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June 3, 2021

Human Rights Workshops Explore Indirect Discrimination

Posted by Dana Walters

In Panama, Peru, and Colombia, gender-based quarantine schedules created a culture of fear and risk for transgender individuals. With men allowed out of the house on certain days of the week and women others, gender-diverse persons faced an increased threat of persecution and discrimination by the state and the public. Human Rights Watch and the Inter-American Commission on Human Rights were but some of the groups to note alarm. Just a few months after they were enacted, many of these laws were wiped from the books.   

These gendered pandemic measures were an example of the practices and laws up for discussion at a February workshop hosted by the Human Rights Program (HRP) at Harvard Law School. The event, which focused on indirect discrimination resulting from the pandemic, with a particular emphasis on sexual orientation and gender identity, was one in a series of indirect discrimination workshops HRP has convened in the last year. In spring 2020, HRP hosted a virtual convening exploring indirect discrimination on the basis of religion with several former and current members of the UN Human Rights Committee. During the 2020-2021 academic year, HRP hosted two additional workshops drawing on other categories of indirect discrimination. Convened with Columbia Law School’s Human Rights Institute, the October 2020 workshop addressed indirect discrimination on the basis of sexual orientation and gender identity, laying the foundation for February’s discussion on the pandemic.

“One way to think about the purpose of indirect discrimination norms,” said one expert at the October convening, “is that they compel government, or other actors subject to the norms, to actively think about or know about the lives of people who are not like themselves.”

Indirect discrimination is a term that encompasses rules or laws whose intent may not be to discriminate against one group “on the face of it” but has the effect of doing so. In the workplace, for instance, a policy that requires employees to work on Saturdays may have severe effects for those of the Jewish faith, who observe Saturday as a holy day of rest. Indirect discrimination affects a range of protected groups on the basis of race, religion, and other factors.

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May 28, 2021

Beyond the Coup: Can the United Nations Escape Its History in Myanmar?

Posted by Ambassador Kelley Currie

(Editor’s Note: This article is part of a Just Security series on the Feb. 1, 2021 coup in Myanmar. The series brings together expert local and international voices on the coup and its broader context. The series is a collaboration between Just Security and the International Human Rights Clinic at Harvard Law School. This article was first posted to Just Security on May 27, 2021)

When Myanmar’s ambassador to the United Nations Kyaw Moe Tun took the floor of the General Assembly on Feb. 26 to condemn the weeks-old military coup and announce his loyalty to the elected government, he not only shocked all those tuning in who expected a pro forma defense of the Tatmadaw’s power grab and denunciation of U.N. interference. He also provided Myanmar’s democratic movement a potentially powerful new tool, both to help secure their legitimacy, and to shift the historic dynamics of U.N. failure in Myanmar. To make the most of this tool, the nascent National Unity Government (NUG) must quickly learn how to work with the U.N. system and leverage it for its intrinsic utility as well as to build out their footprint internationally. To date, the results have been mixed, but there are signs that the NUG is learning. Whether these efforts ultimately will be effective also depends on whether the U.N. system can learn from its own failures in Myanmar and make the necessary course corrections at this pivotal moment.

Past Imperfect

The U.N.’s history with Myanmar has been a multi-decade case study in the moral hazards that international organizations face when dealing with regimes that do not care about either the welfare of their own people or the opinions of outsiders. After being one of the first of the newly independent post-colonial countries to join the U.N., Myanmar enthusiastically participated in U.N. activities during the parliamentary democracy period. It even requested the U.N.’s help in dealing with spillover from the Chinese civil war, when both Kuomintang (KMT) and Communist troops breached Myanmar’s border.

After Ne Win’s 1962 coup, however, successive military regimes rigorously limited their engagement with international organizations out of an almost fanatical devotion to neutrality. Like other autarkic dictatorships, the Ne Win regime deeply distrusted the U.N. and particularly eschewed involvement with its field-based activities, even though his countryman U Thant served as U.N. Secretary General during much of the first decade of Burmese Socialist Program Party (BSPP) rule. It was not just the U.N. that drew Ne Win’s suspicions: nearly all foreign organizations were kicked out of Myanmar during the 1960s and diplomats based in the country were heavily restricted. The BSPP’s fetishization of neutrality was such that Ne Win withdrew Myanmar from the Non-aligned Movement in 1978 because he was concerned it had become too partisan toward the Soviet Union. Given the role of Southeast Asia as a major theater of Cold War contestation, and China’s mercurial role in these geostrategic games, one can hardly blame Myanmar for wanting to remain aloof from it all. But Ne Win’s autarky also ensured that Myanmar essentially was suspended in amber for more than a decade.

