industryterm:human rights law

  • Verso - The Radical origins of international indigenous representation - https://www.versobooks.com/blogs/4329-the-radical-origins-of-international-indigenous-representation

    While Indigenous representation has become a permanent feature at the UN, its radical origins are less well known. The historic 1977 Geneva gathering was preceded by a simpler, but no less monumental, gathering in Standing Rock, along the banks of the Missouri River. In the heat of the Northern Plains summer, 5,000 people from more than ninety-seven different Indigenous nations met from June 8 to 16, 1974. By the end of the week, the International Indian Treaty Council was founded as an international arm of the American Indian Movement (AIM), tasked with gaining international recognition at the UN for Indigenous peoples of the Western Hemisphere. The Treaty Council’s founding document, the “Declaration of Continuing Independence,” foregrounded nationhood and treaty rights as central features of an American Indian political identity. “We condemn the United States of America for its gross violation of the 1868 Fort Laramie Treaty in militarily surrounding, killing, and starving the citizens of the Independent Oglala Nation into exile,” it read, in reference to the brutal crackdown on AIM following their occupation of Wounded Knee in 1973. The Treaty Council appealed to “conscionable nations” to join “in charging and prosecuting the United States of America for its genocidal practices against the sovereign Native Nations; most recently illustrated by Wounded Knee 1973 and the continued refusal to sign the United Nations 1948 Treaty on Genocide.”2 Following the seventy-one-day siege, AIM leadership had been arrested and tied up in court proceedings. Then came the brutal repression under the infamous FBI Counterintelligence Program (COINTELPRO) that nearly destroyed Indigenous, Black, and revolutionary movements in the United States. The strategic turn to international human rights law largely saved the Indigenous movement from utter collapse in a moment of intense state repression.

    #peuples_autochtones #internationalisme #standing_rock

  • Human Rights Double Standard: Iranian Sanctions Impact the Most Vulnerable - JURIST - Commentary - Legal News & Commentary
    https://www.jurist.org/commentary/2019/01/human-rights-double-standard-iranian-sanctions-impact-the-most-vulnerable

    The sanctions thereby openly advocate for interference, which has been labeled the new imperialism. This belief is strengthened by the inability of the authorities to respect human rights as stated in the Iranian constitution (right to life, right to food, gender equality…) due to external obstruction. In such a context, human rights become a luxury, raising doubts about their universality. How can human rights be universal when they are used to coerce a country into forfeiting its sovereignty, thereby supporting a foreign power’s political agenda? It is a double standard practice the Iranian authorities have long complained about.

    Overall, the human rights’ violations of the Iranians living under sanctions illustrate why the United Nations Food Programme has called sanctions “brutal instruments.” It is the powerless and the voiceless citizens that are struck first in the name of human rights. Some scholars and practitioners argue that sanctions will bolster human rights, while the impact is clearly that of a violation of economic and social rights. This is not a schizophrenic attitude towards human rights if one considers the overall aim of the sanctions is to ensure a change of regime that would hopefully respect human rights. This, therefore, creates a double standard, where the United States and the European Union can use international human rights law to criticize the Islamic Republic while simultaneously breaching Iranian citizens’ rights. It begs the question of “which” human rights standards are applicable to Iranians? Should Iranians be punished for a system that exists above and beyond them?

    #sanctions #Iran

  • Democracy not for sale
    The struggle for food sovereignty in the age of austerity in Greece

    19 November 2018
    Report
    Austerity measures led to increased rural poverty and food insecurity in Greece and violated her people’s human right to food. How did this happen and who is responsible?

    This Report examines the impacts of austerity in Greece on the right to food. It concludes that the Greek State and the Eurozone Member States violated the Greek people’s right to food as a result of the austerity measures required by three Memorandums of Understanding (2010, 2012 and 2015). In other words, the austerity packages imposed on Greece contravened international human rights law.

    The share of households with children unable to afford a protein-based meal on a daily basis doubled from 4.7% in 2009 to 8.9% in 2014. EU statistics estimate that 40.5% of children in 2016 faced material and social deprivation.

    Taxes as a proportion of agricultural net value added soared from 4% between 1993 and 2010 to 15.4% in 2016.

    Troika members claim that the sole responsibility for the impacts of the MoUs lies with the Greek State. This argument is false because they, with Greece, were joint signatures of the three MoUs. Therefore, the responsibility for violations of the right to food is a shared one too. Indeed it can be argued that the responsibility of the Eurozone Member States is much bigger, given the evidence of direct interference or even coercion by the Member States of the Troika on Greece to sign the MoUs.

    Eurozone Member States – as States Parties to the International Covenant on Economic, Social, and Cultural Rights and other international human rights instruments – have therefore breached their extraterritorial obligations to respect the human right to food in Greece.

    https://www.tni.org/en/democracy-not-for-sale

    #grèce #austérité #nourriture #UE #EU #souveraineté_alimentaire

  • Felicia Langer. Remembering Israel’s human rights law trailblazer, a Holocaust survivor who called to boycott Israeli products

    A communist labeled ’the terrorists’ attorney,’ Felicia Langer called her clients ‘resistance fighters.’ In 1990 she gave up and left for Germany, where she died over the summer

    Ofer Aderet SendSend me email alerts
    Nov 06, 2018

    https://www.haaretz.com/israel-news/.premium-remembering-israel-s-human-rights-law-trailblazer-1.6632132

