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July 2, 2020
Humanitarian disarmament approach offers proven model for change
(July 2, 2020) — More than 155 organizations released a joint letter today stating that humanitarian disarmament can lead the way to an improved post-pandemic world.
Endorsed by global campaigns that have garnered two Nobel Peace Prizes and fostered the creation of four international treaties in the past 25 years, the letter argues that humanitarian disarmament’s proven human-centered approach should guide current and future efforts in dealing with the pandemic and advancing human security.
The letter’s signatories include local, national, regional, and international organizations from around the world. Disarmament, human rights, peace, faith, medical, student, development, and other groups have all endorsed the letter. The widespread support across campaigns underscores how seriously the humanitarian disarmament community views the letter’s call.
Humanitarian disarmament seeks to reduce the human suffering and environmental damage inflicted by arms. To advance its goals of preventing and remediating harm, money invested in unacceptable weapons would be better spent on humanitarian purposes, the letter says.Continue Reading…
July 1, 2020
UN Independent Expert Victor Madrigal-Borloz to provide overview of thematic report to UN Human Rights Council
This month, Victor Madrigal-Borloz, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity will present his report on the practices of so-called “conversion therapy” to the UN Human Rights Council. Shortly after, he will conduct two online sessions to elaborate on key findings of his report and engage in further conversation with all interested stakeholders. These events will take place via Zoom and be livestreamed to Facebook.
Check the starting time in your region and register at the time now to attend one of the sessions:
- July 09, 11:00 am EST / 05:00 pm CET: Launch in Spanish (with Portuguese interpretation)
- July 10, 11:00 am EST / 05:00 pm CET: Launch in English (with French interpretation)
The events will also feature UN representatives as guest speakers. After the presentations, there will be a Q&A (questions and answers) session with the audience for which participants will be able to submit questions to the moderator during the event.Continue Reading…
July 1, 2020
Posted by Dana Walters
A new volume “Human Rights in a Time of Populism” edited by Gerald L. Neuman ’80 brings together reflections from a range of experts on a growing trend in international politics since 2016, the electoral successes of right-wing populists. The Human Rights Program recently spoke with Professor Neuman about the book and how he sees the landscape changing for countries with populist leaders in the wake of the COVID-19 pandemic.
Neuman is the J. Sinclair Armstrong Professor of International, Foreign, and Comparative Law, and a Co-Director of the Human Rights Program at Harvard Law School. From 2011 to 2014, he was a member of the United Nations Human Rights Committee. The new volume is based on a 2018 HRP conference of the same name.
Human Rights Program: In 2018, you talked about the conference as providing a forum to discuss the rise of populism and its implications for international human rights. At the time, you defined populism as “a kind of politics that employs an exclusionary notion of the people—the ‘real people’—as opposed to disfavored groups that are unworthy, and whose will should not be constrained.” Does this definition still seem right to you in 2020?
Gerald L. Neuman: This “ideational” definition of populism (or exclusionary populism) still provides a useful guide to the current wave of populist threats to human rights. It comes from political science, which also offers other approaches to populism, but I find this definition identifies the salient category today. To me it has the benefit of distinguishing politicians who reject constraints from other politicians sometimes labeled populist who respect human rights, like Elizabeth Warren. However, a chapter in the book, by Douglas Johnson, [lecturer in public policy, Harvard Kennedy School], criticizes my choice and the negative view of populism that it involves. That disagreement illustrates the multifaceted character of the book.
HRP: At the conference, Peter Hall [Knapp Foundation Professor of European Studies at Harvard] spoke of how populist leaders in Western Europe preyed on an economic insecurity and a middle class fear of “being left behind.” How is this addressed in the book? Given the global economic downturn we are facing, are you worried that we may see another increase in populism across the world?Continue Reading…
June 30, 2020
Rights experts call on UN to provide remedy to victims of Haitian cholera epidemic
(June 30, 2020) — The United Nations (UN) published two previously embargoed letters from fourteen UN independent rights experts on Saturday, calling on the organization to deliver overdue remedies to victims of cholera in Haiti. Addressed to Secretary-General António Guterres and the Haitian government, the letters respond to a complaint submitted by the International Human Rights Clinic, the Haiti-based human rights law firm Bureau des Avocats Internationaux (BAI), and its U.S.-based partner organization, the Institute for Justice & Democracy in Haiti (IJDH) in January.
