But therein also lies the magic:  that no one’s dream can stand alone. What ultimately inspires me to pursue the dream of becoming a human rights lawyer is not so much the size of my dream or the grandeur of my narrative, but the people, the events, and the projects — the fact that we’re all doing it together as part of something larger, fighting for a seemingly impossible and ever-changing set of ideals that is human rights. And I learned all this by being part of the Harvard Law Student Advocates for Human Rights.

The day-to-day work of an individual Advocates member (and any lawyer, really) borders more or less on the mundane. While it was exciting to see my own project draw fruition with our letter to the UN special rapporteurs on a human rights violation connected to a gold mine in Thailand, I think focusing on the victories misses the point. In order to get the UN letter drafted, my individual team members had to first learn about UN systems, read up on the many violations connected with the mine, and research individual special rapporteurs and the best ways to approach them. Then we had to come together and compile all this information in an accessible form for our partner organization Fortify Rights. It was all very time-consuming, and, at times, it felt like we had to trust our client to know what best to do with the information we provided them. The fact of the matter, however, was that we did trust them — this non-governmental organization more than 8000 miles away. We trusted that their work would eventually help local villagers who suffered from cyanide poisoning and violent attacks because we trusted them as part of the human rights movement, fighting together for a better world.

For this Fall term, Advocates leaves the same kinds of trust to organizations fighting for land rights in Liberia, advocating for waste pickers in Latin America, documenting human rights violations of asylum-seeking children in Israel, empowering mining-affected communities in Guinea, countering violent extremism in Tanzania, and holding people accountable for war crimes in Iraq. Our project leaders and members similarly know that it’s not about each of us making individual difference but all of us making differences as a team, and beyond. And it’s not just the project people who are cognizant of this fact. Our events team, for instance, has created a Human Rights Training Seriesknowing that many students lack understanding about the fundamental building blocks of a different facet of international human rights. Our directors of organizing and direct action constantly seek out opportunities with other organizations on campus to make an impact on the ground.

As for me, as co-President, I’m little more than a facilitator, making sure things go along and confidentiality forms are filled out. It’s a good job. At the very least, I get to write and talk about all the wonderful things Advocates is doing as part of something larger that is human rights.

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November 6, 2017

Statement from more than 35 Harvard Law School student groups on racially charged incident last week

Posted by The International Human Rights Clinic


In a statement released today, more than 35 student groups at Harvard Law School responded to a racially charged incident on campus last week. In solidarity, we reprint their statement below about what appears to have been a coordinated campaign:

Dear Community,

On the evening of October 31, stickers with the words, “IT’S OKAY TO BE WHITE,” were posted around the entrance of WCC. Similar stickers appeared around Cambridge and other parts of the United States and Canada. According to an online forum, the stickers were intended to convey a “harmless” message that would leave “the media & leftists frothing at the mouth” and turn public opinion against them.

We condemn this attempt to divide us along the lines of race and politics. Instead, we have come together as law student groups representing individuals of many backgrounds and identities. We emphatically assert that we remain committed to maintaining a community where we respect and embrace our differences.

The stickers’ message may seem innocuous, but it ignores a national history replete with discrimination against underrepresented groups and implies that promoting equality threatens white people. Equality is not a zero-sum game.

Coming together today, the undersigned organizations affirm our belief that “it’s okay” to be whoever you are and to aspire to grow into whoever you want to become. We welcome people to our community irrespective of background or identity.

With love and support,

Advocates for Education
American Constitution Society
Asian Pacific American Law Students Association
Canadian Law Students Association
Food Law Society
Harvard African Law Association
Harvard Black Law Students Association
Harvard Defenders
Harvard Immigration Project
Harvard International JD Students Society
Harvard Italian Law Association
Harvard National Lawyers Guild
Harvard Negotiation Law Review
Harvard Women’s Law Association
HLS Advocates for Human Rights
HLS China Law Association
HLS Homelessness Coalition
HLS Justice for Palestine
HLS Urbanists
Human Rights and Business Law Student Association
In Vino Veritas
Jewish Law Students Association
La Alianza
Lambda
Law and Behavioral Science Student Association
Law and International Development Society
Mexican Law Students Association
Middle East Law Students Association
National Security Law Association
Native American Law Students Association
Queer Trans People of Color
Reparatory Justice Initiative
South Asian Law Students Association
Student Mental Health Association
Tenant Advocacy Project
West Coast Law Students Association

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September 12, 2017

Statement in Solidarity with Lambda and QTPOC on JAG Recruiting

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.

Student action outside the classrooms where JAG was recruiting today.

