Human Rights Advocates Volume 47 Summer 2006

The Dedication of the Frank condemning apartheid in South Africa when the U.S. C. Newman International Congress already had imposed sanctions against that gov- ernment. Frank answered that the U.S. Executive Branch Human Rights Law Clinic is free to vote as it wants as long as its vote has no financial implications. This, noted Eya, was what helped him un- n April 17, 2006, USF School of Law hosted a derstand how the U.S. government works. Odedication ceremony to name the Frank C. New- Professor David Weissbrodt, a former student man International Human Rights Law Clinic. The ded- and co- author with Frank of the international law text- ication followed student presentations on their work at book used by numerous law schools, and former mem- the U.N. this Spring. It was made possible by the gener- ber of the U.N. Sub-Commission on Promotion and osity of Frances Newman, his wife, and Holly Newman, Protection of Human Rights wrote: his daughter. Ms. Newman made the following state- “Frank Newman was my teacher, mentor, co-au- ment for the occasion: thor, friend, and skiing partner. He inspired a generation “I know how greatly pleased – and honored – of human rights scholars and activists. Frank Newman Frank would have been by the advent of this new center. taught by word and example not only human rights law With gratitude, our daughter Holly and I look forward and legal analytical skills, but also how to be both a law- to the years ahead, assured that, with the expert guid- yer and a human being. His example should inspire all ance of Professor Connie de la Vega and her successors, who participate in the Frank Newman Clinic.” members of the younger and future generations will Paul Hoffman, the lead attorney in numer- continue Frank’s worldwide pursuit of human rights as dedicated and effective torch-bearers. Contents (On a lighter note --) Thinking about Frank’s dedication I’m reminded of a defining moment with U.N. Human Rights Council 3 a group of young colleagues at a Greek theater in Sir- U.N. Human Rights Committee 4 acusa, Italy. An adjoining cave, “The Ear of Dionysis”, possesses uncanny sound effects, which in ancient times More HRA Advocacy at the U.N. 5 were used to enhance stage performances. As spectators Advancing Women’s Political Participation 5 in the theater, we stood quietly admiring the scene, when suddenly out of the blue a booming voice broke the si- The Role of Militaries in Trafficking 7 lence: NEWMAN RIGHTS! Combating Trafficking in Persons 8 (One from our group had sneaked out to take possession of the Ear – A future cheer or mantra?)” CSW and U.N. Reform 10 Sandra Coliver from the Open Society Justice The Right to Water & Corporate Accountability 12 Initiative spoke fondly about Frank. Professor Connie de la Vega read statements from various other colleagues Promoting Juvenile Justice 13 and former students from around the world who had Migrant Worker Rights Along State Borders 14 not been able to attend. Their remembrances follow. Cruz Melchor Eya Nchama was a refugee from The Right to Vote 15 Equitorial Guinea. Frank hooked up with him in the late Arbitrary Detention in the Dusk of the CHR 17 1970s. Eya, as we all knew him, now works for the City of Geneva helping foreigners assimilate and is the President The Labor Rights of Migrant Workers 18 of the Board of the Grand Saconnex Council. He recalls Litigation 19 asking Frank why the U.S. voted against the resolution

Human Rights Advocates  Vol. 47 ous cases filed under the Alien Tort Claims Act noted out bounced Frank on his way to talk with court staff that “Frank Newman was an inspiration to generations about an issue he was concerned with before his first of human rights activists. He was the most important round of oral arguments. He promptly hugged me and mentor I had as a young professor and activist. No one decided I might know the answer to his question of the had a more important influence on my career and I am moment: Do the justices wear their suit jackets under sure there are many others who feel the same way. His their robes! I should have known then that it would be a infectious enthusiasm for human rights and everyone he wild ride! But such a fun one. worked with have left a lasting legacy for all Newman- Frank Newman was the first person who made ites. I am proud to consider myself a Newmanite.” me feel that I could do anything I wanted in the legal Virginia Leary, Professor Emeritus, SUNY at world. (Certainly the rest of the faculty at Boalt didn’t!) Buffalo, sent a few vignettes which included: “Every I came from a family with parents who hadn’t graduated spring Frank would arrive in Geneva with several stu- from college. And I had a father who told me, “You’re dents to attend the Human Rights Commission annual such a smart girl. You should be a legal secretary.” But meeting. Usually the students knew nothing – Frank Frank made me feel like I could be a public defender, just had a student ask him a question about human a legislative lawyer, a Speaker’s chief of staff -- or any- rights and he would reply, “Come with me to Geneva.” thing else that I wanted along the way. I know he helped Unsuspectingly they arrived and were thrust into the many, many of his students and clerks to pursue their complexities of the U.N. activities with no introduction dreams just as he did me. So it is only fitting that what – those students are today the committed human rights is to be named for him is an institution that will simi- activists and scholars like Connie…. and so many oth- larly inspire many more students in years ahead.” ers. His influence continues throughout the activities of Julianne Cartwright Traylor spoke about the so many he inspired. … Frank’s influence lives on here fact that she was a graduate student in Political Science in Geneva. So many of us will never forget him and we at UC Berkeley when her advisor recommended that see a reminder every year when Connie arrives with her she make an appointment with Frank to speak about students and others come with theirs. taking classes and doing research with him in the field Tanya Smith who works at the Office of the of international human rights law and policy. High Commissioner for Human Rights wrote: “I am As one of his earliest human rights students at very proud to have been a student of Frank Newman, the dedication, she recounted how he was one of the pio- and was very happy to hear USF’s Clinic was being neers in the U.S. working and teaching international hu- named for Frank. Frank for me was a professor in the man rights law and was instrumental in advising mem- very best sense. He made his students feel important bers of Congress in the early 1970s “pre-Jimmy Carter”, and valued. He would give me cuttings of articles in my who wanted to incorporate human rights provisions into areas of interest, and would invite me to meetings where the U.S. “Foreign Assistance Act. She said he always en- he, as former Supreme Court Justice and professor had couraged students to be bold and creative when devising been invited, but for me as a student such encounters strategies and tactics to deal with human rights issues. would have been inaccessible. For me Frank was a great When we would get bogged down in these teacher and as for many, an inspiration. He was someone discussions, he would ask us “how is this going to help who believed in our dreams to work on human rights … people’s human rights?” For him that was the bottom and he did not seem to be able to imagine that people line! This mantra has served us all well in all of these would not be interested in human rights. When I was years! She thanked Frannie Newman for all of the sup- a student, it seemed most people in law school thought port that she had given Frank and us in our work. She that law students could only be focused on a corporate said that it was a great pleasure to see a new generation career, Frank made me feel it was completely normal to of students, such as those at USF, discover the U.N. as want to work in human rights.” many in the room had done a generation before, and that Diane Griffith, Chief Counsel of the California it was fitting to have the International Human Rights Assembly Rules Committee remembered: Clinic named in Frank’s honor. “I first met Frank the day I started work for him Kathy Burke, an immigration and employment at the California Supreme Court. I’d interviewed with attorney and former student of Frank’s, offered four sug- him by phone from Alaska where I was clerking for the gestions for carrying out their work truly in the spirit of Supreme Court there. I walked into the main lobby of Frank Newman: the court’s chambers for the first time and coincidentally 1. Be at least a little outrageous in the way you

Human Rights Advocates  Vol. 47 think about human rights issues, law and procedures! lations of individual rights by their ability to respond That is how progress gets made; quickly to complaints. 2. Be generous in encouraging others who work The Commission also created the Sub-Com- for international human rights. Frank let us all know he mission on Promotion and Protection of Human Rights believed in our ability, and he was lavishly generous with (known prior to 1999 as the Sub-Commission on the his encouragement to go out and use that ability to help Prevention of Discrimination and Protection of Minor- others’ human rights; ities). This body is unusual in that its expert members 3. Be sure you have fun! No matter what great are elected to act in their individual capacity instead as work you do in international human rights law, you government delegates. Both the Commission and Sub- won’t really be doing it in the spirit of Frank Newman Commission had developed very transparent procedures unless you have fun; and and allowed for full participation of NGOs. 4. Be tenacious! This is a quality she admired In addition to its success in drafting the main hu- both in Frank and Connie. man rights treaties, the Commission was also successful She recalled Connie’s work on the juvenile death in addressing human rights violations. Examples include penalty and migrant workers’ rights and said that obvi- the calling of economic sanctions against South Africa ously Connie’s dedication and perseverance are the rea- because of apartheid, the development of procedures that son the Clinic exists at USF – one that carries on the assisted in ending the massive numbers of disappeared work of her mentor, Frank C. Newman. persons in South America, and its resolutions and state- ments affirming the prohibition of the juvenile death penalty which were cited by the U.S. Supreme Court U.N. Human Rights Council in the case holding that the juvenile death penalty was unconstitutional. However, over the past few years, there By Connie de la Vega were charges that the Commission had become too polit- n 3 April 2006, after almost a year of negotiations, ical, that its procedures had become unmanageable, that Othe General Assembly adopted a resolution creat- it could not act quickly to address emergency situations, ing a Human Rights Council to replace the Commission and that among its members were human rights viola- on Human Rights. (GA Res. 60/251, A/RES/60/251 tors. These reasons led the call for reform. Rather than (2006).) The Commission on Human Rights held reform the Commission, the General Assembly decided its last meeting in a two and a half hour session on 27 to create a new body, the Human Rights Council. In the March 2006, taking no substantive action. It is helpful preamble of Resolution 60/251, there is a reaffirmation to understanding what changes may result from the cre- of the indivisibility and universality of human rights as ation of the Human Rights Council to summarize the well as non-discrimination. The right to development is how the Commission functioned. mentioned and the principle of non-selectivity is noted. The Commission on Human Rights was cre- The importance of the role of non-governmental organi- ated in 1946, by the Economic and Social Council zations (NGOs) is acknowledged. (ECOSOC), a body that reports to the General As- Following is a summary of the relevant opera- sembly through its Third Committee. Its 53 members tive paragraphs: are elected by ECOSOC by regions. Each region was Paragraph 1 – the Council will be a subsidiary responsible for electing the members from each group. organ of the General Assembly (and thus will enjoy It met for six weeks in March and April and initially was higher status than the Commission); focused on drafting the major human rights treaties. Paragraphs 2-3 – the Council will be respon- Over the course of its existence it created a num- sible for promoting universal respect, address situations ber of mechanisms to review countries accused of gross of violations of hrs including gross and systemic viola- violations of human rights, regardless of whether they tions and make recommendations, and promote effec- were party to the treaties. These included both a public tive coordination and mainstreaming of human rights procedure under ECOSOC Resolution 1235 and a con- within the U.N. system; fidential procedure under ECOSOC Resolution 1503. Paragraph 5 – Council activities are to include It also developed procedures to examine human rights promotion of human rights education, advisory services issues based on themes, which included working groups and capacity building; serve as forum for dialogue on (with five members) or Special Rapporteurs. Both of thematic issues; promote implementation of obligations these mechanisms became effective in addressing vio- and follow-up on goals; undertake periodic review of all