The experts’ letters adopts the Clinic’s arguments that the UN’s approach following its public apology in 2016 amount to violations of the right to effective remedy. The experts found “glaring limitations” in the UN’s approach, including that the UN has failed to pay any compensation and that its subsequent underfunded effort has amounted to little more than a spate of symbolic development projects. They stressed that “the continued denial of effective remedies to the victims is not only a violation of their human right to an effective remedy, but also a grave breach of public confidence in the Organization’s integrity and legitimacy.” The letters conclude that a “fundamental shift in approach is necessary if the Organization is to uphold the respect for human rights and rule of law.”
Beatrice Lindstrom, Clinical Instructor in the International Human Rights Clinic at Harvard Law School, led a clinical student team in working on the January complaint. She was recently interviewed by Harvard Law Today, diving into her nearly-decade long advocacy on behalf of Haitian cholera victims. The interview explores the UN’s failure to adequately respond to the epidemic and provide appropriate reparations to victims.
As Lindstrom says in the Q&A, “In the absence of an independent mechanism to determine responsibility, the decision becomes a political one driven by the self-interests of powerful member states and officials within the UN bureaucracy. I think there have always been people within the U.N. who have wanted to see the organization do the right thing in Haiti, but without adequate leadership from the Secretary-General, the forces pushing for inaction have prevailed.”
June 25, 2020
In Q&A, Beatrice Lindstrom calls for international human rights organization to deliver remedies to cholera victims
In 2010, United Nations (U.N.) peacekeepers caused a devastating cholera outbreak in Haiti. Nearly a decade later and with COVID-19 threatening an already fragile situation, affected communities are still waiting for access to remedy. Beatrice Lindstrom, clinical instructor and supervising attorney in Harvard Law School’s International Human Rights Clinic, has been working for nearly a decade on pathbreaking advocacy to secure accountability from the U.N. for the destruction it caused. Lindstrom was lead counsel in Georges v. United Nations, a class action lawsuit on behalf of those injured by cholera. Prior to joining Harvard Law School, Lindstrom was the legal director of the Institute for Justice & Democracy in Haiti.
Harvard Law Today: How and why did the 2010 cholera outbreak begin in Haiti?
Beatrice Lindstrom: Cholera was introduced to Haiti when the U.N. deployed peacekeepers from Nepal—which was experiencing a cholera outbreak—without testing or treating them for the disease. The peacekeepers were stationed on a base in rural Haiti that had reckless waste disposal practices. Untreated waste from the base’s toilets was routinely dumped into unprotected open-air pits that overflowed into the surrounding community and into a nearby tributary. That tributary feeds into the Artibonite River, the primary water source for tens of thousands of Haitians. The resulting outbreak is the deadliest cholera epidemic in the world: At least 10,000 people have died and approximately one million people have been sickened since 2010. To put it in context, the number of cholera infections per capita in Haiti still exceeds the COVID-19 infection rate in any nation.
HLT: How has the United Nations responded?
Lindstrom: Despite scientific consensus that the U.N. base was the source of the outbreak, the U.N. denied responsibility for six years and refused victims access to any forum to hear claims for remedies. The U.N. enjoys broad immunity, but is required to settle claims by civilians out of court. In 2011, the Haitian human rights organization Bureau des Avocats Internationaux (BAI) and its U.S.-based partner Institute for Justice & Democracy in Haiti (IJDH), where I then worked, filed claims on behalf of 5,000 victims. The U.N. rejected the claims without offering any legal justification, and has refused to refer the claims to an independent claims commission as required under international agreements. The U.N.’s own Special Rapporteur on extreme poverty and human rights called the U.N.’s response “morally unconscionable, legally indefensible, and politically self-defeating.”
