JBI Human Rights

JBI Calls for a More Robust International Response to Russia’s Invasion of and Human Rights Violations in Ukraine

The Jacob Blaustein Institute for the Advancement of Human Rights (JBI) is alarmed by Russia’s invasion of Ukraine, which poses an existential challenge to the rules-based global order and can be seen as an attack on democracy itself.  The high number of reported civilian casualties, the massive exodus of refugees and internal displacement that has been triggered by the brutal Russian military campaign, and reports of serious human rights violations committed by Russian forces in Ukrainian territory they now control are deeply concerning. As detailed in JBI's new statement, the reported violations include but are not limited to abductions and killings, enforced disappearances, arbitrary detention, forced displacement, and torture and other ill-treatment of public officials, journalists, aid workers and Ukrainians protesting against Russia's actions. JBI's statement also notes reports that Russian officials have committed serious rights violations against their own citizens in the weeks since the invasion began, including large-scale detention of protesters and censorship aimed at preventing and punishing any criticism of the military campaign.

JBI's statement reviews the actions that governments have taken individually and at international bodies to respond to Russia's invasion and violations and calls for a more robust response. JBI calls on governments to continue their efforts to demand that Russia cease its aggression, withdraw from Ukraine, and respect its human rights obligations. It calls for governments to take measures to ensure that Ukrainian people fleeing the crisis receive the support and protection they require. It calls on governments to ensure that Russia's leaders face meaningful consequences for the violations they have committed, including at the UN and through strengthened sanctions. It calls on governments to support and strengthen the visibility of the work of the office of the UN High Commissioner for Human Rights, which has maintained an in-country monitoring mission in Ukraine throughout the recent hostilities. It calls on UN leaders and governments to ensure that concerns for human rights protection and accountability are integrated into every mechanism established to coordinate the global response to this crisis. The full statement is available here.

JBI Statement on the Need for Urgent Human Rights Protection and Monitoring in Afghanistan

The crisis in Afghanistan requires urgent protection of people and their human rights. The Jacob Blaustein Institute for the Advancement of Human Rights (JBI) has released a statement that outlines the human rights dimensions of the situation and advises on what governments, acting individually and through international organizations, can and must do. It also recommends actions and principles to guide the responses of the United Nations system.  We call on the international community to ensure the safety of Afghans, particularly women and girls, who are most at risk under the Taliban, a UN designated terrorist organization.

As a matter of priority, JBI calls on governments to identify ways to evacuate women leaders, human rights defenders, and other at-risk persons, including US and NATO allies. JBI calls on member States at the UN to adopt a resolution both at the upcoming emergency session of the Human Rights Council as well as the UN General Assembly session for an effective monitoring and reporting mechanism. JBI also calls on the UN to state clearly that all UN system actors active in Afghanistan or engaging with the Taliban will adhere to a system-wide approach that prioritizes respect for human rights, which is a core purpose of the United Nations according to its Charter.

Please find our full statement and list of recommendations here.

China's 'Unconscionable' Campaign Against the Uyghurs: Stopping the Genocide Occurring on Our Watch

On May 5, 2021, Felice Gaer, Director of the Jacob Blaustein Institute for the Advancement of Human Rights (JBI), delivered the presentation below entitled, “China's 'Unconscionable' Campaign Against the Uyghurs: Stopping the Genocide Occurring on Our Watch.” Gaer discusses the reports of serious human rights violations perpetrated by the Chinese government against the Uyghur population and other Turkic Muslims in Xinjiang. She describes the legal components of the crime of genocide and the justifications that have been provided by the analysts and governments that have determined that China's conduct constitutes this crime. 

 

Gaer also discusses the reactions and measures taken by the U.S. and other governments in response to these allegations, as well as China’s reaction. Gaer also reviews the measures that JBI and other non-governmental organizations have taken to express concern about the situation facing the Uyghurs and to call for action to protect them, as well as additional measures that could encourage China to change course.

 

AJC and JBI Oppose Proposed Changes to U.S. Asylum System that Violate U.S. International Obligations

In an official comment, AJC and its Jacob Blaustein Institute for the Advancement of Human Rights have called on the U.S. Departments of Justice and Homeland Security to withdraw a sweeping set of changes they have proposed to implement to the U.S. asylum system and which appear to contradict important international obligations that the U.S. has voluntarily assumed and that AJC and JBI have long championed.

