Student Newsletter: May 2024

IHRP Working Group Students and IHRP Staff at End-of-year Thank you Lunch on April 3, 2024

Contents


Message from our Acting Director


Clinic Projects


  • Lawsuit Against Canadian Government to Stop Arms Exports to Israel



  • Report on Canada's Obligations in Respect of Climate Change


  • CORE Complaint Against a Canadian Company for Alleged Human Rights Abuses in Namibia


  • IHRP at UNPFII in New York 


Events Recap


  • Gathering Evidence of Atrocities Remotely with TJ Adhihetty   


  • IHRP at LAWS International Law Conference


  • Silenced Voices: Gender Persecution and Women's Rights


  • Gender Apartheid in Afghanistan


  • IHRP Meets with UN Special Rapporteur on the Rights to Water and Sanitation  


Rights Review


Fellowships

Message from our Acting Director


With another academic year over, I reflect with pride upon our students' accomplishments in the field of international human rights throughout the year. As Acting Director, it’s a pleasure to see how much the Program has benefited not just U of T law students, but civil society at large, since its relaunch last fall.

Photo Credit: Andy Nguyen

In this newsletter, we are pleased to report on selected updates from the past semester, including developments on clinic projects, collaborative engagements with other civil society organizations, and our in-house events. In March, the IHRP Clinic announced its collaboration with valued partners in support of a lawsuit against the Canadian government to stop arms exports to Israel. In early April, the IHRP also announced the filing of a complaint with the Canadian Ombudsperson for Responsible Enterprise (CORE) at a press conference in Ottawa, regarding allegations of human rights violations by a Canadian oil and gas company operating in Namibia. Additionally, IHRP students who have been working with Indigenous community partners to challenge a transnational pipeline had the unique opportunity to attend the UN Permanent Forum on Indigenous Issues (UNPFII) in New York.

 

This summer, we are excited to continue our work with 3 fellows joining us in-house, and 4 more fellows placed with external organizations. I look forward to sharing more about their work and our upcoming initiatives soon. 

 

Seeing the meaningful impact this Program had over just one term, I am grateful to each student volunteer who dedicated their time to furthering international human rights in Canada and beyond. I wish you all the best with your summer pursuits, and I look forward to welcoming returning students back in the fall. To our graduating IHRP student volunteers, we are proud of you, and hope to see your continued engagement in this field wherever your careers lead you. You are now part of a community of remarkable IHRP alumni whose achievements continue to inspire the next generation of international human rights lawyers.


James Yap

Acting Director, IHRP 

Clinic Projects

Lawsuit Against Canadian Government

to Stop Arms Exports to Israel


On March 5, we announced that IHRP clinic students are working on a project to provide legal research in support of a new court challenge seeking to uphold Canada’s international human rights law (and domestic law) obligations by ordering a complete stop to Canadian arms exports to Israel. Under Canada’s Export and Import Permits Act, the government is prohibited from issuing a permit to export arms if there is a “substantial risk” those arms could be used to commit or facilitate serious violations of international human rights law or international humanitarian law. Although Parliament has since passed a motion also calling on the government to end arms exports to Israel, that motion is non-binding, limited in scope, and subject to different interpretations, as is the government’s subsequent statement that it would abide by it.

 

The IHRP is proud to be involved in bringing forward this important claim, which raises unique legal issues with respect to the application of international human rights norms in Canadian courts, and has the potential to be a landmark case in this regard.

Report on Canada's Obligations in Respect of Climate Change

Late March, the IHRP and Greenpeace Canada made a joint written submission to the International Court of Justice for its Advisory Opinion on the Obligations of States in Respect of Climate Change. The submission focuses on Canada’s international human rights obligations as they relate to the impacts of climate change. Among other things, IHRP and Greenpeace Canada argue that Canada’s support, promotion, and subsidization of fossil fuel companies threatens and adversely affects a wide range of human rights, including Indigenous rights, and has caused significant harm to the climate system, thus constituting a failure to comply with the country’s international obligations.

