Issue 12 – Friday 10 July 2020

 

IBAHRI Covid-19 Human Rights Monitor

Release date: Friday 10 July 2020

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  1. Gender-based violence and women's health

    Given the global rise in reported gender-based violence cases and restrictions on women’s health services, significant measures must be put in place to protect vital services from being downsized or effectively removed in light of this unprecedented crisis.
  2. Refugee camps

    It is undisputed that the coronavirus knows no borders. Widespread effects on domestic and global economies, healthcare systems and political frameworks can characterise the pandemic itself. Fear-exploiting rhetoric around globalisation, migration and the coronavirus outbreak could provide the political sphere with a means to push structural anti-migration policies into fruition.
  3. Informal Settlements and homelessness

    As public health officials around the world declared ‘stay at home’ measures to combat the spread of coronavirus, government-instructed guidelines and preventative measures effectively place the 1.8 billion people living in informal settlements or homeless in an even more precarious situation. Urgent action must be taken to safeguard those unable to adequately self-isolate or social-distance during the time.
  4. Asylum procedures

    As those waiting to access the asylum system face an indefinite period of uncertainty, asylum seekers are at an increased risk of exposure to human rights violations. For those currently in the asylum process who have registered their claims and had their cases suspended, remaining in temporary accommodation unsuitable for self-isolation makes the task of staying safe from the infection completely impossible. As a result, the unprecedented global pandemic severely impacts the wellbeing of asylum seekers and refugee communities.
  5. Disability rights

    As the pandemic continues, the fundamental rights of persons with disabilities remains largely ignored. With healthcare services and carers in short supply, and quarantine measures in place in some countries, those with disabilities are often lacking the necessary support. As an increase in emergency legislation ensues, medical ethics integral to the global pandemic should be equipped to thoroughly protect the fundamental rights of disabled persons under government care.
  1. Gender-based violence and women’s health

    Statistical evidence from monitoring and case management systems gathered by international organisations during the Covid-19 pandemic has proven that the global pandemic disproportionately affect the lives of women and girls worldwide, resulting in an alarming increase of gender and intimate partner violence. On Monday, 553 international organisations and agencies called for urgent action to make gender-based violence a key priority of humanitarian response plans. Further, an urgent need to enforce legislation that protects victims of violence must be upheld in emergency contingency planning.

    Domestic workers

    For domestic workers, on-going travel and border restrictions to prevent the spread of Covid-19 have left workers in a precarious situation, with an estimated 2.4 million domestic workers facing conditions of slavery, according to the International Trade Union Confederation. As the global pandemic has led to an increasing demand for states to repatriate their citizens, the cost of repatriation for domestic workers is often too high to cover. In Ethiopia, a repatriation charge of $1,450 for flights and mandatory quarantine has left a dozen Ethiopian women abandoned by employers outside the Beirut consulate, with no other means of redress. Further, given the high proportion of Ethiopian domestic workers, an estimate of 150,000, earning on average $150 a month, the cost imposed by the Ethiopian government disregards the economic inequalities faced by those stuck abroad. Reports have emerged earlier this week of Ethiopian women sleeping rough outside of the Ethiopian consulate in Beirut, with some local activists and aid workers offering tents as a form of shelter. An escalated number of domestic workers, often bound to the abusive Kafala system, are reported to have been abandoned by their employer without pay or passports, as well as undocumented migrants and day labourers who have been unable to find work, according to Amnesty International. Banchi Yimer, the founder of Egna Legna, an NGO supporting Ethiopian workers in Lebanon reported that ‘in the past, many girls who were abused [by their employers] or had their salary withheld could ask to be sent home’, however, given the rise in return fees, ‘no one can afford the ticket price. This means many will remain indefinitely in cycles of abuse with no alternative’.

    In the UK, domestic workers for families from the Gulf States have reported abuse during the lockdown period, which has exacerbated the vulnerabilities of women that are unprotected by labour laws. Kalayaan, an organisation for domestic workers, sent a letter to the Ministers of Immigration and Safeguarding urging them to keep vulnerable domestic workers safe and ‘prevent them from remaining in situations of abuse or having to accept precarious employment to avoid destitution’. Some of the prevalent issues raised were from reports of a number of workers who have been dismissed from jobs and with no entitlement to support, including no recourse to public funds, left destitute, or been forced to work increased hours or face losing their income or accommodation. On 1 June, the Home Office responded and failed to address the key issues raised in this letter. The UK’s visa tier-based immigration law allows single employers in the UK to receive domestic workers, who are bound to their employer for six months. If the migrant worker decides to change employer, they become undocumented. Advocates and lawyers have stipulated that this law encourages the exploitation of migrant women and those trafficked. Virginia Mantouvalou, a law professor at University College London has stated: ‘through both immigration regimes, the law creates vulnerability to exploitation. And employers routinely and systematically take advantage of this situation by violating workers’ rights and other human rights’.

