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  • Balkan Legal News - 5 April 2024

    The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 28 March 2024 to 4 April 2024. Guernica 37 will provide weekly media updates with a focus on Bosnia and Hercegovina, Croatia, Kosovo, Montenegro, North Macedonia and Serbia. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Balkans - 4 April 2024 Negotiators from the EU Parliament and Council gave the green light to the Commission's proposal for the Instrument that will link payments of €6 billion to the six Balkan countries to implement agreed socio-economic reforms; see here. Serbia - 4 April 2024 Serbian President Aleksandar Vucic announced today that authorities have apprehended two individuals suspected of the heinous murder of two-year-old Danka Ilic from the town of Bor in Eastern Serbia; see here. Romania - 3 April 2024 A draft law empowering Romanian military intervention abroad to protect its citizens is seen as primarily concerning Moldova, where at least a million people have Romanian citizenship; see here. Kosovo - 3 April 2024 In the first year of the trial of Kosovo’s former President Hashim Thaci and three co-defendants, the Hague war crimes court has heard testimony about murder and torture, but many sessions have been held behind closed doors; see here. Serbia - 3 April 2024 The Serbian war crimes prosecution urged Belgrade Higher Court to send nine former Yugoslav Army soldiers to jail for war crimes against civilians in four Kosovo villages around the town of Peja/Pec in the spring of 1999; see here. Balkans - 3 April 2024 The Political Declaration of the Ministerial Conference on Restoring Justice for Ukraine held in The Hague was signed by 44 states; it expresses support for the establishment of a special tribunal for the crime of aggression and initiatives to use frozen Russian assets for the benefit of Ukraine; see here. Serbia - 2 April 2024 A luxury real estate venture backed by Jared Kushner in Serbia has stoked fierce opposition from public officials and civilians who have accused Kushner of cultural insensitivity over the project; see here. Montenegro - 1 April 2024 Montenegrin President Jakov Milatovic will initiate legislation to compensate former inmates of the Yugoslav Communist regime’s notorious Goli Otok (Barren Island) prison off the coast of Croatia; see here. Bosnia - 1 April 2024 Samir Nukic was charged with inciting ethnic, racial and religious hatred for writing posts on Facebook insulting Croat children who were killed in an artillery attack in the town of Vitez during wartime in 1993; see here. Kosovo - 29 March 2024 Wartime Kosovo Liberation Army officer Salih Mustafa was ordered to give his victims over 200,000 euros after he was convicted. His apparent inability to pay the compensation has left them frustrated and the Hague court looking for a solution; see here. Balkans - 29 March 2024 Migrants are at a major risk of becoming addicted to tranquilisers as they travel along the Balkan route, a new EUobserver investigative report has revealed. According to the report, the extensive and unregulated distribution of psychotropic drugs in reception centres is not documented in official figures; see here. Bulgaria - 29 March 2024 Bulgaria’s Parliament hastily leapt into the process of amending laws on March 29 in a bid to resolve issues related to the process of the head of state appointing a caretaker Prime Minister; see here.

