Addressing the situation of women’s rights in Cambodia

Presented by Ioana-Sorina Alexa and Olimpia Guidi

Education emerges as a crucial factor in addressing this disparity. The Cambodian Women’s Leadership Institute, established in 2009, offers training programs to enhance women’s leadership skills and political knowledge . viii

However, progress is slow due to various barriers. Socio-cultural norms and patriarchal attitudes often discourage women from entering politics . Limited access to education, particularly in rural areas where gender disparities in literacy rates persist, further impedes women’s political engagement . xi

In Cambodia, women’s involvement in activities promoting and protecting human rights is notable, with numerous grassroots initiatives led by women making significant impacts. One such example is the Cambodian Women’s Crisis Center (CWCC), which has been at the forefront of advocating for women’s rights and combating gender-based violence since its establishment in 1997. xxx

Cambodia ranks 41st out of 146 countries for women’s ownership or management of small and medium-sized enterprises (SMEs), indicating a relatively high rate of female participation in entrepreneurship compared to other nations. xxxv

One such measure is the establishment of gender-sensitive legal frameworks and policies that prioritize women’s rights and address gender-based discrimination . For example, the Law on the Prevention of Domestic Violence and Protection of Victims, enacted in 2005, provides legal protections for survivors of domestic violence and mandates the establishment of shelters and support services. xlv

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30A-CalI-for-inputs-Womens-Rights-Cambodia

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References

viii Chea, P. (2021). Underrepresentation of Cambodian Women in Politics and Leadership Roles. Available at: https://scholarworks.seattleu.edu/alfie-conferences/2021junior/presentations/4/

xi Johnston, M., Kelly, R.C., Eichler, R. (2023). Brazil’s Economy: GDP vs. GDP per capita.

Available at: https://www.investopedia.com/articles/investing/050815/fundamentals-how-brazil-makes-its-money.asp

Tuy, S. (2019). Discrimination against women in accessing higher education in Cambodia. JSEAHR, 3, 101. Available at: https://heinonline.org/HOL/LandingPage?handle=hein.journals/jseahr3&div=11&id=&page=

xxx Weaner, J. (2008). The Cambodian Women’s Crisis Center: safety, shelter, training… and then. McMaster School For Advancing Humanity, 7, 7. Available at: https://copyright.defiance.edu/mcmaster/documents/journal-2008-16-womens-crisis-center.pdf

Available at: https://www.ingentaconnect.com/content/cuny/cp/2013/00000046/00000001/art00004

xxxv The Phnom Penh Post (2023). Cambodia advances women’s roles, aims for 2030, 2050 goals Retrieved from: https://www.phnompenhpost.com/national/cambodia-advances-women-s-roles-aims-for-2030-2050-goals

xlv Brickell, K. (2016). Gendered violences and rule of/by law in Cambodia. Dialogues in Human Geography, 6(2), 182-185. Available at:https://journals.sagepub.com/doi/full/10.1177/2043820616655017

Protecting Deceased Individuals and Their Remains

Presented by Alexia Kapsampeli

International humanitarian law has established important principles about dead and missing in armed conflict. These principles protecting dead persons are based on fundamental human values.
The requirements that the dead be treated with respect and dignity existed long before there were any attempts to identify and codify the legislation.¹ In Homer’s Iliad, horror and concern about the dead becoming “prey to dogs and vultures” exist.² According to the Greek Heroic Age standards, when Homer wrote the Iliad, “it is recognised custom for the victor after stripping his dead enemy to throw the body to the dogs and vultures”.³ Similarly, in the Classical period, Sophocles’ Antigone discusses the treatment of Polynice’s dead body. ⁴ As the first Professor of Anthropology at the University of Oxford, Edward B. Tylor, emphasised in his book “Primitive Culture, ii”: “In classic antiquity… it was the most sacred of duties to give the body its funeral rites”.⁵

The government of Israel claims that the Geneva Conventions do not apply to the occupied Palestinian territories. However, human rights law is still applied even in an armed conflict, as a part of international humanitarian law, according to the International Court of Justice and the United Nations Human Rights Committee 19. As for Hamas, it is not a party to the international conventions, but the customary rules of international humanitarian law apply to all parties in an armed conflict. On the other hand, Israel’s actions in the Occupied Palestinian Territories are limited by international humanitarian law and by the customary rules of human rights law.

In a July 2020 report, the United Nations rapporteur on human rights, Michael Lynk, of withholding bodies of killed Palestinians. According to the report, “UN Secretary Ban Ki-Moon observed in 2016 that the withholding of bodies amounts to collective punishment and is also inconsistent with Israel’s obligations as an occupying power under the Fourth Geneva Convention”. It is said collective punishment is a tool of control and domination that is antithetical to the modern rule of law and prohibited by all legal systems across the globe.¹³

18A-Input_for_report_on_protection_of_dead_persons

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Featured Image “Jerusalem, located on a plateau in the Judean Mountains between the Mediterranean and the Dead Sea, is one of the oldest cities in the world. ” by Northern Adventures on Flickr.

¹ Last Rights The Dead, the Missing and the Bereaved at Europe’s International Borders 2 Proposal for a Statement of the International legal obligations of States May 2017 https://www.ohchr.org/sites/default/files/Documents/Issues/Migration/36_42/TheLastRightsProject.pdf Last accessed on January 17, 2024
² Hrvoje Cvijanović “Death and the City: Political corpses and the specters of Antigone” University of Zagreb, 2019, https://hrcak.srce.hr/file/336271 Last accessed on January 19, 2024
³ Basset Samuel Elliot “Achilles’ Treatment of Hector’s Body” Transactions and Proceedings of the American Philological Association, p 41-65, 1933
⁴ Hrvoje Cvijanović “Death and the City: Political corpses and the specters of Antigone” University of Zagreb, 2019, https://hrcak.srce.hr/file/336271 Last accessed on January 19, 2024
⁵ Frank Tarbell “Greek Ideas as to the Effect of Burial on the Future of the Soul” Transactions of the American Philological Association (1869-1896) Vol 15, pp (36-45) https://www.jstor.org/stable/2935798?seq=1 Last accessed on January 19, 2024

¹³ Report of the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, https://www.ohchr.org/sites/default/files/HRBodies/HRC/RegularSessions/Session44/Documents/A_HRC_44_60.pdf, 2020, Last accessed on January 21, 2024

Educational Challenges in Iran

Written by Uzair Ahmad Saleem

Photo by sina drakhshani on Unsplash

Iran has a rich cultural heritage and a long history of educational excellence, dating back to ancient times when it was known as Persia. However, the country is currently confronted with various issues in the education sector that jeopardise its ability to provide high-quality education to its citizens.

