Historic Election in Senegal Sees Youngest President in Country’s History

By: D’Andre Gordon

Impunity Watch News Staff Writer

Dakar, Senegal — In a historic turn of events, Senegal welcomed Bassirou Diomaye Faye as its newly inaugurated president, marking a significant transition from incarceration to leadership. This remarkable journey from the confines of a prison cell to the presidential palace underscores a profound narrative of resistance and democratic revival, highlighted in recent reports from AP News​​. Faye is the youngest president in Senegalese history. 

 
President Faye speaking before a crowd during his inauguration. | Photo Courtesy of AP News.
  

Faye’s ascent to the presidency is emblematic of a broader struggle against systemic injustices and the remnants of colonial exploitation. Released from prison alongside Ousmane Sonko, his mentor and a prominent opposition figure, just before the elections, Faye’s victory is a testament to the unyielding spirit of the Senegalese people and their quest for genuine democratic governance.

Faye’s commitment to eradicating corruption and ensuring equitable management of Senegal’s resources resonates with the aspirations of the youth, who have long been disillusioned by rampant unemployment and the neocolonial dynamics that have perpetuated economic disparities. His election represents a rejection of exploitative practices and a collective yearning for a governance model that prioritizes the welfare of its citizens over foreign interests, as detailed in the AP News report​​.

Echoing the themes of transparency and accountability, Faye’s decision to publicly declare his assets prior to the election serves as a powerful statement against the opaqueness that has marred political institutions. It is a step towards dismantling the structures of power that have historically marginalized the voices of the ordinary citizen in favor of a privileged few, reflecting a call for greater integrity in governance​​.

As Faye assumes Office, the composition of his government will be scrutinized as a reflection of his commitment to breaking with past practices and embodying the change that the Senegalese electorate has ardently yearned for. The challenges ahead are manifold, but the message is clear: the era of impunity and governance that serves the interests of a select few is over.

This momentous occasion in Senegal’s political landscape is not merely about a change in leadership but a profound shift towards a future where governance is characterized by integrity, inclusivity, and respect for the sovereign will of the people. It is a beacon of hope for not just Senegal, but for nations across the continent and beyond, grappling with the vestiges of imperialism and striving for a democratic ethos that truly reflects the aspirations of its people.

Senegal’s story, with Faye at the helm, offers a blueprint for a new kind of leadership – one that is rooted in the principles of justice, equity, and the unwavering belief in the power of the people to chart their own destiny. It is a clarion call for an era of governance that transcends the shadow of colonial legacies and paves the way for a future where every citizen has a stake in their nation’s prosperity, inspired by the details shared in the AP News article.

For further information, please see:

AP News – Senegal Swears in Former Opposition Figure, Recently Freed from Prison, as New President – Apr. 2, 2024

AP News – Senegal’s President-Elect Pledges to Fight Corruption After a Stunning Victory for the 44-Year-Old – Mar. 26, 2024

The Guardian – Bassirou Diomaye Faye sworn in as Senegal’s youngest president – Apr. 2, 2024

ECHR Rule Change Bolsters United Kingdom Plan to Relocate Migrants to Rwanda

By: Terrence Kane

Journal of Global Rights and Organizations, Associate Articles Editor

ROME, Italy – A rule-change in the European Court of Human Rights (ECHR) has bolstered the United Kingdom’s plan to send asylum seekers to Rwanda. The rule change will raise the threshold required by courts to place an injunction on removal proceedings.

 
Flight from the United Kingdom to Rwanda grounded amid legal challenges to the removal plan. | Photo Courtesy of BBC.
  

The Rule Change

The ECHR first announced that it would amend its rules in November of 2023. The changes were sought to bring the rules on interim measures more in alignment with the Court’s established case law. The change involved Rule 39 of the Rules of the Court, which are regarding the procedures on interim measures.

The language of Rule 39 was amended to include the line “imminent risk of irreparable harm” which has raised the threshold to institute interim measures, such as injunction. The amended rule language was announced on February 23, 2024, and went into effect a little over a month later on March 28.

While the rule change wasn’t in reference to any particular case or controversy, it is likely to have a very specific impact on the removal processes of the United Kingdom.

Effect on United Kingdom’s Removal Process

Under its current leadership, the United Kingdom has pursued a program of removing asylum seekers to Rwanda where the asylum seekers are meant to remain until their cases have been properly adjudicated in UK courts. The plan faced a major obstacle when the United Kingdom’s Supreme Court ruled that the policy violated international human rights law.

The Supreme Court upheld a Court of Appeals decision that found that the planned removals were unlawful because it lacked proper safeguards to prevent refoulement, or the return of asylum seekers to their state of origin. The Supreme Court held that the removals posed a safety risk to the asylum seekers because the United Kingdom failed to establish that Rwanda was a safe nation. The Court stated there were “substantial grounds” to believe sending asylum seekers to Rwanda would cause them to be unsafe.

