The Minnesota Protocol: Creating Guidelines for Effective Investigations

Originally published on The Advocates PostMP Infographic Dashes Featured News

Back in the 1980s, a small group of Minnesota lawyers was concerned about the lack of accountability for the 1983 political assassination of Benigno Aquino in the Philippines and many other suspected unlawful deaths happening in the world. Effective investigation is key to establishing responsibility and holding perpetrators accountable, but no international standards existed at the time that required governments to initiate or carry out investigations of suspected unlawful deaths.

The need for international standards and guidelines for death investigations
Clearly, there was a need for international standards regarding death investigations, as well as practical guidelines for how those investigations should be done.  In 1983, as its very first project, The Advocates for Human Rights (then known as the Minnesota Lawyers International Human Rights Committee) took action by engaging local and international experts in law and forensic science. The project’s researchers and authors―almost all volunteers―included David Weissbrodt, Sam Heins, Barbara Frey, Don Fraser, Tom Johnson, Lindsey Thomas, Garry Peterson, Jim Roth, Bob Sands, Sonia Rosen and Marie Bibus and many others.  They worked on successive drafts for several years.

In 1987, at the Spring Hill Conference Center in Wayzata, the final details of what would come to be the Minnesota Protocol were hammered out.  There were two parts: 1) international legal standards detailing the duty of governments to prevent, investigate and initiate legal proceedings after a suspicious and unlawful death; and 2) guidelines for how to conduct effective investigations, as well as model protocols for conducting autopsies and for disinterment and analysis of skeletal remains.

In 1989, the standards were incorporated into the UN Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, which was adopted by the UN Economic and Social Council and endorsed by the UN General Assembly. The UN formally adopted the guidelines in 1991 as the United Nations Manual on the Effective Prevention and  Investigation  of  Extra-Legal, Arbitrary, and Summary Executions.  For the first time, the world had a set of international standards and guidelines for effective investigation.

Despite its official UN title, however, the UN Manuel has been commonly referred to as the Minnesota Protocol.

UN-mandated Principles & Manual are key to investigations
Together, the Principles and the Manual are the key UN-mandated texts that have provided guidance for 25 years on the international duty to investigate violations of the right to life and best practices for conducting autopsies and forensic analysis of suspicious deaths in custody.

The Minnesota Protocol has been used in myriad investigative contexts in almost every region of the world. When Tom Johnson led a team of Gray Plant Mooty attorney volunteers to research the Minnesota Protocol’s impact, they found that it has been cited as the yardstick for conducting investigations by international human rights bodies, regional bodies such as the European Court of Human Rights, the Inter-American Court on Human Rights, and the African Commission on Human and Peoples’ Rights, as well as national courts in India, Australia, and other countries.

Perhaps more important, however, is how the Minnesota Protocol has been used in practice. The Minnesota Protocol has guided investigations throughout the world, including in Rwanda, Bosnia, and East Timor.  St. Paul Pioneer Press columnist Ruben Rosario described in his May 15, 2013 article how using the Minnesota Protocol has led to accountability for human rights violations in Guatemala and other places in the world.

I can also tell you about the Minnesota Protocol’s impact from my personal, in-the-field experience. In Peru, the Truth and Reconciliation Commission told me proudly that they were using the Minnesota Protocol in their work exhuming mass graves.  Family members and non-governmental organizations (NGOs) bring this document to the police. I’ve been told by colleagues that the Minnesota Protocol is the most effective tool they have to remind their government of the duty to conduct an effective investigation when there is a suspected unlawful death. Forensic experts  have told me that they bring copies of the model autopsy protocol with them when conducting investigations in the field, writing their notes in it.

MP Infographic Website

Much has changed in the world since the 1980s
It goes without saying that forensic science, DNA analysis, and other technologies have advanced greatly since the original Minnesota Protocol was drafted. International law has also advanced. Now, there are clear, internationally-accepted principles as to what constitutes the legal duty to investigate―investigations must be prompt, thorough, effective, transparent, independent and impartial. The rights of victims are now acknowledged in international law, including the rights of families to know what happened to their loved ones and to reparation and other remedies. Society as a whole has a right to know the truth about what really happened in order to prevent those human rights abuses from happening again.

For years there has been discussion at the UN about updating the Minnesota Protocol for the 21st century. Christof Heyns, the UN Special Rapporteur on extrajudicial, summary or arbitrary executions, began in 2015 to make it a reality, inviting The Advocates to be a part of the revision process. Along with University of Minnesota professor Barbara Frey―one of the original drafters of the Minnesota Protocol―and other human rights law experts, I serve on the Legal Investigations Working Group. There is also a Forensics Working Group and a larger Advisory Panel, which includes several of the original authors. As it was in the 1980s, the work involves extensive contributions by international experts in law, forensics, and crime scene investigation.

Plans for the new version call for including the Minnesota Protocol in the official title.

By: Jennifer Prestholdt is deputy director of The Advocates of Human Rights and  director of it International Justice Program.

Activities for Human Rights Day 2015

hrd_english

This post was originally published on World Moms Blog. 

Each year on December 10, people all around the world celebrate Human Rights Day.  

The date was chosen to honor the United Nations General Assembly‘s adoption on 10 December 1948 of the Universal Declaration of Human Rights (UDHR), the first global statement of international human rights principles.

