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      America’s War on Abortion

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      Despite the World Health Organization (WHO) releasing a statement earlier this year articulating that, “services related to reproductive health are considered to be part of essential services during the COVID-19 outbreak,” legislators in some US states have been making relentless efforts to declare abortion services as non-essential during the pandemic. Lawmakers in Oklahoma, Alabama, Arkansas, West Virginia, Louisiana, Ohio, Tennessee and Iowa are having to contest extensive lawsuits in connection with the issue.

      On March 23, Texas Attorney General Ken Paxton asked all licensed health care professionals and facilities, including abortion providers, to comply with the executive order issued by Governor Greg Abbott that stated that all surgeries and procedures that are not medically necessary to correct a serious condition or preserve life will be postponed. Thus, all procedural abortions in the state of Texas were banned amid the COVID-19 outbreak to conserve medical resources. After a union of abortion-rights groups, including Planned Parenthood, sued the state of Texas over this temporary yet extremely restrictive measure, the bans were partially lifted, with abortions resuming again at the end of April.

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      According to Marie Stopes International, the suspension of services could lead to anywhere between 1.2 million and 2.7 million unsafe abortions during the pandemic across the 37 countries where the charity operates. A large part of these will occur in the United States, owing to a lack of safe abortion facilities. Thus, the uproar caused by the US restrictions has breathed new life into the standoff between pro-life and pro-choice advocates, an argument the relevance of which has not diminished with time.

      May 15, 2019,was a decisive and divisive date for women in the United States, particularly in the state of Alabama, which saw the passing of the Alabama Human Life Protection Act. Under this law, women who undergo an abortion after six weeks of pregnancy can be held criminally culpable or civilly liable for homicide. The act bears only two exceptions: if the fetus has a lethal anomaly or if the pregnancy poses a threat to the mother’s life. Since the landmark decision of Roe v. Wade in 1973, this is the first time abortion is being criminalized in the US. The passing of the act has triggered a domino effect, opening the availability of abortion up for debate in several states. In Georgia, Ohio, Louisiana and Missouri, blanket bans on abortion have been passed.

      Of the 27 Republicans in the Alabama Senate, 25 of those who voted the act through were white men. As Nahanni Fontaine, a member of the Legislative Assembly of Manitoba, Canada, tweeted, “These 25 men, who will never be pregnant, just legislated more rights to rapists than to women, girls & victims of rape/incest.”

      Hundreds of pro-choice demonstrators marched to the Alabama Capitol to protest the bill, with slogans like “My Body, My Choice!” and “Vote Them Out!” Then-Democratic presidential candidates Bernie Sanders, Elizabeth Warren and Pete Buttigieg vocalized their opposition to the passage of the act. Celebrities like Jameela Jamil, Ashley Judd, Amber Tamblyn and Busy Philipps talked about their own abortion stories as an act of protest. Rihanna, Lady Gaga, Billie Eilish, Sophie Turner and Emma Watson have also spoken out against the bans. Even Tomi Lahren, a conservative commentator, has voiced her opinion against the ban, calling it “too restrictive.” The postulate that “Men shouldn’t be making laws about women’s bodies” flooded the internet.

      Pro-Life?

      On the other side of the argument, pro-life supporters think that the 6-week-old embryo is a living being and that aborting it is murder — even in the cases of incest and rape. Often, religion is used to justify such ideology. The main argument that pro-lifers bring to the table is that because at six weeks of gestation the fetus inside its mother’s womb has a heartbeat, it must be recognized as a human being.

      In 2015, 89% of all abortions in the United States happened during the first trimester, prior to week 13 of gestation. During this period of time, the fertilized zygote is generally attached to the wall of the mother’s uterus through the placenta. At this stage, the embryo is incapable of surviving independently from its mother. Hence, the embryo — which becomes a fetus at seven weeks gestation — cannot be considered an entity in itself.

      Pro-life advocates go on to say that adoption is an alternative to abortion and also highlight the fact that abortions may result in medical complications later in life. However, more than 60% of children in foster care spend two to five years, and 20% spend five or more years, in the system before being adopted. Some never do. This can lead to issues like a greater vulnerability to depression, obesity and anxiety. Furthermore, new research shows that only about 6% of children passing out of foster care have actually finished college and less than half are employed at the age of 23.