    After the Six-Day War, attorney Felicia Langer opened an office near the Old City in Jerusalem and began representing Arabs. Langer was a strange type in the local topography: a Jewish Holocaust survivor with a Polish accent who adhered to European manners and believed in the ideology of communism.
    “Her engagement with Palestinians from the West Bank and Gaza Strip was perhaps the strangest thing in the Middle East,” wrote attorney Michael Sfard. Her acquaintances saw in her a pathfinder in legal battles that advanced the human rights of Palestinians. Her enemies saw in her a traitor and accessory of terrorists.
    >> Holocaust survivor and Palestinians’ rights lawyer Felicia Langer dies in exile at 87
    She was born in the city of Tarnov, Poland in 1930 as Felicia Amalia White. In World War II she fled with her family to the Soviet Union, where her father died. After the war, she returned to the land of her birth and married Holocaust survivor Moshe Langer. In 1950 they immigrated to Israel – “not because of Zionist ideology,” according to her, but to live near her mother.
    Archival documents attest to the tense relationships between her and the Israeli establishment. In 1968 an intelligence officer in the military government in Hebron testified before the Legal Attaché of the West Bank that she “held extreme left-wing opinions.” In 1975, the Foreign Ministry reported that the Shin Bet security service viewed her legal activities as being guided by political motivations to harm “the state and the image of the state.” She faced threats to her life throughout her career. Occasionally, she felt compelled to hire a bodyguard.
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    Langer fought the expulsion of Palestinian leaders, housing demolitions of terror suspects, administrative detentions (imprisonment without charges), and torture. “She never hesitated to accuse the establishment of crimes and to represent her clients as victims of an evil regime,” wrote Sfard.

    When they called her “the defense attorney of terrorists,” she replied that her clients were not terrorists, but “resistance fighters.” “A people under occupation has the right to wage violent struggle,” she said. Among her famous clients was the mayor of Nablus, Bassam Shakaa, one of the leaders of resistance to the occupation, whose expulsion Langer succeeded in preventing. Other clients included the parents of the attackers of Bus 300, who sought to sue the state for killing their sons, and a young Dutch woman who was detained at Ben-Gurion International Airport after she gathered intelligence for the Popular Front for the Liberation of Palestine. Langer maintained that she was just a “small cog.”
    In 1990, she immigrated to Germany, after handling what she estimated to have been 3,000 cases. “I could no longer help the Palestinian victims in the framework of the existing legal system and its flouting of international law, which is supposed to protect the people that I defended,” she said in an interview with Eran Torbiner. “It is forbidden to be silent; silence also can kill,” she said, in explaining her call for the boycott of Israeli goods. As a German citizen, she called on Germany to fight the occupation.
    Langer lived in Tübingen, teaching and writing books. Critics were angered by her comparison of Israel to the Nazis, and accused her of hypocrisy for ignoring the crimes of communist regimes. When she was asked once to describe her “love of homeland,” she answered: “Hatred of occupation.” In June, Langer died of cancer at age 87.

    Ofer Aderet
    Haaretz Correspondent

  • Bots at the Gate A Human Rights Analysis of Automated Decision. Making in Canada’s Immigration and Refugee System

    A new report from the Citizen Lab and the International Human Rights Program at the University of Toronto’s Faculty of Law investigates the use of artificial intelligence and automated decision-making in Canada’s immigration and refugee systems. The report finds that use of automated decision-making technologies to augment or replace human judgment threatens to violate domestic and international human rights law, with alarming implications for the fundamental human rights of those subjected to these technologies.

    The ramifications of using automated decision-making in the sphere of immigration and refugee law and policy are far-reaching. Marginalized and under-resourced communities such as residents without citizenship status often have access to less robust human rights protections and less legal expertise with which to defend those rights. The report notes that adopting these autonomous decision-making systems without first ensuring responsible best practices and building in human rights principles at the outset may only exacerbate pre-existing disparities and can lead to rights violations including unjust deportation.

    Since at least 2014, Canada has been introducing automated decision-making experiments in its immigration mechanisms, most notably to automate certain activities currently conducted by immigration officials and to support the evaluation of some immigrant and visitor applications. Recent announcements signal an expansion of the uses of these technologies in a variety of immigration decisions that are normally made by a human immigration official. These can include decisions on a spectrum of complexity, including whether an application is complete, whether a marriage is “genuine”, or whether someone should be designated as a “risk.”

    The report provides a critical interdisciplinary analysis of public statements, records, policies, and drafts by relevant departments within the Government of Canada, including Immigration, Refugees and Citizenship Canada, and the Treasury Board of Canada Secretariat. The report additionally provides a comparative analysis to similar initiatives occurring in similar jurisdictions such as Australia and the United Kingdom. In February, the IHRP and the Citizen Lab submitted 27 separate Access to Information Requests and continue to await responses from Canada’s government.

    The report concludes with a series of specific recommendations for the federal government, the complete and detailed list of which are available at the end of this publication. In summary, they include recommendations that the federal government:

    1. Publish a complete and detailed report, to be maintained on an ongoing basis, of all automated decision systems currently in use within Canada’s immigration and refugee system, including detailed and specific information about each system.

    2. Freeze all efforts to procure, develop, or adopt any new automated decision system technology until existing systems fully comply with a government-wide Standard or Directive governing the responsible use of these technologies.

    3. Adopt a binding, government-wide Standard or Directive for the use of automated decision systems, which should apply to all new automated decision systems as well as those currently in use by the federal government.

    4. Establish an independent, arms-length body with the power to engage in all aspects of oversight and review of all use of automated decision systems by the federal government.

    5. Create a rational, transparent, and public methodology for determining the types of administrative processes and systems which are appropriate for the experimental use of automated decision system technologies, and which are not.

    6. Commit to making complete source code for all federal government automated decision systems—regardless of whether they are developed internally or by the private sector—public and open source by default, subject only to limited exceptions for reasons of privacy and national security.

    7. Launch a federal Task Force that brings key government stakeholders alongside academia and civil society to better understand the current and prospective impacts of automated decision system technologies on human rights and the public interest more broadly.


    https://citizenlab.ca/2018/09/bots-at-the-gate-human-rights-analysis-automated-decision-making-in-canad
    #frontières #surveillance #migrations #catégorisation #tri #Droits_Humains #rapport #Canada #réfugiés #protection_des_données #smart_borders #frontières_intelligentes #algorithme #automatisme
    signalé par @etraces sur seenthis

  • How to Counter Donald Trump’s War on the Media | The New Yorker
    https://www.newyorker.com/news/news-desk/how-to-counter-donald-trumps-war-on-the-media

    Trump has attempted to delegitimize the entire fact-based press in the eyes of his supporters. “Stick with us,” he said in a speech last week. “Don’t believe the crap you see from these people, the fake news . . . What you’re seeing and what you’re reading is not what’s happening.” George Orwell gets quoted too liberally these days, but, as the national security expert David Priess pointed out, these statements were Orwellian in the extreme. (“The party told you to reject the evidence of your eyes and ears. It was their final, most essential command.”) And, judging by Trump’s steady approval ratings and the large crowds at his rallies, many people are willing to take him at his word.