This year’s Human Rights Day is devoted to the launch of a year-long campaign for the 50th anniversary of the two International Covenants on Human Rights: the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, which were adopted by the United Nations General Assembly on 16 December 1966.

The “Our Rights. Our Freedoms. Always.” 50th anniversary campaign will highlight the theme of rights and freedoms — freedom of speech, freedom of worship, freedom from want, and freedom from fear — which underpin the International Bill of Human Rights are as relevant today as they were when the Covenants were adopted 50 years ago.

Below are some ideas for simple yet meaningful ways that families can celebrate Human Rights Day by learning about the rights and responsibilities that we all share as human beings.

For more ideas, check out my past Human Rights Day posts:

10 Things to Do With Your Kids on Human Rights Day (2011)

10 More Things to Do With Your Kids on Human Rights Day (2012)

Human Rights Activities To Do With Your Kids (2013)

Human Rights Activities For You & Your Kids (2014).

The UDHR in a word cloud. From Article 26 website.
The UDHR in a word cloud. From Article 26 website.

1. Learn about the Universal Declaration of Human Rights.  Download an illustrated version of the UDHR on the UN website here. You can also find a simplified version of the UDHR here.

2. Join the UNICEF Kid Power Team and work together to help end global malnutrition.Globally, one in four children is malnourished, about 159 million children worldwide. 50 million children suffer from acute malnutrition resulting in about one million children dying each year. And 16 million children suffer from the most life-threatening form of malnutrition, severe acute malnutrition (SAM), which can require specialized feeding care such as treatment with Ready-to-Use Therapeutic Food (RUTF) packets.


Families can join the UNICEF Kid Power Team by purchasing a UNICEF Kid Power Band—available at Target—and downloading the free companion UNICEF Kid Power App. Kids go on missions to learn about new cultures and earn points by getting active. Points unlock funding from partners, parents and fans, and funds are used by UNICEF to deliver lifesaving packets of therapeutic food to real, severely malnourished children around the world. In the pilot project earlier this year, more than 11,300 kids in Boston, Dallas and New York joined the UNICEF Kid Power Team and took enough steps to walk around the world more than 23 times. These kids earned enough Kid Power Points to unlock 188,850 therapeutic food packets, enough to save the lives of 1,259 children. 

3. Stand up for the rights of girls everywhere. Girl UP, the United Nations Foundation’s adolescent girl campaign, engages girls to take action. Girl UP’s current advocacy priority is improving access to quality education for girls worldwide, especially those in vulnerable settings. Worldwide, 140 million children are not in school – more than half are girls. Learn more about the impact of education of girls on society here.  Learn about ways you can advocate (no matter your age) here.

4. Sing your own song! Amandla! is a song that was a sung by Black South Africans during apartheid to give them strength. Amandla is a Zulu and Xhosa word meaning “power”. It was also the name of a documentary about the role of music in apartheid South Africa that won multiple awards at Sundance in 2003.  The chorus is:

We will fight for the right to be free
We will build our own society
And we will sing, we will sing
We will sing our own song

The band UB40, which strongly advocated against apartheid in the 1980s, did a popular cover of the song Amandla!


Amnesty International created a full lesson plan around the song.  Check out the full lesson, which encourages kids to sing along with the song.  Take out specific words and have your kids fill in the blanks.  Kids have such a great sense of justice that their words may surprise you! Then have your kids draw the images that the song evokes and present their art projects to others.

(Fun fact: Amandla Stenberg, who played Rue in The Hunger Games, was named for the word and its meaning.) 

5. Play Rights of the Child Pictionary. Based on the game Pictionary, each child sketches his or her interpretation of one article of the Convention on the Rights of the Child. When all are done, you can take turns examining the sketch and guessing the article it represents. For this and other ideas for teaching children’s rights through art, click here.

6. Play Human Rights Musical Chairs.  This lesson, developed by The Advocates for Human Rights, is a game similar to musical chairs, but with a writing twist. Select magazine and newspaper images that you feel effectively demonstrate a particular article of one of the 30 articles of the UDHR. For example, if the picture shows a scene where a group of children, boys and girls, are happy and walking with backpacks on their way to school, you could discuss Article 26 the “Right to Education” and Article 2 “Freedom from Discrimination” as both girls and boys are attending school.

Tape one image onto each chair along with one sheet of paper. Select music to indicate the starting and stopping of the writing. Tell the kids that they can write about whatever the image makes them think of. When the music starts, have the kids write the beginning of the story based on the image.  After a few minutes, stop the music and have them move to the next image. Start the music and have them write the middle of the story based on that image.  Encourage them to follow the storyline already in progress but allow them to get creative. Stop the music and have them move to the third image and write the ending. For more ideas, check out The Advocates for Human Rights’ resources for educators.

7. Learn more about famous and not-so-famous human rights heroes. There are many great biographies of famous activists (I Am Malala is one you may enjoy) but there are also many other inspiring peace and social justice activists to learn about.

Better World Heroes is an informational website which includes the biographies of 1000 heroes who have fought to build a better world.

The Giraffe Heroes project tells the stories of “Giraffe Heroes” – people who stick their necks out for the common good.

For more resources, download The Advocates for Human Rights’ Rights Sites newsletter: Human Rights Heroes edition.