It took an extraordinary mobilization of cholera-affected communities and allies in Haiti and abroad to persuade the U.N. to shift course. In 2016, the Secretary-General finally issued a public apology and launched a $400 million “New approach to cholera in Haiti.” But over three years later, the U.N. has raised only 5% of the $400 million promised, and has not paid any compensation to victims. Despite initially pledging to center victims in decision-making, critical decisions about the direction and content of the New Approach have been made without victim input. These deficiencies stem from the U.N.’s continued denial of legal responsibility for the outbreak, which would trigger funding through assessed contributions from its member states and ensure that responsibility is shared collectively across the organization. Instead, remedies for cholera victims is treated as charity and left to compete with other humanitarian causes.
HLT: Why do you think the U.N. has been reluctant to accept responsibility?
Lindstrom: In the absence of an independent mechanism to determine responsibility, the decision becomes a political one driven by the self-interests of powerful member states and officials within the U.N. bureaucracy. I think there have always been people within the U.N. who have wanted to see the organization do the right thing in Haiti, but without adequate leadership from the Secretary-General, the forces pushing for inaction have prevailed. The U.N.’s Legal Counsel has reportedly waged “an extraordinary internal campaign” against anything that would resemble an acceptance of responsibility. Lawyers are often concerned about setting precedent, but here there is consensus among legal experts that the claim falls within the U.N.’s existing duty to compensate for “private law” claims, so the only precedent set would be one of compliance. If the concern is that it would in practice invite claims in other contexts, this implies that the U.N. anticipates many other situations where civilians will be harmed by U.N. negligence. Others resist accepting responsibility because of the financial implications. The $400 million that the U.N. is now seeking for cholera, however, is only a fraction of the $4 billion that it has spent on its stabilization mission in Haiti since the outbreak started. And as governments are now rightly investing trillions of dollars in financial support for households impacted by COVID-19, it is increasingly clear that more could be done for cholera victims if the political will was there.Continue Reading…
June 24, 2020
The Human Rights Program (HRP) is pleased to present its 2020-2021 Post-Graduate Fellowship cohort. This year, we have awarded Satter and Henigson Fellowships to six remarkable 2020 Harvard Law School (HLS) graduates: Fabiola Alvelais JD’20, Pavani Nagaraja Bhat LLM’20, Niku Jafarnia JD/MPP’20, Ji Yoon Kang JD’20, Delphine Rodrik JD’20, and Rupali Samuel LLM’20.
HRP’s post-graduate fellowships are designed to help launch the careers of students who have demonstrated great promise as advocates while at HLS. This year’s students are graduating into a world altered by the spread of the novel coronavirus. Many of them will begin their fellowships working remotely. As the pandemic exacerbates conditions for the most vulnerable, HRP is more committed than ever to supporting the careers of young professionals devoted to international human rights and social justice. Learn more about the new fellows and their projects below.Continue Reading…
June 8, 2020
Families of George Floyd, Breonna Taylor, Michael Brown, and Philando Castile Join Forces with Over 600 Groups from Over 60 Countries Calling For International Scrutiny
GENEVA — In an unprecedented move, the families of George Floyd, Breonna Taylor, Michael Brown, and Philando Castile, together with over 600 rights groups led by the American Civil Liberties Union and U.S. Human Rights Network, are demanding the United Nations Human Rights Council swiftly convene a special session to investigate the escalating situation of police violence and repression of protests in the United States. Additional signatories include Black Lives Matter and the NAACP.
“Mamie Till Mobley made a decision to open the casket of her son Emmett Till so the world could see the atrocities Black people faced in America. I want people across the world and the leaders in the United Nations to see the video of my brother George Floyd, to listen to his cry for help, and I want them to answer his cry,” said Philonise Floyd, brother of George Floyd. “I appeal to the United Nations to help him. Help me. Help us. Help Black men and women in America.”
The groups warn of an “unfolding grave human rights crisis” in the United States and write that the recent police killings of unarmed Black people as well as police use of excessive force and repression of protests violate United States obligations under international law. They call on the U.N. to mandate an independent inquiry into the killings and violent law enforcement responses to protests, including the attacks against protesters and journalists. The letter also calls for a U.N. investigation into the firing of tear gas by President Trump in violation of international standards on the use of force.
