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“The Universal Declaration shows the way to common values and approaches that can help resolve tensions and create the security and stability our world craves." UN Secretary-General António Guterres. 10 December 2023 marks the 75th anniversary of one of humanity's landmark global pledges: the Universal Declaration of Human Rights (UDHR). The international community observes Human Rights Day every year. It commemorates the day in Paris in 1948 when the United Nations General Assembly adopted resolution 423 (V). The UDHR set out, for the first time, the ultimate human rights to be comprehensively protected. When the General Assembly adopted the Declaration, it was decreed as a "common standard of achievement for all peoples and all nations", towards which individuals and societies should "strive by progressive measures, national and international, to secure their universal and effective recognition and observance". Available in over 500 languages, it is the most translated document in the world. This revolutionary document enshrines the incontrovertible rights everyone is entitled to, regardless of race, colour, religion, sex, language, political opinion, national or social origin, property, birth, or other status. As the leading United Nations rights official, the High Commissioner for Human Rights (Volker Türk of Austria) and the Office of the High Commissioner play a significant role in coordinating efforts for the yearly observation of Human Rights Day. The year-long initiative seeks to shift the needle of understanding and action towards a better knowledge of the UDHR's acclaim and its associated activism; focusing on progress and engagement culminates in a high-level event in December 2023, which announces global pledges and ideas for a vision of human rights, the 2023 theme is “Freedom, Equality and Justice for All”. Since the adoption of the UDHR, human rights have become more recognised and guaranteed globally, with the UDHR serving as the foundation for an expanding system of human rights protection that focuses on vulnerable groups such as persons with disabilities, indigenous peoples, and migrants. The promise of the UDHR, dignity and equality in rights, has been under an unremitting assault in recent years as the world faces new challenges such as pandemics, conflicts, inequalities, vested interests, racism, and climate change. The values and rights enshrined in the UDHR guide our collective actions. Although the Declaration is not mandatory, it has inspired over 60 human rights instruments, constituting an international standard. Today, the general consent of all United Nations Member States on the basic Human Rights laid down in the Declaration makes it even more imperative. It stresses the relevance of Human Rights in our daily lives. Latest and past observances of Human Rights Day: 2022 – 75th Anniversary of the UDHR 2021 - All human- All Equal 2020 - Recover Better 2019 - Youth Standing Up for Human Rights 2018 - The Universal Declaration of Human Rights turns 70 2017 - The Universal Declaration of Human Rights turns 70 2016 - Stand up for someone's rights today 2015 - Our Rights. Our Freedoms. Always. 2014 - #Rights365 2013 - 20 Years Working for Your Rights 2012 - My Voice counts 2011 - Celebrate human rights! 2010 - Speak up, Stop Discrimination 2009 - Embrace Diversity, End Discrimination 2007-2008 - 60th Anniversary of the Universal Declaration of Human Rights 2006 - Fighting Poverty: A Matter of Obligation, Not Charity 2005 - Torture and the Global Efforts to Combat it 2004 - Human Rights Education

The following media round up on international and foreign policy issues from around the world for the period of 05 December to 11 December 2023. 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. UK, USA & Canada - 9 December To mark the 75th anniversary of ratifying the Universal Declaration of Human Rights. The UK, the US and Canada have announced a series of coordinated sanctions against organisations and individuals linked to Human Rights abuses. The UK has imposed 46 asset freezes on individuals who are thought to be responsible for forced labour in the large-scale online scams in Southeast Asia and travel bans against authorities who repressed citizens for exercising fundamental freedom rights. The US has imposed 37 sanctions across 13 countries in cases where there has been a restriction of access to secondary education for females, arbitrary detentions, and degrading punishment of anti-war protesters. The US has focused on countries with forced labour and repression of human rights. Finally, Canada has imposed 7 sanctions against citizens who have been involved in LGBTQI+ purges, the killing of journalists and mass attacks on civilians. The 3 countries hope their actions will promote accountability for human rights violations in the future. https://www.jurist.org/news/2023/12/uk-us-and-canada-sanction-over-40-individuals-and-entities-for-human-rights-abuse/ Sri Lanka – 9 December An “Independent Commission for Truth, Unity and Reconciliation” is planning to be set up by the Sri Lankan government with the aim of “ensuring an inclusive process in developing legislation that strengthens and safeguards national unity through truth, transitional justice, reconciliation, reparation and social cohesion” in addition it will also aim to prevent further conflicts between ethnic groups such as the Tamils. As a pre-emptive step, Sri Lanka has created the “Secretariat for the Truth and Reconciliation Mechanism” to ensure the Commission is finally established. This has been met with scepticism by Human Rights groups who have had “grave reservations” about Sri Lanka’s previous track record on human rights violations. In a case of the government marking its homework, previous investigations have found that the military has not harmed civilians when outside sources have reported otherwise. 0https://www.jurist.org/news/2023/12/sri-lanka-to-establish-independent-commission-for-truth-and-reconciliation/ Pakistan – 8 December Pakistan is gearing up for Parliamentary elections this coming February. Still, it has been highlighted that there may be some discriminatory devices in Pakistan's electoral law, particularly in the Ahmadiyyah community because of their religious beliefs, where they must renounce their faith or be categorised as “non-Muslim” to be granted a vote. In 2002, Pakistan abolished separate voting systems for Muslims and non-Muslims. The Ahmadis still have no mechanism by which they can vote in elections at any level. The documenting of the Ahmadis also opens them up for attacks and violence because of their registration and opens the door for further persecution. The fact that this is written into the penal code highlights the difficulties that this minority faces in terms of discrimination. This casts serious doubt on the legitimacy of the upcoming national Pakistani elections. https://www.hrw.org/news/2023/12/08/pakistan-denies-voting-rights-religious-community Kenya – 8 December A Nairobi judge has ruled that Meta Platforms Inc (Facebook) is not in contempt of court for failure to pay content moderators, who claim that they were unfairly dismissed because of union organising efforts; they also felt they were blacklisted from applying for similar jobs. Evidence has suggested that this form of work has a more significant mental strain on those undertaking it than was first thought. As a result, those who undertake this work demand that employers have a duty of care if their employees undertake such work. This is not the first time Meta has been accused of not treating its employees sufficiently well. https://www.jurist.org/news/2023/12/kenya-judge-dismisses-contempt-of-court-charges-against-meta/ Nigeria – 7 December An Islamic religious celebration in north-western Kaduna state on December 3 was hit by an Army Airstrike, which killed 85 people and severely injured many others. This is not the first time this has happened. Previously, people have been hit when gathered for Maulud, a Muslim religious event, in the Tundun Biri community in Igabi Local Government Area of Kaduna state. These airstrikes require much scrutiny to protect civilian lives. Since 2017, 300 people have been killed by security force air strikes; the security forces have responded by saying that their targets were bandits or members of the Boko Haram terror group. The government has given little explanation or shown accountability; it is thought that this is