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US sanctions against international court staff a ‘direct attack’ on judicial independence

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Many schools in Afghanistan have suffered the effects of long-term conflict. ©UNICEF/Marko Kokic

The decision by the United States to authorize sanctions targeting staff at the International Criminal Court (ICC) is “a direct attack to the institution’s judicial independence”, UN human rights experts said on Thursday.

Washington announced this month that it would launch an economic and legal offensive against ICC officials investigating alleged war crimes committed by all sides in the conflict in Afghanistan, including US troops.

“The implementation of such policies by the US has the sole aim of exerting pressure on an institution whose role is to seek justice against crimes of genocide, war crimes, crimes against humanity, and the crime of aggression”, said Diego García-Sayán, UN Special Rapporteur on the independence of judges and lawyers, speaking on behalf of the 34 experts.

“It’s a further step in pressuring the ICC and coercing its officials in the context of independent and objective investigations and impartial judicial proceedings.”

Afghanistan probe ‘important’

The ICC, which is based in The Hague, in the Netherlands, prosecutes the most serious crimes of concern to the international community, including cases related to conflict in the Central African Republic, Darfur and the Democratic Republic of the Congo.

It was established in July 1998 under a treaty known as the Rome Statute, which more than 120 countries have signed. The US is not a party.

The ICC’s Appeals Chambers authorized the Afghanistan probe in March, overturning an earlier decision.

Speaking at the time, Prosecutor Fatou Bensouda called it “an important day for the cause of justice in the situation of Afghanistan, for the Court, and for international criminal justice more broadly.”

Assets blocked, visas revoked

In response to the court’s decision, US President Donald Trump issued an Executive Order on 11 June, blocking the financial assets of certain ICC staff and imposing visa restrictions on them and their immediate family members.

Speaking at a press conference that day, US Attorney-General William Barr said the measures “are an important first step in holding the ICC accountable for exceeding its mandate and violating the sovereignty of the United States.”

The president of the body which overseesthe  ICC, O-Gon Kwon, has denounced the measures, stating “they undermine our common endeavour to fight impunity and to ensure accountability for mass atrocities.”

‘Broad spectrum’ of rights violated

The UN experts said sanctions targeting international judges and international civil servants violate their privileges and immunities, as well as “a broad spectrum” of rights.

Specifically, the Executive Order “would result in the violation of the prohibition of punishment for acts that did not constitute criminal offences at the moment of their commission, the right to a fair trial, the right to freedom of movement and the right to privacy and family life,” they added.

They also recalled that the US has warned it would “exact consequences” against the ICC for any “illegitimate” investigations into Israeli practices in the occupied Palestinian territory.

The experts, who are neither UN staff nor paid by the Organization, have been in contact with the US authorities on these issues.

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Human Rights

World Bank-UNICEF: 1 in 6 children lives in extreme poverty

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

An estimated 1 in 6 children – or 356 million globally – lived in extreme poverty before the pandemic, and this is set to worsen significantly, according to a new World Bank Group-UNICEF analysis released today.

Global Estimate of Children in Monetary Poverty: An Update notes that Sub-Saharan Africa – with limited social safety nets – accounts for two-thirds of children living in households that struggle to survive on an average of $1.90 a day or less per person – the international measure for extreme poverty. South Asia accounts for nearly a fifth of these children.

The analysis shows that the number of children living in extreme poverty decreased moderately by 29 million between 2013 and 2017. However, UNICEF and the World Bank Group warn that any progress made in recent years is concerningly slow-paced, unequally distributed, and at risk due to the economic impact of the COVID-19 pandemic.

“1 in 6 children living in extreme poverty is 1 in 6 children struggling to survive,” said Sanjay Wijesekera, UNICEF Director of Programmes. “These numbers alone should shock anyone. And the scale and depth of what we know about the financial hardships brought on by the pandemic are only set to make matters far worse. Governments urgently need a children’s recovery plan to prevent countless more children and their families from reaching levels of poverty unseen for many, many years.”

Although children make up around a third of the global population, around half of the extreme poor are children. Children are more than twice as likely to be extremely poor as adults (17.5 percent of children vs. 7.9 percent of adults). The youngest children are the worst off – nearly 20 percent of all children below the age of 5 in the developing world live in extremely poor households.

“The fact that one in six children were living in extreme poverty and that 50% of the global extreme poor were children even prior to the COVID-19 pandemic is of grave concern to us all,” said Carolina Sánchez-Páramo, Global Director of Poverty and Equity for the World Bank. “Extreme poverty deprives hundreds of millions of children of the opportunity to reach their potential, in terms of physical and cognitive development, and threatens their ability to get good jobs in adulthood. In the wake of the massive economic disruption caused by the pandemic, it is more crucial than ever that governments support poor households with children now and rebuild their human capital during the recovery.” 

Extreme poverty among children has not fallen as much as it has for adults; a larger share of the global poor were children in 2017, compared with that in 2013. All regions of the world experienced varying levels of decline in extreme poverty among children, apart from Sub-Saharan Africa, which saw a 64 million increase in the absolute number of children struggling to survive on $1.90 a day, from 170 million in 2013 to 234 million in 2017.

Child poverty is more prevalent in fragile and conflict-affected countries, where more than 40 percent of children live in extremely poor households, compared to nearly 15 percent of children in other countries, the analysis says. The analysis also notes that more than 70 percent of children in extreme poverty live in a household where the head of the house works in agriculture.

The ongoing COVID-19 crisis will continue to disproportionately impact children, women and girls, threatening to reverse hard-won gains towards gender equality. Social protection measures have a crucial role to play to mitigate coping mechanisms by the poor and vulnerable in both the immediate COVID-19 response as well as the longer-term recovery.

