NGOs demand the release of Mohamed Cheikh Ould Mkhaitir in Mauretania

June 24, 2019


Award for human rights defenders by PBI UK to Kenyan and Colombian defenders

June 23, 2019

Kenyan social justice activist Naomi Barasa and Colombian human rights lawyer Daniel Prado have won the first annual Henry Brooke Awards for Human Rights Defenders, created in 2018 by PBI UK and pro bono legal network the Alliance for Lawyers at Risk.

These awards are in honour of the life and legacy of Sir Henry Brooke – barrister at Fountain Court Chambers, founder of the Alliance for Lawyers at Risk and patron of PBI UK – who passed away in January 2018. They are presented annually to defenders who encapsulate the qualities Sir Henry most admired and reflected in his own life: selflessness, courage, and commitment to seeking justice for the oppressed and the marginalised. The award winners were selected by a panel of leading figures from the UK legal and human rights communities. For more on this award, see: http://www.trueheroesfilms.org/thedigest/awards/henry-brooke-awards-for-human-rights-defenders

Naomi Barasa was selected for the award in recognition of her remarkable determination and commitment to grassroots human rights work in the most disadvantaged social circumstances. Born in an informal settlement on the outskirts of Nairobi, Naomi was a close witness to street violence, police brutality, impunity and the overwhelming inequality of the slums. Her journey as a human rights defender has embedded her in the struggle to improve living conditions for Nairobi’s 2.5 million slum dwellers. Naomi was instrumental in the campaign that led to the passage of the Sexual Offences Act in 2006, and has acted as Campaigns Manager for the Right to Adequate Housing with Amnesty International since 2009. She has contributed to the adoption of legislation such as the Housing Bill 2011, the Evictions and Resettlement Bill and the Slum Upgrading & Prevention Policy. What motivates her work, she says, is “the resilience of the suffering people and the desire to see a different world. A world that has a mathematics of justice, not of inequality.

Daniel Prado was selected as an example of a lawyer who has defied huge personal risk in order to pursue justice for the victims of human rights violations, oppose impunity and defend the rights of marginalised communities against powerful interests. He began his career by providing legal support to the family members of victims of enforced disappearance in the early 1990s and currently works with the Colombian NGO the Inter-Church Justice and Peace Commission (CIJP). Among other emblematic cases, Daniel represents victims of paramilitarism in the case of Los Doce Apóstoles (The Twelve Apostles), in which Santiago Uribe, brother of former President and Senator Alvaro Uribe Velez, stands accused of creating paramilitary groups responsible for more than 500 murders. Daniel’s involvement in this and other high-profile cases has seen him exposed to death threats, harassment and a public campaign of defamation and slander. Speaking of his work, he has said: “The risks in Colombia are unstoppable. I have taken many cases that have had consequences for a lot of people… we live in a constant state of anxiety about what can happen to us.

PBI provides security and advocacy support to both Naomi Barasa and Daniel Prado, to help mitigate the risks they face as a result of their human rights work.

 

 


