Blog: Press Releases

November 9, 2020

Incendiary Weapons: Human Cost Demands Stronger Law

Clinic, HRW Argue Legal Loopholes Must Close to Prevent Further Civilian Suffering

(Geneva) – The horrific burns and life-long suffering caused by incendiary weapons demand that governments urgently revise existing treaty standards, Human Rights Watch and Harvard Law School’s International Human Rights Clinic said in a report jointly published today.

The 45-page report, “‘They Burn Through Everything’: The Human Cost of Incendiary Weapons and the Limits of International Law,” details the immediate injuries and lasting physical, psychological, and socioeconomic harm of incendiary weapons, including white phosphorus, used by parties to recent conflicts. Countries should revisit and strengthen the international treaty governing these weapons, which burn people and set civilian structures and property on fire, Human Rights Watch concluded.

“While victims endure the cruel effects of incendiary weapons, countries endlessly debate whether even to hold formal discussions on the weapons,” said Bonnie Docherty, senior arms researcher at Human Rights Watch and associate director of armed conflict and civilian protection at the International Human Rights Clinic. “Countries should recognize the long-term suffering of survivors by addressing the shortcomings of existing international law.”

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November 4, 2020

Sexual Orientation and Gender Identity UN Mandate: Virtual Consultation on 2021-2023 Work-Plan

Individuals sit around a U-shaped conference table speaking.

The UN Independent Expert on protection against violence and discrimination based on Sexual Orientation and Gender Identity (IE SOGI) will convene an open consultation with State and non-State stakeholders to consolidate the mandate’s approaches and priorities for the remainder of the IE SOGI’s tenure. This consultation will serve as the main channel through which the IE SOGI will collect views and inputs to inform the preparation of his work plan for 2021-2023.

The consultation will start with a general segment during which the IE SOGI will introduce his draft work plan. Thereafter, participants will be invited to present their views and provide inputs to the discussion.

The online consultation will take place through the Zoom platform, on Friday, November 20 at 15:00 – 18:00 (CET) / 09:00 – 12:00 (EST). Registration is required to attend the meeting.

Guiding Questions for the Consultation:

The following questions may guide contributions from participants at the consultation:

  1. Are the narratives of impact depicted in the document an adequate portrayal of the mandate’s added value?

  2. Does the document include all necessary dimensions, principles and approaches necessary to ensure an intersectional, balanced and inclusive programme for the mandate?

  3. Are the thematic priorities identified in the document duly reflective of the best added value by the mandate to all stakeholders in their work of addressing violence and discrimination based on SOGI?

  4. As currently planned, are the activities and products an adequate response to the needs of stakeholders? Should different activities and products be considered?

  5. The document includes certain commitments of interacting with global processes (v.g., Beijing + 20). Are there any other global, regional, or local processes the interaction with which should be included in the document as well?

The consultation will be open to States, UN agencies, programmes and funds, regional human rights mechanisms, National Human Rights Institutions, members of civil society organizations, academic institutions, corporate entities, and all other interested stakeholders. The consultation will be held in English.

Read the Draft Work Plan under consultation at this link.

Register now to attend the virtual consultation!

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October 29, 2020

The impact of COVID-19 on LGBT persons: online launch

UN Independent Expert Victor Madrigal-Borloz to provide public highlights from report to UN General Assembly

Six individuals of different races and ethnicities and genders wearing different colors are presented illustratively in a circle wearing masks.

Please scroll down for translation into French, Spanish, and Portuguese.

Victor Madrigal-Borloz, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (IE SOGI), presented his report on the impact of COVID-19 on LGBT persons to the UN General Assembly on Oct. 29, 2020.

On November 10 in a public webinar, he will present key findings of his report and engage in further conversation with all interested stakeholders on how to respond and recover from the pandemic. The event will take place on Zoom and be livestreamed to the IE SOGI’s Facebook page.

Check the starting time in your region and register now to attend one of the sessions:

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 through the moderator during the event.

Background:

This year, humankind faces an unprecedented global challenge, as the COVID-19 pandemic has exacerbated pre-existing inequalities prevalent in all regions of the world. Since March, the IE SOGI has conducted extensive research and consultations with over 1,000 individuals from more than 100 countries, which led to the conclusion that COVID-19 has a disproportionate impact on LGBT persons. During the event, he will present his key findings and discuss his recommendations to ensure that response and recovery from the pandemic adequately address the needs of LGBT persons, as we all aspire to build a better world.