8. Read Dr. Seuss’ The Sneetches as part of an anti-racism, anti-bullying activity. Teaching Tolerance has developed a great simulation activity.  The simulation exercise can help children understand the emotional impact of unfair practices. The follow-up activity on discrimination helps ensure that students understand that the goal is to change those practices, not the characteristics that make us different from one another. Check out all of Teaching Tolerance’s resources here.

9. Take a test together.  The Representation Project has developed two quizzes to examine how mainstream media shapes our beliefs and practices about women and girls, as well as what it means to be a man.  For families with preteens and teens who are interested starting a conversation about this issue, the Representation Project’s family resources can be found here.

#TheRepTest is a media literacy tool, sparking conversation about overall representation in film, television, and video games and encouraging more diversity in the entertainment industry.

The #BeyondTheMask quiz lets you grade male characters as role models.

10. Have a conversation with your family about what it means to be “free and equal”.  Watch this video with your kids and discuss their reactions.

What else does it mean to be “free and equal”? the United Nations recently launched a new campaign called “Free & Equal” for lesbian, gay, bisexual and transgender equality.  There are fact sheets, information about a film series, and much more on the Free & Equal website.  You can even check out the very first Bollywood video for gay rights.  The UN is asking that you share if you believe everyone should be welcomed into their family’s hearts, regardless of their sexual orientation.

The 2015 “Faces” video from the Free & Equal campaign celebrates the contributions that millions of lesbian, gay, bisexual, transgender and intersex people make to families and local communities around the world. The cast features “real people” (not actors), filmed in their workplaces and homes — among them, a firefighter, a police officer, a teacher, an electrician, a doctor and a volunteer, as well as prominent straight ally and UN Secretary-General Ban Ki-moon. Can you see past the label?

If you are not sure how to talk to your kids about LGBT issues, check out these Human Rights Campaign resources that provide the language and information needed to discuss lesbian, gay, bisexual and transgender people and issues in an age appropriate way with children and youth.

I hope you and your families have a great Human Rights Day 2015!  If you have other ideas for human rights activities, please share them with us!

Anti-LGBTI Discrimination Harms Efforts to Fight HIV/AIDS

AIDS worlds AIDS Day

Originally published on The Advocates Post

I went to Mwananyamala Hospital (a government facility) for HIV testing. During the pre-counseling, I came out as gay to the health staff (counselor) and immediately he condemned me saying that it was my fault to catch the virus because of my behavior of practicing anal sex. The counselor used abusive words and told me that I have to suffer both punishments being HIV positive and also going to hell because of my sins. That made me leave the Centre without testing. I developed a negative attitude and decided not to go for HIV anymore until my friend from a LGBT advocacy organization helped me go to user friendly Centre [private] and was tested positive. I am now on treatment.”

― 27-year old gay man interviewed in
Dar es Salaam, Tanzania

Through The Advocates for Human Rights’ work promoting LGBTI rights around the world, we routinely hear stories like this of the struggle to access health care and health information.  On World Aids Day (December 1), it is particularly important that we draw attention to the fact that anti-LGBTI discrimination harms efforts to combat HIV/AIDS worldwide.

Tanzania, where The Advocates has partnered recently with LGBTI human rights organizations, provides a good example of the problem. Due to widespread discrimination based on sexual orientation and gender identity, LGBT individuals in Tanzania fear disclosing their sexual orientation to health care providers.  Further, health care providers often refuse needed services to LGBT individuals. In its Third National Multi-Sectoral Strategic Framework for HIV and AIDS (NMSF III), the Government of Tanzania recognized the barrier that anti-LGBT discrimination can pose to health care access: “Stigma and discrimination against MSM [men who have sex with men] remains high, posing a significant challenge to outreach and delivery of friendly health services.”[1] Indeed, some non-governmental organizations estimate that over 2 million LGBT Tanzanians lack access to quality health services.

Anti-LGBT discrimination in the health sector includes denial of services, verbal harassment and abuse, and violations of confidentiality.[2] In particular, health care providers deny treatment to openly LGBT individuals seeking treatment for sexually transmitted infections (STIs) and HIV/AIDS.[3] Hostility from health care providers drives gay men outside of the health care system, depriving them of both services and information.[4]

In response to this discrimination, many LGBT Tanzanians choose to hide their sexual orientation or gender identity from their health care providers.[5] . Such nondisclosure, however, may prevent health care providers from addressing needs specific to LGBT patients. For example, a recent study assessing HIV and STIs among gay men in Tanzania found that they often do not disclose their sexual orientation to health care providers, hindering detection of rectal STIs.[6]

Tanzania’s legal system imposes some of the harshest penalties on homosexual conduct in all of Africa. Homosexual conduct has been illegal on mainland Tanzania since the implementation of the Tanzanian Penal Code in 1945.[7] Homosexual conduct has been illegal under the Zanzibar Penal Code since 1934.[8]

As a result, LGBT individuals decline to seek health care due to fear of revealing criminal conduct to health care providers.[9] Similarly, health care providers cite the criminalization of same-sex sexual conduct as a basis for denying services to LGBT people.[10] Moreover, criminalization perpetuates stigma, and stigmatization prevents lawmakers from addressing LGBT-specific health needs.[11]

