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October 30, 2018
HRP has added several exciting events to our fall programming, including a panel on human rights impact litigation, a screening of the film War Don Don, a talk with Raymond Atuguba, and an information session on HRP Summer Fellowships with last year’s fellows.
More on Summer Fellowships
For 1Ls and 2Ls interested in exploring human rights as a career, a summer fellowship is the perfect place to introduce yourself to the field. Advising has already begun. Reach out to Emily Nagisa Keehn to think through placements and swing by the HRP lounge on Nov. 14th to learn more.
Otherwise, read on to learn more about the slate of events upcoming this fall, especially those recently added.
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 26, 2018
We are sad to share the news that James Tamboer, one of the clinic’s clients in the apartheid litigation, passed away this week. Here, several of the attorneys who worked with James on the case, reflect on his life and this loss.
From Judith Chomsky:
James Tamboer critically set the stage for my understanding of the workers’ struggle against apartheid. Like others who came forward in the struggle against apartheid, his courage and steadfast commitment inspired both his comrades and those of us who came to know him working on the apartheid case in U.S. courts. Meeting and learning from James has given meaning to our work and pride in our association with him.
From Susan Farbstein:
James Tamboer died this week, and I don’t have words to adequately describe the loss. How do I explain my love and respect for a man who started out as a client but became a friend, an inspiration, and the source of so much wisdom and kindness. How do I describe my grief that another member of this generation of South Africans—a generation that struggled and fought and persevered and survived—has died, and that with his death we lose another piece of history and another connection to that past.
Representing James was one of the greatest honors of my life. For nearly a decade, we worked together on a case which sought to hold multi-national corporations accountable for their role in supporting and assisting the apartheid government to commit gross human rights violations. James, who was born in 1959, worked at the General Motors plant in Port Elizabeth from 1977 until 1986. As he said, “I started as a laborer and ended as a laborer.” He worked the trim line, fitting together truck parts, including chassis for military vehicles.
Before joining GM James had been politically active in the student movement, although he had never been arrested. He continued his organizing efforts with the union at GM, first as a shop steward and later as a senior shop steward. James worked not only for pay increases but also to break down racial barriers, such as separate toilets and canteens, within the plant.
He paid heavily for this involvement. He recalled 1982 being one of the worst years for him, a year in which he was arrested on a regular basis—including being taken from the GM plant—because he was a vocal and visible union leader. Security branch personnel often came into the plant, and to his mother’s home, to question James about plans for strikes or other political activities.
During intense union negotiations that year, James was detained for three weeks at St. Alban’s, a notorious prison facility where hundreds were often held without charge and subjected to police abuse. He was tortured. He described being beaten over a bench and waterboarded as the security police attempted to extract information from him about the union’s plans.
James was held again for several months in 1985-86, swept up following the government’s declaration of a state of emergency. The security forces, interrogating James about his role organizing a major strike at GM, stomped on his legs and chest. They bashed his head into the walls so forcefully that he would suffer from memory loss and epilepsy for the rest of his life.
But James was so much more than an activist and survivor. He was a husband, a father, and a pastor. He hesitated before joining the apartheid litigation as a plaintiff. He was concerned that if his children knew more about the abuse that he had suffered, they might hate the white people who had mistreated him. And he had spent his life working against hatred, and for equality and reconciliation.
Ultimately he joined the case because he wanted stories like his to be heard and because he hoped for some measure of justice and accountability, or at least acknowledgement, by GM and the other corporations. He was clear-eyed about the immense legal hurdles that we would face, but he believed in the importance of the case.
When I think of James now, my strongest memories are of him laughing—deep and loud and heartily, with his whole body—and of the way that he would lean in close, look you right in the eye, and wag his finger a bit when making an important point. I remember speaking with him after we had suffered a major setback in the case. I was apologetic and also, I’m sure, quite upset. As was his way, James offered reassurance and perspective: “We always knew this would be hard. And we have suffered so much worse.” Of course.
James, I will miss you tremendously. I will be forever grateful for the privilege of working with you and learning from you. And I will honor your memory, in my own small way, by carrying your wisdom and passion for justice with me, and by sharing it with others.
