News

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

Spanish Tourist Killed by Brazilian Police Officer in Rio de Janeiro

By: Fernando Oliveira
Impunity Watch Reporter, South America

RIO DE JANEIRO, Brazil – On October 23, 2017, at about 9:30pm, Maria Esperanza Jimenez, a 67 years old Spanish tourist who was doing a guided tour into a favela named Rocinha, in the Southern Zone of Rio de Janeiro city, was shot down by a police officer.

Shot that reached the victim`s neck. Courtesy by Globo TV.

The victim was in a Fiat Freemont along with four other passengers – her brother, her sister in law, a Brazilian guide, Rosângela Cunha, and an Italian driver rooted in Brazil, Carlos Zanineta, when they failed to stop on a police blockade at a slum area called Largo do Boiadero.

According to the preliminary investigations, Lieutenant Davi dos Santos Ribeiro fired his rifle against the car soon after it failed to stop at the road blockade. To Valéria Aragão, the Chief Investigator of the case, Ribeiro said he opened fire because he thought they were trying to escape from the blockade, only realizing that it was a tourist car when he and the other police officers approached the vehicle.

Driver of the car, Carlos Zanieta, said he did not see neither the blockade nor any stop sign. A voice record that is circulating through WhatsApp says that police were sheltering from the rain when they ordered the vehicle to stop, and that the police officers did not enter into the roadway. Accordingly, that would have been the reason the driver did not stop the car.

The fatal shot reached Jimenez’s neck. She was taken to Miguel Couto hospital by police; however, she was already dead upon arrival.

For further information, please see:

Reuters – Spanish tourist shot, killed by police in Rio de Janeiro slum – 23 October 2017

New York Times – Brazilian Police Kill a Spanish Tourist in Rio de Janeiro – 05 October 2017

The Guardian – Brazil police shoot dead Spanish tourist in Rio de Janeiro favela – 23 October 2017

Folha de São Paulo – Spanish Tourist Is Shot and Killed by Rio Police in Rocinha Slum – 23 October 2017

Venezuela’s democratic opposition wins EU’s top human rights award

By: Emily Green
Impunity Watch Reporter, South America

BRUSSELS, Belgium — The European Parliament awarded the Sakharov Prize for Freedom of Thought to Venezuela’s democratic opposition and political prisoners on Thursday. This is Europe’s most prestigious human rights award.

Julio Borges will accept the prize on behalf of the Venezuelan opposition. Image Courtesy of Andres Martinez Casares.

Antonion Tajani, the Parliament’s president, made the announcement before a plenary session in Strasbourg, France. The prize was given as a reward to Venezuelan students and politicians for their courage to fight a repressive government and demand freedom. Guy Verhofstadt of the ALDE liberal group remarks that “this award supports the fight of democratic forces for a democratic Venezuela,” and invites the international community to join their fight.

Venezuela has suffered politically and economically for several years. As a result of dropped energy prices, the oil-producing nation took a severe economic hit. Poverty is widespread and thousands have left the country as refugees. Accordingly, President Maduro’s oppressive government has drawn much of the blame. It consolidated power by cracking down on the opposition and hundreds of leaders and supporters have felt the wrath of Maduro’s government. Many have been arbitrarily arrested and dozens have been killed in this past year. Officials report that more than 120 people were killed when anti-government street demonstrations turned violent.

As a result of Maduro’s government, Venezuela’s democracy is in danger. There is currently a standoff between the National Assembly, Venezuela’s only democratically elected Parliament, and the constituent assembly, made up exclusively of government supporters.  President Maduro has tried to close the National Assembly to limit the opposition’s power and influence. His goal is to create a superseding, all-powerful constitutional assembly that will be under his party’s control. The opposition’s effort to defend Venezuela’s democracy is the primary reason for their reward.

Mr. Tajani remarked, “we have decided to award the Sakharov Prize for Freedom of Thought to the democratic opposition, recalling our total support for the National Assembly of Venezuela – a democratically-elected parliament – the only parliament democratically elected.”

The “democratic opposition in Venezuela” receives the award as the official laureate. This group is represented by the country’s National Assembly and its president, Julio Borges, as well as political prisoners. The list of political prisoners is maintained by a human rights organization, Foro Penal. Mr. Borges will be invited to receive the prize on behalf of the opposition. The award comes with 50,000 euros (about $59,000) at a ceremony in Strasbourg this year.

The opposition follows last year’s winners, Nadia Murad and Lamiya Ajo Bashar, young Yazidi women who escaped captivity and sexual slavery under the Islamic State. The other finalists for this year included an activist in Guatemala who fights for the rights of indigenous peoples and a Swedish-Eritrean journalist who has been arbitrarily detained by Eritrean authorities since 2001.

The prize has been awarded every year since 1988 and is named after Andrei Sakharov, a Soviet physicist and political dissident.

