List of Special Procedure Mandate-Holders and the Other
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Gus Dur, As the President Is Usually Called
Indonesia Briefing Jakarta/Brussels, 21 February 2001 INDONESIA'S PRESIDENTIAL CRISIS The Abdurrahman Wahid presidency was dealt a devastating blow by the Indonesian parliament (DPR) on 1 February 2001 when it voted 393 to 4 to begin proceedings that could end with the impeachment of the president.1 This followed the walk-out of 48 members of Abdurrahman's own National Awakening Party (PKB). Under Indonesia's presidential system, a parliamentary 'no-confidence' motion cannot bring down the government but the recent vote has begun a drawn-out process that could lead to the convening of a Special Session of the People's Consultative Assembly (MPR) - the body that has the constitutional authority both to elect the president and withdraw the presidential mandate. The most fundamental source of the president's political vulnerability arises from the fact that his party, PKB, won only 13 per cent of the votes in the 1999 national election and holds only 51 seats in the 500-member DPR and 58 in the 695-member MPR. The PKB is based on the Nahdlatul Ulama (NU), a traditionalist Muslim organisation that had previously been led by Gus Dur, as the president is usually called. Although the NU's membership is estimated at more than 30 million, the PKB's support is drawn mainly from the rural parts of Java, especially East Java, where it was the leading party in the general election. Gus Dur's election as president occurred in somewhat fortuitous circumstances. The front-runner in the presidential race was Megawati Soekarnoputri, whose secular- nationalist Indonesian Democratic Party of Struggle (PDI-P) won 34 per cent of the votes in the general election. -
Confrontingcomplexity
106TH ANNUAL MEETING FINAL PROGRAM Confronting Complexity March 28-31, 2012 The Fairmont Washington, D.C. SIL is a nonprofit, nonpartisan, educational membership organization founded in 1906 and chartered by Congress in 1950. The mission of the American Society of International Law is to foster the study of international Alaw and to promote the establishment and maintenance of international relations on the basis of law and justice. ASIL holds Category II Consultative Status to the Economic and Social Council of the United Nations and is a constituent society of the American Council of Learned Societies. The Society’s 4,000 members from more than 100 nations include attorneys, academics, corporate counsel, judges, representatives of governments and nongovernmental organizations, international civil servants, students and others interested in international law. Through our meetings, publications, information services and outreach programs, ASIL advances international law scholarship and education for international law professionals as well as for broader policy-making audiences and the public. 2223 Massachusetts Avenue, NW Washington, DC 20008 Phone +1 202-939-6000 Fax +1 202-797-7133 www.asil.org ©2012 ASIL Annual Meeting Dear Colleague, Contemporary reality is confoundingly complex: it is marked by rapidly evolving technologies, increasing global interconnectedness, rising population, and deepening understanding of science and the environment. New international actors; changes in social, economic, and political dynamics; a multipolar power structure; and novel security threats only add to the complexity. Amidst this confusion, international law can be a source of order and clarity. It can provide frameworks to peacefully resolve disputes, regulate relations between diff erent actors, and clarify rights and obligations. -
Directory of Special Procedures
Special Rapporteur on trafficking in persons, Special Rapporteur on the situation of human rights The Special Procedures of the Human Rights Council are independent JUNE especially women and children in the Democratic People's Republic of Korea human rights experts with mandates to report and advise on Ms. Maria Grazia Giammarinaro Mr. Marzuki Darusman human rights from a thematic or country-specific perspective. English, French English The system of Special Procedures is a central element of the [email protected] [email protected] United Nations human rights machinery and covers all rights: civil, cultural, economic, political, and social. As of 1 April 2015, there are Special Rapporteur on the promotion of truth, justice, Special Rapporteur on the situation of human rights 55 Special Procedures (41 thematic mandates and 14 mandates 2015 reparation and guarantees of non-recurrence in Eritrea relating to countries or territories) with currently 77 mandate-holders. Mr. Pablo de Greiff Ms. Sheila B. Keetharuth English, Spanish English, French With the support of the Office of the United Nations High Commissioner [email protected] [email protected] for Human Rights (OHCHR), Special Procedures undertake country visits; act on individual cases and concerns of a broader, structural nature by sending communications to States in which they bring Special Rapporteur on the negative impact of Independent Expert on the situation of human rights unilateral coercive measures on the enjoyment of in Haiti alleged violations to their attention; conduct thematic studies and human rights convene expert consultations, develop international human rights Mr. Gustavo Gallón Mr. Idriss Jazairy standards, engage in advocacy, raise public awareness; and provide English, French, Spanish English, French, Arabic advice and support for technical cooperation. -