  • International Legal News - 2 April 2024

    The following media round up on international and foreign policy issues from around the world for the period of 26 March to 2 April 2024. Guernica 37 will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Iran – 1 April Iran's systematic repression of Baha'is, the most significant unrecognised religious minority in the country, amounts to a crime against humanity, according to a report by Human Rights Watch. The report reveals that Iranian authorities arrest and imprison Baha'is arbitrarily, confiscate their property, restrict their education and employment opportunities, and even deny them dignified burials. The report calls for UN member states to support national prosecutions under the principle of universal jurisdiction and renew the UN Fact-Finding Mission's mandate. The report also calls for increased international pressure on Iran to end this crime against humanity. https://www.hrw.org/news/2024/04/01/iran-persecution-bahais Mexico – 1 April Human Rights Watch has released a documentary titled "Keys to My Freedom" in Mexico, highlighting the economic, medical, and labour discrimination faced by trans people in the state of Guanajuato. The documentary follows the stories of two transgender women, Ivanna Tovar and Kassandra Mendoza, who have fought to have their gender and names legally recognised. The documentary also highlights the challenges trans people face in work and education due to the state's delay in recognising their gender identity. The state's governor and Congress wish to establish a legal gender recognition procedure to reduce discrimination. The documentary highlights the need for Mexico to follow the lead of other states that uphold the rights of their gender minorities by creating an administrative gender recognition procedure. https://www.hrw.org/news/2024/04/01/mexico-guanajuato-should-legally-recognize-trans-identities Japan – 29 March Japan's Ministry of Justice has broadened a directive that bans restraints on imprisoned pregnant women inside delivery rooms. The new directive, issued on March 18, now includes an effective ban on handcuffing pregnant women during transportation to outside medical institutions and upon arrival at the medical institution and until entering the delivery room. The revision comes after Justice Minister Ryuji Koizumi admitted that prison authorities violated the 2014 directive six times between 2014 and 2022. Restraining imprisoned people during labour and childbirth contravenes international standards, such as the Mandela Rules and the Bangkok Rules. The Japanese government are facing pressure to further expand the ban by forbidding restraints on pregnant prisoners during health check-ups, gynaecological examinations, and immediately after giving birth. https://www.hrw.org/news/2024/03/29/japan-broadens-ban-restraints-jailed-women-labor Lebanon/Israel – 29 March The United Nations Interim Forces in Lebanon (UNIFIL) has been urged to release the findings of its investigation into two Israeli strikes on a group of journalists in South Lebanon on October 13, 2023. The strikes killed Reuters journalist Issam Abdallah and injured six other media workers. The UNIFIL found that an Israeli tank killed Abdallah by firing two 120 mm rounds at a group of “clearly identifiable journalists” in violation of international law. The UNIFIL investigation corroborated the findings of investigations conducted by Reporters Without Borders, Reuters, AFP, Amnesty International, and Human Rights Watch. The victims and survivors request that UNIFIL make its full investigation public under the UN’s commitment to transparency. If UNIFIL cannot make the entire report public, they ask for a public statement explaining why and providing a timeline for when publication will occur. https://www.hrw.org/news/2024/03/29/un-report-israeli-killing-journalist-lebanon Somalia – 29 March Somalia's Parliament is expected to vote on proposed constitutional amendments that could weaken rights protections for children, according to Human Rights Watch. The proposed amendments would increase the risk of child marriage, lower juvenile justice standards, and possibly permit certain forms of female genital mutilation. The proposed amendments would place girls at greater risk of child marriage, affecting their reproductive health, access to education, and protection from other forms of abuse. The proposed amendments also include physical development to determine a person's maturity, contrary to international standards. The amendments also raise concerns regarding other harmful practices, such as FGM, which has one of the highest rates in the world. The constitutional review should ensure a complete ban on all forms of FGM is enshrined in the constitution. https://www.hrw.org/news/2024/03/29/somalia-constitutional-proposals-put-children-risk Nigeria – 28 March The International Criminal Court (ICC) Office of the Prosecutor (OTP) has expressed its concern over the slow progress of investigating atrocities committed by Boko Haram and Nigerian security forces in northeast Nigeria. The OTP's visits to the country have mainly focused on meeting with national authorities rather than investigating the atrocities. The OTP has yet to formally move to open an investigation despite its 2020 decision that an investigation was warranted. The OTP's statement confirms its disregard for its legal duty to investigate when states do not and its emptiness in its commitment to Nigerian victims. The OTP's statement also highlights the lack of progress in addressing the situation before the ICC. Since 2009, war crimes and crimes against humanity have been committed by Boko Haram and Nigerian security forces in the region. https://www.amnesty.org/en/latest/news/2024/03/nigeria-icc-must-not-dash-the-hope-of-survivors-of-atrocities-by-the-military/ Haiti – 28 March Human Rights Watch has recommended six key measures to address the deteriorating situation in Haiti, urging United Nations Security Council members to restore basic security. The six measures include establishing a transitional government, providing humanitarian aid, supporting accountability efforts, stopping the flow of weapons and ammunition into Haiti, and ending forced returns of Haitians fleeing violence. The council should ensure funding and resources for establishing a multinational security support mission, which it authorised in October 2023, with all necessary human rights safeguards. https://www.hrw.org/news/2024/03/28/haiti-six-urgent-steps-overcome-crisis Eswatini – 28 March Amnesty International has called on Eswatini authorities to stop the harassment and intimidation of Tanele Maseko, the widow of the late human rights lawyer Thulani Maseko. The arrest of Maseko and her relatives on 27 March at the Oshoek Border post in Eswatini was a clear violation of her human rights, including freedom of movement and expression. The confiscation of her passport and mobile phone without proper authorisation breached her rights under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. The organisation urged authorities to focus on investigating Thulani Maseko's murder and bringing those responsible to justice. Maseko has been vocal in campaigning for justice for her late husband. https://www.amnesty.org/en/latest/news/2024/03/eswatini-authorities-must-stop-harassment-and-intimidation-of-tanele-maseko/ Syria/Turkey – 28 March Turkish authorities are deporting thousands of Syrians to Tel Abyad, a remote district in northern Syria, causing dire humanitarian conditions. Between January and June 2023, the Tel Abyad border crossing administration published monthly or daily numbers of Syrian returnees on its Facebook page, labelling all as voluntary. Human Rights Watch has found that Turkish forces have arrested, detained, and summarily deported thousands of Syrian refugees since at least 2017, often coercing them into signing "voluntary" return forms and forcing them to cross into northern Syria. Between January and December 2023, Turkish authorities deported 57,519 Syrians and others over its border crossings, including 16,652 through the Tel Abyad crossing. The Al Bir Society for Social Services in Tel Abyad hosts about 40 deportees daily and shelters 1,500 between June and December. https://www.hrw.org/news/2024/03/28/syrians-face-dire-conditions-turkish-occupied-safe-zone Saudi Arabia – 27 March Saudi Arabia has arrested 12 football fans for reciting a folkloric chant commemorating the birth of Imam Ali, a figure revered by Shia Muslims, at a football match in January 2024 and publishing a video of it on social media. If convicted, the fans, members of the Al Safa Football Club supporters' association, could face up to five years in jail. The Saudi authorities have charged the fans under the Kingdom's Anti-Cybercime Law, which prohibits the production, preparation, transmission, or storage of material impinging on public order, religious values, morals, and privacy. The Al Safa Football Club was fined 200,000 Saudi Arabia Riyals (around US$53,000) and is now obliged to play the next five matches in its home base without a fan presence. https://www.amnesty.org/en/latest/news/2024/03/saudi-arabia-detained-football-fans-could-face-up-to-five-years-in-prison-for-chanting-during-match/ Yemen – 27 March A Houthi court in Yemen has sentenced 32 men to death and flogging, citing "sodomy" as the basis for the sentences. Human Rights Watch has found severe due process violations, including police officers failing to provide arrest warrants and unlawfully searching and confiscating the men's phones. The Houthi armed group took over Yemen's capital in 2014, causing the internationally recognised Yemeni government to flee. The Houthi courts have repeatedly arrested people who have been critical of their policies under the guise of "committing immoral acts." The UN High Commissioner for Human Rights said that the defendants were sentenced to death in a judicial process that violated their constitutional rights and did not comply with fair trial standards under international law. https://www.hrw.org/news/2024/03/27/yemen-houthis-sentence-men-death-flogging El Salvador – 27 March El Salvador's government has been ignoring its international human rights obligations by maintaining a state of emergency and implementing amendments to criminal law that undermine the presumption of innocence and the right to defence. This decision has led to numerous allegations of serious human rights violations and calls for attention and concern from regional and universal bodies. As of February 2024, victims' movements, local human rights organisations, and media reports have registered 327 cases of enforced disappearances, over 78,000 arbitrary detentions, a prison overcrowding of approximately 148%, and at least 235 deaths in state custody. The situation has also increased the risk faced by human rights defenders and any dissident or critical voice, as they are criminalised under the state of emergency. https://www.amnesty.org/en/latest/news/2024/03/el-salvador-two-years-emergency-rule/ Hong Kong – 26 March Hong Kong has enacted a draconian security law, Article 23, which criminalises vague behaviour such as possessing information that is "directly or indirectly useful to an external force." The city was once known for its freewheeling energy and rule of law, with a semi-democratic Legislature that kept the powerful in check. The people of Hong Kong had taken precautions, disposing of dangerous books, T-shirts, film footage, computer files, and other documents from the heady days when the international financial centre was also known for its residents' passionate desire for freedom. The Chinese government has couched this repression in terms like "rule of law," leaving the rest of the world detached from the reality on the ground. https://www.hrw.org/news/2024/03/26/hong-kongers-are-purging-evidence-their-lost-freedom Lesotho – 26 March Amnesty International has called for an investigation into the torture of detainees at Maseru Correctional Centre Institution (MCCI) in Lesotho. The Lesotho Ombudsman's report revealed a pattern of human rights violations, including torture, excessive use of force, and denial of medical care. The report confirmed the extent of unacceptable abuse suffered by inmates, with correctional officers colluding to justify their actions. Senior officers disregarded the misconduct, indicating a deeply ingrained culture of impunity within the institution. Amnesty International's Deputy Regional Director for East and Southern Africa, Vongai Chikwanda, urged authorities to initiate a prompt, independent, impartial, transparent, and effective investigation into the alleged acts of torture and abuse. https://www.amnesty.org/en/latest/news/2024/03/lesotho-authorities-must-investigate-torture-of-detainees-at-maseru-correctional-institution/ Brazil – 26 March Brazil's administration should work with Congress to approve the Escazú Agreement. This regional treaty protects the rights of access to information, justice, and public participation in decision-making processes on environmental matters and includes provisions for protecting environmental human rights defenders. The letter's signatories include organisations working with communities affected by environmental destruction and violence, groups working on the environment, Indigenous rights, transparency, access to information, human rights, and academic institutions. The Escazú Agreement, adopted in 2018 by 24 Latin American and Caribbean states, guarantees everyone's right to access environmental information, participate in decision-making processes, and ensure adequate access to justice when rights are violated. It also requires countries to provide a safe environment for ecological defenders and hold accountable those who threaten or commit acts of violence and intimidation against them. The agreement is particularly relevant to countries like Brazil, where environmental and land defenders face threats and attacks. Human Rights Watch has documented the plight of communities in the Amazon trying to protect their land and environment from criminal networks involved in illegal logging, mining, and land grabs. https://www.hrw.org/news/2024/03/26/brazil-join-regional-treaty-environment-defenders UK – 26 March The UK High Court has adjourned Julian Assange's permission to appeal his extradition to the United States, leaving him and all media workers in limbo. Simon Crowther, Legal Adviser at Amnesty International, criticised the decision, stating that the UK remains intent on extraditing Assange despite the risk of torture or ill-treatment in the US. He argued that the US has allegedly assured the UK that it will not violate Assange's rights, but this assurance needs to be revised and filled with loopholes. The court rejected some Assange's arguments, notably that the extradition was political. The court paused proceedings on other grounds to allow the US to make diplomatic assurances, which it will then reconsider. Crowther urged the US to stop its politically motivated prosecution of Assange, which puts Assange and media freedom at risk worldwide. The court will now adjourn and allow the US to file fresh diplomatic assurances following a 20-21 February hearing. The court will reconsider on 20 May. https://www.amnesty.org/en/latest/news/2024/03/uk-high-court-adjournment-of-appeal-leaves-julian-assange-and-all-media-workers-in-limbo/

  • Balkan Legal News - 29 March 2024

    The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 23 March 2024 to 29 March 2024. Guernica 37 will provide weekly media updates with a focus on Bosnia and Hercegovina, Croatia, Kosovo, Montenegro, North Macedonia and Serbia. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Montenegro – 27 March 2024 Environmental groups say a planned LNG terminal in the port of Bar is contradictory to Montenegro’s climate goals, but the project has US and EU backing. See here. Kosovo – 27 March 2024 The former head of the US Kosovo Diplomatic Observer Mission, Shaun Byrnes, told the war crimes trial of ex-President Hashim Thaci and three other former Kosovo Liberation Army officers that he never had evidence that they ordered abductions. See here. Croatia – 27 March 2024 Croatia’s Zoran Milanovic knew the courts would knock down his bid to run for the premiership while simultaneously serving as president, but in just raising the idea he has ignited an election campaign that seemed destined to end in another win for his arch-rival. See here. Moldova – 27 March 2024 Moldova's top court has ruled that changes to the electoral code adopted last year – banning fugitive oligarch Ilan Shor's candidates from elections – were unconstitutional. See here. Serbia – 26 March 2024 Serbia’s foreign minister criticised the UN Security Council’s decision not to hold a Russian-proposed debate about NATO’s 1999 air campaign against Yugoslavia, while Kosovo accused Moscow of using the issue to justify its war in Ukraine. See here. See here. Bosnia and Herzegovina – 26 March 2024 High Representative Christian Schmidt used his powers to impose legislation on Bosnia and Herzegovina to introduce new set of rules aimed at ensuring free elections and preventing vote-rigging. See here. Albania – 26 March 2024 Jorgo Goro, who became acting mayor of Himara municipality amid a diplomatic row between Albania and Greece over his election rival’s arrest, was ordered into detention on suspicion that he transferred state land to private individuals. See here. Hungary – 26 March 2024 Peter Magyar says he has handed over to prosecutors a secretly recorded tape of his ex-wife, former justice minister Judit Varga, appearing to admit members of Orban’s government tampered with evidence in a major corruption case. See here. Kosovo – 25 March 2024 Report by rapporteur Dora Bakoyannis advises positive response to Kosovo's Council of Europe membership bid, after it met key criterion when it granted disputed land to a Serb Orthodox monastery last week. See here.

