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ICC ruling in case against Dominic Ongwen sets historic precedent on reproductive autonomy by International Criminal Court, agencies The International Criminal Court has today upheld the conviction of Dominic Ongwen, a former commander of the Lord’s Resistance Army, a rebel force that operated in Uganda for decades. In 2021, Ongwen was found guilty of 61 counts of war crimes and crimes against humanity committed in Northern Uganda between 2002 and 2005. This included many sexual and gender-based crimes such as forced marriage and forced pregnancy, neither of which had previously tried at the ICC. The Global Justice Center, Amnesty International, Women’s Initiatives for Gender Justice, and Dr. Rosemary Grey filed an amicus brief on the crime of forced pregnancy in the case in December of 2021. They presented this analysis to the court during appeal hearings in February of this year. In its ruling today, the court affirmed this analysis and found that the legal interest behind the crime of forced pregnancy is “woman’s reproductive health and autonomy and the right to family planning,” and that national abortion laws are irrelevant to the court’s analysis of the crime. Akila Radhakrishnan, President of the Global Justice Center, issued the following statement: “Today’s ruling is a victory not only for the victims of Dominic Ongwen, but for all victims of sexual and gender-based violence that come to the ICC for justice. This is especially true for victims of forced pregnancy, whose human rights are now further protected by the creation of a historic precedent on reproductive autonomy in international law.” Alix Vuillemin, Advocacy Director at Women’s Initiatives for Gender Justice, issued the following statement: “Today, the crime of ‘forced pregnancy’ was recognized by the ICC as the incomparable violence done to women who are raped, forcibly made pregnant, and confined with the intent to keep them pregnant. As we said in the 1990s in pushing for the criminalisation of these acts, with forced pregnancy, the invasion of the body and self is total. Women are being treated as chattel for the purpose of reproduction, which is another form of gender enslavement. Decades later, with this judgment, the ICC has given us sharper tools to advance the recognition, accountability and prevention of this violence.” Matt Cannock, Amnesty International's Center for International Justice, issued the following statement: “The Appeals Chamber's decision will doubtless prove critical for the future of the International Criminal Court's consideration of the crime of forced pregnancy, and it firmly holds the door open to victims of this horrendous crime to access justice before the court and beyond. “In particular we welcome the court's crucial finding, centered around human rights considerations, that the crime of forced pregnancy seeks to protect women’s ‘reproductive health and autonomy and the right to family planning’ - an absence of which can cause severe physical and psychological harms and lasting personal, social and economic consequences.” Dr. Rosemary Grey, Lecturer at Sydney Law School, issued the following statement: “Today, the value of reproductive autonomy was recognised by the International Criminal Court’s highest chamber. The decision affirms that forced pregnancy is among the most serious crimes of international concern, regardless of whether reproductive rights are protected under national law. It’s inspiring — and long overdue — to see the court taking this strong stance on reproductive rights under international law. And inspiring to see the strength of the two women whose evidence supported this historic conviction for forced pregnancy.” http://www.icc-cpi.int/news/ongwen-case-icc-appeals-chamber-confirms-conviction-and-sentencing-decisions http://globaljusticecenter.net/press-center/press-releases http://globaljusticecenter.net/blog/19-publications/1541-amicus-brief-the-prosecutor-v-dominic-ongwen http://www.icc-cpi.int/news/prosecutor-international-criminal-court-icc-karim-aa-khan-kc-publishes-policy-crime-gender Visit the related web page |
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UN rights chief deplores deadly use of force against protestors in Chad by United Nations News Jan. 2023 Two years after coup, Myanmar faces unimaginable regression in human rights, says UN Human Rights Chief. Two years after the Myanmar military launched a coup against the democratically-elected government, the country has sunk deeper than ever into crisis and has undergone a wholesale regression in human rights, says UN Human Rights Chief Volker Turk. “By nearly every feasible measurement, and in every area of human rights – economic, social and cultural, as much as civil and political – Myanmar has profoundly regressed,” he said, reflecting on the spiralling crisis since the attempted coup of 1 February 2021. “Despite clear legal obligations for the military to protect civilians in the conduct of hostilities, there has been consistent disregard for the related rules of international law. Far from being spared, civilians have been the actual targets of attacks – victims of targeted and indiscriminate artillery barrages and air strikes, extrajudicial executions, the use of torture, and the burning of whole villages.” “At this somber time, I want to acknowledge the courage of all those whose lives have been lost in the struggle for freedom and dignity in Myanmar, and the continuing pain and suffering of their families and loved ones.” According to credible sources at least 2,890 people have died at the hands of the military and others working with them, of whom at least 767 were initially taken into custody. This is almost certainly an underestimation of the number of civilians killed as a result of military action. A further 1.2 million people have been internally displaced, and over 70,000 have left the country - joining over one million others, including the bulk of the country’s Rohingya Muslim population, who fled sustained persecution and attacks over the past decades. Credible information indicates that over 34,000 civilian structures, including homes, clinics, schools and places of worship, have been burned over the past two years. Myanmar’s economy has collapsed with nearly half of the population now living below the poverty line. Since the coup was launched, the military has imprisoned the democratically elected leadership of the country and, in subsequent months, detained over 16,000 others – most of whom face specious charges in military-controlled courts, in flagrant breach of due process and fair trial