Europe

UK Supreme Court to Rule on Abortion Ban in Northern Ireland

By Jenilyn Brhel
Impunity Watch Reporter, Europe

LONDON, England – Activists in Northern Ireland are urging lawmakers in the United Kingdom to overturn the current restrictions on abortion in the country.

A Protestor at a Rally in Belfast. Photo Courtesy of Charles McQuillan. 

In June, the Northern Ireland Human Rights Council (NIHRC) was unsuccessful in its efforts to convince judges that the rights of sexual assault victims and women with fatal fetal abnormalities were being violated.

The Supreme Court of the United Kingdom will hear evidence from the United Nations Human Rights Committee beginning on Tuesday, November 7th. The hearing is scheduled to last three days and end with a vote. The Supreme Court in London is the final court of appeal. Ireland will hold a referendum in 2018 regarding its strict abortion laws.

Criminalization of abortion began in 1861 with the passage of the Offences against the Person Act. Abortion is currently still illegal in Northern Ireland, but a provision was added in 1945 that allows for termination of a pregnancy if there is a threat to the life of the mother. Those who break the law face life imprisonment.

Human rights activists believe that the strict laws strip women of their fundamental human rights. Nathalie Lieven, lead counsel for the NIHRC said that “The impact of the criminal law in Northern Ireland does amount to inhuman and degrading treatment by the state.”

In 2016, the legislature voted against allowing abortions in cases of rape, incest or fetal abnormality.

Ms. Lieven says that the laws cause “trauma and humiliation” and criminalize those who are already in “exceptionally vulnerable position(s).”

The NIHRC has provided testimony from women who have been denied abortion to bolster their case. Ashleigh Topley was four-and-a-half months into her pregnancy in 2013 when she was told by doctors that her baby’s limbs were not growing and that the baby would die. Ms. Topley was forbidden from terminating the pregnancy. Her baby girl’s heart stopped when she went into labor after thirty-five weeks.

A poll conducted by Amnesty International found that the majority of citizens favor a woman’s choice to terminate a pregnancy given certain factors. 85% of citizens in Northern Ireland would support the choice for abortion if the pregnancy is the result of rape, 81% if there is a diagnosis of fetal abnormality and 89% if a woman’s health is at risk.

Colm O’Groman, Executive Director of Amnesty International in Ireland, stated that the public shows strong support for “women making their own decisions about their pregnancies.” He points to the poll as evidence that the issue is not as divisive as the media portrays it.

“Public support varies on the precise gestational limits but it remains solidly behind women making their own decisions about their pregnancies,” said O’Groman.

Litigation regarding the law was initiated by NIHRC is 2014 and has been ongoing ever since.

For more information, please see:

The Guardian – Supreme Court to Hear Challenge to Northern Ireland Abortion law – 23 October 2017

BBC News – Abortion Laws ‘Punish Sex-Crime Victims’ – 26 October 2017

Reuters – UK Supreme Court Hears Attempt to Change Northern Ireland Abortion law – 24 October 2017

The Washington Post – Rights Group Challenges N Ireland Abortion ban at top Court – 24 October 2017

Poland Opposes Visit by White Supremacist Richard Spencer

By Jenilyn Brhel
Impunity Watch Reporter, Europe

WARSAW, Poland – Richard Spencer, the American white nationalist, is not welcome in Poland.

Richard Spencer. Photo Courtesy of David J. Phillip.

The Polish government has issued statements condemning Spencer’s views as a threat to democracy and objecting to his upcoming visit to Warsaw. Foreign minister Witold Waszczykowski stated that Spencer should not appear publicly in Poland, describing him as someone who “defames what happened during World War II, defames the Holocaust.”

Spencer is the white supremacist who organized the Charlottesville, Virginia rally that killed a counter-protestor in August after the rally turned violent. He has since held other rallies and is looking to expand his message to Europe.

He was invited by several far-right Polish organizations to speak at a conference in Warsaw that took place on November 10th. The National Social Congress announced that Spencer would speak at a panel discussion during its “Europe of Future” meeting. The annual conference is organized by the far-right to celebrate Polish Independence Day. In past years, marches held on November 11th by far-right extremists were some of the largest extremist gatherings in Europe.

Spencer’s followers consist of members of the Ku Klux Klan, neo-Nazis and white supremacists. They support his condemnation of diversity and embrace his far-right ideologies including nationalism, racism and anti-Semitism. Studies show that anti-Semitism and xenophobia is on the rise in Poland, which will likely help Spencer draw an audience there.

The government had been pressured to prevent Spencer from speaking at the event. “Spencer’s views strike not only the Jewish community or other minority groups. The hatred that Spencer and his followers proclaim is a threat to all who are close to the values of human rights and democracy,” said Agnieszka Markiewicz, director of the American Jewish Committee’s Central European office.