World Bank and UNICEF data suggest that most countries have responded to the crisis by expanding social protection programs, particularly cash transfers. Cash transfers provide a platform for longer-term investments in human capital. Particularly when combined with other child development measures and coupled with high-quality social service provision, cash transfers have been shown to address both monetary and multidimensional poverty and improve children’s health, nutrition, cognitive and non-cognitive outcomes.

However, many of the responses are short-term and not adequate to respond to the size and expected long-term nature of the recovery. It is more important than ever for governments to scale up and adjust their social protection systems and programs to prepare for future shocks. This includes innovations for financial sustainability, strengthening legal and institutional frameworks, protecting human capital, expanding child and family benefits for the long term as well as investing in family-friendly policies, such as paid parental leave and quality child care for all.

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Cindy Sirinya Bishop new UN Women Regional Goodwill Ambassador for Asia Pacific

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Cindy Sirinya Bishop, UN Women Regional Goodwill Ambassador for Asia and the Pacific. Photo: UN Women/Ploy Phutpheng

Thai celebrity and rights activist Cindy Sirinya Bishop is working to stop violence and other abuses against women as the newly appointed UN Women Regional Goodwill Ambassador for Asia and the Pacific. 

Bishop, 41, is a model and actress who is best known as the host of Asia’s Next Top Model, a television show broadcast in most countries in the region. 

During her 2-year appointment, which began in September, Bishop is representing UN Women to promote gender equality and other UN Women priority goals, raise funds and build partnerships. She is promoting public awareness through education, dialogue and cooperation with schools, communities and governments. 

“It is truly an honour to become the first UN Women Goodwill Ambassador to Asia and the Pacific,” Bishop said. “My mother instilled in me very early on a strong sense of justice and fierce belief in the resilience and strength of women, and these values continue to guide me today. I am so deeply grateful for the opportunity to work towards achieving greater gender equality in the region, especially in the areas of eliminating gender-based violence and in providing equal opportunity for girls and women to realize their full potential.” 

Bishop is one of Thailand’s leading campaigners on ending violence against women. 

In early 2018, she came across a newspaper headline about Thai authorities telling women to not look “sexy” if they want to avoid sexual assault during the Thai new year festival. Having experienced violence herself at the festival, Bishop spoke out in a social media video hashtagged #DontTellMeHowtoDress. #DontTellMeHowtoDress quickly evolved into a movement championing gender equality and has been extensively covered by local and international media. 

In July 2018, Bishop collaborated with UN Women to organize the Social Power Exhibition Against Sexual Assault. The exhibition was supported by United Nations agencies; the governments of Thailand, the Philippines and Singapore; the Association of Southeast Asian Nations; embassies; the media; and civil society and youth groups. Bishop worked with civil society organizations in the Philippines and Singapore on #DontTellMeHowToDress. 

In November 2018, Bishop received the “Activist of the Year Award” from the office of the Prime Minister of Thailand. 

Bishop also is the Knowledge Director of Dragonfly360, a regional platform that advocates for gender equality in Asia. She is writing a series of children’s books on safety, rights and respectful relationships.

“Your strong commitment to ending violence against women, demonstrated through your creation of the #DontTellMeHowtoDress movement and your work with UN Women so far, has shown you to be a compelling and eloquent advocate,” UN Women Regional Director Mohammad Naciri said in inviting Bishop to be UN Women regional goodwill ambassador.

UN Women is the United Nations organization dedicated speeding up progress on gender equality and the empowerment of women worldwide.  

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Human Rights

Misuse of terrorism laws during conflict creates ‘unmitigated calamity’

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All UN entities engaged in counter-terrorism must ensure the full application of international law, including international humanitarian law and refugee law. IOM/Amanda Nero

The misuse of terrorism laws during conflict situations often leads to an “unmitigated calamity” on the ground, an independent UN expert has warned. 

Fionnuala Ní Aoláin, UN Special Rapporteur on the promotion and protection of human rights while countering terrorism, told the General Assembly on Thursday that what are being billed by some governments as counter-terrorism measures, are being applied frequently to address domestic strife and in complex humanitarian settings.

In these cases, they can have a catastrophic impact on civilian populations, she said, which are being “squeezed by broadly framed terrorism laws and practices with little or no recourse, when misuse occurs”.

Protecting rights, enforcing norms

The independent expert identified a “profoundly” worrying pattern whereby some States are ignoring or undermining humanitarian rules because counter-terrorism “offers a more open-ended, under-regulated and opaque set of tools”, to manage complex problems.

Her report tracks the essential relationship between protecting the human rights of the most vulnerable – including the elderly and children – in complex and fragile settings and enforcing basic humanitarian norms, including providing humanitarian assistance.

“I am profoundly troubled by the failure to apply humanitarian exemptions for activities that are humanitarian and impartial in nature”, said Ms. Ní Aoláin. 

“Such short-sighted tactics of withholding or criminalizing humanitarian assistance only prolongs conflicts, alienates those who are needed to ultimately resolve such conflicts, and hurts the most marginal in society”.

Affirm compliance

In her report, the Special Rapporteur acknowledged the Security Council’s “persistent and unequivocal affirmation” that counter-terrorism measures must “always and fully” comply with the overarching norms of international human rights law, international humanitarian law and refugee law.

She called on States to review existing sanctions systems to make sure that they are rule of law-compliant and provide “meaningful opportunity to challenge, review and end sanctions practices for affected individuals and their families”.

The UN envoy also applauded the work of impartial humanitarian actors, who carry out their duties in extreme conditions and under significant stress to protect the vulnerable. 

“The challenge now for States is to acknowledge and protect these actors effectively”, she spelled out. 

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