2019 edition of the Africa Shield Awards by AfricanDefenders

June 21, 2019

On 14 June 2019, AfricanDefenders (Pan-African Human Rights Defenders Network) awarded distinguished five human rights defenders on the African continent [for more on this and other regional awards, see: http://www.trueheroesfilms.org/thedigest/awards/african-human-rights-defenders-shield-awards]The winners are Beatrice Mtetwa, Felix Agbor Aniyor, Donald Deya, Fatou Jagne Senghor, and the Sudan Women Protest. The Shield Awards highlight the positive impact of their outstanding human rights work and their unwelding motivation.
The Shield Awards comprise five sub-regional awards and an overall Africa Shield Award. For this third edition, a jury composed of Hon. Commissioner Soyata Maiga, Chairperson of the African Commission on Human and Peoples’ Rights (ACHPR); Hon. Commissioner Rémy Ngoy, Special Rapporteur on Human Rights Defenders in Africa; Margaret Sekaggya, former UN Special Rapporteur on Human Rights Defenders; and Hassan Shire, Chairperson of AfricanDefenders, acknowledged that Sudan Women Protest should be granted the overall Africa Shield Award – also the winner of the North African Regional Award. Sudan Women Protest is a community of Sudanese women activists at the frontline of the Sudanese revolution since December 2018 – bringing to the fore women voices and rights. “This is for all the women, mothers, daughters who stood up to mobilise the people and to ensure that their rights are not forgotten – we all stand in solidarity with them,” said Walaa Salah, a Sudanese activist living in Kenya, who received the award on behalf of the community, as the women activists on the ground are immobilised due to the ongoing violence. “I hope I will be able to travel to Sudan, and bring this shield as a testimony to your solidarity.”
Beatrice Mtetwa, Shield Award winner for Southern Africa, is a Zimbabwean human rights lawyer Mtetwa has protected and promoted human rights for years, with a focus on HRDs and journalists, by representing on pro-bono hundreds of HRDs facing harassment and abusive detention in Zimbabwe. As a founding member and board member of Zimbabwe Lawyers for Human Rights (ZLHR), she continues to nurture leaders on the continent who carry her visionary mission of establishing a blue chip human rights lawyer’s organisation in Zimbabwe that has made access to justice for HRDs facing judicial persecution a reality in her home country. “This means a lot, particularly because it comes from my fellow African HRDs,” she said while receiving the award from Sekaggya. [see also: https://humanrightsdefenders.blog/2014/11/06/human-rights-documentary-beatrice-mtetwa-the-rule-of-law-on-television-and-internet/].
The Central African Shield Award was presented to Felix Agbor Anyior Nkongho, a Cameroonian lawyer and the founder of the Centre for Human Rights and Democracy in Africa. He has provided pro bono legal services to hundreds of victims. While seeking social justice and equality in the Anglophone region of Cameroon, he was arrested, charged, and tried at a ilitary tribunal for terrorism, rebellion to incite civil war, revolution, contempt against the State, and secession, which carries the death penalty. He was thrown into a cell with 12 alleged members of the Boko Haram terrorist group, later transferred to solitary confinement for 45 days, and was not allowed to attend his father’s funeral. Today, he is documenting and reporting systematic human rights violations committed by both government security forces and the armed separatist groups in the Anglophone region of Cameroon. “We, HRDs, defend the rights of others, so I thank you for protecting us,” he said.
Fatou Jagne Senghor, Executive Director of Article 19 West Africa, received the Shield Award for West Africa for her engagement on freedom of expression and media freedom. The award recognises Senghor’s longstanding human rights work in West Africa in general, and in The Gambia in particular. She plays an important role in regards to ensuring accountability on human rights violations, building the capacity of civil society, and strengthening the reforms in The Gambia. “Freedom of expression is increasingly under attack, and we need defenders like Fatou to protect us,” emphasised George Morara, Commissioner of the Kenya National Commission on Human Rights, while handing Senghor her shield.Donald Deya received the Shield Award for the East and Horn of Africa sub-region. Deya is an international human rights lawyer who represent and support victims of human rights abuses on the African continent. He represented numerous victims before the ACHPR, , the African Court on Human and Peoples’ Rights, the East African Court of Justice, and several national High courts. Deya is also the head of the Secretariat of the Pan African Lawyers Union (PALU), chair of the Boards of the Centre for Citizens’ Participation on the African Union (CCPAU) and the International Coalition for the Responsibility to Protect (ICRtoP). He dedicated the award to all African HRDs who suffer from persecution.
Through their human rights work, the awardees have faced harassment, intimidation, arbitrary detention, and even the threat of death – but they have never abandoned their tenacious commitment to human rights protection and promotion. Expressing her appreciation to their efforts, Hon. Maiga said: “I congratulate all the winners for their courage, and acknowledge the risks they take, and their strength that enables them to stand up for the rights of others.”

