Tag: Human rights

Espera, la ayuda viene!

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By Maeva Chargros

What would it look like, if the Charter 77 was still active, with members from all across the world and from all generations? One of the answers to this rather odd question took place for the 30th consecutive year in the city of Caen, in Normandy (France), on January 25-27, 2019. In French, it is called “Concours de Plaidoiries”; a competition of defence speeches and pleas for fundamental freedoms. Four of these fundamental freedoms were named by President Roosevelt on January 6, 1941: “the freedom of speech, the freedom of worship, the freedom from want, and the freedom from fear”[1]. And for this 2019 edition, the competition covered all four of them, defended by high school students aged from 15 to 18 years old, law students, and lawyers. Why, then, would this competition be in the continuity of the famous Charter 77?

It is essential not to forget, when it comes to history, for otherwise, we might not repeat history, but we might fail at taking a step further and risk taking a step back. The initial point is an improved version of our world two hours ago, but also ten centuries ago. Improved? For the sceptics among the readers of this article, please allow me to mention that ten centuries ago, the United Nations did not exist, nor did the Geneva Convention, the Istanbul Convention, and most of the texts quoted during the event I am writing about today were not even drafts, not even thoughts. Improvement does not mean perfection. And this is precisely what the Charter 77 was about: reminding a sovereign state of its own duties, namely, respecting human rights, international law, and the Helsinki Declaration.
This is precisely what these 37 people did during three days in the “Cité de l’Histoire de la Paix”, in this Memorial dedicated to peace and human rights: reminding sovereign states of their duties. They were coming from all corners of France and beyond.

Among the ten lawyers present, only four were from France. Two were from Belgium, one from Québec (Canada), one from Switzerland, one from Mali, and one from Benin. It is this one, from Benin, whose defence speech is the source of the title I chose for this article. These were among the last words Maître Koukpolou said in his plea. “Hold on, help is coming!” (“Espera, la ayuda viene!”, in Spanish.) Even if he did not win any award, his speech was among the most touching for me. His word symbolised the message of this year’s edition: there is still hope, as long as there are still humans who care about and defend others. He was the only one, of all three competitions, to focus on the political and humanitarian crisis currently killing so many people, including children, in Venezuela. The title of his plea: “Give me food and I’ll do whatever you want”. Continue reading “Espera, la ayuda viene!” →

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Ethnic & Caste Segregation: Deepening Social Divisions in India & Europe

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By Nikhil Verma

On June 2014, a tattered body with a swollen face was dumped in a shopping cart in North Paris. After having found the lying body on the road, Ion Vardu Sandu, 49, a Roma mechanic, said that “he was barely breathing, and his eyes were closed.” In the following sentence, he added “but he was also a notorious thief. Teens like him steal and give Romani people like us a bad name.” The body belonged to a 17-year-old Roma known as “Darius” and who went into a coma.
Two months earlier, more than 7000 kilometres away, in the village of Kharda, India, Nitin Aage, a 17-year-old boy was found hanging on a tree. Nitin was a ‘Dalit’, and his only mistake was to speak to a girl from an upper-caste community. All 13 men who were accused of Nitin’s murder were acquitted in 2017.
But what killed Darius, Nitin and million others like them? Is it the dehumanisation, the stigma or the fear of loss of dominance? While the magnitude of the violence varies, the undercurrent remains the same. A similar social hierarchy can be observed in other parts of the world. The condition of Buraku in Japan, African-Americans in the US, Osu in Nigeria – groups that also suffer prejudice in their respective countries – also mirror the terrible condition of ‘Dalits’ in India, and ‘Roma’ in Europe. Racial and caste discrimination manifest themselves in ways that are demeaning to the core of human existence.