The United Nations Human Rights Council is the world’s highest multilateral human rights body. It is mandated to strengthen the global promotion and protection of human rights, and to address human rights violations. The council may hold special sessions to address human rights violations and emergencies if at least one-third of its member states demand.Continue Reading…
June 3, 2020
Posted by the International Human Rights Clinic, Harvard Law School
Human dignity, equality, and freedom from discrimination are at the heart of human rights. We in the International Human Rights Clinic have been outraged by the unacceptable killings of George Floyd, Breonna Taylor, Ahmaud Arbery, and so many others. We condemn the systemic racism, violence, and impunity that enable this tragic loss of life and violate the human rights of Black people.
We also condemn the government’s violent repression of protestors and journalists across the country. The excessive use of force and attacks on freedom of expression must end.
Black lives matter. We stand in solidarity with those who are leading the fight for racial justice. We all have a role to play in creating a more just and equitable society, and we urge our community to take action.
June 2, 2020
Strong Political Declaration Will Save Lives
(Washington, DC, June 2, 2020) – Countries should heed the United Nations secretary-general’s call for a new political declaration to protect civilians from the bombing and shelling of cities and towns, the International Human Rights Clinic said in a joint report on the subject with Human Rights Watch.
The 11-page document addresses the importance of a political commitment and elaborates on what it should contain. The use of explosive weapons in populated areas has inflicted immediate and long-term suffering on civilians in Syria, Libya, Yemen, and other areas of recent conflict.
“Countries should agree to a political declaration to prevent the foreseeable human suffering caused by the use of explosive weapons with wide-area effects in populated areas,” said Bonnie Docherty, the Clinic’s associate director of armed conflict and civilian protection. “The declaration should establish that this method of war is unacceptable. Civilian lives are at stake.”
In his annual report on the “Protection of Civilians in Armed Conflict,” which he presented to the UN Security Council last week, Secretary-General António Guterres highlighted the “fundamental need” for a new political declaration. It should commit countries to avoid using explosive weapons with wide-area effects in populated areas, he wrote.Continue Reading…
May 28, 2020
Posted by Susan Farbstein and Tyler Giannini
We celebrate you today, all that you have achieved, and all that lies ahead. Of course, none of us expected your law school careers would end this way. Each of you lost precious time on campus and long-anticipated moments of camaraderie and celebration during your last term when the coronavirus pandemic forced the law school online. While there is no substitute for the in-person ceremony that you earned and deserve, the fact that we are celebrating remotely does not detract from your accomplishments and the relationships you have built — of which there are many!
In our Clinic, you have worked to address some of the most pressing and complex human rights issues that we face: climate change, socio-economic inequality, women’s leadership, accountability for gross human rights violations in Haiti, Myanmar, Bolivia, and Colombia, and preventing harms from the arms trade, killer robots, incendiary weapons, and explosive weapons, to name but a few. You have proven yourselves to be tireless and collaborative advocates, and we have been dazzled by your talents and your dedication more times that we can count.
The coronavirus has hit close to home for many of us. Some have lost a loved one, or nursed a family member fighting the disease, or been affected by the pandemic’s severe economic impact. Others have supported family members working on the frontlines or watched as their communities have struggled to formulate a response to this crisis. We have seen you respond to these adversities — just as you have faced other challenges — with grit and grace. You have shown compassion, kindness, and empathy towards your peers and the communities that we work with; you have come together, leaning on each other and the deep bonds you have built, to seek and offer support; you have modeled flexibility and creativity in finding new ways to learn and live; you have shown resilience and courage in the face of uncertainty and adversity that many of us have not previously known. These traits will serve you well not only as we respond to this pandemic, but throughout your lives and your careers.
We feel so grateful for the time that we have spent together, and will hold close the memories of working, laughing, and learning with you. We wish you long and meaningful careers. Even more importantly, we wish you lives enriched by friendship and filled with happiness. It has been an honor to watch you grow as advocates and as people, and to serve as your teachers, mentors, and now as your colleagues. We are incredibly proud of you.
Congratulations to the Class of 2020!
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