Friday, January 30, 2015

RIGHTS NOW - ABA Center for Human Rights - December 2014



RIGHTS NOW / December 2014


American Bar Association / Washington, DC




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Chair’s Message / Deborah Enix-Ross

As 2014 draws to a close, it’s natural to reflect upon the year’s events, both personal and
professional, and look ahead to the promise of a new year. For human rights lawyers
and advocates, 2014 was momentous, with historic gains in, for example, marriage
equality; yet we also saw new levels of horrific mass violence. Indeed, hard-won
progress in human rights advocacy often seems incremental, even imperceptible, while
jarring setbacks can make the whole enterprise seem futile. As we embark on 2015, we
choose again to keep at it — to confront human darkness with ultimate faith in what
Lincoln called “the better angels of our nature.” With that faith in mind, my colleagues
and I at the ABA Center for Human Rights wish you and yours a happy and restorative
holiday season. – DER

Justice Defenders Program Victorious in African Human Rights Court
Lohé Issa Konaté is a journalist who was jailed and fined under Burkina Faso’s criminal
defamation laws for alleging corruption by a public prosecutor. With the pro bono
assistance of Covington & Burling, CHR’s Justice Defenders Program and regional and
international organizations filed a brief as amici curiae in the African Court on Human
and People’s Rights. On December 5, 2014, the Court held unanimously that any
custodial sentence relating to defamation is inconsistent with the African Charter on
Human and Peoples’ Rights and the International Covenant on Civil and Political Rights,
and referenced the amici’s assertion that such laws are an “obstacle to efforts aimed at
ensuring accountability and transparency of government action.” The Konaté ruling is
binding on African Union member states and an historic step toward securing freedom
of speech across the continent. (For more information, contact Ginna Anderson, CHR
Senior Counsel, at ginna.anderson@americanbar.org.)

ABA-ICC Project Hosts Event at ICC Assembly of States Parties in New York
On Dec. 11, 2014, the Center’s ABA-ICC Project and the Council on Foreign Relations
(CFR) co-sponsored an event entitled, 
"Prosecuting Sexual and Gender-Based Violence: New Directions in International Criminal Justice," 
featuring ICC Prosecutor Fatou Bensouda and Amb. David Scheffer, the UN Secretary-General’s Special Expert on UN Assistance to the Khmer Rouge Trials and former U.S. Ambassador at-large for War
Crimes Issues. They examined how policymakers can better combat sexual and genderbased
violence in conflict, including through the promotion of international criminal
justice.

ICC President, Colleagues Examine Criminal Justice and Human Rights
On Dec. 10, 2014, the International Criminal Justice Consortium (of which the ABA is a
founding member), the Kingdom of the Netherlands, and the Municipality of The Hague,
International City of Peace & Justice, co-sponsored an event in New York City examining
the importance of international criminal justice to advancing human rights. The event
featured keynote remarks by Judge Sang-Hyun Song (South Korea), President of the
International Criminal Court, who emphasized the potential deterrent effect of
international criminal justice to future mass human rights abuses; the right to justice for
victims of these crimes; and, to secure both, the need for a swift and effective criminal
justice system. Song then joined a panel discussion on how to make atrocity
accountability more effective and efficient in multiple types of jurisdictions. His copanelists
were Hon. Patricia Whalen (USA), Special advisor to and former international
judge of the War Crimes Chamber at the Court of Bosnia and Herzegovina; Brahmy
Poologasingham (Sri Lanka), Director of Advancement & Counsel, Eastern Congo
Initiative; Matevz Pezdirc (Slovenia), Head of EU Genocide Network Secretariat,
Eurojust; and Linda Carter (USA) (moderator), Distinguished Professor of Law at the
University of the Pacific McGeorge School of Law and Director of Pacific McGeorge
Institute for Legal Infrastructure and International Justice. The Center’s ABA-ICC Project
helped organize the event.

