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17 May 2013
On 16 May 2013, legislation passed the Australian Senate to excise the entire Australian mainland from the migration zone. All asylum seekers who arrive anywhere in Australia by boat are now eligible to be sent to Nauru or Papua New Guinea for ‘regional processing’.
With the United Nations High Commissioner for Refugees issuing scratching reports on the processing centers on Nauru and Papua New Guinea, there was a failed attempt by the Greens, an opposition party in the Australian Parliament, to strike down the legislation.
The Australian Government, which is dealing with an increasing number of boats arrivals, says the legislation is a deterrence measure. The idea was one of 25 recommendations that was put forward by an expert panel on asylum seekers and introduced to the Parliament by the Government last year.
Source: ABC News | Parliament excises mainland from migration zone
15 May 2013
The SHARES Project closely follows and collects news items that are linked to the topic of shared responsibility. This is our News Items Overview of 1-15 May 2013, consisting of a summary of recent news relating to shared responsibility. (more…)
8 May 2013
On 5 May, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, allowing for individual complaints to be brought to the Committee on Economic, Social and Cultural Rights entered into force. The entry into force took place more than four years after the adoption of the Protocol and three months after Uruguay became the required tenth country to ratify it, joining Argentina, Bolivia, Bosnia and Herzegovina, Ecuador, El Salvador, Mongolia, Portugal, Slovakia and Spain. The entry into force of the Protocol has been hailed for its potential to increase the justiciable character of economic, social and cultural rights and placing them on an equal footing with civil and political rights. The UN High Commissioner for Human Rights Navi Pillay stated: “With the entry into force of the Optional Protocol, a jurisprudence will now be developed that will help define the scope of application of economic, social and cultural rights and outline adequate remedies for victims.” Of special interest will be the Committee’s future findings with regard to the extraterritorial applicability of the Covenant. Unlike many other human rights treaties, it does not contain a jurisdiction clause and the treaty places a strong emphasis on the role of international cooperation.
For some background on this topic, see here.
Source: OHCHR | News | Pillay welcomes major breakthrough enabling individual complaints on economic, social and cultural rights
Source: UNOG | News | Pillay hails new step in protection of Economic, Social and Cultural Rights
7 May 2013
On Friday 3 May, and Sunday 5 May, the Israeli air force has carried out two strikes in Syria. While Israel has refused to comment on the strikes, an Israeli official has pointed out that both strikes were directed against shipments of Fateh-110 missiles (Iranian made missiles) that were allegedly shipped to Hezbollah in Lebanon. The strikes have prompted strong reactions both from Syria and from Iran. Syria in particular, alleged that the Israeli attacks amount to a declaration of war.
Source: The Guardian | Syria accuses Israel of declaring war after further air strikes
Source: AP The Big Story | Israeli airstrikes on Syria prompt threats, anger
Source: The New York Times | Syria Blames Israel for Fiery Attack in Damascus
Source: The New York Times | Airstrikes Tied to Israel May Be Message to Iranians
6 May 2013
On 22 March, the Versailles Court of Appeal ruled that international humanitarian law does not create direct obligations for a private company involved in a tramway building project in Jerusalem. The lawsuit was initiated in 2007 against the French company Alstom for violations of international law on the basis that the company provided equipment for a tramway building project in Jerusalem, supervised by the State of Israel. Alstom signed a concession contract with Israel. The Court considered that the Fourth Geneva Convention 1949, Additional Protocol 1 to Geneva Conventions, the Hague regulations and the Hague Convention do not create direct obligations that may be placed upon private companies. The Court also held that, supposing that the Israel’s litigious concession contract constituted a violation of international law, this violation would not invalidate the contract (because the contract is governed by Israeli law and not by the French Civil Code).
Source: Cour D'appel de Versailles | Association France-Palestine Solidarite “AFPS” C/ Societe Alstom Transport SA | Code nac: 59A | 3ème chambre | R.G. N° 11/05331 | 22 Mars 2013 (in French)
Source: Rights as Usual | Backtracking on Responsibility: French Court Absolves Veolia for Unlawful Railway Construction in Occupied Territory