The agencies' proposals, entitled “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review,” are open for public comment until 11:59 pm on July 15. The comment expresses opposition to a number of the agencies’ specific proposals, including those that would:

• alter the definition of key legal terms to bar asylum claims made by people fleeing criminal gangs and gender-based violence, contradicting guidance on who can qualify as a refugee pursuant to the Refugee Convention issued by the UN High Commissioner for Refugees (UNHCR);
• discourage the granting of asylum claims from anyone who transited through another country on their way to the U.S., without any regard to whether they would have faced persecution or torture in the countries through which they traveled, again contradicting UNHCR;
• change the asylum determination process in ways that would deny applicants a “fair” proceeding, as defined by UNHCR;
• bar claims for protection from people fleeing a risk of torture by a “rogue official,” though the UN Committee Against Torture’s interpretation of the definition of torture recognizes no such distinction.

The comment expresses AJC's and JBI's serious concern that if implemented, the proposed regulations would effectively deny many people fleeing for their lives and livelihoods their right to seek asylum and would put them at risk of being returned or expelled to countries where they face a substantial risk of persecution, torture, or other serious harm. It calls on the agencies to withdraw their proposed regulations and instead pursue alternative ways to accomplish their policy aims, such as providing clarification for adjudicators and increasing efficiency and consistency in the handling of asylum claims, in ways that would not give rise to such a serious risk of harming asylum-seekers.

Beijing+20: Looking again at violence against women

To mark the commemoration of the 20th anniversary of the Beijing World Conference on Women (Beijing plus 20) during the current session of the UN Commission on the Status of Women,  JBI’s director Felice Gaer writes when and why private violence against women has become an issue of concern to States parties to the Convention against Torture on the blog of the World Organization against Torture.   

The blog post is available here.

UN Security Council adds North Korea to agenda, holds first formal discussion of human rights violations

The Jacob Blaustein Institute for the Advancement of Human Rights (JBI) welcomed the decision of the UN Security Council today to add the situation in North Korea to its agenda and to hold its first-ever formal discussion of the severe human rights violations perpetrated by the government.

The Security Council's action today demonstrated overwhelming acknowledgement by its members that the widespread, systematic human rights abuses perpetrated by the North Korean government for decades constitute a threat to international peace and security and are a legitimate concern of the Security Council. The Council's decision followed the adoption by other UN intergovernmental bodies of resolutions condemning the North Korean government's unparalleled brutality, as documented in the February 2014 report of the Commission of Inquiry on human rights in the Democratic People's Republic of Korea (DPRK), an independent body created by the UN Human Rights Council. In resolutions adopted by large margins at the Human Rights Council in March and at the UN General Assembly on December 18, UN Member States endorsed the findings of the Commission of Inquiry and called on the UN Security Council to consider them as well.

The Security Council meeting today began with a procedural vote by the Council's 15 members on the question of whether to add the situation in North Korea to its agenda, without prejudice to the existing agenda item on North Korea in the context of non-proliferation. The decision was adopted with the support of eleven of the Council's fifteen members, and over the objections of China and Russia. It was not subject to a veto, as it concerned a procedural matter.

Following the vote, Council members were briefed on the situation in North Korea by representatives of the UN Department of Political Affairs and the Office of the UN High Commissioner for Human Rights. During the discussion that followed, several Permanent Representatives voiced their horror at the scale and severity of the abuses documented by the Commission of Inquiry, among them its finding that up to 120,000 North Korean citizens remain in incommunicado arbitrary detention in a political prison camp system in which gross human rights abuses are regularly committed.

In her remarks, US Ambassador Samantha Power raised the case of Kim Young-soon, a former detainee in one such political prison camp, who testified that she and other prisoners were deliberately subjected to near starvation by prison camp authorities. Reflecting on the gravity of these abuses, which the Commission of Inquiry found to amount to crimes against humanity, Ambassador Power and several other Security Members stressed the need for the Security Council to consider referring the situation in North Korea to the International Criminal Court. At the same time, Member States stressed the need for the Security Council to receive regular briefings on the human rights situation in the future, based on information gathered by the UN special rapporteur on human rights in North Korea, Marzuki Darusman, and the Office of the UN High Commissioner for Human Rights, which will open a field office in Seoul, South Korea in March 2015. Member States also called on the North Korean government to curb its abuses, beginning by closing its political prison camps, and to provide unfettered access to the country to human rights monitors and humanitarian groups.

