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August 29, 2019
By Elaine McArdle
Paras Shah’s approach to human rights centers on inclusion. In his four terms with the International Human Rights Clinic, Shah has encouraged an international coalition to ban killer robots to integrate diverse perspectives into its campaign, and collaborated with grassroots activists to counter hate speech and de-escalate ethnic and religious ultra-national rhetoric in Myanmar. As a student in the Advanced Skills Training in Strategic Human Rights Advocacy seminar, Shah and two other classmates also designed and led a workshop to increase student leadership, promote self-care, and build bridges between the Clinic and other programs at the Law School.
“I was born legally blind and grew up in the U.S., where the law has always played an important role in making sure I have equal opportunities like everyone else,” said Shah, who was previously the John Gardner Fellow at Human Rights Watch, where he focused on the rights of refugees with disabilities. “I want to use the law to create that kind of opportunity for other people.”
“Heed the Call: A Moral and Legal Imperative to Ban Killer Robots,” co-published by Human Rights Watch, is one of the most complex reports the Clinic has written, said Bonnie Docherty, associate director of Armed Conflict and Civilian Protection and lecturer on law in the IHRC. Shah was “an integral part of the team helping to build the case for why we need the ban.” His work was so outstanding during his first trip to Geneva, Switzerland that the Campaign to Stop Killer Robots invited Shah to return.
“Paras showed an intuitive understanding of and ability to articulate complicated issues,” said Docherty. “It was not just this, but his engagement with campaigners from all over the world, his enthusiasm for the work, his sense of humor, and his commitment to making the world a better place that made such an impression.”
Over J-term 2019, Shah and a team of three other students traveled with Yee Htun, lecturer on law and clinical instructor in the IHRC, to Myanmar and Thailand and met with religious leaders, women’s groups, and LGBTQ+ activists to test a workshop they had developed related to countering hate speech. “Paras rose to every challenge we faced. He was a sounding board and reliable interlocutor for new ideas,” said Htun. “He has the rare ability to think outside the box.”
In addition to his clinical work, Shah recently published an article in the Harvard Human Rights Journal about the use of deadly force against people with disabilities; he also writes for the prestigious national security blog Lawfare.
“The Clinic has been the most important thing I’ve done in law school,” said Shah. He said it sharpened his research skills, and taught him to consider the audience he wanted to reach and message he wanted to convey. “Although I frame an issue differently when briefing a diplomat in Geneva who is likely bound by instructions from her capital than when I discuss an idea with a grassroots activist who might have to later explain it to hundreds of other people in a specific local context, I always strive to understand their perspective and find common ground.”
For Shah, the Clinic was also a home and community. “The classmates I met became my close friends and the instructors became my mentors. I’m very grateful for the opportunity to contribute to issues I care about and make a small impact on people’s lives.”
Shah is going to be an associate at O’Melveny & Myers in Washington, D.C.
This profile is a preview of the 2018-2019 Human Rights Program Annual Report. You can also read this article on HLS Today’s website.
August 28, 2019
Victor Madrigal-Borloz, UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, will be resident at the Human Rights Program for the next 18 months as a Senior Visiting Researcher. He seeks multiple research assistants for the 2019-2020 year. Research may focus on conversion therapy and the relationship between the criminalization of LGBTI issues and sustainable development goals. RAs must be independent and self-motivated with excellent writing and research skills. Candidates must have a Harvard affiliation.
For consideration, please send a CV to Dana Walters at [email protected].
August 27, 2019
The International Human Rights Clinic is thrilled to welcome two new faces, and one familiar one, to our team this year. Two impressive human rights practitioners, Beatrice Lindstrom and Aminta Ossom JD ’09, have joined the International Human Rights Clinic as Clinical Instructors. Coming to us with an extensive background in accountability litigation and advocacy, Beatrice will split her time between supervising projects as a Clinical Instructor and overseeing the student practice organization HLS Advocates for Human Rights. Aminta arrives from the United Nations, where she previously supported the Subcommittee on Prevention of Torture and the Special Rapporteurs of the Human Rights Council as a Human Rights Officer. We are also pleased to welcome back Thomas Becker JD’08 as a Clinical Instructor. Becker was previously a Clinical Instructor during the 2018-2019 school year, where he worked on projects focused on accountability litigation and femicide in Bolivia, and he has played an integral role in the Clinic’s Mamani case for more than a decade.