a breach of international humanitarian law as it may amount to a non-international armed conflict where civilian casualties have not been minimised. On December 5, President Bola Ahmed Tinubu called for an investigation into the incident in Kaduna, but this could be seen as a whitewash to appease Human Rights organisations. https://www.hrw.org/news/2023/12/07/nigeria-erroneous-military-airstrike New Zealand – 7 December Protests have taken place in New Zealand after the government released plans for a policy change regarding Maori (indigenous people) rights; the protests were triggered after the Te Pati Maori (The Maori Party) called upon its members and other sympathetic parties to protest the new parliament being sworn in. The centre-right coalition has opposed legislation removing co-governance systems, reducing government agencies' use of the Maori language and a treaty redefinition in a “more modern” setting. The Treaty of Waitangi is threatened to be tampered with; it was created by the British Crown and Maori and promised certain rights and privileges to the Maori people. While the treaty in its original form is less relevant in modern times, it was codified in the Treaty of Waitangi Act of 1975, which states what parts of the treaty must be adhered to. (“Protests break out in New Zealand over changes in government policy ...”) The new Prime Minister, Christopher Luxton, defended the decision to change the treaty, saying that the government was endeavouring to discuss what the treaty means to New Zealanders today. King Tūheitia has called a “National Hui” (meeting) between Iwi (tribes) to discuss the united stance the Maori should take. https://www.jurist.org/news/2023/12/protests-break-out-in-new-zealand-over-changes-in-government-policy-toward-indigenous-maori/ Iran – 6 December Security forces in Iran are being accused of using rape and sexual violence of both men and women for torture purposes to intimidate and punish peaceful protests during a “woman life freedom” March in 2022. An Amnesty International report has spoken to 45 survivors who have made these accusations. Iranian authorities have not charged or prosecuted anybody as a result. It is thought that the legal system in Iran is complicit in this cover-up. Despite being approached with this report and information as to the sexual violence, the Iranian government has yet to comment. https://www.amnesty.org/en/latest/news/2023/12/iran-security-forces-used-rape-and-other-sexual-violence-to-crush-woman-life-freedom-uprising-with-impunity/ Bahrain – 6 December 13 people have been sentenced to prison by a Bahraini court after a trial which has been seen as unfair because of issues with due process and torture allegations to elicit confessions. A string of free expression, assembly and due process violations has marred Bahrain for some time. The case is scheduled for review at the Appellant court. The 13 were carrying out a peaceful demonstration which took place in April 2021 in response to the death of a prison inmate who, in turn, was imprisoned for attending a pro-democracy protest. "In 2021, Bahrain’s Special Investigation Unit (SIU) and the Interior Ministry Ombudsman initiated separate investigations into the incidents surrounding the protest and the response by the prison authorities." (“Bahrain Unjustly Convicts 13 in Mass Trial | Mirage News”) However, the first report has yet to be submitted and cannot be tracked, and the second report explained in its findings that nothing untoward had happened. Various Human Rights organisations have held both reports to be unsubstantiated in their approach and likely seen as a whitewash. Defendants were not allowed to attend their hearings regarding the trial and denied the defence lawyer's requests. https://www.hrw.org/news/2023/12/06/bahrain-13-people-convicted-unfair-mass-trial El Salvador – 5 December Amnesty International has produced a report suggesting that El Salvador has been complacent in their human rights provisions for its citizens. The organisation believes that the country has a deepening punitive and repressive focus on public security, systematic use of torture against prisoners and the deployment of a series of governmental actions that restrict civic space; it is also thought that El Salvador is trying to weaken the independence of its judicial branch and brutalising its criminal justice system as well as concealing public information, accountability, regulatory and investigatory mechanisms when these have been investigated. The report highlights the dangers of permanent legal reforms under the pretext of facilitating the implementation of the state of emergency that El Salvador claims to be in. https://www.amnesty.org/en/latest/news/2023/12/el-salvador-policies-practices-legislation-violate-human-rights/ Ukraine – 5 December As the war in Ukraine continues, the European Commission has emphasised the plight of people with disabilities as a priority over the next 12 months as part of the EU accession process. The Commission's report calls on Ukraine to guarantee the rights of people with disabilities and ensure that rebuilt infrastructure is accessible. The Commission feels this is an excellent opportunity for people with disabilities in Ukraine to be offered a better quality of life. The “UN Convention on The Rights of Persons with Disabilities” " which Ukraine joined in 2010, it needs to keep up to date with some of the parameters necessary to guarantee human rights to its disabled population, especially with the deinstitutionalisation of many of those living with disabilities in Ukraine. A generous financial package from the EU can help this. https://www.hrw.org/news/2023/12/05/eu-commission-highlights-disability-rights-ukraine

The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 1 December 2023 to 7 December 2023. 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. Kosovo - 7 December 2023 Valon Syla welcomed the verdict of Pristina Basic Court, which handed two-year prison sentences to three persons accused of attacking him, and who he described as 'Islamic fanatics'; see here. Romania - 7 December 2023 When a mayor of a small Romanian town casually mentioned in an interview that she had voted in favour of a referendum that sought to ultimately ban same-sex marriage, it unleashed a maelstrom that now threatens to become a key issue in elections next year; see here. Croatia - 6 December 2023 Keir Starmer’s experience of seeking to prove a genocide at The Hague has helped his response to the Gaza conflict, say fellow lawyers on the case, but some Labour MPs think otherwise. “He [Starmer] was in charge of the [legal] presentation of Vukovar, the city that suffered the most during the war; see here. Albania - 6 December 2023 Opposition MPs took the refugee agreement between Albania and Italy to the country's Constitutional Court on Wednesday, calling it a 'flagrant violation' of the constitution and international law; see here. Hungary/Poland - 6 December 2023 Hungary is another EU country along with Poland that is being sued in civil court by the pharmaceutical company Pfizer over its refusal to take delivery of and pay for COVID-19 vaccines that it had agreed to, the Hungarian government confirmed on Wednesday; see here. North Macedonia - 6 December 2023 North Macedonia said it expects the rapid extradition of the main suspect for the gruesome murder of two people, including a 14-year-old girl, following his arrest in Turkey; see here. Bosnia - 6 December 2023 The trial of Bosnian Serb leader Milord Dodik has opened at a court in the Bosnian capital, Sarajevo, where the contentious leader is facing charges of ignoring rulings from an international envoy that oversees the country’s peace accords; see here. Bosnia - 5 December 2023 A man in Bosnia killed his wife and streamed the murder live on Instagram. In neighboring Serbia, 27 women were killed in gender-based attacks this year, despite efforts to raise awareness and reverse the trend. Activists in Kosovo say violence against women there is a “national emergency”; see here. Bosnia - 4 December 2023 Seven former Bosnian Serb Army officers and soldiers were charged with the capture and killing of 65 Bosniaks in the Sekovici and Vlasenica areas in July 1995 as the victims were fleeing Srebrenica; see here. Kosovo - 4 December 2023 Court imposes tougher rules for visits to Kosovo ex-President Hashim Thaci and his co-accused at The Hague, citing the risk of witness-tampering and interference with proceedings; see here.