      When it comes to the safety of abortions, a study by the Bixby Center for Global Reproductive Health shows that major complications in abortion procedures are rare, occurring in less than a quarter of 1% of procedures, which is safer than having a wisdom tooth removed. Abortions performed in a clinical environment are safe. However, that is precisely what these acts are denying women.

      In the case of incest or rape, pro-life advocates are vocal about punishing the perpetrator. However, Republican Congressman Steve King has defended the blanket bans by saying, “What if we went back through all the family trees and just pulled out anyone who was a product of rape or incest?” He went on to ask: “Would there be any population of the world left if we did that? Considering all the wars and all the rapes and pillages that happened throughout all these different nations, I know that I can’t say that I was not a part of a product of that.” The fact that the birth of a child is a physical burden carried out by women, not men, is glaringly absent from this line of thought.

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      What legislators seem to be impervious to is that rapists continue to walk free while women are made to carry their children. Nearly 3 million, or 2.4% of American women, experience rape-related pregnancy in their lifetime. However, for every 1,000 sexual assaults that take place in America, 995 perpetrators walk free. According to a CNN investigation, 25 law enforcement agencies in 14 states were found to be destroying rape kits in cases that could still go to trial.

      The American justice system is currently incapable of delivering justice to women. No minor — like the 11-year-old rape victim from Ohio — must be forced to carry her rapist’s child to term. Moreover, in cases of incest-related rape, the child born out of the union can suffer various mental and physical deficiencies. Children born to close relatives often suffer from being more prone to recessive genetic diseases, reduced fertility, heart defects, cleft palates, fluctuating asymmetry and loss of immune system function.

      Conservatives insist that women must be responsible enough to use contraception and not use abortion as an alternative. A Gallup poll shows that at least 78% of all American adults who are opposed to abortion are also pro-birth control. However, between 2011 and 2013, 43% of adolescent females and 57% of adolescent males in the US did not receive information about birth control before they had sex for the first time.

      There is a lack of sex education at the primary and high school levels, and women are expected to be aware of contraceptives in a system that doesn’t teach preventive measures in the first place. Moreover, in 2014, 51% of abortion patients were using a contraceptive method in the month they became pregnant, and this goes to prove that contraception does not always stop conception, especially in cases where people are ill-informed about its use.

      A Nightmare for Women

      The deeper one looks into the issue, the clearer it becomes that pro-life advocates are not really saving lives. They are more simply anti-women. The Alabama Human Life Protection Act states that if a woman does undergo an abortion, the doctor carrying out the procedure could go to jail for up to 99 years — a class-A felony charge.

      The ban will disproportionately affect racial minorities. For example, some 36% of abortions are performed on African American women, who make up just 13% of the population. In Georgia, while African Americans constitute 32.2% of the population, they account for 62.4% of all abortions. Policymakers are conscious of this.

      The bill also fails to address the crucial question of who will provide the basic necessities that a child needs to survive. In the US, the average cost of raising a child up to the age of 18, excluding college education, is $233,610. However, 49% of all abortion patients in the United States of America live below the poverty line, with an annual income of less than $11,770. Childbirth costs for many uninsured Americans can easily extend to over $30,000.

      Furthermore, in 2017, a total of 194,377 children were born to women aged between 15 and 19 — a rate of 18.8 per 1,000 women in this age group, a record low. The states of Mississippi and Louisiana, where attempts have been made to criminalize abortion, rank among the first six states with the highest teenage pregnancy rates. The expenses of having an unplanned child become insurmountable for many of these women.

      But making abortions illegal will not stop them from taking place. In 2017, over 6,000 abortions were provided in Alabama. This is despite the fact that the number of abortion clinics had been reduced to just five and that some people had to drive hundreds of miles to get to one. In the state of Georgia, 27,453 abortions were carried out in  2017, 8,706 in Louisiana, 20,893 in Ohio, 3,903 in Missouri and 2,594 in Mississippi. It is unrealistic to suggest that all these women will decide to keep the baby just because of the change in the law.