Faced with a ruinous economic situation, however, the post 1974-BSPP and its successors in the State Law and Order Restoration Council (SLORC), while no less xenophobic, recognized that the U.N.’s rapidly expanding aid agencies could be useful as they attempted to address the country’s disastrous economic situation. The Tatmadaw generals seemed to innately grasp that these various humanitarian and development agencies cared more about their agency’s particular development and humanitarian mission set than about the quality of Myanmar’s governance and these agencies were competing for “clients” in the developing world. Having been locked out of Myanmar at the height of the BSPP’s autarky, these agencies were desperate to experiment on its broken economy and what they viewed as a tabula rasa society ripe for their modernization efforts. This gave the BSPP the ability to arbitrage aid agencies’ ambitions and silos, strictly limiting their staffing and physical access and insisting on a high degree of control over their activities in the country. Even after Ne Win resigned as BSPP chairman in 1988, the SLORC and SPDC continued to use humanitarian access as a bargaining chip to ensure that agency operations were compliant. In the most striking—but far from the only– example of its extreme suspicion toward the U.N., the Burmese regime initially rejected U.N.-led humanitarian assistance in the wake of 2008’s devastating Cyclone Nargis, which killed tens of thousands of people, wiped out the critical Irrawaddy Delta rice production zone, and left millions homeless.

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May 5, 2021

Not One Bullet More

Clinic Joins 200+ Orgs in Calling on UN Security Council to Impose Arms Embargo on Myanmar

(May 5, 2021) — The International Human Rights Clinic at Harvard Law School joins over 200 other civil society organizations, including the U.S. Campaign for Burma, Human Rights Watch, GCR2P, Global Justice Center and Amnesty International, in calling on the United Nations Security Council to urgently impose a comprehensive global arms embargo on Myanmar. The letter responds to the current crisis in Myanmar, beginning with a February 1, 2021 coup that has spiraled into increasing brutality and violence against civilians, including dozens of children. The organizations urge the UN Security Council to help prevent further violations of human rights against peaceful protestors and those opposing military rule by halting the arms trade with the military junta. Read the full letter below or download it at this link.

Image of protestors kneeling over a memorial with text that says, "Not One Bullet More: Ban Weapons Sales to Myanmar"

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March 24, 2021

An Academic Home for a Global Mandate: UN Expert Mentors Harvard Students, Promotes LGBT Rights

Posted by Dana Walters

Internationally, Victor Madrigal-Borloz is known as a determined advocate for the rights of LGBT individuals. As the United Nations Independent Expert on the protection from violence and discrimination based on sexual orientation and gender identity (SOGI), his mandate comes directly from the UN Human Rights Council. Through thematic reports, official country visits, keynote speeches, and behind-the-scenes organizing and advocacy, he diligently works to promote a rights-respecting reality for LGBT individuals.

At Harvard Law School, where Madrigal-Borloz has spent the past two years as the Eleanor Roosevelt Senior Visiting Researcher with the Human Rights Program (HRP) and has hired research assistants from across the University to aid him in his work, he has undertaken another role: mentor.

Victor Madrigal-Borloz stands in front of a podium in Wasserstein Hall. He wears a suit and tie and is speaking. He stands in front of a chalkboard.
Victor Madrigal-Borloz first visited Harvard Law School in February 2019 to give a talk about his mandate.
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March 16, 2021

WATCH: The Impact of COVID-19 on LGBT Persons Webinar


In his recent report to the United Nations General Assembly, Victor Madrigal-Borloz, UN Independent Expert on Sexual Orientation and Gender Identity, addressed the particular impact of COVID-19 on LGBT persons, communities, and populations, highlighting social exclusion and violence, as well as institutional drivers of stigma and discrimination. Madrigal-Borloz, who is also the Eleanor Roosevelt Senior Visiting Researcher at the Human Rights Program, joined HRP on February 18, 2021, for a discussion of his findings, which also includes recommendations and identifies good practices aimed at creating a COVID-19 response and recovery free from violence and discrimination based on sexual orientation and gender identity.

This event was organized by the Human Rights Program and co-sponsored by the HLS LGBTQ+ Advocacy Clinic and the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics.

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December 7, 2020

The UN must take action and compensate victims of lead poisoning in Kosovo

Posted by Nathalie Gunasekera JD'21

“The ideals of the United Nations – peace, justice, equality, and dignity – are the beacons to a better world.” UN Secretary-General António Guterres made these remarks during September’s UN General Assembly ceremony, which commemorated the organization’s 75th anniversary. These ideals are enshrined in the UN Charter, and yet, they been severely tested by the organization’s recent history in Kosovo. For more than two decades, the UN has refused to accept legal responsibility and deliver justice to Roma, Ashkali, and Egyptian minorities who were forced to live in UN-run lead contaminated refugee camps.

