Court Finds Application Inadmissible in Case against Policies against Pregnant, Married Students

 

By: Sallie Moppert

Impunity Watch News Staff Writer

ARUSHA, Tanzania – The African Court on Human and Peoples’ Rights (“ACHPR”) determined that  the application regarding several human rights violations that occurred as a result of Tanzania’s policy on pregnant or married female students in schools was inadmissible.

Schools in Tanzania have had the power to expel students who were married or became pregnant since the 1960’s. Photo courtesy of The Borgen Project.

Since the 1960’s, schools in Tanzania have had the power to refuse educating pregnant students. Tanzanian President John Magufuli stated that no pregnant student would ever attend or be allowed to return to school while he is in office, claiming that their presence would “encourage other girls to get pregnant” or be too distracting for students to concentrate while in school. According to the Organization for Economic Co-operation and Development reported in 2021 that approximately one in five girls in Tanzania fifteen years and older have been or were married before the age of eighteen.

Equality Now, a human rights organization, along with Tike Mwambipile, brought suit against the state of Tanzania, arguing that education was a right for all girls, regardless of whether or not they were married or had a child, and this policy was discriminatory against them.

One of the primary reasons for determining that the application was inadmissible was that there are additional applications for similar relief pending with other entities. On 29 July 2021, the African Committee of Experts on the Rights and Welfare (the “Committee”) of the informed the AFCHPR that it had received a similar application and the matter was pending determination. The Committee further informed the Court that it had already declared the application as admissible and that it would hold a hearing of the case in its upcoming Session.

The Committee ultimately decided that Tanzania had committed several human rights violations, including discrimination, right to education, right to health and health services, and protection against child abuse and torture. As the AFCHPR found that the matter had already been adjudicated and settled, it found the application to be inadmissible for further deliberation.

 

For further information, please see:

African Court on Human and Peoples’ Rights – The Matter of Tike Mwambipile and Equality Now v. United Republic of Tanzania – Dec. 1, 2022

Equality Now – African Court On Human And Peoples’ Rights To Give Verdict On Case Challenging Tanzania’s Ban On Pregnant Girls And Adolescent Mothers Attending School – Nov. 30, 2022

Equality Now – Girls in Tanzania Who Marry Or Become Pregnant Should Be Allowed To Attend School – Oct. 5, 2022

The Borgen Project – Educating Pregnant Students in Tanzania – Sept. 5, 2017

Grand Chamber of the ECtHR Hears Climate Change Cases for the First Time

 By: Jamela Wharton

Journal of Global Rights and Organization, Associate Articles Editor

STRASBOURG, France – The European Court of Human Rights (ECtHR) located in Strasbourg France, has decided to host Grand Chamber hearings for three climate change lawsuits. The cases are Verein KlimaSeniorinnen Schweiz and Others v. Switzerland (Verein), Carême v. France (Carême), and Duarte Agostinho and Others v. Portugal and 32 Other States (Duarte). There were other climate change cases that did not reach this stage. Two were deemed inadmissible, and there are six others that have been adjourned.

Hikers look upon the Great Aletsch Glacier, the largest glacier in the Swiss Alps, which is said to be retreating due to global warning. Courtesy of Financial Times.

The Verein case was fast tracked which caused both hearings for the Carême and Verein cases to be held on March 29, 2023. Verein’s hearing was schedule in the morning, making it the first climate change case to be heard by the Grand Chamber of the EctHR. The Grand Chamber hearings are the last step before a judgment is rendered. The hearing for Duarte Agostinho and Others v. Portugal and 32 Other States does not have a hearing date yet, but it is expected to occur after the court’s 2023 summer recess.

The plaintiffs in all the climate change cases have asserted that their article two right to life of the European Convention on Human Rights has been violated. Verein argues that the Switzerland government failed to adequately mitigate the effects of climate change. The plaintiffs of this case are older members of the community who are concerned of the effects climate change may have on their living conditions and health. In Carême, the former mayor of a municipality in France contends that France has not taken the necessary steps to prevent the climate change crisis, and this failure amounts to a violation of the Convention. Duarte was brought against 33 member states for their role in greenhouse emissions. The applicants are made up of Portuguese nationals between the ages of 10 to 23. They claim the emissions cause a threat to their living conditions and health and is a violation of their right to life.