Human Rights Advocates  Vol. 47 States which shall be based on an interactive dialogue the interactive dialogue with governments that continue with full involvement of the country concerned and with to violate human rights might make it difficult to put consideration of capacity building, and it is not to dupli- pressure on States through the mobilization of shame as cate the work of the treaty bodies; it has in the past. (It is also likely that the first reviews Paragraph 6 – the Council is to rationalize will involve only members of the Council as they obli- mandates and mechanisms with one year; gate themselves to review by becoming members. Paragraphs 7 - 9 – the Council’s 47 members There is also concern regarding the role of NGOs, are elected by secret ballot of majority of GA; countries as the last clause of the paragraph 11 could be used to limit serve for 3 years and cannot be eligible for immediate NGO participation, despite the acknowledgement of the re-election after 2 consecutive terms; members can be importance of their role. At the end of the Commission suspended by 2/3 vote of GA if a member commits meeting, NGOs were told that they had to be prepared gross and systematic violations of human rights. (The for presentation of joint statements – something that has distribution of the members are distributed equitably been encouraged but not required in the past. Joint state- by regions: the African Group will have 13 members; ments can result in the watering down of interventions Asian Group 13; Eastern European Group, 6; Latin and favor NGOs who are based in Geneva. American and Carribean Group, 8; and Western Europe Apprehension also exists that the special rap- and Other Group, 7.) Members will be reviewed during porteurs and working groups that have been effective for their term of membership (terms of first Council will developing standards and addressing individual com- be staggered by the drawing of lots taking into account plaints will not be continued, as well as continuation of geographical distribution); the Sub-Commission as it has made valuable contribu- Paragraph 10 – the Council will meet regularly tions as a body of independent experts. However, at the throughout the year, no fewer than 3 times for no less end of its first session in June 2006, the Council decided than 10 weeks with one main session; to extend all mandates, mechanisms, and functions of Paragraph 11 - the Council is to apply rules of the Commission for a year, as well as the Sub-Commis- procedure established for Committees of the General sion which will meet for three weeks starting on 31 July Assembly and shall include participation of non-member 2006. (A/HRC/1/L.6 (2006).) It also decided to es- states, specialized agencies and other intergovernmental tablish an open-ended intergovernmental working group organizations (ILO, UNICEF, etc.), national human to review and rationalize, if necessary, those procedures. rights institutions, and NGOs based on procedures of (A/HRC/1/L.14 (2006).) The group is supposed to ECOSOC and practices of the Commission, “while en- have transparent and well scheduled consultations with suring the most effective contribution of these entities”; all stakeholders. A similar working group was created to Paragraph 16 – the Council will be reviewed develop the modalities of the universal periodic review after five years. mechanism. (A/HRC/1/L.12 (2006).) Under the resolution, the Council has the po- João Moreira, a Frank C. Newman Intern from tential for some strengths as well as weaknesses. More U.S.F. Frank C. Newman Clinic in the Spring 2006, sessions will make it easier to deal with emergency situa- represented HRA at the first session of the Human tions as they arise, and presumably the requirement that Rights Council. His report on the session will appear in members be elected by the General Assembly rather the next HRA newsletter. than by the regional groups of ECOSOC should keep some of the major violators of human rights off. How- ever, it would be naïve to think that this body will be U.N. Human Rights Commit- able to avoid politics altogether as it is after all a body tee Hears Violations of the In- of government delegations. This is demonstrated by the first Council which includes Pakistan, Saudi Arabia, ternational Covenant on Civil Cuba, and Algeria though it is hard to argue that any and Politcal Rights by the U.S. country is free of human rights abuses. Further, there should be some concern that the lack of transparency in the drafting of the resolution could spill over to the By Anne Wagley functioning of the Council. he United Nations Human Rights Committee Another concern is that the focus on periodic Theld hearings in March for NGOs to comment review could take up all the time of the Council and that on the United States compliance with the Internation-

Human Rights Advocates  Vol. 47 al Covenant on Civil and Political Rights. This was a Directors. unique opportunity for NGOs as the report will not be Six students were prepared to attend the Com- formally reviewed until July in Geneva. Human Rights mission on Human Rights. However, during the course Advocates was among the thirty NGOs to participate. of the semester, there were on-going negotiations on Our testimony concerned juvenile sentencing, specifi- whether to replace the Commission with a Human Rights cally sentences of life without parole for juvenile offend- Council and the status of its meetings was uncertain until ers, voting rights, freedom of association and the right the week before we were scheduled to leave. We did not to life, concerning the high incidence of migrant deaths find out until days before the Commission meetings were on the U.S.-Mexico border, attributable to the changes supposed to start how long the session would last. As in U.S. border policy. a result of last minute negotiations, only Professor de la While many NGOs concentrated their testimo- Vega and João Pinheiro Moreira, also an LLM student, ny on the civil rights violations stemming from the “War were present to attend the last two and a half hour session on Terror,” the Committee demonstrated concern with of the Commission. Nonetheless, the six students kept all articles of the ICCPR, in particular immigration and busy during their stay in Geneva. youth issues, gender and reproductive concerns, and dis- In addition to João, Jeannine Bell ‘06, Trisha parities in school and health funding. Fulliwinder ’06, Kim Irish ’06, Yasmin Khayal ‘07, and Sir Nigel Rodley, member of the Committee Kristina Zinnen ’06, were kept busy attending meetings from the UK, was particularly concerned with the issues of the Aarhus Convention, a European treaty that pro- raised by HRA concerning the 2002 Supreme Court vides for public participation on environmental matters, decision in Hoffman Plastics and its violation of Article meeting staff at the U.N. Office of the High Commis- 22’s right to freedom of association, including the right sioner on Human Rights and the International Labor to form and join trade unions. Hipolito Solari-Yrigoyen Organization, and meeting with government delegates of Argentina asked several questions on the treatment and non-governmental organizations (NGOs). of minorities in the U.S. and raised concerns regarding the proposed Border Wall between the U.S. and Mexi- co. Members of the Committee were clearly concerned with the deterioration of civil rights since the first re- Commission on the view of U.S. compliance with the ICCPR in 1995, and they were also pleased with the active participation of so Status of Women many NGOs. Committee member Wieruszewski cau- tioned that the Committee was overloaded with infor- mation, and urged NGOs to prioritize issues and pres- Quota Systems for ent solid evidence before the hearings in July. Eric Tars, a human rights consultant from Phil- Advancing Women’s adelphia, deserves credit for organizing the NGO pre- Political Participation sentations, and for successfully arranging for additional time with the Committee members. Eric has also been coordinating all the Shadow Reports from NGOs and By Eren Gonen these and other documents are available on the website: t the 50th session of the Commission on the Status http://www.ushrnetwork.org/page210.cfm. Aof Women (CSW), I worked on the equal partici- pation of women in decision-making processes, which was the 2nd agenda item. More HRA Advocacy at the U.N. In order to strengthen my knowledge regarding the advancement of women’s participation in decision- By Connie de la Vega making, I researched a number of articles written by Three students from the University of San Francisco academicians, various nongovernmental and intergov- School of Law (USF) attended the Commission on ernmental organizations, newspapers, and governmen- the Status of Women (CSW) in March, Aly Beck ‘06, tal institutions. I soon became aware of the importance Cari Nutt ‘07 and Eren Goren, an LLM student. They of quota systems in increasing women’s participation in were supervised at the meetings by Julianne Traylor, decision-making processes. Human Rights Advocates’ President of the Board of Despite significant progress, which has been