In addition to obstructing health care access generally, anti-LGBT discrimination undermines efforts to fight HIV/AIDS. NMSF III recognizes men who have sex with men (MSM) as a population “at high risk for exposure to HIV or for transmitting HIV.”[12]  In fact, multiple sources recognize that the rate of HIV/AIDS among MSM is higher than that of the general population of Tanzania.[13]

Criminalization of same-sex conduct in Tanzania hurts all Tanzanians, because it hinders efforts to fight the harm that HIV/AIDS inflicts on all populations. Criminalization encumbers HIV/AIDS-related public health campaigns and research.[14] The International Lesbian Gay Bisexual Trans and Intersex Association recognizes that anti-LGBT discrimination drives LGBT people “underground,” impeding implementation of effective HIV/AIDS-related education program.[15] Criminalization also harms outreach efforts by NGOs that do not wish to violate Tanzanian laws.[16] Around the world, countries that criminalize same-sex conduct demonstrate higher rates of HIV among gay men than those that do not criminalize such conduct.[17]

A gay man from Mwanza stated:

I was very sick and some of my friends advised me to have an HIV test. I went to the nearest Centre where almost everyone knew me. A queue of people were pushing me away because they never wanted me near them. An officer came out and told me to find another place to go, because I was not welcome in that hospital because of my behavior. I had no choice but to leave the Centre ashamed and I planned to commit suicide. My friend learned about my plan before I poisoned myself and called [name withheld] who helped me go through that moment, he also referred me to a user friendly facility.[18]

Even the Tanzanian Government acknowledges that criminalization of same-sex conduct complicates Tanzania’s response to HIV/AIDS: “Given the criminalization of consensual adult homosexual intercourse, the multi-sectoral national response requires significant cooperation from all key stakeholders to ensure that MSM are reached with HIV and AIDS services.”[19]

Unfortunately, the Tanzanian Government has yet to take concrete action to amend the National Multi-Sectoral Strategic Framework for HIV and AIDS to establish that reducing the transmission of HIV among gay men is a central part of the national AIDS strategy and develop an implementation strategy to meet this objective.

On World AIDS Day, The Advocates for Human Rights calls upon all governments to ensure access to health care and health information for all LGBT individuals by:

  • Requiring all public health care workers to receive comprehensive diversity training, including training on sexual orientation, gender identity, and the rights of LGBT people.
  • Establishing and identifying LGBT-friendly health care facilities where LGBT people will feel free and comfortable to access services.
  • Advancing national Standards of Practice for providing health care to LGBT individuals. These standards should:
    • Prohibit discrimination in the delivery of services to LGBT clients and their families.
    • Require visible posting of non-discrimination policies and inclusion of policies in organizational brochures and informational and promotional materials.
    • Establish comprehensive and easily accessible procedures for clients to file and resolve complaints alleging violations of these policies.
    • Designate of one or more persons within each health care provider to ensure compliance with the Standard of Care.
    • Require all reception, intake, and assessment staff to be familiar with providers within the health care organization with expertise in and sensitivity to LGBT issues, and appropriately convey this information to patients.
    • Provide comprehensive ongoing training for direct care staff to identify and address basic health issues within their field of expertise that may particularly affect LGBT clients.
    • Develop a comprehensive resource list for appropriate referrals for special gay, lesbian, bisexual, and transgender health concerns.
    • Develop written confidentiality policies which explicitly include sexual orientation and gender identity, indicating that such information is to be considered highly sensitive and treated accordingly.[20]
  • Developing a public outreach and education campaign directed toward the LGBT community that educates LGBT Tanzanians on proper HIV/AIDS prevention and identifies LGBT-friendly health care resources.[21]

Jennifer Prestholdt is the Deputy Director and International Justice Program Director at The Advocates for Human Rights.

[1] United Republic of Tanzania, Prime Minister’s Office, Tanzania Third National Multi-Sectoral Strategic Framework for HIV and AIDS (2013/14-2017/18) (November 2013).

[2] Human Rights Watch, “Treat Us Like Human Beings”: Discrimination against Sex Workers, Sexual and Gender Minorities, and People Who Use Drugs In Tanzania (2013).

[3] Canada: Immigration and Refugee Board of Canada, Tanzania: Treatment of sexual minorities by society and government authorities; recourse and protection available to those who have been subject to ill treatment (2007-July 2014), 8 August 2014, TZA104923.E; Human Rights Watch, “Treat Us Like Human Beings”: Discrimination against Sex Workers, Sexual and Gender Minorities, and People Who Use Drugs In Tanzania (2013).

[4] George Ayala et al., Social Discrimination Against Men Who Have Sex With Men (MSM): Implications for HIV Policy and Programs (May 2010).

[5] Canada: Immigration and Refugee Board of Canada, Tanzania: Treatment of sexual minorities by society and government authorities; recourse and protection available to those who have been subject to ill treatment (2007-July 2014), 8 August 2014, TZA104923.E.

[6] Ross MW, Nyoni J, Ahaneku HO, et al., High HIV seroprevalence, rectal STIs and risky sexual behaviour in men who have sex with men in Dar es Salaam and Tanga, Tanzania, BMJ Open 2014;4:e006175.doi:10.1136/bmjopen-2014-006175.

[7] Tanzania Penal Code of 1945 (as amended by the Sexual Offences Special Provisions Act, 1998), Sections 138A, 154-155. The Sexual Offenses Special Provisions Act of 1998 updated certain sections of the penal code, but kept the prohibitions on homosexual conduct.

