Posts Tagged ‘human rights’

Treaty bodies case law database saved and resurrected by UN

February 17, 2015

For someone who 25 years ago (!!) started the development of legal databases on human rights (specifically the legal protection of refugees) and wrote articles about it (e.g Int J Refugee Law (1989) 1 (1):89-100.doi: 10.1093/ijrl/1.1.89Pp. 89-100, see ABSTRACT below), the news that the UN has now published, on-line, a database of case law on human rights is exciting and it should be for all practitioners.

The new site http://juris.ohchr.org/ contains all case law issued by the UN human rights expert committees, the Treaty Bodies.

The database was developed using data from the Netherlands Institute of Human Rights (SIM) of Utrecht University School of Law (of which I had the honor to be the first Director). Since the mid-1990s, SIM had developed a comprehensive record on the jurisprudence stemming from the decisions by four Treaty Bodies on complaints brought by individuals.  Over 20 years, academics compiled and indexed Treaty Bodies’ case law, making the SIM database the most authoritative online resource on this. Due to budget restrictions, SIM stopped updating the database  from 1 January 2014 and took it offline on 1 January 2015. However, SIM offered its data free of charge to the UN Human Rights Office.

“This allowed us to build our own database, with an expanded remit and search capability, and we aim to continue developing it. It is an important part of our efforts to make the work of the Treaty Bodies more visible and accessible, and we hope it will benefit a range of users all over the world,” said Mr. Ibrahim Salama Director of the UN Human Rights Treaties Division. .

There are 10 Treaty Bodies that review and monitor how States that have ratified a particular treaty are implementing the rights contained in it. Eight (listed below) can also consider complaints by individuals who believe their rights have been violated and who have exhausted all the legal steps in their own country.

The site http://juris.ohchr.org contains case law indexed by various categories, including State, date, subject and keywords, which can all be used as search criteria. Users can submit their comments on the functioning of the database as part of ongoing efforts to improve it.

The Committees that can receive and consider individual complaints are:

  • Human Rights Committee (CCPR)
  • Committee against Torture (CAT)
  • Committee on the Elimination of Discrimination against Women (CEDAW)
  • Committee on the Elimination of Racial Discrimination (CERD)
  • Committee on the Rights of Persons with Disabilities (CRPD)
  • Committee on Enforced Disappearances (CED)
  • Committee on Economic, Social and Cultural Rights (CESCR)
  • Committee on the Rights of the Child (CRC)

Abstract of 1989 article on the development of legal databases: “Today’s information technology can be used to improve the legal protection of refugees, by providing information relevant to the asylum procedure, and laying the foundation for progressive development at the international level. The positive potential of legal databases is only now beginning to be realised, thanks to pioneering efforts within human rights and related documentation centre networks. UNHCR is helping to set up a case law database, in co-operation with non-governmental organizations. A database on national legislation is also planned, as is a full text database of international legal instruments database. Legal literature continues to be covered by the database REFLIT (REFugee LITerature) of UNHCR’s Centre for Documentation on Refugees (CDR/UNHCR). This article examines two basic kinds of information-retrieval systems, ‘free text’, and ‘indexed’, and considers their different structures, uses and search procedures, with reference to work on a forthcoming refugee thesaurus. The author calls attention to the need for standard formats, such as those of HURIDOCS, and to problems of scope and coverage. He suggests that information and documentation are areas in which practical co-operation between the UN, governments and non-governmental organizations could be implemented to advantage.”

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Charlie Hebdo attack: intolerance extreme

January 8, 2015

What a way to start the human rights year: yesterday’s attack on Charlie Hebdo. One of the victims is Bernard Verlhac “Tignous” who was a member of the Cartooning for Peace Foundation. A good moment to recall the posts on the power of (political) cartoons: https://thoolen.wordpress.com/tag/cartooning-for-peace/, that their work may continue to inspire.