Special Procedure Mandate-Holders Presenting to the Third Committee
GA66 Third Committee Subject to change – Status as of 7 October 2011 Special procedure mandate-holders, Chairs of human rights treaty bodies or Chairs of Working Groups presenting reports Monday, 10 October (am) • Chair of the Committee on the Elimination of Discrimination against Women, Ms. Silvia Pimentel – oral report and interactive dialogue. • Special Rapporteur on violence against women, its causes and consequences, Ms. Rashida MANJOO report and interactive dialogue. Wednesday, 12 October (pm) • Chair of the Committee on the Rights of the Child, Mr. Jean Zermatten, – oral report. • Special Representative of the Secretary-General on violence against children, Ms. Marta SANTOS PAIS. • Special Rapporteur on the sale of children, child prostitution and child pornography, Ms. Najat M’jid MAALLA. Monday, 17 October (am) • Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Mr. James ANAYA. Tuesday, 18 October (am) • Chair of the Committee against Torture, Mr. Claudio GROSSMAN – oral report and interactive dialogue. • Chair of the Subcommittee on Prevention of Torture, Mr. Malcolm David Evans – oral report and interactive dialogue. • Special Rapporteur on torture and other cruel, inhuman or degrading treatment of punishment, Mr. Juan MENDEZ Wednesday, 19 October (pm) • Special Rapporteur on the situation of human rights in Iran, Mr. Ahmed SHAHEED. • Special Rapporteur on the situation of human rights in Myanmar, Mr. Tomas Ojea QUINTANA. • Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, Mr. Marzuki DARUSMAN. Thursday, 20 October (am) • Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Mr. -
Indonesia's Transformation and the Stability of Southeast Asia
INDONESIA’S TRANSFORMATION and the Stability of Southeast Asia Angel Rabasa • Peter Chalk Prepared for the United States Air Force Approved for public release; distribution unlimited ProjectR AIR FORCE The research reported here was sponsored by the United States Air Force under Contract F49642-01-C-0003. Further information may be obtained from the Strategic Planning Division, Directorate of Plans, Hq USAF. Library of Congress Cataloging-in-Publication Data Rabasa, Angel. Indonesia’s transformation and the stability of Southeast Asia / Angel Rabasa, Peter Chalk. p. cm. Includes bibliographical references. “MR-1344.” ISBN 0-8330-3006-X 1. National security—Indonesia. 2. Indonesia—Strategic aspects. 3. Indonesia— Politics and government—1998– 4. Asia, Southeastern—Strategic aspects. 5. National security—Asia, Southeastern. I. Chalk, Peter. II. Title. UA853.I5 R33 2001 959.804—dc21 2001031904 Cover Photograph: Moslem Indonesians shout “Allahu Akbar” (God is Great) as they demonstrate in front of the National Commission of Human Rights in Jakarta, 10 January 2000. Courtesy of AGENCE FRANCE-PRESSE (AFP) PHOTO/Dimas. RAND is a nonprofit institution that helps improve policy and decisionmaking through research and analysis. RAND® is a registered trademark. RAND’s publications do not necessarily reflect the opinions or policies of its research sponsors. Cover design by Maritta Tapanainen © Copyright 2001 RAND All rights reserved. No part of this book may be reproduced in any form by any electronic or mechanical means (including photocopying, -
Commissions of Inquiry and Fact-Finding Missions on International Human Rights and Humanitarian Law Guidance and Practice
The Office of the United Nations High Commissioner for Human Rights COMMISSIONS OF INQUIRY AND (OHCHR) is mandated to promote and protect the enjoyment and full realization, by all people, of all rights established in international human rights FACT-FINDING MISSIONS ON law. It is guided in its work by the mandate provided by the General Assembly in resolution 48/141, the Charter of the United Nations, the Universal INTERNATIONAL HUMAN RIGHTS Declaration of Human Rights and subsequent human rights instruments, the • Vienna Declaration and Programme of Action of the 1993 World Conference AND HUMANITARIAN LAW on Human Rights, and the 2005 World Summit Outcome Document. The mandate includes preventing human rights violations, securing respect for all human rights, promoting international cooperation to protect human rights, coordinating related activities throughout the United Nations, and strengthening and streamlining United Nations human rights work. In addition to its mandated responsibilities, it leads efforts to integrate a human rights approach within all work carried out by the United Nations system. GUIDANCE AND PRACTICE Office of the United Nations High Commissioner for Human Rights (OHCHR) Palais des Nations CH-1211 Geneva 10 – Switzerland Telephone: +41 (0) 22 917 90 00 Fax: +41 (0) 22 917 90 08 www.ohchr.org COMMISSIONS OF INQUIRY AND FACT-FINDING MISSIONS ON INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW GUIDANCE AND PRACTICE COMMISSIONS OF INQUIRY AND FACT-FINDING MISSIONS ON INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW Guidance and Practice New York and Geneva, 2015 Note The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. -
Dafna Dror-Shpoliansky and Yuval Shany ABSTRACT: 'The Same
