HUMAN RIGHTS FIGHT

Sunday, December 16, 2012

YOANI SANCHEZ ARRESTED AGAIN

Writer: Lucy Coronel

Remember on October 4th when blogger Yoani Sanchez was arrested for covering the trial of the Spanish Angel Carromero, by interrupting their space to provide information and deprived her of the right? Well, on Thursday, November 8th, while she was with some opponents outside the police station in the district Diez de Octubre, trying to get information about other detainees and suppose ideas or campaigns against the Cuban government, she was arrested with other members. Charges of disorderly conduct and social indiscipline were applied against them. She was also accused for complying orders from the U.S. government, according to one of the opponents, Yohandry. He is also a blogger, who is responsible for publishing news, especially about the Cuban government. All these bloggers, including Yoani are clearly critical and based on ideas that go against the Cuban policy.

According to Article 19º of the Universal Declaration of Human Rights: "Everyone has the right to freedom of opinion and expression: this right includes freedom to hold opinions without interference and to search for their opinions, receive and opinions and impart information and ideas anyway of frontiers, by any means of expression." Also, Article 13º of the American Convention on Human Rights defends the freedom of thought and expression.

After some hours of being arrested, Yoani was finally set free and announced the news by posting it on her twitter account and by expressing her gratitude. In concern with this case, it is important to consider the involvement of the Inter American Press (SIP). The SIP completed a statement by its Chairman of the Committee on Freedom of the Press and Information, Claudio Paolillo. Yoani has established good relations with this organism which has given her the obligation to be in charge of freedom of expression in Cuba. Although she had the support and the protection of the SIP, we must remember the conditions about the freedom of expression in this country, so we shouldn`t ignore the threats and acts of violence professed to Yoani. If they attacked her once, nothing can stop do it again.

Yoani has been considered as one of the most influential and bravest women of the world, by Times magazine. Unfortunately, reports have shown that in the last days she has also been a victim of abuse of power that has tried to silence her. While she was walking down the Havana`s streets, she was intercepted by a vehicle and several men. According to her, the men were government agents. She was forced into the car, and suffered shock and low cuts. Sanchez explained that the purpose of it was that she came out to the protest scheduled.

Given these facts, the question is more than evident, what happens to the bodies and organizations like the IACHR, responsible for protecting human rights? Especially to a woman who has become an international example. It is ironic that someone who fights for human rights is a victim of violations of them. All rights are applied to all human beings regardless of age, gender, race, religion, ideas, and nationality. No one can be excluded from enjoying their rights and everyone should be respected and guaranteed by the authorities and rulers.

The day that we`ll see results with respect to this issue, especially in this area is still unknown, but meanwhile we remember and look up to all those who suffer because their rights have been violated. This occurs when a State requires its citizens to meet their obligations when they cannot enjoy their rights.

For videos and more information check the links below:

Saturday, December 15, 2012

Slavery in the XXI century

Writer: Juan Fernando Larco

"Slavery was, in a very real sense, the first international human rights issue to come to the fore. It led to the adoption of the first human rights laws and to the creation of the first human rights non-governmental organization. And yet despite the efforts of the international community to combat this abhorrent practice, it is still widely prevalent in all its insidious forms, old and new. The list is painfully long and includes traditional chattel slavery; bonded labour; serfdom; and forced labour, including of children, women and migrants, and often for the purpose of sexual exploitation, domestic servitude and ritualistic and religious reasons....”

Kofi Annan

To talk about slavery, we have to know what it means and how this is possible and acceptable in societies like ours. First, it is necessary to recognize that this was a problem that has existed since the beginning of the civilization. This was started during the time of the Egyptians, the Romans, the Spanish that came to America and all the countries that used labor force to abuse humans. But what does slavery really means? The dictionary says that: “slavery is the condition of a slave”, but what is a slave? “It’s a person who is the property of and wholly subject to another; a bond servant. A person entirely under the domination of some influence of another person”

Now days, there are many organizations around the world like Amnesty International, Children’s Defense Fund (CDF), Human Rights Action Center and more that want to ensure the respect of human rights this includes the elimination of against slavery, because it attempts against human rights. Some of them say that slavery is a system where people are treated as a minority. Also it’s important to consider that throughout in history, some countries have signed conventions related to slavery and human rights:

The Universal Declaration of Human Rights (article IV) proclaim that “No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.” Also in Article 8 it of the International Covenant on Civil and Political Rights it states that not one can be forced to work, unless the individual work is part of a punishment for breaking the law or being in jail. Proclaims against slavery were part of the revolution of the state in the XIX and XX century in which it becomes law that every men, women and children are born free and have to live in that way, but this problem wasn’t eradicate. Indeed, even in this XXI century we are still fighting against slavery.

