Jurist

Salvini to face charges over migrant detention

The Italian Senate voted Feb. 12 to lift former Interior Minister Matteo Salvini's parliamentary immunity over his treatment of asylum seekers. Under Italian law, Salvini had immunity from criminal prosecution over actions he had taken while serving in the cabinet. But, at the request of prosecutors in Catania, Sicily, the Senate voted 152-76 to strip Salvini of his immunity, thus formally authorizing prosecutors to press charges against him for his decision to refuse entry to approximately 131 asylum-seeking migrants last July.

Africa mining confab urged to address human rights

Amnesty International on Feb. 3 urged participants in an international mining conference in South Africa to address human rights violations. African Mining Indaba, a conference centered on promoting the industry on the continent, is set to run this week, but several civil organizations, including Amnesty, are holding their own conference for the eleventh time to bring attention to claims of rights violations in the mining industry in Africa. Amnesty director for East and Southern Africa Deprose Muchena said in statement: "From child labour in the Democratic Republic of Congo to squalid living conditions for workers at South Africa's Marikana mine, the mining industry is tainted with human rights abuses. Mining firms have often caused or contributed to human rights abuses in pursuit of profit while governments have been too weak in regulating them effectively."

UN calls for accountability in Libya air-strikes

A report published Jan. 27 by the UN Support Mission in Libya (UNSMIL) and the UN Human Rights Office reveals that at least 53 migrants and refugees were killed in the July 2019 air-strikes on the Tajoua detention center outside Tripoli. Those killed were determined to be citizens of Algeria, Chad, Bangladesh, Morocco, Niger and Tunisia. The report also determined that 87 male migrants and refugees were injured in the attack. The strikes were found to have been conducted by aircraft belonging to a "foreign state" that might have been under the command of the Libyan National Army (LNA) or operated under the command of that foreign state in support of the LNA. The report found that in addition to the internal conflict in Libya, a "parallel situation of international armed conflict" may also exist between outside states supporting the LNA and rival Government of National Accord (GNA).

Court hears arguments on Trump's travel ban

The US Court of Appeals for the Fourth Circuit in Richmond, Va., began hearing oral arguments Jan. 29 in International Refugee Assistance Project v. Donald Trump, a case challenging the administration's travel bans. The plaintiffs, led by IRAP, argue that, despite the Supreme Court ruling in Trump v. Hawaii, their challenge is not barred. They contend that the high court simply addressed the preliminary injunction, and not the merits of the overall travel ban. The case challenges the proclamation Protecting the Nation from Foreign Terrorist Entry into the United States, Executive Order 13780. The plaintiffs are asserting that the proclamation is unconstitutional, while the Trump administration argues that Trump v. Hawaii settled the constitutionality of the proclamation.

US sanctions ex-soldiers for 1989 Salvador killings

The US State Department on Jan. 29 announced sanctions against 13 former Salvadoran military officials for their involvement in the 1989 killings of eight individuals. The former officials were found to be implicated in gross human rights violations when they planned and carried out the extrajudicial execution of six Jesuit priests and two others on the campus of Central American University in El Salvador on Nov. 16, 1989. The officials were designated under Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriation Act 2019. Section 7031(c) states that when the Secretary of State has credible information that current or former foreign government officials have been involved, whether directly or indirectly, with human rights violations or corruption, those individuals and their immediate family members are ineligible for entry into the US.

ICJ: Burma must prevent Rohingya genocide

The International Court of Justice (ICJ) ruled unanimously Jan. 23 that Myanmar (Burma) must take "provisional measures" to address the "ongoing risk of genocide" faced by the remaining Rohingya people within the country's borders. The ruling also ordered Myanmar to preserve evidence of killings and to make regular reports to the court. This decision arises as part of the ongoing dispute between The Gambia and Myanmar regarding allegations of genocide against the Rohingya Muslim minority. The Gambia brought a complaint to the ICJ in November and the trial officially commenced in December with oral arguments from the two sides. The Gambia requested that the ICJ institute "provisional measures" against Myanmar to ensure the protection of the Rohingya people during the trial and to preserve evidence. The court found that given the inherent gravity of genocide allegations and the prima facie evidence already presented, provisional measures were necessary to preserve the rights of the Rohingya currently remaining in Myanmar.

Order allowing localities to refuse refugees blocked

Maryland federal judge Peter Messitte on Jan. 15 blocked the Trump administration's order permitting state and local governments to prevent refugees from settling in their respective jurisdictions. The order stated that refugees must apply for written consent from local governments before settling in their areas of choice. It was challenged by three immigration advocacy groups, the Church World Service, Lutheran Immigration and Refugee Services, and the Hebrew Immigrant Aid Society (HIAS). The preliminary injunction puts a temporary hold on the order. Messitte's reasoning was grounded in respect for statutory authority and separation of powers: "By giving states and local governments the power to veto where refugees may be resettled—in the face of clear statutory text and structure, purpose, congressional intent, executive practice, judicial holdings, and constitutional doctrine to the contrary—Order 13888 does not appear to serve the overall public interest."

Mexico: 60,000 'disappeared' in drug war

Mexican authorities announced Jan. 6 that an estimated 61,637 people have disappeared amid the country's drug war. A previous analysis in April 2018 put the figure at just 40,000. The new figure was calculated based on analysis of data from state prosecutors. While the cases analyzed date back as early as the 1960s, more than 97% of the cases have occurred since 2006, when then-president Felipe Calderón began a military crackdown on drug traffickers. More than 5,000 people disappeared last year, according to Karla Quintana, head of Mexico's National Search Commission (Comisión Nacional de Búsqueda de Personas).

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