American Bar Association Center for Human Rights

As 2024 comes to a close and we enter a new year, the ABA Center for Global Programs, including the ABA's Rule of Law Initiative and the American Bar Association Center for Human Rights, would like to extend a heartfelt #thankyou to all who have supported us this year and for the years to come—our donors; staff; consultants; pro bono volunteers; Board Members; partners and counterparts around the world, including civil society organizations and government agencies; and countless others. In 2024, CGP's work spanned more than 60 countries with over 90 programs from #Guatemala, #Angola, #TimorLeste, #Ukraine, and #Jordan — to name a few — addressing critical issues in the rule of law and human rights fields, such as women's economic security, freedom of expression, gender-based violence, legal education empowerment, and the protection of human rights defenders.

Today, the American Bar Association Center for Human Rights launched a new report (https://lnkd.in/eTmun34U) as part of the Clooney Foundation for Justice’s #TrialWatch initiative. While Kenyan authorities and civil society have made great strides toward combating the practice of FGM, the Prohibition of Female Genital Mutilation (PFGM) Act is being disproportionately used to punish survivors of FGM, rather than the perpetrators –- turning the law against the very women and girls it is designed to protect.     The “Monitoring Prosecutions under the PFGM Act in Kenya” report is based on in-person trial monitoring and a review of 68 criminal cases from multiple locations across Kenya. In these cases, more than 55% of the defendants were women and girls who were victims of FGM. By contrast, only 6% of those prosecuted were ‘cutters’— individuals who perform FGM.    The report highlights key concerns with Kenya’s current approach to prosecutions under the PFGM Act, including the following: • Revictimization – The prosecution of FGM victims in connection with their own FGM contravenes obligations under international and domestic law to protect victims and compounds the harm FGM survivors have experienced.  • Best interests of the child – Girl victims were subject to genital examinations, often compelled to testify, and sometimes even prosecuted for being victims of FGM  • Right against self-incrimination and right to privacy – Genital examinations were found to be regularly conducted after arrest and then used as evidence to sustain convictions. There is no evidence of valid consent to the exams. Additionally, private health information was often publicly exposed in court.    • Right to legal assistance and legal aid – Over half of the accused persons were not represented. Authorities failed to ensure the accused – particularly vulnerable children and FGM survivors – access to legal assistance.    • Foreseeability – Art. 24 of the PFGM Act (“failure to report the commission of the offence of FGM”) is being used to charge FGM victims for failing to report their own incidence of FGM – an unforeseeable and apparently erroneous application of a mandatory reporting provision meant for third-party reporting. The report concludes with recommendations to Kenyan authorities to ensure implementation of the PFGM Act prioritizes the best interests of FGM survivors and complies with international and domestic law. 

In September (https://lnkd.in/eisc33Qe), ABA CHR published a report (https://lnkd.in/eQqM2AVr) outlining the due process and fair trial violations in the criminalization of Zapotec forest defender Pablo López Alavéz who has now been arbitrarily detained for over 14 years. The United Nations Special Rapporteur on Human Rights Defenders Mary Lawlor and UNSR on Indigenous Peoples José Francisco Calí Tzay subsequently included his case, along with a previous CHR case, in that of criminalized Indigenous defender Kenia Hernandez, in a communication to the Mexican government that recently became public (https://lnkd.in/e9MbpGca) emphasizing their concern in relation to these cases of arbitrary detention and criminalization, particularly of Indigenous human rights defenders. The specific allegations relating to Pablo’s case include findings on inconsistencies in the evidence against him, irregularities in the judicial process, and a lack of consideration of the defense’s evidence that he was in a different community on the day of the alleged event, all of which were key findings in our recently published fair trial report. We hope that the increased attention to these cases contribute to an increased respect for due process and fair trial rights, particularly in Mr. López Alavéz’s ongoing trial.

The American Bar Association (ABA) is the world’s largest voluntary organization of lawyers and the national representative body of the legal profession in the United States. Its Center for Human Rights (CHR) mobilizes lawyers globally to defend threatened advocates, protect vulnerable communities, and hold governments accountable under law. CHR’s work includes supporting #humanrights defenders facing retaliation for their advocacy; working to prevent atrocity crimes and hold perpetrators accountable; strengthening global compliance with international fair trial standards; leveraging the creative potential of the private sector to advance human rights around the world, including #laborrights and good working conditions; and emphasizing the foundational role of human dignity in achieving a just #ruleoflaw. On this #InternationalHumanRightsDay, that mission could not be more urgent. Join us. Michael Pates, Director ABA Center for Human Rights Learn more about our work https://lnkd.in/dnZGnWW Consider giving a gift today https://lnkd.in/eQE-nFx6