    Bangladesh

    In Bangladesh, economic uncertainties and an increase in gender-based violence have placed additional strain on women and children. Data collected by the UN indicates that only 3.9 per cent of the funding needed to tackle gender-based violence in Cox’s Bazaar were implemented, leaving a vast amount of programmes, such as educating young boys and men on preventing violence, deemed ‘non-essential’ during the Covid-19 pandemic. In May, a rapid telephone survey conducted by the Manusher Jonno Foundation (MJF), a human rights organisation based in Bangladesh, found that during the global pandemic, there was an increase of 2,455 women and children experiencing domestic violence for the first time in their lives since last surveyed in April. Further, the MJF study found that there has been an overall increase of other forms of violence, such as child marriage, violence at workplace, kidnap, murder, attempted rape and sexual harassment during the receipt of food and other support. Moreover, economic inequalities are prevalent during the Covid-19 pandemic, with the average income of residents in urban areas falling by 75 per cent and by 62 per cent in rural areas, according to an economic inclusion survey by the World Bank. As a result, 34 per cent of parents in Bangladesh were sending their children out to beg, and therefore at risk of verbal and physical abuse, sexual exploitation and neglect. Maolana Hafez Md. Mizanur, a Faith leader in Bangladesh, stated: ‘Support is needed to stop sexual harassment, to stop early marriage and child labour. Parents need counselling to stop child violence in the family. Children need mental support to overcome [their] fears of Covid-19’.

    Kenya

    In Kenya, President Uhuru Kenyatta ordered an investigation into rising reports of violence against women and girls – including rape, domestic violence, female genital mutilation (FGM) and child marriage – because of coronavirus restrictions, according to Reuters. Although there are currently no governmental statistics on gender-based violence, organisations have reported that their helplines have received ten times the amount of calls since the implementation of a nationwide lockdown in March. Women’s rights groups and advocates have stated socioeconomic decline as an attributing factor to widespread physical and sexual violence, which has in turn made women and girls more vulnerable to sexual exploitation. Fanis Lisiagali, director of the national helpline of the department of gender affairs, stated that some of the instances of violence have included physical assault, rape and defilement, child marriage and female genital mutilation. Yet, due to constraints on the victim, ‘these are few as much of it is hidden’. So far, the national helpline has reported 4,000 cases of early pregnancies and 1,108 calls for assistance since lockdown began.

    United Kingdom

    In the UK, 26 women have been killed by male partners or relatives during the lockdown period, according to statistics compiled by the Counting Dead Women Project. As reported in previous monitor, when government-instructed lockdown measures took place in late March, 16 women and girls were killed in suspected domestic homicides – more than triple the number from the same period in 2019. Given the rise in female-based homicides, domestic violence and emergency shelters unable to meet the increasing demand, various organisations have reached out to the UK government to ensure that urgent measures will be taken to safeguard vulnerable women and to fund the resources necessary for victims. The New York Times has reported that interviews with ‘more than 50 government and law enforcement officials, academic experts, front-line support workers and abuse survivors’ show there is no record of prioritising services for those suffering from domestic abuse in their coronavirus contingency planning. As the UK government stated that £37m will be provided to emergency funds for domestic abuse charities, so far, only £1m has reached front-line organisations. A strategic action plan commissioned by the UK government in May, two months after lockdown regulations began, highlights that there is still far more that can be done to protect women across all of society, as so far the government’s response on tackling gender-based violence has been ‘piecemeal, fragmented and unequal’.

  2. Refugee camps

    Greece

    In Greece, the government has announced the fifth extension of lockdown measures, enforcing quarantine on refugee camps until 19 July. Regardless of the widespread criticism, migrants, refugees and asylum seekers face restricted movements, with those held in these facilities only permitted to leave between 7am and 9pm in groups of less than ten persons, and no more than 150 persons are allowed to exit each hour, according to the Ministry of Migration. Given the poor infrastructure of refugee camps in Greece, with limited to no available social distancing measures, poor hygiene facilities, and a disproportionate amount of refugees with medical conditions, it is arguably an unjust move by the Greek authorities, as it directly disregards the health and wellbeing of a large, vulnerable community. Ruhi Akhtar, a volunteer at Chios, stated: ‘we can't get adequate aid to people. They are messaging us from inside the camp’. Further, Marco Sandrone, coordinator at Doctors without Borders, stated that the extension of lockdown measures at camps has ‘nothing to do with public health as there were no cases in the camps’. Some NGOs have stipulated that as there are 32,000 asylum seekers on the five Aegean islands, in camps with a capacity of 5,400, Greek authorities might be transferring thousands of migrants to the mainland in a move to attract ‘foreign visitors for the tourist season’.