    What can be done about all this? The first thing is to recognize it for what it is: a reckless descent into the demagoguery, misinformation, and incitement that are normally associated with authoritarian regimes. In a statement on Thursday, two United Nations experts on freedom of expression warned, of Trump’s comments about the media, “These attacks run counter to the country’s obligations to respect press freedom and international human rights law.” They added, “We are especially concerned that these attacks increase the risk of journalists being targeted with violence.”

    #Médias #Liberté_expression

  • OHCHR | UN human rights expert condemns horrific violence in #Gaza
    http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23087&LangID=E

    “I must reiterate that international human rights law sets strict prohibitions on the use of force by law enforcement officials. Lethal force against demonstrators is prohibited unless strictly unavoidable in the case of an imminent threat to life or threat of serious injury. The killing of demonstrators in violation of these rules, and within the context of #occupation, may amount to willful killing, a grave breach of the Fourth Geneva Convention, as well as a war crime.”

    #crimes #Israel #assassinats

  • Do we need new international law for autonomous weapons?
    https://www.defensenews.com/unmanned/2018/04/10/do-we-need-new-international-law-for-autonomous-weapons

    As the United States, Russia and China continue to push forward in their development of unmanned autonomous weapon systems, questions surrounding how these new weapons will be governed and regulated are becoming more salient.

    This week, parties to the Convention on Certain Conventional Weapons (CCW) will be meeting at the Hague to discuss the definition of “meaningful human control,” a term that is central to the ongoing regulation discussion.

    But for some legal experts, the bigger question is “whether the international community as a whole will demand compliance with any legal developments in Geneva on autonomous weapons, or compliance with the existing law we already have that’s implicated with this new technology,” Mary Ellen O’Connor, professor of law at the Notre Dame Law School, said last Thursday during a keynote address at the Brookings Institution. “We have the UN charter and other principles restricting the use of military force, we have principles of international humanitarian law to govern combat on the battlefield and we have human rights law. It’s all relevant.”

    We’re running out of time to stop killer robot weapons.
    https://www.theguardian.com/commentisfree/2018/apr/11/killer-robot-weapons-autonomous-ai-warfare-un

    It’s five years this month since the launch of the Campaign to Stop Killer Robots, a global coalition of non-governmental groups calling for a ban on fully autonomous weapons. This month also marks the fifth time that countries have convened at the United Nations in Geneva to address the problems these weapons would pose if they were developed and put into use.

    The countries meeting in Geneva this week are party to a major disarmament treaty called the Convention on Certain Conventional Weapons. While some diplomatic progress has been made under that treaty’s auspices since 2013, the pace needs to pick up dramatically. Countries that recognise the dangers of fully autonomous weapons cannot wait another five years if they are to prevent the weapons from becoming a reality.

    Fully autonomous weapons, which would select and engage targets without meaningful human control, do not yet exist, but scientists have warned they soon could. Precursors have already been developed or deployed as autonomy has become increasingly common on the battlefield. Hi-tech military powers, including China, Israel, Russia, South Korea, the UK and the US, have invested heavily in the development of autonomous weapons. So far there is no specific international law to halt this trend.

  • OHCHR | UN rights experts alarmed by detention of Palestinian girl for slapping Israeli soldier
    http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22654&LangID=E

    “The Convention on the Rights of the Child, which Israel has ratified, clearly states that children are to be deprived of their liberty only as a last resort, and only for the shortest appropriate period of time,” said Michael Lynk, the Special Rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967.

    None of the facts of this case would appear to justify her ongoing detention prior to her trial, particularly given the concerns expressed by the Committee on the Rights of the Child about the use of pre-trial detention and detention on remand.”

    [...]

    They noted that Tamimi was arrested in the middle of the night by well-armed soldiers, and then questioned by Israeli security officials without a lawyer or family members present. “This violates the fundamental legal guarantee to have access to counsel during interrogation,” said José Guevara, Chair of the Working Group on Arbitrary Detention.

    The experts also expressed concern about her place of detention - Hasharon prison in Israel - in violation of the Fourth Geneva Convention which states that the deportation of protected persons from occupied territory to the territory of the occupying power, or to that of any other country, is prohibited, regardless of the motive.

    “Sadly, this is not an isolated case,” said Lynk. “Figures from Palestine show that Israel detains and prosecutes between 500 to 700 Palestinian children in military courts annually.

    “We have received reports that these children are commonly mistreated while in detention, subjected to both physical and psychological abuse , deprived of access to lawyers or family members during interrogation, and tried under a military court system in which there are significant concerns regarding independence and impartiality, and which has a worryingly high conviction rate.” In this respect, the experts referred to various opinions on Israel adopted by the Working Group on Arbitrary Detention which have emphasized the right of children to be tried by a juvenile justice system rather than before military tribunals, in accordance with relevant international human rights law.