The analysis used by the Supreme Court in putting the deportations on hold is likely to be substantially altered as a result of the new language in Rule 39. Rather than simply finding “substantial grounds” of safety risks, courts like those in the UK that put the Rwanda plan on hold, will need to look for evidence that there is an “imminent risk of irreparable harm.” This new standard will make it substantially harder to challenge the Rwanda plan and reduce courts ability to issue injunctive relief.

For further information, please see:

BBC – Supreme Court rules Rwanda asylum policy unlawful – November 15, 2023

The Telegraph – Boost for Rwanda plan as ECHR makes it harder to block deportations – March 28, 2024

Reuters – UK plan to deport refugees to Rwanda to be delayed after new parliamentary defeats – March 20, 2024

ICJ – Press Release – March 28, 2024

ICJ – Rules of Court – March 28, 2024

           

IACHR Rules Peru’s Failure to Monitor Metal Refinery Violates Citizens’ Rights to a Healthy Environment

By: Jacob Riederer

Impunity Watch News Staff Writer

San Jose, Costa Rica – On March 22, 2024, the Inter-American Court of Human Rights (IACHR) issued a ruling declaring that the Peruvian government’s lack of supervision and oversight of a metal refinery in the city of La Oroyoa led to violations of human rights of citizens, including the right to a healthy environment.  

 
Smelting and refining of Metals at CLMO have made La Oroya one of the most polluted cities in the world. | Photo courtesy of TIME/Matthew Burpee.
  

La Oroya, located about 50 miles northeast of Lima in Central Peru, has a population of 33,000.  Complejo Metalúrgico de La Oroya (CMLO), the refinery in question, has operated in that region for more than 100 years. During this time, it has refined metals with high concentrations of copper, zinc, and arsenic, among other compounds. It is currently a private company, although it was previously controlled and operated by Peruvian officials. 

CMLO has generated significant pollution. In the past, La Oroya was one of the most polluted cities in the world in large part because of the refinery. Presently, air pollution levels in the city far exceed environmental guidelines required by Peruvian law. 

The current case was brought against the Government of Peru by 80 residents of La Oroya, who have suffered the harmful effects of CMLO’s pollution. CMLO’s actions have exposed residents to chemicals such as lead, cadmium, arsenic and sulfur dioxide. As a result, many people in La Oroya have developed respiratory, heart, skin, and psychological conditions.

In its ruling, the IACHR held Peru responsible for violating the right to a healthy environment by failing to properly monitor and regulate CMLO.  Other violations included the right to a dignified life and personal integrity because of this pollution, which has significantly affected the quality of life of its victims who are plagued by disease. The Court also noted the government’s failure to provide adequate health care to citizens affected by the refinery’s pollution. 

In response to the violations the court ordered the following: the Government of Peru must 1) conduct tests to determine how polluted the air, water, and soil are in La Oroya are and create a plan for remediation; 2) provide specialized medical care at no cost to the victims; 3) improve air quality standsa; 4) develop a monitoring system for air, water and soil pollution; and 5) award damages to victims and their families.

For further information, please see:

IACHR – Comunicado de Prensa, Caso de Habitantes de La Oroya vs. Peru – 24 MAR 2024 –

IACHR – Sentencia, Caso de Habitantes de La Oroya vs. Peru – 27 Nov 2023

Inside Climate News – International Court Issues First-Ever Decision Enforcing the Right to a Healthy Environment – 29 Mar 2029

TIME – T he World’s Most Polluted Places, La Oroya Peru – 2007

La Republica – Peru Is Responsible for the Pollution in La Oroya – 22 Mar 2024

Yahoo News – Rights Court Condemns Peru Over One of world’s Most Polluted Towns – 22 Mar 2024

 

 

 

ICC Office of the Prosecutor Targets Slavery Crimes with Landmark Policy

By: Remy Kane

Impunity Watch News Staff Writer

THE HAGUE, The Netherlands – On March 19, the International Criminal Court (ICC) Office of the Prosecutor announced that a new Policy on Slavery Crimes is in the works. The policy will mark the first specific action taken by an international judicial institution to combat crimes of slavery. This reflects the ICC’s dedication to achieving justice for victims of such crimes and preventing the future commission of them.

 
Permanent premises of the International Criminal Court in The Hague, the Netherlands. | Photo courtesy of Human Rights Watch.
  

Modern slavery encompasses sex trafficking, forced labor, bonded labor or debt bondage, domestic servitude, and the unlawful recruitment and use of child soldiers. To quote Prosecutor Khan, “Slavery crimes are committed against an untold number of persons and populations, including child soldiers, persons forced to migrate or be trafficked, and persons detained, disappeared, or forced into marriage or labor that devolves into slavery.”

As of 2021, 49.6 million people were living in modern slavery per the International Labour Organization. Of those individuals, 27.6 million were subject to forced labor and 22 million were in forced marriages. Twelve percent of those in forced labor were children and more than half of these children were victims of commercial sexual exploitation. Child trafficking occurs in every country in the world and makes up a third of all human trafficking cases. Human trafficking and forced labor generate roughly $150 billion annually. These numbers are testimony to how slavery crimes are a grave and pressing issue.

