Issue 6 – Thursday 28 May 2020

Gender-based violence and women's health

LGBTQI+ rights

Refugee camps

Prisoners and detainees

Asylum procedures

Disability rights

Religious discrimination

Gender-based violence and women’s health

Cybercrime

It is indisputable that the coronavirus pandemic has altered, and restricted, daily lives. As lockdown measures continue, in order to decrease the mortality rate from coronavirus, a significant proportion of the global population rely on remote working and online platforms. On 22 May, the United Nations Disarmament Chief, Izumi Nakamitsu reported that as the Covid-19 pandemic is moving the world towards increased technological innovation and online collaboration, a result is that ‘cybercrime is also on the rise, with a 600 per cent increase in malicious emails during the current crisis’. Cybercrimes or otherwise cyber violence, such as bullying, sexual harassment and exploitation, hateful comments and hypersexualised and pornographic imagery are increasing at an exponential rate. As a result, those subjected by cyber violence are more likely to experience severe psychological and emotional stress. Traditionally, cyber violence targets women and girls because of their identity, such as gender, sexual orientation, political and social activism, religious practices, or simply for personal reasons. The National Commission for Women in India (NCW) reported that 54 cybercrime complaints were received in April, in comparison to 37 complaints in March, and 21 complaints in February. In light of these findings, the NCW state this rise is due to the lockdown measures.

Nepal

In Nepal, online abuse targeting women during the coronavirus outbreak is also rapidly increasing. The Kathmandu Post reported that some social media groups were directly targeting online abuse at Nepali women and girls. In May, an article by the Kathmandu Post informed that group members circulate and discuss images, often obtained from victims’ social media accounts and shared without consent via hacking, coercion, or blackmail. The article alleged that groups have hosted abusive images, including child sexual abuse material and depictions of sexual violence, with one group containing 4,500 members. Further, Human Rights Watch has reported that Nepal’s laws do not sufficiently protect the rights of women and girls, with existing law failing to address online gender-based violence. Moreover, given the lack of recognition for cyber-violence or online gender-based violence in the existing laws, victims could face charges alongside abusers.

Egypt

The Egyptian government has increased enforced restrictions on digital content, in a bid to target YouTubers and social media ‘influencers’, particularly women, following the detention and prosecution of several women in recent weeks. The persecution of female ‘influencers’ is justified by Egypt’s Anti-Cybercrime Law of 2018, which stipulates ‘punishment for the creation and administering of social media accounts that incite debauchery with jail terms of up to two years and a fine of no less than 5,000 Egyptian pounds’. On 14 May, 22-year-old YouTuber Mawada el-Adham was arrested for ‘inciting debauchery, violating family and societal values and administering social media accounts with the aim of publishing pornographic content’. A prosecutor had her detained for four days during the investigation, with a court in Cairo rejecting an appeal for her release on 18 May and extended her detention for another 15 days. Prior to this, Adham was fined EGP 20,000 for breaking lockdown curfew measures, more than five times the legal amount. Instances such as these are becoming far more frequent, with the Egyptian Government declaring that social media channels such as TikTok or Instagram give rise to unethical standards for young women.

UK

In May, United Nation’s experts called for an urgent need for child protection services to mitigate the risk of child sexual abuse and exploitation, as a reported increase in child abuse, along with new forms of child exploitation and abuse, are occurring worldwide due to Covid-19 lockdown measures. During the lockdown period in the UK, the Internet Watch Foundation (IWF), a British charity that identifies child sexual abuse content, said it had blocked and filtered at least 8.8m attempts by UK internet users to access videos and images of children suffering sexual abuse during April alone. The figures come after warnings from law enforcement and child protection organizations that pedophiles are seeking to take advantage of the Covid-19 pandemic to search for and carry out abuse online. A statement released by Susie Hargreaves, CEO of the IWF, states that ‘While the UK hosts less than half a percent of all child sexual abuse material in the world, UK sex predators are helping fuel the world-wide trade in some of the most depraved content on the internet.’

Women’s health

As reported in previous Monitors, access to pre-natal care has been subsided, or closed, because of the pandemic. As more pregnant women are becoming infected with the virus, studies have been released that aim to highlight how this might affect expectant mothers. On 22 May, a study published by the American Journal of Clinical Pathology aimed to examine the health of placentas in women who tested positive for Covid-19. The study, examining the placentas of 16 pregnant women who tested positive for Covid-19, showed evidence of injury to the placenta, according to pathological exams completed after birth. These early finding could help inform state governments on the importance of clinically monitoring pregnant women during the pandemic and that attention must be placed on safeguarding services for pregnant women.