    #Crimes #Israel #impunité #Tamimi #enfants

  • #Cambodia: Appeal Court should overturn unfair conviction of land rights defender #TepVanny, say international CSOs

    We, the undersigned, call on the Court of Appeal to overturn the unjust conviction of Ms. #Tep_Vanny on charges of intentional violence with aggravating circumstances based on her peaceful activism at a 2013 protest, for which she received a draconian sentence of two years and six months’ imprisonment on 23 February 2017. The Court of Appeal will hear Ms. Tep Vanny’s appeal against conviction tomorrow, 27 July 2017. On 15 August 2017, Ms. Tep Vanny will have spent one year in detention; her imprisonment is a clear attempt to silence one of Cambodia’s most fearless and outspoken defenders of human rights ahead of the national elections in July 2018.
    Tomorrow’s appeal is one of three previously dormant years-old cases punitively reactivated against Ms. Tep Vanny. In August 2016 the prosecutor of the Phnom Penh Municipal Court reactivated the long-
    dormant charges of intentional violence with aggravating circumstances against Ms. Tep Vanny while she was in pre-trial detention prior to her spurious conviction on other charges for taking part in a “#Black_Monday” protest to call for the release of the “#Freethe5KH” detainees,1 who were being held in arbitrary
    pre-trial detention at the time.2 The case under appeal dates back to Ms. Tep Vanny’s participation in a 2013 peaceful protest in front of Prime Minister Hun Sen’s house, during which a group of #Boeung_Kak_Lake activists called for the release of a detained fellow community member. This protest had ended in violence against protesters at the hands of Daun Penh security guards, in which Ms. Tep Vanny herself was injured.
    On 23 February 2017, Ms. Tep Vanny was convicted on these charges and sentenced to 30 months in prison and a fine of five million riel (about US$1,250), as well as being ordered to pay compensation totaling nine million riel (about US$2,250) to the plaintiffs, two Daun Penh security guards.
    Ms. Tep Vanny’s trial did not comply with international standards for fair trial rights: no credible evidence was presented to justify the charges against her and neither the plaintiffs nor any prosecution witnesses gave live testimony at either of the two hearings; instead only written statements were provided, preventing cross-examination. Community members outside the court faced unprovoked violence from para-police and, following delivery of the verdict, riot police entered the court room and physically restrained a number of defense witnesses.3
    The re-opening of these charges appears to be a politically motivated attempt to restrict and punish Ms. Tep Vanny’s work as a land activist and human rights defender, as part of the Cambodian authorities’
    ongoing crackdown on dissenting voices. Peaceful assembly and free expression are not crimes, and human rights defenders should not be penalized for peacefully exercising their fundamental freedoms. We call on the Court of Appeal to exercise its independence and rectify the injustice of Ms. Tep Vanny’s flawed trial by overturning her conviction and sentence. We call on the Cambodian authorities to cease their judicial harassment of Ms. Tep Vanny, as well as other Boeung Kak Lake activists, and to release her from prison.


    http://cchrcambodia.org/index_old.php?title=-CSOs-call-on-Appeal-Court-to-overturn-the-unjust-conviction-of-land-activist-and-human-rights-defender-Tep-Vanny&url=media/media.php&p=press_detail.php&prid=668&id=5&lang=eng
    #Cambodge #droits_humains #détention #détention_arbitraire #répression #résistance

  • Shocking new evidence could overturn Northern Ireland ruling that became an international blueprint for torture | openDemocracy
    https://www.opendemocracy.net/uk/tom-griffin/shocking-new-evidence-could-overturn-northern-ireland-ruling-that-bec

    British forces in Northern Ireland used waterboarding and electric shock treatment on detainees during the 1970s, newly uncovered files show. Witness statements and internal Whitehall correspondence released for the first time last month could have significant implications for international human rights law and British-Irish relations.

    One victim of waterboarding in Belfast spoke out publicly about his experience for the first time at following the recovery of his original testimony from 1972, which recounts that he ‘felt like I was drowning or suffocating until I fell on the floor unconscious’

    The documents were revealed at an event in London to mark the International Day in Support of Victims of Torture on 26 June, hosted by Matrix Chambers, along with the Pat Finucane Centre, the Committee on the Administration of Justice (CAJ) and Amnesty International.

    They add to growing evidence that interrogation practices in Northern Ireland went beyond those criticised by the European Court of Human Rights in the 1978 case of Ireland v. the United Kingdom. The so-called ‘five techniques’ examined in that judgement included deprivation of sleep, deprivation of food and drink, stress positions, hooding and subjection to ‘white noise’.

    Although the European Court condemned these practices as ‘inhuman and degrading’ it refused to describe them as torture. This paradoxically opened the way for the ruling to be used as a blueprint by interrogators, notably in the ‘torture memos’ drafted by the Deputy Assistant Attorney General of the US John Yoo to justify practices used during the earliest phase of the ‘War on Terror’.

  • Hungary will cease providing Kiskunhalas asylum-seekers with food by end of April

    Refugees at the #Kiskunhalas camp in southern Hungary have been notified that soon they will no longer receive any food or stipends for purchasing food.


    http://budapestbeacon.com/featured-articles/hungary-will-cease-providing-kiskunhalas-asylum-seekers-food-end-april/46180
    #camps_de_réfugiés #Hongrie #asile #migrations #réfugiés #nourriture #it_has_begun

    • Hungary denying food to asylum seekers, say human rights groups

      Some adults whose claims were rejected went without food for up to five days, claim activists.

      Hungarian authorities are systematically denying food to failed asylum seekers detained in the country’s border transit zones, say rights activists.

      The policy, whereby adults whose asylum claims have been rejected are denied food, was described as “an unprecedented human rights violation in 21st-century Europe” by the Hungarian Helsinki Committee, a human rights organisation working to offer legal support to those in the transit zones.

      It may amount to “inhuman treatment and even to torture” under international human rights law, said the organisation in a statement released this week. It documented eight cases involving 13 people this year when the Hungarian authorities had begun providing food to people only after the European court of human rights had intervened. Some went without food for up to five days before the rulings were granted.

      Hungary’s nationalist prime minister, Viktor Orbán, has built his political programme around being tough on migration and demonising refugees and migrants. In 2015, he ordered a fence built along the country’s southern border with Serbia and regularly rails against the danger of migration in his speeches. A tax has been imposed on NGOs who work on migration-related issues.