      Baby Lives Matter

      The only change Alabama’s new law will bring about is in the methods women will use to secure an abortion. In countries where abortion is already criminalized, non-clinical and illegal abortions still cause about 8 to 11% of all maternal deaths. America may soon be no different. Women may be forced to seek help online, where they receive suggestions such as injecting themselves with unknown drugs, falling down the stairs and other horrific solutions.

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      As the Alabama abortion laws remain blocked by a federal judge, Americans are shadowed by uncertainty with respect to their right to abortion. With the passing of Supreme Court Justice Ruth Bader Ginsburg earlier this week, the right to abortion enshrined in Roe v. Wade comes under threat of a possible conservative majority on the court.

      Following  President Donald Trump’s termination of America’s relationship with the WHO, the US is under no obligation to adhere to the prospects of abortion being an essential service. Despite retaliation from several reproductive rights groups and national medical associations including the American Medical Association, the Trump campaign is selling baby onesies with the slogan “Baby Lives Matter.”

      These bans, though legally restricted to the US, affect women all over the world as they affect any progress toward gender equality and create general disagreement on the issue. According to Marie Stopes International, unless efforts are made to acknowledge the essential nature of reproductive health, 9.5 million women across the world could lose access to contraception, causing up to 3 million unwanted pregnancies and, in turn, between 1.2 million and 2.7 million unsafe abortions and 11,000 pregnancy-related deaths. Considering the current state of affairs around abortion in the US, it is safe to say that a large portion of these figures will be attributed to America.

      Amid deepening economic, social and health care crises spurred on by the global pandemic, the debate over reproductive rights will affect women the world over. When it comes to abortion, laws around it must be written by women, for women. America must listen to its women, who must retain their right to choose, especially during these trying times.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      The Solution to India’s China Problem: A Free Tibet

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      India has had a wound around its Himalayan neck ever since it suffered a humiliating defeat to China in 1962. The recent clash between Indian and China soldiers in Galwan Valley on June 15 has only rubbed salt into that wound.

      It has come to this because when China invaded neighboring Tibet in 1950, India was in thrall to the newly-established communist regime under Mao Zedong after a bloody revolution. Ignoring its civilizational relationship with Tibet, India hoped to gain from the emerging power of the People’s Republic of China and thus celebrated “Hindi-Chini bhai bhai,” a popular slogan of the time that translates to “Indians and Chinese are brothers.”

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      After 1962, the Chinese military stood on the doorstep of India across thousands of kilometers in the Himalayas. Proverbially, this border was guarded by only 60 Indian policemen before China’s conquest of Tibet. Pertinently, India never had a border with China before 1950.

      Refuge in India

      If Tibet had remained a free and independent country, today it would have been the 10th largest nation with 2.5 million square kilometers of land. The Tibetan Plateau hosts 46,000 glaciers, nearly one-fourth of the world’s total number. It is a source of numerous rivers, including some of the most mighty ones such as the Indus, Brahmaputra, Mekong and Yangtze. It is shocking that such a vast reservoir of water and natural resources in Asia has been occupied by China and it is even more shocking that it barely gets a mention today.

      Ancient Buddhist culture has been preserved in Tibet over many centuries. In the Indian public psyche, Kailash Mansarovar was part of India. Tibetans used to visit Buddhist pilgrimage sites in India at Sarnath, Bodhgaya, Nalanda and Amravati. The India–Tibet border was irrelevant and people used to cross it freely. Today, that border has two armies facing each other and people no longer cross it.

      After the Dalai Lama took refuge in India in 1959, around 100,000 Tibetans have come to India. Most of them live in the Himalayan regions and the state of Karnataka. The Tibetan seat of power is in Dharamshala, Himachal Pradesh, where the Dalai Lama has set up abode. The Tibetan parliament and government are also based there. Although many Tibetans still dream of a free Tibet, India‘s desire for closer ties with China in the past has led New Delhi to shy away from supporting Tibetan independence. As a refugee in India, the Dalai Lama has spoken of autonomy and adhered to India‘s “One-China” policy.

      In 70 years of Chinese occupation, more than 1 million Tibetans have been killed, 6,000 monasteries destroyed and Tibet’s cultural identity attacked. The Chinese have also proceeded to exploit Tibet’s natural resources. They have cleared forests, bombed mountains and practice strip mining for gold, copper, lithium and other rare earth elements.