  • NewsClick case in India: Guernica 37 Chambers and RSF call on the European Union to sanction Delhi police officers

    Guernica 37 Chambers and Reporters Without Borders (RSF) call on the European Union to sanction four high-ranking officers of the Delhi police, responsible – directly or indirectly – for exactions against dozens of journalists working or having collaborated with the independent media NewsClick. The arbitrary raid by the Indian police against journalists working for the independent online media NewsClick must not go unaddressed. Toby Cadman and Omar Soliman from Guernica 37 Chambers, specialists in human rights and international criminal law, along with RSF submitted the case to the European External Action Service (the European Union’s diplomatic service) with a request to refer it to Member States to adopt sanctions against four officials of the Delhi police’s counter-terrorism unit, who are implicated in an unprecedented crackdown on journalists in the country. On their orders, members of this Special Cell raided the homes of 46 journalists in the capital and surrounding towns in October 2023. All were journalists, contributors, or former employees of NewsClick, an independent media organisation founded in 2009. More than 480 electronic devices – including telephones and laptops – were seized. Two members of the media company – Human Resources Director Amit Chakravarty and NewsClick founder Prabir Purkayastha – were taken into custody and charged under the draconian UAPA (Unlawful Activities Prevention Act) anti-terrorism law. They have since been detained in Delhi’s Tihar prison. Guernica 37 and RSF are calling for European Union sanctions against these police officers, under a scheme introduced in December 2020 to address serious human rights violations in third countries. These can range from a ban on entering the European Union to the freezing of assets on that territory and the prohibition of doing business with European entities. “The actions of the Delhi Police Special Cell against journalists associated with NewsClick represent one of the most blatant attacks on press freedom in India. These raids, carried out on an unprecedented scale, with the deployment of 500 police officers, are an alarming step in an already worrying context of repression of journalists. These acts of terror require urgent action on the part of the European Union. This would be a strong act to alert the international community on the unacceptable repression of journalists, and a necessary warning to the Indian authorities in the run-up to the general elections.” Celia Mercier, South Asia desk, Reporters Without Borders. Accused by these specialised police unit of receiving illegal Chinese funding, the NewsClick editorial team is mainly targeted for its investigative reporting. Several journalists targeted by the raids had investigated alleged fraud committed by the Adani conglomerate, whose chairman is considered close to current Prime Minister Narendra Modi. Other reporters appear to have been targeted for their coverage of farmers’ protests between 2020 and 2021. The Delhi Police Special Cell, under the direct control of the Home Ministry headed by Amit Shah, is regularly used to intimidate voices critical of the government – this was notably the case during the student protests of 2020 with several arrests of activists protesting against the controversial Citizenship Amendment Act (CAA) reform. “The Delhi Police’s Special Cell seems to be one of the go-to bodies for the government of India to target critics, including journalists. Their speciality lies in the use of the UAPA to target dissidents. Both the UN and multiple foreign governments have warned the UAPA is ripe for misuse by authorities.” Toby Cadman, Barrister and Founder of Guernica 37 Chambers Press freedom has been under constant attack in India since Narendra Modi came to power. In 2023, India fell a further 11 places in RSF’s World Press Freedom Index to its worst ever position of 161st/180th, down from 133rd in 2016.

