“The administration has broken new ground on these issues and it has created a series of new opportunities to protect the human rights of LGBT people throughout the world,” said Human Rights First’s Robyn Lieberman, who will attend Secretary Kerry’s speech tomorrow. “Secretary Kerry’s speech is well-timed to report on the progress of implementing President Obama’s memorandum and laying out his vision U.S. leadership on this critical human rights issue. He should also invite LGBT activists from around the globe to partner with the United States to tackle this important issue.”

Human Rights First notes that Wednesday’s speech, coming in an environment of considerable domestic progress on LGBT rights in recent years, should make clear that the United States foreign policy priorities will actively seek to protect LGBT persons from ongoing persecution and bias-motivated violence. For example, Secretary Kerry could use his speech to speak out against efforts to strengthen legislation that criminalizes homosexuality in countries such as Uganda and Nigeria, or that bans the promotion of homosexuality in Russia.

The organization also urges Secretary Kerry to express concern about serious violence against LGBT persons in places like Honduras, Jamaica, the Philippines and South Africa, where President Obama will travel next week. Secretary Kerry’s speech provides an opportunity for the administration to support passage of hate crime laws in South Africa, pending legislation that could serve as a model for the protection of LGBT people throughout the region.

“The United States should strengthen its investment in global hate crime prevention efforts because of the moral, political and economic damage caused by spates of targeted violence,” LeGendre notes. “The way a government treats its minorities signifies its commitment to democracy and long-term development. The protection of LGBT people, including LGBT refugees, is a most specific indicator of those intentions.”

According to Human Rights First, the States Department should prioritize the rights of LGBT persons in its bilateral and multilateral relationships by:

• Challenging laws that criminalize same-sex relations.
• Addressing impunity for violent acts targeting people because of their sexual orientation or gender identity, as well as speak out against acts of violence and equip U.S. international law enforcement programs with the tools they need to provide assistance to foreign governments in combating bias-motivated violence.
• Supporting increased capacity for civil society and other local actors to assist LGBT people with emergency protection needs and raise the profile of these groups by arranging meetings with them when U.S. delegations from the U.S. State Department travel abroad, especially at the highest levels.
• Providing direct assistance to LGBT people, including refugees, facing immediate risks of violence and assisting individuals who cannot be protected with the country.
• Mainstreaming the protection of LGBT people into related State Department funding, development and other initiatives.

Earlier this year, many of these recommendations were explored in Human Rights First’s blueprint How to Protect LGBTI Persons around the World from Violence. For more information about this blueprint or expectations for tomorrow’s speech, please contact Brenda Bowser Soder at bowsersoderb@humanrightsfirst.org or 202-370-3323. Lieberman will also be available for comment after the speech has concluded.

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Unlike the comprehensive immigration bill being considered by the Senate, the SAFE Act focuses only on draconian enforcement measures that would criminalize millions of undocumented immigrants in the United States. It would undermine public trust in law enforcement by delegating authority to local and state enforcement agencies to enforce federal immigration laws.

Provisions in the SAFE Act would add to the already huge network of 250 jails and jail-like facilities that house the more than 400,000 immigrants detained each year as they go through their immigration proceedings or await removal. Human Rights First has long documented  the negative effects on refugees and other immigrants who are unable to receive protection and are detained in remote, punitive jails far away from their families or immigration lawyers.

The SAFE Act would also subject immigrants to indefinite detention, including stateless individuals who often languish in immigration detention because they are unable to obtain a travel document and return to their home countries. Human Rights First notes that immigration detention, a civil form of detention intended to ensure an immigrant’s compliance with immigration proceedings, already costs U.S. taxpayers approximately $2 billion each year, whereas alternatives to detention cost as little as 30 cents to $14 per day.

“Rather than moving towards more humane, cost-effective and bi-partisan supported alternatives to detention and flexible detention levels, the SAFE Act ignores these best practices in the criminal justice and immigration enforcement system by counter intuitively calling for additional immigration detention facilities,” said Human Rights First’s Eleanor Acer.