Around 7 million children lack access to education, and an estimated 25 million illiterates are in Iran.

Poverty

Education is considered compulsory in Iran for children aged 6 to 11. However, access to education remains a significant barrier in Iran, particularly for pupils from low-income families.

One of the main barriers to education is poverty, particularly in rural areas, where access to schools, qualified teachers, and transportation is limited.

Over the past three years, fewer students have been attending college. According to Iranian state media, this decrease is due to poverty, the absence of free education, and the lack of government support for college students. The total number of college students fell from 4,811,581 in the academic year 2014–2015 to 3,616,114 in the academic year 2017–2018.

Gender inequality

Additionally, Iran’s educational system still struggles with gender inequality. Girls are still underrepresented in higher education, despite the fact that their enrolment in primary and secondary education has increased dramatically over the previous few decades.

According to the World Bank, the literacy rate for adult girls in Iran is 85%, compared to 92% for adult boys. Many families still prioritise early marriage over their daughters’ education.

Because of this, female students encounter substantial obstacles while wanting to pursue education beyond the first grade, and gender segregation in schools restricts their ability to pursue further education.

Monetary issues

Another threat to Iran’s educational system is a lack of capital, which leads to a dearth of trained teachers, inadequate facilities, and antiquated equipment.

Many educational facilities are subpar and unsafe, with a scarcity of teaching areas. In fact, one-third of Iran’s schools are so flimsy that they must be demolished and rebuilt.

The city council chair in Tehran, Ray and Tajrish, Mohsen Hashemi, said that “700 schools in Tehran will be destroyed in case of a severe storm, let alone earthquake.”

Despite the government’s efforts to enhance educational investment, Iran’s educational expenditure remains low compared to other countries in the region.

According to the World Bank, Iran’s education expenditure as a percentage of GDP was 3.6% in 2020, much lower than the average education expenditure in other upper-middle-income nations.

While Iranian Constitution states, “The government is obliged to provide free elementary and high school education for all members of the nation and facilitate free higher education for all until the country is self-sufficient.” In contrast, Rouhani has ordered to shut down many schools in rural communities and to cut down the budget in the past few years.

An assistant professor at Allameh University stated that Iran’s percentage allocation of money to education is much less than the United Nations’ recommendation.

In addition, the school system cannot keep up with technological improvements due to a lack of resources. The lack of technology investment has led to outmoded equipment and a lack of teacher training, which has limited the use of technology in education and hampered Iranian students’ acquisition of digital skills.

Digital Inequality

Adding on, digital inequality is a problem that students have faced in recent years. A 2017 survey showed that 28% of Iranians had no internet access or only minimal internet access. While those with internet access, 80% of the users lived in cities and only 20% in rural areas.

During the coronavirus pandemic in 2019, when online learning was prioritised in Iran to reduce the virus’s spread, a considerable number of students dropped out. This was due to their inability to buy an internet connection and limited internet access in their area.

Political interference

Additionally, in Iran, the educational system is greatly influenced by the government, which has resulted in the politicisation of education and the promotion of a specific ideology.

The Iranian government strictly controls the curriculum, textbooks, and instructional materials used in schools and universities. School curricula are frequently linked with the government’s political and religious ideas, emphasising promoting Islamic values and the government’s version of Iranian culture and history.

The Iranian government’s influence on the educational system extends beyond classroom content.

It also affects the hiring and firing of teachers and university professors and the appointment of administrators. This can result in discriminatory hiring practices and the exclusion of individuals who do not align with the government’s ideologies, limiting the educational system’s diversity of perspectives and ideas.

Moreover, the Iranian government actively monitors and controls academic research, publications, and activities within the educational institutions.

Scholars, educators, and students who express opposing viewpoints or engage in critical thinking undermining the government’s narratives face restriction, intimidation, and even persecution. This generates fear and self-censorship among educators and students, restricting academic independence and the sharing of varied ideas and opinions.

As a result, the politics of education in Iran may impair students’ ability to think critically, question, and consider alternate points of view. It can limit their exposure to different points of view, limit their academic independence, and hinder their capacity to acquire critical thinking abilities, which are necessary for personal growth, societal progress, and fostering an open and inclusive intellectual environment.

Depletion of talent Finally, brain drain is another educational challenge that Iran is currently confronting. Many talented and educated Iranians are fleeing the nation for better career prospects and higher pay.

According to the IMF, which studied 61 nations, Iran has the highest rate of brain drain, with 150,000 educated Iranians leaving their native country each year. The annual economic loss from brain drain is estimated at $50 billion or higher.

This brain drain deprives the country of its brightest minds, reducing the country’s potential for economic growth and progress.

Addressing these challenges requires significant reforms and investment in the education system.

The Iranian government must prioritise education by boosting funding in schools and universities, hiring and training qualified teachers, and upgrading curricula to emphasise critical thinking, problem-solving, and creativity.

Furthermore, the government must address educational challenges experienced by female students, particularly in rural regions, and promote gender equality in education.

Conclusion

Investing in technology is also essential for developing Iran’s educational system. The government must offer the most up-to-date technology to schools and institutions and invest in training teachers to use it successfully in the classroom. This will not only help students build digital abilities, but it will also prepare them for the demands of the twenty-first-century labour market.

