Cluster Munitions and Arms Projects (2005)
Students Erica Gaston and Y-vonne Hutchinson worked with Clinical Instructor Bonnie Docherty on a briefing paper on cluster munitions for
Human Rights Watch. Cluster munitions, used heavily in Iraq, endanger
civilians both during and after a conflict. The paper consisted
of a legal analysis of state practices regarding these deadly weapons, and international humanitarian law. In November 2005, the team traveled to Geneva
to attend the meeting of states parties to the Convention on Conventional Weapons.
Docherty read a statement prepared by one of the students, and the
team did extensive advocacy urging states to begin negotiations on a protocol to regulate these deadly weapons. The final version of the paper is available
at: http://hrw.org/backgrounder/arms/arms1105/.
Stateless Persons Project (2005)
During Fall 2005, the International Human Rights Clinic provided research for Refugees International
on the issue of stateless persons and the
legal distinction between “citizenship” and “nationality.” Students conducted comparative research and examined the terms, their legal
definitions, and whether or not usage of the terms has an impact of the rights of stateless persons.
ATCA Litigation (2004-2005)
Over the last decade, victims of human rights abuses have brought a series of
Alien Tort Claims Act (ATCA) cases against corporations to
hold them accountable for their roles in violations. For example, the Nigerian military and security personnel, using Chevron equipment
and working for the company, opened fire on civilians in two separate incidents in the late 1990s. Some civilians were killed, and others were
injured. These abuses led to the filing of Bowoto v. Chevron, which is currently pending in San Francisco. The Bowoto case is part of a broader
campaign to increase corporate accountability standards internationally, and
Harvard Law Student Advocates for Human Rights
worked on several ongoing cases involving corporations
and human rights.
Harvard Law Student Advocates for Human Rights produced a legal memorandum for the plaintiffs in the Bowoto case about
international liability norms. In addition,
Harvard Law Student Advocates for Human Rights
supported the litigation surrounding Wiwa v. Royal-Dutch Petroleum, which resulted from the execution of Ken Saro-Wiwa and others in Nigeria.
Finally,
Harvard Law Student Advocates for Human Rights assisted the Center for Constitutional Rights
and EarthRights International on an amicus curiae
brief in the Agent Orange
product liability litigation against Dow and other chemical companies, for their alleged involvement in human rights abuses that resulted from the
use of chemical.
HIV and TB (2004-2005)
Governments around the world have signed a series of declarations publicly committing themselves to alleviate the unnecessary
death and disability caused by infectious diseases such as HIV/AIDS and tuberculosis (TB). TB and HIV/AIDS are the two leading causes
of adult morbidity and mortality worldwide. Though TB is curable, each year there are an estimated 8.5 million
new infections, and nearly two million lives are lost. The global incidence of TB, including deadly drug-resistant strains, is growing. TB is the
leading cause of death among AIDS patients, and many countries are confronting crippling outbreaks of HIV-fuelled TB.
New accountability mechanisms are necessary to ensure that the fight against HIV and TB goes beyond the rhetorical level; that governments not only pledge
to ensure their citizens equal access to the highest attainable standard of health care, but live up to that pledge.
Harvard Law Student Advocates for Human Rights are working with
Public
Health Watch to pilot an accountability framework assessing compliance with international commitments to address the global pandemics of TB and HIV.
Ultimately, these reporting efforts will culminate in a national and international advocacy strategy for increased compliance with global TB/HIV commitments.
Human Trafficking (2004-2005)
Hundreds of thousands of women and children are forcibly moved across borders (“trafficked”) for such purposes as prostitution and forced labor.
Immigration attorneys in the United States, United Kingdom, Canada, Australia, and New Zealand are beginning to seek asylum for some of these women
and children on the grounds that they have been trafficked. They also are exploring alternative means to enable their clients to remain in their host
country, such as applications for special visas intended for victims of trafficking.
Harvard Law Student Advocates for Human Rights has been working with
the Harvard Immigration and Refugee Clinic to examine the
treatment of victims of human trafficking in refugee and
asylum proceedings. The research focused on a range of jurisdictions as well as evaluated the jurisprudence of a representative sampling of inter-governmental
bodies, such as the United Nations and the European Union. The goal of the project was to compile a set of multimedia resources, including a final report and an
interactive website, in order to conduct a comparative analysis of the jurisprudence governing the resolution of asylum claims for victims of human trafficking,
and to assist attorneys advocating on behalf of trafficking victims in the United States, in order to increase their likelihood of obtaining asylum.