You can download a summary of the report and the full report at the linked text below:

Disclaimer:

The mandate of the Independent Expert supports freedom of expression and opinion of the widest variety within a frame of mutual respect during its events. The mandate of the Independent Expert has a policy of zero tolerance for hate speech: a dedicated team will monitor comments and questions raised during the event. Hate speech will be filtered and participants responsible for it will be removed from the session.

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October 20, 2020

Killer Robots: Precedent for a Ban Treaty


Shared Concerns, Desire for Human Control Should Spur Regulation

A symbolic illustration of a man warding off a missile coming from a  person's mind.
(C) 2020 Brian Stauffer for Human Rights Watch.

(Washington, DC, October 20, 2020) – A treaty to ban fully autonomous weapons, or “killer robots,” is essential and achievable, the International Human Rights Clinic said in a report released today.

The 25-page report, “New Weapons, Proven Precedent: Elements of and Models for a Treaty on Killer Robots,” outlines key elements for a future treaty to maintain meaningful human control over the use of force and prohibit weapons systems that operate without such control. It should consist of both positive obligations and prohibitions as well as elaborate on the components of “meaningful human control.”

“International law was written for humans, not machines, and needs to be strengthened to retain meaningful human control over the use of force,” said Bonnie Docherty, associate director of armed conflict and civilian protection in the International Human Rights Clinic at Harvard Law School. “A new international treaty is the only effective way to prevent the delegation of life-and-death decisions to machines.”

The report was co-published with Human Rights Watch, for which Docherty is senior arms researcher. HRW coordinates the Campaign to Stop Killer Robots.

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October 7, 2020

Myanmar Must Tackle Hate Speech Ahead of 2020 General Elections

One month ahead of Myanmar’s general elections, a new report deep dives into root causes of hate speech and its effect on civil society space in Myanmar

For Immediate Release

(Yangon, 8 October 2020) — Myanmar must tackle the root causes of hate speech and address impunity of perpetrators, while ensuring that measures to combat hate speech is in line with international human rights standards with robust and inclusive participation of civil society, said 19 organizations in a report published today. The immediate implementation of these calls is vital ahead of the November 2020 general elections, which has already seen the erosion of the rights of ethnic and religious minorities throughout Myanmar.

“Institutionalized hate speech in Myanmar has long been systematically disseminated by powerful actors including the military, government, ultranationalists and other maligned actors. They benefit from the constructed narratives of hate and from the division and conflict it creates in society. Hate speech also contributes to a climate where impunity for human rights violations goes unaddressed. Hate speech is already being deployed as part of campaign strategies leading up to the November 2020 general elections. Such campaigns must immediately be denounced and countered by the government and the Union Election Commission to ensure a free and fair election,” said Moe Thway, President of Generation Wave

The new joint report, “Hate Speech Ignited: Understanding Hate Speech in Myanmar, documents and extensively analyzes the role that hate speech, rampant misinformation campaigns, and ultranationalism have played in the resurgence of oppression and human rights violations in Myanmar and highlights the new alignment of the government and military in the proliferation of hate speech. In analyzing the trends and patterns of hate speech in Myanmar, the report identifies a number of mutually reinforcing constructed narratives aimed at advancing Buddhist-Burman dominance at the expense of ethnic and religious minorities in the country.

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October 7, 2020

Preventing Conflict-Related Sexual Violence in Detention Settings

Red report cover with heading, "Preventing Conflict-Related Sexual Violence in Detention Settings: Principles and Commentary." There is a picture of a yellow illustrated prison and the report is by IHRC and All Survivors Project.

October 7, 2020 — Today, the International Human Rights Clinic and the All Survivors Project launched, “Preventing Conflict-Related Sexual Violence in Detention Settings: Principles and Commentary.” The Principles draw from existing international law – primarily international human rights law and international humanitarian law – as well as authoritative guidance to bring together in a single instrument ten key international principles to prevent and respond to conflict-related sexual violence, applicable to all persons deprived of their liberty in armed conflict. Each principle is accompanied by commentary on its sources and content.