By doing so, Iran can overcome these challenges and build a more prosperous and successful future.

featured image by David Pennington via Unsplash

References.

https://www.britannica.com/place/Iran/Education

https://data.worldbank.org/indicator/SE.ADT.LITR.MA.ZS?locations=IR

https://data.worldbank.org/indicator/SE.XPD.TOTL.GD.ZS?locations=IR

https://iranfocus.com/life-in-iran/33917-the-iranian-education-system-in-tatters-due-to-poverty/

https://iran-hrm.com/2019/09/22/repressive-state-and-low-quality-of-education-in-iran/

https://observers.france24.com/en/20200421-iran-internet-covid19-distance-learning-poverty

http://www.us-iran.org/resources/2016/10/10/education

https://shelbycearley.files.wordpress.com/2010/06/iran-education.pdf

Flipino migrant’s contributions

Presented by Alexia Kapsampeli, Ariel Ozdemir, Mila Gürün, Olimpia Guidi, Sarah Kuipers

Filipino migrants and their families contribute significantly to socio-cultural interactions through education. For example, in countries like the United States and Canada, Filipino community organisations collaborate with local schools to introduce Filipino culture through language classes, dance workshops, and cultural celebrations.1 In California, the “Filipino Cultural School” offers language courses and cultural immersion programs to both Filipino-American children and other students interested in learning about Filipino heritage.2

Educators also play a crucial role in promoting cultural exchange. In Qatar, Filipino teachers in international schools integrate Filipino literature and history into the curriculum, fostering greater understanding and appreciation among students from diverse backgrounds.3

Civic-Political Engagements:

Filipino migrant families actively engage in civic and political activities to contribute positively to their host societies. For instance, in Italy, Filipino migrant organisations collaborate with local authorities to organise cultural festivals and community events, promoting cross-cultural understanding and integration.4 One such event is the “Barrio Fiesta,” where Filipino migrants showcase their traditions, cuisine, and performing arts to the broader community.5 Moreover, Filipino migrant families participate in grassroots initiatives to address social issues and advocate for their rights.6 In Hong Kong, Filipino domestic workers organise workshops and support groups to raise awareness about labour rights and combat discrimination.7

Economic Contributions:

Filipino migrants make significant contributions to the labour market of their host countries, driving economic growth and innovation. For example, in the healthcare sector of the United Kingdom, Filipino nurses are valued for their professionalism, compassion, and expertise.8 Their dedication and hard work alleviate staffing shortages and enhance the quality of patient care in hospitals and nursing homes.9

Furthermore, Filipino migrant workers in the Middle East, particularly in countries like Saudi Arabia and the United Arab Emirates, contribute to various industries such as construction, hospitality, and information technology.10 Their skills and expertise fill critical gaps in the labour market, supporting infrastructure development and economic diversification efforts.11

25A_Contribution_to_UN_HRC_report_2024

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Featured Image by Jean Martinelle from Pixabay

1 Blancaflor, S., Escobar, A. (2018). Filipino Cultural Schools Helps Bridge Filipino Americans and their Heritage. Available at: https://www.nbcnews.com/news/asian-america/filipino-cultural-schools-help-bridge-filipino-americans-their-heritage-n924381

2 Ibid.

3 Del Rosario,K.A., Inero Valbuena, A. (2020). Unfolding of Filipino School Leadership Experiences in Doha, Qatar. Asian Journal of University Education, 16(1), pp.97-108. Available at: https://eric.ed.gov/?id=EJ1252260

4 Magante, M. C. (2020). The determinants of migration: Italian regional factors and the relationship with Filipino migrant labour supply. World Journal of Applied Economics, 6(1), 21-39.

5 Republic of the Philippines. (2017). PHL Embassy Promotes Phl Culture, Tourism in Huge ‘Barrio Fiesta‘ in Rome. Available at:https://dfa.gov.ph/dfa-news/news-from-our-foreign-service-postsupdate/12618-phl-embassy-promotes-phl-culture-tourism-in-huge-barrio-fiesta-in-rome

6 Yonaha, Y. (2024). Negotiating Leisure Constraints in the Pandemic: The Case of Migrant Domestic Workers in Hong Kong. Int J Sociol Leis. Available at: https://doi.org/10.1007/s41978-024-00150-8

7 Ibid.

8 Smith, D. M., & Gillin, N. (2021). Filipino nurse migration to the UK: understanding migration choices from an ontological security-seeking perspective. Social Science & Medicine, 276, 113881. Available at: https://www.sciencedirect.com/science/article/abs/pii/S0277953621002136

9 Ibid.

10 Magliveras, S., & Al Qurtuby, S. (2023). Connecting worlds: Filipino and Indonesian sojourns to Saudi Arabia. Asian and Pacific Migration Journal, 32(3), 549-571. Available at: https://doi.org/10.1177/01171968231211075

11 Ibid.

Solutions to promote digital education and prevent online threats

Presented by: Olimpia Guidi

The COVID-19 pandemic has exposed significant challenges for young Filipinos adapting to digital education. The abrupt shift to online learning, driven by social distancing measures, revealed inequalities in access, particularly affecting marginalised youth1. Economic disparities contribute to obstacles in acquiring essential devices and stable internet connections, intensifying the existing digital divide2. This transition disrupted traditional learning methods, emphasising the immediate need for inclusive strategies to cater to diverse student needs3. Additionally, the absence of face-to-face interaction exacerbates feelings of isolation among vulnerable groups, impeding their overall educational experience4.

Emerging Threats

The convergence of digital education and online threats introduces a multifaceted challenge for Filipino youth. The increased reliance on online platforms exposes young learners to explicit content and potential hacking risks. Insufficient digital literacy programs compound these issues, leaving students ill-prepared to navigate the complex digital landscape securely5. The prevalence of cyber threats has direct implications for the mental health and well-being of young individuals6. Integrating robust cybersecurity measures and comprehensive digital literacy curricula into educational frameworks is crucial to empower students to navigate the digital world safely.

21A_Inputs_for_study_on_the_solutions_to_promote_digital_education_for_young_people_and_to_ensure_their_protection_from_online_threats.docxA_

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Featured Image by Mircea Iancu from Pixabay

1 Tria, J. Z. (2020). The COVID-19 pandemic through the lens of education in the Philippines: The new normal. International Journal of Pedagogical Development and Lifelong Learning, 1(1), 2-4. Available at: https://www.researchgate.net/profile/Jose-Tria/publication/341981898_The_COVID-19_Pandemic_through_the_Lens_of_Education_in_the_Philippines_The_New_Normal/links/5edde90f92851c9c5e8fa962/The-COVID-19-Pandemic-through-the-Lens-of-Education-in-the-Philippines-The-New-Normal.pdf

2 Ibid.

3 Ibid.

4 Ibid.

5 Medina, V. G., & Todd, R. J. (2019). Young people’s digital safety and wellbeing: findings from Philippines and Qatar. In Information Literacy in Everyday Life: 6th European Conference, ECIL 2018, Oulu, Finland, September 24–27, 2018, Revised Selected Papers 6 (pp. 176-187). Springer International Publishing.