ABA President Addresses Judicial Independence in Timor-Leste
Earlier this month, President William C. Hubbard noted with concern that Timor-Leste
had ordered the termination of all international judicial personnel and advisors working
in the Timor-Leste judicial sector. The ABA supports the call of Gabriela Knaul, the
United Nations Special Rapporteur on the Independence of Judges and Lawyers, that
Timor-Leste officials initiate a dialogue with relevant partners to address the situation
and map an appropriate way forward in compliance with Timor-Leste’s constitutional
and international human rights obligations. (Read full statement)

ABA Establishes International Human Rights Award
In November the ABA Board of Governors approved the establishment of an ABA
International Human Rights Award. The annual award will honor an entity or individual
who has made a special contribution in the area of human rights outside the United
States. Nominees will be vetted, and awardees, selected, by a joint committee
comprised of representatives of the Center for Human Rights, the Section of
International Law, the Section of Individual Rights and Responsibilities, and the Rule of
Law Initiative. (Note that the ABA honors domestic human rights advocacy with the
Thurgood Marshall Award, among others.)

Massimino to Keynote CHR Luncheon at ABA Midyear Meeting in Houston
Elisa Massimino, President and CEO of Human Rights First (HRF), will deliver the keynote
remarks at the Center’s Human Rights Luncheon, at the ABA Midyear Meeting in
Houston, Texas, on February 9, 2015. Held annually at the Midyear Meetings, the
luncheon welcomes more than 100 ABA leaders, members, and guests to learn more
about the Center’s work and that of another prominent leader in the field. Among the
topics Massimino will address are U.S. immigration policy and HRF’s related decision to
open a Houston office.

CHR, IBA, AU Law to Host Joint Conference on Business and Human Rights
On April 23-24, 2015, the ABA Center for Human Rights, the International Bar
Association-North America, and the Center for Human Rights and Humanitarian Law of
the American University Washington College of Law, will co-host a conference on
“Business and Human Rights: The State of the Art.” The conference will feature leaders
from business, government, and civil society examining current trends and recurring
challenges associated with the responsibility of business enterprises to respect human
rights, as set forth in the UN Guiding Principles on Business and Human Rights; and offer
a half-day of expert-led training on integrating human rights into business operations
and practices.

CHR to Examine Legal Obligations & Obstacles to Atrocity Prevention
In response to recent mass atrocities and pursuant to ABA policy urging rapid and
effective responses to them, the Center is developing a white paper examining the legal
obligations and obstacles to humanitarian intervention. The paper will be the first
product of the Center’s Atrocity Prevention and Response and Advisory Group and will
contribute to a multidisciplinary analysis being conducted by the Council on Foreign
Relations.

“As secretary of state, I saw the contribution that the ABA
makes around the world. The search for justice drives people
to stand up against dictatorship, corruption, and
oppression. Rule of the law is the most powerful tool in
human history to deliver this justice.”
— Hillary Rodham Clinton

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Fund for Justice and Education, relies on your tax-deductible
support to carry out its work! Contributions in any amount
are welcome and may be made via the red DONATE link or
the CHR website (www.americanbar.org/humanrights).
Thank you.
RIGHTS WIN.
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_____________________
ABA Center for Human Rights
1050 Connecticut Avenue, NW / Fourth Floor / Washington, DC 20036
Tel.: 202.662.1025 / Email: humanrights@americanbar.org

Web: www.americanbar.org/humanrights

ABA Center for Human Rights’ Justice Defenders Program Fights for “SwaziJustice”












The ABA Center for Human Rights defends human rights advocates from harassment.  We take down legal barriers to advocacy, mobilize the global legal community, and hold governments accountable for restricting human rights activities. Our Justice Defenders program enables advocates to work freely.
  • Who:  Anyone who advocates for the protection of human rights, including attorneys, journalists, labor leaders and environmental activists, and is the subject of retaliation for his/her efforts, may request assistance. 
  • What:  We provide a range of assistance, including litigation advice, legal research and drafting, trial observation, or advocacy campaigns. We identify experienced attorneys with relevant regional and linguistic expertise to support local counsel.  We provide assistance in a range of circumstances, including helping defenders charged with crimes in retaliation for their advocacy efforts or organizations that are not allowed to register. 
  • When:  We can provide assistance at any stage of the legal proceedings, whether during the trial or appeal.  We also conduct advocacy campaigns on behalf of those whose trial is complete.
  • Where:  The program is active around the world.  We help with litigation in national courts and in regional human rights courts.
  • Why:  The Center for Human Rights is committed to promoting the just rule of law around the world.  Without human rights defenders to hold governments and non-state actors accountable for violations, the rule of law cannot prevail.  The Center’s Justice Defenders Program supports the work of human rights defenders by advocating for their fundamental rights, including access to justice, fair trial standards, and respect for freedom of association and expression. 

