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nick_gauthier

OAS :: IACHR : Precautionary Measures - 0 views

  • The mechanism for precautionary measures is established in Article 25 of the Rules of Procedure of the IACHR. The Rules of Procedure establish that, in serious and urgent situations, the Commission may, on its own initiative or at the request of a party, “request that a State adopt precautionary measures. Such measures, whether related to a petition or not, shall concern serious and urgent situations presenting a risk of irreparable harm to persons or to subject matter of a pending petition or case before the organs of the inter-American system.”
  • tool for protecting the basic rights of the people of the 35 states that are subject to the Inter-American Commission’s jurisdiction
  • Article 26 of the then Regulations provided that “provisional measures” were called for “[i]n urgent cases, when it becomes necessary to avoid irreparable damage to persons.” The formal establishment of this mechanism within the Commission’s Rules of Procedure and its gradual development through application in practice fit the pattern by which the inter-American human rights system has traditionally cultivated its mechanisms of protection. This article follows from the IACHR’s duty to ensure compliance with the commitments undertaken by
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    The IACHR is an autonomous organ of the OAS that promotes and protects Human Rights. This article outlines their ability to take precautionary measures overriding the legal process if the situation sees fit and certain persons are in immediate danger.
nick_gauthier

OAS: Save Human Rights Body | Human Rights Watch - 0 views

  • Member countries of the Organization of American
  • Member countries of the Organization of American
  • Member countries of the Organization of American
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  • Member countries of the Organization of American
  • States (OAS) should promptly ensure that the Inter-American Commission of Human Rights receives enough financial support to fulfill its mandate, Human Rights Watch said today. The commission, a key defender of human rights in the Americas, faces a financial crisis that threatens justice and protection to victims of abuses across the continent.
  • If OAS member countries don’t address this financial crisis, it will cast serious doubts on their commitment to human rights, and raise suspicions that they want to do away with the commission’s scrutiny.”
  • Such standards relate, amongst others, to the incompatibility of amnesties for serious human rights violations with human rights law, the scope of criminal military jurisdiction, access to public information, the rights of LGBT people, and gender-based violence.
  • OAS member states fail to promptly address this financial crisis, the risks for activists, human rights defenders, and others are likely to increase, Human Rights Watch said.
  • dozens of human rights organizations bring complaints of abuses before the commission and have the opportunity to call government authorities to account on their rights record in what is the most important human rights forum in the Americas
  • However, the OAS has yet to live up to its commitment and the commission continues to rely on voluntary donations, which account for around half of its budget. Such donations – especially from non-OAS member states – steeply decreased in 2015 and 2016, fostering this financial crisis.
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    This article is a plea for money to fund the IACHR which relies 50% on volunteers and donations, when in fact it needs money from OAS member states and the OAS to fully support itself and advocate sufficiently for Human Rights.
nick_gauthier

Nicaragua 2015/2016 | Amnesty International - 0 views

  • Sandinista National Liberation Front party continued to excercise significant control over all branches of government
  • Inter-American Commission on Human Rights (IACHR) ordered Nicaragua to provide protection measures to the Miskito people, after the ongoing conflict between the Indigenous community and colonos (settlers) attempting to take over the community's ancestral land escalated in September
  • Government officials and supporters sought to repress and stigmatize the work of civil society organizations and media outlets that had been critical of the ruling party
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  • In a hearing in October before the IACHR, Nicaraguan and regional human rights organizations discussed their concerns about human rights abuses against women and g
  • However, the NGOs expressed concern about reforms passed in 2013 that weakened the Comprehensive Law against Violence against Women (Law 779),
  • by offering women mediation with their abusive partners in some cases of domestic violence.
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    The Nicaraguan government stigmatized the local groups and the NGOs that advocate human rights. National Liberation Front party continued the exercise significant control over all branches of government.
nick_gauthier