Caste & Race

In an essence, caste and race are contemporaries. Segregation, discrimination and violence along with a social status determined by birth occur in these societies. The Indian discriminative order is based on the notion of ‘Sanctioned Impurity’ often reiterated through menial jobs such as manual scavenging and leather tanning by Elitist Brahminical upper-caste forces; the African-American varies and is based on the notion of an inferior subhuman race and often reiterated through violence – termed as untamed ‘savages’ by European settlers who encountered native population.
However, in terms of similarity, both ‘Dalits’ and ‘Roma People’ stand at the lowest level of the socio-economic hierarchy in respective continents of Asia and Europe. Both groups are intentionally excluded from consumer markets, employment and housing. Both ‘Caste’ and ‘Race’ impose enormous barriers in civil and political rights.
Babasaheb Ambedkar and Martin Luther King Jr. were fighting against the oppression of their own kind. But while King was able to humanise white people, Ambedkar couldn’t emulate the same in the Indian ethos due to Gandhi’s intervention on a multitude of legislative and social fronts – most famously his persistence to keep Dalits in the Hindu fold by denying them a separate electorate, the communal award and subsequently blackmailing Ambedkar to sign the Poona Pact through his hunger strike[1]. While political activism has been able to consolidate ‘African-Americans’ in the US, unfortunately, the same cannot be said about the Indian social fabric.
This is evident from the fact that Dalits sit separately in government schools in 37.8% of the villages. In 27.6% villages, Dalits were prevented from entering police stations, In 25.7% of the villages, they are prevented from entering ration shops, and in 33% of the villages, public health workers refuse to visit Dalit homes.
In the case of Roma, there is pervasive illiteracy or semi-literacy (e.g., half of Roma adults in Greece, 35% in Portugal, and 25% in France report being illiterate) and extremely low-rates of completion of secondary schooling (from 77% to 99% of surveyed Roma across 11 European countries do not have an upper secondary school diploma). Continue reading “Ethnic & Caste Segregation: Deepening Social Divisions in India & Europe” →

70 Years Later: Lights & Shadows of Human Rights

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By Agnese Olmati

Today, on December 10, 2018, the Universal Declaration of Human Rights celebrates its 70th anniversary. After seven decades and many achievements, it is certainly important to honour the document which became a major milestone for the history of human rights and is now regarded as a yardstick by all nations. However, it is also necessary to highlight that the UDHR is not all black and white, as well as the declarations it inspired, like for example the European Convention on Human Rights (1953) or the Charter of Fundamental Rights in the European Union (2009).
All these papers, their articles and their words demonstrate the states’ commitment to the protection of human rights but, despite this, it is clear that today, nations and the institutions created to protect those rights are often failing. A simple example? Even if the three above-mentioned declarations prohibit slavery, servitude, forced labor and the trafficking of human beings, all these can still be found in many countries around the world and around Europe[1].

The practical failure in the protection of human rights is now of great concern especially in Europe, where these rights are some of the main principles on which the European Union was built. Recent events have questioned the willingness of Europeans to actually support other people to be able to enjoy their same human rights and have shown the difficulties the EU encounters in guaranteeing the fruition of these rights to its citizens, thus challenging the accomplishment of the entire European project.
But flaws do not only concern the practical protection of human rights. Considering the theoretical aspect, there are several obstacles in the understanding and consequent application of the UDHR. Continue reading “70 Years Later: Lights & Shadows of Human Rights” →

The European Parliament Triggers Article 7 against the Hungarian Government

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By Karin Kämmerling

On September 12, the European Parliament voted on the triggering of Article 7 measures against Hungary. With 448 votes in favor of the motion, 197 against and 48 abstentions the required majority was achieved[1]. Now, the Council of the European Union has to approve the vote unanimously in order to launch possible sanctions. The Hungarian government, accused of silencing critical media, targeting academics and NGOs as well as removing independent judges, said the decision was an insult to the Hungarian nation and people[2].

What is the Article 7 about?

Article 7 of the Treaty on European Union states that the EU can take measures in case “there is a clear risk of a serious breach by a Member State of the values referred to in Article 2“[3]. These include “human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities”[4]. Members of the European Parliament must support the resolution by two thirds in order to launch the Article 7 procedure as it happened last month in Strasbourg in the case of Hungary. With this vote, it is now possible for the Council of the European Union to make demands to the Hungarian government in order to improve the situation and even launch punitive measures if the requirements are not fulfilled. Possible sanctions may be a harder access to EU funding and can even lead to the loss of voting rights in the EU institutions. Continue reading “The European Parliament Triggers Article 7 against the Hungarian Government” →

Lampedusa: A Tragedy with a Plot Twist

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By Agnese Olmati

A small strip of land in the middle of the Mediterranean, 205 km off the Sicilian coast and 113 km away from Tunisia. Lampedusa, the southernmost point of Italy, has become popular in the recent years as the symbol of the humanitarian crisis in the Mediterranean. Today, even if its name is no longer on the front pages, the island is still at the core of migration flows through the Central Mediterranean route and still serves as lifebuoy for many. According to statistics, the death tolls and number of arrivals have decreased in the past couple of years, but people continue to land in Lampedusa – and die in its surrounding sea. Estimations show that 2016 was the deadliest year, with 4,587 dead or missing at sea[1] and 500 arriving in Italy by sea per day, compared to only 61 since June 2018 till today.