JBI has long called on UN Member States and agencies to devote greater attention to North Korea’s appalling human rights record and to press the regime to curb its widespread violations (see past posts on these efforts here (UNSC discussion), here (UNGA resolution), here (Commission of Inquiry report), and here (conference calling for creation of Commission of Inquiry)). In recent weeks, JBI worked in close collaboration with other human rights groups, including the Committee for Human Rights in North Korea (HRNK), to advance the findings and recommendations of the Commission of Inquiry report at the UN General Assembly and Security Council. JBI and HRNK's joint activities included facilitating meetings in New York between diplomats and North Korean former political prisoners Mrs. Kim Young-soon and Mr. Jung Gwang-il, providing them with an opportunity to share their personal experiences and to stress to UN Member States the importance of promptly implementing the Commission of Inquiry's recommendations.

JBI Welcomes Release of Senate Study on CIA Detention and Interrogation Program and Calls for Further Reforms

The Jacob Blaustein Institute for the Advancement of Human Rights (JBI) welcomes the Senate Select Committee on Intelligence’s publication today of the executive summary of a study of the detention and interrogation program carried out by the CIA from 2001- 2009. 

JBI has long called for the public release of the Committee’s study, in keeping with its commitment to ensuring that counterterrorism measures are effective and consistent with human rights and civil liberties.  In May 2013, for example, JBI called for the declassification and prompt release of the entire 6,700-page report. 

JBI deeply regrets the report’s findings.  In particular, the report finds that the CIA brutally interrogated and held detainees in extremely harsh conditions of confinement that were “far worse than the CIA had represented to policymakers and others.”  It finds inaccurate the CIA’s repeated claims that these brutal interrogation techniques were necessary to acquire “otherwise unavailable” actionable intelligence that “saved lives.”  

We welcome President Obama’s statement in response to the release of the report that the practices it documents “were not only inconsistent with our values as a nation, they did not serve our broader counterterrorism efforts or our national security interests” and “did significant damage to America’s standing in the world.”  We welcome his pledge to “make sure we never resort to those methods again.” 

We also appreciate the personal conclusion reached by Committee Chairman Dianne Feinstein in the foreword to the report released today, echoed on the Senate floor by Senator John McCain, that some of these brutal interrogation methods documented in the report amounted to torture.  JBI has repeatedly expressed unequivocal opposition to the use of torture by interrogators representing our nation.  We have also called on the United States to fully comply with its international human rights obligations under the UN Convention against Torture and International Covenant on Civil and Political Rights.  In November and March 2014, respectively, the independent expert committees that oversee the implementation of these two treaties evaluated the record of the United States.  Both committees called for the publication of the Senate committee report and for the United States to ensure that abuses revealed in the reports are effectively investigated.   

JBI called on members of the Senate and the Executive Branch to take steps in response to these troubling findings in order to ensure that the United States never again violates its domestic and international obligations to prevent and prohibit torture and cruel, inhuman and degrading treatment.  

Said JBI Director Felice Gaer, “I commend the release of this report as well as the statements made today by Senators Feinstein and McCain affirming the need for steps to be taken to ensure that its appalling findings – that the US government failed to prevent the use of torture by those acting in its name, as well as to detect and eliminate it promptly – will spur meaningful reforms to ensure that such actions are never again taken.”

JBI Expert Roundtable on North Korea: Follow-up to the Commission of Inquiry

After the UN Human Rights Council’s Commission of Inquiry report (COI) on human rights in the Democratic People’s Republic of Korea (DPRK, North Korea) was released, JBI brought a number of experts on the country together with diplomats and representatives of non-governmental organizations on February 27, 2014 to discuss the extensive and unprecedented COI report and how it might be received and implemented at the United Nations. The meeting paid special attention to the inter-governmental bodies, agencies, programs and Secretariat based in New York, which received unusual attention in the report’s recommendations.

As discussion on the follow up to the COI gets underway at the Human Rights Council meeting in Geneva, JBI has released a summary of the meeting and the viewpoints and suggestions made under the Chatham House Rule. Key points are summarized below, and the complete summary is available here.

The Commission of Inquiry’s report provides a sweeping analysis of the depth and breadth of rights abuses being inflicted upon the North Korean people over decades. It contains detailed descriptions and testimonies with evidence of longstanding crimes. With the publication of this report, the Commission of Inquiry, a UN mechanism, has officially recognized the severe and systematic crimes that have been ongoing in North Korea for the past 60 years. In doing so, the report eliminates the possibility for any in the international community to claim ignorance of the situation there.