      Long Ignored

      The international community has ignored the genocide and exploitation Tibet has experienced over the last seven decades. Powerful nations have made their peace with China for geopolitical and economic reasons. In the process, Tibetans have suffered a lot.

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      Globalization has led over 160 countries trading with China. Western “liberal democrats” blindly accept the “One-China” policy and recognize Tibet as a part of China. Freed of any external pressure, China has become more oppressive in Tibet. Even possessing the Dalai Lama’s photo could land a Tibetan in jail on charges of separatism. Although Tibetan youth do not retaliate like their counterparts in Palestine or Kashmir, they have resorted to self-immolation as a form of protest against Chinese occupation.

      Tibetans still believe that freedom is possible. Until six decades ago, Confucianism and Buddhism were the strongest influences on Chinese society. Communism attacked these twin pillars. Capitalism has shaken them further. Today, the only religion consumerist China worships is money. Yet, as the Chinese are discovering, life is more than money. Tibetans are convinced that China will never be able to conquer their spirit and that they are free until their spirit is free.

      During visits of Chinese leaders, Indian police customarily arrest all Tibetan activists to appease China. Yet young Tibetans take their inspiration from India’s struggle for independence from British rule. Few remember that until 1942, most Indians did not believe they would see freedom in their lifetime. Mahatma Gandhi’s Quit India Movement struggled to gain mass support. Within five years, India became independent because the British Empire collapsed under its own weight. Tibetans believe the same will happen to the modern Chinese empire.

      Chinese Domination

      China has not only occupied Tibet but also Uighur East Turkestan, a Muslim-majority region covering 1.8 million square kilometers now known as Xinjiang. It also occupies 1.2 million square kilometers of southern Mongolia and 84,000 square kilometers of Manchuria. By some calculations, 60% of China’s 9.6 million square kilometers is occupied territory. China’s expansionist designs continue. The “Belt and Road Initiative” is China’s plan to dominate world trade.

      The Chinese Communist Party (CCP) controls all aspects of life in the country. The administration, the judiciary, the legislature, the media and the military are all controlled by the CCP. The party fosters a personality cult around Mao despite his responsibility for the death of millions of people. His portrait still adorns Tiananmen Square, a place made immemorable by the brutal slaughter of unarmed students by armed tanks. That 1989 massacre still stands obliterated from history textbooks and even the internet in China.

      Territorial encroachments and China’s support for Pakistan demonstrate that Beijing has no respect for India’s territorial integrity. There is no reason for India to respect China’s territorial integrity. Beijing is facing international isolation because of the COVID-19 outbreak. From Japan to Bhutan, China’s neighbors are nervous about its expansionism. The time has come for India to stand up to China. It must scrap the “One-China” policy and support Tibet’s nonviolent movement for independence.

      *[An earlier version of this article was published by The Indian Express.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      The 2020 US Census Could Threaten Human Rights

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      On July 21, President Donald Trump signed an unprecedented memo directing the commerce secretary to collect data on undocumented immigrants and remove them from the final population totals. The memo follows up on a July 2019 executive order that assigned the Census Bureau to determine how many residents are US citizens.

      It remains unclear how this plan — seemingly a workaround the Supreme Court decision that blocked the administration from including a question about citizenship on the census — would be enforced or survive a legal challenge. However, removing undocumented immigrants from the population totals would have the effect of distorting the count, thus diminishing political representation and federal funding for states with larger undocumented populations.

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      The decennial census, enshrined in the US Constitution, was conceived to count all residents of the country — regardless of citizenship or eligibility to vote — as a basis for taxation and the regular reapportionment of seats in the House of Representatives among the various states. In March 2018, US Commerce Secretary Wilbur Ross announced that for the first time in 70 years, the 2020 census would include a question about citizenship status for all households. After months of court battles, the Supreme Court issued a complicated ruling that kept the question off the census, noting that the administration’s rationale for adding the item was contrived.

      Nonetheless, recent surveys by civil society groups indicate that Latino communities remain fearful of participating in the census: as a result of the controversy, many mistakenly believe that a question about citizenship status will still appear and fear that census data could be shared with law enforcement or other government agencies. Now, the Trump administration seems determined to work around the Supreme Court ruling, noting that it is the “policy of the United States to exclude from the apportionment base aliens who are not in a lawful immigration status under the Immigration and Nationality Act.”