In Spring 2020, Clinic students Yanitra Kumaraguru LLM ’20, Zac Smith JD ’21, and Amanda Odasz JD ’21 worked under the supervision of Anna Crowe LLM’12, the Clinic’s Assistant Director, to research and draft the principles and commentary. They were significantly aided by research conducted by Clinic students Terry Flyte LLM ’19 and Radhika Kapoor LLM ’19, who worked under the supervision of Crowe and Emily Keehn, formerly the Associate Director of the Academic Program of the Human Rights Program.

September 28, 2020

Litigating Identity Systems Guide

The cover of the report h

Last week, Privacy International, a longstanding International Human Rights Clinic partner, published “A Guide to Litigating Identity Systems,” which draws on comparative research students Maithili Pai LLM ’20 and Spencer Bateman JD ’20 undertook with the Clinic’s Assistant Director, Anna Crowe LLM’12, last academic year on the human rights implications of national identity systems — data-intensive government programs that link each individuals’ identity with a card or number.

As the guide notes, public discussion on national identity systems has mostly focused on their perceived benefits, which “limits the extent to which groups and individuals concerned about the human rights impact of identity systems can organize around strong arguments challenging those systems, in whole or part.” The guide “seeks to fill that gap by providing a clear, centralised source of the arguments advanced in and discussed by national courts that discuss the negative implications of identity systems, particularly on human rights. It gives advocates a tool for developing arguments in any given national context challenging an identity system, informing debate from a human rights perspective, and further building the repertoire of arguments that can be advanced in the future.”

You can read the guide and learn more about it on Privacy International’s website.

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August 19, 2020

Clinic Urges U.N. Experts to Review Bolivian Rights Violations


La Clínica insta a expertos de la ONU a que evalúen violaciones de derechos humanos en Bolivia (La versión en español está abajo).


(August 19, 2020) —United Nations (U.N.) Special Rapporteurs must urgently review the human rights situation in Bolivia, Harvard Law School’s International Human Rights Clinic said in a submission to the U.N. Special Procedure system today. Widespread rights violations have been documented in Bolivia since the disputed October 2019 election, and there are grave concerns that ongoing repression will prevent upcoming elections from being free and fair.

The submission documents events since Jeanine Áñez declared an interim government on November 12, 2019. It details the killing of civilians in Sacaba and Senkata in November of last year, failures to investigate and punish those responsible, as well as state forces’ and para-state groups’ efforts to suppress dissent. The urgent need for international scrutiny was brought home this week as protests grew in response to the government decision to postpone elections again until October. News sources have reported a growing crisis in Bolivia as protests have renewed and fears of another violent crackdown intensify. The Clinic urges the U.N. rights experts to work with the Bolivian government to uphold international obligations, restore the rights owed to its citizens, and hold the fair and free elections they have promised to the Bolivian people.

“Given what I witnessed in Sacaba last November where Indigenous civilians were shot and killed by state forces, the rhetoric of the current government in response to the resumption of mass protests is extremely worrying,” said Thomas Becker JD’08 on behalf of the International Human Rights Clinic. “The people of Bolivia have the right to protest, and the international community needs to act to do all it can to prevent a repeat of last year’s violent crackdown and those horrific killings.”

The submission is a request to the U.N. Special Procedure system, which is comprised of U.N.-appointed human rights experts who are charged with reporting and advising on human rights issues worldwide. The submission builds on a recently released report from the International Human Rights Clinic and the University Network for Human Rights, which identified the period since November 2019 as one of the deadliest and most repressive periods in the past several decades in Bolivia. Over a period of six months, a Clinic team interviewed over 200 victims, witnesses, journalists, and officials. It further analyzed medical reports, autopsies, photographs, and other official documents. The report, entitled “‘They Shot Us Like Animals’: Black November and Bolivia’s Interim Government,” details how the interim government has created a climate of oppression, rife with violence, fear, and misinformation. In addition, the submission to the U.N. states, “State forces have blocked attempts to investigate and prosecute the November attacks, leading to de facto impunity to date for those responsible.”

“The current atmosphere of impunity has created an environment that is dangerous to anyone who dissents,” said Celeste Kmiotek JD’20, a Harvard Law graduate who led the drafting of the submission. “It is critical that Bolivia address the human rights abuses ahead of the upcoming elections so that they are truly fair. The Special Rapporteurs should should engage with the interim government to put an end to these violations.”