[8] Tanzania’s heavy reliance upon its British based penal code stands in stark contrast to its neighbors—most of which have penal codes that impose significantly lower penalties on homosexual conduct or no penalties at all. Kenya, Zambia, and Malawi each have penalties of up to 14 years in prison for homosexual conduct, and Uganda’s criminal code mandates life imprisonment. Though homosexual conduct is illegal in Burundi, penalties only range from 3 months to 2 years. Homosexual conduct is legal in Mozambique, Rwanda, and the Democratic Republic of the Congo.

[9] United Nations Human Rights Office of the High Commissioner, Born Free and Equal: Sexual Orientation and Gender Identity in International Human Rights Law, HR/PUB/12/06 (2012).

[10] Id.

[11] Id.

[12] United Republic of Tanzania, Prime Minister’s Office, Tanzania Third National Multi-Sectoral Strategic Framework for HIV and AIDS (2013/14-2017/18) (November 2013).

[13] Human Rights Watch has indicated that HIV prevalence among MSM in Dar es Salaam is as high as 40 percent. Human Rights Watch, “Treat Us Like Human Beings”: Discrimination against Sex Workers, Sexual and Gender Minorities, and People Who Use Drugs In Tanzania (2013). Tanzania’s NMSF III cites a study in which 41 percent of 271 Tanzanian MSM tested seropositive for HIV. United Republic of Tanzania, Prime Minister’s Office, Tanzania Third National Multi-Sectoral Strategic Framework for HIV and AIDS (2013/14-2017/18) (November 2013). Further, a 2014 study found that MSM in Dar es Salaam had an HIV rate 2.5 times that of the general population. Ross MW, Nyoni J, Ahaneku HO, et al. High HIV seroprevalence, rectal STIs and risky sexual behaviour in men who have sex with men in Dar es Salaam and Tanga, Tanzania. BMJ Open 2014;4:e006175.doi:10.1136/bmjopen-2014-006175.

[14] Human Rights Watch, “Treat Us Like Human Beings”: Discrimination against Sex Workers, Sexual and Gender Minorities, and People Who Use Drugs In Tanzania (2013).

[15] Itaborahy, LP & Zhu, J, State-Sponsored Homophobia: A world survey of laws: Criminalisation, protection and recognition of same-sex love (8th ed. 2013); see also UN Office of the High Commissioner for Human Rights, Born Free and Equal: Sexual Orientation and Gender Identity in International Human Rights Law, HR/PUB/12/06 (2012).

[16] Human Rights Watch, “Treat Us Like Human Beings”: Discrimination against Sex Workers, Sexual and Gender Minorities, and People Who Use Drugs In Tanzania (2013).

[17] George Ayala et al., Social Discrimination Against Men Who Have Sex With Men (MSM): Implications for HIV Policy and Programs (May 2010).

[18] Personal interview with LGBT advocacy organization. The victim’s identity is being withheld for security reasons.

[19] United Republic of Tanzania, Prime Minister’s Office, Tanzania Third National Multi-Sectoral Strategic Framework for HIV and AIDS (2013/14-2017/18) (November 2013).

[20] These recommendations are based on standards developed by the GLBT Health Access Project. More information on these standards are available at: http://www.glbthealth.org/CommunityStandardsofPractice.htm

[21] See, e.g., Republic of Kenya, Ministry of Education, Science and Technology, Education Sector Policy on HIV and AIDS (2d ed. 2013), https://www.usaid.gov/sites/default/files/documents/1860/Final%20policy%20HIV%20and%20AIDS%202013.pdf

Serious Concerns About Lack of Access to Counsel for Asylum Seekers

Child from Honduras

U.S. Senator Al Franken has called on Secretary of Homeland Security Jeh Johnson to ensure access to counsel for asylum seekers held in family detention centers. Joined by 18 Senate colleagues, Sen. Franken raises serious concerns regarding reports that U.S. Immigration Customs and Enforcement (ICE) is interfering with the ability of asylum-seeking mothers and children to access legal representation. Recently, individual volunteer attorneys, who had travelled to the privately-owned prison in Dilley, Texas where approximately 2000 Central American refugee women and children are detained,were barred from entering to provide  pro bono representation.

Access to counsel can be the difference between life and death for asylum seekers in the United States. Asylum seekers who have lawyers are more than three times as likely to be granted asylum as those who do not.  Having an attorney is “the single most important factor” affecting the outcome of the case. Yet individuals in immigration detention face the biggest challenge in obtaining legal representation.  The American Bar Association estimates that a whopping 84% of immigration detainees nationwide were unrepresented in their removal proceedings.

At the international level, The Advocates for Human Rights drew attention to the appalling lack of access to counsel for asylum seekers during the UN reviews for U.S. compliance with its obligations under the International Covenant on Civil and Political Rights, the Human Rights Council’s Universal Periodic Review, and the Convention Against Torture.  Most recently, The Advocates raised the continuing failure of the U.S. to recognize asylum seekers from Central America’s northern triangle in its statement to the UN Human Rights Council during a September 28 interactive dialogue on the impact of the world drug problem on the enjoyment of human rights:

As an NGO that provides free legal services to asylum seekers in the United States, we would particularly like to draw attention to an issue that we see on a daily basis: the impact that violent transnational criminal gangs in Central America, fueled by profits from the trade in illegal drugs, have on the lives Central Americans, forcing thousands of women and children to flee and seek safety in the U.S.

