Parliamentary elections in Afghanistan

Parliamentary elections (249 seats of the Lower House) have taken place today in Afghanistan, among some instances of violence.
First results are not expected before October 8th.
http://www.voanews.com/english/news/Afghan-Polls-Close-Scattered-Violence-Kills-14-103211214.html
http://www.google.com/hostednews/ap/article/ALeqM5g4tLnJD7FbNsurd0zrNlEF_ml8HQD9IALJG83
http://www.bbc.co.uk/news/world-south-asia-11360050

Peru's change of mind

Peru has reacted. Some days ago, we wrote here expressing our preoccupation, as an Executive Order had been adopted that could lead to impunity in human rights cases. The Peruvian Congress has repealed it this week.
Congratulations from a human rights perspective.
You can follow the corresponding press release issued by the Inter-American Commission on Human Rights:
http://www.cidh.oas.org/Comunicados/English/2010/94-10eng.htm
The law cancelling the Order can be found here:
http://www2.congreso.gob.pe/Sicr/RelatAgenda/proapro.nsf/ProyectosAprobadosPortal/1705B09DC123230D0525779F00065CDE/$FILE/4298DerogacionDL1097.pdf

New START treaty on the way to ratification

Today the US Senate Committee of Foreign Relations has adopted a resolution opening the door to the ratification of the new Start (Strategic Arms Reduction) treaty with Russia.
The text of the treaty and further documents of interest, can be downloaded on the Secretary's of State website:
http://www.state.gov/t/vci/trty/126118.htm

New case of the European Court of Human Rights concerning journalistic sources

The European Court of Human Rights (Grand Chamber) has delivered yesterday its judgment against the Netherlands in a case concerning a violation of Article 10 of the European Convention on Human Rights and Fundamental Freedoms.
The Court found that this country had violated the mentioned provision when seizing photographs that could permit to identify the information sources.
The case, Sanoma Uitgevers B.V. v. the Netherlands (application no. 38224/03) permits to appreciate that even in a criminal investigation, the journalistic source of information is privileged.
You can read the decision following this link:
http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=873701&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649

And France is on the way to ban the burqa

Friends, I love France, but this country, the country of the 1789 Declaration, is giving to much to talk concerning human rights in the last days.
Today the French Senate has approved the law banning the use of clothes dissimulating the face and sanctioning the use and act to compel the use with fines. Now, the Constitutional Council has one month to check the legislation.
As reported by BBC:
http://www.bbc.co.uk/news/world-europe-11305033

The text can be read over the following link:
http://www.senat.fr/petite-loi-ameli/2009-2010/700.html

The EU Commission vs. France concerning treatment of Roma

Viviane Reding Vice-President of the European Commission responsible for Justice, Fundamental Rights and Citizenship has issued a statement today asserting the intention to initiate an infringement action against France due to the recent measures targeting Roma, as violations of the Freedom of Movement Directive.
You can check her Statement here:
http://europa.eu/rapid/pressReleasesAction.do?reference=SPEECH/10/428&format=HTML&aged=0&language=EN&guiLanguage=en

Le Monde has published an article on this issue:
http://www.lemonde.fr/societe/article/2010/09/14/roms-bruxelles-va-declencher-une-procedure-d-infraction-contre-la-france_1410887_3224.html

New report of HRW on human rights violations against the displaced in Eastern Congo

HRW has published today a new report about the human rights violations that target those displaced in Eastern Congo.
You can consult it following this link:
http://www.hrw.org/sites/default/files/reports/drc0910webwcover.pdf

15th session of the Human Rights Council

The Human Rights Council opened today the 15th regular session in Geneva.
A highlight was the preoccupation of the High Commissioner for Human Rights for the situation of human rights defenders.
You can follow the different speaches of today's session in the following website:
http://www.un.org/webcast/unhrc/archive.asp?go=0145

Basel III appears to be on the way

According to the latest reports by the New York Times.

Mc. Farlane vs. Ireland, European Court of Human Rights

The European Court of Human Rights (Grand Chamber) has decided yesterday a case concerning the lenght of criminal proceedings (more than 14 years) and the lack of an effective remedy for the victim of this violation to the European Convention on Human Rights and Fundamental Freedoms against Ireland. Finding a violation of both articles 13 and 6$1 of this treaty, the Chamber granted 5500 EUR as compensation for non-monetary damage.

