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Human Rights

Rape is wrong but death penalty, castration, not the answer

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Liberian men march with anti-rape posters (file photo). UNMIL/Staton Winter

Michelle Bachelet has issued a statement calling on governments to step up action against these crimes, improve access to justice and reparations for victims, and institute prompt criminal investigations and prosecutions for those responsible. 

Outrage and calls for justice 

Her intervention comes in the wake of recent reports of horrific rapes in numerous parts of the world, including Algeria, Bangladesh, India, Morocco, Nigeria, Pakistan and Tunisia. 

These incidents have prompted outrage and demands for justice. 

“I share the outrage and stand in solidarity with the survivors, and with those demanding justice. But I am concerned that there are also calls – and in some places laws already being adopted – bringing in cruel and inhuman punishments and the death penalty for perpetrators,” said Ms. Bachelet. 

Castration and capital punishment 

The UN human rights chief provided examples of these laws, such as a legal amendment instituted last month in Kaduna state, located in northwestern Nigeria. 

The law allows surgical castration for male rapists, and the removal of the fallopian tubes of women convicted of the crime: a surgery known as bilateral salpingectomy.  These procedures will be followed by the death penalty if the victim is under 14. 

Earlier this week, the government of Bangladesh approved an amendment which introduces the death penalty for rape, while in Pakistan there have been calls for public hanging and castration.  

Similar demands for the death penalty have been made elsewhere. 

Access to justice is key 

While the main argument for capital punishment in this case is the belief that it deters rape, there is no evidence to support this, according to Ms. Bachelet. 

“Evidence shows that the certainty of punishment, rather than its severity, deters crime”, she said.  

“In most countries around the world, the key problem is that victims of sexual violence do not have access to justice in the first place – whether due to stigma, fear of reprisals, entrenched gender stereotypes and power imbalances, lack of police and judicial training, laws that condone or excuse certain types of sexual violence or the lack of protection for victims.”  

 A greater role for women 

The High Commissioner stressed that the death penalty, or penalties like surgical castration or removal of the fallopian tubes, will not resolve any of the myriad barriers to accessing justice, nor will it serve a preventive role. 

“In fact, the death penalty consistently and disproportionately discriminates against the poor and most marginalized individuals, and often results in further human rights violations,” she stated, while pointing out that surgical castration and salpingectomy violate international human rights law. 

 “I urge States to adopt a victim-centred approach to fighting the scourge of rape and other sexual violence. It is crucial that women are active participants in designing measures to prevent and address these crimes, and that law enforcement and judicial officials receive the requisite training in handling such cases,” she said.  

 “Tempting as it may be to impose draconian punishments on those who carry out such monstrous acts, we must not allow ourselves to commit further violations.”

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Human Rights

Urgent action needed to protect Vietnamese workers trafficked to Serbia

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Urgent action is required to assist and protect some 400 Vietnamese migrant workers who were allegedly trafficked to Serbia, experts appointed by the UN Human Rights Council said on Friday. 

Eight companies, including Vietnamese labour recruitment agencies and Chinese construction firms registered in Serbia, have reportedly been implicated in serious human rights abuses, they said, citing information received.  

The experts have written to the businesses and are also in contact with authorities in the three countries.  

Appalling conditions 

“We are deeply concerned that these migrant workers may have been trafficked for purposes of forced labour, and have been living and working in appalling conditions in Serbia, at serious risk to their lives and health,” they said in a statement. 

They were also disturbed by allegations that civil society groups wanting to assist the workers have not been allowed access to them. 

The experts urged the Governments of Serbia, Viet Nam and China to ensure that businesses based in their territory, or operating under their jurisdiction, respect the human rights of all workers. 

“This includes not only the businesses who rely on migrant labour but also labour recruitment agencies,” they said. 

Duty to protect 

Regulation and monitoring of labour recruitment agencies is also critical to effectively prevent trafficking for the purposes of forced labour, they added. 

The experts reminded governments of their duty to protect against business-related human rights abuses. 

Countries must also take appropriate steps to ensure victims have access to justice and effective remedies, and to ensure ongoing assistance and protection, including against forced return. 

They also highlighted the obligations of businesses to exercise due diligence in ensuring that the rights of all workers are protected, without discrimination, recognising the particular needs and rights of migrant workers. 

Independent experts 

The eight human rights experts who issued the statement receive their mandates from the UN Human Rights Council, located in Geneva. 

They monitor and report on specific issues of global concern, which include trafficking in persons, contemporary forms of slavery, the human rights of migrants, and implementation of UN principles on business and human rights. 

The experts operate in their individual capacity and are neither UN staff nor are they paid for their work. 

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Human Rights

UNRWA condemns demolition of Palestinian home in East Jerusalem

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The Salhiyya family's personal belongings after the demolition of their home in East Jerusalem. © UNRWA

The UN agency that supports Palestinian refugees, UNRWA, on Thursday urged Israeli to immediately halt all evictions and demolitions in the West Bank, including East Jerusalem, after an entire family was forced out of their long-term home the previous day.  

Israeli police evicted the Salhiyya family from their two adjacent houses, according to news reports, in the Sheikh Jarrah neighbourhood in East Jerusalem early on Wednesday, and later tore down the structures – a move which UNRWA’s West Bank field office has condemned. 