    Moreover, MEPs in the Civil Liberties Committee in Greece have requested Greek officials clarify their position regarding several media and civil society reports indicating that the country’s police and border guards systematically prevent migrants from entering Greece, using violence and even shooting at them, both at the land and sea borders. In response to these allegations, the Michalis Chrisochoidis, Greek ministers for Citizen Protection, declared these reported incidences as ‘fake news’, claiming that Greek authorities are ‘keeping EU borders safe, always respecting fundamental rights’.

    Indonesia

    In Indonesia, 94 Rohingya refugees were rescued by Indonesian fishermen after being stranded for 120 days at sea, according to the European Civil Protection and Humanitarian Aid Operations. The initial plan set by Indonesian officials for the Rohingya refugees, who were unable to get onto the shore due to Covid-19 related restrictions, was ‘to push them back out to sea with a new boat, gasoline and food.’ Yet, local residents repeatedly urged the authorities to do something, but they were told the group could not be brought to shore ‘because to do so would risk spreading coronavirus’. However, there are still increasing concerns of another stranded boat with 500 Rohingya on board, according to authorities in Jakarta. During Covid-19 public health measures, various governments across southeast Asia have repeatedly turned away boats carrying Rohingya refugees, shielding under the pretext of spreading Covid-19. Amnesty International has highlighted that it is not yet known how Indonesian authorities plan on assisting the 94 Rohingya refugees. However, Amnesty has stated that for Indonesia, the principle of non-refoulement is protected under general international human rights law, as well as customary international law, which is binding on all states without exception. Further, the ASEAN Human Rights Declaration also enshrines the right to ‘seek and receive asylum’. Therefore, urgent action must be taken in compliance with international human rights law in protecting refugees in Indonesia.

  3. Informal Settlements and homelessness

    Roma settlements in Europe

    Discriminatory acts against Roma settlements have been widespread in Europe during Covid-19 lockdown measures. Instances of attacks against Roma communities have been reported in various states, with the Netherlands, North Macedonia, Romania, Serbia and Slovakia reporting 15 incidents of police violence against Roma people since lockdown began, according to the European Roma Rights Center, a Brussels-based watchdog. Further, in Belgium, two groups of Roma were made homeless in April after the police confiscated their four caravans on accusations of violating coronavirus restrictions, according to the New York Times. In Bulgaria, discrimination against Roma settlements continue to rise, with at least seven Roma settlements forcibly placed on lockdown at various points since March, despite low rates of Covid-19 cases. Furthermore, there are reports of officials in one town spraying disinfectant on a Roma settlement from a plane, according to the New York Times. In a clear act of racial discrimination against Roma communities, Bulgarian authorities eased lockdown restrictions on all but the Roma settlements, an extension already granted by municipal officials, which could be extended further. Orhan Tahir, a lawyer based in Bulgaria, argued that Bulgarian authorities monopolised the Covid-19 pandemic to push their far-right agenda against Roma settlements, and further marginalise this community. Further, Tahir states; ‘in March, representatives of the VMRO-BND party asked the Bulgarian national crisis staff to set up checkpoints at the entrances of all “ghettos”, implying that only those places where Roma live are potential “hotbeds of infection”’. The implication that Covid-19 infections will be paramount in only these settlements, prior to any outbreak in the Roma community, gives further evidence of neglect, scapegoating and discriminatory practices against the Romas, and urgent action must be taken to safeguard their fundamental human rights.

    Bangladesh

    In Bangladesh, the total number of residents living in urban informal settlements accounts for 6.33 per cent of the urban population and 1.48 per cent of the total population of the country. As a significant proportion of residents in urban slums and low-income settlements survive on daily wages, which means they have little or no savings, the Covid-19 pandemic has proven to take a severe economic toll on the livelihoods urban residents. A significant proportion of urban slum dwellers are heavily reliant on informal economy in Bangladesh, and with the cessation of this industry, the poverty rate might double to 40.9 per cent, according to the South Asian Network on Economic Modeling. In a statement by Kam Morshed, an expert based in Bangladesh, noted; ‘the poor and vulnerable people are becoming more vulnerable. So we expect the inequality in society to increase.’ Moreover, low-income settlements are crowded, and families frequently live in single rooms with shared latrines and kitchens, and lack basic sanitary services. In a report conducted by the Gender and Adolescence: Global Evidence programme at the Overseas Development Institute, ‘Exploring the impact of Covid-19 on adolescents in urban slums in Dhaka’ found that it was mostly the fear of assault by the police that kept slum residents inside their homes.