Human Rights Advocates  Vol. 47 made especially in the last decade, women are not suf- means for this purpose were stated. I tried to address my ficiently involved in political life. As of February 2006, thoughts on this particular issue in some of the caucuses. the world average of women represented in national In addition, I lobbied country delegates to find parliaments is 16.4 per cent and only 19 countries at- sponsors and to ensure that my particular issue was tained the critical mass of at least 30 per cent in wom- addressed in the final resolution. Within these activi- en’s representation. 1 ties, I contacted the delegations of Armenia, Belgium, Many countries adopted special measures in Canada, Germany, Hungary, Iceland, Netherlands, order to increase the number and the role of women South Africa, and Turkey, all of which have been mem- in political life. Quota systems and reserved seats for bers of the Commission. In addition, I found the op- women are viewed as one of the most direct and effec- portunity to talk to the Austrian delegation. This was tive means in accelerating de facto equality between men very important since Austria holds the presidency of and women. To date, 81 nations include such provisions the European Union. It was interesting to listen to all in their constitutions, elections laws, or political party these delegates and also to learn their countries’ posi- laws, which seek to increase women’s political participa- tions on quota systems. tion at the local or national levels. While most of the delegates were supportive in In 1995, Uganda established a reserved seats person, it was not easy to get their countries’ official sup- system, which increased female representation in the port. I was glad to see that most of the European Union Parliament from 1 per cent to a high of 18 per cent in member states and African countries were receptive to 5 years. Today, 10 years after the introduction of this quota systems. On the other hand, it was disappointing system, the percentage of women in the parliament is to see that some delegates from countries where women 24.7. South Africa also increased women representa- are really underrepresented were not even interested in tion from 2 to 30 per cent in the same period by the the subject. help of quota systems. Rwanda, by adopting a quota On my last day at the U.N., I had a phone call system, which was first implemented in the 2003 par- from one of the Austrian delegates informing me that liamentary elections increased women’s representation the delegations from European Union member states in the Parliament to 48.8 per cent. These two post- agreed on including a specific language on quota sys- conflict countries, Rwanda and South Africa, are good tems in their common recommendations package. As examples that demonstrate how quota systems insti- a consequence of all the efforts made by the NGOs, tuted as part of peace processes can increase women’s some delegations, and the Commission itself a specific representation. paragraph on candidate quotas was introduced in the Alternatively, countries that abolished quota Agreed Conclusions, by which governments, national systems witnessed a dramatic decline in women’s repre- parliaments, and political parties were urged to adopt sentation in their national parliaments, including Alba- temporary special measures, including quotas, for nia, Hungary and Romania. achieving equitable representation of women candi- In my report regarding the advancement of dates in elected positions. 2 Though it doesn’t suffice women’s political participation, I recommended the to ensure gender equality in political life, it is good to Commission adopt a specific language in its final res- see that specific language was devoted for quota sys- olution to urge governments as well as political par- tems for women. ties to adopt all necessary measures, including quota I think our participation in the 50th Session of systems for all elective and non-elective positions, for the CSW was successful and it was a very valuable ex- increasing the number and the role of women in deci- perience for me. sion-making. Along with my report, I went to the U.N. with a hope of making a positive impact on the delegates and getting their support on my recommendation about quota systems. 1. Source: Inter-Parliamentary Union, (www.ipu. It was really an exciting time to be at the U.N. org). headquarters. Aly, Cari, Julianne, and I participated in 2. The Commission on the Status of Women draft a lot of caucuses and panels. In almost every caucus and agreed conclusions, 50th session, E/CN.6/2006/L.9, panel the immediate need to increase women’s represen- para.17 (y). tation and quota systems as one of the most effective

Human Rights Advocates  Vol. 47 The Role of Militaries in Cre- condemn “in strongest terms” all acts of sexual abuse and exploitation by global U.N. peacekeeping personnel. 4 ating Demand for Trafficking Substantial questions also remain about the ef- ficacy of the zero tolerance policy. The number of com- By Alyson Beck plaints of sexual violence against peacekeepers received he Role of Militaries in Creating Demand for Traf- by the Office of Internal Oversight Services (OIOS) in Tficking. I was honored to represent Human Rights 2004 was more than double the number reported in the Advocates and the USF Frank C. Newman Internation- previous year. In 2005, the OIOS reported 295 peace- al Human Rights Clinic at the 50th Commission on the keeping personnel complaints, including 191 military Status of Women (CSW). I used my research to lobby personnel, 84 civilians, and 21 police. resolution language concerning the continuing role of We should use the momentum of the U.N.’s new government military, U.N. peacekeepers, and private era of acknowledgement of complicity by peacekeeping military companies in the human trafficking crisis. personnel to extend zero tolerance norms to private mil- The CSW is at once daunting and inspiring. It itary companies as well. becomes immediately apparent that one cannot save the world in one session. However, with patience, skill and U.S. Policy on Military Demand for Trafficking dedication, there is an abundant potential for positive Our efforts at the U.N. are especially significant in light legislative change. of current U.S. policy on military demand for traffick- At the CSW, I quickly learned that lobbying is ing. Today, the U.S. espouses a “zero tolerance policy” an elegant legislative calculus, requiring a fine balance of for its own military demand for trafficking, spear- diplomacy and assertiveness. You have to be aggressive headed by the Bush administration in 2003 following tracking down delegates, but once you have captured the implementation of the federal Trafficking Victim’s their attention, you cannot risk scaring them away! Protection Act of 2000. The importance of teamwork in the process is However, due to aggressive efforts by the U.S. also paramount. Just as there is no magic bullet that will Defense Contracting lobbying groups, under the um- cure the human trafficking crisis, there is no single advo- brella group Council of Defense and Space Industries cate that changes the human rights landscape in one fell Association, the Pentagon has been unable to extend the swoop. Instead, working with the HRA team of Con- “zero tolerance policy” to its own private military con- nie de la Vega, Julianne Traylor, Cari Nutt, and Eren tractors. This is tantamount to creating complete im- Gonen was inspiring because we carried about both our punity for U.S. private military companies to engage in individual messages and our collective voice on behalf a well-documented continuing pattern of human rights of HRA. We used our individual talents to navigate abuses, including the proliferation of demand for hu- U.N. mechanisms skillfully and in a way that efficiently man trafficking and the resulting sexual exploitation of and respectfully distributed our important messages. women and children. As a result, our group’s short statement, including the military demand issue, was published as an official U.N. The New Face of Military Demand document by the CSW. 1 for Sex Trafficking: PMCs The problem of private military demand for trafficking is The State of Current U.N. Anti-Trafficking Legislation 1. E/CN.6/2006/NGO17. U.N. progress in the human trafficking crisis has faltered 2. U.N. Protocol to Prevent, Suppress and Punish because of issues of form versus substance. Although the Trafficking in Persons, Especially Women and Chil- U.N. enacted a groundbreaking anti-trafficking protocol dren, Supplementing the United Nations Convention in 20002, it has been plagued with problems of effective Against Transnational Organized Crime (2000). implementation and enforcement. 3. Elizabeth M. Bruch, Models Wanted: The Search This is largely because an institutional “culture of for an Effective Response to Human Trafficking, 40 dismissiveness” has prevented the U.N. from acknowledg- STAN. J. INT’L L. 1, 6 (Winter 2004). ing its role in procuring trafficking until very recently.3 4. United Nations Press Release SC/8400, Security Despite the adoption of a “zero tolerance policy” towards Council Condemn ‘In the Strongest Terms’ All Acts of trafficking in 2002, it was not until May 2005 that the Sexual Abuse, Exploitation by U.N. Peacekeeping Per- Security Council held its first ever meeting to address and sonnel, May 31, 2005.

Human Rights Advocates  Vol. 47 complex and continues to evade accountability. The pri- My lobbying efforts with delegates were reward- mary reason is that private military companies (PMC’s) ing and worthwhile. In particular, I spent considerable are not held to the same standard as state militaries and time and effort making contact with delegates from Bo- operate with virtual immunity to criminal prosecution. tswana, South Africa and India and continued to edu- Evidence demonstrates that private military cate them and members of their respective delegations. companies reject internationally accepted human rights Despite the mountain of evidence available on norms. For example, the U.S. contracted out to the PMC the issue, delegates were generally not well informed on DynCorp. International in the 1990’s, which was sent to the role that militaries continually play in the demand train international police task forces (IPTFs) on behalf for human trafficking and sexual exploitation. In our of the U.N. In 2000, DynCorp. employees were found meetings, some delegates were visibly shocked. I con- to have raped local women, and procured networks of tinued to provide them with evidence, including names, sex trafficking rings, in conjunction with other U.N. of private military companies that are among the most troops from Jordan, Pakistan, and Germany. Although complicitous in human trafficking rings today. eight DynCorp. employees were ultimately dismissed, no employees were ever criminally prosecuted for their Conclusion role in the trafficking ring. It is vital that HRA continue to examine the role of the The failure to prosecute DynCorp. employees U.S., and current U.N. trafficking legislation concerning for their direct participation in the sex trafficking scan- the issues of government military, U.N. peacekeepers, and dal was a breakdown of accountability, threatening the private military companies in the human trafficking crisis. human dignity and rights of the trafficking victims in- Thank you, HRA for giving me this tremen- volved, and sending a dangerous message to private mili- dous opportunity. These invaluable lessons will travel tary companies that they are beyond the reach of global with me to promote human rights in the future. justice.