To maintain the momentum generated by the COI report, and elevate its status, States can take some of the steps outlined below in their relations with other States, at the UN and with the broader public.

• While formulating a long-term response to the human rights situation in North Korea, States can take measures to signal that “business as usual” is no longer an option for governments or the UN following the publication of the COI report, which found there were systematic, widespread and gross human rights violations amounting to crimes against humanity whose “gravity, scale and nature … reveal a State that does not have any parallel in the contemporary world.” The COI report provided unprecedented detail on a wide range of issues including the right to food.

• The Human Rights Council’s annual resolution on North Korea offers the first and key venue for explicitly endorsing the COI’s recommendations and findings, in particular that crimes against humanity are being committed. At a minimum, the Human Rights Council’s resolution should offer a means of continuing fact-finding and analysis on human rights in North Korea in 2014 and beyond. The resolution is expected to be adopted at the end of March 2014.

• Members of the Security Council should identify avenues in which to discuss the findings and recommendations of the COI. The Security Council previously has only discussed North Korea in the context of its development and testing of nuclear and ballistic weapons; any Security Council discussion of the human rights abuses perpetrated by the government would represent a significant step forward.

• The text of the General Assembly’s annual resolution on North Korea can be strengthened so that, at a minimum, it specifically endorses the COI’s findings.

• While a consensus was considered important to maintain at the Human Rights Council and General Assembly, it might become necessary to take a vote on the resolutions so that the COI’s new findings and the report itself will be clearly reflected in the resolutions.

• Member States should encourage discussions to reflect on the application of the Secretary-General’s “Rights Up Front” action plan to the context of North Korea and how it should mesh with other concepts and priorities, including claims for humanitarian space and access, disarmament and security concerns, and geopolitical dynamics. This would ensure that the UN Secretariat and UN agencies take the COI report into account in their work.

JBI Calls for Release of Baha'i Leaders Unjustly Imprisoned in Iran

With the release of a new State Department report on religious freedom around the world, the U.S. government revealed the shocking fact that 116 members of the Baha’i faith are unjustly imprisoned in Iran solely for their beliefs. Among them, sadly, are seven prominent Baha’i leaders unfairly incarcerated since 2008.

Prior to their arrest, the two women and five men ranging in ages from 40 to 80 — Fariba Kamalabadi, Jamaloddin Khanjani, Afif Naeimi, Saeid Rezaie, Mahvash Sabet, Behrouz Tavakkoli and Vahid Tizfahm — worked together to attend to the basic spiritual needs of Baha’is in Iran such as marriages, divorces and Baha’i children’s spiritual education. After five years of confinement, it is time for members of the international community to demand an end to this injustice.

In an effort to call attention to the plight of the Baha’is in Iran, members of the United States Congress introduced legislation on March 12, S.Res.75 and H.Res.109 condemn the state-sponsored persecution of Iran’s 300,000-member Baha’i minority, which contravenes Iran’s international obligations as set forth in the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, and other international instruments. Additionally, the resolutions call on the president and secretary of State to demand the immediate release of prisoners held solely on account of their religion and to sanction Iranian officials directly responsible for serious human rights abuses, including abuses against the Baha’i community in Iran.

UN Committee Adopts Landmark Interpretation of the Right to Redress for Victims of Torture

JBI Associate Director Christen Broecker recently contributed a guest post to the website IntLawGrrls on the UN Committee against Torture’s adoption, on November 16, of an authoritative interpretation of the content and scope of the right to redress for victims of torture and cruel, inhuman, or degrading treatment.  The General Comment, which is particularly notable for its victim-centered approach to the right to redress, is the first interpretive statement by a UN human rights treaty body aimed at clarifying this area of international law.  In her post, Broecker analyzes some of the key aspects of the Committee’s General Comment No. 3, which draws from and consolidates decades of the Committee’s jurisprudence on the right to redress. 

The Committee against Torture is an expert committee that monitors the implementation of the UN Convention against Torture by its 153 States parties.  One of its 10 expert members is JBI Director Felice Gaer, who has served on the Committee since 1999. 

The full text of the post is available here: IntLawGrrls post on the Right to Redress by Christen Broecker