The SAFE Act also undermines bipartisan efforts to protect those mislabeled as terrorists by the United States despite the fact that they are legitimately fleeing trauma and persecution. Under current immigration laws, bona fide asylum seekers who are mislabeled as terrorists because of overly broad definitions of terrorism in U.S. immigration law already struggle to apply for protection in the United States. Their applications for asylum or for legal permanent residence are often placed on hold for extended periods or wrongly denied.

A bipartisan coalition in Congress led by Senators Patrick Leahy (D-VT) and Jon Kyl (R-AZ) amended the law in 2007 to give the Secretary of Homeland Security broader authority to exempt persons with no actual connection to terrorism from these provisions.  However, the extreme over breadth of the law and the administration’s slow implementation of exemptions for deserving cases has left this problem unresolved nearly six years later.

The SAFE Act would extend this unresolved quagmire to applications for naturalization.  In addition, Human Rights First is concerned that the bill could be applied to bar from naturalization even those who were granted an exemption in connection with their earlier applications for asylum, refugee status, or permanent residence.  This includes refugees who fought alongside U.S. forces in Iraq or Vietnam, or those who were forced to pay a ransom to rebel groups in order to save a loved one’s life.

“We urge the House Judiciary Committee to reject this partisan bill and instead support smart immigration laws that uphold America’s commitments to freedom and human rights,” Acer said.

For more information, see Human Rights First’s reports: Denial and Delay, Jails and Jumpsuits, How to Repair the Asylum and Refugee Resettlement Systems, and How to Repair U.S. Immigration Detention Practices. To speak with Acer, contact Brenda Bowser Soder at BowserSoderB@humanrightsfirst.org or 202-370-3323.

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“Leadership is what is needed today from the U.S. government to bring together those who can influence the situation on the ground in Syria. For the last 18 months the U.S government has hurled strong rhetoric, admonishing Russian authorities for their support of Bashar-al-Assad, all the while forging billion dollar weapons deals with Rosoboronexport in the background,” said Human Rights First’s Sadia Hameed. “If President Obama wants to demonstrate U.S global leadership on Syria then he must be willing to act on it and end the Pentagon’s relationship with Rosoboronexport.”

For over two years the Russian government has openly supported Bashar-al Assad in his brutal crackdown of an initially peaceful democratic movement that has now spiraled into civil war and claimed close to 100,000 lives.   With the prospect of the Geneva peace summit on the horizon, President Obama must convince President Putin that it is to the benefit of both countries to put aside their own political alliances and prioritize the future and safety of the Syrian people.  The Obama Administration has just declared its readiness to provide light weapons and ammunition to the opposition, however thus far they have failed to explain exactly how this fits into a strategy for bringing an end to the conflict. An effective negotiation to end to Syria’s bloody conflict can only be convened if foreign governments lined up on each side are ready to work seriously for an end to the violence.

“Syria should no longer be the battle zone for a standoff between United States, Israel and Gulf states against Iran, Russia and Hezbollah,” concluded Hameed. “If lasting peace in Syria is really what President Obama strives for, then he must adopt and implement a clear strategy to bring both Syrian and foreign government stakeholders to the table, and his administration must prioritize the protection of Syrian lives above other competing policy priorities. Anything less will simply not suffice.”

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“It is fundamental to democracy that the public know the identities of the people our nation is depriving of liberty and why they are being detained, ” said Human Rights First’s Dixon Osburn. “The United States has held some of the men at Guantanamo now for over a decade.  Today’s revelation is welcome, though long overdue. The administration should use its authority under current law immediately to transfer the 86 detainees already cleared for transfer out of Guantanamo.”