      The Hungarian authorities only accept asylum applications from a small quota of people allowed into its border transit zones, and a July ruling last year made it even harder to satisfy the requirements, noting that anyone who had arrived in Hungary from a safe country was automatically ineligible. Most people arrive from Serbia, which is considered safe.

      Orbán’s spokesman, Zoltán Kovács, dismissed criticism of the policy of withholding food, saying the authorities provided “everything for people who have a legal right to stay in the transit zone”, but added that food would not be provided for those who had been tested and found to be ineligible. “It’s a businesslike approach. When business is finished, there’s nothing we can do,” he said.

      Kovács said the government still provided asylum or the right to stay for people who come with “not only a story but real proof” their lives were in danger. Last year, Hungarian authorities accepted 349 applications made through the transit zone, mainly from Afghanistan, Iraq and Syria, though it is not clear how many of these came before the July ruling on safe countries.

      Kovács said when people’s asylum claims were rejected they were free to leave the transit zone and return to Serbia. “There is no free meal for anyone,” he said in an interview last year.

      However, Hungary and Serbia have no readmission agreement, meaning those in the transit zone cannot be legally deported.

      “The idea is that if you make people hungry enough, you’ll force them to go back to Serbia,” said Márta Pardavi, the co-chair of the Hungarian Helsinki Committee. “This would mean they enter Serbia in a way that is completely unauthorised by Serbian authorities.”

      Orbán’s Fidesz party is campaigning on an anti-migration platform for European parliament elections next month. In this climate, all discussions of migration-related issues retain a political dimension, with organisations such as the Hungarian Helsinki Committee denounced in government-linked media.

      The independent Hungarian MP Bernadett Szél criticised the detention of children in the border transit zones after visiting one of the holding centres earlier this month. “They are locked between fences topped with barbed wire. And there is a lot of dust everywhere … I think the government is not allowing us to take photos inside because people would feel pity for these kids if they saw them.”

      https://www.theguardian.com/world/2019/apr/26/hungary-denying-food-to-asylum-seekers-say-human-rights-groups

    • Hungary continues to starve detainees in the transit zones

      23 April 2019

      Hungary started to deprive of food some third-country nationals detained in the transit zones started in August 2018. After 5 such cases successfully challenged by the HHC with obtaining interim measures from the European Court of Human Rights (ECtHR), the Hungarian Immigration and Asylum Office (IAO) promised in August 2018 to discontinue this practice and provide food to all asylum-seekers in the transit zone. While welcoming the announcement to end starvation, the HHC also warned already in August 2018 that unless the legal framework is amended to clearly stipulate the requirement to provide food to all those detained in the transit zone, similar cases will occur in the future. Less than 6 months later, on 8 February 2019, an Iraqi family of five was informed that the parents would not be given food while detained in the transit zone. The IAO actually refused to provide the parents with food for 5 days, until the HHC secured an interim measure from the ECtHR that ordered the Hungarian authorities to immediately stop this practice.

      Between February 2019 and the 23rd of April 2019, the HHC had to request interim measures on a case-by-case basis in a total of 8 cases, pertaining to 13 starved people in the transit zones, bringing the total number of starvation cases since August 2018 to 13, and that of the affected individuals to 21.

      You can read our full information note, including the summaries of cases here: https://www.helsinki.hu/wp-content/uploads/Starvation-2019.pdf

      https://www.helsinki.hu/en/hungary-continues-to-starve-detainees-in-the-transit-zones
      #zones_de_transit

    • La Commission saisit la Cour d’un recours contre la Hongrie pour incrimination des activités de soutien aux demandeurs d’asile et ouvre une nouvelle procédure d’infraction pour refus de nourriture dans les zones de transit

      La Commission européenne a décidé aujourd’hui de saisir la Cour de justice de l’UE d’un recours contre la Hongrie portant sur sa législation qui incrimine les activités de soutien aux demandes d’asile et qui restreint davantage encore le droit de demander l’asile. La Commission a également décidé d’adresser une lettre de mise en demeure à la Hongrie concernant le refus de nourriture aux personnes en attente d’un retour qui sont placées en rétention dans les zones de transit hongroises à la frontière avec la Serbie. Une autre décision prise aujourd’hui concerne la saisine de la Cour de justice de l’UE d’un recours contre la Hongrie au motif que cet État membre exclut de l’exercice de la profession de vétérinaire les ressortissants de pays tiers ayant le statut de résident de longue durée.

      Saisine de la Cour pour incrimination des activités de soutien aux demandes d’asile et de séjour

      En juillet 2018, la Commission a adressé une lettre de mise en demeure à la Hongrie concernant la législation « Stop Soros » qui érige en infractions pénales les activités visant à soutenir les demandes d’asile et de séjour et restreint davantage encore le droit de demander l’asile. Ayant reçu une réponse insatisfaisante, la Commission y a donné suite par un avis motivé en janvier 2019. Après avoir analysé la réponse des autorités hongroises, la Commission a, en effet, considéré que la plupart des préoccupations exprimées n’avaient toujours pas été prises en compte et a décidé de saisir la Cour de justice de l’UE d’un recours contre la Hongrie. Plus particulièrement, la Commission estime que la législation hongroise est contraire au droit de l’Union en ce qui concerne les points suivants :

      Érection en infraction pénale du soutien aux demandeurs d’asile : en incriminant le soutien aux demandes d’asile, la législation hongroise restreint le droit des demandeurs d’asile de communiquer avec les organisations nationales, internationales et non gouvernementales concernées et d’être assistés par elles, ce qui enfreint la directive sur les procédures d’asile et la directive sur les conditions d’accueil.
      Limitation illégale du droit d’asile et introduction de nouveaux motifs d’irrecevabilité des demandes d’asile : la nouvelle législation et la modification constitutionnelle concernant l’asile ont instauré de nouveaux motifs pour lesquels une demande d’asile peut être déclarée irrecevable, restreignant ainsi le droit d’asile aux seules personnes qui arrivent en Hongrie en provenance directe d’un lieu où leur vie ou leur liberté sont menacées. Ces motifs d’irrecevabilité supplémentaires applicables aux demandes d’asile excluent les personnes entrées en Hongrie en provenance d’un pays où elles n’étaient certes pas persécutées mais où les conditions ne sont pas réunies pour que ce pays puisse être considéré comme un « pays tiers sûr ». Par conséquent, ces motifs d’irrecevabilité limitent le droit d’asile d’une manière qui n’est pas compatible avec le droit de l’Union ou le droit international. À ce titre, la réglementation nationale enfreint la directive sur les procédures d’asile, la directive sur les conditions que doivent remplir les demandeurs d’asile et la charte des droits fondamentaux de l’Union européenne.