Moreover, one of the biggest problems concerning this social issue is slave trade. These are people that are used or are forced to work in different ways like prostitution. Countries like Africa and Haiti are some countries that have had to face and fight against slavery. According to Hillary Clinton slave trade rate in the world is over 27 million people.

The state must guarantee these rights; the problem is that transnational –criminal groups operate as international mafia trafficking people. These groups become an obstacle for the fulfillment of laws and conventions that protect individuals from slavery. First of all, we must understand that the system under which this is handled is different from ancient societies. Yet, they share the same sense. Even in this era where millions of people are in this situation, there are efforts to stop this, one example is the pursuit of some conventions mention before.

Slavery in the society implies discriminatory or humiliating treatment against people. This is reflected in their work, in which they have low respect to the workers or are not paying what they have even in how people treat this employs , which is fully discussed as a problem that has created a negative impact in society. Unfortunately, there is not a voice of protest in these victims because sometimes they need the money even in this cases appear the Traficant’s that transmit fear to the individuals and use that need in their favor, not always they force the person to work but the need of this person force them to do it.

We could eradicate slavery. The laws are in place. The multi-nationals, the world trade organizations, the United Nations, they could end slavery, but they're not going to do it until and unless we demand it.

Kevin Bales

Stages reforms of Inter American System

Writer: Valentina Jaramillo

The Inter-American System of Human Rights (ISHR) passes through a critical time. For more than a year, several members of the Organization of American States (OAS), the Inter-American System seek to weaken, particularly American Commission on Human Rights (IACHR), through a process of reform of the system decided in 2013. The debate that is taking place at the OAS. All the countries has shared some thoughts about the challenges facing American System for the Promotion and Protection of Human Rights, and some proposals to make it more efficient, transparent and effective in the short-term paper.

Reforms:

A system with the necessary resources: The effective functioning of the inter-American system depends most of part on the economic resources with which this count. To ensure autonomy, independence and effectiveness of the protection system regional human rights and, therefore, to discuss any institutional reform and / or procedural aimed to strengthen it is essential first secure their autonomy and financial stability.
Importance of implementation of the decisions for the protection of the rights: The effective implementation of the decisions of the system is a key element to ensure its ultimate goal of protecting the rights of individuals. The case system plays a central role in responding to the needs of the region, both individually and allows the shelter to adopt general measures intended to prevent a recurrence of the events that led to the international responsibility of the State.
An accessible, efficient, transparent and effective system: The strengthening process should be directed toward the search for a regional protection system that is accessible, without leaving out those most vulnerable. The System must also ensure that victims receive a timely response, allowing them to pass through a transparent and predictable process that culminates with effective solutions and to ensure full reparation of violated rights.
A system to ensure the independence and autonomy: administrative, financial and membership bodies: Independence and autonomy are paramount credibility and effectiveness of the administration of justice and the institutions for protection and promotion of human rights. The state audit work performed by the Inter-American System requires full independence of States, the OAS political bodies and other stakeholders.

On the other hand, many countries talks about the reforms, and they say that this reform would be an unfortunate chapter in American history. CEJIL proposed developed and disseminated concrete reforms to the regulations of the Commission and the Inter-taking as heading as the primary objective of the Inter American System is to ensure the protection of human dignity without distinction and bring justice to victims of specific human rights violations.