The release of information comes amidst a series of actions that indicate a growing momentum behind finding a comprehensive solution to close Guantanamo.  White House Chief of Staff Denis McDonough and Senators Feinstein and McCain recently visited the facilities at Guantanamo Bay where they pledged support for closing the facility. In addition, Human Rights First welcomes the announcement that Clifford Sloan will serve as  the new Special Envoy for Guantanamo at the State Department.  Also, the House of Representatives on Friday rejected a proposal by Rep. Smith to develop a comprehensive framework for closing Guantanamo, but the debate was the first time the House has had a serious conversation about how to resolve the matter.  It is reported that the Senate Armed Services Committee has, in its defense bill, significantly reduced obstacles to closing the prison.  The Committee is expected to publish the defense bill this week.

For more information, or to speak with Osburn, contact Brenda Bowser Soder at BowserSoderB@humanrightsfirst.org or 202-370-3323.

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“As recently as last month the Syrian regime was sending procurement requests to Rosoboronexport for a host of weapons they are using systematically against civilians. The Obama Administration’s failure to cut ties with Rosoboronexport calls into question both the strength of the Administration’s commitment to helping the Syrian opposition and its strategy to do so,” says Human Rights First’s Sadia Hameed. “How can the United States government on the one hand support the opposition while, on the other, shake hands and make deals with the very company supplying the weapons used to kill them? We applaud the leadership that the House of Representatives has shown today and we call on Congress to continue to hold the Pentagon accountable for its procurement decisions.”

For more information, or to speak with Hameed, contact Corinne Duffy at DuffyC@humanrightsfirst.org or 202-370-3319.

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]]> http://www.humanrightsfirst.org/2013/06/14/house-agrees-to-amendment-to-restrict-u-s-contracts-with-syrian-regime-weapons-supplier/feed/ 0 http://www.humanrightsfirst.org/2013/06/14/letter-urges-companies-to-inform-public-of-government-requests-under-prism/ http://www.humanrightsfirst.org/2013/06/14/letter-urges-companies-to-inform-public-of-government-requests-under-prism/#comments Fri, 14 Jun 2013 16:21:50 +0000 Corinne Duffy http://www.humanrightsfirst.org/?p=25135 Washington, D.C. – In the wake of revelations that the National Security Administration obtained private user data from several technology companies, Human Rights First President and CEO Elisa Massimino sent a letter to AOL, Apple, Facebook, Google, Microsoft, Pal Talk, Skype, Yahoo!, and YouTube, urging them to continue to press the U.S. government to allow them to disclose PRISM requests as part of their regular reports on government requests. Human Rights First  calls on the government to use its discretion to provide permission to assure Americans that their personal data is safe from indiscriminate surveillance. The letter also details ways in which companies can inform the public of how their data and privacy is safeguarded.

“Your users deserve to know more about the policies that guide your response to national security-based government requests for information about them, and recent news about the NSA PRISM program has heighted the need for you to demonstrate that you’re safeguarding their privacy,” wrote Massimino in the letter. “At stake is not only a fundamental right but your reputations as companies committed to protecting it.”

Human Rights First notes that in order to assure Americans that these companies are respecting users’ right to privacy, companies should: continue to press the government to permit disclosure; determine what they can legall disclose; and, publicly explain their efforts to safeguard people’s data and right to privacy.

In order to address general concerns regarding companies’ approach to government requests for user information, Human Rights First urges companies to answer the following questions:

• What steps do  you take to assess  and minimize the potential risks to users?
• How are decisions made about when to challenge requests, and to what extent does the law limit your ability to do so?
• What processes do you have to determine the legality of government requests?
• Do  you monitor the handing of these requests to gauge the cumulative impacts on users’ privacy rights
• If so, do you adjust policies and procedures accordingly?

“As former Secretary of State Hillary Clinton noted in her landmark speech on internet freedom, for new technology companies, user trust is crucial: people need to know that you’re acting as responsible stewards of their personal information,” wrote Massimino. “The NSA PRISM program raises serious concerns about the extent to which you can be responsible stewards of private information.”

