“La Cour”

Daisy McCabe-Lokos, who is interning with MRG’s dynamic Legal Cases Programme, reports back from a trip to the European Court of Human Right.

Sitting in the front row of the ultra-modern, ultra-Euro styled, Grand Chamber, I couldn’t help but agree with what another legal intern sitting next to me exclaimed, “When they say Grand, they’re not messing around!”. The panel of seventeen judges, each from a member state of the Council of Europe, entered in through double doors to our left in what seemed like an endless procession of dark blue robes and stark-white collars. They were preceded not only by a man who had been charged with the duty to declare “La Cour!”, but also by a jarring primary school recess bell indicating that it was time for us to rise for the Justices.

Once the bench sat down in the “UN Blue” upholstered office chairs that filled the room, we did too. Immediately I surveyed the members of the bench. To my dismay my Xeroxed seating chart did not match up to their real life seated positions. I knew this because as I made my initial survey I noticed that out of seventeen judges only four were women, and I was pretty confident that one of them was not named Egbert. I also noticed that there was a shortage, in fact a total absence, of visible minorities on the bench.

Having come from University of Windsor Faculty of Law in Canada, a school whose flagship phrase is “Access to Justice”, I have studied, queried and debated the existence (or lack thereof) of both formal and substantive equality in the Canadian legal system times over. The first female appointee to the Canadian Supreme Court, Madam Justice Bertha Wilson, asked in 1990: “Will women judges really make a difference?”. In the case of the ECHR bench this is a question that could be extended to include many minority group members who may feel underrepresented at the highest Court in Europe.

Considering the substance of the case at bar on June 3rd, equality was a pertinent issue in the court that day; not only for me. It is our hope at MRG that the work has paid off, that the intense collaborative efforts made by all those involved will heed the optimum outcome. Sejdić and Finci v. Bosnia and Herzegovina holds promise to spur the amendment of an entire state constitution; to condemn discrimination and embrace real formal and substantive equality in the highest decision making bodies of the state. The question remains, can the Court do the same?

Blatant discrimination in Bosnia and Herzogovina challenged at European Court

John Thompson, who is interning with MRG’s Legal Cases Programme, visits the European Court of Human Rights to observe a landmark case.

Today, I attended the hearing of Sejdić and Finci v. Bosnia and Herzegovina (no. 27996/06 and 34836/06) before the Grand Chamber of the European Court of Human Rights (ECtHR).  It was an incredible experience to see the Grand Chamber in action.  Mr. Finci and Mr. Sejdić are Jewish and Roma respectively, and, under the current constitution of Bosnia and Herzegovina (BiH), the applicants do not have the right to stand for political office in some of the highest positions in the country.  These positions are reserved for Bosniak, Croat, and Serb ethnic groups under the power-sharing agreement of the 1995 Dayton Peace Accords.

The international community has unanimously spoken and condemned it as systematically discriminatory.  One thing that strikes me about the case is how incredibly blatant the ethnic/racial discrimination is.  It is hard to imagine how it has persisted for so long.  Even American Vice President Biden recently stated in a speech delivered to the BiH people that the country “requires an electoral process that does not exclude any ethnic group.”

It was a true pleasure to be able to visit the Court.  I am a firm believer in the missions of European institutions and in the need of the entire world community to support them.  However, there seems to be a large disconnect between the European institutions and the citizens of Europe.  Many individuals do not even consider themselves European, and some feel that the EU and the ECtHR are sapping national power and creating a wealthy bureaucracy that contributes little to member state’s prosperity.  I acknowledge that European bodies must address the top down, rubber stamp approach that alienates many citizens, but, at the same time, I ardently believe in the utter necessity to improve and promote these institutions, despite their weaknesses and the cultural and social differences between member states.

Although a Londoner and a Slovak citizen might feel as if they have nothing in common, on the contrary, they face an interconnected future and they depend on one another.  This continent has seen too much bloodshed over the last century, and it is up to the institutions of Europe to promote the ideals of democracy, justice, and dialogue in order to avoid the mistakes of the past.  It was a blessing to visit a Court that is making progress towards a better future for the whole of Europe.

Re-branding Persia

Today, the world is watching as Iranians come out to vote in the presidential elections. MRG’s production editor, Kristen Harrison, suggests the country is in need of some good PR.

Iran is a country desperate for change, not just in terms of the lives of individuals but in terms of its relationship with the outside world. Ayetollah Khomenei’s Islamic revolution 30 years ago was – in the eyes of many Westerners – the start of a downhill slide for Iran’s PR . This was not just a political or religious revolution, it was a cultural revolution that would fundamentally change how the rest of the world perceived the country. Iran went from being seen as a Persian paradise – full of art, history, culture and romance – to being seen as an oppressive society full of censorship, political scarring and angry, grumpy people. Now, to be sure, Iranians suffered greatly under the Shah and there are many who strongly support the Islamic government. And Iranian minorities have suffered discrimination under both regimes. Nevertheless, we need reminding that Iran is still that Persian paradise.