Kmiotek coordinated research and writing from other clinical teams members, including Matthew Farrell JD’21, Jasmine Shin JD’21, Sabrina Singh JD’20, Mahmood Serewel LLM’20 with supervision from Becker and Tyler Giannini, Human Rights Program and International Human Rights Clinic Co-Director.

The submission comes on the heels of a recent victory against impunity for former heads of states’ crimes against Indigenous peoples in Bolivia. On August 3, the U.S. Court of Appeals for the Eleventh Circuit vacated a trial court judgment that had been entered in favor of Bolivia’s former president, Gonzalo Sánchez de Lozada, and former defense minister, José Carlos Sánchez Berzaín, for the massacre of unarmed Indigenous people in 2003 in what is known as “Black October.” The Clinic has been litigating the case, Mamani et al. v. Sánchez de Lozada and Sánchez Berzaín, for over a decade.

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August 5, 2020

Families, Civil Society Orgs Endorse Letter on Police Violence to UN High Commissioner for Human Rights


On August 3, 2020, 143 families of victims of police violence and over 360 civil society organizations endorsed a letter to the UN High Commissioner for Human Rights regarding the implementation of the recent Human Rights Council Resolution (A/HRC/43/L.50) adopted on June 19, 2020. This resolution followed an Urgent Debate “on current racially inspired human rights violations, systemic racism, police brutality and violence against peaceful protests.” The letter was spearheaded by the ACLU and the US Human Rights Network, with the International Human Rights Clinic at Harvard Law School, along with human rights clinics at the University of Chicago and Duke University, as well as NGOS around the world, signing on.

Addressed to H.E. Michelle Bachelet, the letter says:

“As you know, the resolution has mandated your office, with the assistance of relevant Special Mandate Holders, ‘to prepare a report on systemic racism, violations of international human rights law against Africans and people of African descent by law enforcement agencies, especially those incidents that resulted in the death of George Floyd and other Africans and of people of African descent, to contribute to accountability and redress for victims.’ The resolution has also requested that your office ‘examine government responses to antiracism peaceful process peaceful protests, including the alleged use of excessive force against protesters, bystanders and journalists.’ In addition, the resolution also requested that the High Commissioner ‘include updates on police brutality against Africans and people of African descent in all her oral updates to the Council.’

While we were disappointed that the Council adopted a watered-down resolution due to enormous diplomatic pressure from the United States and other allied countries, we consider the outcome of the urgent debate a crucial first step towards full accountability for systemic police violence against Black people in the United States and more generally against people of African descent around the world. “

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August 3, 2020

U.S. Appeals Court Rules Against Former Bolivian President and Defense Minister Over 2003 Massacre


August 3, 2020, Miami – Today, the U.S. Court of Appeals for the Eleventh Circuit vacated a trial court judgment that had been entered in favor of Bolivia’s former president, Gonzalo Sánchez de Lozada, and former defense minister, José Carlos Sánchez Berzaín, for the massacre of unarmed Indigenous people in 2003. A jury found the former officials liable under the Torture Victims Protection Act (TVPA) and awarded plaintiffs $10 million in damages in April 2018, after a month-long trial that included six days of deliberations. The trial marked the first time in U.S. history that a former head of state sat before his accusers in a U.S. human rights trial. In an unusual move, a month later the trial court set aside the jury verdict and entered its own judgment holding the defendants not liable based on insufficient evidence. In November 2019, two of the plaintiffs, whose young daughter had been killed by soldiers in the massacre, traveled to Miami to have their appeal heard. Today, the Court of Appeals vacated the district court’s judgment and remanded the case to the district court for further proceedings. In addition, the Court of Appeals held that plaintiffs were entitled to a new trial on related wrongful-death claims because the district court had abused its discretion in admitting certain evidence that was favorable to the defendants.

“This is such wonderful news,” said Sonia Espejo, whose husband Lucio was killed in the 2003 Massacre. “We have fought for so long. We will continue fighting, but for today, I feel happy. I feel calm.” 

The appellate court held that plaintiffs provided sufficient evidence that “soldiers deliberately fired deadly shots with measured awareness that they would mortally wound civilians who posed no risk of danger. None of the decedents were armed, nor was there evidence that they posed a threat to the soldiers. Many were shot while they were inside a home or in a building. Others were shot while they were hiding or fleeing.”

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