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.
Steps taken to end Saudi ‘guardianship’ system for women, ‘encouraging’ start
Allowing Saudi women to apply for passports and travel without their guardians’ permission is “an encouraging move” towards the “complete abolition of the ‘guardianship’ system,” independent United Nations rights experts said on Thursday, but more action is needed to fully dismantle these restrictions.
“Any progress will remain very frail unless accompanied by wider reforms and by measures to ensure that rights are reflected and enshrined in the constitution of the Kingdom of Saudi Arabia and not solely through royal decrees,” the six experts said in a joint statement.
Saudi Arabia loosened some social restrictions on women in 2017. And now, by Royal decree, Saudi women will be able to apply for passports. Those over 21 will be allowed to travel independently – without permission from their so-called guardians – by the end of this month.
According to news reports, while human rights advocates have welcomed the move, they have also noted that women still require the permission of a male relative to marry, or leave women’s shelters, and some rights activists remain on trial or in detention for campaigning to change the system.
“We should not forget that these positive developments are the result of years of relentless advocacy and effort of many human rights and women’s rights defenders in Saudi Arabia”, underscored the independent UN experts, calling “for their immediate release”.
Men thwarting progress
Women “continue to face numerous restrictions” under a guardianship system that “negates their fundamental human rights and their dignity as autonomous human beings”, according to the experts.
Giving men arbitrary authority over their female relatives results in discrimination against women.
“It severely impairs women’s equal participation and decision-making in political, economic and social affairs and the enjoyment of their human rights including the rights to freedom of movement, education, work, access to justice, privacy and family life,” they stressed.
The Special Rapporteur on Privacy, Joseph Cannataci, expressed his grave concern over the technological tools and apps that extend male guardians’ control over women through the digital sphere.
“I am particularly concerned about the use of the Absher mobile phone app that allows male ‘guardians’ to monitor, restrict and control women’s whereabouts and freedom of movement in ways that are incompatible with their human right to privacy,” he said. “I expect that this type of functionality will be immediately abolished in order to be compliant with both the spirit and the letter of the new law.”
While acknowledging this welcoming initiative, the experts urged the government to fulfil without any further delay its pledge to fully abolish the male ‘guardianship’ system as promised at the UN Human Rights Council in March 2019.
The UN experts are Joseph Cannataci, the first Special Rapporteur on the right to privacy and the UN Working Group on discrimination against women and girls, comprised of Meskerem Geset Techane, Elizabeth Broderick, Ivana Radačić, Alda Facio and Melissa Upreti.
UN independent experts are appointed by the Geneva-based UN Human Rights Council to examine and report back on a specific human rights theme or a country situation. The positions are honorary, and the experts are not UN staff, nor are they paid for their work.
2021 declared International Year for the Elimination of Child Labour
The United Nations General Assembly (UNGA)
has unanimously adopted a resolution declaring 2021 as the International Year
for the Elimination of Child Labour, and has asked the International Labour
Organization to take the lead in its implementation.
The resolution highlights the member States’ commitments “to take immediate and effective measures to eradicate forced labour, end modern slavery and human trafficking and secure the prohibition and elimination of the worst forms of child labour, including recruitment and use of child soldiers, and by 2025 end child labour in all its forms.”
The UNGA acknowledged the importance of the ILO’s Minimum Age Convention, 1973 (No. 138) and the Convention on the Worst Forms of Child Labour, 1999 (No. 182) – which is close to universal ratification by the ILO’s 187 member States – as well as the Convention on the Rights of the Child.
It also recognized the importance of “revitalized global partnerships to ensure the implementation of the 2030 Agenda for Sustainable Development , including the implementation of the goals and targets related to the elimination of child labour.”
Argentina took a lead role in advocating for this global commitment, as a follow up to the IV Global Conference on the Sustained Eradication of Child Labour , which took place in Buenos Aires in November 2017. Seventy-eight countries co-sponsored the resolution.
“We hope that this will be one more step to redouble our efforts and our progress to advance, day by day, towards a world in which no child is subjected to child labour or exploitation and a world where decent work for all will be a reality,” said Martin Garcia Moritán, Argentina’s representative to the UN.
The ILO has been working for the abolition of child labour throughout its 100 year-history, and one of the first Conventions it adopted was on Minimum Age in Industry (No. 5, 1919) .
The organization is a partner in Alliance 8.7 and serves as the secretariat of this global partnership for eradicating forced labour, modern slavery, human trafficking and child labour around the world.
Substantial progress has been achieved in recent years, largely because of intense advocacy and national mobilization backed by legislative and practical action. Between 2000 and 2016 alone, there was a 38 per cent decrease in child labour globally.
“The struggle against child labour has gained extraordinary momentum over the past two decades,” said Beate Andrees, Chief of the ILO’s Fundamentals Principles and Rights at Work Branch. “Yet, 152 million children across the world are still in child labour. We obviously need to scale up action further, and the decision by the General Assembly to declare 2021 the International Year for the Elimination of Child Labour will be a great help in focusing attention on the millions of girls and boys still toiling in the fields, in the mines and in factories.”
ICJ orders Pakistan to review death penalty for Indian accused of spying
In a ruling delivered on Wednesday, the International Court of Justice (ICJ) ordered Pakistan to review a death sentence handed down in the case of a former Indian Navy officer accused by Pakistan of spying, finding that the country’s authorities acted in breach of the Vienna Convention, which lays out rules for diplomatic relations between countries.
Kulbhushan Jadhav, said the Court, had not been informed of his rights by the Pakistani authorities, and that the Indian Government has been deprived of “consular access”: the right to communicate with him.
During the hearings, the ICJ had directed Pakistan not to carry out the death sentence until the Court’s final ruling. On Wednesday, the Court ordered a “continued stay of execution”, as a “indispensable condition for the effective review and reconsideration of the conviction and sentence”.
Mr. Jadhav was arrested three years ago by Pakistani authorities, who say that he was in the restive Balochistan province, which is home to a separatist insurgency that Pakistan accuses India of backing. The charges levelled against Mr. Jadhav were of “espionage and sabotage activities against Pakistan”.
Although a video was released shortly after Mr. Jadhav’s arrest, in which he was shown admitting involvement in spying, India has always questioned the alleged confession, saying that it was extracted under duress. The Indian authorities also deny that Jadhav is a spy and say that he was kidnapped in Iran, which borders the province, which he was visiting on business.
Following Pakistan’s pronouncement of the death penalty, in April 2017, India filed a case with the ICJ, calling the trial, which took place in a military court, “farcical”, and asked for a stay of execution and consular access to Mr. Jadhav. Pakistan countered that Mr. Jadhav was not given consular access because he is a spy who illegally entered the country in order to create “unrest and instability”.
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