  • International Legal News - 25 March 2024

    The following media round up on international and foreign policy issues from around the world for the period of 19 March to 25 March 2024. Guernica 37 will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Nigeria – 24 March Nigerian pupils taken by gunmen in a mass abduction in the north-western town of Kuriga have been freed "unharmed", according to Kaduna state governor Uba Sani. The school authorities had reported that more than 280 children were taken, but the army said 137 hostages had been freed. The operation occurred in the early hours of Sunday morning, days before a ransom deadline. The children aged eight to 15 and one teacher were abducted on 7 March. Kidnap gangs, known as bandits, have seized thousands of people in recent years, especially in the north-west. This month, six mass abductions have rocked parts of northern Nigeria. Those kidnapped are usually freed after a ransom is paid. This time, the kidnappers demanded $690,000 (£548,000), but the government said it would not pay any ransom. Governor Sani praised Nigeria's President Bola Tinubu for ensuring the abducted Kuriga schoolchildren are released unharmed and commended the Nigerian Army for showing that with courage, determination, and commitment, criminal elements can be degraded, and security restored in communities. https://www.bbc.co.uk/news/world-africa-68649221 Russia – 23 March A Moscow concert by veteran band Picnic was filled with panic as gunmen broke into the auditorium and opened fire at random, killing and wounding members of the public as they walked in. The attack was the deadliest attack on civilians in Russia for years, with many from Krasnogorsk, Khimki, and nearby towns on Moscow's north-western fringe. The attack left many in the audience running away in all directions, with some trying to find higher exits only to find some doors locked. A mass shooting at Moscow's Crocus City Hall concert venue in Krasnogorsk has left over 100 dead and 200 injured. The attack, which began with a petrol bomb, spread rapidly to the building's roof, causing it to collapse and gutted the top two floors. The attackers used a car to escape, and the US intelligence account indicated that Islamic State was behind the attack. Ukraine denied any involvement, but Russia's FSB security service claimed the perpetrators had contacts in Ukraine. The Russian president, Vladimir Putin, addressed the nation in grief, comparing the killers to the Nazis of World War Two and announcing a National Day of Mourning on Sunday. https://www.bbc.co.uk/news/world-europe-68644965 Sudan – 22 March The UN Human Rights Council has discussed the ongoing conflict in Sudan, which has led to the most significant internal displacement crisis in the world and a downward spiral of extreme hunger. Nearly 230,000 children, pregnant women, and new mothers could die due to starvation in the coming months. Aid organisations have highlighted that Sudan armed forces (SAF) are obstructing their delivery of aid to Rapid Support Forces (RSF) controlled areas, which may constitute a war crime. Both parties have committed heinous abuses, including the devastating use of sexual violence in Darfur and Khartoum, particularly by the RSF. The Council urges states to support the Fact-Finding Mission in holding perpetrators accountable, demand the release of all arbitrarily detained individuals, call for free and fair elections, and urge the Maduro government to comply with the Barbados Agreement. The Council also encourages re-establishing an OHCHR presence in Venezuela and the continued work of the Fact-Finding Mission. https://www.hrw.org/news/2024/03/22/spiralling-crises-sudan-and-venezuela-require-sustained-attention-un-human-rights EU – 22 March The European Council's call for a sustainable ceasefire in Gaza is not sufficient to end civilian suffering, according to Amnesty International's Head of the European Institutions Office, Eve Geddie. The council's decision to call for a ceasefire is overdue but insufficient, given the horrific conditions Palestinian civilians have been experiencing over the past six months. Over 32,000 people have been killed in Israel's ruthless military campaign, over a thousand children have become amputees, entire neighbourhoods and towns have been destroyed, the healthcare system has been almost destroyed, and an imminent Israeli-engineered famine is now looming. The crisis in Gaza is a man-made humanitarian catastrophe, and those responsible for all the crimes under international law must be held accountable. The European Council's failure to attribute responsibility to Israel for its gross violations of international law is sending a message of impunity and contributing to the catastrophe in Gaza. The EU and member states must take concrete measures to prevent genocide against Palestinians in Gaza, including fully reinstating funding for UNRWA and ceasing all export of arms and ammunition to Israel. https://www.amnesty.org/en/latest/news/2024/03/eu-european-council-call-for-a-sustainable-ceasefire-in-gaza-not-sufficient-to-end-civilian-suffering/ Canada – 21 March Canada's provinces have committed to ending their immigration detention agreements with the Canada Border Services Agency, a significant victory for migrant and refugee rights. Human Rights Watch and Amnesty International Canada created the #WelcomeToCanada campaign in October 2021 to urge provinces to stop the practice. The federal government should follow the provinces and take meaningful steps to end immigration detention nationwide. The agency has incarcerated thousands of people on immigration grounds in dozens of provincial jails across the country, with conditions from provincial prisons being abusive and punitive. The federal government should invest in rights-respecting, community-based programs operated by local non-profit organisations independently of the border agency. The campaign calls for the federal government to follow the provinces and take meaningful steps to end immigration detention. https://www.hrw.org/news/2024/03/21/canada-all-10-provinces-end-immigration-detention-jails Seychelles – 21 March Human Rights Watch has called for the prosecution of a former presidential adviser and other defendants in a high-profile anticorruption case in Seychelles to be free, fair, and impartial. The ongoing trial of five defendants for alleged illegal possession of firearms and conspiracy to commit terrorism began in July 2023. The case started in November 2021 and involved the arrest of Mukesh Valabhji and his wife, Laura Valabhji, in connection with an allegedly missing US$50 million. The case was reportedly opened in 2017, following President Danny Faure's instruction, but the Valabhjis' lawyers claim that no evidence of theft of the UAE funds has been found. The Attorney General's office is separately prosecuting the Valabhjis, along with three former senior Seychelles army officers, for the importation and unlawful possession of the arms and conspiracy to commit terrorism. The Valabhjis' lawyers have petitioned the United Nations working group on arbitrary detention, alleging that the government of Seychelles is depriving them of their right to liberty and a fair hearing. The Supreme Court of Seychelles dismissed an application by the Valabhjis requesting Chief Justice Rony Govinden to recuse himself from both trials on several grounds. https://www.hrw.org/news/2024/03/21/seychelles-rights-concerns-high-profile-case Democratic Republic of Congo – 21 March A court in Kinshasa, Democratic Republic of Congo, convicted journalist Stanis Bujakera of sharing an article alleging that Congolese military intelligence killed a senior opposition official. Bujakera was released on March 19 after spending six months in pretrial detention. He was charged with fabricating and distributing a fake intelligence memo claiming Congolese military intelligence killed Chérubin Okende, a member of parliament and spokesman for the opposition party Ensemble pour la République. The memo was published in Jeune Afrique and was found to be authentic. Reporters Without Borders and the Congo Hold-Up media consortium investigations confirmed the memo's authenticity. Bujakera was placed in pretrial detention and transferred to prison on September 14. The court denied provisional release, ignoring international bail standards. He was convicted on all charges. Bujakera's six months behind bars and a fine of one million Congolese francs (US$400) serve as a reminder of the growing government crackdown on journalists, human rights activists, critics of the government, and opposition party members. https://www.hrw.org/news/2024/03/21/prominent-congolese-journalist-convicted-baseless-charges India – 20 March Civil society organisations are calling for the immediate release of Kashmiri journalist Irfan Mehraj and human rights defender Khurram Parvez, who have been arbitrarily detained by India's National Investigation Agency (NIA) in Srinagar. Mehraj, an independent journalist and researcher at the Jammu Kashmir Coalition of Civil Society, is facing multiple politically motivated charges, including sedition and 'funding terror activities'. The detentions are part of a growing crackdown against journalists and human rights defenders in Indian-administered Kashmir. The organisations urge Indian authorities to repeal or amend the Unlawful Activities (Prevention) Act (UAPA) and end the criminalisation of human rights defenders and journalists. They also urge the authorities to comply with their international human rights obligations and allow civil society and the media to operate freely in Indian-administered Kashmir and India. https://www.hrw.org/news/2024/03/20/joint-statement-immediately-release-irfan-mehraj Yemen – 20 March Amnesty International has called on the Southern Transitional Council (STC) to release human rights lawyer Sami Yassin Ka’id Marsh, who has been arbitrarily detained without charge for four months for his work in Yemen. Yassin was physically assaulted and detained by STC security forces on 16 November 2023 and held for almost four months at an al-Nasr military camp. He was tortured and held in solitary confinement. He was transferred to Bir Ahmad prison in Aden in March, where he remains amid serious health concerns. Amnesty International has called for his release, protection from torture and ill-treatment, access to adequate medical care, and regular access to his family and lawyer. The organisation has reviewed legal documents, including a complaint submitted by Yassin's lawyer, a lawsuit against the head of the Specialized Criminal Prosecution, and a letter from the Ta’iz branch of the Yemeni Bar Association. https://www.amnesty.org/en/latest/news/2024/03/yemen-stc-must-immediately-release-arbitrarily-detained-human-rights-lawyer-amid-fears-for-his-health/ Belarus – 20 March The Office of the High Commissioner for Human Rights has released a report on the human rights situation in Belarus, revealing a "purge" of independent voices and harassment of human rights defenders, journalists, lawyers, opposition politicians, protesters, and activists. Hundreds remain behind bars on politically motivated charges and face ill-treatment in detention, with some being held in incommunicado detention. Five human rights defenders from Viasna remain imprisoned, and authorities crack down on human rights lawyers in retaliation for representing clients in politically motivated cases. No rights organisation is currently allowed to operate legally in Belarus. Open data suggests that Belarusian authorities have facilitated the illegal forcible transfer of over 2,000 Ukrainian children from Russia-occupied territories to Belarus. The Office's conclusion that grave human rights violations since 2020 in Belarus may amount to crimes against humanity requires a robust response from the international community, especially in a context where there is no meaningful avenue to justice at the national level and human rights work has effectively been outlawed. https://www.hrw.org/news/2024/03/20/belarus-states-un-rights-body-should-ensure-robust-scrutiny-worsening-situation-hrw Global – 20 March Amnesty International's Climate Policy Advisor, Ann Harrison, has called for a focus on human rights at the COP29 climate summit in Azerbaijan. Harrison emphasised the need for a clear pathway to a whole, fast, fair, and funded fossil fuel phase-out. This means COP29 must focus on scaling up targets for climate finance, primarily from states that have been the most significant historical emitters of greenhouse gases and others in a position to do so, particularly G20 and high-income fossil fuel-producing nations. Harrison called for the rapid delivery of trillions of dollars needed to quickly meet the challenges the climate crisis poses to the human rights of billions of people, especially the most marginalised. Harrison also called on Azerbaijan to halt these violations and undertake meaningful reforms before and beyond COP29 to meet its human rights obligations. Harrison also called on COP29's organisers to fully enshrine and guarantee human rights in the Host Country Agreement and allow the full, accessible, and effective participation of civil society at the meeting. https://www.amnesty.org/en/latest/news/2024/03/global-cop29-climate-summit-in-azerbaijan-must-put-human-rights-at-its-core/ Sri Lanka – 19 March Eight Tamil Hindu worshippers were arrested by Sri Lankan police for over ten days while engaging in festival rituals. The eight were detained and allegedly abused but were released on March 19. The Sri Lankan government and nationalist Sinhala Buddhist monks have been targeting Hindu and Muslim religious sites in the country's north and east, violating the right to freedom of religion and belief. The eight were arrested at the Veddukkunaari temple near Vavuniya, a Hindu shrine claimed by Buddhist monks as an ancient Buddhist site. The Vavuniya magistrates court had previously allowed the rituals for the Shivaratri festival to proceed. The Hindu worshippers consider the site to be an ancient Hindu shrine. The Sri Lankan government should publicly direct the Department of Archaeology to end its discriminatory interference in Hindu sites and order the police and other security forces to uphold the rights of Hindus and other minority communities. https://www.hrw.org/news/2024/03/19/sri-lankan-authorities-detain-hindu-worshippers Netherlands – 19 March The Netherlands has passed a vote in the Senate to introduce a consent-based definition of rape into the country's Sexual Offences Act. This move is seen as a historic victory for survivors of sexual violence and a testament to years of campaigning by activists and survivor groups. The Senate voted to remove the requirement that rape must involve physical force, threat, or coercion. The Netherlands will become the seventeenth country out of 31 European states analysed by Amnesty International to recognise that sex without consent is rape. The act will come into force on July 1st, 2024. The vote passed with 73 votes in favour and two against. Amnesty International Netherlands, along with hundreds of activists and an action group of women who experienced sexual violence, has campaigned for a consent-based law for years. https://www.amnesty.org/en/latest/news/2024/03/netherlands-historic-victory-as-dutch-law-adopts-consent-based-definition-of-rape/ Myanmar – 19 March Over three years since the Myanmar military coup, the junta's struggle to consolidate power has led to a population ravage and a surge in humanitarian aid needs. The number of people in need has grown from 1 million before the coup to 18.6 million today, with the UN estimating that 10,000 children under age 5 died last year due to malnutrition. The junta has only intensified its blocking of humanitarian aid as a collective punishment, sustaining its "four cuts" strategy to maintain control. The conflict now affects regional peace and security, spilling over into China, India, Bangladesh, and Southeast Asia. The military's crimes against humanity and war crimes are fuelled by decades of impunity and meagre international efforts. The 2022 Security Council resolution has become the peak of council activity in a country in crisis. UN member states should take more concrete action to pressure the military to stop its abuses, guided by the voices of the Myanmar people. https://www.hrw.org/news/2024/03/19/myanmar-junta-abuses-spur-spiraling-catastrophe Hong Kong – 19 March Amnesty International's China director, Sarah Brooks, has criticised the passing of Hong Kong's Safeguarding National Security Ordinance (Article 23) as a devastating blow to human rights. Brooks said the law sends a clear message that Hong Kong's government's desire to accommodate Beijing's will outstrip any past commitments to human rights. She urged all those with influence in Hong Kong to ramp up pressure on the authorities to respect human rights and repeal all laws that violate them. The Ordinance contains troubling provisions, such as the vague crime of 'external interference', which could lead to activists being prosecuted for their exchanges with foreign actors. Brooks also highlighted the increasing attack on the right to a fair trial, with new investigatory powers allowing detention without charge for 16 days and denying access to a lawyer. https://www.amnesty.org/en/latest/news/2024/03/hong-kong-passing-of-article-23-law-a-devastating-moment-for-human-rights/

  • Balkan Legal News - 22 March 2024

    The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 14 March 2024 to 22 March 2024. Guernica 37 will provide weekly media updates with a focus on Bosnia and Hercegovina, Croatia, Kosovo, Montenegro, North Macedonia and Serbia. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Bosnia - 22 March 2024 Bosnia and Herzegovina begin EU membership negotiations, eight years after it formally applied to join the bloc. EU leaders have now given the plan by the European Commission to begin talks their approval; see here. Turkey - 21 March 2024 The Turkish Constitutional Court’s new president, Kadir Ozkaya, is seen as a balanced figure who might achieve a new ‘equilibrium’ with Erdogan’s government; see here. Montenegro - 21 March 2024 After protests by locals, the government gives Swiss operator two months to fix environmental concerns about the Brskovo zinc and lead mine, adding that it would be best to terminate the contract altogether; see here. Romania - 21 March 2024 Work has begun on expanding the Mihail Kogalniceanu base in Romania, transforming it into the largest NATO military base in Europe; see here. Serbia - 21 March 2024 Justice Ministry removes head of Belgrade prison and orders probe after 74-year-old prisoner serving 30-day sentence died following repeated sexual and physical abuse at the hands of three cellmates; see here. Albania/Serbia - 20 March 2024 Jared Kushner, the son-in-law of former President Donald Trump and a prominent figure in American politics has set his sights on the Balkans with plans for three transformative property developments across Albania and Serbia; see here. Serbia - 19 March 2024 Serbia’s government is not investigating cases of alleged trafficking of foreign workers, which is worrying, the UN’s Special Rapporteur on contemporary forms of slavery tells BIRN; see here. Albania - 19 March 2024 Albania’s Prime Minister Edi Rama declined to answer questions from journalist Ambrozia Meta and instead touched her face - a gesture condemned as intimidating by media rights organisations; see here. North Macedonia - 18 March 2024 The US State Department on Monday blacklisted the former chief of North Macedonia’s now defunct Special Prosecution, Katica Janeva, on account of her involvement in 'significant corruption'; see here. Croatia - 15 March 2024 Croatia’s President Zoran Milanovic on Friday said that, instead of the head of the Social Democratic Party, SDP, Pedja Grbina, he will be the SDP candidate for Prime Minister in parliamentary elections scheduled for April 17; see here.