rights, linked to their refusal to accept the military’s actions. “There must be a way out of this catastrophic situation, which sees only deepening human suffering and rights violations on a daily basis,” said Turk. “Regional leaders, who engaged the military leadership through ASEAN, agreed a Five-Point Consensus that Myanmar’s generals have treated with disdain.” “Two of the critical conditions that were agreed - to cease all violence and to allow humanitarian access - have not been met. In fact, we have seen the opposite. Violence has spiralled out of control and humanitarian access has been severely restricted.” The High Commissioner pointed to other measures that would be crucial to a political foundation for resolving the crisis: the release of all political prisoners, including State Counsellor Aung San Suu Kyi and President U Win Myint, as called for by the UN Security Council; inclusive dialogue with all parties -- involving both the ASEAN Chair and the UN Special Envoy; and allowing the UN Human Rights Office meaningful access to the country to monitor the situation independently and impartially. “Restoring respect for human rights is a key to ending this crisis, to end this situation where Myanmar’s generals are trying to prop up through brute force a decades-old system in which they answer to no-one but themselves,” said Turk. “Those responsible for the daily attacks against civilians and the human rights violations must be held accountable. The military needs to be brought under real, effective civilian oversight. This will be difficult to achieve, but these elements are critical to restoring any semblance of democratic rule, security and stability to the country.” In its first year of independence, Myanmar was among the first Member States of the United Nations to vote in favour of the Universal Declaration of Human Rights. Sadly, as we mark 75 years since the Declaration’s adoption, the military is actively engaged in violating its fundamental values, principles and rights enshrined in it,” the High Commissioner said. “How can a military that purports to defend the country have brought their own people – from all parts of Myanmar’s rich and diverse society – to such a point of desperation?” “Last month, the Security Council united to adopt a path-breaking resolution that demanded an immediate end to the violence, among other urgent steps. Now it is time for the world to come together to take common actions to stop the killing, protect the people of Myanmar, and ensure respect for their universal human rights.” http://reliefweb.int/report/myanmar/two-years-after-coup-myanmar-faces-unimaginable-regression-says-un-human-rights-chief http://reliefweb.int/report/myanmar/myanmar-humanitarian-response-plan-2023-january-2023 21 Oct. 2022 UN rights chief deplores deadly use of force against protestors in Chad. The UN human rights office, OHCHR, on Friday appealed for calm and restraint in Chad following a deadly crackdown on anti-government protests Human Rights High Commissioner Volker Turk deplored the deadly use of force against demonstrators, including killings by live ammunition. Thousands took to the streets in the capital, N’Djamena, and other cities on Thursday, to protest the 24-month extension of the transition to civilian rule. At least 50 people were killed and some 300 were injured by security forces. The protests erupted on the day the military were due to hand over power. “Our Office calls for calm and for all sides to show restraint,” said OHCHR Spokesperson Ravina Shamdasani. Reports indicate that at least 500 people were arrested. OHCHR has called for all persons detained for exercising their rights to peaceful assembly to be promptly released. Political transition to civilian rule delayed Chad has faced a political crisis since longtime President and military ruler Idriss Deby died in April 2021. The military installed his son, Mahamat Idriss Deby, who was supposed to step down on Thursday, but says he will rule for another two years. Ms. Shamdasani said OHCHR’s Chad Office received information from sources that several hundred protesters, mostly young people, started demonstrating in N´Djamena early on Thursday. Internal security forces used tear gas and fired live ammunition to disperse the protestors. OHCHR reminded the Chadian authorities of their obligation to protect and respect human rights, including the right to life, and to ensure that citizens can exercise their rights to peaceful assembly as well as freedom of opinion and expression. “Defence and security forces must refrain from the use of force against peaceful protesters and ensure that force is not used unless strictly necessary and, if so, in full compliance with the principles of legality, precaution, and proportionality,” said Ms. Shamdasani. OHCHR also urged the authorities to conduct impartial, prompt and effective investigations into any human rights violations that may have occurred, “including the apparent use of unnecessary or disproportionate force to disperse protests.” Devastating flooding The crisis is occurring as Chad faces flooding affecting one million people. The heavy rains began in July, and 18 out of 23 provinces have been impacted. Several neighborhoods in the capital are entirely submerged, and people have been forced to flee their homes, UN Spokesperson Stephane Dujarric said on Thursday. He added that some 465,000 hectares of agricultural land have been destroyed, which could further aggravate the already critical food insecurity situation in the country. The UN and humanitarian partners have so far delivered food, medicine, tents, mosquito nets, solar lamps and other items to some 200,000 people. “The humanitarian community and Government’s joint flood response plan seeks nearly $70 million to reach 800,000 people, but so far it received only 25 per cent of the funding it needs,” said Mr. Dujarric. The partners are ramping up efforts to mobilize resources to reach more people. * Chad is a landlocked Sahelian country in central Africa, with one of the highest levels of hunger in the world - 42 percent of its population live below the poverty line. The people in Chad are among the most affected by the global climate breakdown. Over 37 percent of children aged under 5 suffer from stunting, according to the Global Nutrition Report, with low height for their age caused by chronic malnutrition (WFP). http://www.ohchr.org/en/press-briefing-notes/2022/10/authorities-respond-violently-protests http://news.un.org/en/story/2022/10/1129772 http://www.wfp.org/countries/chad Visit the related web page |
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