Yemen

For Yemen, a five-year war has led to an increased strain on an already overburdened health system, which is collapsing during the Covid-19 outbreak. Epidemiologists have estimated that given the dire humanitarian conditions in Yemen, with 69 per cent in need of humanitarian assistance, coupled with limited healthcare resources, the virus could spread at an exponential rate. UNFPA have highlighted that, for the majority of women who rely on sexual and reproductive health care, services such as maternity care and safe delivery care must be recognized as essential and lifesaving. A significant decrease in reproductive health care is prevalent, with only 20 per cent of the health system able to provide maternal and child health services. Data collected by the UNFPA highlighted that, if the Covid-19 pandemic is prolonged, the number of women unable to access family planning, facing unintended pregnancies, gender-based violence and other harmful practices could increase by millions in the months ahead. Coupled with this, 90 per cent of UNFPA’s reproductive health services could be closed by July if adequate funding does not materialize, which could result in more than 48,000 deaths of women from complications of pregnancy and childbirth in Yemen.

United States

A letter addressed to United Nations Secretary General António Guterres from the United States Agency for International Development (USAID) has called for the removal of access to abortion services from the UN Covid-19 humanitarian response plan. John Barsa, the acting administrator of USAID, issued this letter on the same day as the Trump Administration threatened to cut funding to the World Health Organization (WHO) and even exit the global body. The letter, which highlights that the US has contributed $530 million to pandemic funding, justifies this move by declaring that a resounding issue is ‘cynically placing the provision of “sexual and reproductive health services” on the same level of importance as food insecurity, essential health care, malnutrition, shelter, and sanitation’. The letter ultimately asks the WHO to remove references to ‘sexual and reproductive health’ and eliminate provisions of abortion as an essential component of the UN’s response priorities to the Covid-19 pandemic.

LGBTQI+ rights

Uganda

IBAHRI’s first issue of the Covid-19 Human Rights Monitor highlighted the arrest of 23 people belonging to the LGBTQI+ community living in a homeless shelter in Kampala, Uganda. These individuals were arrested on the grounds of ‘a negligent act likely to spread infection of disease’, as well as ‘disobedience of lawful orders’ following a ban on gatherings of ten or more people during the Covid-19 pandemic. In lieu of this arrest, a district-level Ugandan court ordered the release of the arrested LGBTQI+ persons, who were jailed for almost 50 days for risking the spread of the new coronavirus, after the Director of Public Prosecutions withdrew such charges. Human rights groups in Uganda welcome this decision, as they had previously stated that authorities were using Covid-19 restrictions to target sexual minorities in Uganda, where homosexuality is criminalised and homophobia is rampant, and justified by law.

Hungary

Last week, Hungary’s parliament passed a law with a two-thirds majority that prohibits transgender and intersex people from changing the gender that was registered on their birth certificate, triggering a wave of international criticism. Dunja Mijatovic, the Council of Europe Human Rights Commissioner, has described it as a ‘blow to the human dignity of trans people’. This law contradicts provisions of both the Hungarian Constitution as well as the European Convention on Human Rights.

In a recent development, Hungary’s Justice Minister has announced her intention to submit legislation to parliament that would end the state of emergency in Hungary, which has allowed Prime Minister Viktor Orban to rule by decree, and without time limit. The extended power has led to the pushing through of controversial legislation during this crisis, which will hopefully now be restricted.

Access to medicine (LGBTQI+ individuals with HIV)

Global lockdown measures have restricted movement and access to healthcare facilities. While such restrictions have affected the population worldwide, it has created specific challenges for persons living with HIV who require regular access to life-saving treatment and medicine. This includes homosexual men who account for nearly 20 per cent of new HIV infections and are 27 times more likely to become infected with HIV, as well as transgender women who are 12 times more likely to be infected with the disease. As per certain HIV/AIDS organisations, LGBTQI+ persons are being prevented from receiving life-saving treatment they require, which puts their compromised immune systems at further risk of contracting Covid-19. In nations such as Uganda, Kenya, Mozambique, Lebanon, Kyrgyzstan and Trinidad and Tobago, human rights groups have reported that sexual minorities living with HIV have been forced to halt treatment as they face harassment due to homophobia, criminalisation of same-sex relations, and discrimination in healthcare.