  • International Legal News - 18 March 2024

    The following media round up on international and foreign policy issues from around the world for the period of 12 March to 18 March 2024. Guernica 37 will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Democratic Republic of Congo – 15 March Amnesty International has condemned the DRC government's decision to resume executions after a two-decade hiatus to combat armed groups and gang violence. The decision is seen as a gross injustice and a sign of the Tshisekedi administration's backtracking on human rights. Amnesty International argues that the death penalty is the ultimate cruel, inhuman, and degrading punishment and calls for an immediate moratorium on executions and the establishment of an official moratorium to abolish it. The last known executions in the DRC took place in 2003. Numerous problems plague the Congolese justice system, and trials rarely meet fair trial standards. President Tshisekedi has publicly complained about the malfunctioning of the justice system, describing it as "sick" earlier this year. https://www.amnesty.org/en/latest/news/2024/03/drc-reinstating-executions-shows-a-callous-disregard-for-human-rights/ Ethiopia – 15 March Ethiopian authorities have released former president Abdi Illey after serving over five years in prison. The move is seen as a setback to ending impunity for crimes involving senior officials. Abdi Illey was initially arrested in 2018 for human rights violations and inciting conflict in the Somali region. However, authorities never brought charges against him for crimes during his decade of abusive rule. Human Rights Watch documented abuses against civilians during counterinsurgency campaigns, including extrajudicial killings, torture, and rape. The decision to drop charges is a devastating blow for victims of abuse under Abdi Illey's rule, as it sends a message that impunity remains. https://www.hrw.org/news/2024/03/15/ethiopia-releases-ex-politician-implicated-heinous-crimes Gambia - 15 March Amnesty International's senior researcher, Michèle Eken, has urged Gambia's parliament to vote against a bill to reverse the ban on female genital mutilation (FGM). Eken believes the bill would set a dangerous precedent for women's rights and tarnish Gambia's human rights record. She argues that legalising FGM would violate the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, and the African Charter on the Rights and Welfare of the Child. Eken also calls for the Gambian government to address the root causes and drivers of FGM and implement comprehensive policies for women and girls' empowerment. https://www.amnesty.org/en/latest/news/2024/03/gambia-parliament-must-not-lift-the-ban-against-female-genital-mutilation/ India – 15 March India's BJP-led government has started implementing the Citizenship Amendment Act (CAA), which fast-tracks citizenship requests from non-Muslims fleeing religious persecution from Pakistan, Afghanistan, and Bangladesh. The law, which was enacted in 2019, has sparked protests, with thousands fearing it could disenfranchise Indian Muslims and strip them of their citizenship rights. The Supreme Court has yet to hear petitions challenging the amendments for religious bias and violating fundamental rights. The United Nations High Commissioner for Human Rights has expressed concern over the law, calling it a "breach of India's international human rights obligations." Opposition leaders have criticised the government for enforcing a law that fosters religious discrimination. https://www.hrw.org/news/2024/03/15/india-activates-discriminatory-citizenship-law Guinea – 14 March The trial of Guinea's former president and ten others, including former ministers, has requested the reclassification of charges to crimes against humanity. The trial examines a brutal event in 2009, where security forces opened fire on peaceful demonstrators, resulting in at least 150 deaths and over 100 rapes. The prosecution team invoked Guinean criminal procedure law and relied on provisions for crimes against humanity in Guinea's 2016 criminal code. The civil parties supported the prosecution's request in court. If the reclassification is approved, it would be the first crime against humanity prosecuted in Guinea. The judges will decide on the reclassification request, addressing specific allegations concerning the individuals on trial. Reclassifying the charges could increase the justice process's impact on victims, survivors, and communities most affected by these crimes. https://www.hrw.org/news/2024/03/15/prosecution-seeks-crimes-against-humanity-charges-guinea-massacre-trial Japan – 14 March Japan's Sapporo High Court and Tokyo District Court have ruled that the Japanese government's ban on same-sex marriage is unconstitutional, marking a significant step towards achieving marriage equality. The rulings emphasise the trend towards acceptance of same-sex marriage in Japan and highlight the need for the Japanese government to be proactive in moving towards legalising same-sex marriage. The Tokyo District Court ruled that the current legal framework, which does not recognise same-sex marriage, cannot be reasonably justified in light of the dignity of the individual and the fundamental equality of the sexes. The Sapporo ruling is the first time the judiciary has recognised that the current law prohibiting same-sex marriage violates all three clauses of the Constitution. The Japanese government's law passed in June 2023 calls for 'promoting understanding' of LGBTI people but has been widely criticised for failing to address the protection of LGBTI rights from discrimination definitively. https://www.amnesty.org/en/latest/news/2024/03/japan-groundbreaking-same-sex-marriage-rulings-a-long-awaited-victory-for-lgbti-rights/ Afghanistan – 14 March Afghanistan is facing an economic crisis due to the Taliban's takeover in 2021 and the suspension of the Central Bank. The Taliban's violations of women's rights, including employment, education, and freedom of movement, have worsened the situation. The UN estimates that 23.7 million people, more than half of the country's population, will need humanitarian assistance in 2024. Prolonged drought, limited water access, and a collapsed healthcare system worsen the situation, particularly for women. The UN has requested $3 billion to address the crisis but has yet to receive less than 3% of the required funds. Governments should support measures to normalise payments, restore public services, address income-related poverty, and improve climate adaptation. https://www.hrw.org/news/2024/03/14/out-sight-afghans-are-going-hungry Poland/Belarus – 13 March The Polish government is facing pressure to stop migrant pushbacks at the country's border with Belarus to restore the rule of law. The Border Guard has established search and rescue teams to provide medical and humanitarian aid to migrants stranded in a forested border area. However, this leaves underlying issues that need to be addressed. Human Rights Watch has documented severe abuses against migrants by Polish border guards, including violent pushbacks to Belarus, which have led to at least 55 deaths, including those of children. The previous government declared the area close to the Belarusian border a restricted zone, blocking humanitarian organisations' access. The government should, ideally, immediately restore legal order at the border by granting access to the Polish asylum procedure, repealing unlawful border regulations, stopping criminal prosecution and harassment of activists and humanitarian workers, and allowing medical and humanitarian organisations access. https://www.hrw.org/news/2024/03/13/really-help-migrants-poland-should-stop-pushbacks-belarus-border Nigeria - 13 March Nigeria's President Bola Tinubu and his government are facing criticism for not urgently addressing the country's increasing number of abductions targeting children in schools and internally displaced persons camps. In the last ten days, nearly 700 people have been abducted by gunmen in Borno, Kaduna, and Sokoto. Amnesty International reports daily abductions in Zamfara, Katsina, and Niger states. The consistent failure of Nigerian authorities to protect children and schools means a generation of children could miss out on education. The Tinubu government must prioritise the security and safety of everyone in the country. Amnesty International has documented at least 17 cases of abductions in less than a decade, and the inability of Nigerian authorities to bring perpetrators to justice is further emboldening impunity. https://www.amnesty.org/en/latest/news/2024/03/nigeria-fresh-abduction-is-a-sign-that-impunity-reigns/ Zambia – 13 March Zambia's government is delaying action to clean up lead contamination in Kabwe, a city known as one of the world's worst pollution hotspots. The Alliance for Lead-Free Kabwe, a coalition of Zambian and international civil society organisations, has called for a technical proposal and support from donor agencies and companies responsible for the pollution to undertake a comprehensive clean-up of the former Kabwe mine. The toxic waste from the mine, which was closed in 1994, continues to pollute the area, exposing up to 200,000 people to high levels of toxic lead. In March 2022, the Ministry of Green Economy and Environment was instructed to establish a technical committee to address the remediation process in Kabwe, but it was never formally set up. The World Health Organization lists lead as one of 10 chemicals representing a "major public health concern," with over 95% of children living near the former mine in Kabwe having elevated lead levels in their blood. The South African High Court refused to let the case proceed, stating it was an "unmanageable claim that would set a grave precedent." https://www.hrw.org/news/2024/03/13/zambia-government-stalling-lead-cleanup-plan Ecuador – 12 March The escalation of violence and organised crime in Ecuador is affecting children's rights, mainly due to the temporary switch to online learning and threats from criminal groups. The education ministry suspended in-person classes and shifted to online learning, affecting nearly 4.3 million children. However, online learning can expose children to sexual violence both online and offline. Civil society representatives have said that online learning makes it difficult for school staff to detect and report incidents. In some provinces, masked individuals have entered online classes to threaten students and teachers. The government should ensure survivors can report sexual violence and that threats and violence against staff are thoroughly investigated and prosecuted. https://www.hrw.org/news/2024/03/12/ecuadors-uptick-violence-heightens-risks-schoolchildren Ghana's anti-LGBT bill has been criticised by prominent figures, including former parliament member Samia Nkrumah, who called it "brutal, harsh, and unjust." The bill, passed in February, criminalises consensual same-sex conduct, individuals advocating for LGBT rights, and failure to report an LGBT person to authorities. Nkrumah's father, Kwame, is a prominent figure in Ghana's history. The bill has already led to unlawful arrests and detentions of 21 LGBT activists in 2021. Protests have gathered worldwide to demonstrate pan-African and global solidarity against the bill. President Nana Akufo Addo has pledged to uphold human rights and the rule of law. https://www.hrw.org/news/2024/03/12/ghanas-leaders-push-back-anti-lgbt-bill Denmark - 12 March Denmark faces legal action from four prominent NGOs, including Amnesty International Denmark, Oxfam Denmark, Mellemfolkeligt Samvirke (Action Aid Denmark), and Palestinian human rights organisation Al-Haq, to stop arms exports to Israel. The organisations argue that Denmark's arms and military equipment exports to Israel could be used to commit serious crimes against civilians in Gaza, violating international rules on arms trade and potentially leading to war crimes and a plausible genocide. Denmark has joined the UN Arms Trade Treaty and the EU Common Rules for Arms Exports, which obliges Denmark to ensure that exports do not contribute to violations of international law. Organisations believe that the risk of military equipment being used in violation of the rules of war alone should make the Danish state stop exporting under international law. The lawsuit seeks to assess whether Denmark fulfils its obligations to ensure that arms exports to Israel do not contribute to violations of international humanitarian law. https://www.amnesty.org/en/latest/news/2024/03/denmark-ngos-sue-the-danish-state-to-stop-arms-exports-to-israel/