OAS :: Human Rights - 0 views

  • he term “human rights” is broad and encompasses numerous, more specific issues under its general umbrella, such as the rights to free speech, to political participation, to a free and transparent system of justice, and others
  • Inter-American Commission on Human Rights (IACHR) has advocated for justice and defended freedom throughout the Americas
  • have affirmed their unequivocal commitment to democracy and human rights, and the Commission strives to ensure that this commitment produces tangible results.
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    This gives a general overview of the mission of the OAS in regards to Human Rights. Furthermore, the Inter-American Commission on Human Rights is a safeguard to defend and advocate freedom and Justice throughout the Americas.
rachelramirez

How an Indigenous Group Is Battling Construction of the Nicaragua Canal | Science | Smi... - 0 views

  • live on Rama Cay, a 22-hectare island that rises from the water like a set of oversized goggles about a kilometer and a half off Nicaragua’s Caribbean coast. The island is home to roughly half of the Rama’s 2,000 or so community members;
  • Unlike most Rama, Becky McCray has a college degree
  • The Rama’s territory, along Nicaragua’s Caribbean coast, stretches roughly from the Costa Rican border north to just south of Bluefields. Their territory is shared with the Kriols, descendants of Africans who adopted the Rama way of life centuries ago.
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  • The Rama-Kriols hold a communal title not only to the nine settlements where community members live, but also to the 4,843-square-kilometer territory where they fish, hunt, and farm. If current construction plans for the canal go ahead, that territory will be severed in two.
  • The massive Nicaragua Canal planned by a secretive Chinese billionaire, Wang Jing, and managed by his company, the Hong Kong Nicaragua Development Group (HKND), will stretch from the Pacific coast, across Lake Nicaragua, to the Caribbean coast and is destined to wipe at least one Rama village off the map
  • . The Rama’s fishing grounds will no longer be safe in the path of 400-meter-long megaships approaching the canal.
  • Aside from the Rama, whose territory will likely be the most impacted, at least four other indigenous groups will face disruption if the canal proceeds. Nicaraguan law explicitly bars indigenous land from being bought or sold; that means the land will be rented, not expropriated, says Kautz. Yet, critics say that because this is not expressly stated in the concession law, the land is vulnerable to seizure.
  • The following day, McCray and her companions watched in dismay as the law was adopted. “We didn’t get a chance to say anything,” McCray remembers. “They didn’t respect us, they didn’t give us a chance to defend what we were claiming.”
  • According to both international and Nicaraguan law, indigenous people must give their “free, informed, and prior consent” to any project that will affect the community’s territory or way of life.
  • According to Manuel Coronel Kautz, the president of Nicaragua’s Canal Authority, the National Assembly had documents from the Rama-Kriol government giving permission for the canal to be constructed prior to the vote that granted the concession
  • McCray was nervous as she read her remarks in Spanish. She cited three articles in the concession law that explicitly give the Canal Commission the right to expropriate indigenous land, and then she accused the government of violating international norms in the way it conducted community consultations, perhaps most blatantly by paying villagers—many of whom are illiterate—to come to the meetings. (Those villagers, Acosta claims, were then pressured into signing documents that they could not understand.)
  • Acosta filed a legal challenge to the canal concession law on July 1, 2013, just weeks after it was approved. Like the 31 other legal challenges to the law—based on environmental factors, human rights, and national sovereignty—the Rama’s legal case was dismissed. The Supreme Court said the lawsuits were invalid because the law passed the National Assembly with a wide majority and because the major development project took precedence.
  • Acosta worries that the Rama will lose their territory—displaced by golf courses and beach resorts—even if the Nicaragua Canal is never built.
  • The case at the IACHR is probably the Rama’s best chance for meaningful international intervention, but it remains to be seen whether or not this glimmer of hope is enough to protect their territory and keep their culture alive.
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    Nicaragua seems to be blatantly attempting to pull the wool over the eyes of the indigenous people, but not expecting to get caught. From what I have previously read Nicaragua wants to be a player on the world stage, but they cannot achieve this status if they are not treating their people humanely. Although the government did get the indigenous group the Rama to sign documents that allowed the canal to be built on their land, government representatives knowingly had illiterate members of the Rama sign these official land documents. The indigenous people of Nicaragua deserve to be better informed about the canal, and the government owe the people understanding.
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