Read more about Beatrice, Aminta, and Thomas below, and be sure to welcome them to HLS!
Beatrice Lindstrom is a Clinical Instructor in the Human Rights Program and the Supervising Attorney of Advocates for Human Rights. Her work focuses on accountability of transnational actors, obligations of international organizations, and access to remedies.
Prior to joining Harvard Law School, Lindstrom was the Legal Director of the Institute for Justice & Democracy in Haiti, an organization that works in partnership with Haitian lawyers to bring grassroots struggles for human rights to the international stage. For nearly a decade, her work has focused on path-breaking advocacy to secure accountability from the UN for causing a devastating cholera epidemic in Haiti. She was lead counsel in Georges v. United Nations, a class action lawsuit on behalf of those injured by cholera. For her work on the cholera case, she received the Recent Graduate Award from the NYU Law Alumni Association and the Zanmi Ayiti Award from the Haiti Solidarity Network of the Northeast.
Lindstrom has extensive experience advocating in the UN human rights system, lobbying governments, and speaking in the media. She has appeared regularly in the New York Times, BBC, and Al Jazeera English.
Lindstrom was previously an Adjunct Professor at Columbia University’s Institute for the Study of Human Rights and a Haiti country expert for Freedom House. She holds a JD from NYU School of Law, where she was a Root-Tilden-Kern public interest scholar, and a BA from Emory University.
Aminta Ossom is a Clinical Instructor at the International Human Rights Clinic. She focuses on equality, inclusion, and economic and social rights. She also has research interests in human rights diplomacy, the role of identity in advocacy, and symbioses between civil and human rights movements.
Ossom was previously a human rights officer at the United Nations, where she supported the Subcommittee on Prevention of Torture and the Special Rapporteurs of the Human Rights Council in fact-finding, advocacy and training in Africa, Latin America, Southeast Asia and Europe.
Before joining the UN, Ossom taught international human rights at Fordham Law School as a Crowley Fellow in International Human Rights and Adjunct Professor of Law. There she designed and led a field study examining barriers to education faced by persons with disabilities in Rwanda. She has also served as a supervising attorney for independent clinical and externship students.
After graduating from Harvard Law School in 2009, Ossom focused on transitional justice, including as a Satter Human Rights Fellow with Amnesty International in West Africa. While at HLS, she was a dedicated member of the International Human Rights Clinic. She holds a Masters in African Politics from SOAS, University of London, and a BA from the University of Oklahoma.
Thomas Becker is a Clinical Instructor in the International Human Rights Clinic. He is an attorney and activist who has spent most of the past decade working on human rights issues in Bolivia. As a student at Harvard Law School, he was the driving force behind launching Mamani v. Sanchez de Lozada, a lawsuit against Bolivia’s former president and defense minister for their role in the massacre of indigenous peasants. After graduating, he moved to Bolivia, where he has worked with the survivors for over a decade. Last spring, Becker and his co-counsel obtained a $10 million jury verdict for family members of those killed in “Black October,” marking the first time a living ex-president has been held accountable in a U.S. court for human rights violations. The verdict was overturned by a federal judge and is currently being appealed in the Eleventh Circuit of Appeals.
Becker’s human rights work has included investigating torture and disappearance of Adavasis in India, documenting war crimes in Lebanon, and serving as a nonviolent bodyguard for the Zapatista guerrillas in Chiapas, Mexico. When he is not practicing law, Becker is an award-winning musician and songwriter who has recorded with Grammy-winning producers and toured throughout the world as a drummer and guitarist.
August 23, 2019
Posted by Elaine McArdle
Between 2010 and 2014 in the eastern Democratic Republic of the Congo (DRC), rebels from the Nduma Defence of Congo (NDC) militia murdered, raped, and looted hundreds of civilians and forced children to become soldiers. In November 2018, the trial for war crimes and crimes against humanity against NDC’s militia leader Ntabo Ntaberi, who goes by the war name “Sheka,” commenced before the Operational Military Court of North Kivu.
As a 2018-2019 Satter Fellow in Human Rights, Anna Khalfaoui LL.M. ’17 spent the year in the DRC working with the American Bar Association Rule of Law Initiative (ABA ROLI) to assist survivors and their lawyers through the trial, acting as a liaison in support of the justice system.