From Tyler Giannini:
When Diana Tamboer emailed me on Monday that her husband, James, had passed that morning, I was physically shaken. Sitting with it, I went to a moment etched in my mind forever; I can see James’ face – it was a conversation that he and I had at a fast-food restaurant near his house. We settled in a corner booth away from others. We sat across from each other, the Formica table top between us, and we talked. We had spoken before about his experiences – the torture at the hands of the Special Branch, the struggles to fight against apartheid. But this conversation was about whether he would be a plaintiff and a class representative in the apartheid litigation pending in New York.
I explained how much of a long shot the litigation was going to be; how many years it would take; how hard it would be; how he would have to talk about experiences that are hard to relive.
He was unphased. James simply said that he lived under apartheid and he knew all too well about the law, about the way legal systems do not lead to justice. He had no illusions about where this might go, and yet he was fully on board for the years of struggle that were ahead.
And then he said to me he wanted to do this because he had never told his children what had happened to him. He wanted them to know – not just so that they would know, but because he wanted to break the cycle of violence and hatred that defined apartheid.
No more needs to be said about James. I will miss him. And I will forever remember him and his strength, his wisdom, and his humanity.
October 16, 2018
Salma Waheedi, Clinical Instructor and Lecturer on Law at the International Human Rights Clinic and Associate Director of the Islamic Legal Studies Program: Law and Social Change, has co-authored an article in the Harvard Journal of Law and Gender with Kristen A. Stilt, Professor of Law and Director of the Islamic Legal Studies Program, and Swathi Gandhavadi Griffin, practicing attorney. The article, “Ambitions of Muslim Family Law Reform,” examines Islamic legal arguments and strategies used to support family law reform.
The co-authors state:
“Family law in Muslim-majority countries has undergone tremendous change over the past century, and this process continues today with both intensity and controversy. In general, this change has been considered “reform,” defined loosely as the amendment of existing family laws that are based on or justified by Islamic legal rules in an effort to improve the rights of women and children. Advocates seeking to reform family law typically make legal arguments grounded in Islamic law, thus explicitly or implicitly conceding the Islamic characterization of family law. This ‘reform from within’ approach has grown in recent years and the legal arguments have become more ambitious as women’s groups have become more involved and vocal.”
The article identifies and examines the landscape of legal arguments that are used and are needed to support change and analyzes the ambitious, possibilities, and limitations of reform in Muslim family law today.
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…
October 2, 2018
New Book: Human Rights, Democracy, and Legitimacy in a World of Disorder, Edited by Gerald L. Neuman and Silja Voeneky
Gerald L. Neuman, HRP Co-Director and J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law and Silja Voeneky, Co-Director of the Institute for Public Law and Professor of Public International Law, Comparative Law and Ethics of Law at the University of Freiburg and former Visiting Fellow at HRP, have published a new edited volume, Human Rights, Democracy, and Legitimacy in a World of Disorder (Cambridge University Press). The book examines how and why the concepts of human rights, democracy, and legitimacy matter in the conditions of international disorder brought about by the 21st century.
Building from an interdisciplinary symposium organized by Professor Voeneky for HRP in 2016, authors’ perspectives draw from philosophy, history, and legal theory. Their contributions explore the role of human rights, democracy, and legitimacy in addressing such problems as economic inequality, access to health care, mass migration, and the catastrophic risks posed by new technologies.
“Which conceptions of rights can help us find legitimate solutions to the new challenges that social and technological change are raising? That is the urgent question that we gathered to debate,” said Neuman.
Professor Neuman authored a chapter on “Human Rights, Treaties, and International Legitimacy,” and HRP Co-Director and Clinical Professor of Law Tyler R. Giannini contributed a chapter on, “Political Legitimacy and Private Governance of Human Rights: Community-Business Social Contracts and Constitutional Moments,” which examines how to maximize human rights protection in situations where a functioning State is largely absent.
Additional contributions come from notable academics, such as Samuel Moyn, Professor of Law and History at Yale University; I. Glenn Cohen, James A. Attwood and Leslie Williams Professor of Law at HLS; Matthias Risse, Professor of Public Policy and Philosophy at the Harvard Kennedy School; and Iris Goldner Lang, Jean Monnet Professor of EU Law and UNESCO Chair on Free Movement of People, Migration and Inter-cultural Dialogue at the University of Zagreb Faculty of Law.
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