The following media round up on international and foreign policy issues from around the world for the period of 28 November to 04 December 2023. 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. Andorra – 1 December The abortion activist Vanessa Mendoza Cortés has been charged with criminal defamation for voicing concerns about Andorra's total abortion ban at a meeting of the United Nations Committee on The Elimination of Discrimination Against Women (CEDAW); this is not the first time this has happened; in 2020 the Public Prosecutor brought 3 criminal defamation charges against Ms Cortés, but international outcry saw 2 of the charges dropped against her. Andorra is the only country in Europe with a total abortion ban. Defamation law is still used to attack human rights activists. https://www.amnesty.org/en/latest/news/2023/12/andorra-activist-on-trial-for-raising-concerns-about-total-abortion-ban-at-un-meeting/ Tanzania – 1 December The McEnroe tennis brothers John and Patrick are due to host a luxury tennis safari tour in Tasmania's conservation area Ngorongoro (NCA), where the indigenous Masai people are protesting about their forced eviction from ancestral homes. The "Epic Tasmania Tour" has been organised by a private travel company and endorsed by the Tasmanian Government, accused of having little regard for the Masai community and who, in 2021, devised a plan to relocate all 28,000 residences 600 km away by making conditions more difficult and defunding initiatives. Critics of the Tanzania Government describe how they are putting tourism above indigenous peoples' rights. https://www.hrw.org/news/2023/12/01/tanzania-tour-risks-whitewashing-maasai-forced-evictions Malta – 30 November The Maltese Attorney General has indicted the ‘El Hiblu 3’ (named after their rescue ship) 3 young West African men, for allegedly attempting to stop their illegal return to Libya by a boat that rescued them at sea in 2019; they could face trial and possible life imprisonment. They were asylum seekers attempting to escape the brutal fighting and regime in Libya; the captain of the ship illegally tried to return the asylum seekers to Libya. The enquiry has highlighted several procedural and human rights violations for treating under 18s as adults. They are accused of trying to convince the captain to return them to Libya and change course elsewhere. https://www.amnesty.org/en/latest/news/2023/11/malta-indictment-of-el-hiblu-3-the-worst-possible-decision/ Afghanistan – 30 November 4 women's rights activists Zhulia Parsi, Neda Parwani, Manizha Sediqi and Parisa Azada, have been arbitrarily detained by the Taliban because they've spoken out against threats and torture of women protesters. This shocking action has seen an upsurge since the Taliban re-took the country in August 2021. Women immediately stood up and fought the Taliban over women's rights; the Taliban responded with violence, detention, and torture. The families of the women are terrified of concealing their arrests for fear of reprisals and abuse of their families in custody. https://www.hrw.org/news/2023/11/30/womens-rights-activists-under-attack-afghanistan USA – 29 November The US Department of Justice (DOJ) has announced an indictment for Nikhil Gupta for an unsuccessful plot to murder a US citizen, a Sikh separatist who was a vocal critic of the Indian Government and wanted succession of Punjab from India. Evidence against Mr Gupta highlights him making payments to an assassin and giving directions for the murder to an undercover US agent. Mr Gupta was arrested in the Czech Republic in June 2023 at the request of the US. This news comes after Canadian Prime Minister Justin Trudeau made accusations that the Indian Government had carried out similar assassinations of the Sikh Community, thus triggering a decline in Canadian Indian relations. https://www.jurist.org/news/2023/11/us-doj-announces-indictment-against-india-national-for-assassination-plot-against-sikh-separatist/ Zimbabwe – 29 November The opposition MP Job Sikhala has had his guilty verdict for obstructing justice overturned by the Zimbabwe High Court; however, it appears that he will remain in prison on other charges to prevent his release, as he has been seen as a critic of the current Government. He has already spent more than 500 days in detention. Critics of the Government have said that the Zimbabwe authorities are weaponising the law to target activists and opposition figures. https://www.amnesty.org/en/latest/news/2023/11/zimbabwe-continued-detention-of-former-opposition-mp-job-sikhala-a-travesty-of-justice/ Canada – 29 November The Canadian province of Alberta invoked its controversial "Alberta Sovereignty Act" on Monday in response to a National Canada federal clean energy initiative. The Sovereignty Act is a mechanism that urges the Government to use all legal means to oppose implementation or enforcement. Alberta has taken this step because implementing such measures will instantly make it impossible for Alberta to meet any standards imposed, thus breaking the law. The Sovereignty Act was introduced in November 2022 by Danielle Smith, the premier of Alberta, who was unwilling to let Ottawa interfere in Alberta's constitutional areas of jurisdiction more. Smith is also going to be present at the COP28 conference. https://www.jurist.org/news/2023/11/alberta-invokes-sovereignty-act-over-federal-environmental-regulations/ Pakistan – 28 November Imran Khan (The former prime minister of Pakistan) was denied an open court trial on Tuesday over personal safety concerns. The planned open trial where he was accused of leaking state secrets failed. The original accusations come from a speech he made where he claimed he had a letter proving the US had an involvement in his removal. Khan was indicted in October alongside Vice Chairman of the Pakistan Tehreek-e-Insaf (PTI) Party and Shah Mahmood Qureshi. If found guilty, all 3 could face the death penalty. The Pakistan Judiciary and Government have clashed over Khan's trial, with the Government wanting to hold it in jail, but the Islamabad High Court declared this was illegal and ordered an open court trial. As a result, the trial will begin again in public but in the original jail, open to the media and the public. https://www.jurist.org/news/2023/11/imran-khan-denied-open-court-trial-due-to-safety-threats/ Lebanon – 28 November The Lebanese Parliament and Justice Committee is accused of conjuring up a new media law behind closed doors that has yet to be scrutinised. If passed, this would severely curtail freedom of speech and press freedom in Lebanon and undermine human rights safeguards; it retains a prison term of up to 3 years for insulting "recognised religions". It upholds criminal penalties and could see an increase in prison sentences and fines for insults and defamation, which have been used as tools to silence human rights defenders, journalists, and critics. The impending legislation is meant to update the current publications law of 1962 and the Audiovisual Law of 1994. The Government and Judicial Committee have justified this by saying that they have responded to proposals by the United Nations Educational, Scientific and Cultural Organisation (UNESCO); however, this has been disputed, and it is being seen as legislation by the back door. https://www.amnesty.org/en/latest/news/2023/11/lebanon-proposed-media-law-poses-grave-threat-to-freedom-of-expression/ Mexico - 28 November Mexico’s Jalisco state announced on Sunday that the body of Environmental Defender and Anti-mining activist Higinio Trinidad de la Cruz had been discovered by what looks like a gunshot wound found between the states of Jalisco and Colima. He was of Ayotitlán descent (indigenous community of Ayotitlán in Jalisco) and a member of Jalisco’s State Indigenous Council. He was famous for taking an active part in exposing land disposition by mining interests. This comes in light of a free speech annual report that highlighted that Mexican journalists faced record levels of harassment, violence, and intimidation in 2022. The report cited security forces and state actors as responsible for this discrimination. https://www.jurist.org/news/2023/11/mexico-anti-mining-activist-higinio-trinidad-de-la-cruz-found-dead-in-jalisco-state/

The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 24 November 2023 to 30 November 2023. 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. Kosovo - 20 November 2023 Prosecutors in the war crimes trial against former Kosovo president Hashim Thaçi accused him and two of his co-defendants of attempting to “obstruct the proceedings” by revealing the identities of protected witnesses and trying to interfere with their testimony. On November 17 they asked the Kosovo Specialist Chambers for stricter detention measures for the three men; see here. Albania - 30 November 2023 Tightening the screws on Tirana, Athens says it will block Albania’s EU accession path if Albania does not allow the arrested ethnic Greek mayor-elect of Himara, Fredi Beleri, to assume office; see here. Kosovo - 29 November 2023 Smoke bombs were thrown and six protesters arrested as they tried to prevent the president of the Hague-based Kosovo Specialist Chambers war crimes court from holding an event in Pristina; see here. Kosovo - 29 November 2023 The prosecution in Pristina said a Serb has been charged with participating in the 1999 Dubrava Prison massacre, when Serbian security forces shot dead 90 to 130 ethnic Albanian inmates during the Kosovo war; see here. Serbia - 28 November 2023 Critics of Serbia’s nationalist government who have documented the country’s endemic corruption were targeted with military-grade spyware earlier this year, according to new findings by security researchers; see here. Bosnia - 27 November 2023 Predrag Markocevic and Marinko Djuric, who were police officers in the town of Teslic during the war, were cleared of involvement in the illegal detention and killing of Bosniaks and Bosnian Croats in 1992; see here. Hungary - 27 November 2023 The European Court of Human Rights (ECHR) began hearing the case of Hungarian constitutional lawyer Daniel Karsai on Monday, in what observers say has raised long-overdue debates in Hungary about self-determination and ending life with dignity; see here. Montenegro - 24 November 2023 Do Kwon, the entrepreneur behind the $40bn collapse of crypto token TerraUSD, can be extradited to either the US or South Korea to answer fraud charges following a court ruling in Montenegro; see here. Croatia - 24 November 2023 Pressure is building on the Karlovac region of Croatia, situated on the shortest route between Bosnia and Slovenia for refugees and migrants trying to reach western Europe; see here.