“After nine years, to finally have a trial that looks at these incidents is so important,” said Khalfaoui, a British-trained French attorney who chose Harvard Law School for its human rights training. “Being part of the team supporting survivors who’ve waited so long to tell their stories is an incredible learning opportunity.”
Khalfaoui also assisted survivors and their lawyers in the historic trial of militia leader Marcel Habarugira Rangira. With the support of a coalition of local and international actors, including ABA ROLI, Habarugira was convicted in February 2019 of the war crimes of rape and of conscription, enlistment and use of children as soldiers. The conviction for conscripting and using child soldiers was notably the first such conviction in the DRC.
These cases are very challenging, Khalfaoui noted, explaining that there is tremendous pressure on survivors to recant their stories. Diverse actors, from the military justice and local organizations, to NGOs like ABA ROLI and the UN peacekeeping forces in the DRC have worked together to make these trials possible. They are nevertheless expensive, often lengthy, and incredibly complex. Given the instability and insecurity in Eastern DRC, these trials face critical challenges from the lack of an effective investigative and prosecutorial strategy to difficulties providing protection for the survivors and witnesses.
Still, Khalfaoui is determined to continue working on these important issues. “I think it’s become clearer as I work on this trial that I’m more and more interested in doing direct legal work with people who are affected by human rights violations,” she said. During her fellowship, Khalfaoui is also supporting ABA ROLI’s early warning system for preventing atrocities, which allows people to alert security forces when there are signs of impending violence against civilian populations. The system, which is also being used in response to an Ebola breakout, is being expanded to new zones in Eastern DRC and to include conflict prevention activities to reduce community conflict.
After the fellowship, Khalfaoui plans to continue working on international human rights and international humanitarian law litigation.
The Satter Human Rights Fellowship is designed to support and promote human rights defense in response to mass atrocities. The fellowship is made possible by a generous gift from Muneer A. Satter J.D./M.B.A.’87. This profile is a preview of the 2018-2019 Human Rights Program Annual Report, which will be available soon on the HRP blog. You can also read this post on the HLS Today website.
August 23, 2019
By Jillian Rafferty JD ’20
The disarmament season in Geneva begins in earnest this month with diplomatic meetings on killer robots, the arms trade, and cluster munitions. To provide a frame for these discussions, Harvard Law School’s Armed Conflict and Civilian Protection Initiative (ACCPI) and the Geneva Disarmament Platform (GDP) recently organized a humanitarian disarmament workshop for diplomats.
The event, which was held last week, aimed to raise awareness and increase understanding of humanitarian disarmament. This approach to governing weapons seeks to reduce arms-inflicted human and environmental harm through the establishment and implementation of norms. Representatives from about two dozen national missions in Geneva participated.
At the workshop, the ACCPI and PAX released a jointly published brochure that examines this cross-cutting approach to disarmament and introduces key arms-related issues to which it has been applied. A new tool for diplomats and campaigners, the brochure also provides a definition of humanitarian disarmament, a timeline, list of key players, and selected resources.
The workshop opened with an examination of the history, definition, and characteristics of humanitarian disarmament, distinguishing this people-centered approach from more traditional, security-focused framings of disarmament. The first session also addressed the effectiveness of humanitarian disarmament and ways in which diplomats can use it to advance their disarmament agendas. Maricela Muñoz, from the Permanent Mission of Costa Rica, guided the discussion with:
-John Borrie, UN Institute for Disarmament Research (UNIDIR);
-Bonnie Docherty, ACCPI; and,
-Wen Zhou, International Committee of the Red Cross (ICRC).
Setting aside their national positions, participants then engaged in a simulation. In small groups, diplomats reviewed the security-focused disarmament language of mock statements and discussed how to reframe rhetoric and positions in humanitarian terms.
Other presenters discussed the inclusive nature of humanitarian disarmament, emphasizing the importance of partnerships among governments, international organizations, and civil society. The speakers highlighted the need for open communication and close collaboration across these sectors. Moderated by GDP’s Richard Lennane, the panel included:
-Austrian Ambassador Thomas Hajnoczi;
-Beatrice Fihn, International Campaign to Abolish Nuclear Weapons (ICAN); and,
-Hector Guerra, International Campaign to Ban Landmines-Cluster Munition Coalition (ICBL-CMC).
