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Iraq: UN human rights report voices concern over conduct of ISIL fighter trials

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UN Special Representative Hennis-Plasschaert visits Sinjar on the fifth anniversary of the gross atrocities committed by ISIL terrorists against Iraq’s Yazidi community. (August 2019) UNAMI PIO/Sarmad As-Safy

A new UN report published on Tuesday shows that while considerable effort has been made by Iraqi authorities to bring former ISIL terrorist fighters to justice, there are “serious concerns” about the fairness of the proceedings. 

The joint report by the UN Assistance Mission for Iraq (UNAMI) and the UN human rights office found that basic fair trial standards were not respected in terrorism-related trials, thus placing defendants at a serious disadvantage. 

“A fair and just criminal justice system is a central element to the democratic way of life, and key to building trust and legitimacy, and promoting and protecting human rights”, said UN High Commissioner for Human Rights, Michelle Bachelet.  

“Those responsible for widespread atrocities against the Iraqi population must be held to account for their crimes, and it is important that the victims see that justice is delivered. At the same time, those accused have the right to a fair trial, and these standards must be strictly applied.” 

Nearly 800 trials monitored 

The terrorist group ISIL, most commonly referred to in Arabic as Daesh, waged a campaign of widespread violence against the Iraqi population between June 2014 and December 2017, holding large swathes of territory across the country, as well as northern Syria, until its military defeat. 

Fighters committed atrocities, including mass murder, abductions, sexual slavery and destruction, which may amount to war crimes, crimes against humanity, and possibly genocide. 

The report is based on independent monitoring of 794 criminal court trials mainly involving ISIL defendants held in eight Iraqi provinces from 1 May 2018 through 31 October 2019. The majority of the hearings, 619, concerned people facing anti-terrorism charges. 

Overreliance on confessions 

While proceedings were generally orderly and well organized, with judges who were routinely prepared with investigation files, UN human rights officers found defendants had ineffective legal representation and limited possibilities to present or challenge evidence. 

Prosecutions mainly focused on “association” or “membership” of a terrorist organization, with no distinction being made between people who participated in violence and those who joined ISIL for their own survival, or through coercion. 

For example, UNAMI observed a trial in Erbil where the wife of an ISIL fighter was sentenced to three years’ imprisonment based on an informer’s evidence that she used to cook meals for her husband and other fighters.   

In another case, a 14-year-old boy in Baghdad was condemned to 15 years in jail based on the admission that his family was among civilians forced to act as “human shields” to protect ISIL fighters from aerial attack. 

Furthermore, the report stated “the over-reliance on confessions, with frequent allegations of torture that were inadequately addressed—while constituting a human rights violation in itself—further added to the concerns”. 

Strengthen criminal justice proceedings 

Through its mission, UNAMI, the UN supports Iraq in promoting accountability, protection of human rights, and judicial and legal reform. 

The joint report praises the efforts made by the authorities to seek justice and accountability for the crimes committed by ISIL, with more than 20,000 terrorism-related cases processed between January 2018 and October 2019, and thousands pending. 

However, the authors call for a thorough review of trial and sentencing practices, aimed at strengthening criminal justice procedures. 

Report recommendations 

Recommendations include revising the anti-terrorism laws to comply with international law, and ensuring defendants have sufficient time to prepare and present their cases. 

“Robust safeguards for detention, due process and fair trials not only demonstrate commitment to justice: they are a necessary building block for resilience. We are well aware that a variety of grievances, including unfair trials and detainee abuse, have been exploited in the past by ISIL to fuel its violent agenda,” said UNAMI chief, Jeanine Hennis-Plasschaert. 

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Human Rights

No safe harbour: lifting the lid on a misunderstood trafficking crime

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photo © UNICEF/Noorani

The crime of harbouring, in which victims of human trafficking are accommodated or forced to stay in a specific location, is not universally understood by courts around the world. A new UN study aims to address that issue, and improve protection for victims.

