President Pedro Pablo Kuczynski
Credit: Cobot156 via Wikimedia Commons
The Inter-American Commission on Human Rights (IACHR), two United Nations special rapporteurs, and one UN working group recently condemned Peruvian President Pedro Pablo Kuczynski’s decision to issue a humanitarian pardon on December 24, 2017 to former President Alberto Fujimori, who was convicted and sentenced in 2009 to 25 years in prison for murder, kidnapping, and crimes against humanity during his presidency; the IACHR and the UN human rights experts question whether the decision meets international human rights legal requirements, and asserts that it undermines the efforts of victims and witnesses who brought Fujimori to justice. [IACHR Press Release; OHCHR Press Release; HRW: Pardon] See Resolución Suprema No. 281-2017-JUS (2017) [Spanish Only]. The pardon, issued officially for humanitarian reasons due to Fujimori’s health, absolves Fujimori of his convictions and releases him from his sentence. [IACHR Press Release] Peru is obligated under international human rights law to investigate alleged rights violations and punish perpetrators, and not to implement pardons or amnesty laws that undermine the rights to a fair trial and to judicial protection. [IACHR Press Release; OHCHR Press Release]
Some Peruvians and UN experts believe that the pardon was politically motivated because of a potential connection between Fujimori’s pardon and the cancelled impeachment proceedings against President Kuczynski; the impeachment proceedings were dropped just three days after the impeachment hearing of President Kuczynski, who survived a removal vote with the help of a 10-person coalition that crossed party lines to abstain from the removal vote, led by Fujimori’s son Kenji Fujimori. Seven of the 10 lawmakers communicated with Fujimori leading up to the vote. [Reuters; HRW: Pardon; OHCHR Press Release] President Kuczynski’s decision triggered street protests and unrest in Peru. [OHCHR Press Release; Guardian: Pardon] Read more
Commissioners Margarette May Macaulay and Esmeralda Arosemena de Troitiño of the Inter-American Commission on Human Rights
The Inter-American Commission on Human Rights (IACHR) presented a report on December 5, 2017 that, for the first time in the region, details Member States’ human rights legal obligations to address the situation of poverty and extreme poverty in the Americas through a human rights perspective. See IACHR, Poverty and Human Rights in the Americas (2017), para. 18 (in Spanish only). The Commission’s report acknowledges that poverty is interrelated with certain rights, both civil and political and economic and social, such as the rights to work, education, health, and access to justice, and, therefore, recommends that States focus on ensuring rights for all, including groups in vulnerable situations, as a method for addressing poverty and extreme poverty. See id. at paras. 12, 98, 494. The report also highlights the disproportionate impact of poverty on groups in vulnerable situations; recognizes the barriers to access to justice that poverty presents; and makes recommendations to Member States, such as taking a human rights perspective over a welfare approach to addressing poverty, among others. See id. at paras. 34, 98. Additionally, the report recognizes different definitions of poverty and extreme poverty, although it does not explicitly decide on definitions for each, but the report does state that extreme poverty is a grave problem that impacts the exercise and enjoyment of all human rights. See id. at paras. 2, 18. This is the first report since the IACHR established the mandate of the Special Rapporteur on Economic, Social, Cultural, and Environmental Rights. [IACHR Press Release: ESCER; IJRC] Read more
Justice Solomy Balungi Bossa of the African Court on Human and Peoples’ Rights
On November 24, 2017, the African Court on Human and Peoples’ Rights (AfCHPR) held that Rwanda violated Victoire Ingabire Umuhoza’s right to freedom of opinion and expression, as well as her right to an adequate defense. See AfCHPR, Ingabire Victoire Umuhoza v. The Republic of Rwanda, App. No. 003/2014, Judgment of 24 November 2017, paras. 173(viii)-(ix). Specifically, the African Court held that Rwanda violated the African Charter on Human and Peoples’ Rights (African Charter) and the International Covenant on Civil and Political Rights (ICCPR) because the criminal conviction and sentence imposed on Ingabire for a speech that, the African Court found, did not minimize the genocide was a disproportional and unnecessary restriction on her freedom of speech; however, the Court further found that the law criminalizing the minimization of genocide may impose a legitimate restriction on the right to freedom of expression for purposes of preserving public order and national security. See id. at paras. 141, 161-163. The Court’s analysis on the right to freedom expression draws on the only other judgment from the Court to weigh on an alleged violation of that right and relies, as that previous judgment did, on comparative international human rights jurisprudence to develop the right to freedom of expression in its own case law, including to recognize that the right protects opinions that “offend, shock or disturb.” See id. at paras. 120-63; AfCHPR, Lohé Issa Konaté v. Burkina Faso, App. No. 004/2013, Judgment of 5 December 2014.