For updates on the Justice Defenders activities, please review the ABA Justice Defenders 2014 Program Update. One of our current advocacy campaign focuses on the detention and prosecution of a prominent human rights attorney Thulani Maseko and journalist Bheki Makhubu in Swaziland. Below is an article reproduced with permission from the ABA Center for Human Rights, which is available at: http://www.swazijustice.org/.

Two Years in Jail for Criticizing Top Swaziland Judges

October 14, 2014 
 
On the morning of Friday, July 25, 2014, prominent human rights attorney Thulani Maseko and journalist Bheki Makhubu received harsh two-year prison sentences, handed down by Judge Mpendulo Simelane in Swaziland. Maseko, a decorated human rights activist and lawyer, and Makhubu, a prominent editor and journalist, have been repeatedly detained for publishing articles that lamented continued threats to judicial independence in Africa’s last absolute monarchy.  In the articles at issue, the two criticized the prosecution of a government vehicle inspector who was arrested after he impounded a vehicle used by a top judge and associate of King Mswati III. In the sentencing, Judge Simelane stated in court that the accused were a “disgrace” and that the harsh sentences were premised on the assumption that the two were plotting “regime change” in Swaziland.

Over the course of the past several months, there have been widespread and repeated concerns about the fairness of the court proceedings, which many critics say have not met basic international standards. In particular, the “contempt of court” charge in Swaziland typically carries no custodial sentence, leaving many to conclude that the court case has deeper political motivations.

On June 12, 2014, a group of four United Nations Special Rapporteurs criticized the court’s decision, saying: “We condemn the repeated arrests, detention and trial of Mr. Maseko and Mr. Makhubu and are concerned that these may be directly related to their legitimate exercise of the right to freedom of expression,” noting that the Constitution of the Kingdom of Swaziland recognizes the rights to freedom of expression and the right to a fair trial.

Human rights organizations have expressed their concern that Swaziland is not adhering to basic international standards or their own constitution.  Freedom of expression is a fundamental human right, guaranteed in Article 24 of the Constitution of Swaziland (2005) and in the major international human rights treaties to which Swaziland is a party, including Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 9 of the African Charter on Human and Peoples’ Rights (African Charter). Mr. Maseko and Mr. Makhubu have the right under both the Constitution of Swaziland and well-established international law to publish their opinions concerning the administration of justice in Swaziland.

Also of grave and ongoing concern are the fundamental rights of Mr. Maseko and Mr. Makhubu to be arraigned and tried before an impartial tribunal. Article 14 of the ICCPR states that “[i]n the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.” Similarly, Article 7 of the African Charter guarantees the right to be tried “by an impartial court or tribunal.”


Take action now by clicking here!

UPDATE: The Supreme Court of Swaziland refused to set a date to hear the substantive appeal of Maseko and Makhubu’s release during its most recent session.  Now the men must wait until the court’s next session in the Spring of 2015 for the appeal of their convictions and sentences. 
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The mission of the ABA Center for Human Rights is to develop educational programs in the field of human rights; promote a greater understanding of and belief in the importance of human rights; collaborate with other ABA entities in the development and encouragement of human rights efforts, activities and programs; and assist in the development of appropriate ABA polices on human rights issues.


Tuesday, September 16, 2014

Attend the Fall Leadership Summit in Washington, DC!!

Hey First Circuit!

Do you know about the Fall Leadership Summit?



It is an excellent opportunity to get more involved with the ABA Law Student Division, meet students from other law schools, take in the nations capitol, and network (of course!!)

