Category Archives: immigration & asylum

International Community Questions Fairness of Election As Hungary Re-elects Orbán

Hungarian Parliament
Credit: Andrew Shiva via Wikimedia Commons

International election observers, civil society, and protesters have raised concerns over the fairness of Hungary’s April 8 parliamentary elections in which the incumbent prime minister, Viktor Orbán, and his Fidesz party secured a strong majority, winning 133 of 199 parliamentary seats; media bias and intimidation of independent journalists as well as xenophobic and intimidating rhetoric, civil society and election observers have noted, steered the election outcomes in favor of Fidesz. [Guardian: OSCE; HRW; Reuters: Protest] The Organisation for Security and Cooperation in Europe (OSCE), an intergovernmental body that monitors the elections of Member States, found that the incumbent Fidesz party exploited its current position in power to “[undermine] contestants’ ability to compete on an equal basis” through the use of intimidating rhetoric, media bias, and the government’s use of public money to support the campaign of the incumbent party to influence the voting public. See OSCE, Statement of Preliminary Findings and Conclusions (2018), 1. Echoing the OSCE, civil society organizations raised concerns over Fidesz’s practice of smearing journalists and non-governmental organizations (NGOs) that oppose the party’s views, and over the government’s support, announced a day after the election, of a law that would limit the activities of civil society working with migrants and refugees. [HRW; HHC Press Release] Protesters gathered in Budapest over the weekend referring to the election as unfair and calling for a free media. [Reuters: Protest] Before the election, the United Nations High Commissioner for Human Rights raised concerns over the “racist and xenophobic” rhetoric of Orbán and the undermining of the independence of the press and the judiciary. [OHCHR Press Release] Under the International Covenant on Civil and Political Rights (ICCPR), Hungary is obligated to ensure the rights to non-discrimination, to freedom of expression, to freedom of association, and to vote. Read more

African Court Decides First Case on Right to a Nationality

African Court on Human and Peoples’ Rights
Credit: AfCHPR

Last week, the African Court on Human and Peoples’ Rights (AfCHPR) published its first ruling related to the right to nationality in the case of Anudo Ochieng Anudo v. Republic of Tanzania, stating that Tanzania violated Anudo Ochieng Anudo’s right not to be arbitrarily deprived of his nationality, right not to be arbitrarily expelled, and right to be heard by a judge; in finding these violations, the Court relied on Article 15 of the Universal Declaration of Human Rights (UDHR), Article 13 of the International Covenant on Civil and Political Rights (ICCPR), and Article 7 of the ICCPR, respectively. See AfCHPR, Anudo Ochieng Anudo v. Republic of Tanzania, App. No. 012/2015, Judgment of 22 March 2018, paras. 88, 106, 117. At the age of 33, the complainant’s identity documents, issued by Tanzania, were investigated by immigration authorities and found to be based on fake documents, and the complainant was arrested, detained, beaten, and deported to Kenya, which subsequently found him to have irregular status and deported him back. See id. at paras. 4-12. The Court held that States have the burden of proof to show that the complainant does not have citizenship if the State claims the complainant’s identity documents, issued by the State, are flawed or fake. See id. at para. 80. The State failed to fulfill its burden in this case and failed to provide Anudo with an opportunity to contest his deportation. See id. at paras. 88, 106, 115. A lawyer at the Open Society Justice Initiative said the case “exposes the institutional weaknesses, discrimination, and flaws in legal frameworks on the right to nationality.” [OSJI]

The African Commission on Human and Peoples’ Rights (ACHPR) and African Committee of Experts on the Rights and Welfare of the Child (ACERWC) have previously considered the right to a nationality through Article 5 of the African Charter on Human and Peoples’ Rights (Banjul Charter), which grants the right to legal status, and under Article 6 of the African Charter on the Rights and Welfare of the Child (Children’s Charter), which grants the right to nationality. The Court, which has jurisdiction to interpret all relevant applicable human rights treaties to a case, did not consider Article 5 in its decision. Read more

CEDAW Committee Recommends a Gender-Based Approach to Environmental Disasters

Dalia Leinarte, Chair of the Committee on the Elimination of Discrimination against Women
Credit: UN Photo/Rick Bajornas

The Committee on the Elimination of Discrimination Against Women (CEDAW Committee) recently published a general recommendation on the adoption of a gender-based approach on the prevention of and response to climate change and environmental disasters. See Committee on the Elimination of Discrimination Against Women, General Recommendation No. 37: Gender-related dimensions of disaster-risk reduction in the context of climate change, UN Doc. CEDAW/C/GC/37, 9 February 2018. The General Recommendation provides guidance to States on fully implementing the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in the context of climate change and disasters; under the Convention, States parties have both general obligations to ensure gender equality as well as specific obligations to guarantee rights that may be negatively affected by climate change and natural disasters. See id. at para. 10. The General Recommendation warns that pre-existing gender inequalities are aggravated following a disaster and women become more susceptible to gender-based violence, but States parties must still guarantee the rights enumerated in the Convention. See id. at paras. 3, 10. The General Recommendation is one of several recent developments on international standards at the intersection of human rights and the environment; notably the Special Rapporteur on the issue of human rights obligations related to the enjoyment of a safe, clean, healthy and sustainable environment recently called for the recognition of the right to a healthy environment at the universal level, and published guidance on children’s rights and the environment. [OHCHR Press Release] Read more

Committee Against Torture Issues New General Comment on Non-Refoulement

Jens Modvig, Chair of the Committee against Torture is joined by the Chair of the Subcommittee on Prevention of Torture and Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Credit: UN Photo/Eskinder Debebe