While Ingabire’s case was pending before the Court, Rwanda moved to withdrawal its declaration allowing individuals to appeal directly to the AfCHPR; while the withdrawal has gone into effect, it does not affect those cases that the Court already had jurisdiction over, including Ingabire’s case. [IJRC] See AfCHPR, Ingabire Victoire Umuhoza v. The Republic of Rwanda, App. No. 003/2014, Ruling on Jurisdiction, 5 September 2016. Read more
The Inter-American Commission on Human Rights holds a thematic hearing.
In December, several universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through the consideration of State reports, country visits, and thematic and contentious hearings. Two United Nations treaty bodies will continue their sessions that began in November on issues concerning racial discrimination and torture. Ten United Nations special procedures mandate holders and groups of experts will conduct country visits across five continents in December, and one UN group of experts will hold sessions. Regionally, the Inter-American Commission on Human Rights (IACHR) will continue its session and hold thematic hearings on specific human rights issues in the United States and Canada. The European Committee of Social Rights (ECSR) will hold sessions, and the Grand Chamber of the European Court of Human Rights (ECtHR) will hear two cases related to the right to assistance of counsel and the application of Islamic law in national courts, respectively.
The UN treaty bodies’ sessions may be watched via UN Web TV. The IACHR sessions may be viewed on its YouTube channel. The ECtHR hearings may be viewed on its webcast.
To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more
OAS session on Venezuela
Credit: Juan Manuel Herrera/OAS
In the last two months, the Organization of American States (OAS) held unprecedented hearings to gather witness testimony on the situation in Venezuela to determine whether to refer the State to the International Criminal Court (ICC). [OAS Press Release: First Session; OAS Press Release: Second Session] In the sessions of hearings held so far, the OAS has heard testimony from activists, former members of the Venezuelan government and judiciary, and former members of the Bolivian National Armed Forces, among others; their testimony has described arbitrary arrests and detention, extrajudicial killings, and cruel and degrading treatment. [Moreno Ocampo] Luis Moreno Ocampo, a former ICC prosecutor and current Special Adviser on Crimes against Humanity (Special Advisor) at the OAS, convened the two public sessions of hearings – one in September and one in October – at the OAS headquarters in Washington, D.C.; he may convene additional sessions in November. [OAS Press Release: Adviser; OAS Press Release: First Session; OAS Press Release: Second Session]
In July, the OAS Secretary General, Luis Almagro, designated Moreno Ocampo as Special Adviser, and as such, Moreno Ocampo is tasked with analyzing, studying, and debating the ongoing situation in Venezuela with interested parties to determine whether the State committed crimes against humanity and can be referred to the ICC. [OAS Press Release: Adviser] Accordingly, the sessions were held to examine whether the abuses by the Venezuelan government rise to the level of crimes against humanity and if they were committed in a widespread and systematic manner. [OAS Press Release: First Session; OAS Press Release: Second Session; Moreno Ocampo] The testimony gathered in the sessions will contribute to a final report, along with information submitted by additional organizations; the Independent Panel of International Experts, appointed by the OAS Secretary General in September, will review the report and recommend it to the Secretary General. [OAS Press Release: Independent Panel] This is the first time that the regional body has held sessions with the purpose of referring a Member State to the ICC. Read more
The Inter-American Commission on Human Rights
In October, several universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports, interactive dialogues, country visits, seminars, and hearings. Five UN treaty bodies will meet throughout October to assess States’ compliance with their treaty obligations related to civil and political rights; economic, social, and cultural rights; elimination of discrimination against women; the prevention of torture; and the rights of the child. The Social Forum of the UN Human Rights Council will be in session, and the UN Human Rights Council will also host thematic panel discussions, seminars, and working group discussions on climate change, migrants, and persons displaced across international borders; transnational corporations and other business enterprises with respect to human rights; and the implementation of effective safeguards to prevent torture and cruel, inhuman, or degrading treatment during police custody. One working group will be in session on the issue of discrimination against women in law and practice, and eight other special procedures mandate holders will conduct country visits. Regionally, the Inter-American Commission on Human Rights (IACHR), the Inter-American Court of Human Rights (IACtHR), the European Committee on Social Rights (ECSR), and the European Court of Human Rights (ECtHR) will be in session.