When the Polish Border Guard was contracted regarding the issue, a spokeswoman declined to divulge any information, citing privacy regulations. Spencer did not end up attending.

In 2014, Hungary Spencer’s think tank, the National Policy Institute, was prevented from holding a conference. When Spencer defied the ban, he was arrested, deported and banned from entering Europe’s 26 visa-free countries for three years.

The Polish Foreign Ministry said “As a country which was one of the biggest victims of Nazism, we believe that the ideas promoted by Mr. Spencer and his followers could pose a threat to all those who hold dear the values of human rights and democracy.”

For more information, please see:

The Guardian – Poland to Richard Spencer – Keep Out – 27 October 2017

The New York Times – Poland Objects to Visit by White Nationalist Richard Spencer – 27 October 2017

Newsweek – Richard Spencer is too Racist for Poland’s Right-Wing Government – 27 October 2017

The Washington Times – Poland Opposes Visit From Richard Spencer, White Nationalist and Charlottesville Rally Participant – 27 October 2017

Austria turns far to the right after October election

By: Sara Adams
Impunity Watch News Reporter, Europe

Sebastian Kurz walks through a crowd of supporters. Image courtesy of Sean Gallup.

VIENNA, Austria – After center-right candidate Sebastian Kurz won a surprising victory in the Austrian election, he is now calling for discussion with “alternative right” groups in the country, hoping to give them a voice in the national government.

Mr. Kurz is Austria’s current foreign minister. On October 15th, Austrians voted to give Mr. Kurz’ party, the People’s Party, the power to form the next government. This means that Mr. Kurz is likely to be Austria’s next Chancellor.

The vote reflected a right-wing shift in Austria. The third-place vote-getters were the Freedom Party, a far-right, anti-immigration party with ties to Neo-Nazism.

Mr. Kurz and his party seem to echo the sentiments of the Freedom Party.

During his time as foreign minister, Mr. Kurz was responsible for stopping the flow of refugees into Austria by shutting down borders on the Balkan route. During the campaign, he promised to do the same thing on the Mediterranean route of asylum seekers.

Mr. Kurz’s anti-Muslim sentiment has come out in other policy points. He cited a study that allegedly found that Islamic kindergartens, religious schools permitted under Austrian law, contribute to a “parallel society.”

Yet Mr. Kurz and his party insisted on the campaign trail that shifting to the right is merely an issue of popular viewpoint in Austria.

An anonymous adviser for Mr. Kurz stated that “most European populations don’t want to become half-Afghan or half-Syrian or half-African.” The adviser added that “you have to accept it. If you don’t, we’ll go to the extreme far right.”

Mr. Kurz People’s Party did not gain enough votes in the election to lead the country on their own. In a coalition government, this means that the People’s Party will have to partner with another to achieve its goals.

Mr. Kurz has said that this partner will likely be the Freedom Party.

To back up his choice, Mr. Kurz said that the Freedom Party has shown a “will to bring change in Austria together.”

Austria has been moving consistently further right in the several years since the refugee crisis began.

If the new government is a coalition between two right wing parties, it may lead to even stricter restrictions on refugees fleeing war in the middle east.

Ramazan Demir is an imam and leader of the Islamic Religious Community in Austria. He has expressed concerns over where Austria is going in recent years.

“They did their politics on the backs of Muslims,” Mr. Demir said about the rise of the far-right parties in Austria.

“There’s never been this much Islamophobia in Austria.”

For more information, please see:

BBC News – Austria: Sebastian Kurz opens talks with Freedom Party – 24 October 2017

The Independent – Austria election winner Sebastian Kurz invites far-right Freedom Party to enter government – 24 October 2017

The Washington Post – For Austria’s Muslims, country’s hard-right turn is an ominous sign – 20 October 2017

Wall Street Journal – Austrian Election Winner Sebastian Kurz Prepares for Talks With Far Right – 20 October 2017

NPR – Austria Election: Center-Right Party Head Likely Next Prime Minister – 15 October 2017

Hate Crimes on the Rise in England and Wales

By Jenilyn Brhel
Impunity Watch Reporter, Europe

LONDON, England – Hate crimes are on the rise in the United Kingdom, according to authorities.

Candlelight Vigil Following Manchester Attack. Photo Courtesy of Andrew Testa.

The rise comes following Britain’s vote to leave the European Union in 2016 along with a wave of extremist attacks since then.

Between 2016 and 2017, there were 80,393 reported offenses, compared to 62,518 between 2015 and 2016. This 29 percent rise is the largest since official hate crime figures were published five years ago.

The crimes spiked surrounding significant events such as the European Union referendum, known as “Brexit,” and extremist attacks on the Westminster Bridge, Manchester Arena and the London Bridge.