The decision is expected to determine whether a member state’s governmental inaction to mitigate climate change is a violation of human rights law. This decision would set a binding precedent to all member states.

 

For further information, please see:

ECtHR- Factsheet on Climate Change Cases Pending Before the Grand Chamber of the Court- Mar. 2023.

Greenpeace- First Climate Case Heard of the European Court of Human Rights – 29 Mar. 2023

Israeli-Palestinian Tensions Escalating in the Middle East Threaten Peace to All

By: Mahogani Counts

Journal of Global Rights and Organizations, Associate Articles Editor

JERUSALEM, Israel – On Wednesday, April 5, 2022, Israeli police conducted an armed invasion into the third holiest site in Jerusalem, leading to the arrest of over 350 Muslims. Since these latest attacks, violent tensions have emerged between Israel and Palestine. According to CBS News, Palestinians attempted to stay overnight in the Al-Aqsa Mosque since the beginning of Ramadan, which began on March 22. However, worshipers can only stay overnight during the remaining ten days of Ramadan. Growing tired of defiance, Israeli officers entered the site daily to evict the worshipers.

Israeli border policemen take position near the Al-Aqsa Mosque compound [Ammar Awad/Reuters]

Thousands of Muslims arrived at the Al-Aqsa Mosque on Tuesday evening for worship. Israeli officials claimed officers were forced to enter the compound as people armed with fireworks and stones barricaded themselves inside. Talab Abu Eisha, present at the time of the raid, said that “the youths were afraid and started to close the doors.” Video footage of the mosque invasion shows officers beating Palestinians with batons and rifle butts while many were restrained. Eyewitnesses also reported that Israeli police broke windows, smashed doors, and fired stun grenades into the Al-Aqsa Mosque.

The attack on this holy site is profound because there are jurisdiction violations as well as human rights violations. Under international law, Israel does not have jurisdiction to act in East Jerusalem. Furthermore, Israeli entry into the Al-Aqsa Mosque is prohibited by the status quo agreement. Nevertheless, Israeli officers have persistently sought to prevent Muslims from praying in the compound overnight. This ritual of performing overnight prayer is called “itikaf” and it is customary for Muslims do to this during Ramadan. Although there is no explicit rule against overnight prayer at Al-Aqsa Mosque, Israeli police informed Cable News Network, or CNN, that Muslims specifically were not “allowed to be in the compound during night hours.”

At least twelve people were injured in the Mosque attack, and three of the injured were transported to the hospital. The Red Crescent reported to CNN that their ambulances were blocked by the police, which prevented them from attending to the injured. Unfortunately, this is not the only act of violence by Israel towards Muslims. Last week, Israeli police shot and killed a 26-year-old Palestinian man named Muhammad Al-Osaibi at the entrance of the Mosque. These recent attacks by Israel have led to greater turmoil within the nation.

After the attack on the Al-Aqsa Mosque, a dozen rockets were fired from the Gaza Strip aimed at Israel. A leader of the Hamas, a militant group that runs Gaza, stated the unprecedented violations by Israel will not pass. Thereafter, Israeli fighter jets fired at weapons manufacturing and storage sites in the Gaza Strip. It is unlikely that tensions will cool because Israeli Defense Minister Yoav Gallant said that they will return fire from any attacks and that they will make others regret threatening Israeli citizens. It is imperative that the attacks between Israel and Palestinians cease for the betterment of the country and civilians.