The proposals are:

The role of the organs in contentious cases
Establish time frames for processing case before the IACHR
On the file requests
On measures precautionary
On the reparations granted by the Inter American System with special attention to economic reparations ordered by the IACHR.[2]

[1]http://cejil.org/documentos/proceso-de-reformas-al-sistema-interamericano

[2]http://cejil.org/fsi

For more information visit this links:

Sarayakus vs. Ecuador

Writer: María Dolores Banda

Sarayakus vs Ecuador it's a case really important, that can help us to understand the applicability of human rights. But, before I start writing about this case, I would like to explicated who are the sarayakus.

Sarayakus is a kichuas community, they are located in Ecuador, and for being more expecific they are located in Pastaza province, at Ecuador Amazonian region. Sarayakus name was given by their ancestral people, and it means "river of corn". now a days their population goes around a thousand of sarayakus. The case of Sarayakus, it's an important case. Sarayakus people demonstrated to the world that human rights have to be respect by everyone, including the states. In this case, Sarayakus demand the state of Ecuador because the Ecuadorian state accept an oil company call CGC, to started working at the Amazonian region, in the sarayakus territory. This company plant and let some explosives in this territory. That's why the Sarayakus went to the CIDH, in order to asked for the respect of their rights.

The sarayakus said that it was not fair for them that the Ecuadorian state gave part of their territory to the Argentina oil company CGC without asking them, or giving some information about this action. The Ecuadorian state was judge by the CIDH because the states have international responsibility of the actions they do In their territories. Sarayakus just want to protect their territory and protect themselves. The production of oil in their territory was affecting not only their soberania, it was also affecting their life's, they health, and their culture.

But this was not an easy case for CIDH. Sarayakus case has lasted 10 years. The Inter America Court of Human Rights finally declare that the Ecuadorian state has international responsibility because of the violation of some basic rights. Such as, the rights of private property that the court recognized on their article 21st. The right of life and judicial protection, also recognized on articles number 4,8 and 25. The rights of residence and also the right of personal integrity.

We have to understand some things in order to understand why this case was so important. First of all, the sarayakus base their economy in the agriculture, 90% of their alimentary necessities are cover by their own resources, so when the oil company came, they were clearly affected by it. We also have to know that the sarayakus have their own authority,

Since 1979 the sarayakus have an statute the are recognized by the " ministerio de bienestar social". So sarayakus have a president, vice- president and a secretary. The Ecuadorian authorities were supposed to asked sarayakus authorities for permission to access to their territory. And sarayakus were supposed to asked to their community.

This are some of the reasons of why sarayakus won the case to the Ecuadorian state. We can see that their rights, their authorities and their culture were violated. Finally, I want to conclude giving my personal opinion. We have to understand that we all have different cultures. And we have to respect them all. In this case, we have to respect sarayakus culture, and understand their cosmovision, for them their territory are important, not only because is there were they live. But because they have a spiritual connection with this territory, and if the oil company want to explore and explore their territory in means that they have to go out there, and the earth it's going to suffer. This is how they think, and this is why they protect so much their territory. The state have to pay them because of all the problems this oil company gave them.

But we all have to protect our territory, we all have cultures and we all want to make our cultures being respect. So we must started respecting others culture. Sarayakus case it's an interesting case to understand how long a process can take, but at the end it's also a case that make us see the importance of the CIDH and their work. And how the appliance of their articles can help us to make our human rights being respect. This case help other communities to start taking action of themes like this, and make sure the states protect and guarantee their rights.

Sunday, December 9, 2012

Atala Riffo y Niñas vs. Chile

Writer: Sofia Guerrero.

This is the case of Atala Riffo and Niñas vs. Chile, which was taken up to the Inter-American Court of Human Rights on September 17^th 2010. This is the reality of a denunciation and accusation against Chile for its interference and discriminated attitude towards Karen Atala and the custody of her daughters. The Chilean responsibility of this discriminated violence was because the State didn’t respect the sexual tendency and orientation of Atala. This lead to a result that made Atala quit and give up the care and custody of her children. The trial and investigation was set since there was the presumption that Chile didn’t respect some of the universal principles such as equal treatment, judicial protection and no discrimination (Article 1 and 24 of the American Convention).