However, this is not a positive signal meaning that the Italian and European migration policies are giving the expected results. In fact, 19% of those who have tried to leave Africa last September died or went missing, a percentage that has never been registered before[2]. Past scenarios in which the island, with its 6,000 Lampedusani, was hosting 10,000 people on its small territory[3] are not likely to happen again. Lampedusa is not facing any serious problem in welcoming and hosting migrants in its hotspot, where their process for seeking international protection starts and where they normally spend just two days before being transferred to the mainland.
However, the migratory phenomenon is still profoundly affecting Lampedusa and those who live there. Different people and places around the isle can show what living on an island on the European border means, with all its peculiarities and paradoxes. Continue reading “Lampedusa: A Tragedy with a Plot Twist” →

Why the “I” in “India” Stands For “Identity”

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By Nikhil Verma

The Hidden Indian ‘Apartheid’

In October 2015, two three-year-old kids were set on fire and torched inside a house along with eight adults of the same family in the Indian town of Ballabgarh, Haryana. [1]
Similarly, in 2010, a polio-stricken teenage girl was torched while she was sleeping, her elderly father who went to save her was also locked by an upper-caste mob until both of them were charred to death. The spokes of the rusty handicap tricycle which was meant to assist the polio-ridden condition of the obliterated girl laid darkened in the corner. These are not excerpts of stories from Auschwitz, these are everyday stories from Modern India – so-called progressive India.
These are narratives of caste-based violence and atrocities which occur without any fear of prosecution in India. In both stories, the perpetrators belonged to ‘Upper-Caste groups” i.e. the ‘Caste Elites of India’, whereas both the families on the receiving end belonged to the most socially stigmatised community of Indian society – “The Untouchables” which are now mostly recognized as “Dalits”. The word ‘Dalit’ means ‘broken’ or ‘oppressed’ (recognized as Scheduled Castes & Scheduled Tribes under the Indian Constitution).

In India, such heinous crimes against ‘Dalits’ are not an exception but rather a norm. Moreover, such crimes are committed with impunity which is made evident by the conviction rate which stands at 5.3%.[2] ‘Dalits’ cover almost one-fifth of the Indian population with 200 million people which is bigger than the combined population of Germany and France. Such a large population experiences caste discrimination in forms of sexual assault, physical violence, forced prostitution, manual scavenging, and denial of most basic human rights. This is tribalism of the highest order and the international community is not paying enough attention to it.

Despite the fact that caste discrimination is outlawed in India since 1947, it is omnipresent in India and the situation is not showing any signs of progress as the crimes against Dalits have increased by 66% and the rapes of ‘Dalit’ women doubled between 2007 and 2017, according to the Ministry of Home Affairs. Continue reading “Why the “I” in “India” Stands For “Identity”” →

LGBT & EU Legislation: An Overview of the Recent Developments

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By Júlia-Janka Gáspárik 

The EU’s motto is “United in Diversity”[1], which means that it is a shared community, but member states also preserve their national characteristics. At the same time, this motto can also sum up one of the biggest problems of the EU: the definition of the limit between having common laws and undermining a country’s sovereignty. LGBT (Lesbian, Gay, Bisexual, Transsexual) rights are a very delicate part of the EU legislation, trapped somewhere between universal (and EU-protected) human rights and national sovereignty. The EU – opting towards an ever-closer union – is trying to bring together its member states with social policies in order to reach an integrated society also on the cultural level, and not only on the economic and monetary ones. On the other hand, anti-LGBT/pro-traditional family groups often use the argument of sovereignty against the common EU LGBT framework[2]. This is what partially makes this issue of LGBT so complicated: some people argue that this minority should be protected with a stronger mechanism at EU level, while others say that it would undermine their countries’ sovereignty.

The European Union law mentions the issue of LGBT only in terms of discrimination: discrimination based on sexual orientation is illegal and rights pertaining to this aspect are protected in the Charter of Fundamental Rights of the EU[3]. NGOs and civil right organizations are fighting for the rights of the LGBT people. However, since the attitude towards sexual orientation is considered to be a cultural-societal-religious issue, the EU has not established a compulsory legal framework in any of its member states. On the other hand, it can be argued that this is not a societal issue but one of fundamental rights. When learning about LGBT in the EU, it also becomes clear that the main obstacle in not introducing the civil union and same sex marriages in some European countries is the predominant position of religious values in that state[4].
This article explores the complex issue of LGBT rights in the EU and the member states by examining the issues’ cultural and human rights facade. It will be illustrated with one case, namely the recent case of Coman-Hamilton (Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Others). Continue reading “LGBT & EU Legislation: An Overview of the Recent Developments” →

European Arrest Warrant & Detention Conditions in EU Member States

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By Giorgia Spolverato

Is the risk of undergoing “inhuman and degrading treatments” enough to refuse the surrender of a prisoner from a European Union country to another?