Further, the LGBTQI+ community are being targeted for spreading Covid-19, coupled with lockdown measures increasing economic instability and access to vital medication. In Kenya, Zimbabwe, Mozambique, Ukraine, Kyrgyzstan and Lebanon, quarantine measures have restricted access to HIV medication due limited transportation services, and for those unable to pay for transport, an inability to travel to necessary healthcare centres. LGBTQI+ friendly centres that provided such services have been forced to shut down or restrict operating hours, as funding has been diverted to fighting the current pandemic. For instance, in Egypt, clinics where HIV patients collected medication are being used as Covid-19 testing centres, and LGBTQI+ persons are hesitant to visit. Similar cases have been reported in Mexico, as more that 1,000 government workers, including members from the LGBTQ+ community, have been left without medication since March due to drug shortages caused by changes in the way the government acquires medication, according to human rights groups.

Refugee camps

With the UN now appealing for $6.7 billion to assist developing and conflicted-affected countries fight the Covid-19 pandemic, it is clear that the conditions faced by asylum seekers, refugees and internally displaced persons remain in global disrepute. Earlier this month, UN Humanitarian Chief, Mark Lowcock expressed the urgent need to ‘support the poorest people’, including ‘women, girls and other vulnerable groups’ during the Covid-19 crisis. UNHCR Chief Filippo Grandi also expressed concern over the ‘devastating’ impact Covid-19 has had on individuals seeking asylum and fleeing persecution. Yet, with states like Bangladesh facing a recent influx of Covid-19 cases in refugee camps, along with natural disasters, and nations like Australia and Hungary seeking to bar or deport asylum seekers rather than manage asylum claims, the past week has demonstrated the continued shortfall of the combined efforts of the global community in protecting vulnerable migrant communities.

Hungary

In an unprecedented move last week, Hungary officially closed its ‘migrant transit zones’, in turn freeing more than 300 refugees from overcrowded detention facilities. The so-called ‘transit zones’ have been the subject of widespread criticism, with individuals often being detained in heavily-guarded and inhumane conditions for several years. With several international lawsuits filed against Hungarian authorities in relation to the transit detention facilities, the European Union Court ordered the release earlier this month of four migrants who were arbitrarily detained.

In addition to releasing hundreds of refugees from transit detention facilities, Hungary has also announced that future asylum applications must be made to consulates in neighbouring countries, outside of its territorial border. This appears to be in direct violation of the Geneva Conventions, which require access to a state’s territory in order to process asylum claims. Although Prime Minister Viktor Orban has previously barred entry to thousands of migrants and asylum seekers as a result of a border closure ordered during the 2015 European migrant crisis, the current move appears to indefinitely bar the ability for individuals to claim asylum altogether.

Bangladesh

Last week saw Rohingya refugee camps in Bangladesh faced with a dual threat. While some 860,000 Rohingya refugees are now at risk after several Bangladeshi camps reported their first cases of Covid-19 in the Cox’s Bazar district, the Bay of Bengal was brutally hit by Cyclone Amphan. Although it was not reported that mainland refugee camps were directly hit by the cyclone itself, the storm that has subsequently followed has put thousands of Rohingya refugees at risk of death, injury and loss of their makeshift shelters. For refugees currently living in hillside camps, local volunteers have desperately scrambled to reinforce shelters via the use of ‘tie-down kits’, in hopes of better protecting inhabitants against the now imminent risk of devastating landslides. However, with more than 100 shelters are already being reported as destroyed by flooding and with the monsoon season now fast approaching in Bangladesh, urgent help from the global community is needed to ensure that Rohingya refugees are better protected from natural disasters, amid the equally destructive Covid-19 pandemic.

Earlier this month, Bangladesh sought to quarantine approximately 300 Rohingya refugees who were rescued off the coast of the Bay of Bengal by the Bangladesh navy. The quarantine of new arrivals at makeshift camps on the remote island of Bhasan Char has received widespread criticism from activist groups and local refugee agencies, who claim that living conditions are unhabitable. In an interview conducted by Human Rights Watch earlier this month, local inhabitants at Bhasan Char described the makeshift camp as ‘an island jail in the middle of the sea’. With Bhasan Char in the direct path of last week’s ‘super cyclone’, existing criticisms have been heightened, with international groups now expressing grave concerns for the welfare of its quarantined inhabitants.Human Rights Watch has called for the refugees currently held in Bhasan Char, including some 40 children, to be transferred to the main refugee camps in Cox’s Bazar ‘as soon as possible’.

However, Bangladesh’s Land Ministry previously stated that Bhasan Char is at risk of total submersion should the cyclone hit at high tide, and Foreign Minister AK Abdul Momen now stating that refugees will ‘most likely’ be held in Bhasan Char facilities indefinitely. Local authorities are being faced with the difficulty of navigating the urgent need to quarantine new arrivals for Covid-19 with the simultaneous threat of a second cyclone wave.