  • Balkan Legal News - 15 March 2024

    The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 7 March 2024 to 14 March 2024. Guernica 37 will provide weekly media updates with a focus on Bosnia and Hercegovina, Croatia, Kosovo, Montenegro, North Macedonia and Serbia. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Romania - 14 March 2024 The European Parliament (EP) adopted a resolution on the return of the Romanian national treasure illegally appropriated by Russia. After World War I, the Romanian gold treasure, sent to Russia between 1916 and 1917 for safekeeping, was never fully returned; see here. Balkans - 14 March 2024 New report by Council of Europe’s Human Rights Commissioner says many countries have made progress on gender identity recognition, but more can still be done to tackle discrimination; see here. Kosovo - 14 March 2024 Kosovo seems to have taken a crucial step to ensure membership of the Council of Europe (‘CoE’). Benefits to membership to CoE will be manifold, from enabling Kosovans with access to the European Court of Human Rights; see here. Montenegro - 13 March 2024 Montenegrin Interior Minister claims the government acted illegally when it appointed an interim head of the police without his approval; see here. Kosovo - 13 March 2024 Prime Minister Albin Kurti said a court ruling awarding 24 hectares of land to the Visoki Decani Serbian Orthodox monastery must be implemented – as the price of Kosovo's accession to the Council of Europe; see here. Romania - 12 March 2024 British police investigating allegations of rape and human trafficking have been granted a warrant to extradite Andrew Tate to the UK. Bedfordshire police said they had been granted the warrant by authorities in Romania but would have to wait until proceedings there are completed; see here. Serbia - 12 March 2024 Despite Serbia’s Trade Ministry denying BIRN access to information on arms sales to Israel after the Hamas attack, BIRN has found out that two arms shipments took place over this period; see here. Balkans - 12 March 2024 Children using AI to generate pornographic imagery and mock their school friends is a growing concern in the region. Authorities say they have few such cases, but NGOs warn the phenomenon is widespread and must be addressed in law; see here. Bosnia - 12 March 2024 Brussels is pushing to accelerate EU expansion in Western Balkans as it eyes growing Russian and Chinese influence; see here. Kosovo - 9 March 2024 Serb communities in parts of Kosovo are struggling to get their hands on dinars, jeopardising the salaries, pensions and social security payments that thousands there get from Belgrade; see here. Romania - 9 March 2024 Gabriel Resources Ltd, a Canadian company that aimed to build one of Europe’s largest gold and silver mines at Rosia Montana, has lost a $4.4 billion damages claim against Romania for quashing the project over environmental concerns; see here.