The 50th CSW and Anti-Trafficking Measures Enhanced Participation of This year’s Commission exemplified why HRA must Women in Development to continue to keep the military demand for trafficking issue on the surface of the CSW agenda. The agreed Combat Trafficking in Persons conclusions focused on the two primary thematic issues: (1) creating an enabling environment and (2) women’s By Caryn Nutt equal participation in decision-making processes. Un- lyson Beck, Eren Gonen, Julianne Traylor and I fortunately, there was little to no reference to human Arepresented Human Rights Advocates at the 50th trafficking in these documents. Moreover, additional Session of the Commission on the Status of Women draft resolutions did not surface until the end of the first (“CSW” or “Commission”), held in New York from week, and also failed to contain reference to trafficking February 27 – March 10. The discussions at the Com- specifically. mission focused on two thematic issues: the equal par- It appeared that the CSW was burying the hu- ticipation of women in democracy and the enhanced man trafficking agenda. As a result, with little possibil- participation of women in development. My report fo- ity for legislative reform in sight, I refocused my aggres- cused on how the enhanced participation of women in sive lobbying efforts towards educating the delegates. I development helps eliminate the “supply” of trafficking spent the first week of the Commission making neces- victims in countries of origin. sary contacts with many women from NGOs from all As HRA has been reporting of years, trafficking over the world. I joined the U.S. Caucus, the Linkage in persons is a modern day form of slavery and a gross Caucus and the Trafficking Caucus in order to find the violation of the human dignity of trafficking victims. It appropriate forum to shop my research and proposed is estimated that between 600,000 and 800,000 persons resolutions. I contributed language on military demand are trafficked across international borders each year. for sex trafficking that was subsequently incorporated Trafficking in persons is fueled by globaliza- into an action letter and presented to the U.S. delega- tion and governed by supply and demand forces. In this tion. I also spent a day working with Julianne making global slave trade, women and children are bought and extensive revisions to our group’s oral intervention. We sold, lured with the promise of opportunity abroad and were proud to have Cari deliver it with great skill. traded into forced labor or sexual slavery for profit. The

Human Rights Advocates  Vol. 47 trafficking industry provides huge profits for those will- tant human rights issue. Under my proposal, the new ing to trade in human beings; it is estimated that traf- agreed conclusion would directly follow the proposed ficking generates nine billion dollars (USD) in profits language and would specifically address the issue of for traffickers each year. human trafficking. Poverty and lack of employment opportunities Even though I thought that the close parallels in supply-side countries are considered one of the root would make it easier for delegates to accept my proposed causes of trafficking in persons. Increased participation resolution language, it didn’t turn out to be the ‘easy in’ of women in development through employment and that I thought it would. Everyone that I spoke with job training programs is a key component in the fight agreed that human trafficking was an important issue. against trafficking. Successful programs must be tai- However, many delegates seemed to believe that the lored to the local market by teaching skills in demand broad language of the draft agreed conclusions covered within the community. the same issues that my proposed language addressed, Employment programs can open the job mar- and that there was no need for further specificity. ket and allow women to participate in traditionally male Although I continued to stress the importance dominated jobs, which often pay more than traditionally of highlighting this particular issue and of making sure female dominated jobs. Greater participation of women that the agreed conclusion language was tied to specific in the workforce will decrease women’s dependence on violations of women’s human rights rather than broad men, making them less vulnerable to traffickers if their statements of poorly defined discrimination against economic support is withdrawn. women, I found that the resistance to specificity, in par- By focusing on the supply and demand dimen- ticular to lists in any resolution language, was pervasive sions of human trafficking and tailoring local responses among the delegates. Final agreed conclusion language to a country’s position in this system, the forces driving has yet to be released, but will be available online at the multi-billion dollar human trafficking industry can www.un.org/womenwatch/daw/csw when it is finally be eliminated and the modern-day slave trade can be released. eradicated. In addition to monitoring discussions at official In preparation for the Commission, my col- meetings and lobbying delegates on our issues, HRA leagues and I co-authored a short statement that was was one of a limited number of NGOs selected to make submitted to the U.N. prior to the Commission (State- an oral statement during the first week of the Commis- ment submitted by Human Rights Advocates, a non- sion. We delivered our statement at the high-level panel governmental organization in consultative status with on emerging issues, which addressed the gender dimen- the Economic and Social Council, E/CN.6/2006/ sions of international migration. NGO/17). The statement we delivered discussed the sup- In writing both this statement and a longer re- ply and demand dimensions of trafficking. It addressed port on my topic, I conducted research that I used to both the enhanced participation of women in develop- draft proposed resolution language that I sought to have ment as a means of combating the “supply” of trafficking included in the CSW agreed conclusions. I was pre- victims and the role that U.N. peacekeepers, militaries, pared to lobby delegates to include the resolution lan- and private military companies play in increasing the guage that I had drafted on this issue. “demand” for trafficking victims. I found that my proposed resolution language I would like to thank Professor de la Vega, Hu- mirrored the draft agreed conclusion language that the man Rights Advocates, and the University of San Fran- delegates were already considering, so I focused on lob- cisco for the opportunity to attend the United Nations bying delegates to sponsor additions to that language. Commission on the Status of Women. It was an in- It is possible that the language was so close because we valuable experience to personally observe the workings sent letters to the CSW Bureau before the Commission of the U.N. system and use the U.N. mechanisms to that contained suggested language. I found that the work on an important issue in the international com- best way for me to talk with delegates was to observe munity. The Frank C. Newman International Human the official meetings and approach delegates as they left Rights Law Clinic provided me with an opportunity to those meetings. hone my writing and oral advocacy skills and clarified The amendment I proposed to delegates would the importance of NGO participation in ensuring that have focused on trafficking, providing the agreed con- important human rights issues remain a part of the dis- clusion with more concrete anchoring to an impor- cussions at the Commission.

Human Rights Advocates  Vol. 47 The CSW, U.N. Reform and ing role in the future methods and work of the CSW and this was recognized in operative paragraph 13 of the the Human Rights Council final text of the resolution. The resolution also proposed that the CSW By Julianne Cartwright Traylor discuss at fifty-third session (2009) the possibility of aryn Nutt, Alyson Beck and Eren Gonen (see ar- conducting in 2010 a review and appraisal of the Beijing Cticles above) have given you brief and concise re- Declaration and Platform for Action and the outcome ports on the excellent work that they did as Edith Co- of the twenty-third special session of the General As- liver interns at the CWSW meetings in New York. As sembly (on the occasion of the Bejing+5 review). you gleaned from their reports, NGO collaboration and Once again the CSW decided to postpone – advocacy played a very crucial role once again in the out- until its 2007 session, the decision of whether or not to come of this year’s session. The two agreed conclusions appoint a special rapporteur on laws that discriminate on “Equal participation of women and men in decision- against women. The CSW adopted other resolutions making processes at all levels” (E.CN.6/2006/L.9) and on women and girls in Afghanistan, Palestine, women “Enhanced participation of women in development: and children hostages in armed conflicts, women, the girl an enabling environment for achieving gender equality child and HIV/AIDS (see Report on the fiftieth ses- and the advancement of women, taking into account, sion, U.N. document E/2006/27, E/CN.6/2006/15). inter alia, the fields of education, health and work” As in previous years, the NGOs met in many re- (E.CN.6/2006/L.10) reaffirm the Beijing Declaration gional and issue-area caucuses and the Linkage Caucus, and Platform for Action, and the outcome documents which included discussions of the work of all of the cau- of other U.N. sessions and conferences such as the 2005 cuses, was convened by the Women’s Environment and World Summit, provisions of the Universal Declaration Development Organization (WEDO), Center for Global of Human Rights, the two Covenants on Human Rights Women’s Leadership (CWGL), and the NGO Commit- and CEDAW, for example. tee on the Status of Women. The operation of the caucus In addition to the two agreed conclusions, an- groups, the daily NGO briefings, and regular briefings of other very important area of work at this year’s session some of the government delegations were crucial in dis- of the CSW was its work on examining its future organi- seminating information about what was happening in the zation and methods of work (document E/CN.6/2006/ formal CSW sessions and working groups. L.8). In summary, the Commission decided to consider In addition, the large number and wide variety one priority theme at each session, based on the Beijing of scheduled parallel events were also important ways Platform for Action and the outcome of the of the twen- for NGOs to share information about the work that ty-third special session of the General Assembly. For they were doing on the grass roots level and for NGO the 2007 CSW session, the priority theme will be “The representatives to interact and discuss issues with U.N. elimination of all forms of discrimination and violence officials. To put the CSW discussions into context, they against the girl child”: for 2008, “Financing for gender were occurring simultaneously with the discussions and equality and the empowerment of women” and for 2009, decisions on the fate of the Human Rights Commission “The equal sharing of responsibilities between women and the new U.N. Human Rights Council Therefore, and men, including caregiving in the context of HIV/ one of the most valuable and informative of these events AIDS”. was the one sponsored by the Office of the High Com- Thirdly, the CSW decided that annually it will mission for Human Rights, the International Federation discuss ways and means to accelerate implementation of Women Lawyers and the Women’s United Nations of the previous commitments made with regard to the Report Network entitled “U.N. Special Rapporteurs, priority theme,` including conducting an interactive the Human Rights Council and NGO Networking” high-level round table discussion to focus on experienc- which occurred on Friday, March 3rd. es, lessons learned and good practices, results and with One of the other main topics of discussion among – where available, supporting data. There will also be NGOs at this year’s CSW session was the isseue of gen- two interactive expert panels to identify key policy ini- der equality and U.N. Reform. By way of background, tiatives and on capacity building on gender mainstream- earlier this year in February – coincidentally just a couple ing in relation to the priority theme. The NGOs at the of weeks before the CSW began, the Secretary-General CSW were very active in their advocacy work on this had just announced the formation of a high-level panel to resolution to make sure that they would have a continu- explore how the U.N. system could work mre coherently