  4. Asylum procedures

    Saudi Arabia

    In Saudi Arabia, government-instructed lockdown measures have closed down most industries for the past three months. As a result, Yemeni workers, mainly asylum seekers and refugees, are unable to do their jobs and therefore are left in destitution due to a lack of social security measures. Further, as Yemeni workers contribute to around $5.2bn annually in transfers to Yemen, an income reduction significantly deprives the Yemeni economy and family member living on remittances. Moreover, Saudi authorities require that migrant workers be taxed further on social services, such as housing and accompanying individuals, a fee that is often too high for the worker to pay for, with a report by the Saudi Jadwa Investment company declaring that about 1.6 million workers left Saudi Arabia after fees on accompanying persons were increased in July 2017. As restricted movement and border closures instructed by the Saudi government are coupled with an ongoing war in Yemen, for many citizens stuck in Saudi Arabia with no source of income, and no access to social security, this continues to be a dire situation for those in need of urgent assistance. Campaigners have called on Saudi Arabia to reform its long-criticised labour policy and offer an amnesty to poor debt-ridden workers trapped in the country, a predicament that risks fuelling the pandemic.

  5. Disability rights

    Women with disabilities at high risk

    On 3 July 2020, Human Rights Watch issued a report to the United Nations Special Rapporteur on violence against women, raising concern that domestic workers, older women, and women with disabilities—including those living in institutional settings—may find it challenging to access essential services during the pandemic. Additionally, many women living in residential institutions face risk of neglect, abuse, and inadequate health care, but also restrictions on their legal capacity, which take away their rights to make decisions for themselves. Human Rights Watch had previously raised concerns that crises – and lockdowns – can trigger a greater incidence of domestic violence for reasons including increased stress, cramped and difficult living conditions, and breakdowns in community support systems. In Iraq, a 35-year-old deaf woman noted that sexual violence against women with disabilities has increased during the pandemic. She shared that a deaf woman with a physical disability was recently raped by a neighbor, but that authorities had not investigated the incident.

    As the pandemic continues, governments must collect comprehensive data on violence against women with disabilities and arrest and prosecute perpetrators. The IBAHRI joins Human Rights Watch in urging that government policies related to violence against women and family violence are inclusive of, and accessible for, women with disabilities.

    People with disabilities living in institutions disproportionately killed by Covid-19

    From Los Angeles to London, the vast majority of deaths due to Covid-19 have occurred in institutional settings, including nursing homes, assisted living facilities, shelters, supportive living and correctional facilities. Due to an international shortage of affordable, supportive, and accessible independent living options, many people with disabilities are forced to live in institutional settings and have died during the pandemic as a result.

    On 23 June, US-based organisations The Service Employee International Union and American Civil Liberties Union filed a legal petition with the US Department of Health and Human Services pointing to the federal government’s failure to respond to the risk Covid-19. The global pandemic has demonstrated difficulties in congregate settings for people with disabilities, including nursing homes, group homes for individuals with disabilities, intermediate care facilities for individuals with intellectual disabilities, and psychiatric facilities. The petition highlights the disproportionate death rates in congregate settings and argues that the HHS is directly responsible for the horrific statistics because they failed to issue clear guidance for infection prevention and control, waived basic patient and worker protections, and failed to divert patients from congregate settings and facilitate appropriate transitions back into the community. A process that would help reduce the populations in these facilities so that social distancing might be possible.

    Covid-19 has illustrated more than ever that people with disabilities are put at great physical, mental and social risk when they do not have access to non-institutional housing. As governments worldwide look to long term recovery and infrastructure investments in housing in the wake of Covid-19, the IBAHRI urges that people with disabilities and their housing needs be a part of the conversation and that community based independent living housing is explored and ultimately funded.

    Persons with disabilities living in humanitarian crises face increased risk

    A June 2020 study by Handicap International revealed the difficulties faced by people with disabilities living in countries with pre-existing humanitarian crises such as South Sudan, Syria, and Yemen. Among the various challenges, people with disabilities face inaccessible environments and barriers to information (hindering their ability to protect themselves), are affected by negative social stigmas and discrimination, face higher health risks, are more exposed to economic shock and are at greater risk for violence and abuse from family members and caregivers. One aid worker in Yemen noted: ‘Discrimination will affect persons with disabilities. Many persons with disabilities do not have access to hygiene supplies, due to a lack of financial resources or information. When they are in need of help, many people will refuse to help them because they fear that persons with disabilities are sick or dirty’.

    The report concludes by urging coordination and collaboration across governments and services to identify and mitigate risks faced by people with disabilities. The IBAHRI agrees, and would remind all governments party to the UN Convention on the Rights of Persons with Disabilities of Article 11, which requires all signatories take ‘all necessary measures to ensure the protection and safety of persons with disabilities in situations of risk’.