  • Ramadan Mubarak

    Wishing all our Friends and Colleagues a happy and blessed month of Ramadan

  • International Legal News - 11 March 2024

    The following media round up on international and foreign policy issues from around the world for the period of 5 March to 11 March 2024. Guernica 37 will provide weekly media updates from the International Criminal Court, European Court of Human Rights, United Nations, European Union and other sources. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Sudan – 8 March A near-total communication blackout in Sudan, following network and internet shutdowns in early February, poses severe risks to coordinating emergency assistance and humanitarian services for millions of people caught up in the conflict. The continued shutdown has limited millions of people's ability to communicate with their families, seek safe zones from fighting, access life-saving necessities, and receive mobile money services. A complete restoration of communication services in Sudan is needed, as it is a lifeline for civilians. Over 20 people interviewed by Amnesty International have faced challenges communicating with their friends and family members since the beginning of the communication blackout in early February. Human rights monitors and defenders can also not legally document rights violations. The shutdown has also affected the work of frontline humanitarian aid providers, such as Emergency Response Rooms (ERR). https://www.amnesty.org/en/latest/news/2024/03/sudan-internet-shutdown-threatens-delivery-of-humanitarian-and-emergency-services/ Haiti – 8 March Haiti is facing a potential collapse as violent criminal groups threaten to overthrow the government. The attacks have disrupted economic activity, humanitarian assistance, and transportation. Regional and international partners need to support Haitians' calls for a rights-based international response, including a rights-based mission and the formation of a transitional government. The UN Security Council authorised a Multinational Security Support mission in October 2023 to provide operational support and training for the Haitian National Police. Haitian human rights and civil society groups have called for international partners to stop supporting Prime Minister Ariel Henry's government and support a transitional government. Haitian Prime Minister Jean-Claude Henry has yet to return to the country since he travelled to Kenya to finalise arrangements to deploy the Kenyan-led international security support mission. Criminal groups have attacked two central prisons, resulting in the release of nearly 4,700 people and causing significant human and material losses. The US government has increased pressure on Henry and support for a transition, while legal, funding, and operational problems stall the deployment of the support mission. https://www.hrw.org/news/2024/03/08/haiti-urgent-action-needed-amid-growing-lawlessness Thailand – 8 March Thailand has been holding over 40 Uyghur asylum seekers in immigration detention for over a decade. The Chinese government has acted against Uyghurs who have fled persecution in China, with an estimated one million Uyghurs and other Turkic Muslims in Xinjiang being arbitrarily detained and imprisoned at the height of the campaign. Since 2014, Thai authorities arrested as many as 350 Uyghur men, women, and children fleeing persecution in China. The Chinese government has acted against Uyghurs who fled abroad, with another five serving criminal sentences linked to their attempt to escape immigration detention in north-eastern Thailand’s Mukdahan province. Thai immigration authorities denied them access to lawyers, family members, humanitarian groups, and other services. The Thai government is concerned about the adverse international reaction it faced in 2015 when it sent back the 109 others. A coalition of governments, including the US, Canada, and the European Union, are urging Thailand to release the remaining Uyghurs and allow them to travel to a safe third country. https://www.hrw.org/news/2024/03/08/thailand-should-free-detained-uyghur-asylum-seekers South Africa - 8 March Malawi, Zambia, and Zimbabwe have failed to protect women in informal cross-border trade (ICBT) from gender-based violence and economic exploitation. The report, 'Cross-border is our livelihood, it is our job', highlights the vulnerability of women in ICBT to diverse forms of abuse, combined with restricted access to justice. The lack of robust legal frameworks and effective enforcement mechanisms further amplifies the injustices experienced by women in the ICBT sector. In 2018, the value of informal cross-border trade in the Southern Africa region reached USD 17.6 billion. Informal cross-border trade is predominantly conducted by women, comprising 60% to 90% of those engaged in this trade across subregions. The report highlights systemic state failures in upholding the right to social security, with notable deficits in addressing the substantial care responsibilities borne by women engaged in ICBT. Governments must rectify these shortcomings and enact policies that prioritise human rights principles, ensuring the rights, safety, and well-being of women involved in ICBT. https://www.amnesty.org/en/latest/news/2024/03/southern-africa-malawi-zambia-and-zimbabwe-failing-to-protect-the-human-rights-of-women-working-in-informal-cross-border-trade/ Mexico – 8 March Olga, a 45-year-old woman with cerebral palsy, needs a support system to study, develop professionally, exercise her political rights, live independently, and be included in the community. Since 2017, Mexican policymakers have been discussing care and support policies to address gender inequalities affecting women like Olga and older women. Jalisco was the first Mexican state to pass a care law. Still, it doesn't align with the rights of people with disabilities and older people to live independently and be included in the community. The legislation portrays people with disabilities as dependent despite international standards for creating a respectful and rights-based care and support system. Policymakers should centre the rights, needs, and voices of women with disabilities and older women on International Women's Day. https://www.hrw.org/news/2024/03/08/women-disabilities-are-rights-holders-not-passive-recipients-care Azerbaijan – 7 March Six journalists were detained in Baku on March 6 after authorities searched the office of Toplum TV, an online news platform, as part of a crackdown on independent media in Azerbaijan. Nine other staff members were questioned and released, and the office was sealed off. All six journalists are facing bogus smuggling charges. Toplum TV's YouTube and Instagram accounts were hacked, and all content was deleted. Akif Gurbanov, chairman of the Institute for Democratic Initiatives, was detained on smuggling charges. In November, a similar wave of detentions targeted Abzas Media, with the platform's director, editor-in-chief, and four journalists remaining in detention. More journalists and political activists have been rounded up and sentenced to fake smuggling, forgery, and fraud charges. https://www.hrw.org/news/2024/03/07/new-wave-arrests-targets-journalists-and-activists-azerbaijan Russia - 7 March Russian journalist Roman Ivanov has been sentenced to seven years in prison for spreading "knowingly false information" about the Russian Armed Forces. Human Rights groups criticised the sentence as a blatant example of the Russian authorities' campaign of intimidation against those who speak out against the invasion of Ukraine or criticise the conduct of Russia's military, arguing that the authorities' punishment silenced Ivanov and sent a clear message to deter others. Ivanov's case highlights the dire reality of freedom of expression in Russia today and the need to repeal the repressive "war censorship" legislation. https://www.amnesty.org/en/latest/news/2024/03/russia-journalist-sentenced-to-seven-years-for-speaking-out-against-war/ North Korea – 7 March North Korea's government has sealed its northern border with China since 2020, imposing overbroad, excessive and unnecessary quarantines and restrictions on freedom of movement and trade, worsening the country's already grave humanitarian and human rights situation. The new limits exacerbated existing UN Security Council sanctions, which restricted most exports and some imports, unintentionally harming ordinary North Koreans' livelihoods and food security. Human Rights Watch has called for the UN member states to urgently address North Korea's isolation and humanitarian crisis, encouraging authorities to end abusive measures and allow humanitarian aid with adequate oversight and monitoring. The report also highlights the government's increased isolation of the fundamental rights of North Koreans, who have long struggled to ensure food security, adequate childhood nutrition, and access to medicine. The UN Security Council should urgently review current sanctions on North Korea and the measures states take to enforce them to evaluate their impacts on human rights and the delivery of humanitarian aid. The COVID-19 pandemic has made life in North Korea increasingly tricky, with people facing constant surveillance and restrictions on communication. Former secret police officers, herbal medicine traders, factory workers, and traders from various regions have shared their experiences of living in constant fear and fear due to the authorities' constant surveillance. The blockade of informal trade with China has decreased rice and other essential goods, making it harder for people to survive. Smuggling has become more difficult under Kim Jong Un's rule, with crackdowns on corruption and ideological education for soldiers. This has increased product prices, hunger, and reduced spending on necessities. Former informal traders from Ryanggang province have expressed concerns about the potential death of people in Hyesan City if smuggling were blocked, as Chinese products are essential for the survival of North Korean people. https://www.hrw.org/news/2024/03/07/north-korea-sealing-china-border-worsens-crisis Zimbabwe – 7 March Amnesty International has called on Zimbabwean authorities to reveal the whereabouts of journalist and pro-democracy activist Itai Dzamara, who was abducted in Harare on 9 March 2015. The journalist and activist was accused of stealing cattle before being handcuffed and driven off. Amnesty International believes Dzamara is a victim of enforced disappearance, a crime under international law. The case is one of many in Zimbabwe's long history of abductions and enforced disappearances that authorities have yet to investigate and prosecute in fair trials. The lack of an effective investigation sends a chilling message that activists seeking accountability from the government are no longer safe. The call for an independent, judge-led Commission of Inquiry into Dzamara's disappearance is reiterated, with the authorities ensuring the safety and protection of those with information to contribute to the Commission. https://www.amnesty.org/en/latest/news/2024/03/zimbabwe-authorities-must-reveal-whereabouts-of-prodemocracy-activist-and-journalist-forcibly-disappeared-nine-years-ago/ Bulgaria – 7 March Bulgarian authorities should suspend plans to deport Abdulrahman al-Khalidi, a Saudi human rights activist, to Saudi Arabia, according to Human Rights Watch. Al-Khalidi, who has been in exile in Saudi Arabia for over a decade, has been at risk of arbitrary detention, torture, and an unfair trial if sent back there. He fled Saudi Arabia in 2013, fearing for his safety, and has since returned to Bulgaria to claim asylum. The Bulgarian National Security Agency issued a deportation order on February 7, 2024, placing him at imminent risk of deportation. Al-Khalidi has been involved in the Saudi Civil and Political Rights Association (HASM) and has been involved in an online Saudi movement called the Bees Army. He has faced abuse from Saudi government-linked influencers, including calling him a "traitor" and accusing him of "treachery" and conspiring to "seek to destroy the homeland and sell it to the enemies." Deporting al-Khalidi may violate Bulgaria's international obligations, including Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and Article 33 of the Convention Relating to the Status of Refugees. Bulgaria is a signatory to both conventions. https://www.hrw.org/news/2024/03/07/bulgaria-dont-deport-saudi-activist Sri Lanka – 6 March The United Nations High Commissioner for Human Rights, Volker Türk, has criticised Sri Lanka's government for handling the country's human rights crisis. He cited the 2022 protests demanding democratic reforms and accountability for economic mismanagement and corruption as evidence of the government's failure to fulfil these expectations. Türk criticised the government's crackdown on dissent and the implementation of laws restricting civil liberties, such as the Online Safety Act, Anti-Terrorism Bill, Electronic Media Broadcasting Authority Bill, and Non-Governmental Organization Supervision and Registration Bill. He also highlighted the government's failure to address grave rights violations and the increased poverty rate. Türk urged international financial institutions and creditors to provide Sri Lanka with fiscal space to protect social and economic rights. However, he warned that with little hope of justice for past abuses, UN member states should use evidence gathered by the UN to bring cases in their courts. https://www.hrw.org/news/2024/03/06/sri-lankan-laws-threaten-democracy-warns-un-rights-chief Japan - 6 March Attention has focused on Japan to reform its refugee and immigration system to prevent further tragedies, according to Boram Jang, East Asia Researcher at Amnesty International. Wishma Sandamali, a Sri Lankan refugee, arrived in Japan dreaming of teaching English. Less than four years later, she died in an immigration detention centre in Nagoya, becoming the 18th person to die in such a facility since 2007. Japan is considered the least welcoming country for refugees and migrants. https://www.amnesty.org/en/latest/news/2024/03/japan-must-reform-its-refugee-and-immigration-system-to-avoid-further-tragedies/  DR Congo – 6 March Human Rights groups have urged the Democratic Republic of Congo President Félix Tshisekedi to prioritise human rights during his second term. The "Human Rights Agenda" focuses on five key areas: rights to free expression, media freedom, peaceful assembly, protecting civilians in conflict areas, reforming the justice system, addressing corruption, providing accountability for serious crimes, and strengthening democratic institutions. Tshisekedi's first term ended with uncertainty due to worsening violence, humanitarian crises, recurrent violations of civil and political rights, and growing mistrust in democratic institutions. The second term presents a chance to reverse course on significant human rights backsliding and address the country's challenges. The report also calls for concrete steps to address recurring cycles of violence and restore the Congolese people's trust in democratic institutions. https://www.hrw.org/news/2024/03/06/dr-congo-second-term-should-focus-rights Iran – 6 March Iran's authorities are implementing a draconian campaign to enforce compulsory veiling laws through widespread surveillance and mass car confiscations, according to Amnesty International. Tens of thousands of women have had their cars confiscated as punishment for defying Iran's veiling laws, while others have been prosecuted and sentenced to flogging or prison terms. The organisation has released excerpts of 20 testimonies from 46 individuals, including 41 women, one girl, and four men. The campaign is aimed at terrorising women and girls by subjecting them to constant surveillance and policing, disrupting their daily lives, and causing them immense mental distress. The UN Human Rights Council is set to vote on extending a Fact-Finding Mission to investigate violations since the death of Mahsa/Jina Amini. Women in Iran are frequently denied access to public places and services due to their headscarves, with state enforcers scrutinising their clothing and denying access to public transport, airports, and banking services. Women also report verbal abuse and threats of prosecution. Amnesty International documented cases of 15 women and a 16-year-old girl in seven provinces prosecuted for wearing inappropriate hijab or wearing headscarves. Prosecutors and judges often threaten women with flogging, imprisonment, death, and sexual violence. A bill aimed at codifying and intensifying the authorities' assault on women and girls for defying compulsory veiling is nearing adoption in Iran's Parliament. https://www.amnesty.org/en/latest/news/2024/03/iran-draconian-campaign-to-enforce-compulsory-veiling-laws-through-surveillance-and-mass-car-confiscations/ Mexico – 6 March A report by Human Rights Watch and the Community Center for Inclusion has highlighted the lack of a legal gender recognition procedure in Mexico's Tabasco state, which creates barriers for transgender people in employment, health, education, and access to banking. The report reveals the socioeconomic disadvantages trans people experience due to a mismatch between their gender and their identity documents, leading to discrimination, harassment, and violence. The report calls for Tabasco to create a simple administrative procedure to allow trans people to reflect their self-declared gender identity on official documents accurately. The report also highlights the need for Tabasco to uphold trans people's right to self-identification and non-discrimination, as many other Mexican states have already done. https://www.hrw.org/news/2024/03/06/mexico-trans-people-denied-rights-tabasco-state Russia/Ukraine - 5 March The International Criminal Court (ICC) has issued arrest warrants for Lt. Gen. Sergei Kobylash and Adm. Viktor Sokolov, two Russian commanders, for alleged war crimes and crimes against humanity. The warrants are based on reasonable grounds to believe that the two suspects are responsible for missile strikes against Ukrainian electric infrastructure from October 10 to March 9, 2023. The ICC has served notice that those alleged to have committed war crimes will be brought to justice, regardless of their rank. The warrants are binding in 125 states, including Ukraine, which granted the ICC jurisdiction over its territory for crimes committed there since 2014. Amnesty International has documented war crimes and other violations of international humanitarian law for ten years. The international community must ensure that Kobylash or Sokolov are immediately arrested and surrendered to the ICC if they leave Russia. https://www.amnesty.org/en/latest/news/2024/03/russia-ukraine-icc-issues-arrest-warrants-for-top-russian-commanders-for-alleged-war-crimes-and-crimes-against-humanity/ Nepal – 5 March Nepal's proposed bill on transitional justice, which includes provisions for reparations related to the country's civil war, needs significant amendments, according to Human Rights Watch and Advocacy Forum-Nepal. The bill risks shielding those responsible for severe crimes and denying some victims access to reparations. The report highlights survivors' and victims' ongoing struggle for justice and calls for Nepal's leaders to agree to amendments and ask parliament to pass the bill into law. The UN special rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence has identified five pillars of transitional justice: truth, justice, reparations, memorialisation, and guarantees of non-recurrence. The current bill in Nepal provides reparations and interim relief for some victims, including victims of torture and rape. It guarantees the rights of families of victims of enforced disappearance to their relatives' property. It mandates the Truth and Reconciliation Commission (TRC) to study the root causes and impact of the conflict. However, the bill excludes numerous severe crimes under international law, creating a significant accountability gap. Victims' groups call for a process that includes criminal accountability and reparations, as a lack of accountability has led to a crisis of impunity in Nepal. https://www.hrw.org/news/2024/03/05/nepal-seize-chance-ensure-justice-conflict-atrocities Yemen – 5 March Amnesty International has called on the Southern Transitional Council (STC) de facto authorities in Yemen to end their unlawful and arbitrary restrictions on the work of civil society organisations and human rights defenders in the southern governorate of Aden. Since early 2023, the STC has adopted measures that increasingly restrict the work of Yemeni civil society organisations, flouting existing local associations' laws and international human rights standards. The restrictions include requiring organisations to apply for permits from the STC-run Ministry of Social Affairs and Labour and the STC-run National Authority for Southern Media to conduct public activities or risk their activities being banned or shut down. The ministry has also denied funds or projects to organisations deemed politically opposed to the STC. Amnesty International has said that the STC authorities are fostering a climate of intimidation and fear, restricting the rights to freedom of expression, association, and participation in public affairs. https://www.amnesty.org/en/latest/news/2024/03/yemen-southern-transitional-council-must-end-crackdown-on-civic-space/ France – 5 March France's parliament has voted to add the freedom to have an abortion to the country's constitution, a historic move initiated by President Emmanuel Macron after the US Supreme Court overturned Roe v. Wade. This is a win for civil society organisations advocating for reproductive justice and upholding the right to autonomy, allowing people to make informed decisions about their lives, bodies, health, and well-being. However, France faces ongoing barriers to abortion care and varying access. The newfound protection of abortion should not overshadow other areas of women's rights, such as persistent violence against women and restrictions on women's and girls' dress, which disproportionately impact Muslim women and girls. The European Court of Human Rights has agreed to hear a case brought by sex workers related to France's 2016 law criminalising the purchase of sex, which led to a spike in murders of sex workers. https://www.hrw.org/news/2024/03/05/france-protects-abortion-guaranteed-freedom-constitution India – 5 March The Bombay High Court has re-acquitted activist and Delhi University professor Gokarakonda Naga Saibaba, who was jailed for over seven years under the Unlawful Activities Prevention Act (UAPA). Aakar Patel, chair of the board at Amnesty International India, praised the re-acquittal as a triumph of justice over continued repression. He argued that Saibaba should not have been jailed in the first place and that the Indian authorities should not use the UAPA with stringent bail provisions to intimidate and harass activists like Saibaba. Amnesty International called for the immediate and unconditional release of all other human rights defenders and activists who continue to be arbitrarily detained for peacefully exercising their right to freedom of expression and standing up for the rights of the marginalised. Saibaba, who was initially arrested in 2014 and accused of links to banned Maoist organisations, was convicted in March 2017 under the UAPA and sentenced to life in prison. He has a disability due to polio and other severe health issues, including a heart condition. https://www.amnesty.org/en/latest/news/2024/03/india-re-acquittal-of-human-rights-defender-g-n-saibaba-is-a-triumph-of-justice-over-continued-repression/  Egypt – 5 March According to Human Rights Watch, Egypt has issued new legislation to broaden the military's powers over civilian life. The legislation grants the military authority to replace certain functions of the police, civilian judiciary, and other civilian authorities and expand the jurisdiction of military courts to prosecute civilians. The law includes Law No. 3 of 2024 on Guarding and Protecting the State’s Public and Vital Facilities and Buildings, which the parliament approved without discussion or edits. Human Rights Watch argues that this law is a strategy to contain increasing discontent over the Egyptian government’s failures to uphold fundamental economic and political rights. The new law also grants military personnel the authority to inspect and search places, arrest people, or confiscate materials to confront offences that harm society's basic needs, including food commodities and essential products. Egypt's Military Code of Justice has been amended to expand jurisdiction for crimes committed against public facilities and properties protected by the armed forces. Following a similar change in January, the amendments also introduce new military appeals courts for significant offences. Human Rights Watch opposes military trials of civilians, stating that they often undermine due process rights and are used by authoritarian governments to punish peaceful dissent. The amendments aim to replace the civilian court system's function rather than limiting its mandate to military staff. https://www.hrw.org/news/2024/03/05/egypt-new-laws-entrench-military-power-over-civilians