On a special note, Hassan Shire  presented the Shield of Africa award to Hon. Commissioner Maiga Soyata. This special award is presented by AfricanDefenders to valuable dignitaries  who have demonstrated longstanding contributions to protecting and promoting the rights of African citizens. Hon. Maiga dedicated 12 years of her life to protecting the rights of Africans across the continent, notably promoting the rights of women in Africa through the Maputo Protocol. “This is a coronation for her outstanding role in the protection of the rights of African citizens,’’ said Hassan Shire.

 

 


Rich palette of side events at 41st Session of the UN Human Rights Council

June 21, 2019

The 41st session of the UN Human Rights Council is to start soon. In addition to items of the agenda [see https://humanrightsdefenders.blog/2019/06/14/guide-to-human-rights-defenders-issues-at-the-41st-human-rights-council-starting-on-24-june/] there are – as usual – many side events in Geneva, both by States and NGOs, that relate to human rights defenders. You can download the list of NGO events here.

Here a selection:

  • Launch of ISHR joint report on strengthening HRC membership on 1 July at 13:00 at the UN Delegates restaurant. Speakers will introduce the report and highlight some of the key challenges, opportunities and practical recommendations, including with regard to good practice relating to candidacy and membership of the HRC.
  • Promoting and Protecting Civic Space for Migrants and Refugees is organised by CIVICUS and Solidarity Center and will take place on 24 June at 12:00. This event will examine findings on civic space barriers for migrant/refugees in Germany, Jordan, Kenya, Malaysia and Mexico from a new report by Solidarity Center and CIVICUS; provide an analysis of some of the civic space trends for migrants/refugees across the five countries; and hear from civil society activists on the ground.
  • Health impacts for US Asylum is organised by Physicians for Human Rights (PHR) and will be held on 26 June at 10:00 in Room VIII. PHR will present findings from two reports about the asylum crisis in the United States with research based on forensic evaluations of more than 180 child asylum seekers regarding their trauma exposure in country of origin and reasons for fleeing, and documentation of cases where US immigration enforcement has impeded migrants access to emergency health care.
  • Defending rights online: Challenges facing human rights defenders and a free and open Internet is organised by Article 19 and will be held on 26 June at 15:30 in Room VIII. It will discuss what more States at the Human Rights Council can do to bolster safeguards for the protection of human rights online, while also holding States accountable for violations of those rights. The panelists include the Special Rapporteur on freedom of opinion and expression and human rights defenders from Russia, Mexico, Tanzania and Tajikistan. https://www.article19.org/resources/event-defending-online-civic-space-challenges-facing-human-rights-defenders/
  • Freedoms of expression, assembly, and association in Asia organised by Forum-Asia and will be held on 26 June 2019 at 15:00. This side event aims to discuss issues related to freedoms of expression, assembly, and association in Asian states.
  • Ending Impunity for Murdered Journalists: Enhancing the role and impact of the UN is organised by Article 19 and will be held on 27 June at 11:30 in Room VIII. The panelists include the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on freedom of opinion and expression, and Hatice Cengiz, Fiancée of Jamal Khashoggi. It will examine how the UN’s response to cases of murdered journalists might be enhanced.