The following media round up on international and foreign policy issues from around the world for the period of 21 to 27 November 2023. 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. Uganda – 24 November The ICC Pre-Trial Chamber II has allowed Prosecutors to move forward with their request to hold a confirmation of charges hearing in the absence of Joseph Kony, a fugitive Ugandan militant who founded the Lord’s Resistance Army (LRA). A previous court filing has sought to continue the case in his absence and allow victims to put forward their views and concerns. He cannot be found despite an arrest warrant being issued for Kony in 2005. He is charged with insurgency against the government of Uganda and directed attacks against civilian populations. As the founder and leader of the LRA, he is accused of 33 counts of War Crimes and Crimes Against Humanity. His arrest warrant remains unexecuted. The Chamber has ordered the ICC registrar to submit a plan for pursuing and informing Kony. The current hearing will then be considered as having been compliant with the legislation of the Rome statute. https://www.jurist.org/news/2023/11/icc-judges-allow-prosecutor-to-move-forward-with-charges-against-uganda-rebel-joseph-kony/ South Korea – 24 November A decision in the Seoul High Court Has ordered the Japanese government to pay reparations to former "comfort women", which overturns an earlier decision from the district court to award considerable damages. These comfort women were used as sexually enslaved people during World War II operated by the Japanese military, with thousands of girls from Asian countries being abducted and forced to work in brothels, many of whom are now dead, and only a handful in their late 90s still survive. The difficulty in reaching this decision was because of Japan’s sovereign immunity under customary international law. The High Court felt that forced sexual slavery violated various international treaties to which Japan had signed up already. The compensation stands at ¥200 million to each of the individuals. Japan has resisted this judgement, saying that an agreement between the two countries has been settled ultimately. A settlement was reached in 1965, and an agreement was reached in 2015. Since then, many Japanese prime ministers have sent letters of apology and remorse. Japan seeks for these lawsuits to be dismissed based on sovereign immunity. When Japan did not participate in earlier court rulings, the plaintiff’s attempt to seize assets held by Japan was difficult, as this would result in an international law violation. https://www.jurist.org/news/2023/11/south-korea-appellate-court-orders-japan-to-compensate-former-victims-of-japanese-occupation-sexual-slavery/ Egypt – 23 November Egyptian authorities have been accused of voter suppression, repression of political opponents and squashing peaceful protests in the run-up to the upcoming presidential elections expected in December. Given the country's increasing financial and economic turmoil, the government is worried about losing the election. Those who are dissenting have been arrested and interrogated; at the beginning of the month, the prominent political opposition leader Ahmed Altantawy had criminal proceedings brought against him for apparently conspiring and inciting others to disseminate election-related material without authorisation, which is in breach of Egyptian law, when in fact he had urged supporters to complete endorsement forms online, those who have supported him have been sought out and punished. Those protesting in favour of Palestine were oppressed at Tahrir Square on 20 October after security forces cordoned off the area and ordered crowds to disperse amid chaotic scenes of men in plainclothes beating protesters with batons and sticks. On 27 October, after Friday prayers at Al-Azhar Mosque, men in plainclothes also beat protesters after they refused to heed orders by security forces to disperse. Those who shared videos of the protest were also arrested and remain in pre-trial detention pending investigations into terrorism-related charges. https://www.amnesty.org/en/latest/news/2023/11/egypt-authorities-step-up-repression-ahead-of-presidential-elections/ Venezuela – 23 November A Union leader, Guillermo Zárraga, has been arbitrarily detained by military counterintelligence, who have levelled various accusations, including treason, leading to his incarceration because of his opposition to Nicholas Maduro’s government. He currently sits in a prison with appalling conditions while he waits for trial. He has so far lost over 20 kg in weight, suffered a cardiac arrest and several fainting spells due to malnutrition despite numerous attempts for him to see medical professionals. His family have been left to try and keep him alive in prison. More than 25% of Venezuela’s population has fled the country due to violations of social rights and a defunct economy. The Judiciary is under Maduro’s Control, meaning there is little chance that his political opponents will ever be released from incarceration; another political prisoner, Emirlendris Benítez, is also in a critical state after being unjustly detained, in part because of the torture she suffered. There is now a long list of political prisoners, including the human rights defender Javier Tarazona and the university student John Álvarez, among the hundreds of people whose lives have been unjustly brought to a standstill because of government repression. The office of the prosecutor of the ICC is currently investigating crimes against humanity, the first time this has been undertaken in South America. https://www.amnesty.org/en/latest/news/2023/11/guillermo-zarragas-life-at-a-standstill-in-venezuela/ Sudan – 22 November Rapid support forces (RSF) and Allied Arab militia carried out a series of ethnically motivated attacks in West Darfur earlier this month, killing many civilians. The attack began in Ardamata town at a Sudanese Armed Forces Military Base, with the Masalit community targeted; innocent women and children were slaughtered. This escalation results from tensions between the RSF and the SAF over Security Force reform for a new transitional government. Many people are now seeking refuge in Chad because of the relentless violence. Survivors of the violence have come forward to substantiate claims and evidence collected. Amnesty International has recently published a report called “Death Came To Our Home’: War Crimes and Civilian Suffering In Sudan” to highlight the ongoing atrocities. https://www.amnesty.org/en/latest/news/2023/11/sudan-civilians-suffering-unimaginable-horror-amid-ethnically-motivated-violence-in-darfur/ Azerbaijan – 22 November Azerbaijani authorities have arrested Ulvi Hasanli, Sevinc Vagifgizi and Mahammad Kekalov, top leaders of an independent media outlet known for investigating and exposing corruption; they have faced oppressive measures such as detention for 4 months and spurious charges, which could see them sentenced for up to 8 years in prison. Investigations into the 3 potential perpetrators have suggested that fake information and evidence have been planted. There is also evidence that there has been violence during incarceration. These breach the European Convention of Human Rights with unlawful detention. The reasons for their continued incarceration have been seen as fanciful purely to deny bail. It has also been revealed that the 3 have been under surveillance with spyware. Sadly, this is not the first time that those criticising the government have been incarcerated with the arrest of a renowned scholar and activist, Gubad Ibadoghlu, in July on ridiculous charges of production, acquisition or sale of counterfeit money