Here are the quick facts:

Who: 1st - 2nd - 3rd - 11th Circuits

What: Fall Leadership Summit

Where: Washington, DC

University of the District of Columbia
David A. Clarke School of Law
4340 Connecticut Avenue, NW
Building 52
Washington, DC 20008

When: October 3rd & 4th

Find out more information and make travel plans here

REGISTER HERE!

Thursday, August 28, 2014

ABA Annual CLE Recap: Dealing with Compassion Fatigue

What is Compassion Fatigue?Compassion Fatigue is the cost of caring for others in emotional or physical pain, together with a desire to alleviate it. In other words, you can’t seem to care, but you believe in the work you do. It results in a loss of capacity for, or interest in being empathetic with other’s pain. Compassion fatigue can be both, emotionally and professionally devastating. Not realizing an individual is suffering from compassion fatigue prevents positive coping, which is concerning because it can lead to greater issues. Due to the fact that lawyers lead the nation with the highest incidence of depression, it is important that individuals learn to be aware of and how to deal with compassion fatigue.

One of the causes for compassion fatigue is the attorney-client relationship. Working on serious and traumatic or emotional cases that attorneys cannot speak to others about can take a toll on a legal practitioner.
 The Signs and Symptoms:They symptoms of compassion fatigue resemble a milder form of Post-Traumatic Stress Disorder (“PTSD”). For example, there may be persistent avoidance, exaggerated response, trouble sleeping, or flashbacks. There are also four signs and symptoms of compassion fatigue:
1.     Physical (accident prone, headaches, sleep, susceptibility to infection)
2.     Emotional (irritability, depression, apathy, desire to leave practice)
3.     Social (callousness, indifference, avoidance, isolation)
4.     Intellectual (poor judgment, disordered thinking, short attention span, forgetful)

Other risk factors that may lead to compassion fatigues are:
·       Your personal life (i.e. you are a parent and so is your client; your personal life experiences; you have suffered a trauma)


·       Work- related (i.e. your socio-economic status)


·       System Issues (you are over-worked; perceived to have no vulnerabilities)

The Lawyer Culture IssueThe perception lawyers having no vulnerabilities is known as the “Lawyer Culture Issue.” This issue is far more pronounced in New England than in other regions. With studies showing a large spike in alcoholism and depression just after the first year of law school, it is important to get lawyers to recognize their weaknesses and seek help.

How to Deal with Compassion FatigueEveryone manages stress differently and must do whatever helps him or her maintain the care and drive for the work he or she does. During the CLE, a worksheet was handed out titled “Rewards of Your Work” which listed the following questions:
·       Make a list of the rewards of your work.
·       Have you grown and changed in a positive way?
·       What have you learned?
·       What has moved you?
·       What strengths do you bring to this work?
·       Have you made a difference to others?
·       What successes have you and your clients shared?
·       What has made you laugh?
 Reviewing this set of questions allows one to remember why they are in the field of work they do and reminds them of their success. As the attorney-client agreement can take a toll on legal practitioners, it is important to find a way to manage the stress of it, whether it be by having a mentor you can speak to, or unplugging for a bit, in order to deal with compassion fatigue.


By: Sheevani Patel, New England Law
Lt. Governor Mental Health and Wellness

Perspectives: ABA Annual CLE: Bullyproof: The Impact of Bias and How it Leads to Bullying

Bullying isn’t something that only happens in school. It isn’t only about being thrown into lockers, getting name-called, or getting a swirly in the 3rd floor bathroom between classes. Well, maybe that was the case in middle school, but as we get older, bullying takes on a different form (i.e. discrimination based on sex, race, gender, age, appearance).

If you’re thinking that you’ve never been one of those type of bullies, what you don’t know is that you may be a bully and don’t even know it. Microaggressions are the everyday insults or demeaning messages sent to women or minorities by people with good intentions. For example, asking Asian people how long they have been in the country for; or mistaking a woman in court as a court reporter. Although the intentions are good, these micoaggressions can still have mental health implications, such as depression and anxiety, or trouble in the workplace with productivity and focus.