      Lettre de mise en demeure concernant la situation des personnes soumises à un retour placées en rétention dans les zones de transit hongroises

      La Commission européenne a décidé aujourd’hui d’adresser une lettre de mise en demeure à la Hongrie portant sur la situation des personnes retenues dans les zones de transit hongroises à la frontière avec la Serbie, dont les demandes de protection internationale ont été rejetées et qui sont contraintes de retourner dans un pays tiers.

      De l’avis de la Commission, leur séjour obligatoire dans les zones de transit hongroises relève de la rétention en vertu de la directive européenne sur le retour. La Commission constate que les conditions de rétention dans les zones de transit hongroises, en particulier le refus de nourriture, ne sont pas conformes aux conditions matérielles prescrites par la directive « retour » et par la charte des droits fondamentaux de l’Union européenne.

      Compte tenu de l’urgence de la situation, le délai imparti à la Hongrie pour répondre aux préoccupations de la Commission est fixé à 1 mois, après quoi la Commission pourrait décider de lui adresser un avis motivé.

      La Cour européenne des droits de l’homme a déjà accordé le bénéfice de mesures provisoires dans plusieurs cas, obligeant la Hongrie à procurer de la nourriture aux personnes placées en rétention dans les zones de transit. En juillet 2018, la Commission a saisi la Cour de justice d’un recours dirigé contre la Hongrie dans une affaire relative à la rétention de demandeurs d’asile dans les zones de transit hongroises. Cette affaire est actuellement pendante devant la Cour.

      Saisine de la Cour de justice pour non-respect de la législation de l’Union relative aux résidents de longue durée

      La Commission européenne a décidé aujourd’hui de saisir la Cour de justice de l’UE d’un recours contre la Hongrie au motif que cet État membre exclut de l’exercice de la profession de vétérinaire les ressortissants de pays tiers ayant le statut de résident de longue durée, transposant ainsi erronément certaines dispositions de la directive relative aux résidents de longue durée (directive 2003/109/CE du Conseil). Cette directive exige que les ressortissants de pays tiers qui résident légalement dans un État membre de l’UE depuis au moins cinq ans bénéficient d’un traitement égal à celui des ressortissants nationaux dans certains domaines, y compris l’accès aux activités salariées et indépendantes. La Commission a adressé une lettre de mise en demeure à la Hongrie en juillet 2018 et y a donné suite par l’envoi d’un avis motivé en janvier 2019.

      http://europa.eu/rapid/press-release_IP-19-4260_fr.htm

  • Poland : Asylum Seekers Blocked at Border

    (Budapest) – Polish authorities routinely deny asylum seekers at the Belarus-Poland border the right to apply for asylum and instead summarily return them to Belarus, Human Rights Watch said today. Since 2016, large numbers of asylum seekers, mostly from the Russian Republic of Chechnya, but also from Tajikistan and Georgia, have tried to apply for asylum in Poland at the border with Belarus.


    https://www.hrw.org/news/2017/03/01/poland-asylum-seekers-blocked-border
    #Pologne #asile #migrations #réfugiés #fermeture_des_frontières #Biélorussie #frontières #push-back #refoulement

    –-> @reka : une autre frontière à épaissir sur les cartes...

    • Libya signs borders control agreement with southern neighboring countries

      Libya’s Foreign Ministry announced that Libya had signed an agreement with its southern neighboring countries Niger, Chad and Sudan to secure the joint borders against human trafficking and weapons smuggling.

      The Foreign Minister Mohammed Sayala signed on Thursday in the capital of Chad N’Djamena the agreement which will help jointly secure the borders, according to the ministry’s statement.

      “Libya is working on supporting joint relations between the four countries and is keen to support all efforts to combat terrorism, transnational organized crime, smuggling of all kinds, illegal migration, mercenaries, arms smuggling, and smuggling of all kinds of subsidized commodities and petroleum derivatives." Sayala said, according to the statement.

      Libya has lately announced the launching of a new operation to combat IS remaining militants and to fight the threats to the security and chaos caused by criminals, smugglers and human traffickers.

      https://www.libyaobserver.ly/news/libya-signs-borders-control-agreement-southern-neighboring-countries
      #Niger #Soudan #accord

    • Subject: Sudanese Rapid Support Forces as beneficiaries of EU funds

      The Sudanese government has deployed its militia, the #Rapid_Support_Forces (#RSF), at the borders with Libya to prohibit irregular migration and combat human trafficking. The RSF’s crimes against humanity and war crimes are well documented (i.a. by the International Criminal Court). Amnesty International reports that the Sudanese government may also have used chemical weapons against civilians in Darfur in 2016.

      The EU cooperates with the Sudanese government in the area of migration, notably through the project ‘Better Migration Management (Khartoum Process)’ and, according to the relevant Action Fiche, provides i.a. capacity building support to front-line officials. The Action Fiche lists ‘provision of equipment and trainings to sensitive national authorities diverted for repressive aims’ as a risk. However, it does not indicate any direct mitigation measure to address this.

      1. Are the RSF direct or indirect beneficiaries of EU funds in the context of this or any other project?

      2. Does the EU consider the RSF eligible for future EU capacity-building projects in support of security and development (CBSD)?