The UN Human Rights Council’s and UN treaty bodies’ sessions can be watched via UN Web TV. The IACHR’s session can be watched on its YouTube channel, and the IACtHR’s session may be viewed on its website or Vimeo page. The ECtHR hearings can be viewed on its webcast.
To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more
CICIG Commissioner Iván Velásquez speaks at the UN Embassy in Guatemala
Credit: US Embassy via Wikimedia Commons
On August 29, Guatemala’s Constitutional Court issued a temporary injunction to block President Jimmy Morales’ expulsion order against Iván Velásquez, head of a United Nations anticorruption panel, who just days earlier announced his intent to investigate Morales for alleged campaign finance violations in 2015. [Al Jazeera; New York Times] The UN International Committee against Impunity in Guatemala (known by its Spanish acronym CICIG) was formed 10 years ago to address the pervasive corruption problems in Guatemala. [Al Jazeera] In furtherance of its mission, CICIG currently seeks to strip Morales of his official immunity so that he may face a campaign finance investigation. [Washington Post] Morales announced his decision to expel Velásquez on August 27, citing “the interests of the Guatemalan people” and his aim to “strengthen . . . the rule of law and our institutions.” [Al Jazeera] The expulsion order sparked protests in defense of Velásquez and continues to draw international criticism. [New York Times] Representatives from the United Nations, the Inter-American Commission on Human Rights (IACHR), and the European Union (EU) have condemned Morales’ actions as beyond the scope of his authority and an unjustified interference with the work of CICIG. [UN News Centre; OHCHR Press Release; IACHR Press Release (in Spanish); EU Press Release] Read more
The Philippines’ representative at the United Nations participates in debates at the UN General Assembly
Credit: UN Photo/Cia Pak
Last week, three United Nations independent experts – the Special Rapporteur on extrajudicial, summary or arbitrary executions; the Special Rapporteur on the situation of human rights defenders; and the Special Rapporteur on the sale and sexual exploitation of children – made an urgent appeal to the government of the Philippines concerning grave human rights violations, including murder; threats against human rights defenders including those advocating for indigenous peoples’ rights; and the summary execution of children. [OHCHR Press Release: Experts] Since President Rodrigo Duterte assumed office in June 2016, a violent “war on drugs,” spearheaded by the government of the Philippines continues to undermine the respect for human rights. See HRW, World Report: Philippines (2017). According to Human Rights Watch (HRW), the drug war has led to the killing of more than 7,000 suspected drug users and dealers, the overcrowding of jails, and the targeting of critics of the drug war, without any meaningful investigation into these incidents. See HRW, Philippines. The High Commissioner of Human Rights said last year that the war on drugs has created an atmosphere of violence and impunity. [OHCHR Press Release: Zeid] The UN independent experts recommend that the Philippines investigate all instances of violence, eliminate impunity, and hold perpetrators accountable for their actions. [OHCHR Press Release: Experts] The Philippines is a State party to several human rights treaties, including the International Covenant on Civil and Political Rights (ICCPR), and it is obligated to uphold the rights to life; prohibition of cruel, inhuman, or degrading treatment or punishment; and liberty, among others. Read more