Human Rights Advocates 10 Vol. 47 and effectively across the world in the areas of develop- In summary as the Note points to next steps, ment, humanitarian assistance and the environment. It women’s groups are urged to provide the Panel members had been called for in the Outcome Document of the with information about women’s experiences as they en- 2005 World Summit. Dubbed the “Coherence Panel”, it gage various U.N. agencies in their work on all levels, na- consists of 15 members, 3 of them women. (See www. tional, regional and international providing concrete ex- un.org/News/Press/docs/2006/sgsm10349.doc.htm). amples and data, including examples of not only failures At the CSW session, 240 women (including too deliver on gender equali9ty and women’s empower- HRA) from over 50 countries and by numerous in- ment, but also successes on the ground with information ternational and regional organizations sent an Open on why they worked. They are also urged to speak with Letter repeating a call that they had made at the 2005 Panel members in their countries / regions www.wedo. World Summit for U.N. systems and mechanisms to org/files/mayjuneunreform.html). because the Panel be significantly strengthened, upgraded and resourced members will probably be recommending changes in in order to advance gender equality at international and gender architecture or a process for doing so to the U.N. country levels. They expressed deep disappointment Assembly Session convening in September 2006. and outrage “…that gender equality and strengthening Already there have been results from women’s the women’s machineries within the U.N. system are advocacy. Now the Secretary General has mandated barely noted, and a re not addressed as a central part of that gender mainstreaming be considered a cross-cut- the reform agenda.” They cited the above composition ting issue and the Panel’s work will now review both “… of the Coherence Panel as just an example of the U.N.’s the gender architecture” of the U.N. and gender main- failure to display a consistent and visible commitment streaming as part of its official assessment.” (See June to gender equality and women’s empowerment. They Zeitlin, “Women’s Groups Influence U.N. Reform”, at called for additional women to be added to the panel www.wedo.org/files/mayjuneunreform.html). and for gender equality issues to be explicitly be con- At the time of the writing of this article, the sidered under each theme of the Panel’s work. They U.N. is convening a “Stakehold Forum for a Sustain- recommended that :…the panel should be mandated to able Future in Geneva (July 2nd) to get input from civil hold consultations with civil society groups, especially society organizations into the work of the High Level those working with women’s rights, in order to ensure Panel on System wide Coherence and the Sustainable consideration of the impact on women of any proposed Development Dialogues. The four main topics are: reforms. Citing that the position of women in high-lev- 1) improving U.N. system-wide coherence: opportu- el U.N. posts has stagnated, it pointed out that some nities and challenges; 2) Gender: mainstreaming and high-level vacant positions have no women candidates institutional architecture; 3) Human rights: coherence, listed. (see Open Letter, e.g., at www.cwgl.rutgers.edu/ mainstreaming and effectiveness; and 4) Sustainable de- globalcenter/policy/unadvocacy/index/html.) For an velopment: mainstreaming, normative to operational excellent outline of the issues involved and proposals for and institutional issues. ( HRA will be reporting on the consideration and action concerning the issue of gender work of the Panel at the September Session of the Gen- equality within the context of the U.N. Reform Process, eral Assembly in the next issue of the Newsletter). see “Briefing Note on Women’s Rights and the “Coher- Finally, a few points about mainstreaming gen- ence Panel” in the U.N. Reform Process drafted by the der equality, U.N. Reform and the new Human Rights African Democracy Forum, Association for Women’s Council. Connie de la Vega has given an excellent over- Rights in development, Baha’i, International Commu- view of some of the legacy of successes of the Human nity, BAOBAB for Women’s Human Rights, Center for Rights Commission and some of the issues concerning Women’s Global Leadership, Development Alternatives the work of the new Human Rights Council. One is- with Women for a New Era, International Center for sue area which I would like to pose some questions con- Research on Women, International Planned Parent- cerns the relationship between the Council / Office of hood Federation-Western Hemisphere, International the High Commissioner for Human Rights (OHCHR) Women’s Tribune Center, Women Living Under Mus- and the Commission on the Status of Women / Divi- lim Laws, Women’s Environment and Development Or- sion for the Advancement of Women (DAW). Hereto- ganization, and Women’s International League for Peace fore, there had been an imbalance between the resources and Freedom, at www.wedo.org/library.aspx?Resource. and infrastructure devoted to the Human Rights Com- The Note also includes a summary of a meeting with mission /UNHCHR and CSW and DAW. With the the U.N. Secretary General on May 3, 2006. new human rights architecture at the U.N. now in the

Human Rights Advocates 11 Vol. 47 form of the HR Council reporting directly to the Gen- importance of international recognition of the right to eral Assembly with more resources, will the CSW and water and the necessity of developing and adhering to DAW be even further marginalized in the overall U.N. international standards that hold corporations account- human rights architecture? How will the joint workplan able for human rights violations, including the right to for DAW and the OHCHR be affected by these chang- water. Bolivia’s struggles with water privatization illus- es? (See latest workplan, doc. E/CN.4/2006/59 – E/ trate the tense intersection of (1) the right to water, (2) CN.6/2006/9). What will happen to CEDAW which privatization, (3) the loan conditions imposed by the is now serviced by the DAW? Will there be attempts to World Bank and the International Monetary Fund, (4) move it to the enhanced human rights infrastructure in corporate accountability and (5) state’s obligations to Geneva? On a positive note, the members of the Hu- protect and promote the right to water.1 In the city of man Rights Council voted to extend all of the mandates, Cochabamba, as an incentive to privatize the city’s wa- mechanisms, functions and responsibilities of the Com- ter system, the World Bank conditioned a $14 million mission on Human Rights, including that of the Special dollar loan to the city and $600 million in international Rapporteur on violence against women, Dr. Yakin Er- debt relief to Bolivia’s president.2 Sole-bidder of the wa- turk. (See www.un.org/apps/news/printnews.asp). ter privatization scheme, Bechtel, leased the city’s water HRA will continue to be involved in the work system until the year 2039.3 In the subsequent weeks on these issues at the U.N. and to report back to you in of the privatization, some water bills had increased by future issues of the newsletter. 200% and others by greater percentages.4 Fervent resis- tance was posed by citizens, which erupted into a general strike and subsequent violence in the city of Cochabam- ba, resulting in the government rescinding the contract.5 Commission on Bechtel fired back in November 2001, launching a $25 million suit against Bolivia at the International Centre Human Rights for Settlement of Investment Disputes – ICSID (a non- transparent forum) operated by the World Bank.6 On January 19, 2006, Bechtel agreed to drop their case in HRA’s Advocacy of the the ICSID for a token payment of 2 bolivianos – ap- proximately 30 cents.7 Right to Water and Cor- Several international conventions, such as the porate Accountability Convention on the Elimination of All Forms of Dis- crimination Against Women8 and the Convention of the Rights of the Child9 have explicitly recognized the right By Jeannine Bell to water as a fundamental human right. While the Com- ater is essential to life yet a worldwide crisis over mittee on Economic, Social, and Cultural Rights has pre- Wwater continues to plague our society. Fresh wa- viously recognized water as a fundamental human right ter and access to drinking water continue to be crucial in General Comment on the Right to Water (2002)10, factors in the sustainability and success of civilizations. many governments have not implemented their obliga- According to the World Commission on Water for the tions to provide equitable access to clean water supplies. 21st Century, over 1 billion people are without access to In addition to the international recognition, sev- clean water - approximately one out of every six people eral states have begun to recognize the fundamental hu- on Earth does not have access to safe drinking water. man right to water. In 2004, a successful public referen- Further, almost 4 billion are without adequate sanita- dum in Uruguay added the human right to water to its tion services. The World Health Organization estimates Constitution, with over sixty-four percent of the popu- that 80 percent of illnesses are transmitted by means of lation voting in favor of the amendment. Also, the pro- contaminated water. The U.N. estimates that if current posed Kenyan Constitution of 2005 recognizes the right trends in water systems continue, by 2025, more than to water and sanitation. While these advances are to be two-thirds of the world’s population will not have access applauded, the broader recognition of the right to water to enough water. must continue to be forthcoming around the world. As a part of the International Human Rights My report on behalf of HRA (E/CN.4/2006/ Clinic, I prepared a report on the right to water and NGO/83), notes that governments need to develop corporate accountability. I specifically focused on the global standards to hold corporations accountable for