April 7, 2017

VIDEO: Testimonies from International Women’s Day at HLS


Because we believe that every month should include an International Women’s Day, we’re celebrating it again this month by sharing videos from last month’s official celebration at HLS. Either that, or we got caught up in other things around the Human Rights Program and neglected to post these videos in a timely manner.

If you visit our account on YouTube, you’ll find the following powerful testimonies offered by: Doris Rena-Landaveirde, union leader and member of the HLS custodial staff; our very own Susan Farbstein, Co-Director, International Human Rights Clinic; Aparna Gokhale, JD ’17; Radhika Chitkara, LLM ’17;  .  and Esme Caramello, Faculty Director, Harvard Legal Aid Bureau. Deborah Anker, Director, Harvard Immigration and Refugee Clinical Program, also spoke but unfortunately we’re missing that video.

Thanks to the powerhouse women below- Yee Htun, Clinical Advocacy Fellow; Anna Crowe, Clinical Instructor; and Emily Nagisa Keehn, Assistant Director of the Academic Program- for organizing this event that drew more than 100 students, staff and faculty to Belinda Hall on March 8. Thanks also to the women who stood in front of that community and inspired and energized us with their words. And thanks finally to all the women we know- and the billions we do not- who have pushed for change, in whatever way they can, so that we are stronger and more secure and ready to push for MORE.

YeeAnnaEmily

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March 10, 2017

Tracking a remnant of war in Kosovo

Posted by Jared Small, JD '18

Tomorrow, my Harvard Law School colleagues and I will board an airplane for Kosovo. Our goal: track down remnants of a war that ended nearly two decades ago.

The Kosovo War ended in 1999 after a months-long NATO airstrike crippled Yugoslav and Serbian forces and paved the way for an internationally monitored Kosovan autonomy.  Kosovo has since declared independence, and is moving forward towards what it hopes will become full membership in the European Union.

Damage from depleted uranium penetrators in Gjakova/Đakovica. Credit: Naomi Toyoda /  ICBUW

Damage from depleted uranium penetrators in Gjakova/Đakovica. Credit: Naomi Toyoda / ICBUW

But there is an invisible part of this story that has largely escaped the public eye over the past decade and a half.  Our team from the International Human Rights Clinic will travel to Kosovo to better understand potential environmental and human health impacts that linger from the war.

During the course of the NATO airstrikes, United States aircraft deployed at least 5,723 kg of Depleted Uranium (DU) ammunition at Serbian and Yugoslav targets.  As an incredibly dense by-product of the process of enriching uranium, DU is often used by militaries in armor-piercing shells and bullets. American A-10 Thunderbolts fired DU at more than 100 ground targets during the campaign against Yugoslav President Slobodan Milosevic, who was attempting to cleanse Kosovo of its nearly 90% ethnic Albanian population.

In addition to penetrating armored vehicles, DU rounds ended up in areas now returned to civilian use, including bucolic buildings and urban streets. Even 18 years after the end of the war many of these penetrators remain scattered around Kosovo.

For a minute or so after the war, the world took notice of the fact that Kosovo had been littered with DU. The media reacted to a Pentagon statement acknowledging the use of DU. The Post-Conflict Assessment Unit of the United Nations Environmental Programme (UNEP) and the World Health Organization (WHO) both made site visits to Kosovo shortly after.

But concern about DU faded from the public eye as the world moved on from the Balkan Wars and new events demanded resources and attention.  The initial UNEP and WHO reports cited neither a “smoking penetrator” nor any cancerous abnormalities in the civilian population.  Those same reports, however, warned of potential longer-term radioactivity issues stemming from ingestion of uranium in drinking water or inhalation of uranium dust suspended in the air.

DU’s chemical toxicity raises other concerns. When ingested, the greatest concentrations of DU may show up in the kidneys, liver tissue, and skeletal structure, potentially causing renal dysfunction and organ damage.

As we head to Kosovo, here’s what we know: calls by concerned stakeholders for longer-term water, soil, air, and livestock monitoring in Kosovo have not been heeded.  And studies of heavily targeted DU sites elsewhere in the Balkans—such as the TRZ Hadžići Tank Repair Facility in Bosnia and Herzegovina—have uncovered health and psychosocial consequences among populations exposed to DU.

Even before setting foot in Kosovo, we have begun discussing the value of increased information sharing and heightened transparency around DU target areas.  Our trip will allow us to examine the state of awareness that surrounds these issues, and ultimately to offer recommendations for a response that is in line with the needs of Kosovan individuals, communities, and civil society.

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