Transnational gangs extort, threaten, and forcibly recruit people living in strategic drug trafficking corridors. States in the region are ill-equipped to deal with crimes by these gangs, leaving victims unprotected from serious harm, including torture, disappearance, sexual violence, and murder. And the violence continues to grow, as gangs seek to solidify their control over valuable drug trafficking routes.

For example, gang members threatened to kill one of our clients, who I’ll call “Teresa”, after her family could no longer afford to pay protection money for the family business. Armed gang members abducted her, threw her into a truck, and took her to the leader’s house, where he beat and raped her. Left with no choice but to flee, she sought asylum in the U.S.

Yet the U.S. violates the fundamental rights of asylum seekers like Teresa by failing to recognize victims of transnational criminal gangs as refugees, even when such gangs operate as quasi-state actors that routinely torture, rape, and kill those who resist support or recruitment.

Asylum seekers face other violations, including arbitrary detention and prosecution for illegal entry. Mothers and their children are detained in difficult conditions pending preliminary credible fear determinations in two privately-owned prisons where attorneys have been denied access to clients and even summarily barred from the facilities.

The Advocates for Human Rights calls upon:

  • the Human Rights Council to include this issue in the discussion about the impact of the world drug problem on human rights;

  • the United Nations member States to ensure that their national drug policies consider the impact on the human rights of affected individuals and their countries; and

  • the U.S. to end family immigration detention and expedited removal procedures and to treat all asylum seekers in accordance with international standards.

See The Advocates’ volunteer Dr. Bill Lohman deliver the oral statement to the Human Rights Council:

In July, The Advocates launched a bilingual National Asylum Help Line to connect families released from U.S. immigration detention centers like the one in Dilley with free legal services. Migrants are encouraged to call the Help Line at 612-746-4674 to receive basic legal screening, information about the legal process, and referrals to agencies in areas in which they live.

By Michele Garnett MacKenzie, The Advocates for Human Rights’ Director of Advocacy, and Deputy Director Jennifer Prestholdt

Originally published at theadvocatespost.org on October 29, 2015.

Voices from Silence: Personal Accounts of the Long-term Impact of 9/11 #NeverForget

The foreword from The Advocates for Human Rights’ report Voices from Silence: Personal Accounts of the Long-term Impact of 9/11. Published in February 2007, “Voices of Silence” details the impact of 9/11 on the lives of immigrants, refugees, and religious minorities in Minnesota. It documents personal stories of fear and discrimination in a post-9/11 environment and contextualizes them with an overview of laws and policies that have affected these communities. As a staff member of the organization that published this report, I was privileged to play a small part in the drafting and editing of this report.

September 11, 2014 was a day of terrible tragedy, on every level -personal, community and national. We must always honor the memory of those who lost their lives to acts of terrorism, as well as the courage of those who worked so hard to help others. But neither should we forget what happened in the United States after the terrible events of 9/11 and the impact that fear and discrimination had on a personal, community, and national level. #NeverForget

The Advocates Post

candle from morgue fileLate in the afternoon of September 13, 2001, a Minnesota Advocates for Human Rights (now, The Advocates for Human Rights) staff attorney was meeting in our office with two of our pro bono clients, a Christian couple fleeing religious persecution in Egypt. Although it had been rescheduled from the afternoon of September 11, this meeting to prepare their application for asylum was routine for our organization, which provides legal representation to hundreds of asylum seekers each year. During the meeting, however, two uniformed Minneapolis police officers obtained access to the locked offices of Minnesota Advocates for Human Rights and, without warning, entered the room where our clients were meeting with their attorney. Th police apologized for interrupting the meeting, but sated that they were obligated to investigate a report that a “Middle Eastern” man had entered the building, which was located next to the Federal Building in downtown Minneapolis. After…

View original post 600 more words

The Injustice of Silence

A thought-provoking and important post by my colleague Ayona Riley. Definitely worth a read!

The Advocates Post

Ayona Riley Ayona Riley

I graduated from Marquette University in the spring of 2014. As a political science major, I did not have an exact “dream job” pinned down. The only aspect of my post-graduation plans that I had pinned down, was that I knew I wanted to help people. Naturally, throughout my senior year of college I applied to various post-graduate service opportunities. I chose to serve with the Jesuit Volunteer Corps (JVC), because it was the only program I applied to that emphasized the connectedness of faith and social justice. I wanted to put my faith in action. Through the JVC, I was placed with The Advocates for Human Rights to serve as a full-time program assistant for the Refugee & Immigrant Program and the Research, Education, and Advocacy Program. Aside from serving full-time with The Advocates, I live in intentional community with four other Jesuit Volunteers (JVs).

I applied…

View original post 1,357 more words

My Daughter Drew Me This Picture

My 10-year-old daughter drew me this picture and slipped it into my briefcase as a surprise.

Sometimes it is children who have the  strongest sense of justice. How do we lose that as adults?

 I’m going to hang this picture in my office where I can see it every day –

a reminder to never give up!