DRAFT: Do not copy, cite, or distribute without permission of the authors IT'S THE END OF THE (OFFLINE) WORLD AS WE KNOW IT: FROM HUMAN RIGHTS TO DIGITAL HUMAN RIGHTS – A PROPOSED TYPOLOGY Dafna Dror-Shpoliansky and Yuval Shany ABSTRACT: 'The same rights that people have offline must also be protected online' is used as a prevailing concept in international fora in recent years. But does this "normative equivalency" between 'offline' and 'online' afford fully effective protection for the rights of online users? This is the question at the heart of this Article. We first review the development of human rights in cyberspace as conceptualized in international fora, and critically evaluate the normative equivalency paradigm adopted by international bodies for the application of human rights online. In the latter part of this Article, we attempt to describe the contours of a new digital human rights framework, which goes beyond the normative equivalency paradigm. We propose such a framework should be conceptualized as built upon existing human rights norms, but containing additional protections corresponding to unique features and challenges of actors and activity in cyberspace. After laying down the normative justifications, for recognizing new digital human rights, we offer a typology of three generations in the evolution of digital human rights. I. INTRODUCTION The Cambridge Analytica incident,1 and other high profile incidents2 involving harmful online practices, such as online hate speech,3 propagation of ‘fake news’,4 intrusive 1Rob Price, The UK's privacy watchdog has fined Facebook £500,000 — the maximum amount — over Cambridge Analytica, BUSINESS INSIDER (Jul. -
Performance and Challenges of the UN Human Rights Council an Ngos’ View
INTERNATIONAL POLICY ANALYSIS Performance and Challenges of the UN Human Rights Council An NGOs’ View THEODOR RATHGEBER February 2013 The current dynamic within the UN Human Rights Council (HRC) has driven the Council in certain cases to function more closely in accordance with normative stand- ards, as well as with the reality on the ground. Civil society stakeholders have a num- ber of opportunities to consolidate that dynamic. The increasing number of cross-regional initiatives even on country situations indi- cates that »joint« does not necessarily mean »lowest common denominator«. How- ever, instead of relying too much on a case- and victim-centred rationality under- lying States’ actions, NGOs should focus on new mechanisms, ultimately in terms of a trigger system. Successful outcomes in protecting human rights are produced by efforts made within the framework of Special Procedures. In maintaining such a dynamic, civil society stakeholders are a major resource for continuously challenging governments, for in- stance, in terms of follow-up processes at national as well as at Council level. Addressing thematic challenges from a southern perspective will be a crucial element in the better functioning of the HRC. NGOs and National Human Rights Institutions are among the main actors involved in keeping the spotlight on uncomfortable is- sues in order to improve international cooperation and ultimately a better function- ing of the HRC. If it was possible to establish global governance in world trade relations through standards and an effective regulatory and sanctioning system there is no good reason to abstain from such regulation in the field of human rights protection. -
Motion for Leave to File Brief Amici Curiae As Filed
USCA Case #16-7081 Document #1644084 Filed: 11/01/2016 Page 1 of 9 Oral Argument Not Yet Scheduled No. 16-7081 __________________________________ UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT __________________________________ John Doe, a.k.a. Kidane, Plaintiff / Appellant v. Federal Democratic Republic of Ethiopia, Defendant / Appellee. MOTION FOR LEAVE TO FILE BRIEF AMICI CURIAE OF THE UNITED NATIONS HUMAN RIGHTS EXPERTS IN SUPPORT OF PLAINTIFF- APPELLANT URGING REVERSAL United Nations human rights experts David Kaye, Maina Kiai and Michel Forst move for leave to file the accompanying amici curiae brief in support of Appellant. Appellant Kidane consents to this filing; Appellee Federal Democratic Republic of Ethiopia has not provided consent. Amici herein request leave to inform the Court of the potential implications of its ruling for the United States’ compliance with its obligations under international human rights law. Amici come before the Court with significant expertise on the scope and implementation of 1 USCA Case #16-7081 Document #1644084 Filed: 11/01/2016 Page 2 of 9 relevant international human rights norms, which will assist the Court’s decisionmaking. I. Interest of Amici Special Rapporteurs are appointed by the United Nations (“U.N.”) Human Rights Council, the central human rights institution of the U.N. and a subsidiary organ of the U.N. General Assembly. Special Rapporteurs examine, monitor, advise and report on the category of rights with which their mandates are concerned. They do this by receiving individual complaints, conducting country visits, issuing thematic reports, providing technical assistance to governments, and engaging in public outreach and promotional activities – all with the ultimate goal of promoting and protecting the relevant category of rights worldwide. -
1907475* A/Hrc/28/2
