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Assange arrest exposes him to risk of serious human rights violations

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Independent UN rights experts on Thursday said the arrest of Wikileaks co-founder Julian Assange by police in the United Kingdom, after the Ecuadorian Government decided to stop granting him asylum in their London embassy, exposed him to “the risk of serious human rights violations”, if extradited to the United States.

Special Rapporteur on extra-judicial executions, Agnes Callamard, tweeted that in “expelling Assange from the Embassy” and allowing his arrest, it had taken Mr. Assange “one step closer to extradition”. She added that the UK had now arbitrarily-detained the controversial anti-secrecy journalist and campaigner, “possibly endangering his life”.

Mr. Assange took refuge inside the embassy in 2012, to avoid extradition to Sweden by the UK authorities where he faced charges, since dropped, of sexual assault. But he also faces US federal conspiracy charges, relating to the leak of a vast number of Government documents to his Wikileaks website, by the former US intelligence analyst, Chelsea Manning. The US argues that publication by the investigative site, endangered the lives of its citizens working overseas.

According to reports, the UK will now assess whether to extradite the Australian national to the US, where he faces up to five years in prison. The UK has reportedly given assurances in writing to the Ecuadorian Government that Mr. Assange will not be extradited to a country where he could face torture, or the death penalty.

After appearing in a central London courtroom on Thursday, Mr. Assange was found guilty of failing to surrender to the court in 2012, and now faces up to 12 months in prison.

The UN independent expert on the right to privacy, Joe Cannataci, issued a statement following the arrest, saying that “this will not stop my efforts to assess Mr. Assange’s claims that his privacy has been violated. All it means is that, instead of visiting Mr Assange and speaking to him at the Embassy…I intend to visit him and speak to him wherever he may be detained.”

In a statement last Friday, Special Rapporteur on torture, Nils Melzer, said he was alarmed by reports that an arrest was imminent, and that if extradited, Mr. Assange could be exposed to “a real risk of serious violations of his human rights, including his freedom of expression, his right to a fair trial, and the prohibition of cruel, inhuman or degrading treatment or punishment.”

UK urged to ‘abide by international obligations’

Last December, the UN Working Group on Arbitrary Detention, urged the UK to “abide by its international obligations” and allow Mr. Assange safe passage out of the embassy.

“States that are based upon, and promote the rule of law, do not like to be confronted with their own violations of the law, that is understandable. But when they honestly admit these violations, they do honour the very spirit of the rule of law, earn enhanced respect for doing so, and set worldwide commendable examples,” said a statement released by the Working Group.

In December 2015, the Working Group concluded in its opinion No. 54/2015 that Mr. Assange – who at the time had a European arrest warrant issued against him for an allegation of crimes committed in Sweden ‑ was being arbitrarily deprived of his freedom and demanded that he be released.

“Under international law, pre-trial detention must be only imposed in limited instances. Detention during investigations must be even more limited, especially in the absence of any charge” said the experts. “The Swedish investigations have been closed for over 18 months now, and the only ground remaining for Mr. Assange’s continued deprivation of liberty is a bail violation in the UK, which is, objectively, a minor offense that cannot post facto justify the more than 6 years confinement that he has been subjected to since he sought asylum in the Embassy of Ecuador.”

“Mr. Assange should be able to exercise his right to freedom of movement in an unhindered manner, in accordance with the human rights conventions the UK has ratified,” the experts added.

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ICC gives greenlight for probe into violent crimes against Rohingya

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Judges of the International Criminal Court (ICC) on Thursday authorized an investigation into alleged crimes against humanity, namely deportation, which have forced between 600,000 and one million Rohingya refugees out of Myanmar, into neighboring Bangladesh since 2016.  

The pre-trial judges “accepted that there exists a reasonable basis to believe widespread and/or systematic acts of violence may have been committed that could qualify as crimes against humanity of deportation across the Myanmar-Bangladesh border” the Court said in a press statement, in addition to “persecution on grounds of ethnicity and/or religion against the Rohingya population.” 