and extremism. https://www.hrw.org/news/2023/11/22/azerbaijan-crackdown-independent-media EU – 21 November The EU Generalised Scheme of Preferences (GSP) has been held up to scrutiny by the European Commission, which has exposed severe abuses by beneficiary governments. The scheme exchanges certain human and labour rights law obligations for tariff-free access across the EU market. It is thought that the GSP needs to do its job correctly and is allowing countries with potential human rights violations to benefit from tariff-free access. The GSP has conditions that countries must abide by. Countries must ratify and abide by 27 international conventions, including core human and labour rights treaties. Countries like Kazakhstan, the Philippines, Sri Lanka, and Pakistan continue to benefit from the GSP+ System, and countries like Cambodia, Myanmar and Bangladesh continue to benefit from the less stringent EBA arrangement. This highlights the EU Commission’s flexibility and sometimes bizarre decisions regarding which countries qualify, having breached the GSP obligations; non-governmental groups have called for greater transparency in this decision-making. Serious reform is needed for the GSP to allow for greater accountability and cooperation with local civil society groups speaking up. Currently, the European Parliament and Council are at loggerheads regarding the mechanism required to suspend membership. The current GSP regulation is set to expire on December 31. This has been extended by mutual consent between Parliament and the Council, but this only delays the inevitable migration controls that will likely follow. https://www.hrw.org/news/2023/11/21/eu-reports-show-need-fix-gsp-trade-regulation Guatemala – 21 November The Washington Office on Latin America (WOLA) and the Permanent Council of The Organisation of American States (OAS) have suggested that Guatemala's Supreme Court, Congress, and Attorney General’s Office are trying to undermine the Rule of Law in attempting to overturn the results of the 2023 Presidential elections and persecuting opposition leaders and human rights protesters. 27 arrest warrants have been made against those not supportive of the government. A new Supreme Court has been appointed by fastrack under dubious circumstances by politicians destined to lose their seats in the election. Evidence suggests that there have been legal manoeuvres to suppress voting, with the arrest of anybody critical of the government; this has all been linked to the Attorney General’s Office, which has brought forward apparently fictional charges. Various attempts to remove diplomatic immunity from multiple officials who are not supportive of the government would allow investigations to undermine their credibility. Foreign governments have publicly called on President Alejandro Giammattei to condemn the Attorney General’s Office and leaders from Business communities to speak up in favour of democracy and the Rule of Law. https://www.hrw.org/news/2023/11/21/guatemala-renewed-attacks-against-democracy South Africa – 20 November South Africa is struggling with uncontrolled immigration; it has been suggested that they may turn their back on the United Nations 1951 Refugee Convention and a put forward a host of immigration reforms by the Department of Affairs (DHA) to combat this issue; recent immigrants have suffered xenophobic attacks and been blamed for South Africa's economic woes. A press conference held on November 12 claimed that South Africa "does not have the resources to grant the socio-economic rights envisaged in the 1951 convention". This means education and work rights could be removed from immigrants. South Africa would likely propose a "safe first country" rule, denying asylum to those passing through other safe countries. This is a far cry from South Africa’s endorsement of the "Global Compact on Refugees”, which builds on a comprehensive refugee response framework and a constitution that proclaims it is founded on human dignity. It is thought that immigration will play a big part in the upcoming 2024 elections, where it is hoped that refugee rights will not be undermined. https://www.hrw.org/news/2023/11/20/south-africa-mulls-major-immigration-overhaul UK - 20 November The long sentences handed to the "Just Stop Oil” protesters Marcus Decker and Morgan Trowland after they scaled the M25At the Queen Elizabeth II Suspension bridge in Dartford, which caused over 40-hour delays, might be in breach of international law. The UN rapporteur for Climate Change and Human Rights has expressed concern at the severity of the sentences compared to earlier offences of a similar nature. Both men were convicted of a public nuisance offence in the most significant sentences for nonviolent protests the UK had ever seen. The UN feels that the sentences contravene The Universal Declaration of Human Rights and the International Convention on Civil and Political Rights. The UN believes that Human Rights defenders should be allowed to carry out their peaceful work free from the threat of violence, harassment, or retaliation. The government has yet to respond to how it has reconciled the recent Public Order Act with International Human Rights Law. https://www.theguardian.com/environment/2023/nov/20/just-stop-oil-protesters-jail-terms-potentially-breach-international-law-un-expert-says

The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 17 November 2023 to 23 November 2023. 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. Kosovo - 23 November 2023 The prosecution at the Kosovo war crimes court accused Hashim Thaci, Kadri Veseli, and Rexhep Selimi of attempting to interfere with witnesses and obstruct their testimonies and called for visits to the defendants to be curtailed; see here. Balkans - 23 November 2023 A Council of Europe report said that ex-Yugoslav states’ failure to fully confront war crimes continues to affect people’s human rights and warned that a resurgence of ethno-nationalism could threaten the peace; see here. Kosovo - 22 November 2023 At the war crimes trial of former Kosovo Liberation Army member Pjeter Shala in The Hague, the prosecution sought to undermine an ex-guerrilla who was testifying for the defence, claiming he repeatedly changed his testimony; see here. Serbia - 22 November 2023 (Comment) The Vucic government has an arsenal of dirty tricks up its sleeve to make sure elections don’t produce any ‘surprises’ – but the capital could still deliver an upset; see here. Bosnia - 22 November 2023 Ten former soldiers were sentenced to a total of 162 years in prison for participating in the mass execution of 24 Bosniak civilians in the Bosanski Novi area in June 1992; see here. Bosnia - 22 November 2023 Bosnia’s state court upheld a verdict acquitting the wartime commander of the Bosnian Army’s Fourth Corps, Ramiz Drekovic, of ordering artillery attacks on civilian targets in the town of Kalinovik in 1995; see here. Kosovo - 20 November 2023 NATO Secretary-General Jens Stoltenberg has said the alliance is considering making permanent an increase in its military presence in Kosovo that came after violence erupted in northern Kosovo in September; see here. Kosovo - 20 November 2023 The first hearing in the trial of wartime Serbian fighter Cedomir Aksic, accused of involvement in killings, ethnic cleansing and destroying property during the Kosovo war, was held in his absence at Pristina Basic Court; see here. Croatia - 17 November 2023 (Comment) The anniversary of the fall of the Croatian city of Vukovar to Belgrade’s forces in September 1991 shows how Serbia refuses to face up to its past, preferring a narrative of perpetual victimhood, says political researcher Nikola Gajic; see here.