      The ramifications of removing undocumented immigrants from the count loom large as census information is used not just for congressional apportionment, but also for the allocation of an estimated $900 billion in federal funding for programs on issues such as nutrition, public health, housing, transportation, education, law enforcement and environmental protection. International human rights law — including the International Covenant on Economic, Social, and Cultural Rights (ICESCR) — recognizes the rights to education, health and an adequate standard of living.

      Distorted census results would damage the protection of these fundamental human rights by putting communities with large immigrant populations at risk of limited access to essential services. During the COVID-19 pandemic, this seems particularly punishing. Further, an undercount would place certain states at a political disadvantage in terms of proportional representation in Washington, undermining the fundamental democratic principle that voters should have equal power to choose their representatives. Removing undocumented immigrants from the census count would ensure that everyone in the country, both citizens and residents, ultimately suffer.

      The Trump administration has come to be associated with a xenophobic, exclusionary and race-based conception of American identity. Indeed, President Donald Trump has stood apart from all of his recent predecessors in displaying open hostility toward immigrants, asylum seekers and other vulnerable and minority groups. The president has proposed dramatic new restrictions on legal immigration and pledged to abrogate birthright citizenship — the constitutional guarantee that those born in the United States, whether or not their parents are citizens, have a right to citizenship. As a result, this proposal, beyond its harmful practical impact, has been criticized as an effort to enforce that identity.

      The proposal can also be seen as part of a larger pattern in which politicians seek to define American political membership, determine voters’ political identity according to demography and then maximize their chances at the polls through the manipulation of district boundaries or the rules of voting eligibility. In effect, a census that undercounts immigrant populations and distorts reapportionment could amount to an enormous partisan gerrymandering exercise. Like all such efforts, this would undermine the fundamental democratic principle that voters should have equal power to choose their representatives rather than representatives choosing their voters, further eroding the idea that elected officials should serve and appeal to all segments of society. Everyone in the country, both citizens and residents, would ultimately suffer from such an outcome.

      *[Fair Observer is a media partner of the Young Professionals in Foreign Policy.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      Opposing Repressive Regimes in the Middle East Is a Death Sentence

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      The ruling by Bahrain’s top judicial body, the court of cassation, on July 13 to uphold the death sentences of Mohammed Ramadhan and Husain Moosa has been decried by human rights organizations, condemned in the UK House of Lords and questioned in the British Parliament. Whether any of that will save the men from execution is debatable.

      The men were convicted and sentenced to death in 2014 for the killing of a policeman. That conviction was overturned when evidence emerged that they had been tortured into giving false confessions. Despite that decision, the death penalty was reinstated and subsequently confirmed by the court of cassation. An official in the public prosecutor’s office defended the court’s latest ruling while denying the accusations of torture, claiming that medical reports showed that the confessions were obtained “in full consciousness and voluntarily, without any physical or verbal coercion.”

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      That confounds the earlier court decision to throw out the convictions, which was based on an investigation undertaken by the Bahraini government’s own Special Investigation Unit that showed the men had been tortured. However, in the contorted reality of the kingdom’s politicized judicial system, the court of cassation decided that the convictions were not based on evidence extracted under torture but rather on other evidence.

      “Close and Important Relationship”

      Amnesty International denounced the latest verdict, saying: “The two men were taken to the Criminal Investigations Department where they were tortured during interrogation. Mohamed Ramadhan refused to sign a ‘confession’, though he was subjected to beating and electrocution. Hussain Ali Moosa said he was coerced to ‘confess’ and incriminate Mohamed Ramadhan after being suspended by the limbs and beaten for several days.”

      Moosa has said that, after his genitalia were repeatedly beaten, he was told that if he signed a confession implicating Ramadhan his sentence would be commuted to life: “They were kicking me on my reproductive organs, and would hit me repeatedly in the same place until I couldn’t speak from the pain. I decided to tell them what they wanted.” His repudiation of the confession was ignored by the courts.