6 Ibid.

Interview with Mr Hakan Kaplankaya on the importance of the ECtHR judgement in YÜKSEL YALÇINKAYA v TÜRKİYE

ECHR courtroom - Copyright AP Photo Euronews.com

By Maria Popova

I had an interview with Mr Hakan Kaplankaya. Together, we discussed the ECtHR decision Yuksel Yalcinkaya vs Turkey.

Hakan Kaplankaya is a legal advisor and former Turkish diplomat. His research and consultancy services focus mainly on human rights advocacy and international commercial arbitration. During his tenure at the Ministry, he worked at the NATO Desk. He is also a board member of InstiduDE, Belgium’s research-driven NGO.

  1. Mr Kaplankaya, can you elaborate for us what the judgement is about and its importance?

The Turkish government launched a crackdown on the Gulen Movement (GM), especially after the graft probes in December 2013, which escalated to an annihilation campaign after the failed coup on July 15, 2016. GM was designated as a terrorist organisation, which paved the way to widespread criminal prosecutions for membership in a terrorist group against members, followers, and sympathisers of the movement. Within criminal proceedings, routine activities were treated as evidence of terrorist organisation membership, such as subscribing to a daily, enrolling children in GM-affiliated schools, depositing money in Bankasya, using the Bylock mobile chat application, joining GM-related associations, and participating in religious talks.

Over 600,000 people were prosecuted, with more than 300,000 detained and over 100,000 convicted on terrorism charges. The ECtHR’s judgment is a long-awaited response to this travesty of justice.

Another notable aspect of these persecutions and the judgment is that this judicial practice has risen to crimes against humanity. As fellows of the Institute for Diplomacy and Economy, we drafted a report on this issue two years ago. In various opinions, the UN Working Group on Arbitrary Detention (WGAD) has concluded that the arbitrary detentions faced by numerous Turkish individuals linked to this group since the coup attempt follow a systematic and widespread pattern, possibly amounting to crimes against humanity. The international community should give due consideration and examination to this dimension.

  1. The Grand Chamber judgment in the case highlighted violations of Article 7 (no punishment without law) and Article 6 § 1 (right to a fair trial) of the ECHR. Could you explain how the Court found that the applicant’s conviction, based on the use of the ByLock application, departed from the requirements of national law and was contrary to the object and purpose of Article 7, which aims to provide safeguards against arbitrary prosecution, conviction, and punishment?

The Court observed that the applicant’s conviction for membership in a terrorist organisation was primarily based on his alleged use of the ByLock messaging application, while other evidence, such as his account at Bank Asya and his membership in a trade union and an association, served as corroborative sources. The mere use of the ByLock application, regardless of the content of the messages or the recipients’ identities, was deemed sufficient in domestic law to establish all the elements of the crime of belonging to an armed terrorist organisation.

Interview with Mr Hakan Kaplankaya on the importance of the ECtHR judgement in YÜKSEL YALÇINKAYA v TÜRKİYE App no 15669/20 (ECtHR, 26 September 2023)

The Court acknowledged that the use of the ByLock application could indicate some connection with the Gülen Group but disagreed with the domestic courts’ conclusion, which was merely downloading and using the application pointed out the complete submission to the organisation and its hierarchy. Instead, the Court found that relying on the mere use of ByLock alone to establish the elements of the offence was an unforeseeable and expansive interpretation of anti-terror legislation. This interpretation essentially created an almost automatic presumption of guilt based solely on ByLock usage, making it extremely difficult for the applicant to prove his innocence.

Without examining the presence of ‘knowledge’ and ‘intent,’ which are requirements in the legal definition of the offence under domestic law, the Court observed that objective liability was effectively attached to the use of ByLock. This interpretation by the domestic courts effectively bypassed the essential, particularly mental, element of the offence and treated it as a strict liability offence, thus deviating from the established requirements in domestic law. Consequently, the Court ruled that there had been a violation of Article 7 of the Convention.

  1. The judgment identifies procedural shortcomings in the criminal proceedings against Mr Yalçınkaya, particularly regarding his access to and ability to effectively challenge the ByLock evidence, breaching his right to a fair trial under Article 6. Can you elaborate on the specific failures in the courts’ handling of the ByLock evidence and how these shortcomings undermined the applicant’s opportunity to challenge the proof effectively, as outlined by the Court?

Regarding Article 6 § 1 of the Convention, the Court examined whether the applicant, who faced non-disclosure of crucial ByLock data, was given adequate procedural safeguards and whether the applicant was afforded a suitable opportunity to prepare his defence.

The Court criticised the silence of domestic courts concerning their rejection of the applicant’s request for Bylock raw data, as well as the applicant’s substantiated concerns about the reliability of the evidence. The refusal of the applicant’s request to independently examine the raw data to verify its content and integrity was also noted. The Court emphasized that proceedings should have allowed the applicant to fully comment on the decrypted material, ensuring a “fair balance” between the parties.

In conclusion, the Court found insufficient safeguards for the applicant to challenge the evidence effectively and on equal footing with the prosecution. The failure of domestic courts to address the applicant’s requests and objections raised doubts that they were impervious to the defence arguments. The Court ruled that the applicant was not genuinely ‘heard,’ concluding that the criminal proceedings fell short of a fair trial, breaching Article 6 § 1 of the Convention.

  1. The Court held that Türkiye must take general measures to address systemic problems, particularly concerning the Turkish judiciary’s approach to using ByLock. As a legal expert, what specific measures do you believe would be necessary to rectify the identified systemic problems and ensure that future cases involving digital evidence, like ByLock, comply with the requirements of the ECHR, particularly in safeguarding individuals against arbitrary consequences and upholding the principles of a fair trial?