The G37 Group is delighted to announce that Mr. Francis Kiernan has joined our growing team as an associate member. Francis has over 25 years experience in the energy sector and brings to G37 his considerable experience, knowledge and business contacts in this challenging and ever developing industrial sector. His role will be to provide expert assistance, advice and guidance to G37 as we develop our focus in playing a role resolving disputes across the globe as counsel, arbitrators or mediators working together closely with governments, NGOs, lawyers and industry professionals. Francis will continue in his role as Managing Director in his Group of Companies in Scotland.

22 November 2023 The People’s Republic of Bangladesh is a parliamentary representative democratic republic. The Prime Minister sits as the Head of the Government, which serves as the executive branch of the political system, and is elected for five year terms. The President is elected by a 350-seat unicameral parliamentary legislature and is (formally) responsible for the appointment of the Prime Minister. Against the backdrop of a written constitution, legislative power is vested in both the executive and legislative branches. In recent history, Bangladeshi politics has been dominated by two parties: the Awami League (“AL”) and the Bangladesh Nationalist Party (“BNP”). Although several other parties contribute to the state’s political landscape, many face institutional challenges. Jamaat-e-Islami, the largest Islamist party in Bangladesh, for example, has long been deregistered as a political party “because its charter, which acknowledges the absolute power of God, violates the constitution” in that it “does not recognize people as the source of all powers, nor does it accept the undisputed power of the people’s representatives to make laws.” The AL came to power in 2009 and quickly abolished the previous caretaker government system, which allowed an incumbent government to rule until power was transferred to a newly-elected government through proper elections, and “had ensured three free and fair elections since its incorporation into the constitution in 1996”. The AL did so by unilaterally amending the constitution without a referendum, and despite the objections of civil society and opposition parties. In the face of these unilateral measures, the opposition boycotted the 2014 elections, to the advantage of the AL, who once again took power. Since that time, the AL has remained in power, increasingly cementing its position through the use of force and grave human rights violations, alongside the manipulation and politicisation of key institutions, such as the Election Commission and the judiciary. Driven by the need to repress anything seen as political dissent, the AL has curtailed freedom of speech through draconian legislation; arbitrarily detained opposition leadership, activists, and supporters; brutally cracked down on any deemed to threaten its position; and monopolised, politicised, and corrupted state institutions which should ordinarily protect the civil and political rights of civilians. Outside of activities having any semblance or relation to any lawful acts, reports also increasingly demonstrate the use of torture and enforced disappearances as further tools of political repression. As the 2024 elections approach, the human rights landscape in Bangladesh is dire, and must be addressed urgently if Bangladesh is to realise a democracy that functions in practice, and not just in name. Bangladesh is a country that has struggled for generations to reconcile its past and pave a way for the future, a future that benefits all its citizens irrespective of ethnicity, faith or political beliefs. Bangladesh has been for a number of years, under the Awami League Government, a country of real concern for many within the international community, as despite its rhetoric and protestations to be a democracy, the reality is quite different, with a complete absence of free and fair elections, the circumvention of the rule of law and countless human rights violations being committed with disturbing frequency, to such an extent that it is viewed as a State sanctioned policy. Further, emboldened by the lack of consequences for its actions and a growing culture of impunity, the Awami League Government has presided over policies to reduce democratic space and consolidate its grasp on power. Bangladesh Jamaat-e-Islami is a democratic and systematic political party. Since its inception, it has played an active role in all democratic and anti-tyrannical movements and also in securing people’s rights. As an opposition political party, it has an obligation to hold the government to account and ensure that it is acting, at all times, in the interest of the people it has been elected to serve. To this end, Jamaat also played a historic role in the movement from 1991 to 1996 for attaining the demand of a caretaker government. Jamaat took part in all credible elections. On Sunday, 19 November 2023, Bangladesh’s Supreme Court rejected an appeal by Jamaat-e-Islami challenging an earlier court decision, which excludes their participation in the forthcoming elections on 7 January 2024. Jamaat, the largest Islamic party and third largest political party in the country, has been prevented from standing for election since a High Court ruling on 1 August 2013 declared its registration illegal because its religious nature is alleged to violate the Constitution. It is the latest in a series of steps Bangladesh has taken towards autocracy, abrogation of the rule of law and intolerance of political dissent. In denying Jamaat the opportunity to participate in elections peacefully, and to engaged the Supreme Court’s decision violates the rights of political participation and free elections under the International Covenant on Civil and Political Rights (ICCPR) 1966, which binds Bangladesh. Article 25 of the ICCPR states that “every citizen” has “the right to take part in the conduct of public affairs, directly or through freely chosen representatives” and take part in free elections. Banning Jamaat from standing cannot be considered a “reasonable” restriction on their rights of political participation. The decision taken by a five-member bench of the Appellate Division headed by Chief Justice Obaidul Hasan violates fundamental standards of natural justice. Jamaat had applied for an adjournment due to a general strike, but the court proceeded in the absence of Jamaat’s senior lawyers. CJ Obaidul Hassan previously served on the International Crimes Tribunal-2 between March 2012 and September 2015. He sentenced several members of Jamaat, such as Muhammad Kamaruzzaman and Mir Quasem Ali, to death by hanging. The Working Group on Arbitrary Detention found that both cases failed to meet the standard of a fair trial. This raises concern over the independence and impartiality of the court in a country that now ranks 127th out of 140 countries for the Rule of Law, according to the World Justice Project in 2022. Whilst the Supreme Court exists to uphold the Constitution, it must not do so by sacrificing the very rights of political participation, which it is there to protect that define the legitimacy of a free and democratic nation. In the lead up to the 2024 elections, the human rights and political landscape in Bangladesh is shocking, and there is no possibility of free and fair political processes being held, particularly given the AL’s increasing encroachment on supposedly independent state institutions, such as the judiciary and the Election Commission, which may otherwise mitigate this danger, even if only partially. With Bangladeshi citizens facing a situation in which maintaining their freedom means giving up or failing to exercise the political beliefs entirely, efforts must be made to ensure that there is not a further five years’ of political censorship, suppression and disruption. International responses, such as sanctions, are admirable and necessary to combat this situation. However, for numerous Bangladeshi stakeholders, the only meaningful way in which this can be achieved with the urgency needed is to call for the reintroduction of the caretaker government system, in the hope of breaking the total chokehold of the AL that will, unless addressed, guarantee that its human rights violations continue unopposed and with impunity, in 2024 and beyond.