CORE Complaint Against Canadian Company for Alleged Human Rights Abuses in Namibia 

Alongside Namibian civil society consortium Saving Okavango's Unique Life (SOUL), the IHRP filed a complaint with the Canadian Ombudsperson for Responsible Enterprise (CORE) against Calgary-based oil and gas company Reconnaissance Energy Africa Ltd. (ReconAfrica), regarding alleged human rights abuses from its operations in Namibia.    


On April 9, the IHRP and SOUL held a press conference in Ottawa, with the support of Above Ground, to announce the filling of the CORE complaint. Presenting at the press conference were James Yap (Acting Director), Nabila Khan (Research Associate), IHRP Clinic course students, Pamela Álvarez and Erica Fox, and SOUL members, Max Muyemburuko and Thomas Muronga (attending remotely from Namibia). Erica’s articulation of the devastating harms on the ground was quoted in the Calgary Herald, and she later described her work in this project as “the most rewarding and challenging experience of [her] time in law school and an unrivalled opportunity to learn from highly skilled human rights lawyers. ” 


Watch the recording of the press conference and see our news post for a copy of the Complaint and more. 

IHRP Staff and Clinic Students at the Press Conference in Ottawa on April 9, 2024 

Photo Credit: Georgina Alonso 

IHRP at the UN Permanent Forum on Indigenous Issues (UNPFII) in New York


In April, IHRP Clinic students and staff attended the UNPFII at the UN Headquarters in New York to support the advocacy work of community partner Bay Mills Indian Community in its campaign against Enbridge's Line 5 pipeline. Students got to meet with United Nations officials and Indigenous leaders (including project partner Whitney Gravelle, President of Bay Mills Indian Community), and observe the UN system in action.



On the last day of the UNPFII, the IHRP joined a collective call on US and Canadian governments to decommission Line 5. James stated: "Line 5 was originally designed to last 50 years. It has now been operating for almost 70. This is tempting fate and placing Indigenous communities at an unacceptably high risk — the pipeline needs to be decommissioned now before it’s too late.” Read more in the Center for International Environmental Law’s news post.


Challenging the impact of the transnational Line 5 Pipeline is one of our current Clinic projects. Stay tuned for a forthcoming update on where our students work will lead this year. 

 

A special thanks to Canadian Ambassador to the UN, and University of Toronto Faculty of Law alumnus, Bob Rae, for hosting us at the Permanent Mission of Canada to the UN in New York and sharing with students his thoughts on topics and careers in international human rights law.

IHRP Staff and Students at UNPFII with Project Partner, Whitney Gravelle (1st photo - center), and Bob Rae (2nd photo - center left) 

Events Recap

Gathering Evidence of Atrocities Remotely

with TJ Adhihetty 

 

In February, IHRP students and staff gathered for a virtual discussion on gathering evidence of atrocities remotely with TJ Adhihetty, former Legal Adviser for the UN Independent International Commission of Inquiry on Ukraine (Ukraine COI). TJ discussed his experience collecting evidence as part of the Ukraine COI and covered topics including open-source investigations, remote interviewing, and best practices for documenting international crimes and human rights violations. This informative session was particularly useful for our working group and clinic students whose projects involve gathering evidence of atrocities occurring abroad while in Canada. 

IHRP at LAWS International Law Conference 

IHRP Students Engaging in a Jeopardy-style Panel at LAWS International Law Conference on March 1, 2024

Student panelists right to left: Sarah Farb, Samantha Misner, Emily Hean, Ariella Nikita Layono, and Foti Vito

On March 1, IHRP clinic course students, past fellows, and working group members shared their stories and international experiences with grade 12 students through an engaging Jeopardy-style panel, which was followed by IHRP Acting Director, James Yap, delivering a compelling keynote address.


James took the audience behind the scenes of the Supreme Court of Canada’s landmark decision in Nevsun Resources Ltd. v. Araya. As counsel for the plaintiffs, James described the process of developing the case over almost a decade, through gathering witness evidence at refugee camps in various countries and ultimately appearing before the Supreme Court of Canada with the plaintiffs looking on in person. The decision led to a ground-breaking precedent for holding multinational companies accountable in Canada.



James also shared personal stories and legal insights to inspire high school students to follow their passions to achieve the best possible version of what they can accomplish, regardless of personal or monetary obstacles. For those considering law school, James encouraged them “to think about the limits of what can be possible with the law with just a little bit of creativity, vision and determination.” 