The Court highlighted the systemic nature of the issue, with over 8,000 similar cases and the potential for around one hundred thousand more cases from Turkey to reach the European Court. To address this, Turkey needs to implement general measures for resolution. Although the anti-terror legislation has faced criticism for its broad interpretative potential, mainly from scholars, the Venice Commission, and some European Court judgments, I believe the core problem lies in the arbitrary interpretation by the Turkish judiciary rather than the legislation’s wording. Despite Yalçınkaya reflecting the Court’s stance on this interpretation, there is still room for legislative amendment. However, the most immediate solution would be a jurisprudential change, with the Turkish judiciary aligning itself with the Yalçınkaya judgment, refraining from incriminating people for ordinary, non-criminal activities. Unfortunately, four months after the release of this judgment, Turkish courts have not given a clear signal that they have aligned with it.

Reopening cases in Turkey that have already been presented to the European Court could present a viable solution. Although Turkish criminal procedure permits the reopening of a case if the European Court identifies a violation, this right is currently not extended to similar cases. Nevertheless, a recent ruling by the Turkish Constitutional Court lends support to this potential solution. Consequently, a legal amendment would be beneficial to address and clarify this issue explicitly. Unfortunately, I am unaware of any instance where a domestic court has approved reopening a case similar to Yalcinkaya.

Following the Yalcinkaya case, individuals convicted of terrorism charges based on their alleged membership in the GM should be acquitted. The Bylock evidence, riddled with numerous shortcomings, was examined by the Strasbourg Court, which criticised the Turkish court’s flawed examination without explicitly affirming its evidentiary value. However, given the significant deficiencies in the Bylock evidence, it becomes untenable for any impartial court to accept it as credible. Moreover, the Court identified a more substantial issue, emphasising a violation of Article 7. Thus, the result should be an acquittal.

Bas du formulaire

Interview with Mr Hakan Kaplankaya ECtHR YÜKSEL YALÇINKAYA v TÜRKİYE By Maria Popova
  1. Given the historical significance outlined in the Yalçınkaya judgment and its impact on Article 7 violations, can you elaborate on the specific legal principles related to the “legality of crimes and punishments” that make an Article 7 violation so severe and why the ECHR has been cautious in finding such violations for its member states over the years?”

The “No punishment without law” principle is a fundamental legal tenet. In societies governed by the rule of law, the violation of this principle is not encountered. The recent judgment marks the sixtieth violation ruling by the Court in its history. The incrimination of hundreds of thousands of people in contravention of this principle is profoundly shocking. Witnessing such a grave systemic violation is, in my view, a source of shame for all Europeans.

  1. The Yalçınkaya decision highlights a systemic issue with over 8,000 pending cases of a similar nature and suggests the potential for over 100,000 more cases based on ByLock usage. How do you think non-compliance with the Yalçınkaya decision could impact Turkey’s judicial system and its international standing, and what steps should the authorities, particularly the Constitutional Court, take to address this issue promptly?

As stated in the judgment, it is binding on the Turkish judiciary. Therefore, the Turkish Constitutional Court and other superior courts should align with it. Failure to do so may result in the European Court issuing violation judgments for similar cases and potential future applications. The Committee of Ministers of the Council of Europe will monitor the execution of the judgment, involving a political and diplomatic process. Significantly, according to the Turkish Constitution, the decisions of the European Court are binding, and I hope that they will eventually be implemented in Turkey by Turkish authorities.

Freedom of Opinion and Expression to the Philippines

Presented by María Núñez Fontán and Olimpia Guidi

This report was presented to the Office of the High Commissioner for Human Rights about the state of freedom of opinion and expression in the Philippines.

The Philippines, deeply committed to upholding human rights, has meticulously crafted a comprehensive national normative framework governing freedom of opinion and expression. This report will thoroughly examine various facets of this framework, particularly emphasising its educational dimensions.

13A_Freedom_of_opinion_and_expression_to_the_Philippines

Download the report PDF.

Featured image by Rachel Hinman on Flickr.

Empowering Armenia: A Positive Shift in Education Amidst Challenges

Written by Aneta Orlowska

Armenia, a nation located in the South Caucasus, is experiencing a period of transformation in its educational landscape. In recent years, a combination of technological advancements, international collaborations, and dedicated local initiatives has brought about significant progress. This momentum is especially important as Armenia faces challenges such as an influx of refugees and the need for uninterrupted education. In this article, we will explore the advancements Armenia is making in education and the promising developments that indicate a brighter future for the nation.

Starlink’s Impact: Bridging Educational Divides

One catalyst for change is the arrival of Starlink, SpaceX’s satellite internet constellation project. This initiative is set to revolutionize education in Armenia by bringing high-speed, low-latency internet to remote areas. It aims to address the connectivity gap that has hindered educational access for many. The impact of this initiative is profound, particularly in rural regions where students have faced limitations in accessing online resources, participating in virtual classrooms, and engaging in distance learning.

With the advent of Starlink, students in remote areas now have the same opportunities as their urban counterparts. The newfound connectivity facilitates access to online libraries, research materials, and educational platforms, thereby broadening their knowledge horizons. Virtual classrooms enable interaction with teachers and students globally, fostering a global perspective and cultural exchange.

Furthermore, the low-latency internet provided by Starlink facilitates real-time collaboration, making distance learning more interactive and engaging. Students can ask questions, seek clarification, and receive immediate feedback, thereby enhancing their understanding and retention of the material. The arrival of Starlink signifies a significant leap forward, affirming that technology can bridge educational gaps and create a more equitable learning environment.

Energy-Efficiency Initiatives: A Green Commitment to Education

Armenia is taking steps to prioritize education by implementing energy efficiency initiatives. The European Investment Bank (EIB) and the European Union (EU) are collaborating to provide a €25 million loan for energy efficiency renovations in Yerevan’s polyclinics and kindergartens. This initiative aligns with the EU’s Economic and Investment Plan for the Eastern Partnership, with a focus on the flagship project “Investing in a green Yerevan – energy efficiency and green buses.”

The project goes beyond infrastructure improvements and aims to improve the quality of life for patients, healthcare staff, kindergarten children, and teachers. The renovations include upgrading building envelopes, replacing windows, and installing energy-efficient systems. By prioritizing green practices, not only does this initiative reduce energy consumption and CO2 emissions, but it also creates an environment that promotes learning and well-being.