A journey of exploitation

Harbouring is one of five actions that constitute an ‘act’ in the internationally recognised definition of human trafficking, and is often used by prosecutors and judges for convictions of this crime.

The act can take place before and during exploitation, or between periods of abuse, encompassing a wide variety of settings, including brothels, private homes, factories, farms, or fishing vessels.

These locations can be dangerous, inhumane and unsanitary, and cn be controlled by criminals involved in the trafficking network.  

In another case, victims who had been brought from Thailand to Australia were harboured during transit and at the place of exploitation: while being transported the victims were accommodated in hotels and accompanied by minders.

Once they were received by the offenders, the victims were either accommodated in the brothel where they were forced to work, or alternatively stayed at the offenders’ house, and were transported to and from the brothel each day.

Trafficking victims can also be subjected to harbouring once they arrive at the place of exploitation. In a case from the Dominican Republic, the offenders, a married couple, recruited a Chinese national to work in their business.

They promised to pay her and provide her with food. Instead, she was not paid, forced into domestic servitude and subjected to abuse.

A misunderstood concept

However, a new publication from the UN Office on Drugs and Crime (UNODC) has found that there is neither a uniform understanding of the act of harbouring, nor a consistent approach to this concept during court proceedings.

“Harbouring is one of the most frequent acts when committing human trafficking, but the concept is not interpreted in the same way throughout the world,” says Martin Hemmi, the UNODC expert who led the study. 

“Some countries require the victims to be concealed or moved between locations for harbouring to be considered as an act of human trafficking. Others stipulate a minimum amount of time for the harbouring process,” adds Mr. Hemmi. “It is important to fully understand the concept to get justice for victims of this crime.”

The language barrier

Further findings show there are different meanings of the word ‘harbouring’ in the various language versions of the UN Trafficking in Persons Protocol,  which is the world’s primary legal instrument to combat this crime.

In French and Arabic, the word used for harbouring has a positive connotation in the sense of hosting, while in English, Chinese and Russian, it can be perceived as having a negative meaning in the sense of hiding or concealing.

“Due to these discrepancies, the same conduct is considered human trafficking in one country but not necessarily in another,” says Mr. Hemmi.  

“This has wide consequences. For the perpetrator, it can have an effect on the sentence. For the victim, it has an impact on rights and protection measures. For the courts, it can hamper requests for legal assistance and international cooperation.” 

Wherever and however it occurs, harbouring with the intent of exploitation is an act of human trafficking and a violation of the victim’s rights and dignity, says Martin Hemmi.  

“We hope that our new study will be used by investigators, prosecutors and judges to lead to a better understanding of this terrible crime and support measures to effectively protect victims and punish traffickers,” he concludes.

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Only ‘real equality’ can end vicious cycle of poverty

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Children play outside a metal polishing workshop in a slum in Uttar Pradesh, India. © UNICEF/Niklas Halle'n

Although poverty and privilege “continue to reproduce themselves in vicious cycles”, it is possible to break the chain and shift the paradigm, an independent UN human rights expert told the General Assembly on Wednesday. 

Presenting his reportThe persistence of poverty: how real equality can break the vicious cycle, Special Rapporteur on extreme poverty and human rights, Olivier De Shutter, said that “with political will”, it is possible to end centuries of entrenched inequality and “move from fate to opportunity”.  

Early investment 

“Investing in early childhood, promoting inclusive education, given young adults a basic income financed through inheritance taxes, and combating anti-poor discrimination are the key ingredients needed to break the cycles of advantage and disadvantage”, Mr. De Shutter said in his statement.  

Acknowledging that many countries pride themselves on ensuring high levels of social mobility, the human rights expert stated that “the truth is that the persistence of privilege at the top, and deprivation at the bottom, are all too commonplace.” 

“The top 10 percent of people living in OECD countries control 52 percent of total net wealth, while the bottom 60 percent own just over 12 percent, condemning the poor to a lifetime of poverty”, he said. According to the report, based on data from countries which are part of the Organization for Economic Cooperation and Development (OECD), it takes four to five generations for children in low-income households to reach the mean income in their country. In emerging countries such as Brazil, Colombia or South Africa, it can take up to nine or even more generations.  