A Mother’s Love is a Force of Nature

IMG_1568
Mother and daughter in Nepal

There are more than 2 billion mothers in the world today by some estimates. In my travels, I have seen the special role that mothers play in making the world a better place for all children.

A mother’s love is a force of nature, whether making sacrifices to ensure that her daughter is able to get an education or fighting for justice for their children. The mothers of the disappeared (ANFASEP) in Ayacucho, Peru lost their sons during the long, violent conflict in Peru.   For nearly 30 years, these women have been trying to find out who killed their sons and where their remains are.  

Mothers of the Disappeared in Peru
Mothers of the Disappeared in Peru

With their love, mothers are changing the world – one kid at a time.

58772_1556683324427_3849409_n
Me with my daughter in Norway.

Happy Mother’s Day – and thank you – to each of you mothers!

“All our SPCS family r safe”

SPCS students enjoying recess.  March 2015. (Credit:  Jennifer Prestholdt)
Students at the Sankhu-Palubari Community School enjoying recess in March, 2015. (Credit: Jennifer Prestholdt)

Originally published on The Advocates’ Post.

“All our SPCS family r safe …”

This was the message I received from Anoop Poudel, headmaster at the Sankhu-Palubari Community School (SPCS), on Monday night. We had been desperately trying to reach Anoop and others connected with SPCS since the 7.8 earthquake devastated Nepal on Saturday, April 25.  Our concern grew as the death toll mounted and the strong aftershocks continued in the Kathmandu Valley. What a relief to learn that the teachers and 340 students at the school, as well as their families, are safe!

The Sankhu-Palubari Community School in the rural Kathmandu Valley, March 2015. (Credit: David Kistle)
The Sankhu-Palubari Community School in the rural Kathmandu Valley, March 2015. (Credit: David Kistle)

In my role as The Advocates for Human Rights’ deputy director, I coordinate The Advocates’ Nepal School Project. I was in Nepal just a few weeks ago with a team of volunteers to conduct our annual monitoring visit. The Advocates has been partnering with the Sankhu-Palubari community since 1999 to provide education as an alternative to child labor for low-income children in the area who would otherwise be working in brick yards or in the fields.

The Sankhu-Palubari Community School provides free, high quality education to children in grades pre-K through 10. Many of the students walk a long way to get to school – some as long as two hours each way.

The students’ standardized test scores are among the highest in Nepal, a highly competitive honor. And the school was awarded Nepal’s prestigious National Education Service Felicitation Award in 2014. Graduates are now studying at universities, preparing to become doctors, social workers, teachers, and agronomists; many plan to return to their village to improve the community’s quality of life. Their contributions will be even more important now, in the aftermath of this devastating earthquake.

Some students walk - up to 2 hours each way - to Sankhu-Palubari Community School to access their right to education.  (Credit: Laura Sandall)
Some students walk – up to 2 hours each way – to Sankhu-Palubari Community School to access their right to education. (Credit: Laura Sandall)

The school is especially important for girls, who make up 52 percent of the student body. When SPCS began, girls often left school at an early age to marry or work. Now, they are staying and graduating because families have experienced the benefits of education. (You can read the inspiring story of SPCS’ first female graduate in Kanchi’s Story.)

First grade student at SPCS (Credit: Jennifer Prestholdt)
First grade student at SPCS (Credit: Jennifer Prestholdt)

The new school year had just started at SPCS, but school was not in session when the earthquake hit. Students in Nepal attend school six days a week; Saturday is the only day when there is no school. Many people believe that, had it been a school day, the numbers of dead and injured in Kathmandu and throughout the Kathmandu Valley could have been much higher.

Even with that one tiny bright spot in a terrible national tragedy, UNICEF estimates that nearly 1.8 million children in Nepal were severely affected by the earthquake. Most of our students, who come from extremely poor agricultural families, are included in that number. Anoop sent me several more texts after the first, describing heavy damage in the area of the eastern Kathmandu Valley where the school is located. Media sources and other Nepali contacts also confirm extensive destruction in the Sankhu area. While we don’t have a lot of information yet, Anoop reported that he believes that more than 90 percent of the students and teachers have lost their homes in the earthquake. They are living outside in temporary shelters because of continuing aftershocks.  Word about the school building’s fate is yet to be received.  The first relief teams are reportedly scheduled to arrive in the area on Wednesday.

Primary students at SPCS (Credit: Jennifer Prestholdt)
Primary students at SPCS (Credit: Jennifer Prestholdt)

Our hearts go out to everyone in our SPCS family, as well as to the millions of other Nepalis affected by the “Black Saturday” earthquake.  At The Advocates, we believe that support for basic human needs such as water, food, and medical assistance in Nepal is the most urgent need at this point in time. We encourage people to give to reputable international humanitarian assistance organizations involved in the earthquake relief effort (you can find more information in the links below). In the long term, Nepal will need sustainable rebuilding and development programs.

Because education is essential to reducing poverty and inequality, the best way that The Advocates can support the rebuilding of Nepal is to is to ensure that the education of the students at our school continues with the least amount of interruption possible. We remain focused on that goal.

To find people in Nepal:

Use the Restoring Family Links tool on the ICRC website to search for a family member or friend in the area hit by the earthquake.

Use Google Person Finder if you are looking for, or have information about, someone in the affected area.

Use Facebook Safety Check to connect with you friends in the area and mark them as safe if you know that they’re ok.