After a reported military-led crackdown, widespread killings, rape and village burnings, nearly three-quarters of a million Rohingya fled Myanmar’s Rakhine state in August 2017 to settle in crowded refugee camps in neighboring Bangladesh. 

This is the second strike against the alleged crimes this week, as the tribunal’s decision follows a Monday submission by Gambia to the UN’s principal judicial organ, the International Court of Justice (ICJ), accusing Myanmar of “mass murder, rape, and genocidal acts” which violate its obligations under the Genocide Convention, in addition to destruction of villages, arbitrary detention, and torture.  

As a member to the Genocide prevention treaty, Gambia “refused to stay silent”, and as a member of the Organisation of Islamic Cooperation (OIC), the small African nation has taken legal action to assist the persecuted majority-Muslim Rohingya, with support by other Muslim countries.  

In July, the ICC’s top Prosecutor, Fatou Bensouda, requested an investigation be open into the alleged crimes committed since October of 2016, concerning Myanmar and Bangladesh.  

At that time, her Office’s preliminary examination found “a reasonable basis” to believe that at least 700,00 Rohingya were deported from Myanmar to Bangladesh “through a range of coercive acts causing suffering and serious injury.” 

Under the Rome Statute that created the ICC, which highlights crimes against humanity as one of its four crucial international crimes, the top Prosecutor concluded sufficient legal conditions had been met to open an investigation.  

While Myanmar is not a State party to the treaty, Bangladesh ratified the Statute in 2010, meaning authorization to investigate does not extend to all crimes potentially committed in Myanmar, but will focus on violations committed in part on Bangladeshi territory, the ICC said in July.  

‘Only justice and accountability’ can stop the violence 

Judges forming the pre-trial chamber, Judge Olga Herrera Carbuccia, Judge Robert Fremr, and Judge Geofreey Henderson received views on this request by or on behalf of hundreds of thousands of alleged victims.  

According to the ICC Registry, victims insist they want an investigation by the Court, and many “believe that only justice and accountability can ensure that the perceived circle of violence and abuse comes to an end.” 

“Noting the scale of the alleged crimes and the number of victims allegedly involved, the Chamber considered that the situation clearly reaches the gravity threshold,” the Court said.    

The pre-trial Chamber in addition authorized the commencement of the investigation in relation to any crime, including future crime, so long as it is within the jurisdiction of the Court, and is allegedly committed at least in part in the Rome Statute State Party, Bangladesh, or any other territory accepting the jurisdiction.  

The alleged crime must also be sufficiently linked to the present situation, and must have been committed on or after the date of the Statute’s entry into force for Bangladesh or the relevant State Party.  

Judges from the ICC have given the greenlight for prosecutors to commence collection of necessary evidence, which could result in the judge’s issuance of summonses to appear in court or warrants of arrest. Parties to the Statute have a legal obligation to cooperate fully with the ICC, nonmembers invited to cooperate may decide to do so voluntarily. 

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UNICEF reports uneven progress in 30 years of child rights treaty

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Although the world has made historic gains over the past three decades in improving children’s lives, urgent action is required if the poorest children are to feel the impact, a new UN report published on Monday warns.

The study by the UN Children’s Fund (UNICEF) calls on countries to recommit to promises made under the Convention on the Rights of the Child, adopted 30 years ago.

Henrietta Fore, UNICEF Executive Director, noted that while increasing numbers of children are living longer, better and healthier lives, the odds continue to be stacked against the poorest and most vulnerable.

“In addition to the persistent challenges of health, nutrition and education, children today have to contend with new threats like climate change, online abuse and cyberbullying,” she said.

“Only with innovation, new technologies, political will and increased resources will we help translate the vision of the Convention on the Rights of the Child into a reality for all children everywhere.”

Uneven progress, emerging threats

The Convention on the Rights of the Child is the most widely and rapidly adopted international treaty in history, and has been ratified by more than 190 countries.

It acknowledges childhood, which lasts through age 18, as a special time in which children must be allowed to grow, learn, play, develop and flourish with dignity. 

UNICEF reported that since its adoption, the global rate for under-five mortality has dropped by around 60 per cent, while the proportion of undernourished children has almost halved.