Preoccupation in the human rights community for Peruvian Executive order

The Executive order 1097 can be dowloaded over the following website:
http://www.scribd.com/doc/36912578/Decreto-legislativo-1097
It refers to procedural norms to be applied to crimes that constitute human rights violations. The most problematic issue appears to be article 6 of the Order, that includes the following text that permits a court to issue a "partial dismissal decision to the benefit of anyone facing charges whose case has suffered an excessively long investigation"
The main concern is the application of this provision to investigation of human rights violations.
The history of investigation of human rights violations in Peru had already received significative attention in the Inter-American System of Protection, that is, by the Inter-American Commission on Human Rights and the Inter-American Court. The Case Barrios Altos of 2001 dealt specially with provisions that could amount to an amnesty. You can read it following this link:
http://www.corteidh.or.cr/docs/casos/articulos/seriec_75_ing.pdf
In the light of this case, further jurisprudence and the treaty obligations binding Peru, the Inter-American Commission has reacted requesting the Peruvian authorities to adopt the necessary measures as to avoid that human rights violations in this country are impune.

Third session of the Conference of States Parties to the Convention on the Rights of Persons with Disabilities.

http://www.un.org/disabilities/default.asp?id=1532

The Conference of the Parties took place in New York last week.
The highlight is the selection of the members of the Committee that is entilted to monitor the Convention on the Rights of Persons with Disabilities.
You may find the documentation concerning the Convention if you follow the linked cited above.

Washington Post Article on the US change of policy towards the Human Rights Council

concretely, the reporting policy towards the Universal Periodic Review, new mechanism created with the reform of the UN human rights system and the creation of the Human Rights Council instead of the Commission on Human Rights.
http://www.washingtonpost.com/wp-dyn/content/article/2010/09/05/AR2010090503766.html
If you want to read the US report for the UPR please follow this link:
http://www.state.gov/documents/organization/146379.pdf

High Peace Council for Afghanistan?

Afghan President Karzai has announced the constitution of a High Peace Council to pursue peace talks with the Taliban, according to latest press releases.

Kosovo, the UN General Assembly and the International Court of Justice

http://doc.un.org/TMP/7904267.31109619.html

This draft resolution of the UN General Assembly is a consequence of the recent advisory opinion of the ICJ on Kosovo, where the Court concluded "that the adoption of the declaration of independence of 17 February 2008 did not violate general international law, Security Council resolution 1244 (1999) or the Constitutional Framework. Consequently the adoption of that
declaration did not violate any applicable rule of international law" (para. 122, see ICJ, Accordance with international law of the unilateral declaration of independence in respect of Kosovo (Request for Advisory Opinion) - Advisory Opinion - Advisory Opinion of 22 July 2010 , http://www.icj-cij.org/docket/files/141/15987.pdf?PHPSESSID=4bc67c8bdf6904436ebb4ffd10f267a6).

Non-refoulement and Iraq

Though non-refoulement is a well-established principle of customary international law, in addition, recognized by treaties such as the 1951/1967 Refugee Convention and the 1984 Convention against Torture, individuals are still subject to its violation, here, even by those countries that count, in theory, with the highest standards.
Let us not talk about the consequence of deporting individuals to sensitive areas.
Good for the UNHCR position.

http://alertnet.org/thenews/newsdesk/LDE6820V7.htm

UN report on human rights violations in DR Congo to be released next month

UN report on human rights violations in DR Congo to be released next month

Everybody looking forward to read the above-mentioned report.

MSS vs. Belgium and Greece

http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=873098&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649

The Grand Chamber of the ECHR heard today this case concerning an asylum-seeker of Afghanistan and the problem of the application of the Dublin II Regulation (Belgium considered that Greece, with not an excellent record of protection for asylum-seekers, was the country competent to deal with the application).

What is wrong with minority rights in Europe?

http://www.soros.org/resources/articles_publications/articles/minority-rights-europe-20021101

Slavery and Human Trafficking International Law and the Role of the World Bank

http://siteresources.worldbank.org/SOCIALPROTECTION/Resources/SP-Discussion-papers/Labor-Market-DP/0904.pdf

Lecture at the UNI Graz

http://kultur.graz.at/kalender/event/323911616

About legal security and human rights

http://cdi.mecon.gov.ar/cgi-bin/pppp.exe?rec_id=075250&database=pppp&search_type=link&table=alls&lang=spa&format_name=SFALL

Comment on law bill of anti discrimination

http://www.parlament.gv.at/PG/DE/XXII/ME/ME_00070_12/imfname_000000.pdf

Comment about Garrido & Baigorria

http://cdi.mecon.gov.ar/cgi-bin/pppp.exe?rec_id=075323&database=pppp&search_type=link&table=alls&lang=spa&format_name=SFALL

Article in the Racism Report 2003

http://www.zara.or.at/materialien/rassismus-report/racism-report-2003.pdf
See page 51

My article at the South African Journal of Human Rights

http://web.wits.ac.za/Academic/CLM/Law/SouthAfricanJournalOnHumanRights/contents2003_4.htm

Still asking EU members to become parties to the Migrant Workers Convention

http://www.december18.net/node/2207/signatures?sort=asc&order=Country&page=1

My linkedin page

www.linkedin.com/in/perezsolla