  • Criminalisation of solidarity in migration organised by the International Commission of Jurists (ICJ) and OHCHR, and will be held on 27 June in  Kazakh Room – Cinema XIV. The event will feature the screening of the movie “The Valley” by Nuno Escudeiro, documenting the situation of human rights defenders and migrants in South of France, with an introductory panel and a discussion session after the movie (THE VALLEY is a coproduction Point du Jour (France), Miramonte Film (Italy) and was awarded the Emerging international filmmaker at the HOT DOCS film festival, Toronto).
  • Women’s rights under attack: the case of Poland, organised by the International Federation for Human Rights (FIDH) and Human Rights Watch, will take place on 27 June, at 13:00 in Room XV. This side event will expose attempts to erode sexual and reproductive health and rights, campaigns against women’s rights organisations, and targeting of women’s rights activists – against the backdrop of a decline in the rule of law in the country. It will explore how international and regional organisations should address this concern in Poland and in the rest of the continent.
  • Needs, best practices and risks of research and data collection on sexual orientation and gender identity, organised by COC Nederland and sponsored by ISHR will be held on June 27 at 15:30 in Room V.
  • Human Rights in Kashmir is organised by the International Commission of Jurists and will be held on 28 June at 13:00 in Room XXI.
  • The human rights problem of political marginalisation is organised by Salam for Democracy and Human Rights (Bahrain) and CIVICUS, and will take place on 2 July at 12:00. Despite steadily rising levels of social and political marginalization in Bahrain, the government has sought to convey the appearance of political stability. In a context where freedoms of expression, peaceful assembly and association are severely restricted, what strategies can civil society – in Bahrain and in other countries around the world – bring into play to reduce political marginalisation?
  • The situation of migrants and refugees rights in Brazil is organised by Conectas and will be held on 2 July at 14h in Room VIII. The event will discuss the rights of migrants and refugees in Brazil focusing on the situation of Venezuelans refugees coming to the country, the reasons why they are leaving Venezuela and how Brazil is responding to this situation.
  • Human rights in Myanmar is organised by Physicians for Human Rights, and will be held on 1 July at 12:00 in Room VIII. PHR will provide an in-depth briefing on new research findings that reveal a painful, long-term legacy of the Rohingya Crisis and underscore the urgent need for accountability.
  • Human rights in Myanmar is organised by Forum Asia and will be held on 1 July 2019 at 14:30 in Room VIII. Human rights defenders and the Special Rapporteur on Myanmar will provide updates on the situation in the country since the last Council session.
  • Upholding the rule of law: The UN database on businesses operating in the OPT is organised by the Cairo Institute for Human Rights Studies and will be held on 5 July at 14:00 in Room VIII. More than three years following the establishment of the Database mandate pursuant to Human Rights Council Resolution 31/36– the results of this process are not being transmitted with the necessary transparency. The side event will focus on the importance of releasing the database as a public online platform of business enterprises engaged in business activities related to Israeli settlements.
  • Human rights in Sudan is organised by DefendDefenders and Physicians for Human Rights. It will be held on 8 July at 13:00 in Room XXIV. This event will bring Sudanese voices to the Council to speak about the situation in Sudan and the ongoing crackdown.
  • Human Rights in Venezuela is organised by the International Commission of Jurists and will be held on 8 July at 14:30 in Room IX.