Human Rights Advocates 12 Vol. 47 all human rights violations, including the right to water. democratic context and it is forging a new process for While the Sub-Commission on the Promotion and Pro- public participation in the negotiation and implementa- tection of Human Rights by the United Nations High tion of international agreements. Commission on Human Rights has developed draft We attended days one and two of the three day “Norms on the Responsibilities on Transnational Cor- Aarhus Convention Compliance Committee meeting porations and Other Business Enterprises with Regard where we watched the committee review compliance in to Human Rights” (E/CN.4/Sub2/2003/12/Rev.2), Poland, Turkmenistan, Hungary and the Ukraine. It was which are draft norms on corporate accountability, the interesting to see how the Committee functioned and Sub-Commission must explicitly demand State parties determined how to move forward with the case studies. to ensure that corporations do not interfere with the In addition, I spoke with a Committee member and the enjoyment of the right to water and sanitation or any Committee Chairman regarding the Right to Water and other human rights and that privatization schemes be their work in their countries regarding the link between regulated by governments to guarantee the protection of environmental and human rights. human rights. Although I wasn’t able to attend the Commis- While at the U.N., our group sat in on the sion on Human Rights, the experience I had in attend- Aarhus Convention Compliance Meeting. The Aarhus ing a committee meeting gave me a glimpse into how Convention is apart of the U.N. Economic Commission different bodies of the U.N. function. for Europe Convention on Access to Information, Pub- lic Participation in Decision-making and Access to Jus- tice in Environmental Matters. The Aarhus Convention Promoting Juvenile Justice is an environmental agreement that links environmental rights with human rights and government accountabil- By Trisha Fullinwider ity with environmental protection. It focuses on inter- went to Geneva to work on juvenile justice. (I submit- actions between the public and public authorities in a Ited a short statement on the topic of Juvenile Justice which is available at “Issues Relating to the Administra- 1. Jim Shultz, Bolivia’s War Over Water, The Democ- tion of Juvenile Justice,” E/CN.4/2006/NGO/86. With- racy Center (2003), http://www.democracyctr.org/ in that broad topic, I wanted to address three smaller bechtel/the _water_war.htm (last viewed January 24, topics: the death penalty for child offenders; life without 2006) 2, 11 (hereinafter “Bolivia’s War Over Water”). parole (LWOP) sentences for juveniles; and the need for 2. Id rehabilitation within juvenile incarceration and deten- 3. Id tion programs and facilities. I spent my time speaking 4. Water Privatization Fiascos: Broken Promises and with different delegates and NGOs on these topics. Social Turmoil, Public Citizen (2003) 5, 11 (hereinaf- Although the U.S. Supreme Court ruled that ter “Water Privatization Fiascos”). the juvenile death penalty was unconstitutional in March 5. Bolivia’s War Over Water, 6. 2005, the death penalty for child offenders remains a 6. Id., 9. problem. Iran continues to execute child offenders and 7. Bechtel v. Bolivia, The Democracy Center, http:// sentence child offenders to death. In 2005, Iran executed www.democracryctr.org/bechtel/bechtel-vs-bolivia. eight child offenders and has already sentenced two addi- htm (last viewed January 24, 2006) 1-2, 3. tional juveniles to death this year. Saudi Arabia also sen- 8. Convention on the Elimination of All Forms of tences child offenders to death. Judges have discretion to Discrimination Against Women art. 14, para. 2(h), determine whether a child offender should be tried as an Dec. 18, 1979, 1249 U.N.T.S. 13. adult according to factors such as the tenor of the child’s 9. Convention on the Rights of the Child art. 24 voice and appearance of pubic hair. Recently, a 14-year para. 2(c), Nov. 20, 1989, 1577 U.N.T.S. 3. old boy was sentenced to death. 10. U.N. Econ. & Soc. Council [ECOSOC], Com- With respect to LWOP for juveniles, the U.S. is mittee on Economic, Social, and Cultural Rights: by-far the major violator, with over 2,225 juveniles serving Substantive Issues Arising in the Implementation of life sentences. There are reportedly no more than 12 child the International Covenant on Economic, Social, and offenders with this sentence in the rest of the world. Cultural Rights, 1 U.N. Doc. E/C.12/2002/11 (Jan- The third prong of my topic came from personal uary 20 2003) (hereinafter “General Comment on the experience interning and volunteering with criminal jus- Right to Water”). tice agencies and organizations in the U.S. where there

Human Rights Advocates 13 Vol. 47 is a blatant absence of rehabilitation programs, especially I learned a lot professionally and on the nuances of the for incarcerated or detained juveniles. This is a worldwide U.N. and working in Geneva. problem. As such, we introduced three examples of al- ternative models: Germany’s restorative justice, the Texas Gidding State School, and the Georgia Justice Project. Ensuring Migrant Workers’ Right to Life Along Meeting with Delegates In terms of lobbying , the cancellation of the Human State Borders Rights Commission was actually a blessing in disguise. It allowed us to get private audiences with the Swiss and By Kimberly Irish Austrian delegates. y work focused on migrant workers’ right to life The Swiss delegate was especially interested in Malong state borders, which is protected under the the death penalty in the U.S. He was interested in the International Covenant on Civil and Political Rights. case of a man on death row in San Quentin who is mar- I researched three main areas where migrants’ right to ried to a Swiss citizen. The delegate has followed this life has been threatened: where a government’s border man’s death penalty case for fourteen years. The delegate policy causes migrant deaths, where private persons or was also quite interested in the juvenile death penalty and groups violate migrants’ right to life, and where govern- life without possibility of release sentences. Hopefully ment border officials violate migrants’ right to life. In Switzerland will help ensure the topic of juvenile justice my research I focused on two main examples of these is addressed by the new Council and that substantive violations: problems occurring along the United States- resolutions come out on the subject as soon as possible. Mexico border and the current situation in North Af- Meeting with the Austrian delegate was also rica concerning Spain and Morocco. useful because we again had the opportunity to educate After the U.S. changed its border policy in 1994, on the severity of LWOP sentences in the U.S. Austria entry points in major cities closed and migrants were also currently holds the European Union presidency. forced to cross the U.S.-Mexico border in remote areas. Furthermore, the Austrians have sponsored a juvenile Despite the harsh conditions faced by migrant workers, justice resolution in the past and are looking to intro- many continue to risk their lives hoping to obtain better duce a resolution on juvenile justice issues to the Gen- opportunities for their families. The U.S. Customs and eral Assembly. Border Protection agency reported that in 2005, some 464 migrants had died as of September 30.1 Most of the Meeting with Defense of Children International deaths were due to the extreme temperatures of the Ari- We also met with Defense of Children International zona desert. This is an example of how a government’s (DCI), an international non-government organization. border policy has caused migrant deaths. They originated in the Netherlands and currently have The United States House of Representatives ‘associate offices’ in many countries, including some that voted in December 2005 to require the Department of we highlight as ‘bad guys,’ including the U.S., Iran, Saudi Homeland Security to build fences along 698 miles of Arabia, Israel and South Africa. We hope these associ- the U.S.-Mexico border.2 This new policy may result in ate offices will enable DCI to get better information on additional deaths if migrants are pushed into even more juvenile justice conditions within these countries. remote areas to avoid the fences. When we met with DCI, I realized that fre- Following the September 11, 2001 terrorist at- quently LWOP sentences are overlooked due to a focus tacks in the U.S., there was an increase in the number on the juvenile death penalty issue. We took this time of militia-like groups forming along the U.S.-Mexico to educate DCI about LWOP in the U.S. and to make border. Vigilante groups have hunted, detained, beaten, sure LWOP was treated as a human rights violation in- and even killed migrants.3 These groups do not have dependent of the juvenile death penalty. the training or authority to determine who should be We had sent ahead our draft resolutions and we allowed to enter the U.S. Members of such groups op- were very encouraged to see that DCI’s proposed reso- erate outside the law and interfere with the U.S. Bor- lutions contained the issues we were concerned about. der Patrol’s ability to perform its job. They are often Hopefully our proposed resolutions influenced DCI not aware of migrants’ protected rights and frequently and we will continue to work with them in the future. violate them. The vigilante groups operating along the All in all, it was an amazing trip. I am confident U.S.-Mexico border are an example of how private per-

Human Rights Advocates 14 Vol. 47 sons or groups violate migrants’ right to life. Rights of All Migrant Workers and Members of Their The situation involving Spain and Morocco Families, people who work with the Commission on demonstrates how government officials have also con- Human Rights procedures including the Special Rap- tributed to the deaths of many migrants. In fall 2005, porteur on the Human Rights of Migrant Workers, as dozens of sub-Saharan African migrants attempting to well as someone who works for the Special Rapporteur cross the border fence from Morocco to the Spanish on Trafficking in Persons. enclaves of Ceuta and Melilla were brutally treated or It was a truly unique opportunity to meet with killed by law enforcement officials.4 all of them, because had the Commission held a regu- In my report, I urged the Commission on Hu- lar session, they would not have had the time available man Rights to forward the mandate on migrant workers to see us. We gave them copies of our reports and dis- to the new Human Rights Council and recommend that cussed our work on migrant workers. They suggested the Council urge the Special Rapporteur on the Human that we review their report on Mexico and provide them Rights of Migrants to educate Member States, particu- with feedback. In addition, the assistant to the Special larly border communities, on the human rights of mi- Rapporteur on the Human Rights of Migrants asked us grants and how to decrease violence along state borders. for suggestions on where the Special Rapporteur should I also recommended that Member States work to pre- visit on an upcoming trip to the U.S. vent private persons or groups from enforcing immigra- My work in the Frank C. Newman Interna- tion laws and border controls and prosecute violations tional Human Rights Clinic has been a highlight of my of the law that result from such conduct. time in law school. I learned so much about the practi- Though we were not able to carry out our work cal work of international human rights law and I hope in Geneva exactly as we had intended, we were still able to continue this work in my future career. Thank you to meet with a variety of people and lobby, which was a to Human Rights Advocates, Professor de la Vega, and valuable experience. I met with a woman who works for USF for this valuable opportunity. the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions. I presented her with a copy of my report and told her about the work I had done this semes- The Right to Vote ter on migrant workers’ right to life along state borders. She expressed interest in the situation concerning Spain By Yasmin S. Khayal and Morocco, as her office had investigated that situa- he right to vote is one of the most important expres- tion. The Special Rapporteur has sent communications Tsions of true democracy and is essential for stable to Spain and Morocco concerning excessive force used and efficient democratic societies. It is ensured in the In- against migrants and has received no response from Mo- ternational Covenant on Civil and Political Rights, which rocco, but a largely satisfactory response from Spain. states that every citizen shall have the right Professor de la Vega, Kristina Zinnen, and I met with a large group from the Office of the United [to] take part in the conduct of public affairs, di- Nations High Commissioner for Human Rights. We rectly or though freely chosen representatives; [t]o met with people who work with treaty procedures such vote and to be elected at genuine periodic elections as the International Convention on the Protection of the which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free 1. Ginger Thompson, World Briefing Americas: Mex- expression of the will of electors; [t]o have access, ico: Migrant Deaths at Record on U.S. Border, New on general terms of equality, to public service in York Times, October 5, 2005, at A6. his country. (U.N. Doc. A/6316 (1996), 999 2. Rachel L. Swarns, House Votes for 698 Miles of U.N.T.S. 171) Fences on Mexico Border, New York Times, December 16, 2005, at A37. There are two inherent problems with the status of the 3. Nick Madigan, Police Investigate Killings of Il- right to vote as a fundamental human right. First, legal legal Immigrants in Arizona Desert, New York Times, materials protecting and ensuring the right to vote are Oct. 23, 2002, at A15. limited in the sense that there are very limited defined pa- 4. Craig S. Smith, Spain’s African Enclaves Are Mi- rameters and norms. Second, despite the existence of the grants’ Portals to Europe, New York Times, November international obligations and some defined parameters 5, 2005, at A8. in the Human Rights Committee’s General Comment