      3. Why are there no direct mitigation measures to counter the serious risk inherent in this project, and how will the EU ensure compliance with international humanitarian law and international human rights law, and prevent complicity in serious human rights abuses, war crimes and crimes against humanity?

      http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+WQ+E-2016-007564+0+DOC+XML+V0//EN
      #processus_de_khartoum

  • Palestinian poet and artist Ashraf Fayadh sentenced to death in Saudi Arabia (Updated) – Mondoweiss

    http://mondoweiss.net/2016/01/palestinian-scheduled-execution

    According to the Guardian ’-(voir le lien ci-dessous) a panel of judges will considering an appeal in Fayadh’s case next week.

    The Palestinian artist, curator, and poet Ashraf Fayadh, 35, has been sentenced to death by beheading. Saudi Arabian authorities have declared his crime as “apostasy,” or abandoning one’s religion—in this case, renouncing Islam. Several other charges were also leveled against Fayadh, including allegedly photographing women and storing their pictures on his phone, a violation of the country’s Anti-Cyber Crime Law. He pleaded his innocence to all the charges. Amnesty International UK states that, “Throughout this whole process, Ashraf was denied access to a lawyer—a clear violation of international human rights law, as well as Saudi Arabia’s national laws.”

    –----

    Writers join worldwide action to protest Palestinian poet’s death sentence in Saudi Arabia | Books | The Guardian

    http://www.theguardian.com/books/2016/jan/14/writers-join-worldwide-action-to-protest-palestinian-poets-death-senten

    Writers join worldwide action to protest Palestinian poet’s death sentence in Saudi Arabia

    Hundreds of writers in 44 countries take part in coordinated readings to support Ashraf Fayadh, condemned to death for allegedly promoting atheism

    Thursday 14 January 2016 06.00 GMT
    Last modified on Thursday 14 January 2016 13.04 GMT

    Hundreds of writers including Irvine Welsh, Ruth Padel and AL Kennedy are taking part in a worldwide reading in support of the Palestinian poet Ashraf Fayadh, who has been sentenced to death in Saudi Arabia after being accused of renouncing Islam.

    #arabie_saoudite #Ashraf_Fayadh

  • Palestine News & Info Agency - WAFA - Update : Israeli Soldiers Release Ex-Hunger Striking Prisoner Khader Adnan
    4-1-2016 - 22:27
    http://english.wafa.ps/index.php?action=detail&id=30344

    JENIN, January 4, 2016 (WAFA) – Israeli forces Monday released former hunger striking prisoner, Khader Adnan, 42, from Araba, southwest of Jenin, after being detained for few hours at a flying military checkpoint near the town of Silwad, east of Ramallah.

    Adnan’s family informed WAFA that Israeli soldiers detained him while on his way to offer condolences for Silwad’s Palestinians who were killed under pretext of attacks against Israeli targets, and to participate in a solidarity protest with prisoners at al-Manara Square in Ramallah.

    Witnesses told WAFA Israeli soldiers forcefully stopped all vehicles without any prior warning for about 45 minutes and prevented anyone from advancing or turning around.

    Adnan was ordered to leave the vehicle he was riding with another man and was taken to an unknown destination.

    According to a Palestinian woman who was present during the incident, a taxi driver tried to turn around to avoid being held for a long time, but the soldiers took the taxi’s keys to ensure he waits along.

    Although international human rights law requires Israel to respect the right of Palestinians to move about freely in the occupied Palestinian territory, Israel continues to violate their rights to move freely on a daily basis.

    #Khader_Adnan

  • The New York Times and Washington Post are ignoring civilians killed by US drone strikes
    http://theconversation.com/the-new-york-times-and-washington-post-are-ignoring-civilians-kille

    In order to determine whether the NYT and WP placed the drone strikes in their international legal context, I searched the 81 NYT and 26 WP articles to see if they referred to any of the following terms: human rights, international human rights law, international humanitarian law, laws of war and laws of armed conflict.

    In the 81 NYT articles, human rights were mentioned five times – a rate of 6%. In the 26 WP articles, human rights were mentioned once – a rate of 3.8%.

    Neither the NYT nor the WP mentioned international human rights law.

    Neither of the newspapers referred to international humanitarian law, or either of its interchangeable titles, a single time.

    The Obama administration’s lack of transparency and dismal reporting by the nation’s top newspapers combine to protect the administration from accountability for the civilians killed during its drone strikes.

    Without government transparency and accurate reporting, whistle-blowers, like the source of the Intercept’s “Drone Papers,” are the only source for information that will allow us to understand the real consequences of the drone strikes.

    #msm

  • Si j’ai bien compris, aujourd’hui l’UE discute de la possibilité de détruire les bateaux de #passeurs en Méditerranée pour prévenir les naufrages (sic). Je vais utiliser le tag #destruction_de_bateaux, à moins que quelqu’un n’ait une meilleure idée...
    Mediterranean migrants are not slaves – do not pervert history to justify military action

    EU leaders have accepted that using force will kill adults and children boarding boats in Libya. This is no high-minded crusade


    http://www.theguardian.com/commentisfree/2015/may/17/mediterranean-migrants-slaves-history-military-action-eu-leaders-libya
    #destruction #bateaux #Méditerranée #stratégie #EU #Europe #asile #migration #réfugiés #naufrage

  • Controversy Swirls Around NYU Law Professor Involved in Obama’s Drone Program
    http://www.newsweek.com/controversy-swirls-around-nyu-law-professor-involved-obamas-drone-program-

    While working for the Obama administration, Koh was the most public legal defender of the president’s drone strike program. Last month, a petition was circulated at NYU Law—one of the top law schools in the country—that called Koh’s teaching of international human rights law for the 2014-1015 academic year “unacceptable.”

  • Snowden : le monde lui doit un immense merci

    UK-US surveillance regime was unlawful ‘for seven years’ | UK news | The Guardian

    http://www.theguardian.com/uk-news/2015/feb/06/gchq-mass-internet-surveillance-unlawful-court-nsa

    The regime that governs the sharing between Britain and the US of electronic communications intercepted in bulk was unlawful until last year, a secretive UK tribunal has ruled.

