United Nations Human Rights Council – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Julian Assange’s Partial Victory: A UN Declaration with No Teeth https://legacy.lawstreetmedia.com/blogs/world-blogs/julian-assanges-partial-victory-un-declaration-no-teeth/ https://legacy.lawstreetmedia.com/blogs/world-blogs/julian-assanges-partial-victory-un-declaration-no-teeth/#respond Thu, 11 Feb 2016 17:52:30 +0000 http://lawstreetmedia.com/?p=50590

This isn't over yet.

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At the end of last year, the United Nations launched a working group to discuss the “arbitrary detention” of Wikileaks founder Julian Assange. Assange has been living in London’s Ecuadorian embassy since 2012, after his 2010 arrest in London, where he was brought in on charges regarding sexual assault and molestation in Sweden.

Both of the women who reported these assaults have remained anonymous in the press, but police have revealed that both incidents took place in August 2010. One of the charges was dropped in 2015, but the other still stands today. In a controversial move that alienated him from several political allies, the Ecuadorian ambassador granted Assange political asylum on the grounds that Ecuador has historically protected those who are vulnerable. Assange was concerned that if he was deported to Sweden, he might then be deported to the United States, where his involvement with Wikileaks could lead to him being tried for treason–and, according to Assange and his supporters, could face the death penalty. In July 2015, Assange requested asylum in France but his request was denied by Francois Hollande. For a series of several months, British police forces did guard the Ecuadorian embassy but they never made overt threats or attempts to forcibly remove Assange from his place of refuge.

The Guardian ran a poll this week to gauge popular opinion on the United Nation’s ruling that Julian Assange has been arbitrarily detained–66 percent of Britons polled felt that the UN had made the wrong call. British politicians also fell into this camp–Prime Minister David Cameron said that the only person detaining Assange was “himself” and Secretary of State Philip Hammond rejected the UN decision via Twitter.

The UN may have handed down a ruling from on high, but British law enforcement still has agency over how to proceed with Assange. Assange has called the UN’s decision a victory that is legally binding, but the overwhelmingly negative response from British officials has led Assange to remain within the Ecuadorian embassy for the time being.  Swedish officials have supported the British decision to reject the UN ruling, leaving Assange essentially in the exact same position he was before the UN working group was formed. The UN has claimed that he should be allowed to walk free of the embassy and is even entitled to compensation but it did not specify how and when the UK and Sweden should go about dropping the charges against him and ensuring his reintegration into society.

The UN has effectively asked two governments to abandon a sexual assault case for no better reason than that the defendant is living a life of relative discomfort. Neither of these governments have tortured or committed any form of violence against Assange, they simply want to bring him in for questioning and put him on trial if necessary. Assange’s ruling should not be considered a landmark case because it is not one that will apply to any other situation. If any other criminal sought refuge within an embassy for several years, he would still be asked to undergo questioning and trial after leaving his place of asylum. Assange may have the satisfaction of a UN stamp of approval but the ruling likely has no leg to stand on in a legal setting.

Jillian Sequeira
Jillian Sequeira was a member of the College of William and Mary Class of 2016, with a double major in Government and Italian. When she’s not blogging, she’s photographing graffiti around the world and worshiping at the altar of Elon Musk and all things Tesla. Contact Jillian at Staff@LawStreetMedia.com

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United Nations Criticizes U.S. Over These Human Rights Issues https://legacy.lawstreetmedia.com/news/united-nations-criticizes-u-s-over-these-human-rights-issues/ https://legacy.lawstreetmedia.com/news/united-nations-criticizes-u-s-over-these-human-rights-issues/#comments Wed, 13 May 2015 20:53:05 +0000 http://lawstreetmedia.wpengine.com/?p=39721

The United States isn't immune when it comes to human rights criticism.

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The United States found itself facing criticism from the international community in regards to concerns about its human rights record this week. The criticisms were levied during the U.S.’s second universal periodic review in front of the United Nations’ Human Rights Council. Listed among the concerns that other nations presented about the U.S.’s human rights record included the American failure to shut down the detention facilities at Guantanamo Bay and the prevalence of sexual violence against Native American women. But one of the biggest focal points of the criticism was the culture of police violence and militarization, particularly against young black men, in the United States.

This is no surprise–during the recent flurry of media activity over the protests in Baltimore after the death of Freddie Gray at the hands of the Baltimore police, I came across a Washington Post article that posited “How Western media would cover Baltimore if it happened somewhere else.” While the writer of that piece, Karen Attiah, certainly wasn’t the only one I saw pose that question, I found her take particularly compelling, as she wrote it from the point of view of another nation’s media outlet. Take this passage for example:

Black Americans, a minority ethnic group, are killed by state security forces at a rate higher than the white majority population. Young, black American males are 21 times more likely to be shot by police than white American males.

Sounds pretty bad when it’s phrased like that, doesn’t it?

The point is that if we, as Americans, saw coverage of the racial discrimination and police conduct in this country the way that we see coverage of human rights abuses in other nations, we would be appalled and outraged. Therefore, it was no surprise to me that we received some criticism at the United Nations review.

At the same time, it also didn’t surprise me that the response that many Americans had to the criticism has been less than graceful. The main complaints appear to be twofold–some are upset that we even allowed ourselves to be reviewed by the UNHRC, calling it “farcical.” In a very similar vein, there are complaints that during the United States’ presentation in front of the council, the Obama administration even admitted to having to work on some of the aforementioned issues. There was also anger over which nations criticized us, countries including Iran, Cuba, Pakistan, and Russia. Critics of the review have been very quick to point out that those nations have very long histories of horrible human rights abuses themselves.

That’s completely true. Human rights abuses in Iran, Cuba, Pakistan, and Russia, among many other nations, are apparent, horrendous, and deserve high levels of criticism and attention. But I don’t quite get how that fact invalidates concerns about human rights abuses in the United States. Two wrongs don’t make a right–just because another nation is committing a wrong, our wrong isn’t suddenly rendered right.

Moreover, what happened to being a good example? How can we demand that other nations be accountable for their human rights abuses when we can’t even talk about ours in an open forum with humility and respect? It’s not easy to admit that there’s a problem in this country when it comes to racism and police violence. But criticizing other countries for pointing it out certainly won’t do anything to fix it. Instead, we need to work together as a nation to combat these systemic problems, and become the very role model we purport to be.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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