Australia

On 22 May, 42 refugees that were being held in offshore Australian detention facilities in Papua New Guinea were transferred to the United States, as part of a new agreement between Washington and Canberra. The new agreement seeks to transfer hundreds more refugees, some of whom have been detained in Papua New Guinea for several years. International and local refugee rights groups have expressed concern over the impending transfers, claiming that refugees will receive little to no support upon arrival to the United States. In a country that is currently facing more than 38 million unemployment claims as a result of Covid-19, the United States will likely be unable to manage the competing claims of newly arrived refugees.

Prisoners and detainees

Mexico

The dire situation for prisoners in Mexico is an increasing concern, with 46 per cent of prisoners sharing a cell with at least five other inmates and 13 per cent with more than 15. Statistics released highlight that, as of May, there are 93 confirmed cases of coronavirus in Mexican prisons, 77 suspected cases and eight deaths so far. Although Mexico has granted amnesty for some eligible prisoners, such as those imprisoned for non-violent theft or abortion on 23 April, a significant proportion of vulnerable people remain incarcerated. So far, judges have granted this amnesty to 2,000 people, about one per cent of the prison population, at the request of state governments. For young mothers and their children, Mexican authorities sought to remove children from their mothers, and place them in the care of relatives, a move that has been condemned by both young mothers and advocacy groups. With an alarming 700 children in prison facilities, child health experts have emphasised that ‘separating young children from a mother or a parent is one of the most damaging issues that can afflict a child’.

Russia

Recently, Russia has witnessed an exponential rise in coronavirus cases, with 252,245 confirmed cases, making it now the second most infected country in the world, after the US. Human rights activists and lawyers who work with prisoners say that, even under normal circumstances, Russia’s Federal Prison Service is an ‘opaque institution’. New controversy has emerged this week, as a Russian politician, Vladimir Zhirinovsky, suggested that prisoners in Russia should be offered the opportunity to participate in clinical trials for Covid-19 vaccines. Further, Zhirinovsky states that prisoners convicted of serious offenses could reduce their time by half if they agree to clinical trials, something that he suggested would be a highly sought after opportunity for prisoners. Rossiya Sidyashchaya, a prisoners’ rights group, has called out this commentary and condemned Zhirinovsky’s claims.

Further, human rights defenders and lawyers have launched a new project called ‘Grey Zone’, which maps information on cases of respiratory illnesses in Russia’s prison systems and pre-trial detention centres. Moreover, human rights defenders are placing inquiries to the prosecutor’s office in Russia and the Federal Penitentiary Service, for each unconfirmed case, demanding that they carry out an inspection and ensure the safety of prisoners and staff at correctional facilities.

Asylum procedures

South Africa

On 12 May 2020, Solomon Ayele Dersso, South Africa’s Rapporteur to the African Commission on Human and Peoples’ Rights, sent an urgent appeal to the government to protect the rights of vulnerable groups, including refugees, asylum seekers, and migrants during the lockdown period. Although the South African government took some positive steps towards migrants and refugees, such as the non-penalisation of migrants and asylum seekers whose visas expire during the pandemic, migrants and asylum seekers have continued to be arrested throughout the crisis for instances such as ‘violating lockdown measures’. Further, in a report released by Human Rights Watchon 20 May, the South African government’s Covid-19 aid programs, including food parcels, have overlooked refugees and asylum seekers, which includes many LGBTQI+ people who fled to South Africa to escape persecution. This direct discriminatory practice has been condemned by international bodies, since essential aid to those who are most vulnerable, often with no alternative solution, should be offered during times of crisis.

France

A positive step by France has come in the form of pushing forward the arrival of 750 asylum seekers from Greece. 750 people to be relocated, including 350 unaccompanied minors, are scheduled to depart Greece in July. This relocation, previously scheduled for earlier this year, was temporarily halted due to the coronavirus outbreak. However, the question of asylum seekers in Calais remains. For the significant amount of those stuck at the border between the UK and France, access to food, healthcare, or shelter is a daily fear. Antoine Nehr, a coordinator at the charity Utopia 56, stated that when his organisation attempted to assist asylum seekers and refugees in Calais, they received ‘26 fines for going out on patrol, delivering food, or blankets. And four members of the team were taken into custody, while carrying out humanitarian work’. In Lyon, Syrian asylum seekers living in squalid conditions with pending refugee statuses are unable to find housing or work, and no longer receive any asylum seekers allowance. Direct assistance is only offered in the form of a charity started by a few women during the lockdown and some local residents. For those reliant on humanitarian support, as they are not eligible for state-sponsored financial aid, restrictions on organisations cuts a vital lifeline for vulnerable people.