UNESCO’s Support: Nurturing Educational Continuity for Refugees

Armenia’s resilience is further highlighted by its response to the influx of refugees, particularly from the Karabakh region. Recognizing the urgent need for educational support, Armenia officially sought UNESCO’s assistance, specifically in maintaining educational continuity for displaced pupils. UNESCO’s Director-General, Audrey Azoulay, promptly responded, emphasizing the organization’s commitment to education.

In collaboration with national authorities, UNESCO is developing a comprehensive plan of action. This plan focuses on ensuring optimal learning conditions, providing access to remedial or catch-up programs, and offering psychosocial support to help displaced students cope with the challenges they face. The commitment to maintaining educational continuity for refugee children reflects Armenia’s dedication to providing a stable and nurturing environment even in the face of adversity.

Teach For Armenia: A Beacon of Educational Transformation

Amidst these challenges and transformations, Teach For Armenia emerges as a beacon of hope. This nonprofit organization envisions a future where all children, regardless of socioeconomic circumstances, have access to an excellent education. With a mission to catalyze a nationwide movement of impact-driven leaders, Teach For Armenia operates the Seroond initiative, a transformation model for public schools in Armenia.

Seroond embodies a holistic approach to education, recognizing that traditional systems may not fully address the diverse needs of students. By prioritizing social-emotional learning alongside academic success, Seroond aims to create a more equitable and effective education system. The program’s focus on individualized learning plans, family support, and a holistic learning environment aligns with Armenia’s commitment to fostering well-rounded and resilient individuals.

Conclusion: A Bright Horizon for Armenian Education

Armenia’s educational landscape is undergoing a positive metamorphosis, propelled by technological innovations, international collaborations, and dedicated local initiatives. Starlink’s arrival brings connectivity to remote areas, leveling the educational playing field. Energy efficiency projects underscore Armenia’s commitment to creating conducive learning environments. UNESCO’s support for refugee education and Teach For Armenia’s transformative initiatives demonstrate the nation’s resilience and dedication to shaping a brighter future through education.

As Armenia continues to navigate challenges, the collective efforts of individuals, organizations, and international collaborations illuminate a path toward a more inclusive, connected, and resilient educational landscape. The progress made in recent times paints a picture of hope and determination—a testament to the transformative power of education in building a better future for Armenia and its children.

The commitment to education in Armenia serves as a beacon of hope, inspiring generations to overcome adversity, embrace knowledge, and contribute to the development of a prosperous society. It is through education that Armenia’s children can find the tools they need to build a brighter future, break the cycle of conflict, and foster peace and stability in the region. With continued support and investment in education, Armenia can overcome its challenges and create a society where every child has the opportunity to thrive and reach their full potential. Together, we can ensure that education remains a cornerstone of progress and a catalyst for positive change in Armenia.

References

Cover Image: “Water Supply and Sanitation Sector Project in Armenia” by Asian Development Bank via Flickr

Educational Challenges in Laos

Written by Uzair Ahmad Saleem

Laos is a landlocked Southeast Asian country with a population of approximately 7.2 million people. It is one of the world’s least developed countries, ranked 139th out of 189 in the Human Development Index. The progress and wellbeing of the people and country depend heavily on education, but it faces many obstacles, particularly in early childhood education (ECE) and Primary education.

Early Childhood Education

Early childhood education (ECE) is the first phase of formal education for children aged 3 to 5. It attempts to prepare children for primary school by providing the foundation for their cognitive, social, emotional, and physical development. ECE in Laos, however, has low enrollment and completion rates, particularly for kids in isolated and underprivileged communities who frequently do not speak Lao, the official language of instruction.

According to the most recent Ministry of Education and Sports (MoES) data, just 44.6% of children aged 3 to 5 years old were enrolled in ECE programs in 2019-2020, with only 37.4% completing them. Children from ethnic minority groups had lower enrollment and completion rates (32.8% and 26.7%, respectively), as did children from rural areas (40.8% and 33.8%, respectively) and poor households (36.9% and 30.1%, respectively).

One of the primary reasons for inadequate access to ECE is a shortage of ECE facilities and skilled teachers in distant and underprivileged communities. In 2017, just 28% of communities had an ECE centre, and only 18% of ECE teachers had received formal training, according to a UNICEF report. Furthermore, many ECE centres lacked basic infrastructure, such as water, sanitation, hygiene facilities, teaching-learning materials, and child-friendly surroundings.

Another factor contributing to inadequate access to ECE is a lack of understanding and demand among parents and caregivers, who frequently do not comprehend the benefits of ECE for their children’s development and learning outcomes. Many parents struggle to send their children to ECE centres owing to distance, cost, language problems, cultural norms, or household obligations.

To address these issues, UNICEF and other development partners are collaborating with MoES to broaden the Community-Based School Readiness Programme (CBSR) into rural areas not Lao-speaking and other educationally underprivileged communities. The CBSR program gives children access to high-quality ECE opportunities through community-based learning centres or at home, with the help of qualified facilitators and volunteers. As part of its parenting education component, the program teaches parents and other caregivers how to support their children’s learning and development at home.

Furthermore, UNICEF and other development partners are assisting the MoES in improving the pre-primary curriculum and ECE quality standards and developing and implementing a national ECE costed action plan. The goal is to provide all children with access to high-quality early childhood education programs aligned with the national curriculum framework and fulfilling minimal quality criteria. The action plan also includes methods for increasing the quantity and quality of early childhood educators and school principals and providing enough teaching-learning materials.

Primary Education

The second level of formal education, primary school, is for children between 6 and 10 years old. Its goal is to equip children with fundamental reading, numeracy, science, social studies, arts, physical education, and life skills. Laos’ primary education system, however, is inefficient and of low quality, contributing to high rates of repeat and dropout and subpar academic results for children.

According to the most recent MoES data, just 84.5% of children aged 6 to 10 were enrolled in primary school in 2019-2020, with only 76.9% completing it. The enrollment and completion rates were lower for girls (83.1% and 75.4%, respectively), for ethnic minority groups (77.9% and 69%, respectively), for rural areas (82.5% and 74.4%, respectively), and for poor households (79.1% and 70.7%, respectively).