Silenced Voices: Gender Persecution and Women’s Rights

March 8th marks International Women’s Day, and this year, the IHRP co-sponsored Massey College’s conference—Silenced Voices: Gender Persecution and Women’s Rights in Afghanistan and Iran. This conference highlighted the ongoing systemic gender discrimination in these nations, which often gets overshadowed in the course of rapidly shifting global events. It featured the voices of women leaders, academics, government representatives, and legal practitioners devoted to advocating for women’s rights and equality. Notably, this provided a platform for meaningful discussions about the prospects of drawing upon international human rights legal mechanisms to improve means of accountability for gender persecution and apartheid.


You can watch these riveting discussions in the recording linked below.

Panel Discussion IV: International Response and Solidarity and Closing Remarks

IHRP Acting Director, James Yap, Moderating Panel IV: International Response and Solidarity and Closing Remarks

https://www.youtube.com/playlist?list=PLZPXYnb596cZrt2WuLZuFg9ByXDG2RjX7 

Gender Apartheid in Afghanistan: Uncovering Canada’s Obligations with Canada’s Special Representative for Afghanistan, David Sproule

GAA Presenters left to right: Nicholas Slawnych, Annie Chang, Jaerin Kim, Yasmin Rajwani, Cassie Heward, and Manreet Brar 

On March 28, the IHRP Gender Apartheid in Afghanistan Working Group (GAA) student volunteers delivered an excellent presentation and insightful recommendations to Canada’s Special Representative for Afghanistan, David Sproule, which left Mr. Sproule and his team actively engaged in discussion about their recommendations. Among those in attendance were law students, academics, professors, and a former judge in Afghanistan who was forced to flee following the Taliban takeover in 2021.   


The IHRP team is grateful for the steadfast support of our project partner Ghizal Haress (U of T Scholar-at-risk) in supporting our students' research and report drafting throughout this academic term. The IHRP will continue the excellent work of GAA this summer to incorporate Mr. Sproule’s feedback and publish their report. Stay tuned. 

Project Partner, Ghizal Haress (left) and Audience at IHRP's Gender Apartheid in Afghanistan Working Group Event on March 28, 2024

IHRP Meets with UN Special Rapporteur on the Rights to Water and Sanitation


On April 11, IHRP staff met with the UN Special Rapporteur on the rights to water and sanitation, Mr. Pedro Arrojo-Agudo, to discuss the egregious lack of access to water and sanitation that Indigenous peoples still face in Canada today. The discussion engaged Indigenous individuals living in communities and reserves across Ontario, as well as academics and representatives from various civil society organizations. We expect to see a UN report covering the Special Rapporteur's visit to Canada this coming fall.

James Yap (second from right) and Other Civil Society Advocates at the Meeting with Mr. Pedro Arrojo-Agudo (center right) at Amnesty International Canada’s Toronto Office on April 11, 2024 

Photo Credit: @AmnestyCanada 

Rights Review

Check out your colleagues’ publications in the last issue of this academic yearIssue 5 of Volume 17:





Fellowships

We are excited to announce this year’s successful IHRP fellowship applicants: 


  • Yasmin Rajwani: placed with the Human Rights Liaison Unit at the UNHCR (Geneva, Switzerland); 


  • Julia Ford: supporting the development and client outreach work of the Canada-US Border Rights Clinic (Remote); 


  • Kabir Singh Dhillon: expanding the law reform work of the Migrant Workers Centre to incorporate international human rights law research (Vancouver); 


  • Emma Tang: engaging in ALPHA Education’s research addressing racism and discrimination in undermining justice and peace in Asia (Toronto); and 


  • Jaerin Kim, Rebecca Dragusin, and Ostara McDonald: working in-house with the IHRP (Toronto). 

 

Our next newsletter will feature their work. Stay tuned.  


To all who applied but did not receive a fellowship grant, we regret we unable to offer you a fellowship this summer, but please know we appreciate each and every one of you for your efforts and hope to see your continued engagement through the IHRP’s many other initiatives in the coming academic year.