  • Happy International Womans Day

    Empowering women to lead brings strength and inspiration to our work and the world.  Guernica 37 women prove it daily. Reaffirming this power today - Happy International Women Day to all women out there, you are an inspiration #IWD

  • Balkan Legal News - 8 March 2024

    The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 29 February 2024 to 7 March 2024. Guernica 37 will provide weekly media updates with a focus on Bosnia and Hercegovina, Croatia, Kosovo, Montenegro, North Macedonia and Serbia. Should you wish to contribute or submit a media summary, opinion piece or blog, please send to Ned Vucijak at nenadv@guernica37.com for consideration. Albania - 7 March 2024 Experts say the leak of a video showing a fight between a prince and his ex-wife serves no public interest – and raises serious legal and ethical questions about the standards of the media in Albania; see here. Balkans - 6 March 2024 A BIRN analysis of hundreds of videos uploaded by TikTok users in eight Balkan countries shows the platform has become a hub for abuse of women and girls based on their appearance and actual or perceived sexual behaviour - ‘slutshaming’; see here. Balkans - 5 March 2024 A report published on Tuesday by member organisations of the Council of Europe’s Safety of Journalists Platform condemned the unlawful surveillance of journalists using spyware and urged European countries not to use the technology without legal justification; see here. Montenegro - 5 March 2024 In a rare win for Do Kwon, the jailed co-founder of the Terra blockchain network, a Montenegro court overruled a lower court decision to extradite him to the US, according to a statement issued Tuesday; see here. Kosovo - 5 March 2024 Kosovo police arrested a Serb in North Mitrovica who is accused of sexual violence during the 1998-99 war, sparking an angry reaction from Serbian officials; see here. Kosovo - 5 March 2024 In a significant move towards enhancing human rights and building trust among communities in Kosovo, Ms. Caroline Ziadeh, the Special Representative of the Secretary-General and Head of the United Nations Interim Administration Mission in Kosovo (UNMIK), held a pivotal meeting with the newly appointed Head of the Council of Europe Office in Pristina, Ms. Mary Ann Hennesey; see here. Serbia - 4 March 2024 The UN war crimes tribunal in The Hague has sent the contempt of court case against ultranationalist Serbian Radical Party leader Vojislav Seselj and four co-accused to the Serbian judiciary for trial in Belgrade; see here. Balkans - 29 February 2024 The leaders of Western Balkan countries have agreed to speed up regional cooperation to benefit more from a new European Union financial aid plan that will help provide a faster road to membership; see here.

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