One of the panelists threw out a term called “presumed incompetence.” Presumed incompetence is the perception of women or people of color to be less competent than the white man, which leads to questioning the credibility of that individual. He or she is presumed to only be in their position because of affirmative action or a quota. An example of this would be when a freshman Congressman mistakenly identified to senior government officials as foreigners. When speaking to them, he repeatedly mentioned “your country,” as in India, to them.

This happens due to “implicit bias,” attitudes or behaviors that affect our understanding without our knowing; it is completely unconscious. It manifests itself through in-group interaction, also known as “bullying with positivity.” This happens because people relate to those that are more like themselves.

The good news is that implicit bias can be broken if it is treated like a habit. It is culture and society that makes us develop stereotypes early in our childhoods. By taking an active role in outlining and acknowledging different types of biases in an effort to promote an anti-bias environment, the habit can be broken.

Schools in Massachusetts have all school faculty be educated in bullying. Further, the American Bar Association also had a resolution regarding the promotion of anti-bias behavior. Of course, the solution is not a completely flawless one. Schools may enforce an anti-bias standard, however children are influenced greatly by friendships and family also. Also, awareness of one’s surroundings can also lead to a change in perception.

Personally, I don’t know if I would categorize microagressions and implicit biases as a subconscious form of bullying. I think it has a lot to do with ignorance. An individual’s intentions are good, but they lack the means to effectively portray that. The United States is a melting pot consisting of people from all different places and all different walks of life. I think it is alright for a person to speak out of ignorance, so long as they do it with the best intentions and is corrected afterwards. I believe by categorizing even the miniscule biases is going to create more exclusivity. How can one achieve absolute inclusion when there is a list of the different types of biases categorizing us by how we’re different?

By: Sheevani Patel, New England Law
Lt. Governor Mental Health & Wellness

ABA Annual CLE Recap: We’re Only Human: How Implicit Bias Affects Judges Who Believe They Are Bias-Free

We’re Only Human: How Implicit Bias Affects Judges Who Believe They Are Bias-Free
Thursday, August 7, 2014

Judge Bernice Donald led this session on implicit biases and how to overcome them. Designed for judges, the session covered extensive research on the existence of implicit biases -- whether against racial minorities, women, or other groups -- and their pervasive effect on judges, jurors, and society at large. Judge Donald ran through a slideshow prepared by Judge Mark Bennett (who had planned to lead the session but could not make it), and she added several anecdotes from her own time as the first African-American, female judge in Tennessee.

The research implicates just about everyone, regardless of race or gender. To reveal the crowd’s own biases, Judge Donald started with a riddle that was familiar to many: A father and son were in a horrible car crash. The father died at the scene. Rescuers rushed the son to a hospital, and just as he entered surgery, the doctor stopped the procedure, explaining, “I cannot operate on him -- that boy is my son!” How could this be?

In studies, respondents often started by saying the doctor must be the son’s stepfather, or perhaps a gay, second dad. Correct answer: the doctor was the boy’s mother. When people hear “doctor” or “surgeon,” they usually don’t think of a woman. (For more on this riddle, see BU Today.) Judge Donald shared a similar experience. She once introduced herself to a person at an event who wanted to meet “Judge Bernice Donald.” The person was baffled. “You’re Bernice Donald? You don’t look the way I expected you to.”

One major goal of the session was to encourage and inform judges on preventing implicit biases from infecting their courtrooms. Judge Donald shared Judge Bennett’s jury instructions that he uses in all criminal and civil trials to counter implicit biases. He tells the jurors that we all have “hidden feelings, perceptions, fears and stereotypes in our subconscious,” and these impact our perceptions. Simply by considering these biases, we can rid them of their power.

A judge from Iowa and other attendees shared their own instructions to alert jurors to their potential, unknown prejudices. Judge Donald noted that jurors are more likely to overcome their biases when they are part of a diverse group, and the same holds true when hiring clerks or other employees.


The session was collaborative and fostered effective dialogue. While much room for improvement remains in combatting implicit biases, Judge Donald and the other participants were generally optimistic. Simply by spreading the word on implicit biases, we can prevent them from distorting the judicial process.

By: James McClure
Lt. Governor of Public Interest