One of the key reasons for the low quality and efficiency of primary education is that many children, particularly those from distant and underprivileged communities, have limited access to quality ECE programs. This has an impact on their preparation for primary education since they frequently lack the required language, cognitive, social, and emotional skills. As a result, many students fail to meet the curriculum’s expectations, repeat grades, or drop out of school.

Another cause of primary education’s low quality and efficiency is teachers’ and principals’ limited capacity and skills and a lack of pedagogical support and teaching-learning materials. In 2017, only 54% of primary teachers had received formal training, according to a UNICEF assessment. In addition, many teachers had to deal with issues including high class numbers, teaching multiple grades at once, a variety of languages, poor motivation, low pay, and little supervision.

A third reason for the low quality and efficiency of primary education is the low learning outcomes of students in literacy and numeracy skills. According to the most recent findings of the Southeast Asia Primary Learning Metrics (SEA-PLM) assessment, which was done in 2019 among Grade 5 pupils in six Southeast Asian nations (Cambodia, Lao PDR, Malaysia, Myanmar, Philippines, and Vietnam), Laos placed lowest in both reading and maths. Only 18% of Laotian students met the minimal reading proficiency level, and only 12% met the necessary mathematics competence level. These findings suggest that many Laotian kids are not acquiring the necessary knowledge and abilities for future schooling and life.

In order to overcome these difficulties, the MoES is collaborating with UNICEF and other development partners to strengthen the primary curriculum and provide Pedagogical Advisors and teacher training. The goal is to improve the quality and relevance of the curriculum and increase teachers’ and administrators’ capacity and abilities in child-centred pedagogies, assessment, and school management. The Pedagogical Advisors are certified teachers who regularly coach and advise other teachers in their schools and districts.

Furthermore, UNICEF and other development partners are assisting the Ministry of Education in promoting safe and enjoyable learning settings, including adequate water, sanitation, and hygiene facilities. The objective is to guarantee that every child can access well-maintained, kid-friendly schools that promote their health, hygiene, and general wellbeing. Activities to raise awareness and prevent violence, bullying, and discrimination in schools are also part of the curriculum.

UNICEF and other development partners also assist the MoES in gathering, analyzing, and utilizing data for evidence-based decision-making and policy formation. The objective is to strengthen the planning and monitoring procedures for the education sector as well as to increase the accessibility, usefulness, and quality of educational data at all levels of the educational system. The program also involves assistance in performing national exams, such as SEA-PLM, to assess students’ learning results.

Additionally, the World Bank and the Global Partnership for Education are investing in primary school performance through a $46.9 million project jointly funded by them. By enhancing teacher quality, school infrastructure, learning materials, school grants, student assessments, and information systems, the project intends to improve learning outcomes for almost 450,000 children in Laos.

Conclusion

Education is a fundamental human right and a significant factor in individuals’ and nations’ growth and prosperity. However, education in Laos confronts numerous obstacles, particularly in ECE and primary education, which affect access, quality, and efficiency. To achieve quality education for all children in Laos, the government, development partners, civil society, and communities must move quickly and in concert.

References
  • “Education.” UNICEF Lao People’s Democratic Republic, www.unicef.org/laos/education.
  • “New Project to Improve Primary Education in Lao PDR.” World Bank, 19 Mar. 2021, www.worldbank.org/en/news/press-release/2021/03/17/new-project-to-improve-primary-education-in-lao-pdr.
  • “SEA-PLM 2019 Main Regional Report.” UNICEF East Asia and Pacific, 1 Dec. 2020, www.unicef.org/eap/reports/sea-plm-2019-main-regional-report.
  • Kamiya, Yusuke, and Marika Nomura. “Evaluating the Impact of Early Childhood Education on Child Development in Lao PDR.” International Journal of Early Years Education, vol. 31, no. 1, Routledge, Aug. 2022, pp. 10–30. https://doi.org/10.1080/09669760.2022.2107489.
  • World Bank Group. “Maintaining Economic Stability in Lao PDR.” World Bank, 15 Aug. 2019, www.worldbank.org/en/country/lao/publication/maintaining-economic-stability-in-lao-pdr.

Cover Image “Happy children in a primary school in Lao PDR” by GPE/Stephan Bachenheimer via Flickr

The Gaza Conflict Dilemma: Academic Freedom and the Complex Tapestry of Free Speech in American Universities

By Samantha Orozco

In recent days, Harvard’s President, Claudine Gay, resigned amidst an antisemitism scandal. Contrary to expectations, her resignation was not prompted by allegations of antisemitism at the renowned institution but by accusations of plagiarism. While such accusations warrant the resignation and removal of an academic in such a pivotal role, it is crucial not to overlook the controversy surrounding her decision to step down and the pressure exerted by members of the US Congress and Harvard’s Jewish Community.

Gay, alongside other esteemed university presidents such as Liz Maguill of the University of Pennsylvania (who also resigned) and Sally Kornbluth of the Massachusetts Institute of Technology, faced scrutiny following allegations of antisemitism and potential endorsement of university authorities. This situation preceded a hearing initiated by the US Congress Republican Party to investigate “their actions to curb and penalize antisemitism in their respective universities.” [1]

Claudine Gay, president of Harvard University taken by Ken Cedeno, Reuters
Sally Kornbluth, president of Massachusetts Institute of Technology taken by Kevin Dietsch/Getty Images
M. Elizabeth Magill, president of University of Pennsylvania , taken by Kevin Dietsch/Getty Images

The inquiries and pressure directed at these university presidents are just the tip of the iceberg in the attempt to stifle freedom of speech in American universities. For instance, Columbia University prohibited participation in demonstrations supporting either Palestine or Israel. While this initially suppressed the two main student groups, the resolution backfired as students organized protests and formed over 40 student groups to continue expressing support for their causes.[2] Another example is the decision by Ron DeSantis, Governor of the State of Florida, to declare all pro-Palestinian groups in state universities illegal and compel their closure.[3]

The situation unfolding in American universities and the congressional approach to the matter threatens academic freedom and the right to freedom of speech. This is exacerbated by the fact that this precedent could set an example nationwide, where a pro-Palestinian liberation movement emerges without the intention of promoting hate speech but instead creating discomfort for those with differing views. On the other hand, the concern lies in the unequal treatment of hate speech incidents, mainly when directed against Palestinian or Muslim students.