For more information or to speak with Massimino, contact Corinne Duffy at DuffyC@humanrights.com or 202-370-3319.

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Human Rights First’s Dixon Osburn said, “Momentum is building to close Guantanamo.  The president is reengaged, there is bipartisan support in the Senate for his efforts to shutter the prison, and the House of Representatives is finally trying to tackle this tough issue in a serious way.”

It is reported that the Senate Armed Services Committee passed a 2014 defense bill with provisions that relaxed the restrictions on transfers of detainees from Guantanamo, giving the president greater flexibility in how to deal with the remaining detainees at the prison.  The defense bill will next be debated on the Senate floor as early as July.

The House of Representatives, however, rejected an amendment by Rep. Adam Smith that provided for a comprehensive framework to close Guantanamo.

“The fact that the House is finally debating a comprehensive plan to close Guantanamo is a good opening gambit. The president can transfer many detainees out of Guantanamo without any action from Congress,” said Osburn.  “He needs to begin those transfers immediately as a good faith show of commitment that he intends to take his pledge to close Guantanamo seriously.”

The House of Representatives also failed to adopt the Smith-Gibson amendment, which would have banned indefinite detention of persons apprehended in the United States.  However, the Smith-Gibson amendment received 18 more votes than an identical Smith-Amash amendment from 2011.

“Though the Smith-Gibson amendment failed, I think we’re increasingly seeing support for the idea that it’s totally unacceptable and against American values to hold individuals without charge or trial,” said Osburn.

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Today’s hearing comes off the heels of a lobbying visit to the United States by members of the Russian punk activist collective Pussy Riot. In meetings that were organized by Human Rights First, the women urged U.S. lawmakers to speak out against the prison sentences of their bandmates Nadezhda Tolokonnikova and Mariya Alyokhina, who were convicted of “hoolinganism motivated by religious hatred” for their protest against Vladimir Putin. Today’s statement notes that this politically motivated case is one of the most prominent examples of Russia’s misuse of anti-extremism laws.

Human Rights First notes, “Following the initial trial that sent members of Pussy Riot to jail, the group’s videos and materials were declared ‘extremist’ and banned in Russia by a Moscow City Court. Failing to block the footage may result in fines up to $3,000 for internet providers. Though most Russians are still able to access the banned materials on foreign servers, the ban on broadcasting Pussy Riot’s performance videos, lyrics, and materials placed further restrictions on media outlets and bloggers interested in writing about the controversial case.” Similar bans restrict the use of and access to religious literature, media articles, and even paintings.

In today’s statement, Human Rights First recommended that the  U.S. government  support the following measures to improve the human rights conditions in Russia:

• The release of political prisoners and victims of the government’s misuse of anti-extremism statues, including the members of Pussy Riot.
• Protection of human rights defenders who continue to be subject to threats and intimidation by promptly investigating all of previous attacks on activists, and by effectively prosecuting all threats and intimidation against defenders in the country.
• Amendment of ambiguous anti-extremism legislation to prioritize violent crime and to fulfill Russia’s international obligations to protect freedom of expression, religion, and assembly and association.
• Guaranteed protection for all citizens wishing to peacefully exercise their rights to freedom of expression, association, and assembly.
• Implementation of constitutional and international norms guaranteeing freedom of conscience and religion and nondiscrimination against any individual or group of individuals based on their religion; and affirm publicly the equality before the law of members of all religious communities and refraining from using rhetoric that divides groups into “traditional” and “nontraditional.”

“Though challenges in working with the Kremlin are mounting, an isolated and adversarial Russia could have disastrous consequences for U.S. national interests. In the current atmosphere in U.S.-Russian relations, human rights groups are relegated to rallying behind individual cases of abuse and hoping that the Russian authorities will listen, and do the right thing,” said the statement. “The U.S. government must do what it can to elevate these efforts and do its part to keep the pressure on Russia to live up to its own commitments and finally become a responsible and respected player in global politics.”