The following media round up on international and foreign policy issues from around the world for the period of 14 to 20 November 2023. 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. Syria - 16 November The ICJ has made an order directing Syria to prevent acts of torture and other abuses. This came because the Netherlands and Canada filed a case against Syria on June 8th, 2023, saying they had violated the International Convention Against Torture and sought a legal determination of state responsibility for torture. These "provisional measures" will stop ongoing violations and improve future proceedings. The ICJ considered various UN reports and thought there were "reasonable grounds where there had been active torture and ill-treatment". The ICJ will work towards a full hearing on the case’s merits, which the provisional measures will not pre-judge against. Syria chose not to participate in legal proceedings and maintains its innocence in the face of accusations of human rights abuses. Despite arrest warrants against Syrian president Basha Al-Assad by French Judges, other Arab countries such as the UAE and Jordan have normalised relations with Syria. The Arab League readmitted Syria after its suspension in 2011. Syria has even participated in talks on neutralising the growing situation in Gaza. https://www.hrw.org/news/2023/11/16/world-court-rules-against-syria-torture-case Russia - 16 November An anti-war activisthas been sentenced to 7 yearsin prison, having been convicted of "disseminating knowingly false information about the Russianarmed forces” accordingto article 207.3 of Russia's criminal code. Aleksandra Skochilenko replaced price tags with anti-war messages in supermarkets, trying to educate Russianson the Ukrainian situation. Skochilenko has been held in appalling prison conditions for 19 months. Her health has sharply deteriorated as she suffers from coeliac. This is the second time after Vladimir Zavyalov, another anti-war activist, also replaced price tags with political messages and was found guilty under the same penal code in October 2022 but was able to flee Russia before the verdict. Since the passing of article 207.3, more than 750 people have faced criminal charges for similar behaviour in the "discrediting of armed forces", with the number of severely penalised being over 8.000. https://www.amnesty.org/en/latest/news/2023/11/russia-anti-war-activist-aleksandra- skochilenko-sentenced-to-seven-years-in-prison-following-sham-trial/ Yemen - 16 November The Yemeni government and the Southern Translational Council (STC) are failing to provide Basic utilities for Aden residents (the largest city in southern Yemeni), which has affected health, education, and other essential rights for an adequate standard of living, including housing, safety, and sanitation. Yemen is one of the most water-scarce countries in the world; the conflict, which started nine years ago, has made the situation worse for its citizens, with some citizens only receiving water every two days. Protests occurred over lack of water and electricity; however, violence often suppressed these. The lack of these essential utilities has disproportionately affected women and children more than others, as they are often responsible for collecting and carrying water. The United Nations has also reported outbreaks of cholera and other waterborne illnesses and diseases. In a recent review of Yemen’s compliance with the International Covenant on Economic, Social and Cultural Rights (ICESCR), to which Yemen is a signatory, the Committee on Economic, Social and Cultural Rights (CESCR) expressed concern regarding the conflict’s severe and long-term ramifications on economic, social, and cultural rights by the Yemeni population. The Committee said that the conflict in Yemen does not negate Yemen’s responsibility to fulfil its obligations under the Covenant. https://www.hrw.org/news/2023/11/16/yemen-aden-electricity-water-cuts-threaten-rights Qatar - 16 November Qatar has failed to help migrant workers and protect them from exploitation; this was highlighted in the building of the football stadium for the FIFA World Cup. Qatar has made little to no remedy to help these workers. A new briefing, "A Legacy in Jeopardy", feels that this will harm the reputation of international football. Workers’ rights are still seriously at risk. It is now a year from the tournament, and FIFA and Qatar deflect and deny any responsibility for migrant workers’ rights. In 2017, the Qatari government and FIFA tried to introduce weekly enforced rules to try to prevent widespread abuse of migrant labour. Workers still require permission to undertake specific jobs, making changing jobs difficult if conditions are unpleasant. This means employers still effectively control workers’ presence in the country and their legal status. Wages remain low, and living costs have risen. Pseudo-tribunals have been set up, but these are lengthy and challenging processes for migrant workers who often have to accept settlements. It looks unlikely that remedies or compensation will be given despite calls from human rights organisations. https://www.amnesty.org/en/latest/news/2023/11/qatar-inaction-by-qatar-and-fifa-a-year-on- from-the-world-cup-puts-legacy-for-workers-in-peril/ Global - 15 November The World Meteorological Organization produced a report showing that greenhouse gas in the atmosphere is at their highest for 3 million years; Amnesty International believes that a full, fair, urgent, and forever phase-out of fossil fuels is needed and a just transition to renewable energy sources is essential at the COP28 climate summit toprevent worsening climatedamage, the knock- oneffect will be a deterioration in human rights. The WMO report shows that allgreenhouse gases are rising, linked to human activities and are long-lasting. This will be serious food for thought for COP28, which begins this December. https://www.amnesty.org/en/latest/news/2023/11/global-record-greenhouse-gas-levels- reinforce-urgent-need-for-states-to-commit-to-fully-phase-out-fossil-fuels-at-cop2 UK - 15 November The UK Supreme Court has found that Rwanda is not a safe Third World country for the government to send asylum seekers. It was a unanimous judgement where the Supreme Court agreed with the Court of Appeal that asylum seekers removed to Rwanda would face the real risk of being returned to their home country where they would face persecution, known as "refoulment”, putting the UK in breach of its obligations under international and domestic law. Rwanda has been knownfor its extra judicial killings, debts, custody, enforced disappearances, torture and restrictions on media and political freedoms. The UN Commissioner for Refugees has highlighted the defects in Rwanda’s asylum systembefore and its lack of political and legal independence. The Supreme Court also found that Rwanda did not have the practical ability to determine asylum claims appropriately. Rishi Sunak has now vowed to introduce emergency legislation to confirm that Rwanda is safe. https://www.hrw.org/news/2023/11/15/uk-supreme-court-finds-uk-rwanda-asylum-scheme- unlawful UAE - 15 November There are concerns about digital surveillance at COP28. It is no secret that the UAE has used digital surveillance to crush descent and stifle freedom of expression. Human Rights Defender AhmedMansoor faceda string of cyber-attacks facilitated by mercenary surveillance companies. Known as ‘the last human rights defender’ in the UAE, Mansoor, who openly criticised the authorities, has been languishing in an Emirati prison for over six years. It is thought that the UAE may engage in unlawful electronic surveillance, violence and restrict certain digital liberties currently enjoyed through encryption. In March, it was exposed that the UAE was using a new spyware attack campaign. In 2021, the Pegasus Projectfound that journalists at publications including the Financial Times, The Economist and the Wall Street Journalwere selected for targeting, likely at the request of UAE authorities. https://www.amnesty.org/en/latest/news/2023/11/uae-concerns-around-authorities-use-of- digital-surveillance-during-cop28/ Uganda - 14 November A new vehicle tracking system in Uganda allows the government to track the location of all vehicles in the countryin real time;this undermines privacyrights and createsrisks to the Rights of freedom of association and expression. The system