United Nations A/HRC/28/2 General Assembly Distr.: General 7 May 2019 Original: English Human Rights Council Twenty-eighth session Agenda item 1 Organizational and procedural matters Report of the Human Rights Council on its twenty-eighth session Vice-President and Rapporteur : Mothusi Bruce Rabasha Palai (Botswana) GE.19-07475(E) *1907475* A/HRC/28/2 Contents Page Part One: Resolutions, decisions and President’s statements adopted by the Human Rights Council at its twenty-eighth session ........................................................................................................... 4 I. Resolutions .................................................................................................................................... 4 II. Decisions ....................................................................................................................................... 5 III. President’s statements ................................................................................................................... 6 Part Two: Summary of proceedings ............................................................................................................... 7 I. Organizational and procedural matters .......................................................................................... 7 A. Opening and duration of the session ..................................................................................... 7 B. Attendance ........................................................................................................................... -
Cyber Attacks and Cyber (Mis)Information Operations During a Pandemic
Cyber Attacks and Cyber (Mis)information Operations During a Pandemic Marko Milanovic* & Michael N. Schmitt** INTRODUCTION . 247 I. STATE CYBER OPERATIONS AGAINST HEALTH CARE SYSTEMS DURING THE PANDEMIC. 250 A. Violation of Sovereignty ............................ 252 B. Violation of the Prohibition of Intervention .............. 256 C. Violation of the Prohibition on the Use of Force .......... 258 D. Violation of Human Rights .......................... 261 II. STATE MISINFORMATION DURING THE PANDEMIC . 266 A. Violation of Human Rights Law When Directed Against A State’s Own Population............................. 267 B. Violation of Human Rights Law When Directed Against Individuals in Other States .......................... 268 C. Violation of General International Law When Directed Against Other States ............................... 269 III. STATE OBLIGATIONS REGARDING CYBER OPERATIONS AND MISINFORMATION BY NON-STATE ACTORS AND THIRD STATES DURING THE PANDEMIC. 270 A. Positive Due Diligence Obligation under Human Rights Law to Protect the State’s Own Population Against Hostile Operations by Other States and by Non-State Actors. ..... 270 B. Constraints under Human Rights Law When Combatting Hostile Cyber Operations and Misinformation ........... 274 C. Positive Due Diligence Obligation under General International Law and Human Rights Law to Stop Hostile Operations Against Other States . .................... 279 CONCLUSION. 282 INTRODUCTION The COVID-19 pandemic has been accompanied by reprehensible cyber opera- tions directed against medical facilities and capabilities, as well as by a flood of * Professor of Public International Law, University of Nottingham School of Law. The discussion on misinformation draws on my earlier three part series on Viral Information and the Freedom of Expression on EJIL: TALK!, Apr. 13-14, 2020, https://perma.cc/9YLR-YE94. © 2020, Marko Milanovic and Michael N. -
ASIL 108Th Annual Meeting
The Effectiveness of International Law ILA 76th Biennial Conference ASIL 108th Annual Meeting April 7-12, 2014 Ronald Reagan Building and International Trade Center Washington, DC Tweet about the ASIL-ILA joint meeting using the hashtag #ASILILA14 Search for “Ronald Reagan Building” in the Apple or Android App Store Dear Colleagues, International law is a vital and highly topical element in international relations and, increasingly, domestic legal practice. It is both fascinating and frustrating: fascinating, as anyone considering the current issues about the East and South China Seas or the Ukraine will attest; frustrating, because of the lack of mechanisms to ensure that such issues are as a matter of course resolved by international adjudication, rather than left unresolved or resolved by other means. The tensions between national interests and aspirations towards an international legal order go back to international law’s very roots, when Grotius first set out to schematise some of its core aspects in the early 17th century. I have said enough to show that international law is perennially relevant. The ILA was founded as long ago as 1873 in Brussels. Its constitutional objectives are the study, clarification and development of, and the furtherance of international understanding and respect for, international law, both public and private. Headquartered now in London, the ILA has branches across the world, and consultative status as an international NGO with various UN specialised agencies. It pursues its objectives through biennial conferences, recently in Rio de Janeiro (2008), The Hague (2010) and Sofia (2012), through its standing committees which meet and prepare reports and which may lead to draft laws or recommendations adopted at the biennial conferences, through informal study groups and through activities organised by its branches.