The Court of Justice of the European Union (CJEU) tried to answer this question on the occasion of the joined cases Aranyosi and Căldăraru.[1] Due to its functions as described in the Treaty on the Functioning of the European Union (TFEU), the CJEU was asked by the Higher Regional Court of Bremen (Germany) to give an interpretation of article 1, paragraph 3 of the European Arrest Warrant Framework Decision (EAW-FD), with a special focus on its compatibility with the prohibition of inhuman and degrading treatment included in the European Charter of Fundamental Rights.[2] This measure was adopted in 2002 by the Council of the European Union to replace the outdated extradition procedure within the EU member states. What is relevant to us is that the new regulation tool is based on the principle of mutual recognition, which is one of the cornerstones of the European Union integration and cooperation process, especially in the fight against international crime.[3] The principle entails a high level of mutual trust among EU member states. In the field of judicial co-operation in criminal matters, it basically means that a decision taken by an authority in one member state may be accepted as it is by another state.[4] However, this supposed “blind trust” among the member states can cause complications in cases where the principle of mutual recognition clashes with other principles; as in the case at stake, the prohibition of inhuman and degrading treatment. Continue reading “European Arrest Warrant & Detention Conditions in EU Member States” →

Has the West forgotten the war in Yemen?

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Ben Krasa

A country on the brink of a famine. With a population of 27 million, 18 million are in need of humanitarian assistance. Three million have been forced to flee their homes. An estimated 10,000 are dead. Serious allegations of violations of international humanitarian law and human rights law have been made. It is one of the biggest humanitarian crises of the twenty-first century. Yet no one is talking about it. The Yemeni war began with a bang, but has quietly slipped through our media. The occasional news report here and there highlights what horrendous times the country is facing and the suffering endured by what is left of its population. But the crisis is largely ignored by the West.

Surprisingly, a politician who has come under intense scrutiny, Boris Johnson, has been the politician to question Saudi Arabia’s motives and actions in the war. Johnson recently criticised Saudi Arabia’s involvement but quickly came under fire by his own party. Despite having personal views that conflict with the party lines, it is evident that the man who gave the US State Department the biggest smile, is indeed one of the few politicians in the West, who is showing leadership. Despite stating that the party’s views do not align with Johnson’s, some Conservative party figures defended him as well as some from the opposition. Unfortunately, the spotlight will shine on the Yemeni war only if public figures will speak out about the horrific events taking place in Yemen. With Saudi money invested in many powerful Western nations, especially in England and the USA, it is a breath of fresh air that not all politicians turn a blind eye to the silently reported catastrophic war in Yemen. Continue reading “Has the West forgotten the war in Yemen?” →

Defending Human Rights? Euroculture Students on the Track of Human Rights In and Outside EU

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Sabine Volk
Yke Wijnker
Edited by Catherine Burkinshaw

In October 2015, Groningen’s first year Euroculture students went on a three-day study excursion to Brussels. Together with our teacher and organizer of the trip, Albert Meijer, we visited EU institutions, namely the European Commission and Parliament, the EU’s Executive Agency for Education, Audiovisual and Culture (EACEA), as well as two independent associations, namely the European Movement, and the European Network Against Racism (ENAR).

 

Seventeen first year Euroculture students visiting the heart of the EU: a lot of fun and Belgian beer. But it also entails enriching discussions with EU officials and lobbyists – this year regarding human rights in and outside EU.   

Studying Europe from an interdisciplinary perspective is amazing: its cultural, societal, and political integration not only appeals to various interests, but is capable of inspiring new interests within students, leading to almost insatiable curiosity. However, one day most of us will have to leave the academic ivory tower and decide on a concrete working field. For this reason, Euroculture Groningen organizes for each first year student group a trip to the perhaps most attractive destination for European studies scholars: Brussels, the permanent seat of several EU institutions, EU related agencies and innumerable lobbying associations. In other words: the heart of the European Union. For three days, seventeen first year Euroculture students explored this vibrant city, wondering which of them would someday end up in the offices of EU officials and lobbyists.

In view of the topic of the upcoming Intensive Program, “Ideals and Ambiguities of Human Rights in Europe, Past and Present,” this year’s trip to Brussels focused on human rights. For the inside perspective, we met the European Network Against Racism. To explore EU human rights policies outside its territory, we conferred with the European External Action Service (EEAS). For everybody participating in the 2016 IP or just interested in human rights issues, we want to share our experience with you. Continue reading “Defending Human Rights? Euroculture Students on the Track of Human Rights In and Outside EU” →