      In UK Parliament, four days prior to the court of cassation ruling, the Conservative MP Sir Peter Bottomley had asked Foreign Secretary Dominic Raab for a statement on whether he would use what he called “the UK’s constructive dialogue” with Bahrain to publicly raise the cases of the men. In reply, the Minister for the Middle East and North Africa James Cleverly spoke of a “close and important relationship” with an “ongoing, open and genuine dialogue” with Bahrain. The minister averred that “this dynamic” enabled the UK to raise human rights concerns, adding “the cases of Mr Moosa and Mr Ramadhan had been, and would continue to be, raised in conversations with officials in Bahrain.”

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      Earlier this month, it was revealed that another heavily politicized judiciary, this time in Iran, had upheld the death sentences of three young Iranian protesters who had been arrested in November of last year during countrywide protests that saw hundreds killed by security forces. Though moving swiftly to convict the men and sentence them to death, the authorities have done virtually nothing about investigating the killings carried out by the state in suppressing the protests. Amongst media highlighting their case is the Saudi news site Al Arabiya. It noted that a hashtag trending in Iran, “#do not execute,” has had over 2 million tweets. On July 19, Iran halted the executions, according to one of the lawyers for the accused.

      In 2019, Saudi Arabia executed a record 184 people, including six women, many for drug-related offenses. Some were crucified after being beheaded. At least one was a minor. In April, the kingdom announced it would no longer execute juveniles; rather it would sentence them to a maximum of 10 years in a juvenile detention center. It is unclear if the decree will save the life of Ali al-Nimr, who was 17 when arrested and 19 when sentenced to death. His uncle Nimr al-Nimr, a prominent Shia Muslim cleric and critic of the ruling family, was beheaded in 2016.

      State-Sanctioned Arbitrary Killing

      In Egypt, more than 2,000 people have been sentenced to death since Abdel Fattah el-Sisi came to power in 2013, with nearly 200 executed. At least 10 children have been sentenced to hang. In the country’s prison system, there is another kind of death — by deliberate medical neglect, as was the case with the country’s first democratically elected president Mohammed Morsi. He was repeatedly denied medication for his diabetes and collapsed and died in a Cairo court on June 17, 2019.

      On November 8 last year, a panel of UN experts led by Agnes Callamard, the special rapporteur on extrajudicial, summary or arbitrary executions, concluded that Morsi’s death “after enduring those conditions could amount to a State-sanctioned arbitrary killing”. The case shed light on the horrific conditions in Egypt’s overcrowded and brutal prison system, a situation that has been severely exacerbated by the COVID-19 pandemic.

      On July 13, prominent Egyptian journalist Mohamed Monir died from COVID-19. He had been arrested and held in pre-trial detention for criticizing, on the Al Jazeera news network, the government’s handling of the coronavirus crisis. The charge against him was broadcasting false news. The 65-year-old suffered from heart disease and diabetes, and was therefore at high risk of contracting the disease. After falling ill Monir was released to hospital a week before he died. An influential critical voice was silenced. Surely that was the intention — death, be it by medical malfeasance or by execution, is a powerful weapon in the hands of authoritarian regimes.

      *[This article was originally published by Arab Digest.]

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      COVID-19: Balancing Health Emergencies and Human Rights

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      The COVID-19 pandemic has led to governments around the world imposing state emergencies under the pretext of protecting public health. Such measures, which have included both partial and full lockdowns to slow the spread of the novel coronavirus that causes the COVID-19 disease, have had an impact on fundamental freedoms. These rights, which are highlighted under international human rights law (IHRL), include access to health care, non-discrimination, privacy, free speech, freedom of movement and peaceful assembly.

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      On April 30, the UN Human Rights Council (UNHRC) categorically stated that under the International Covenant on Civil and Political Rights (ICCPR) — the human rights treaty of the UN — governments are not allowed to deviate from their human rights obligations and commitments while combating a global pandemic. This statement was released after a majority of officials served notices to the UNHRC about the declaration of state emergencies and the restrictive measures that undermined their human rights obligations under the ICCPR. Nonetheless, all restrictive measures enforced to combat the pandemic must meet the IHRL framework and comply with the purposes and principles of the UN agency.

      Moreover, the UNHRC asserted in its statement that many other countries had imposed similar restrictive measures without formally notifying the UN body about the derogation of certain human rights. The UNHRC advised states against neglecting their obligations under international human rights law by resorting to excessive emergency actions.