    The Investigatory Powers Tribunal (IPT) declared on Friday that regulations covering access by Britain’s GCHQ to emails and phone records intercepted by the US National Security Agency (NSA) breached human rights law.

    –—

    http://www.nrk.no/verden/_-verden-skylder-ham-stor-takk-1.12194407

    Verden skylder ham stor takk

    l’agence de renseignement britannique et le renseignement américain (NSA) échangé des informations sensibles de la surveillance des e-mails et appels téléphoniques pendant des années. Ils ont suivi un système qui a enfreint la loi, fermèrent la Colombie Le Tribunal d’investigation Pouvoirs aujourd’hui fixe.

    #snowden

  • #Hot_returns. When the State acts outside the law. Legal report.

    “Hot returns” is the term coined popularly to the action carried out by the law enforcement authorities and consists of handing the foreign citizens who have been intercepted by those authorities in the area under Spanish sovereignty over to the Moroccan authorities on a de facto basis without carrying out the legally established procedures or meeting the internationally acknowledged guarantees. Images, witnesses and other numerous sources with evidential value accredit such practices in the cities of Ceuta” and Melilla and the small islands under Spanish sovereignty.

    This report is aimed at (I) establishing that “hot returns” breach the immigration legislation (II) and the lack of a legal basis of the Spanish Ministry of the Interior’s attempts to justify the “hot returns” based on the concept of an “operational” border (III), the irregular entry through unauthorised border posts (IV) and the agreement between Spain and Morocco regarding the circulation of people, transit and readmission of foreigners who enter illegally (V). Likewise, this report sets out the reasons why a possible reform of the immigration legislation to provide legal coverage to these types of practices would contravene EU regulations and international human rights law, which would expressly discredit them (VI). This report ends with reflections about the criminal implications for those who order, execute or allow “hot returns”

    http://eprints.ucm.es/27221

    #Ceuta #Melilla #expulsion #refoulement #Maroc #Espagne #migration #frontière #réfugiés #asile #devoluciones_en_caliente

  • Exclusive : U.S. Boycotts U.N. #Drone Talks
    http://thecable.foreignpolicy.com/posts/2014/03/19/exclusive_us_boycotts_un_drone_talks

    Pakistan is trying to push a resolution through the United Nations Human Rights Council that would trigger greater scrutiny of whether U.S. drone strikes violate international human rights law. Washington, though, doesn’t want to talk about it.

    The Pakistani draft, which was obtained by Foreign Policy, urges states to “ensure transparency” in record-keeping on drone strikes and to “conduct prompt, independent and impartial investigations whenever there are indications of any violations to human rights caused by their use.” It also calls for the convening of “an interactive panel discussion” on the use of drones.

    The Geneva-based human rights council held its third round of discussions about the draft on Wednesday, but the Obama administration boycotted the talks.

    The White House decision to sit out the negotiations is a departure from the collaborative approach the administration promised to take when it first announced plans to join the Human Rights Council in March 2009.

    #crimes #états-unis

  • #Amnesty says US officials should face war crimes charges over #drone strikes | World news | The Guardian
    http://www.theguardian.com/world/2013/oct/22/amnesty-us-officials-war-crimes-drones

    US officials responsible for the secret CIA drone campaign against suspected terrorists in Pakistan may have committed war crimes and should stand trial, a report by a leading human rights group warns. Amnesty International has highlighted the case of a grandmother who was killed while she was picking vegetables and other incidents which could have broken international laws designed to protect civilians.

    The report is issued in conjunction with an investigation by Human Rights Watch detailing missile attacks in Yemen which the group believes could contravene the laws of armed conflict, international human rights law and Barack Obama’s own guidelines on drones.

    The reports are being published while Nawaz Sharif, Pakistan’s prime minister, is in Washington. Sharif has promised to tell Obama that the drone strikes – which have caused outrage in Pakistan – must end.

    But Amnesty mounted a major effort to investigate nine of the many attacks to have struck the region over the last 18 months, including one that killed 18 labourers in North Waziristan as they waited to eat dinner in an area of heavy Taliban influence in July 2012. All those interviewed by Amnesty strongly denied any of the men had been involved in militancy. Even if they were members of a banned group, that would not be enough to justify killing them, the report said.

    “Amnesty International has serious concerns that this attack violated the prohibition of the arbitrary deprivation of life and may constitute war crimes or extrajudicial executions,” the report said. It called for those responsible to stand trial.

    #drones #crime_de_guerre

  • En Espagne comme ailleurs, l’étrange étranger cible de la police : délit de faciès
    Report to U.N. Details Pervasive Ethnic Profiling in Spain | Open Society Foundations (OSF)
    http://www.opensocietyfoundations.org/press-releases/report-un-details-pervasive-ethnic-profiling-spain

    Spanish police are guilty of focusing identity checks and stops on people who “do not look Spanish,” according to a statement by an international human rights law group to the U.N’s top expert on racism and discrimination.

    “routinely rely on physical or racial characteristics when conducting identity checks in the course of ordinary law enforcement and as part of immigration control.”

  • International Migrants Bill of Rights — Georgetown Law

    http://www.law.georgetown.edu/academics/centers-institutes/isim/imbr

    There is no single, legal framework that effectively protects all international migrants. The International Migrants Bill of Rights (IMBR) consolidates international human rights law governing the protection of migrants into a unifying soft-law document, restating and reformulating existing rights to make their application to migrants clearer and more effective, and positing a margin of enhancement consistent with progressive values.

    The IMBR Initiative started in 2007 at Georgetown University Law Center as part of the Global Law Scholars Program. The Initiative has developed over the past four years through the collaborative effort of students and scholars from Georgetown University Law Center, the Center for Migration and Refugee Studies at American University in Cairo, the Minerva Center for Human Rights at the Hebrew University of Jerusalem, and the Migration Studies Unit at the London School of Economics. Currently the Initiative is housed at Georgetown University Law Center and the Georgetown Institute for the Study of International Migration.