The Policy on Slave Crimes will aim to take a survivor-centered, trauma-informed and gender-competent approach, and will be “rigorously implemented” once formulated, according to the Prosecutor. It will be in alignment with other recent policies tackling similar issues, including the 2022 Policy Paper on Gender Persecution, the 2023 Policy on Gender-Based Crimes, and the 2023 Policy on Children.

The Office of the Prosecutor has consulted survivor communities, civil society organizations, national authorities, international organizations, and other justice actors to help shape the Policy. To further aid in the process, the Office is also seeking input from the public. External experts are welcome to offer substantive comment on how the Policy can be best effectuated. Such comments will be accepted via email until April 30, 2024 (see more information about submissions on the ICC website, linked below).

For further information, please see:

ICC – Office of the Prosecutor Launches Public Consultation on Policy on Slavery Crimes – Mar. 19, 2014

ICC – Policy on Children – Dec 7, 2023

ICC – Policy on Gender-Based Crimes – Dec. 4, 2023

ICC – Policy on The Crime of Gender Persecution – Dec 7, 2022

International Labour Organization – Forced Labour, Modern Slavery and Human Trafficking – Sept. 12, 2022

Lexology – ICC Opens Consultation for New Policy in Slavery Crimes – Mar. 20, 2024

UNICEF – UNICEF and The Fight Against Child Trafficking – Nov. 9, 2022

 

 

 

 

ECtHR Rules that Turkey Violated Right to Freedom of Conscience in Cypriot Conscientious Objector Case

By: Gavin Gretsky

Impunity Watch News Staff Writer

STRASBOURG, France – On March 3, 2023, the European Court of Human Rights (ECtHR) issued a decision in the case of Kanatlı v. Türkiye, finding that Turkey violated European Convention on Human Rights (ECHR) Article 9 protections of freedom of thought, conscience, and religion. The violation stems from when Turkey brought criminal charges and punishment against a reservist who refused to comply with the annual mandatory one day of military service because he was a conscientious objector.

 
Members of the Turkish-Cypriot security forces participate in a military parade. | Photo courtesy of Daily Shabah.
  

The applicant in this case, Murat Kanatli, is a resident of the Turkish Republic of Northern Cyprus and was a member of the Turkish-Cypriot security forces in 2005 as part of the Military Service Act which imposed mandatory military service. Under the Military Service Act, following active-duty service Mr. Kanatli was expected to serve as a reservist by performing one day of military service in military barracks. Mr. Kanatli performed this duty for three years in 2006, 2007, and 2008.

Following his service is 2008, Mr. Kanatli became the Cypriot representative for the European Bureau for Conscientious Objectors and was elected to the executive committee of the organization in 2009. A conscientious objector is an individual who is opposed to serving in the armed forces and/or bearing arms on the grounds of either moral or religious principles. Mr. Kanatli then refused to serve his one day of mandatory military service in 2009 because of his pacifist and anti-militarist beliefs.

Because of this refusal, the military prosecutor’s office brought criminal proceedings against Mr. Kanatli. Mr. Kanatli challenged the constitutionality of the Military Services Act because it gave no substitute civilian service option for those opposed to compulsory military service. In 2013, the Supreme Military Administrative Court held that the Military Services Act was constitutional and imposed a fine of 167 Euros which could become a punishment of ten days imprisonment if there was a failure to pay. Mr. Kanatli refused to pay and served his ten days in jail. Mr. Kanatli also refused his annual military service in 2010 and 2011, resulting in two more criminal proceedings which were later dropped.

Mr. Kanatli filed his case against Turkey with the European Court of Human Rights in 2015, arguing that the mandatory military service without the option for civilian service as a substitute violated Article 9 of the ECHR. Specifically, Mr. Kanatli argued that the Military Service Act, and his convictions under the statute, violated Article 9 freedom of thought, conscience, and religion. The ECtHR stated that the freedom of conscience was unreservedly protected and was guaranteed by the ECHR. The Court held that Turkey did violate the ECHR because the legislation required military service but did not provide any provisions for conscientious objectors to perform an alternative service and only prescribed criminal proceedings for these individuals.

Because of this violation, the ECtHR declared that Turkey must pay Mr. Kanatli 9,000 Euros in damages and 2,363 Euros in costs and expenses.

For further information, please see:

Cyprus Mail- Turkey Fined Over Cypriot Conscientious Objector- 13 Mar. 2024

ECtHR – Convention Breached by Absence of Legislation Allowing Conscientious Objectors to Opt for Civilian Service as Alternate to Military Service- 12 Mar. 2024

Philenews- Turkey Breaches Rights of Cypriot Conscientious Objector: European Court – 13 Mar. 2024

Stockholm Center for Freedom – EctHR Faults Turkey for Violating Rights of Turkish Cypriot Conscientious Objector – 12 Mar. 2024

Turkish Minute – ECtHR faults Turkey for violating rights of Turkish Cypriot conscientious objector – 12 Mar. 2024