Human Rights Advocates 15 Vol. 47 25 (U.N. Doc. CCPR/C/21/Rev.1/Add.7 (1996)), the unbiased information to aid the voter. right to vote is continuously infringed upon. The four primary areas addressed in my re- First, the right to vote can be infringed upon by search and subsequent writing are but a few of the operation of law. The ICCPR extends voting rights to many problems that arise in the absence of any effective “every citizen,” however in some countries even citizens norms, parameters and enforcement. Our recommen- are denied the right to vote as a matter of law. For exam- dations focused on requesting the appointment of a spe- ple, in the U.S., all mentally competent adults have the cial rapporteur on the right to vote, who can authorize right to vote except for convicted felons. This restriction a study on meaningful parameters, norms, and enforce- is disproportionate to the offense and sentence, and re- ment mechanisms. Additionally HRA recommended sults in a disproportionate racial impact on minorities. that more diligence be given by states in investigating Second, derogation of the right to vote by fraud discrepancies in the electoral process and ensuring that occurs in even the most developed of electoral systems. they do not occur again (The Right to Vote, Arbitrary One example was the harassment in the state of Ohio Detention, and Freedom of Association, E/CN.4/2006/ during the 2004 presidential elections. Election moni- NGO/84, available on ohchr.org). tors continuously find elections to be undemocratic in Initially my preparation and work this semes- other countries, where fraud has included ballot stuff- ter was based on attendance of the 62nd Commission ing, intimidation of voters, tampering with voting re- on Human Rights in Geneva. The right to vote was a sults, campaign restrictions, among many others. relatively new topic, with no specific resolutions, and Third, the emergence and usage of new technolo- was first addressed last year by HRA at the 61st ses- gy, specifically the use of electronic voting, may be a useful sion. Without the Commission cut short, my objective development in enabling more individuals to vote. Cur- in Geneva shifted to educating relevant individuals for rently use of electronic voting systems worldwide pose the future Human Rights Council on the right to vote new challenges to voting rights because they can be easily and experiencing other various aspects of the U.N. subject to tampering. Oftentimes there is no paper record We met with various groups and individuals, of citizens’ votes to authenticate computer records. Often such as Tanya Smith, a “Newmanite” who worked for there are no consistent reliability and security standards the United Nations High Commissioner for Human in most places where these machines are used. Rights at the Palais Wilson. Ms. Smith works for the Finally, the role of the media is a crucial part of Working Group on Enforced and Involuntary Disap- ensuring the right to vote and effective and fair elections. pearances, and she went into detail on her work, con- Since the media is the principal means through which cluding that despite the criticisms that the U.N. faces, the voter collects information during elections, it needs she felt that working there was very rewarding. Addi- to exercise an objective role in delivering complete and tionally, she mentioned how the U.N.’s goodwill and reputation draws more cooperation from governments that may not be as receptive to outside interference. We all presented our topics to Ms. Smith, who then recommended which individuals or departments to contact on our topics. She recommended I contact the U.N. Department of Political Affairs. Our concern with that approach is that there is a need to ensure that the right to vote is recognized as a fundamental human right, not a political right subject to interpretation and political influences. We also met with the Swiss delegate to the Com- mission, who was receptive to HRA’s work and expressed initial interest in the right to vote when it was first raised last year in Agenda Item 11. This year, however, he was not as receptive to the idea. His disinclination primarily appeared from a dislike of having more mandates, but also At the Palais des Nations: Left to right – Connie de la appeared from the common resistance to change in the Vega, Kristina Zinnen, Kimberly Irish, Jeannine Bell and field, even from a delegate committed to human rights. Yasmin Khayal. The irony was that he directed us to a resolution passed Human Rights Advocates 16 Vol. 47 by the Commission last year (The Right to Freedom tion of liberty is often a gateway to torture. of Opinion and Expression, E/CN.4/RES/2005/38), In my report [Arbitrary Deprivations of Lib- which was sponsored by the Romanians, who have been erty: A Gateway to Torture, the short version of which accused of violating the right to vote in the past (OSCE/ is The Right to Vote, Arbitrary Detention and Freedom ODIHR, Assessment Mission Report on the Parliamentary of Association (E/CN.4/2006/NGO/84)], which I and Presidential Elections in Romania on 28 November and divided into a theoretical description of what my issue 12 December 2004, February 14, 2005), and did not spe- comprises and a few specific country situations that cifically address the right to vote. proved my point, I suggested that an important way The meetings with the various individuals to minimize the numbers of torture cases is to create showcased the difficulty a human rights advocate faces. an international standard of situations where arbitrary Nonetheless, the meetings with the Swiss delegate and deprivations of liberty are allowed, thus enhancing in- Ms. Smith confirmed that to implement a new idea re- ternational scrutiny over them and decreasing the likeli- quires persistence and hard work, but is not impossible. hood of impunity. This type of hard work and persistence was apparent to The issue has its origins in the disparity be- me while hearing Professor de la Vega and Ms. Smith tween the levels of prohibition of two practices: while reminisce about Frank Newman and his effect on others torture is prohibited in an absolute way, by international and especially on them. agreements and as a rule of jus cogens, the freedom from Even though the Commission did not meet arbitrary detention is a derogable right (as can be seen in this year, in the final analysis, I probably had a more articles 4 and 9 of the International Covenant on Civil well-rounded experience in Geneva. I experienced and Political Rights), allowing States to single handedly the Aarhus Convention Compliance Committee in declare emergency situations when arbitrary detentions practice; I met an individual who worked at the UN- are allowed. HCHR; and, I probably received more individual at- By being arbitrarily detained, a person is subject tention from a delegate than I would have been able to to a less legal protection, as many due process rights are at the Commission. Last but not least, I was able to suppressed, which can lead to situations of torture and see the breadth of Mr. Newman’s work, and hope that impunity of those who perpetrate it. Specific situations I contributed to contribute to his vision. This experi- arising from the so-called “War on Terror” help prove ence was very valuable to me, and for that I would like my theory. to thank Professor de la Vega, HRA, and the Frank C. We suggested that there is a need to specify the Newman International Human Rights Clinic for giv- kinds of emergency situations that would allow the der- ing me this opportunity. ogation of this right, enhancing the international scru- tiny over States who violate it. March 27th 2006: It’s a Monday afternoon and Arbitrary Detention in Professor de la Vega and I are inside the Palais des Na- the Dusk of the CHR tions, the U.N. headquarters in Geneva, witnessing what many people called “the funeral of the Commission”. Despite my first time in such a forum, I under- By João Pinheiro Moreira stoond that this was completely different from other arch 26, 2006: Three hours before I was going (regular) Commission meetings. During this three hour Mto leave for Geneva, I found out that the Com- session, each regional group had the chance to make a mission on Human Rights, a body that usually met in statement, along with the Chairman of the Commission’s a yearly 6 week session was having its 62nd (and final) 62nd session, the High Commissioner on Human Rights session the next day, for about three hours. and three other dignitaries. Behind me I had several weeks of thorough All of these speeches were essentially the same: investigation and a 15 page report that I was planning they started by enumerating the qualities of the Com- to present in my lobbying efforts at the Commission. mission’s work, then stated its flaws (such as politiciza- Weeks of work that, fortunately, were not in vain. tion and double standards), then described the process My project was founded on two main issues: ar- that lead to the creation of the Council (the body that is bitrary deprivations of liberty (the official U.N. wording substituting the Commission), ending with the expecta- for what is more commonly known as arbitrary deten- tions for the Council (most stressing the need for the tion) and torture. My thesis was that arbitrary depriva- Council to start substantive work from day one).