Tougher with time 

Observing that children born in disadvantaged families were denied equal opportunity, the Special Rapporteur examined the channels through which poverty is perpetuated, in the areas of health, housing, education and employment. 

“Children born in poor families have less access to healthcare, decent housing, quality education and employment than those in better-off households”, De Shutter said. “This dramatically reduces their chances of breaking free from the poverty trap”.  

Describing the outcomes as “appalling”, the Rapporteur added that children born in a family experiencing poverty are more than three times as likely to be poor, aged 30, than those who were never poor. 

Poverty costs 

The UN rights expert reminded that child poverty is not only “morally unconscionable and a human rights violation”, but also expensive. “In the United States, child poverty costs over one trillion dollars annually, or 5.4% of its GDP, but for each dollar invested on reducing it, seven dollars would be saved,” said the expert.  

Calling for and end to the myth that inequality is an incentive that encourages people to work harder, Mr. De Shutter said that the facts point to the exact opposite: “Inequality lowers social mobility and entrenches advantage and disadvantage over decades. When we fetishize merit, we stigmatize those in poverty or with low incomes, and blame them for their own condition”.  

Call for action 

Stressing that “no child should be penalized for being born in poverty” in mind, and stating that, in fact, “poverty is a failure not of the individual, but of society”, Mr. De Shutter called on governments to act now, “before another generation is condemned to the same fate as their parents”.  

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Human Rights

Restore sexual, reproductive health rights lost during COVID, rights expert urges

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Adolescent girls attend a support group discussion on women’s health. © UNICEF/Tapash Paul

Sexual and reproductive health rights, are human rights, the independent UN expert on the right to health reminded Member States in the General Assembly on Wednesday, saying that it was essential to restore services in the field, that have been eroded during the COVID-19 pandemic

“Millions of women globally had limited or no access to maternal and new-born healthcare, some 14 million women lost access to contraception, and specialized services for victims of gender-based violence became inaccessible, when they were needed most”, said Dr. Tlaleng Mofokeng.

The Special Rapporteur pointed out that lockdowns, movement restrictions and diversion of funds due to COVID-19 have “jeopardized access to essential sexual and reproductive health services”.

In presenting her report on the effect of the pandemic on physical and mental health services, she also spoke of “new measures and laws in place across regions, further restricting access to safe abortion, a component of sexual and reproductive services encompassed in the right to health”.

Reversing a legacy

As part of the right to health, the UN expert called on States to move beyond the COVID-19 pandemic to rebuild and strengthen health systems for advancing sexual and reproductive health rights for all.

“Governments must remove obstacles and ensure full access to quality services, including maternal health care, contraception and abortion services, screening for reproductive cancers and comprehensive sexual education”, she said.

However, Dr. Mofokeng noted that many obstacles continue to stand between individuals and their exercise of their rights to health, rooted in patriarchy and colonialism, and others in structural and systemic inequalities.

“Patriarchal oppression is universal, permeates all societies and is at the very origin of the erosion of autonomy and the control of girls and women’s bodies and sexuality to the detriment of their enjoyment of sexual and reproductive rights”, she spelled out.

“Colonialism has permeated patriarchy across regions and its legacy continues today through laws, policies and practices that deny or restrict sexual and reproductive rights and criminalize gender diverse identities and consensual adult same-sex acts”, added the Special Rapporteur.

Rooted in law

She reminded governments that sexual and reproductive health rights are rooted in binding human rights treaties, jurisprudence, and consensus outcome documents of international conferences.

“I call on States to respect and protect key principles of autonomy, bodily integrity, dignity and well-being of individuals, especially in relation to sexual and reproductive health rights”, she said.

“I pledge to engage with States and all relevant actors to uphold the right of everyone to the enjoyment of the highest attainable standard of physical and mental health”.

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