For more information, please see:

Independent – Venezuela’s opposition awarded Sakharov Prize for championing human rights – 26 October 2017

NY Times – Venezuelan Opposition Receives E.U.’s Sakharov Freedom Price – 26 October 2017

BBC – Venezuela opposition wins EU’s top human rights prize – 26 October 2017

Washington Post – Opposition, prisoners of Venezuela with EU human rights prize – 26 October 2017

Euronews – Venezuela’s democratic opposition given EU’s human rights award – 26 October 2017

Zimbabwe’s New Cyber Security Ministry Poses Questions for Civil Liberties

By: Adam King
Impunity Rights News Reporter, Africa

Many have joked about newly appointed Cybersecurity Minster Patrick Chinamasa, but others are fearful of what his role will entail. Photo courtesy of Twitter.

HARARE, Zimbabwe  — Cybersecurity is apparently an issue of priority for President Robert Mugabe. The timing could not be more interesting as the newly created Ministry of Cyber Security, Threat Detection and Mitigation, led by Patrick Chinamasa, comes shortly before presidential elections.  If President Mugabe has learned one thing from the pervasiveness of social media, it is how it can give shape and energy to a civil movement.

This time last year, social media was used in Zimbabwe in a way that it had never been utilized before,

“Zimbabwe’s government has been uneasy about social media after pastor Evan Mawararire spearheaded the #ThisFlag movement last year…Using platforms like Twitter and Facebook it organized a stay-at-home demonstration, the biggest anti-government protest in a decade.”

The #ThisFlag movement involved the use of social media platforms to stage a stay-at-home protest against prolonged economic conditions. The leader of the movement, Pastor Evan Mawararire, used a cameo picture of Captain America in Zimbabwe flag colors to call on fellow citizens to wear their flags in protest. The pastor was hailed as a hero and was able to draw substantial attention to the issues he was protesting against without the use of violence.

#ThisFlag was an example of how social media for protests is becoming an effective means of protest to sub-saharan Africa.  This should come as no surprise since in Zimbabwe alone, internet usage has grown from a mere 0.3% to 46% in the past 16 years.  One out of every two Zimbabweans are accessing the internet. While internet access has accelerated in Zimbabwe over the last couple of decades, governments all over Africa have devised ways to prevent its citizens from reaching the internet,

“Governments don’t have the physical or technical ability to block sites, phones or texts themselves, explains Thecla Mbongue, analyst for trend forecasters Ovum. They issue an order to the companies who do have that power. Congo-Brazzaville’s government issued an order to the country’s mobile phone operators such as Airtel and MTN. This effectively blocks the internet because very few Congolese use fixed lines to access the web.”

In addition, recent events all over the world ranging from the major hacks of Equifax and HBO have made governments more sensitive to the vulnerabilities that cyber hacking naturally exposes. Cyber security is now more important than ever, but some are skeptical as to what this importance will mean with the balancing of civil liberties.

There are many civil liberties advocates in Zimbabwe who see the new ministry, which is the first in much of the world, as a way to threaten, silence or even arrest those who use social media to speak out against the government,

“One communications rights group, the Zimbabwe chapter of the Media Institute for Southern Africa (Misa), says this new scrutiny of social media goes against the spirit of the constitution and freedom of expression. Going a step further, Zimbabwe’s opposition Movement for Democratic Change (MDC) says the government’s new cyber threat ministry is a means for government to spy on its people…MDC leader Morgan Tsvangirai also believes that the ministry has been created to curb free speech in time for the 2018 polls… Meanwhile on social media, ominous warnings have begun circulating… One is from a “Mr Chaipa”, urging Zimbabweans only to share content on social media that they would be able to defend in court… Mr Chaipa said it was easy for the government to monitor online messages, and gave a list of online activities that could be classified as criminal offenses.”

There are clearly many groups in Zimbabwe that feel that this new ministry is the precursor to civil rights restrictions and violations. A new cybersecurity bill, which has also drawn the ire of the international human rights groups, further complicates the cybersecurity landscape in Zimbabwe,

“While Mugabe and the government describe the new ministry as “protective” i.e. acting in a defensive role, there are worries it is really aimed at attacking, like controlling social media use locally. This all comes as Zimbabwe finalizes a Computer and Cyber Crimes Bill that has already attracted criticism from human rights and freedom of expression campaign groups.”

The Zimbabwe government, however, assures that the worries are misplaced and civil liberties will not suffer under the new ministry,

“The Zimbabwean government has said new legislation will not stifle freedom of expression and will protect the public from new threats such as revenge pornography and cyber attacks. Presidential spokesperson Mr Charamba says Zimbabwe will look closely at how other nations have dealt with the threat of cybercrime – including Russia, China, and South Korea who have faced similar challenges.”

For more information, please see:

Bloomberg — ‘Executive Profile Patrick Anthony Chinamasa M.P.’ — 26 October 2017

Reuters — ‘Equifax, reeling from hack, still has no earnings report date’ — 25 October 2017

BBC News — ‘Why Zimbabwe has a Minister of WhatsApp’ — 24 October 2017

Quartz — ‘Zimbabwe has a new “minister of WhatsApp” whose first job seems to be to stop WhatsApp’ — 14 October 2017

Wired — ‘Breaking Down HBO’s Brutal Month of Hacks’ — 18 August 2017

BBC News — ‘Zimbabwe’s pastor hero: #ThisFlag preacher’ — 16 July 2016
BBC News — ‘How African governments block social media’ — 25 April 2016