“Anti-zionism is Antisemitism”?

The initial misstep in defining the boundaries of tolerance for expressions of support for the Palestinian movement occurred with the congressional resolution that equates anti-Zionism with antisemitism. [3] This sets a dangerous precedent, as many anti-Zionist movements advocate for a ceasefire in Gaza or criticize Israel’s military actions without promoting hatred or discrimination against Jews. Since October 7, several pro-Israel motions have been endorsed by Congress, reflecting widespread support for Israel among most US legislators during its offensive in Gaza, resulting in the tragic deaths of over 16,000 Palestinians.[4]

The conflation of anti-Zionism with antisemitism definitions has led to the interpretation of any form of support for Palestinians as acts of antisemitism. University presidents faced questioning on this matter, often relying on context to address inquiries. Their responses were often hesitant, not firmly stating whether certain behaviours are antisemitic or not, emphasizing the importance of context. In an environment where pro-Palestinian expressions are perceived as universally antisemitic, nuanced responses are challenging to provide, leading to the coerced cessation of pro-Palestine protests by university students.

Determining whether specific expressions may be considered antisemitic requires a case-by-case analysis, potentially placing such behaviours outside the protection scope of the right to freedom of speech. Article 19 of the International Covenant on Civil and Political Rights (ICCPR) asserts that everyone is entitled to freedom of speech, making expressions of support for Palestinians a fundamental exercise of this right. Striking a balance between freedom of speech and the prevention of hate speech is essential, though international human rights law lacks a formal definition of “hate speech.” Instead, most United Nations instruments refer to “incitement to discrimination, hostility, or violence.”[5]

Limitations on freedom of speech under international law aim to reconcile two fundamental principles. On one hand, the principle of equality and non-discrimination ensures the equal enjoyment of human rights, protection under the law, and dignity without discrimination. On the other hand, the right to freedom of opinion and expression safeguards the right to hold opinions without interference and to express, seek, receive, and impart information and ideas across all mediums and without borders. [6] Advocating for the implementation of drastic measures that quash any expression of support for Palestinians is a misguided approach in the pursuit of a shared objective, which ideally should be peace and the safeguarding of human dignity, irrespective of individual perspectives on the Gaza conflict.

American citizens pro-Palestinian protest in front of Israel Consulate – by Hossam el-Hamalawy on Flickr

The challenge for academy and university students

An intriguing aspect to ponder is the state of academia when contentious issues arise, potentially jeopardizing even professional positions. Will contributions to the analysis of the Conflict in Gaza, particularly from academics at renowned American universities, be tainted and stifled by the fear of being branded as antisemitic?

While advocating for the punishment of hate speech, incitement to Violence, or genocide against any involved groups in the conflict is commendable, the challenge lies in striking a balance that preserves academic freedom. This concept, rooted in medieval European universities,[6] encompasses the freedom of teachers and students to engage in teaching, studying, and research without undue interference or constraints from law, institutional regulations, or public pressures. Its fundamental tenets include teachers’ freedom to explore subjects of intellectual concern, present findings without censorship, and teach in a professionally appropriate manner.

Students can study relevant subjects, form conclusions independently, and express their opinions. Advocates argue that the justification for academic freedom is not solely for the comfort of educators and students but for societal benefits.[7] A society thrives when the educational process fosters knowledge advancement, and such progress is best achieved when inquiry remains free from state, institutional, or special-interest group restraints. In that sense, more than trying to suppress opinions, universities should promote healthy discussions among different perspectives and encourage students to participate in other academic spaces.

Ironically, being a college president may be one of the least desirable positions in American universities. The removal of a university president should ideally result from internal deliberations among board members and academic personnel, not from political pressures emanating from the Capitol. Universities must remain immune to political coercion, and authorities should distinguish between this and exercising freedom of speech and promoting academic freedom. At the moment, actions appear to favour a specific narrative, undermining the potential for diverse and healthy approaches and discussions in a nation where no voices should be silenced.

Notes:

[1]Blinder, Alan & Others for The New York Times. (12 December 2023) Universities Face Congressional Inquiry and Angry Donors Over Handling of Antisemitism. https://www.nytimes.com/2023/12/07/us/university-of-pennsylvania-mit-harvard-antisemitism.html

[2]Stack, Liam, for The New York Times. (November 2023) Columbia Closes Campus as Israel-Hamas protests erupts. https://www.nytimes.com/2023/10/12/nyregion/columbia-university-israel-hamas-protests.html

[3]Hay, Andrew for Reuters. Florida´s De Santis bans Pro-Palestinian Student Group. https://www.reuters.com/world/us/floridas-desantis-bans-pro-palestinian-student-group-2023-10-25/

[4]Mohamed, Edna, and others for Al Jazeera. Israel-Hamas war updates: More than 16,200 dead in Gaza from Israeli Attacks. https://www.aljazeera.com/news/liveblog/2023/12/5/israel-hamas-war-live-israeli-attacks-on-southern-gaza-reach-new-depths

[5]United Nations Human Rights Commission, Hate speech and incitement to hatred or Violence. Special Rapporteur on Freedom of Religion or Belief https://www.ohchr.org/en/special-procedures/sr-religion-or-belief/hate-speech-and-incitement-hatred-or-violence#:~:text=As%20a%20matter%20of%20principle,peaceful%2C%20inclusive%20and%20just%20societies.; The International Convention on the Elimination of all Forms of Racial Discrimination (CERD), adopted by the UN General Assembly in 1965, prohibits “propaganda” and “dissemination of ideas” about racial superiority and The Convention on the Prevention and Punishment of the Crime of Genocide (art. 4).1948, The Rome Statute of the International Criminal Court was adopted in 1998  (art. 25).

[6]Simpson, R. M. (2020). The relation between academic freedom and free speech. Ethics, 130(3), 287-319.

[7]Hinchey, P. H. (2010). Finding freedom in the classroom: A practical introduction to critical theory (Vol. 24). Peter Lang; Barrow, C. W. (2017). Realpolitik in the American University: Charles A. Beard and the problem of academic repression. In Neoliberalizing the University: Implications for American Democracy (pp. 26-46). Routledge.