The problem for Iran is the vast divide between its people and its leadership. A rich, colourful world exists but it’s wrapped in a bubble of political and religious rule that prevents anyone from seeing in or out. I recently spent 10 days holidaying in Iran and what was most surprising was the complete disjuncture between my preconceptions and the reality. In no way is Iran intimidating. In no way is Iran dangerous for tourists. In no way is Iran full of miserable, silenced women. In no way is Iran an impenetrable country. I have never visited a country where such warmth just springs from the souls of people. Everywhere we went people wanted to talk to us, take us home and feed us, introduce us to their parents, show us off to friends and proffer all manner of hospitalities. After initial feelings of suspicion (why on earth are they being so nice?) we realised their motivations were completely altruistic. They just  wanted us, as foreigners, to enjoy their beautiful country.

What more can I say. I hope Iran’s future involves bridging the gap between the citizens of the country, the government, and the outside world. It is a country to be embraced, not feared. Here are a few photos to
illustrate some of what Iran is really about. But please, go and see for yourself.

Oh, and on that issue of re-branding, perhaps a return to the name “Persia” is a place to start.

The roof of Jameh Mosque in Esfahan, showing the beautiful geometric designs that persian buildings are famous for.

Azadi (meaning ‘freedom’) monument in Teheran, built in 1971 (pre-revolution) to commemorate the 2500th anniversary of the Persian empire.

The roof of a traditional Iranian restaurant in Esfahan.

This group of schoolboys were keen to practice their English with us.

Sour plums. Popular with Iranians but… well… an acquired taste.

Jameh Mosque in Esfahan was one of the highlights with its impressive architectural symmetry and use of light.

Fatima’s mum is teaching her English. She is 4 years old and can already count to 23.

An example of true architectural genius. These wind towers act as airconditioners to cool the houses in Yazd, a desert city. Why oh why haven’t we adopted this technique?

The flame at this sacred Zoroastrian site has been burning for 1250 years.

Motorbikes are everywhere, even in these narrow backstreets of Yazd.

A now abandoned Zoroastrian village on the outskirts of Yazd.

The nightlife in Teheran is buzzing and it is also very civilized, alcohol-free and family-friendly. This carload are heading to one of the many packed local parks to enjoy an evening picnic.

Your average intersection in Teheran demonstrating another of Iran’s contradictions: all the lovely, warm people turn into maniacs behind the wheel of a car.

An 83-year-old rollerblader in Laleh Park, Teheran.

mmmm… spices.

Pol Bridge, Esfahan.

Zayandeh river in Esfahan is currently experiencing a serious drought.

Pictures on the wall show famous Zurkhaneh athletes. Zurkhaneh is the national sport of Iran and is accompanied by a man with a large drum who sings poetry. Amazing to watch.

These girls enjoy a dip in the main fountain of Imam Square, Esfahan.

An man leaves a market in Esfahan laden with mysterious empty bottles.

Durban Review Conference – Geneva

Paul Mulindwa, MRG’s Africa Project Officer based in Kampala, Uganda, reports back from the Durban Review Conference in Geneva

Having come from Uganda representing Minority Rights Group and the work they do in Africa, I was especially excited to attend this conference because it was obvious how significant it could be. Many other NGOs clearly felt the same – the amount attending the event in total reached 417. Accreditation was made much simpler than usual for the UN, the loose vetting procedure being testimony to the non-discriminatory ethos of the conference. There were also over 80 national human rights institutions and the attendance of most respective member states, apart from a select few (Italy, Netherlands, Poland, German, Canada, Australia, New Zealand, USA, and Israel) who snubbed the event from the outset.

There was a general feeling of optimism during the opening ceremonies and speeches, the Secretary General’s words particularly resonating: after decades of advocacy across the world, racism still persists. Less welcome was the subsequent speech of President Ahmedinejad in what seemed an attempt to hijack the universal nature of the Durban Review and turn it into a dispute about relations between Israel and the Middle East, a trend highlighted by Minority Rights Group identified in 2001. This controversy meant that the following two days were somewhat dominated by issues to do with Israel and the Middle East, this in turn having an effect on the Western press coverage of the event. While after time the conference gained perspective and focus, it wasn’t until much later that I heard any substantial discussion on the Durban Declaration and Program of Action (DDPA) – the conference’s most action-orientated document that proposes concrete measures to combat racism, discrimination, xenophobia and related intolerance. The DDPA addresses a wide range of issues and is especially important because it embodies the firm commitment of the international community to tackle racism. It also recognizes, like the Secretary General, that no country can claim to be free of racism, that racism is a global concern and that tackling it should be a universal effort.

The conference was organized in such a way that there were many side events, performances and plenary taking place at the same time. MRG’s Mark Lattimer introduced an event 9 addressing discrimination against Muslims in counter-terror measures, alongside various other cultural events, shows and displays. The most significant of these for me was a forum called Voices 9 that provided a platform for individuals from diverse backgrounds to share their experiences and give a human face to issues addressed by the conference. Listening to the testimonies of these people the magnitude of the discrimination across the world became tangible, as I listened to the individual stories of Albinos, women in Nigeria, Aborigines in Australia…

The general outlay of the conference and the presentations and documents available showed that the conference was indeed overdue and necessary. It was clear that the Human Rights Council – its special procedures, mechanisms and relevant treaty bodies –thoroughly incorporated the 2001 Durban Declaration and Program of Action into its work. Although the DDPA is not legally binding, it has a strong moral value and serves as a basis for advocacy efforts worldwide. So probably the most important dilemma now will be making the three follow-up mechanisms it created more effective.