The Convention has also influenced numerous constitutions, laws and policies that reflect its guiding principles, which include non-discrimination, the right to protection and acting in the best interests of the child.

However, the report shows that progress has not been even.

UNICEF said the world’s children continue to confront age-old threats while new hazards loom over their future.

The poorest children are still likely to die from preventable causes before reaching their fifth birthday. Millions of the most disadvantaged are still at risk due to poverty, discrimination and marginalization. At the same time, cases of the childhood killer measles are on the rise as immunization coverage rates have slowed down since 2010.

Progress in education also is dismal. The report reveals that the number of primary level children out of school has remained static for more than a decade.

“Many of those who are in school are not learning the basics, let alone the skills they need to thrive in today’s economy,” UNICEF added.

In recent years, young people have been speaking up and calling for action to address climate change. UNICEF said they are the ones most at-risk.

“Rapid changes in climate are spreading disease, increasing the intensity and frequency of extreme weather events, and creating food and water insecurity. Unless urgent action is taken, the worst for many children is yet to come,” the UN agency warned.

Inclusive dialogue planned

UNICEF believes that where there is political will and determination, children’s lives improve, as documented by the report, which has been released ahead of World Children’s Day on 20 November.

The study calls for more data and evidence to accelerate progress and advance child rights, alongside recommendations such as involving young people in creating solutions.

UNICEF will use the coming 12 months to promote an inclusive global dialogue aimed at making the promise of the convention a reality for all children.

As Ms. Fore, the UNICEF chief, stated: “The Convention stands at a crossroads between its illustrious past and its future potential. It is up to us to recommit, take decisive steps and hold ourselves accountable.”

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UN: India should ‘unlock’ freedom curbs in disputed Kashmir

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Children attend class in open at a government middle school, Rajouri district, Jammu and Kashmir, India. UNICEF/Syed Altaf Ahmad

The people of Indian-administered Kashmir continue to be deprived of numerous basic freedoms, the UN High Commissioner for Human Rights said on Tuesday, before urging the Indian authorities “to unlock the situation”.

The appeal over the territory – which both India and Pakistan claim as sovereign – follows months of escalating tensions linked to earlier suicide attacks and the Indian Government’s decision in August to revoke majority-Muslim Kashmir’s special status, which for decades had allowed it partial autonomy.

At the time of the Indian Government decision, five UN-appointed independent rights experts warned that it had led to tighter central Government control, restrictions on peaceful protests and a communications blackout.

Curfew ‘still in place in large parts’ of Kashmir valley

In Geneva on Tuesday, spokesperson for the High Commissioner for Human Rights (OHCHR), Rupert Colville acknowledged that an “undeclared curfew” had been lifted from much of Jammu and Ladakh regions within a few days.

But he noted that it was reportedly still in place “in large parts of the Kashmir Valley, preventing the free movement of people, as well as hampering their ability to exercise their right to peaceful assembly and restricting their rights to health, education and freedom of religion and belief.”   

Highlighting several allegations of excessive use of force against protesters that involved the use of “pellet-firing shotguns, tear gas and rubber bullets”, Mr. Colville said that there had also been unconfirmed reports of “at least six civilian killings and scores of serious injuries”, in separate incidents since the Indian Government declaration on 5 August across Jammu and Kashmir.

The Office of the High Commissioner had also received reports that armed groups in Indian-administered Kashmir have threatened some residents trying to work or go to school, the OHCHR spokesperson said.

In addition, “at least another six people have been killed and over a dozen injured in alleged attacks by armed group members, since 5 August”.

Web access blocked, politicians detained

And although restrictions on landline telephones were eventually lifted, and a state-run telecom company allowed to resume partial mobile phone services, all internet services remain blocked in the Kashmir valley, Mr. Colville insisted.

In line with the Indian Government’s decision to revoke Jammu and Kashmir’s partial self-rule, two separate federally-administered Union Territories are to be created this Thursday, the OHCHR Spokesperson explained, adding that “hundreds of political and civil society leaders” had been detained “on a preventative basis”.

While some political workers have reportedly been released, most senior leaders – especially those from the Kashmir Valley – remain in detention, he said.

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