Human Rights Day 2014: ODIHR Director Link wants to move from words to deeds for human rights defenders in the OSCE

December 11, 2014

On the occasion of International Human Rights Day, Michael Georg Link, Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), called on all OSCE participating States to do more to protect human rights defenders in the OSCE region: “It is time for all OSCE participating States to move from words to deeds and to provide more effective protection to those who strive to promote and safeguard human rights in our countries.”

The words must refer to the Guidelines on Human Rights Defenders which OSCE adopted this year: see: https://thoolen.wordpress.com/2014/06/11/osce-publishes-guidelines-on-the-protection-of-human-rights-defenders/

“Unfortunately, in 2014 we have witnessed numerous attacks and threats against human rights defenders,” the ODIHR Director said. “This includes human rights defenders with whom ODIHR has worked, and I am particularly disturbed that those standing up for human rights in the OSCE region may be being targeted for activities they carry out in partnership with our Office.”

At the Budapest Summit, in 1994, OSCE participating States emphasized the need to protect human rights defenders, and at the OSCE Summit in Astana, in 2010, they underscored the important role played by civil society in helping to ensure full respect of human rights and fundamental freedoms. “That the environment in which human rights defenders operate has become more, not less, restricted across the region over the past few years is disturbing,” Link said. “Determined action is needed to reverse this trend.”

Human Rights Day 2014: Better protection of human rights defenders needed across the OSCE region, ODIHR Director says | OSCE.

Cairo Institute launches a new research project on political islam and human rights

September 28, 2014

On September 25, in an event held at the School of Oriental and African Studies in London, the Cairo Institute for Human Rights Studies [CIHRS ] launched a new three-year academic research project on political Islam and human rights.   Read the rest of this entry »

New Indonesian President Jokowi urged to have human rights agenda

August 21, 2014

The same day as the Indonesian Supreme Court rejects the challenge against president-elect Joko “Jokowi” Widodo, the Jakarta Post  reports that human rights defenders urge him stand firm in advancing human rights in Indonesia immediately after the People’s Consultative Assembly MPR inaugurates him and his vice president-elect Jusuf Kalla on 20 October.  International NGO Forum on Indonesian Development [INFID] program officer Hilman Handoni hoped that Jokowi would increase the number of ‘human rights-friendly’ cities in the country (i.e. a city based on the concept of protecting a plural society and facilities friendly to the disabled, women, children and the elderly]. Human rights watchdog Imparsial researcher Swandaru added that he hoped Jokowi would give stronger protection to human rights defenders because many of them were still facing serious threats for advancing human rights in the country. Chrisbiantoro of the Commission for Missing Persons and Victims of Violence [Kontras] said he hoped Jokowi would strengthen the National Commission on Human Rights’ Komnas HAM capacities, which have been widely criticized for having weakened due to previous government, leaving many rights abuse cases unresolved: “Let’s see unresolved cases such as the murder cases of human rights activist Munir Said Thalib and journalist Fuad Muhammad Syafruddin or Udin. Their killers are still free. That’s Jokowi’s homework ”

via Jokowi urged to enforce human rights | The Jakarta Post.

Guatemala: Human rights defender Telma Yolanda Oquelí goes free because ‘woman cannot carry machete’

July 8, 2014

Interesting illustration in Guatemala of how macho notions can get a woman human rights defender off the hook:  On 27 May 2014, charges of “false imprisonment”, “coercion” and “threats” (including brandishing a machete) against human rights defender Ms Telma Yolanda Oquelí Veliz del Cid were dismissed by a Court of First Instance. However, the trial against four other community members, who face the same accusations, is set to continue. The decision of the judge to dismiss the proceedings against Telma Yolanda Oquelí Veliz del Cid was partly on the basis that, as a woman, she would not be able to carry a machete. The decision regarding Telma Yolanda Oquelí Veliz del Cid can be appealed by the complainants within three days. Judge Adrian Rolando Rodríguez Arana stated that additional evidence to support the charges against the four other community leaders must be presented by the Prosecutor’s Office on 30 June 2014. The four men are under house arrest and must present themselves to the Justice of the Peace of San José Del Golfo every month. Read the rest of this entry »