The workshop set the stage for the Geneva meetings on three disarmament issues that are frequently framed as humanitarian. This week, states parties to the Convention on Conventional Weapons discussed options for dealing with lethal autonomous weapons systems. Also known as killer robots, these systems raise serious humanitarian, moral, and accountability concerns because they would select and engage targets without meaningful human control.
Next, week, countries party to the Arms Trade Treaty will hold their fifth annual conference. The theme this year is gender and gender-based violence (GBV), and the conference president will seek agreement on recommendations for states parties to improve gender diversity, understand and address the gendered impact of the arms trade, and improve implementation of the GBV risk assessment mandate by the treaty.
Finally, during the first week of September, states parties to the Convention on Cluster Munitions will convene for their annual meeting. This treaty exemplifies humanitarian disarmament’s combination of prohibitions on the production, stockpiling, transfer, and use of problematic weapons and obligations to remediate the harm caused by past use.
August 22, 2019
As a Satter Fellow, Jenny Domino LL.M. ’18 focused on how social media policy limits one’s right to speak in the midst of democratic transition
By Elaine McArdle
After graduating from Harvard Law School, Jenny Domino LL.M. ’18 was awarded a Satter Human Rights Fellowship from the Human Rights Program for the 2018-2019 year. A lawyer from the Philippines, Domino spent her fellowship year with ARTICLE 19, a human rights organization focused on the defense and promotion of freedom of expression and information. Over the last year, she has worked to strengthen ARTICLE 19’s response to hate speech in Myanmar, specifically as it incites and provokes violence against the Rohingya community.
Among other things, Domino wrote a human rights-based report analyzing the sufficiency of Facebook’s responses to criticism that it had failed to moderate hate speech in a timely manner in Myanmar. Her report has significantly informed ARTICLE 19 Asia’s engagement with Facebook regarding its content moderation policies. She also organized a regional workshop in spring 2019 on hate speech on social media, bringing together human rights defenders from the ASEAN region to discuss common themes of disinformation, attacks on the press, and weak social media policy.
Facebook’s community standards are the same throughout the world, but a problem occurs when rules are enforced without sufficiently taking into account the geopolitical contexts in which such content is shared, said Domino. Throughout her career, Domino has dedicated herself to deepening the commitment to international human rights law in the Association of Southeast Asian Nations (ASEAN) region. In her home country of the Philippines, she led the Commission on Human Rights’ accountability project on the persons most responsible for the extrajudicial killings arising from President Rodrigo Duterte’s drug war. Her work proved useful in light of the International Criminal Court’s preliminary examination into whether these killings constitute crimes against humanity.
“When you enter a market and you don’t understand the political context of where you’re operating, that can be a problem,” she said. “The way certain speech is received or acted upon in one context—let’s say, the U.S. or the Netherlands—is different in a place like Myanmar or the Philippines. This distinction is more pronounced when the political context of a specific country involves atrocity crimes or systematic violence against civilians.”
The year has been “very meaningful for me,” said Domino, who will continue to specialize at the intersection of freedom of expression, corporate responsibility, and international human rights law, at the International Commission of Jurists, following her fellowship.
“I’ve learned a lot, not just in terms of substantive knowledge but the practical—and sometimes grim—aspects of working in the NGO scene. I am still trying to figure out through which capacity I can serve best, one where I can make the most impact as a lawyer. For now, I am content to have discovered a cause I deeply care about.”
The Satter Human Rights Fellowship is designed to support and promote human rights defense in response to mass atrocities. The fellowship is made possible by a generous gift from Muneer A. Satter J.D./M.B.A.’87. This profile is a preview of the 2018-2019 Human Rights Program Annual Report. This article was cross-posted to HLS Today’s website.
August 14, 2019
The Human Rights Program is pleased to welcome five exemplary human rights practitioners and scholars to Harvard Law School as 2019-2020 Visiting Fellows. Through its Visiting Fellows Program, HRP 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. Learn more about the program here and see below for details on the incoming cohort.