Disability rights

Kazakhstan

On 21 May, Human Rights Watch reported that in Kazakhstan, four children living in a state residential institution for children with disabilities have died, while a further 16 were hospitalized with measles and intestinal infections. Although these deaths were not attributed to Covid-19, this reaffirms the danger of the spread of infections in confided institutions, drawing on urgent action to protect vulnerable children placed in residential facilities during the lockdown period, and their living conditions thereafter. The treatment of disabled children in Kazakhstan’s residential facilities prior to the lockdown has been reported as a grave violation on the rights of the child, and the rights of persons with disabilities, with instances of physical violence, forced sedation, and neglect. Human rights watch has called for the Kazakh government to ‘look to reallocate resources from institutions to families or other family settings in the community, so they have the necessary support to care for their children.’

Ecuador

Currently, Ecuador has 25,211 cases of coronavirus, a remarkably high number given the national population of 17.08 million. While the pandemic is severely affecting all sections of society, there have been reports that for disabled citizens, issues pertaining to inaccessible information on coronavirus are prevalent. In an article by the International Disability Alliance, one interviewee, Juan Carlos, explained that information provided by public officials regarding Covid-19 was very basic, not very informative and not available in accessible formats. Further, Carlos explains that the National Council for Disability Equality of Ecuador released a specific guide for persons with disabilities 15 days after the confinement was implemented. As 60 per cent of persons with disabilities are living under the poverty line in Ecuador, with limited or no access to the internet, telephone or television, the delay in the government informing those with disabilities on coronavirus in turn increases their vulnerabilities, and increases their likelihood of becoming infected.

Religious Discrimination

Pre-existing religious tensions have been exacerbated by government endorsed scapegoating in several countries. UN Secretary General Antonion Guterres has urged religious leaders to challenge ‘inaccurate and harmful messages’ which fuel hate speech, and called on faith leaders to create social cohesion, exemplifying how the virus has been used to stigmatise certain religious and minority groups.

India

In India, lockdown has been used as a guise under which the Government can initiate further attacks on Muslim minorities. Since social distancing guidelines and lockdown measures have effectively taken away people’s right to the freedom of assembly, protests against the discriminatory Citizenship Law which were widespread at the start of the year, are now impossible. Moreover, the Indian Government has used the lockdown period to arbitrarily detain at least 50 people, lawyers and activists in connection with the riots in February. In a public statement, the Indian Government stated 2,647 people had been detained or arrested after the riots, but refused to comment on the number of further arrests during the lockdown.

Further restrictions have also now been placed upon Kashmir, the disputed region that has one of the highest concentrations of Muslim-minority individuals in India. The region has faced internet restrictions since August 2019, meaning people and doctors do not have access to crucial information regarding the virus. On 10 May, the Supreme Court of India refused to restore internet services in the region. The Government of India have further restricted the rights of Kashmiri citizens during this time, by introducing the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order 2020. The Order allows for substantial modifications in the demography of Jammu and Kashmir to ensure the Indian government can exert greater control over the region by diluting the political representation of the Muslim indigenous communities. As mass demonstration remains impossible, such a move seems to exploit diverted international attention to bring about further restrictions.

China and Myanmar

In China and Myanmar, the outbreak of Covid-19 is a welcome diversion of international attention from the persecution of their Muslim minority populations. There is great concern for the Uighur Muslims held in so-called ‘re-education’ camps. In cramped and unhygienic conditions, coupled with the outbreak of the virus, their right to health has been entirely disregarded. A report by the Australian Strategic Policy Institute alleges that at least 80,000 Uighurs have been moved and forced to work in factories in the Xinjiang province since 2017. During the outbreak of Covid-19, this practice becomes even more concerning as they are forced to return to unsafe workplaces, shouldering the burden of upholding the economy whilst the country remains in lockdown. Michelle Bachelet, United Nations High Commissioner for Human Rights, has asked for ‘unfettered access’ for a UN trip to the Xinjiang region later in the year, in order to investigate the conditions imposed upon the Uighur population.

Myanmar

On 14 May, US Ambassador at large for International Religious Freedom, gave warning about the rise in religious discrimination during Covid-19. In particular, he drew attention to how states are refusing healthcare services to minority groups. Amongst other examples highlighted was that in Myanmar, the Burmese military are denying the Rohingya Muslims access to medical care. The outbreak of Covid-19 is allowing many countries to exacerbate pre-existing discrimination and the Rohingya population in Myanmar are facing new threats to their health and safety.