Human Rights Advocates 17 Vol. 47 The NGO’s also had the chance to make a state- et seq. Without these remedies, undocumented migrant ment, but only one for all of them, which created a lot workers have little incentive to report workplace abuse, of controversy. The one statement was a non-statement which in turn decreases the accountability of employers signed by 265 of them (Human Rights Advocates in- who exploit the migrant workforce. Many employers cluded), which stressed the need for NGO participa- in the U.S. have attempted to use the Hoffman decision tion in the Council and asked for a minute of silence as a way to cut back on other workplace protections for honoring the victims of Human Rights violations. The migrant workers. request that was accepted by the Chairman and marked Another example is domestic workers who are the end of the meeting. excluded from labor law in many countries, including Even though no substantive decisions were most of the Gulf States. In Kuwait, domestic workers taken, I still managed to lobby a few country delegates are frequently the victims of physical and sexual abuse, (along with the representative for the European Union), and are subject to prosecution if they leave their em- making sure that my issue is not forgotten during the ployers, who often confiscate their passports. Many of transition from the Commission to the Council. Lebanon’s large population of Ethiopian migrant work- April 3rd 2006: One day before I left Geneva ers are held in conditions of near slavery and some have I had another important meeting regarding my subject. even been killed. In Saudi Arabia, there are numerous Professor de la Vega and I went to Palais Wilson, the reports of abuse towards domestic migrant workers, in- Office of the High Commissioner on Human Right’s cluding restrictions on movement, forced confinement, building, and met with Miguel de la Lama, a staff per- lack of food, physical and sexual assault, and murder. son for the Working Group on Arbitrary Detention. In my report to the Commission on Human He told us that my report was going to be handed to the Rights, The Rights of Migrant Workers, E/CN.4/2006/ Working Group members to be considered in its annual NGO/87 (Feb. 12, 2006), I emphasized the importance meeting in May 2006. of keeping the human rights of migrant workers an issue All in all, this trip was a wonderful once in a life- of ongoing concern at the new Human Rights Council, time experience. Even though a bit frustrating because with the following recommendations: of the lack of substantive work during the Commission’s First, that Member States initiate a process of session, it was a great opportunity to experience in per- harmonizing their national legislation with the appli- son things that we discuss in our classrooms while at the cable international legal instruments by guaranteeing same time still being able to make my work have some protection and full remedies in their labor laws to all effect in the future of this issue. workers, regardless of immigration status; Second, that Member States comply with deci- sions of intergovernmental organizations and regional The Labor Rights of bodies regarding migrant workers and ratify the Migrant Convention, supplementing its ratification with mea- Migrant Workers sures to safeguard the human rights of migrants; and Finally, that the Special Rapporteur on the Hu- By Kristina Zinnen man Rights of Migrants make available to all Mem- ndocumented workers around the world suffer vi- ber States his analysis of the real demand for migrant Uolations of their labor rights. The right to freedom workers in Member States and data on the number of of association is essential to ensure basic labor standards, unionized and non-unionized migrant workers, and rec- without which migrant workers are more vulnerable to ommend that government officials take more decisive discrimination, slavery, arrests, exploitation, and abuse. action against employers that hire migrants under false Many countries are violating their international and re- pretenses and subject them to conditions of slavery. gional treaty obligations prohibiting discrimination on We had an additional area of concern regard- the basis of immigration status in their national labor ing the right to freedom of association. Last year’s U.N. laws. For example, the United States Supreme Court Commission on Human Rights Resolution 2005/37, case Hoffman Plastic Compounds, Inc. v. National La- Promoting the Rights to Peaceful Assembly and Asso- bor Relations Board, 535 U.S. 137 (2002), removed the ciation, E/CN.4/2005/RES/37 (Apr. 19, 2005), stated traditional back pay and reinstatement remedies for un- that it “[r]ecogniz[ed] . . . that no one may be compelled documented workers whose rights had been violated un- to belong to an association.” We were concerned that der the National Labor Relations Act, 29 U.S.C. § 151 this language might be interpreted to allow Member

Human Rights Advocates 18 Vol. 47 States to limit labor rights on the grounds of protect- near future given the current climate in our country. ing the right to freedom of association, when such limits She urged labor in the U.S. to strategize around agri- would actually be used to undermine this right. cultural workers, however, since the issue has not yet For example, federal labor legislation in the been addressed at the ILO. United States makes it unlawful for union collective Last year the ILO drafted a Multilateral Frame- bargaining agreements to require union membership as work on Labour Migration, a set of non-binding princi- a condition of employment. Furthermore, 22 states in ples and guidelines for a rights-based approach to labor the United States have enacted so-called “right-to-work” migration. The ILO’s International Migration Pro- laws that prevent unions from collecting fees from non- gramme works to protect the rights of migrant workers member employees, while still guaranteeing those em- and promote their integration in countries of destina- ployees the benefits of union membership. The result tion and countries of origin, to forge an international is weaker unions with inadequate resources to represent consensus on how to manage migration, and to improve their members. Consequently, workers in states with the knowledge base on international migration. Though so-called “right-to-work” laws have lower wages, fewer my work addressed labor issues involved primarily in people with health care, higher poverty and infant mor- destination countries, the ILO is doing a great deal of tality rates, lower workers’ compensation benefits for work addressing international migration by providing workers injured on the job, and more workplace deaths technical assistance and establishing microcredit pro- and injuries. grams in countries of origin. The Programme has also My goal therefore was to urge the new Human focused specifically on migrant domestic workers, who Rights Council to affirm that full labor rights are essential have been organizing internationally and have made to guarantee the right to freedom of association, and that some progress in achieving legislative change and build- limits on labor rights such as so-called “right-to-work” ing a support network. laws are a violation of the right to freedom of association In this era of globalization, efforts such as these essential to guarantee workers’ human rights. See, The are necessary to ensure the human rights of all workers Right to Vote, Arbitrary Detention, and Freedom of As- are protected. I am grateful to Connie de la Vega, Hu- sociation, E/CN.4/2006/NGO/84 at 17-20. man Rights Advocates, and the University of San Fran- The most fruitful meetings on these issues took cisco’s Frank C. Newman International Human Rights place at the International Labour Organization (ILO), Law Clinic to have had this opportunity, both last year at a specialized agency of the U.N. which formulates in- the Commission on the Status of Women and this year ternational labor standards and provides technical assis- in Geneva, to be a part of this international movement. tance to member countries, including training and ad- visory services. Within the U.N. system, the ILO has a unique tripartite structure with workers and employers participating as equal partners with governments in the Litigation work of its governing organs. We met with several ILO departments, includ- ing the Bureau for Gender Equality, the International Migration Programme, and the International La- A Small Victory - Hill v. Mc- bour Standards Department, which is the ILO’s legal Donough, 547 U.S. __ (2006) branch. The attorney responsible for migrant workers discussed the work of the ILO’s Committee on Free- dom of Association, which has issued opinions stat- By Nicole Phillips ing that the U.S. Hoffman decision and Spain’s Basic n March 2006, Connie de la Vega and David Weiss- immigration Act of 2000 violated those countries’ in- Ibrodt, on behalf of Human Rights Advocates, Human ternational and regional treaty obligations. The Com- Rights Watch and Minnesota Advocates for Human mittee takes credit for last year’s draft Royal Decree Rights submitted an amicus brief to the U.S. Supreme from Spain’s newly-elected government that amended Court challenging the Eleventh Circuit’s upholding of the Basic Act by removing the restrictions on undocu- the death penalty by lethal injection. mented foreign workers. The attorney responsible for Petitioner Clarence Hill was convicted of kill- freedom of association, however, did not believe the ing a police officer while robbing a bank in 1983. Hill Hoffman decision could be seriously challenged in the was sentenced to death by lethal injection. Thirty-

Human Rights Advocates 19 Vol. 47 eight states use lethal injection. The process typically alty for its most serious crime, it must be carried out in includes three injection-steps. Inmates are first inject- a way to create the least physical and mental suffering. ed with sodium pentothal, which is an anesthetic. This The brief argued because the U.S. has ratified the IC- is followed by pancuronium bromide, which causes CPR, it should look to the Committee’s comment in its the lungs to shut down and paralyzes the body. The interpretation of the Eight Amendment. final chemical, potassium chloride, then induces a fatal The Supreme Court did not rule on the consti- heart attack. tutionality of death by lethal injection, but it did uphold On appeal, Hill argued that execution by lethal Hill’s right to bring a separate federal appeal challenging injection causes “foreseeable and gratuitous pain,” in vio- the method of execution under the Eighth Circuit (in lation of the Eighth Amendment’s protections against addition to any habeas corpus challenge to the lawful- cruel and unusual punishment. Earlier this year, Justice ness of the prisoner’s sentence or confinement). The Kennedy granted Hill a stay of execution minutes before Court remanded the case for further proceedings. he was scheduled to die. The Court granted certiorari in order to determine whether such a claim is properly brought under 42 U.S.C. §1983 or a petition for writ of habeas corpus. The Human Rights Advocates Board Officers and The amicus brief urged the Court to consider Committee Chairs for 2006-2007 are: international treaty obligations in assessing the appro- priateness of the 42 U.S.C. §1983 claim. The brief ar- President – Julianne Cartwright Traylor gued that Section 7 of the International Covenant of Secretary – Jeremiah Johnson Civil and Political Rights (ICCPR) and Article 16 of Treasurer – Anne Wagley the Covenant against Torture and Other Cruel, Unusu- Education – Jeremiah Johnson al, Inhumane or Degrading Treatment of Punishment Finance – Anne Wagley (Covenant Against Torture), both of which the U.S. has Litigation/Legislation – Connie de la Vega ratified, prohibits cruel, unusual and degrading punish- Nominations – Julianne Cartwright Traylor ment or treatment. Publications – Nicole Phillips The Human Rights Committee’s comment on United Nations – Cindy Cohn Section 7 provides that when a State uses the death pen-

Cindy Cohn Human Rights Advocates Connie de la Vega Jeremiah Johnson P.O. Box 5675 Conchita Lozano-Batista Berkeley Nicole Phillips CA 94705 Julianne Cartwright Traylor Anne Wagley www.humanrightsadvocates.org Newsletter production: Philip Goldsmith

Human Rights Advocates 20 Vol. 47