Video of Karen Atala: http://vimeo.com/album/1682603/video/28419540

Under this case, it’s important to understand that Atala is known and considered as the first and only lesbian judge in Chile. Her personal and sexual status has taken her to be part of a complex and difficult situation. Throughout the last months, Atala has fought for the respect and acceptance of her sexual status and for the custody of her daughters. Furthermore, the Inter-American Commission of Human Rights (IACHR) has shown its support toward Atala. Also the IACHR has forwarded the case to the Court, who emitted the judgment and sentence considering that the Chilean State is responsible for the violation of several rights against Atala.

From one point of view, it’s important that the IACHR and the Inter-American Court considered some violations like discrimination, interference in privacy, equality, liberty to be heard (Articles 1, 19, 11, 17, 24 of the American Convention) that were not enforced in this case. Atala is a free woman, and her decisions should be respected. She shouldn’t be judged and isolated just because of her sexual tendency and lesbianism. She should have access to exercise any rights just as any other human being. On the other side, it is true that the State has taken the wrong actions in order to handle this case and the interference in the personal life of Atala. However, this case also implies and involves her daughters and the influence that Atala and her lesbianism can have in them.

This takes us to analyze the case from a different perspective. The fact that Atala is a lesbian mother can have an impact and effect on her daughters. This means that the IACHR should also consider that her daughters might have to face some violations and actions that can affect their personal life and future as they grow up. All of these shows how there are violations that implicate the importance of this case that has taken years to be approved and investigated. On the other side, this case has led to a controversy and conflict between the local courts rulings against International standards, due to the fact that both of them defend and assist the case differently.

Atala has the right to defend her rights as any other woman. She might be a lesbian but she still knows what it is to be a mother and to have her daughters taken apart from her. Her sexual orientation does have an impact and will influence the life of her daughters, but is should take more than just the State to decide the custody of them. The IACHR and the Court have done the right thing by protecting Karen Atala and by attending her case, but her case goes deeper in. This means that it doesn’t only embraces Atala and violations against her rights, but her daughters also become a big part of this situation. Their role is fundamental into deciding whether Atala should have the custody and care over her daughters or not.

Bibliography:

"Caso Atala Riffo E Hijas Vs. Chile." Video blog post. On Vimeo. Vimeo, 2011. Web. 110 Nov. 2012. <http://vimeo.com/album/1682603>.

"Atala Riffo vs. Chile: La Homosexualidad Entra a Escena En El Sistema Interamericano." Web log post. El Juego De La Suprema Corte. Blog De La Revista Nexos, 10 Apr. 2012. Web. 11 Nov. 2012. <http://eljuegodelacorte.nexos.com.mx/?p=1850>.

Benefits and weaknesses of the procedure of the Inter American Commission of Human Rights

Writer: Paola Carrera H.

"Inter-American system has worked against States during periods of dictatorship, and often in spite of States during periods of democratic transition." Ariel Dulitzky

Within the framework of the Organization of American States (OAS) there have been several efforts to protect democracy and safeguard human rights in the continent. Thus, in article two of its Charter provides that: "the Effective exercise of representative democracy is the basis for the rule of law and of the constitutional Regimes of the member states of the Organization of American States. Representative Democracy is strengthened and deepened by permanent, ethical, and responsible participation of the citizenry within a legal framework conforming to the respective constitutional order", but it does not include the defense or promotion of human rights as part of the Organization's purposes and central goals. Many experts argue that these efforts have not been sufficient and everything that occurs in the organization responds to the interest of the United States rather than all Member States. But we need to consider that the main goal for the OAS is "Democracy for peace, security, and development", and Human Rights protection is linked directly to democracy.

Currently the human rights system is experiencing a crisis. It has been strongly criticized by countries with leftist ideology which holds that urgent reforms are needed, especially regarding to the jurisdiction of the Inter-American Commission on Human Rights (IACHR) and the Court. However, the system has benefits and strengths that have helped the development and promotion of human rights. The IACHR is able to receive individual petitions and resolve them through friendly settlements and other mechanisms, the on-site visits help to observe human rights in an specific country or investigate particular issues, and the thematic or country reports which is an important tool to monitor and analyze the situation of human rights in State Members. As we can noticed, the IACHR counts on many tools that have been successful, including the individual complaints mechanism that allows citizens from State Members; the preparation and publication of reports is a way to be aware of counties situation; adopting precautionary measures help to save guard individuals whose rights are threatened; friendly solutions and jurisdiction on reparation are important tools to resolve future cases.