The conference was encouraging and I am optimistic that if similar conferences could take place more often, with member governments respecting and fulfilling the obligations stated in the outcome document, in particular adopting the legislation ensuring the right to equality and non-discrimination, and providing adequate remedies and reparations for the victims of racial discrimination, a real difference could be made.

Discovering Kathmandu and a vision for the future of Nepal

Cecile Clerc, MRG’s Head of Fundraising, is in Nepal for a meeting with MRG partner organisations to design a new programme to fight discrimination against Dalit women.

Asia seems to be a popular destination with MRG staff lately. A few weeks ago, my colleague Emma was in India and this time, Kathryn, our Gender and Advocacy Coordinator and I have landed in Nepal.

We are in Kathmandu for a couple of days to meet with MRG’s main in-country partners (FEDO and DNF) and discuss the possibility of designing a new programme focussing on fighting against the discrimination experienced by Dalit women and girls.

While waiting to go through immigration and medical checks (yes the spectrum of swine flu has reached Asia too) I look through the windows of the airport and see a clear blue sky, tall mountains in the horizon… My first impression of the country is of quietness and tranquility.

And then we leave the airport… and everything changes!

No more peace… motorbikes, human beings, cars, buses…even cows share the road. Clearly there is no space for everyone. I close my eyes for most of the trip and decide that I’ll admire the surroundings on my way back to the airport when I’m a little more familiar with the traffic.

At the hotel, we meet with Durgha, Director of FEDO. She wants to make sure that everything is fine and that we will be ready for the meeting which starts the following day. We are.

Patan Durbar Square

Before nightfall we go for a walk up to Patan Durbar Square, a monumental area well known for its architectural heritage (particularly Buddhist temples), recognized by UNESCO as a World Heritage Site.

We also experience a few electricity cuts, which are very usual apparently. I go to bed looking forward to meeting our partners tomorrow.

The reason for the powercuts

This morning 17 Dalit activists (15 women and 2 men) from all across Nepal have joined us for the meeting.

The first session is about discussing the issues faced by Dalit women and girls in the country in order for us to get a better grasp of the situation.

To our question, “What do you consider to be the main challenges faced by Dalit women in Nepal?” the immediate shouted answer is “Lack of political participation!” To be honest, I didn’t expect it. I was thinking maybe poverty, illiteracy, violence… But then, discussing with partners during the meeting, I realise that this is a true reflection of how Nepali society is – very politically aware and engaged. The work of the Constituent Assembly is seen by many and especially by Dalits, who are the most economically, socially and politically excluded, as a major opportunity to for the protection and recognition of their rights.

Unsurprisingly, they want to work with MRG on encouraging Dalit womens’ political participation from local to national level. They feel that once Dalit women are able to participate in the decision–making processes that influence their lives, they will be able to advocate for an improvement of their situation. Clearly, much needs to be done.

Our partners talk about the discrimination faced by Dalit women, both within and outside their community. Their extreme poverty; their lack of access to education; the physical violence they experience; the increasing trafficking of Dalit women and girls across the region for prostitution and/or illegal employment.

The list of abuses and denial of rights is long.

Nepali Dalit women at MRG meeting

But the activists are clearly not afraid by the task ahead. Ideas are exchanged on how best to work on the specific issue of political participation. Quickly, we have a strategy in place (which MRG’s Fundraising Team will then have to sell to donors in order to get the necessary funding in place to implement the work). Sometimes I wish some of the potential donors could have joined us. There was so much hope, motivation and dedication in the activists’ voices and eyes that it was truly inspirational.

I thought I’d end this blog by sharing with you two visions of the future of the Dalit movement in Nepal…

At the end of our event, one of the women who actively participated in the meeting introduced us to her daughter. She had travelled with her to attend the event and we had arranged childcare. This is a practice we welcome at MRG and always try to facilitate: women should never be prevented from participating in meetings because of childcare obligations. The little girl is funny and smiling. I joke with her mum asking if her daughter is already learning the ropes of activism. She smiled and answered quietly, “I hope that by the time she is my age, she won’t have to campaign to ensure that Dalit women are not discriminated against. I hope by that time we will be treated equally to the rest of the Nepali citizens.”

One evening during our stay, we were invited for dinner at Durgha’s house. Durgha is the Director of FEDO, a very active and professional Dalit organization which campaigns for an improvement of the situation of Dalits in Nepal. Durgha is well known in the country but also internationally and you could almost say she is famous! During dinner she tells us that not long ago her daughter was asked at school to write about what she would do when she grew up. A classic question. Her answer was not quite so typical… “To be a Dalit, because there is no shame to be a Dalit”. And she gave the example of her Mum, of her great work and engagement with the community.

I wonder if this could be the future of Nepal? A country where Dalit men and women are not discriminated against anymore because of their community? A country where they are proud to be Dalit?