Last year’s Brexit campaign was supported by many right-wing and nationalist groups. The vote spurred concerns that minorities and immigrants would be susceptible to hate crimes as a result.

Of the crimes reported, approximately 80 percent were based on race, 10 percent on sexual orientation and 7 percent on religion. A number of these crimes were recorded as disability hate crimes and others as motivated by transgender hate.

The rise in figures may partially be attributed to the broadened definition of what constitutes a hate crime. Hate crimes are now categorized if victims of verbal or physical assaults consider them as such. Public awareness and increased reporting may also be a factor, as authorities are also considered better able to record and document such incidents.

Amber Rudd, Home Secretary, said that “no one in Britain should have to suffer violent prejudice, and indications that there was a genuine rise in the number of offenses immediately following each of this year’s terror attacks is undoubtedly concerning.”

Governmental funds are being designated to protect places of worship and support community projects.

Tougher sentences are being handed down by courts dealing with hate crimes. The Crown Prosecution Service published data showing that sentences increased if the crimes were motivated on the grounds of race, religion, sexual orientation, gender identity and disability.

However, the number of cases being prosecuted has dropped from 15,542 between 2015 and 2016 to 14,480 between 2016 and 2017.

“We must continue to encourage all those affected by hate crimes to speak out, and in doing so send a clear message that hate and prejudice can have absolutely no place in modern Britain,” said Mustafa Field, director of the Faiths Forum for London.

For more information, please see:

BBC – Rise in Hate Crime in England and Wales – 17 October 2017

The Guardian – Hate Crime Surged in England and Wales After Terrorist Attacks – 17 October 2017

The New York Times – U.K. Reports Big Rise in Hate Crime, Citing Brexit and Terrorist Attacks – 17 October 2017

The Washington Post – Britain Reports Hate Crimes Spike After Brexit Votes, Attack – 17 October 2017

Violence at Independence Vote in Catalonia Injures Hundreds

By Jenilyn Brhel
Impunity Watch Reporter, Europe

BARCELONA, Spain – Nearly 900 civilians and over 400 police officers were injured in clashes sparked by the Catalan independence referendum on October 1st.

A Police Officer Struggles With a Demonstrator in Spain. Photo Courtesy of Luca Piergiovanni / EPA-EFE / REX/ Shutterstock.

Videos at the scene show police dragging people out of voting stations, throwing them down stairs and kicking them. Rubber bullets were also fired at civilians.

Human Rights Watch, a human rights organization based out of New York, sent a representative to Barcelona to investigate the allegations of police brutality, declaring that the Spanish state “has a duty to protect the rights to peaceful assembly and free expression.”

Government officials in Spain defended the police action and called it proportional to the threat. Force was used under orders from Madrid to shut down voting stations and seize ballot boxes.

Citizens of Catalonia have long harbored a desire for independence from Spain. Catalonia is a region in Spain with its own language and culture. However, Spain’s constitution of 1978 gives the government exclusive power to hold referendums, and it considered the referendum to be unconstitutional.

Spanish Prime Minister Mariano Rajoy had promised to do anything in his power to stop the referendum from taking place. He thanked the police for their “firmness and serenity” in the situation.

Over two million people were able to vote despite the violence. Of those, 90 percent voted for the secession of Catalonia. Many were prevented from casting their votes.

Eyewitnesses report that police were indiscriminate in who they targeted. There were reports of children and elderly people being injured.

“The police didn’t beat just people who were going to vote ‘Yes,” they forced and kicked at everybody, old people included,” said Pau Subira Zirita, a witness.

Violence also ensued between the Catalan regional police and the Civil Guards, a paramilitary force sent in from around Spain.

The Council of Europe’s Commissioner for Human Rights, Nils Muiznieks, urged Spain to conduct “swift, independent and effective” investigations into the conduct of the police and their use of force in the situation.

“I urge you to ensure, in co-operation with other authorities in charge of law enforcement, that swift, independent and effective investigations are carried out into all allegations of police misconduct and disproportionate use of force during the events of 1 October 2017 in Catalonia,” he said.

Anais Franquesa Griso, a human rights lawyer, is working with several organizations, including Human Rights Watch, to collect information from those injured or whose rights were deprived. This information will be reported to international human rights organizations.

For more information, please see:

Aljazeera – Catalan Vote: Claims of Police Brutality Probed – 3 October 2017

Los Angeles Times – Amid Scenes of Chaos and Violence, Catalonia Independence Vote is Projected to Pass Overwhelmingly – 1 October 2017

The Local – Council of Europe Human Rights Chief Urges Spain to Launch Probe Into Police Action in Catalonia – 9 October 2017

The New York Times – Catalonia Leaders Seek to Make Independence Referendum Binding – 2 October 2017

Reuters – Madrid Representative in Catalonia Apologizes for Police Violence During Independence Vote – 6 October 2017