In September 2020, the UN Special Rapporteur on Toxics Dr. Marcos Orellana presented his predecessor’s report on lead poisoning in Kosovo. He delivered a clear message: inaction must end, and justice must be delivered.

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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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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 16, 2020

“Deep Shame Within the Ranks of UN Staff”

Posted by Joey Bui JD'21

Assessing the UN’s Haiti Cholera Response 10 Years On

In 2010, a United Nations (UN) peacekeeping mission caused an outbreak of cholera in Haiti, resulting in the deaths of over 10,000 Haitians. On Oct 8, 2020, ten years after the outbreak began and amid the COVID-19 global pandemic, key experts joined the Human Rights Program at Harvard Law School for a webinar to discuss the ongoing failure of the UN to adequately answer to Haitian victims and what lessons the rights organization should learn moving forward.

It was a rare occasion in which a UN official spoke publicly with Haitian and foreign advocates who have been extremely critical of the UN’s response. During the event, former UN officials provided an inside look at the UN’s failures in Haiti, and expressed shame about the UN’s response. The panel also identified key takeaways for the UN to adopt in order to prevent a repeat in the future.

The virtual panel, which was a part of Harvard Worldwide Week and was co-sponsored by seven different Harvard centers and groups, included Mario Joseph, a prominent Haitian human rights lawyer at Bureau des Avocats Internationaux who has led efforts to seek justice for victims, as well as Haitian doctors who have worked on the frontlines of the outbreak, Dr. Inobert Pierre of St. Boniface Hospital and Dr. Marie Marcelle Deschamps of GHESKIO. Presenting perspectives from the UN were Josette Sheeran, the UN Special Envoy for Haiti; Andrew Gilmour, the former Assistant Secretary-General for Human Rights; and Philip Alston, the former UN Special Rapporteur for extreme poverty and human rights.

Eight individuals on zoom during a webinar.
From left to right, top: Beatrice Lindstrom, Philip Alston, Louise Ivers; Middle: Marie Deschamps, Mario Joseph, Andrew Gilmour; Bottom: Inobert Pierre, Josette Sheeran.
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October 13, 2020

Building Momentum: IHRC and ASP Launch Principles on the Prevention of Conflict-Related Sexual Violence in Detention Settings

Posted by Zac Smith JD'21

Sexual violence is all too common in conflict and post-conflict settings, causing horrific physical and psychological damage and preventing peace building efforts. As recognized in United Nations Security Council Resolution 2467 (2019), all individuals are at risk of sexual violence in conflict, and detention settings are a particular context of risk, especially for men and boys. 

Taking up Resolution 2467’s call to increase international attention and coordination on the issue, the All Survivors Project and the International Human Rights Clinic partnered to author the Principles on the Prevention of Conflict-Related Sexual Violence (CRSV) in Detention Settings. Drawing from existing sources of international law and authoritative guidance, the document’s ten principles and accompanying commentary outline the international community’s responsibility to prevent and respond to CRSV. 

A red cover with a yellow block illustrating a cage with humans sitting on bars.

On Wednesday October 7, academic experts, policy makers, and diplomats came together at a virtual side event to the UN Human Rights Council to officially launch the Principles and highlight their significance. (Watch a recording of the event here.) Moderator Lara Stemple, Assistant Dean for Graduate Studies and International Student Programs and Director of the Health and Human Rights Law Project at UCLA School of Law, prefaced the conversation by underlining the driving motivation for the All Survivors Project’s work — including these principles — that “human rights protections must be afforded to all people, regardless of their individual characteristics.” Panelists included Anna Crowe, Assistant Director of the International Human Rights Clinic, who supervised the Clinic’s work on the project; HE Premila Patten, UN Special Representative on Sexual Violence in Armed Conflict; Professor Manfred Nowak, former UN Special Rapporteur on Torture and  leader of a recently completed global study of children in detention; and Sophie Sutrich, Head of Addressing Sexual Violence for the International Committee of the Red Cross. 

The event began with opening remarks from representatives of three states that have championed CRSV prevention. Situating the place of the Principles in wider efforts to cultivate international peace and prosperity,Ambassador Jürg Lauber of Switzerland and Ambassador Peter C. Matt of Liechtenstein underlined their importance and timeliness. As Ambassador Lauber observed, “the Principles are clearly intended to be of practical use, as they contain specific recommendations for implementation.”Ambassador Tine Mørch Smith of Norway explained that “the physical hurt suffered from conflict related sexual violence does not discriminate between male and female victims.”She committed that CRSV prevention, including a focus on men and boys, would be a priority when Norway takes its seat as a non-permanent Security Council member in 2021.

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