is called the "intelligent transport monitoring system (ITMS).” The government says it is used to improve road safety, reduce vehicle theft, and computerise the identification of criminals. The system works by identifying license plates; this is further complicated by a Russian-based company that manages the system. The constitution of the Republic of Uganda protects citizens’ rights to privacyunder Chapter 4, article 27. Despite attempts at the Ugandan High Court to dismiss the technology, this was thrown out based on poor legal argument. This is another step in Ugandan’s “nine-point strategy", which includes fingerprinting on all firearms, banning hoodies, and creating a national DNA database. https://www.jurist.org/news/2023/11/hrw-uganda-surveillance-system-threatens-rights-to- privacy-expression-and-association/ Cambodia - 14 November Cambodian authorities have moved thousands of families from Angkor, a UNESCO World Heritage site, in the name of conservation. The location is a sprawling temple park over 1000 years old; the reasoning behind this is to protect its UNESCO World Heritage status. However, it looks as though Cambodian authorities have failed to adequately inform people or engage in genuine consultations about the evictions. There is also evidence that intimidation and threats were used. This comes after a history of violent forced evictions in the country. The conditions for residents who volunteered to be allocated are of poor quality and will likely become shantytowns without essential utilities. UNESCO seems to be just as complicit in the evictions; while being used as a justification by Cambodian officials, they have not gone out of their way to do anything proactive to restrain the convictions. They are setting a dangerous precedent for other countries to follow. https://www.amnesty.org/en/latest/news/2023/11/cambodia-angkor-wat-evictions-unesco/ Ukraine - 14 November A court in Kyiv has ordered a 60-day detention of a Ukrainian lawmaker called Oleksandr Dubinsky on Tuesday on suspicion of treason. He has been critical of President Zelenskyyand has connections to the Republican party in the US. It is also thought he has criminal links to Russian military intelligence by cooperating with them. He is accused of spreading anti-Ukrainian messages and disseminating misinformation. Oleksandr Dubinsky maintains his innocence and accuses the Ukrainian government of trying to besmirch his name becauseof his criticism of the Ukrainian war effort. https://www.jurist.org/news/2023/11/ukraine-court-orders-60-day-detention-for-politician- suspected-of-treason/

The following media round-up on international, legal and foreign policy issues from around the Balkans for the period from 10 November 2023 to 16 November 2023. 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 - 16 November 2023 (Comment) Survivors and veterans from all parties to the conflict are gathering today at sites of the Bosnian War. Together, they want to send a message of justice and reconciliation in a country that is still torn apart; see here. Kosovo - 16 November 2023 (Comment) A former Kosovo ambassador testified publicly last week before the Kosovo Specialist Chambers in the Hague. The witness mainly retracted his previous statements against former Kosovo president Hashim Thaçi. But beyond the reasons for the witness’s contradictions, it shows how Kosovo trials are caught between two duties: protecting witnesses and holding a public trial; see here. Kosovo - 16 November 2023 Former Kosovo Liberation Army officer Sadik Halitjaha told the trial of Hashim Thaci and other wartime guerrilla leaders in The Hague that contrary to prosecution claims, the KLA’s General Staff didn’t give orders, and the guerrilla force didn’t have a defined military structure; see here. Croatia - 15 November 2023 Branimir Glavas, a wartime general sentenced to seven years in jail for war crimes, said he escaped from Croatia to neighbouring Bosnia “just in case” after his first-instance verdict was handed down; see here. Albania - 15 November 2023 (Comment) Albanians still look for validation to a Europe whose attitudes to them remain heavily informed by racism, Islamophobia and stereotypes about ‘Oriental’ others; see here Bosnia - 14 November 2023 Wartime Bosnian Serb Army brigade commander Miladin Trifunovic was acquitted of ordering detained Bosniak civilians to be used as forced labour on the frontlines in the Vogosca area during wartime in 1992; see here. Bosnia - 14 November 2023 Some of the remains of people killed in the July 1995 genocide haven’t been unidentified and remain in storage. A new repository is being built at the Srebrenica Memorial Centre to finally give them a dignified resting place; see here. Serbia - 13 November 2023 Documents obtained by BIRN show the Serbian government-funded lawyers who have defended officials accused of corruption in Kosovo courts; see here. Bosnia - 10 November 2023 Five members of Bosniak-led military and police forces told the Bosnian court that they deny systematically abusing and torturing Serb prisoners at a detention facility in the town of Visoko in 1992; see here.

Isabella Kirwan secures a suspended sentence for an offence of obtaining leave to remain in the UK by deceptive means contrary to section 24A(1)(a) of the Immigration Act 1971. Summary The Defendant is a Polish national. He obtained status under the EU Settlement Scheme by deceptive means. Specifically, he made false declarations by failing to disclose his previous criminal history and previous identities when asked to do so. These declarations would have likely led to his application being refused as he was not entitled to leave to remain in the UK, being subject to an extant deportation order which had been in force since 1999. Offence of Deception under Section 21A(1)(a) of the Immigration Act 1971 There are no sentencing guidelines for this offence. The offence is either-way and carries a maximum sentence of two years’ custody on indictment.[1] There are two statutory defences available: (i) section 31 of the Immigration and Asylum Act 1999 (which gives effect to Article 31(1) of the Refugee Convention) and (ii) section 45 of the Modern Slavery Act. The main authorities in deception cases are R v Ali [2001] EWCA Crim 2874; [2002] 2 Cr.Ap.R(S) 32 and R v Heng Pit Ding [2010] EWCA Crim 1979.[2] In R v Heng Pit Ding, the defendant was sentenced for securing or seeking to secure the avoidance of an enforcement action contrary to section 24A(1)(b) of the Immigration Act 1971. He received a 12-month custodial sentence. The defendant in Ali claimed asylum using a false nationality. He was convicted for seeking to obtain leave to enter the UK by deception contrary to section 24A(1)(a) of the 1971 Act. In Ali, the Court of Appeal reduced the defendant’s custodial sentence reduced from 18 months to 12 months’ imprisonment, observing that it was necessary to leave ‘a ceiling for the most serious cases’ [§18]. However, the Court of Appeal also confirmed that ‘the message has to go out that offences of this kind will be treated by the court very seriously.’ [§18]. It looked to ‘passport offences’ for guidance, applying the findings of Keene J in the case of R v Walker [1999] 1 Cr App R(S) 42, and Rose LJ in R. v. Daljit Singh [1999] 1 Cr App R(S) 490, who noted that, ‘although a plea of guilty will always attract an appropriate discount, previous good character and personal circumstances of mitigation are of very limited value in cases of this kind which should generally be sentenced on a deterrent basis.’ [§17]. Despite the deterrent approach to sentencing, Isabella managed to persuade the Court to impose a Suspended Sentence Order, with only one condition attached; unpaid work. Isabella was instructed in this case by Aleksandra Kowalik of Kowalik Law. To instruct Isabella in a similar case, please contact: clerks@guernica37.com. To find out more about Isabella Kirwan’s practice, please click here. Isabella Kirwan, Barrister, Guernica 37 Chambers. [1] CPS Guidance, ‘Immigration - Annex 1 Tables of Immigration Offences’, undated: https://www.cps.gov.uk/legal-guidance/immigration-annex-1-tables-immigration-offences (last accessed on 8 November 2023). [2] R v Heng Pit Ding [2010] EWCA Crim 1979 summarised a number of sentencing principles by reference to previous cases, including R v Ovieriakhi [2009] EWCA Crim 452 and R v Kolawole [2005] 2 Cr. App. R (S).