      COVID-19 Pandemic and Human Rights

      There are several non-negotiable human rights principles enshrined in the IHRL framework. These include the right to life; no torture and slavery; a fair trial before a court of law; no imprisonment for breaches of contractual obligations; freedom of thought, conscience and religion; and the right to recognition as a person. Consequently, Article 4(1) of the ICCPR states:

      “In [a] time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.”

      This does not mean that other human rights obligations can be shelved during a public health emergency against the principle of legal proportionality of restrictive measures. But there is a set of laws that consist of both procedural and substantive legal requirements. States have to meet these guidelines while combating the COVID-19 disease without eschewing their human rights obligations under the IHRL framework.

      On the other hand, UN Human Rights High Commissioner Michelle Bachelet has underscored that balancing “the economic imperatives with the health and human rights imperatives during the COVID-19 pandemic is going to be one of the most delicate, daunting and defining experiences for all leaders and all governments. Their place in history will be decided by how well or how badly they perform over the coming months.”

      Pre-Derogation Measures by States

      As a general rule during health emergencies, states must announce the human rights provisions from which they have decided to relax and inform other nations through the UN secretary-general about their intentions. However, if states decide to extend the duration or geographical coverage where the derogation of rights takes place, they must issue additional notifications.

      Similarly, there is a need for immediately notifying officials in case of the termination of derogation. Pragmatically speaking, emergency measures can only restrict other human rights according to the “extent strictly required under the exigencies of the situation.” This must be as outlined in the General Comment No. 29 under Article 4 of the ICCPR.

      These steps consider the duration, location and scope of measures imposed during a state of emergency. However, countries must ensure that enforced measures are necessary, legitimate, non-discriminatory and proportionate to the emergency situation. These steps were incorporated in the Guidance on Emergency Measures and COVID-19 issued by UN High Commissioner for Human Rights on April 27.

      Derogation Under Regional Human Rights Frameworks

      Guidelines for regional human rights protection (RHRP) are complementary pillars of the IHRL framework to protect and promote human rights. Similar derogation provisions are incorporated in the RHRP framework. For example, Article 15 of the European Convention on Human Rights (ECHR) is based on the draft Article 4 of the UN Draft Covenant on Human Rights, which later became Article 4 of the ICCPR and Article 27 (1) of the American Convention on Human Rights (ACHR).

      But the protocol of derogation cannot be used if a state is simply unable to guarantee the fulfillment of human rights under the ECHR, the ACHR and the RHRP. In other words, a country cannot hide behind the option of relaxing human rights policies under exceptional circumstances if it is unable to even uphold them during normal times. On the contrary, a state is obliged to announce the measures taken that might involve the relaxation of its requirements under the RHRP.

      Yet in March and April, several European countries notified the secretary-general of the Council of Europe about their plan to derogate from their human rights obligations as per the ECHR. Despite this, they had to resort to emergency powers within the IHRL framework while responding to a health emergency like COVID-19. In addition, emergency powers must be temporary, with a vision of restoring normalcy at the earliest.

      Second Wave?

      It is evident that there is no clarity about the number of governments complying with the requirements of the derogation protocol under the ICCPR while dealing with the pandemic. There is every chance that the novel coronavirus will soon result in a second wave and once again derail life as we know it. This would lead to repeated lockdowns, and human rights would be part of the conversation.

      It is clear that states have to be on their toes to fulfill their IHRL obligations. During this crisis, governments must avoid instances of sidestepping their human rights requirements. Such violations must be probed and the culprits brought to justice.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      China Continues Its Persecution of Uighur Muslims

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      The coronavirus pandemic has laid bare the shortcomings of the capitalist and institutionally racist systems that govern our world, but its precedence in the media has drawn attention away from human rights abuses that continue to take place. Worse still, the global lockdowns caused by the public health crisis have been relentlessly exploited by various […] More

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      China says it will 'resolutely hit back' at US over sanctions law on Uighur abuses

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      Washington legislation allows US to freeze assets of Chinese officials it deems responsible for arbitrary detentions in Xinjiang region Uighur security personnel patrol near the Id Kah Mosque in Kashgar in western China’s Xinjiang region. China has threatened to retaliate against the US’s new Uighur human rights law. Photograph: Ng Han Guan/AP Beijing has criticised […] More