Good NEWS: Ales Bialiatski – Belarus’ best-known human rights defender – freed from prison

June 22, 2014
On 21 June 2014 it was reported by AP and others that prominent Belarusian human rights defender  Ales Bialiatski was finally released from prison that day. The 51-year-old leader of the NGO Vyasna, was released 20 months ahead of schedule. Supporters greeted Bialiatski at a train station in the capital, Minsk, after he traveled from prison.”The international support and the support back home, this is what brought about my release,” Bialiatski told reporters, “I will continue to do what Ive been doing.”   [6 people remain in prison for political activism, including former presidential candidate Nikolai Statkevich]

via Belarus human rights leader freed from prison after 3 years in possible gesture to West | Star Tribune.

for earlier posts on Ales Bialiatski: https://thoolen.wordpress.com/tag/ales-bialiatski/

For 35th time young Human Rights Defenders get together in Montreal for training

June 10, 2014

80 human rights defenders from more than 40 countries gather in Montreal from 8 to 27 June for the International Human Rights Training program organized by Equitas, the Canadian not-for-profit organization founded in 1967. The program is being held on the campus of John Abbott College in Ste-Anne-de-Bellevue. Read the rest of this entry »

Reprisals: States must reduce unacceptable human cost of cooperating with UN

June 6, 2014

The ISHR Monitor of June 2014 contains a good wrap-up of the situation regarding reprisals against Human Rights Defenders written by Eleanor Openshaw under the title: “Reprisals: States must reduce unacceptable human cost of cooperating with UN”.

‘Regrettably, reprisals against persons cooperating with the United Nations, its mechanisms and representatives in the field of human rights continue. ...’ said UN Secretary-General Ban Ki-moon in 2013. In response, the UN Human Rights Council adopted a landmark resolution in September 2013 calling on the Secretary-General to designate a UN-wide senior focal point to combat reprisals. Regrettably, Human Rights Council resolution 24/24 was blocked by the UN General Assembly in New York in December 2013, but NGOs are now calling again on States to revisit the issue as a matter of priority. “The disappearance, arbitrary detention, ill-treatment and death of human rights defender Cao Shunli in retaliation for her efforts to hold China to account for its human rights record at the UN is just one example among many of the unacceptable human cost of cooperating with the UN,’ said Ms Openshaw.

A number of positive recent developments (referred to in earlier blog posts [https://thoolen.wordpress.com/tag/reprisals/]) include a May 2014 decision by the African Commission on Human and Peoples’ Rights in Angola to appoint its own focal point, and a joint statement delivered by Botswana on behalf of 56 States in Geneva in March 2014 recognising that ‘the current response by the UN and the member States in addressing reprisals is inadequate’ and calling on them to ‘address cases of reprisals through a more effective and coordinated approach.‘

‘With the opportunity for the General Assembly to revisit the issue in September, NGOs are urging States to transfer the political will shown on this issue in Angola and Geneva to New York, and achieve an outcome that challenges impunity for the perpetrators of reprisals and increases protection for human rights defenders and others who engage with the UN human rights system,‘ Openshaw said (Program and Advocacy Manager, e.openshaw[at]ishr.ch).

The statement was signed by a coalition of 12 leading international and regional NGOs (of which 8 are members of the MEA Jury or Regional Panel):

  • Amnesty International
  • Association for the Prevention of Torture (APT)
  • Asian Forum for Human Rights and Development (FORUM-ASIA)
  • Cairo Institute for Human Rights Studies
  • Commonwealth Human Rights Initiative
  • Conectas Direitos Humanos
  • Human Rights House Foundation
  • Human Rights Watch
  • International Commission of Jurists
  • International Federation for Human Rights (FIDH)
  • International Service for Human Rights
  • World Organisation Against Torture (OMCT)

full article: Reprisals: States must reduce unacceptable human cost of cooperating with UN | ISHR.