Articles about how to contribute to the earthquake relief effort in Nepal: 

How to Help The Relief Effort in Nepal

Nepal Earthquake: How To Donate

How To Help Nepal: 7 Vetted Charities Doing Relief Work Following the Earthquake

Don’t Rush to Nepal. Read This First. 

Photo of pre-K students at the Sankhu-Palubari Community School (Credit: David Parker)
Photo of pre-K students at the Sankhu-Palubari Community School (Credit: David Parker)

Deputy Director Jennifer Prestholdt interviewing a student.Jennifer Prestholdt is the Deputy Director and International Justice Program Director at The Advocates for Human Rights.  In March 2015, she made her sixth trip to the Sankhu-Palubari Community School in Nepal.

News You May Have Missed (11-18 April, 2015)

Photo: MOhammad MOheimany  jamejamiage.irhttp://image.jamejamonline.ir/ImagePreviewSlider?nn=1869842704282503769&m=840228
Photo: MOhammad MOheimany jamejamiage.irhttp://image.jamejamonline.ir/ImagePreviewSlider?nn=1869842704282503769&m=840228

Although women in IRAN are still banned from riding a motorbike in public and are not able to get licenses, Behnaz Shafiei (the only Iranian female rider to have done professional road racing) was among the first group of women to obtain official permission to practice on off-road circuits. 

I was traveling for work during the month of March, so did not have time to do my weekly roundup of the human rights news items that I think deserve a little more attention. But I’m back now … so here we go with the news you may have missed this week!  

In the past 10 years, social campaigning by health workers and government regulations have forced the practice of female genital mutilation into the fringes in INDONESIA. But while the worst forms of female circumcision have largely fallen out of custom, the subtler practice still persists in potentially harmful ways.  Atas Habsjah, vice-chairwoman of the Indonesian Planned Parenthood Association (PKBI), acknowledges a transition from “scissor snipping” to “needle scratching,” but says it’s not enough. Most Indonesian girls, she says, still undergo some kind of circumcision. She argues that many clinics continue offering female circumcision because it’s “good business.” Female circumcision, like ear piercing, is charged as an optional extra to delivery. “They shouldn’t do anything at all. There is no medical indication, and it’s not in the Quran. We say don’t touch the genitals, it’s against human rights,” she says.

After determining that 10% of passengers experience unwanted sexual behavior on public transportation in London, UNITED KINGDOM but that only 1 in 10 reported it, Transport for London launched at new “Report it to stop it’” campaign.  The campaign aims to increase reporting of unwanted sexual harassment and assault on public transportation and gives specifics about how and what you need to report. 

Refugee family finds shelter in the Bili camp, just across the river from the Central African Republic.  UN Foundation/Corentin Fohlen
Refugee family finds shelter in the Bili camp, just across the river from the Central African Republic. UN Foundation/Corentin Fohlen

More than 20,000 new refugees from the CENTRAL AFRICAN REPUBLIC have arrived in northern CONGO since the end of 2014, bringing the total number here to almost 90,000. They live in spontaneous settlements near the banks of the Oubangui River, where malaria is endemic. Small medical teams have arrived to care for the refugees who left everything. They are also providing the mosquito nets they need to protect themselves.

The video Hilary Clinton used to launch her 2016 UNITED STATES presidential campaign will run in RUSSIA on TV Rain (Russia’s only remaining independent network) – but with an 18-and-over rating. A TV Rain spokesman told ABC News on Monday that the age warning was meant to avoid prosecution under the country’s ban on homosexual “propaganda” among minors.  One scene of the video shows two men holding hands and discussing their plans to get married this summer.

KENYA  has urged the UN refugee agency to remove the Dadaab camp housing more than half a million refugees from SOMALIA within three months, or it will do so itself. The request is part of a response to the recent killing of 148 people by Somali gunmen at a Kenyan university. Kenya says it is protecting national security, having in the past accused fighters of hiding out in Dadaab camp, the world’s largest refugee complex, which it now wants moved across the border to Somalia. In response, the UN refugee agency warned that forcibly repatriating the refugees (mostly Somali women and children, who have been living there for years or were born there, and have never been to Somalia) violates international law. 

Photo: Girl Up https://medium.com/@unfoundation/5-days-5-facts-educate-a-girl-change-the-world-2991193b319b
Photo: Girl Up https://medium.com/@unfoundation/5-days-5-facts-educate-a-girl-change-the-world-2991193b319b

The good news: According to the latest report on the Millennium Development Goals, “In 2012, all developing regions achieved, or were close to achieving, gender parity in primary education.”  The bad news: We still have further to go to make sure every girl can learn, especially as she advances into secondary school and beyond. Right now, more than 60 million girls are out of school. Poverty, discrimination, and conflict keep many girls from school. And in too many communities, girls are forced to marry young, drop out of school, and work in the home.

At the Paris Marathon last Sunday, Siabatou Sanneh of GAMBIA stood out from the other racers — in addition to her race number, she wore traditional Gambian garb and carried 45 pounds of water on her head. Sanneh, who had never left her home country before, participated in the marathon on behalf of Water for Africa to raise awareness of the difficulties African women face in accessing clean water. While she walked the race, she also wore a sign that read: “In Africa, women travel this distance everyday to get potable water. Help us shorten the distance.”