For more information about today’s statement or the human rights crisis in Russia, please contact Brenda Bowser Soder at bowsersoderb@humanrightsfirst.org or 202-370-3323.

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“Congressman Ellison proposes a common sense approach to arms sales,” said Human Rights First’s Robyn Lieberman.  “By screening for excessive force against peaceful protest, the amendment sets forth the proposition that the U.S. withhold the sale of crowd control items from human rights violators, rather than waiting for them to use U.S. weapons to commit abuses.  It’s time that U.S. arms transfers got in line with U.S. policy goals.”

In 2011, the State Department confirmed that a shipment of American-made tear gas was approved to Egypt.  It was later reported that the tear gas was used frequently against protesters by police during clashes in and around Tahrir Square.

“The U.S. provides $1.2 billion of foreign military financing to Egypt each year, including an export license and contract for the shipment of nonlethal riot control agents.  U.S. policy is to support a democratic transition in Egypt, yet recent events, including the recent conviction of 43 NGO workers, including 19 Americans, signals that Egypt is going in the wrong direction, concluded Lieberman.  “U.S. arms sales to Egypt have to be re-imagined and re-structured in light of these events.  Congressman Ellison’s bill is a faithful effort to try to control that wild weapons flow.”

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“The president has a window of opportunity to build on the growing bipartisan support for closing Guantanamo,” wrote Massimino. “It should begin by immediately initiating transfers of as many of the 86 detainees as possible, including those from Yemen, who already have been cleared for transfer.  We urge the administration to act swiftly on these cases.  Senator Levin recently wrote to the president reminding him that he has substantial authority to make transfers by invoking a national security waiver in current law.  In light of the president’s authority, the number of countries that have asked that their nationals be returned, and the significant time the administration has had to finalize transfer agreements, failure to start transfers now would undermine the momentum established by the president’s speech.”

In addition to the transfers, Massimino urged the administration to ensure that the Periodic Review Boards promised two years ago begin immediately so that detainees are afforded due process and adequate representation in any decision about their continued detention. “Any detainee who is cleared by a competent tribunal should not face the extra hurdle of being certified before transfer,” Massimino noted.

Today’s letter also encouraged the administration to seek waiver authority from Congress to permit the transfer of detainees to the United States for prosecution. Massimino observed, “The military commissions continue to struggle, and the president has repeatedly stated that the federal courts are preferable.  Moreover, federal appellate courts have now overturned the convictions of two Guantanamo detainees, ruling that the charges of material support and conspiracy were not war crimes at time the offenses were committed.  Other detainees facing the same charges could likely be tried for those offenses in a U.S. federal court; indeed, that may be the only way to secure convictions.”

Massimino’s letter to the White House comes a week after a group of 16 retired admirals and generals met with senior members of President Obama’s national security team. The retired military leaders, many of whom stood behind the president in the Oval Office as he signed executive orders to close Guantanamo and end torture, expressed their desire for the adminsitration to use its existing authority to make progress toward closing Guantanamo. During last week’s meeting, the leaders pledged to advocate for the administration’s plan to do so and reassured the White House that they plan to stay engaged in the issue until the detention facility is eliminated.

“Members on both sides of the aisle have offered to engage constructively with the administration in support of the shared goal of closing Guantanamo.  Some have asked for the administration’s comprehensive plan for closing the facility.  We believe the administration has articulated various aspects of a plan; it should now bring that together into a comprehensive framework as soon as possible to demonstrate its resolve,” Massimino’s letter concluded.

In December 2012, Human Rights First released a blueprint How To Close Guantanamo, a comprehensive plan detailing steps to close Guantanamo. For more information about the blueprint or to speak with Massimino, please contact Brenda Bowser Soder at bowsersoderb@humanrightsfirst.org or 202-370-3323.

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