Adejoké Babington-Ashaye is the OPIA / HRP Wasserstein Fellow for the 2019-2020 year. She is a versatile lawyer with over sixteen years of experience in public international law, human rights, international criminal law and the judicial settlement of disputes. She is actively engaged in the provision of technical support and training for national prosecution and investigation of international crimes. Currently Senior Counsel at the World Bank, Babington-Ashaye has worked at the International Court of Justice on the settlement of state disputes and at the International Criminal Court as an investigator. Her background includes campaigning for the Protocol on the Rights of Women in Africa, investigating human rights violations in Nigeria’s Niger Delta region, and conducting human rights policy research at the Carr Center for Human Rights Policy. She is the co-editor and author of International Criminal Investigations: Law and Practice. Babington-Ashaye holds an LLB from the University of Buckingham and an LLM in Public International Law from the London School of Economics. She is a qualified Attorney in the State of New York.
At HRP, Babington-Ashaye will research the investigation and prosecution of conflict-related sexual violence as acts of terrorism.
Dr. Anton Burkov is the Chair of the Center of European Law and Strategic Litigation at the University of Humanities, as well as Director of the human rights NGO Sutyajnik. He has engaged in strategic litigation on a number of cases, including: Burkov v. Google (IT and privacy), Mikhaylova v. Russia (free legal aid), Sablina and Others v. Russia (secret organ harvesting), Korolevs v. Russia (rights of prisoners and their families to conjugal meetings, sex, and artificial insemination). He has authored numerous publications, including a chapter on, “The Use of European Human Rights Law in Russian Courts” in Russia and the European Court of Human Rights: The Strasbourg Effect (Eds. Lauri Mälksoo and Wolfgang Benedek, Cambridge University Press). He has received a fellowship from the Fulbright Visiting Scholars Program to be in residence at HRP for spring 2020.
At HRP, Dr. Burkov will be developing a curriculum on how to conduct strategic impact litigation.
Elena Dorothy Estrada-Tanck
Dorothy Estrada-Tanck is Assistant Professor of International Law and International Relations at the University of Murcia, Spain. She holds a PhD in Law from the European University Institute, an MSc in Political Theory from the London School of Economics, and an LLB from Escuela Libre de Derecho, Mexico City. In addition to her academic background, she has worked for the United Nations and state bodies and NGOs in Mexico, Italy, the U.S., and Spain. She focuses on issues of human rights, gender, and socio-economic justice. She is the author of Human Security and Human Rights under International Law: The Protections Offered to Persons Confronting Structural Vulnerability (Oxford: Hart Publishing, 2016).
At HRP, she will be carrying out research on indirect discrimination from a comparative perspective, with a focus on the UN and regional human rights systems, for a book on economic, social, and cultural rights, as well as on international law and new technologies.
Sandra Fahy is an associate professor of anthropology in the Faculty of Liberal Arts and the Graduate Program in Global Studies at Sophia University, Tokyo. She holds a PhD from SOAS University of London. She is the author of two books about human rights in North Korea. The first studies the subjective experience of famine survival: Marching through Suffering: Loss and Survival in North Korea (New York: Columbia University Press 2015). The second scrutinizes violations committed by the DPRK, domestically and internationally, and the state’s use of video technology to spread denial of rights abuse allegations: Dying for Rights: Putting North Korea’s Rights Abuses on the Record (New York: Columbia University Press 2019).
At HRP, she will be working on a book project about state perpetrators who use audiovisual technology to deny rights violations.
Dr. Rashad Ibadov is the Director of the Law Program at ADA University, Baku, Azerbaijan and a visiting professor of law at the Catholic University of Lille, France. Dr. Ibadov received his Doctor of Laws (LLD) from the European University Institute, Florence, Italy (2007–2013), LLM from Lund University, Sweden (2004–2006) and LLB from Khazar University, Baku, Azerbaijan (1999-2003). Dr. Ibadov has been a researcher at the Graduate Program of Harvard Law School (2009–2010) and a visiting scholar at UC, Berkeley (Spring 2009). His areas of research interests include law and religion, political and legal philosophy, constitutional law, citizenship and identity in the post-Soviet space.
At HRP, Rashad will be studying the question of how the post-Soviet Muslim-majority states should respond to the constitutional challenges raised by groups divided by religion or by conscience, and, through these responses, thereby promote democracy, political justice, religious harmony and prosperity.
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