 

For further information, please see:

CNN – Israeli police storm al-Aqsa mosque for the second time on Wednesday – 6 Apr. 2023

CNN – The situation in Jerusalem is boiling over. Here’s how it all happened – 7 Apr. 2023

CBS News – Israeli forces storm Jerusalem’s Al-Aqsa mosque, arresting hundreds of Palestinian worshipers – 5 Apr. 2023

AlJazeera – Israel-Palestine updates: Police raid Al-Aqsa for a second night – 6 Apr. 2023

Wbur – Tensions escalate in Jerusalem after 2nd consecutive night of police raiding Al-Aqsa Mosque – 6 Apr. 2023

Despite Newly Passed Avenues for Support to the ICC, the Biden Administration and Pentagon are at Odds in Determining Which Documents to Provide the ICC regarding Putin’s Actions in Ukraine

By: Patrick Farrell

Journal of Global Rights and Organizations, Associate Articles Editor

THE HAGUE, Netherlands – As previously reported by Impunity Watch News, the ICC issued an arrest warrant for Putin’s arrest due to his role in the atrocities perpetrated during Russia’s war in Ukraine. The public issuing of the warrant was heralded as a significant step for two major reasons. First, in deterring further crimes in Ukraine, and second, widespread support for the indictment has been characterized as a win for the basic principles of humanity. Yet, the Kremlin has directly condemned the ICC’s actions, labeling them as “outrageous and unacceptable” and even rejected the warrant. Given this response, the ICC is now in need of support for the investigation and eventual prosecution. With that said, the Biden Administration is currently at odds with the Department of Defense in determining the nature of the evidence that the United States will share with the ICC regarding Russian atrocities in Ukraine.

The International Criminal Court. Photo courtesy of Dmitry Kostyukov for The New York Times

Following a National Security Council cabinet-level principals committee meeting on Feb. 3, President Biden has yet to make a decision to resolve the dispute. Although President Clinton signed the Rome Statute in 2000, he never sent it to the Senate for ratification, thus leaving the United States as a non-party to the Treaty. Further, in 1999 and 2002, Congress enacted laws that limited the support that the government could provide the ICC. However, following the bipartisan push to hold Putin accountable, Congress returned to the question of whether to help the ICC. Pursuant to regulations passed by Congress in December 2022, exceptions now exist that allow the U.S. Government to assist with “investigations and prosecutions of foreign nationals related to the situation in Ukraine.” These new laws, including the Consolidated Appropriations Act, the Justice for Victims of War Crimes Act, and the 2023 National Defense Authorization Act contain new elements highlighting the importance attached to supporting accountability for those responsible for atrocities such as these. Most importantly, the amendments in the Consolidated Appropriations Act allow the United States to provide assistance to the ICC Prosecutor’s efforts in Ukraine, even regardless of whether accusations have been made.

Despite these new powers, the Pentagon has maintained the position that the United States should remain separate from the ICC and that the Court should undertake its own investigation, especially since neither the United States nor Russia are parties to the Rome Statute.

Even amidst these internal tensions, national security experts and other government officials see an opportunity in using the ICC as a tool for enforcing accountability. According to John Bellinger, a lawyer for the National Security Council, the U.S. can assist in investigating and prosecuting war crimes by assisting the ICC, which is the successor to the Nuremberg tribunals. In addition, both Senator Lindsey Graham and Attorney General Merrick Garland have reiterated their commitment to helping Ukrainian prosecutors pursue Russian war crimes.

Even after modifications to longstanding legal restrictions which previously stifled America from aiding the ICC, a dispute now exists over whether the U.S. should provide such evidence. Still, it is hopeful that U.S. officials will come to a solution to assist the collaborative effort to bring justice for Russian atrocities committed in Ukraine.

For further information, please see:

Beatrice Nkansah, Impunity Watch News – ‘ICC’ Issues Warrants for Putin’s Arrest Regarding His Role in Russia’s War in Ukraine – 23 Mar. 2023

CNN – ICC issues war crimes arrest warrant for Putin for alleged deportation of Ukrainian children – 17 Mar. 2023

The New York Times – Pentagon Blocks Sharing Evidence of Possible Russian War Crimes With Hague Court – 8 Mar. 2023

Just Security – Unpacking New Legislation on US Support for the International Criminal Court – 9 Mar. 2023