Unfortunately there are many aspects that are an obstacle for the efficiency of the Inter American Human Rights System and the Commission's and Court's work. There are three main instruments to protect human rights: OAS Charter, Declaration of Rights and Duties of the Man (it is just a declaration), and the American Convention of Human Rights, among other conventions for the protection of specific rights. The system is inequitable because several countries depend on the legally binding provisions of the Conventions, while others just depend on the Declaration. The system financing is another negative aspect, less than 10% of the total budget of the OAS is allocated for the Commission. Therefore, they have been forced to look for external support and voluntary contributions. In addition, the system is very slow, the process to determine the admissibility of a complaint, adopt a decision, and reach a friendly settlement, can take years. Furthermore, once a decision has been taken, countries do not fulfilled in most of the cases. The situation with friendly agreements is very similar, they are partially or never complied. The Court situation is not far from this reality.

In order to have a more efficient system in the continent is very important to link democracy and human rights protection, contemplated in the OAS Charter. There is an interesting article written by Ariel Dulitzky in which he suggests that the Commission should only act as an organ of admissibility and facilitator of friendly solutions, and on political and promotional activities regarding human rights, and the Court as a tribunal that carries out findings of fact and makes legal determinations. He propose a way to strengthen the system to be more efficient.

VIDEO: http://www.youtube.com/watch?v=DZFhoKbsfiA

Friday, October 26, 2012

Ecuadorian foreign policy and Human Rights

Writer: Valentina Jaramillo

Image

The Ecuadorian government has a humanist vision of international relations, hence the operation of international law and human rights like the basis of peaceful coexistence between states, and multilateral ism. This means the actions of the international community based on peace and sustainable development.

The current policy of President Rafael Correa has held that there must be a proper planning in the field of international politics, or that it is essential to give coherence to the management in the same area. The new foreign policy, proposes different courses based on human rights issues and democracy. It believes that these actions are based on the values preserved in the Constitution (Articles 1, 4 and 16,). The Constitution indicates the importance and highest duty of the State to respect and ensure respect for human rights. Ecuador's external action should promote the development of international institutions to promote and enforce intellectual property rights. Also, it is important to internally implement mechanisms to punish those who are responsible for rape and other violations.

The Government emphasizes the need to update the National Human Rights Plan adopted ten years ago. Therefore, it proposes to hold a national conference on the subject that harmonizes with Planex Plan 2020 which is the current government's Development Plan. This plan of the National Foreign Policy 2007-2010, and the Foreign Ministry intends to contribute and reduce the social debt is Ecuador and achieve the goals to induce human development, which has been raised by the Government. Regarding the shortcomings of Ecuador in human rights, Hernan Salgado, a judge of the Supreme Court of Justice, said that while the country has served sentences of international courts, in some cases of human rights violations, for example, missing and extrajudicial executions. This reflects the actions required by the rule of law of repetition and the collection of compensation to those responsible for human rights crimes. A proper planning will allow us to strengthen bilateral relations with the countries identified as priorities. This will also give us participation at the multilateral level will help by being part of a proactive- international agenda and democratization of multilateral institutions like the United Nations (UN), the OAS, the Council of Human Rights and other international organizations. The Ecumenical Human Rights Commission, probably the most prestigious organization in the country of human rights, argues that it is important to fight against impunity for war crimes and systematic violations of human rights. Therefore, it promotes a renewed action through initiatives for stopping violations and impunity that prevails in the world today.

In conclusion, Chancellery feature has strengthen their vocation in the community service, to serve our national population and to reflect in Ecuador a country that promotes peace, labor and welfare. Our foreign policy is aimed at contribute to an international order more equitable and democratic and to participate actively in the efforts of the Ecuadorian government in order to build a homeland dignified and sovereign that defends human rights.

More information: www.mmrree.gob.ec/ministerio/constituciones/2008.pdf