Staff who visited the scene on Thursday morning observed the total destruction of the property, with school bags, clothes and family photos still partially visible beneath the rubble. 

Against international law 

“Under international humanitarian law, the forcible transfer of protected persons, as well as the destruction of real or personal property belonging individually or collectively to private persons by Israel, as the occupying power, is strictly forbidden, except where such measures would be rendered absolutely necessary by imperative military reasons, or for the security of the population under occupation,” the agency said. 

The 15-member Salhiyya family, who include an older woman and young child, had been living in Sheikh Jarrah for nearly 40 years, according to UNRWA.   

The neigbourhood and tensions surrounding evictions, and attempted evictions, was at the heart of brutal fighting that erupted last year in Gaza, between Israel and the militant group, Hamas. 

Arrests and injuries 

Israeli forces raided the two Salhiyya houses on the property, at 3am on Wednesday, while the family was sleeping.   

In a matter of hours the homes, as well as their possessions, were destroyed, UNRWA said, adding that Israeli forces injured several family members during the eviction operations. 

The head of the family, Mahmoud Salhiyya, along with other relatives, was also arrested.  Mr. Salhiyya had threatened to set himself on fire two days ago after Israeli forces demolished his business, located next door. 

Other families at risk 

UNRWA stated that sadly, cases like the Salhiyya’s are not unique as scores of Palestine refugee families in different areas of Sheikh Jarrah alone – over 200 persons, many of them children – currently face imminent threat of eviction.  

Across East Jerusalem, an estimated 218 Palestinian households are at risk of displacement by the Israeli authorities, the agency said, citing 2020 data from the UN humanitarian affairs office, OCHA

These households comprise some 970 people, including 424 children. 

UNRWA called on the Israeli authorities to abide by international law and, as the occupying power, to ensure the protection of Palestine refugees and civilians in the West Bank, including East Jerusalem.  

“All individuals have a right to safe and secure housing and to live in peace and dignity,” said the agency. 

Agencies call for release of seriously ill child 

In another development in the region, UNRWA and two other UN agencies are calling for the immediate release of a seriously ill Palestinian child detained in Israel. 

Amal Nakhleh, now 18, has been held without charge for more than a year, a measure known as administrative detention.  He has a rare neuromuscular disorder, according to media reports. 

Israel has extended his detention until 18 May, according to a statement issued on Thursday by the UN Children’s Fund (UNICEF), UNRWA, and the UN human rights office, OHCHR

“Neither Amal nor his lawyers or family have been informed of the reasons for his arrest and detention. Amal suffers from a severe autoimmune disease that requires continuous medical treatment and monitoring,” they said. 

Not an isolated case 

The UN agencies called for his “immediate and unconditional release”, in line with international human rights law. 

This is not an isolated case, they added, as currently at least three Palestinians are in administrative detention who were under age 18 when they were first detained. 

“We echo the calls of the UN Secretary-General who in his Report on Children and Armed Conflict has, every year since 2015, urges Israel to end the administrative detention of children. This practice deprives children of their liberty and must immediately end.” 

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Human Rights

UNRWA seeks $1.6 billion to support Palestinian refugees in 2022

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A young girl takes part in UNRWA's Keeping Kids Cool summer activities in Gaza. © UNRWA 2021/Mohamed Hinnawi

The UN agency that supports Palestinian refugees, UNRWA, on Tuesday appealed for $1.6 billion to support its lifesaving work this year amid acute regional crises and chronic funding shortfalls. 

UNRWA provides services and programmes, including education, health and food assistance, to more than five million Palestinians across the Middle East. 

The 2022 budget proposal includes additional emergency funding to address humanitarian needs arising from crises in Gaza, the West Bank, Syria, and Lebanon. 

‘Indispensable’ to stability 

Philippe Lazzarini, the agency’s Commissioner-General, said budget shortfalls pose a serious threat to its ability to maintain operations. 

“The international community recognizes the lifesaving role of UNRWA and its indispensable contribution to stability in the Middle East. It also recognizes how cost-efficient and agile UNRWA is. In 2022, that recognition must be supported by the adequate level of funding to meet this critical moment for Palestine refugees,” he said

The budget proposal comes as UNRWA confronts chronic funding gaps as needs keep rising. 

Distress and despair 

It is estimated that 2.3 million Palestinian refugees are living in poverty, and the COVID-19 pandemic continues to threaten health and livelihoods. 

Distress and despair have become the norm among Palestinian refugees, according to UNRWA.  Many, particularly in Gaza, Syria and Lebanon, report that they are ready to use any means to try to migrate outside of the region. 

Breaking the cycle 

UNRWA has committed to investing in comprehensive programmatic reform and modernization to meet needs in an even more cost-effective and efficient manner.  

The agency said that being fully-funded across its full range of services, will assist its efforts towards breaking the cycle of despair among Palestinian refugees through measures such as providing some $31.2 million in microfinance loans and carrying out vital structural improvements to refugee camps. 

 “The amount that UNRWA is requesting for 2022 will directly contribute to the wellbeing of Palestine refugees, to efforts to combat and contain COVID-19 and to regional stability,” said Mr. Lazzarini. urging donors to step up. 

“The international community must give UNRWA sufficient and predictable funding so we may continue to provide Palestine refugees with a sense of security and normality they deserve.” 

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