The United Nations Committee Against Torture (CAT) recently published  its General Comment 4 on the implementation of Article 3 (non-refoulement, or not deporting or extraditing an individual to a country where they are at risk of torture) of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Convention against Torture), replacing the CAT’s first general comment 20 years after its publication; the new General Comment reiterates existing standards, provides additional guidance on torture and non-refoulement under the Convention against Torture, and provides expanded guidance on how the Committee reviews communications that allege violations of Article 3. [OHCHR Press Release: CAT] The General Comment notably solidifies some of the decisions on Article 3 made in the CAT’s merits decisions, including that sending States must consider the actions of non-State actors as well as State actors when determining the risk of torture for a potential deportee, and that the State’s obligation to not deport an individual at risk of torture in the receiving State is absolute. The General Comment’s guidance on communications may assist individuals at risk of refoulement submit more effective claims to international bodies, which will likely help the Committee expedite the processing of complaints and address its extensive backlog; the Committee’s complaints involving Article 3 claims make up the majority of complaints submitted to the Committee. See CAT, General Comment No. 4 (2017) on the implementation of article 3 of the Convention in the context of article 22, Advanced Unedited Version, 9 February 2018, para. 7. [OHCHR Press Release: Statement; OHCHR Press Release: CAT] Read more

January 2018: Universal Periodic Review and Regional Bodies in Session

Palais des Nations
Credit: UN Photo/Violaine Martin

In January 2018, 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, and hearings. One United Nations treaty body will meet throughout January to assess States’ compliance with their treaty obligations related to the rights of the child. The Universal Periodic Review (UPR) Working Group will also be in session and will conduct interactive dialogues with representatives from 14 States. Three UN special procedures mandate holders will conduct country visits, and an additional special procedure working group will hold sessions. Regionally, the Inter-American Court of Human Rights (IACtHR) and the European Committee of Social Rights (ECSR) will be in session, and the Grand Chamber of the European Court of Human Rights (ECtHR) will hear two cases related to the rights of liberty and security, the right to freedom of assembly, the right to a fair trial, and the limitation of restrictions on rights.

The UN treaty body’s session may be watched via UN Web TV. The IACtHR’s session may be viewed on its website or Vimeo page, and the ECtHR’s hearings may be viewed on its webcast.

 To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more

News Clips- September 1, 2017

Journalists are briefed at the UN on the situation in Yemen
Credit: UN Photo/Manuel Elias

Civil Society

  • On Friday, the German government shut down a left-wing extremist website connected to violence at the Group of 20 summit meeting in July. [New York Times]
  • On Wednesday, human rights groups called for the establishment of an independent inquiry into alleged abuses taking place in Yemen. [Guardian]

Corruption

  • On Sunday, the Constitutional Court in Guatemala issued a temporary injunction blocking President Jimmy Morales’ order to expel Iván Velásquez, the head of the United Nations International Committee against Impunity in Guatemala. [Al Jazeera]
  • This week, it was reported that the government of Mexico has allegedly made ongoing attempts to silence a prominent advocate who has spoken against corruption and impunity. [New York Times]

Violence & Humanitarian Crises

  • On Friday, violent clashes occurred in northern India in response to a spiritual leader’s conviction of rape; at least 30 people have been killed. [New York Times]
  • On Friday, gunmen, claimed by ISIS, attacked a mosque in Kabul, Afghanistan killing at least 20 people. [New York Times]
  • On Wednesday, the United Nations Security Council renewed the peacekeeping mission in Lebanon for one year in response to concerns about Hezbollah near Israel’s border. [New York Times]
  • On Thursday, the Prime Minister of Iraq, Haider al-Abadi, announced that Tal Afar is free from ISIS after an 11-day battle. [New York Times]

Migrants, Refugees, & Asylum Seekers

  • Last week, the International Organization for Migration condemned Facebook for failing to monitor traffickers using the site to broadcast abuse of migrants and using the videos to seek ransom from victims’ family members. [Reuters]
  • On Thursday, the United Nations representatives reported that more than 27,400 Rohingya migrants have fled to Bangladesh from Myanmar since August 25. [Reuters]
  • On Monday, leaders from France, Germany, Italy, Spain, Chad, and Niger agreed to work together on aid and border control to stem the influx of migrants. [Guardian]

UN Experts: Italy’s Rules for NGOs May Result in Death for Migrants

Refugees arrive in Europe
Credit: Ggia

Three United Nations Special Rapporteurs issued a warning last week in response to Italy’s new code of conduct that would limit the ability of signatory nongovernmental organizations (NGOs) to rescue refugees and migrants at sea; the Special Rapporteurs cautioned that it threatens lives and breaches international standards. [OHCHR Press Release; UN News Centre] Italy drafted the code of conduct, with support from the European Commission – the executive organ of the European Union – seeking the signature of NGOs engaging in rescue missions in the Mediterranean Sea. [European Commission Press Release] The code of conduct aims to limit the loss of life and migratory flows from North Africa, but human rights organizations and UN experts have criticized it because of the counter effect that it is projected to have on the lives of migrants and refugees. [OHCHR Press Release; HRW; Deutsche Welle; UN News Centre] Critics find particularly concerning the provisions that bar NGOs from entering Libyan waters to undertake rescues, ban NGOs from using light signals to communicate with vessels at imminent risk of sinking, and force NGOs to return to port to disembark rescued people, rather than transferring them to other vessels if they need to remain at sea to rescue others. [HRW] Italy and the other EU Member States are obligated to protect, respect, and fulfill the right to life for all, including migrants, under Article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights). Read more

« Older Entries