Any others that come to my attebtion will be reported later.

 


Business association amfori publishes statement in support of human rights defenders

June 21, 2019

 amfori is the leading global business association for open and sustainable trade, it brings together over 2,000 retailers, importers, brands and associations from more than 40 countries. On 20 June 2019 it announced that it had recently released a statement in support of human rights defenders. With the space for civil society to operate shrinking, and defenders of human rights increasingly under threat, amfori is taking steps to proactively advocate for the support of these actors. As a business association with a mission to support its member organisations ‘Trade with Purpose’, addressing human rights concerns linked to business operations and supply chains is a vital part of our work.

Its purpose is to express the collective support for the important work being done by human rights defenders, raise awareness on the growing challenges they face, and push both public and private authorities to protect and back human rights defenders. Amfori also continues to advance advocacy on related issues including child labour, due diligence, gender equality and climate change and build relations and engagement with state and non-state actors in this space.

See also my: https://humanrightsdefenders.blog/2019/01/21/davos-businesses-need-strong-human-rights-defenders/

https://www.amfori.org/news/supporting-human-rights-defenders


Today: World Refugee Day 2019

June 20, 2019

Many are the initiatives on this day. UNHCR lists just a few ways that you can take action right now and spread this message even further:

Sometimes good news fall on the right day: a French court acquitted Tom Ciotkowski, a British human rights defender who documented police abuse against migrants and refugees and volunteers who were helping them in Calais. Amnesty International France’s Programme manager on Freedoms, Nicolas Krameyer said: “Today’s decision, delivered on World Refugee Day, is not only a victory for justice but also for common sense. Tom Ciotkowski is a compassionate young volunteer who did nothing wrong and was dragged through the courts on trumped up charges”. [see also: https://humanrightsdefenders.blog/2019/05/15/european-governments-should-stop-treating-solidarity-and-compassion-as-a-crime/]

EuroMed Rights focuses on the current practice of stopping people from disembarking ships/boats on the Mediterranean Sea shoreline, particularly in Tunisia. In many aspects, this situation is emblematic of the obstacles faced by refugees in obtaining protection and access to rights in the Euro-Mediterranean region. It is also emblematic of the unfailing solidarity with refugees of local organisations and individuals.

Freedom United issues a call to close Libyan slave markets.

Medecins Sans Frontieres (MSF) is featuring stories of survival—a collection of video testimonies and first-hand accounts from people who have risked everything for a chance at safety. As an organisation working with refugees and people on the move, we know that nothing—not a wall, or even an ocean—will ever stop people who are simply trying to survive.

———-

https://www.amnesty.org/en/latest/news/2019/06/france-acquittal-of-young-man-for-showing-compassion-to-refugees-in-calais-shows-solidarity-is-not-a-crime/

https://mailchi.mp/euromedrights/world-refugee-day-deadlock-at-sea-obstacles-to-the-right-of-asylum-the-tunisian-case?e=1209ebd6d8

https://www.freedomunited.org/

https://www.msf.org/refugees-around-world-stories-survival-world-refugee-day


‘Lost Childhoods’ – an interactive graphic novel exposing child abuse in Nigeria – awarded at BAFTA

June 20, 2019

Journalist-photographer Marc Ellison receiving the award in London on Monday evening [One Media World]
Journalist-photographer Marc Ellison receiving the award in London on Monday evening [One Media World]

The winning entry – Lost Childhoods: How Nigeria’s Fear of Child ‘Witchcraft’ Ruins Young Lives – was praised on Monday for its interactive investigation into the practice of branding children and young adolescents as “witches”. “Combining graphic novel imagery with film, this highly accessible piece effectively covers a major human rights issue,” One World Media organisers said from the awards gala at London’s British Academy of Film and Television Arts (BAFTA).

Blamed for family illness, sudden financial loss or other misfortunes, the children are often beaten, locked into cages, branded with hot knives or made to undergo costly “exorcisms” performed by so-called “prophets” in local churches. With little choice but to flee, many children end up as drug addicts and living in rubbish dumps or on the streets.

AJLabs teamed up with journalist-photographer Marc Ellison and Nigerian illustrator Samuel Iwunze to unearth the facts of this under-reported story. Working meticulously with local fixers, NGOs and child psychologists, Ellison was able to expose the practice that has taken hold in parts of the Niger Delta and that has partially been fuelled by myths propagated by the Nigerian film industry.

Lost Childhoods employs a mix of visual and textual formats, including comic/graphic novel illustrations to preserve anonymity and portray past events. Carlos Van Meek, Al Jazeera’s director of Digital Innovation and Programming, said, “This story, in particular, is a skilful weave of investigations, videos, photos and illustrations that brings to light disturbing physical, emotional and religious abuse against children. Our goal is – and always will be – to make an impact that leads to positive change at the local and international level.”

As further testament to the production, AJLabs worked with NGOs to translate the graphic novel into local languages for distribution within communities, schools and churches in Nigeria, in an attempt to educate people and end the practice of scapegoating innocent children and branding them as witches.

Nigeria witchcraft

NEWS: UN expert, Agnes Callamard, says Saudi Arabia is responsible for ‘extrajudicial’ killing of Khashoggi and calls it ‘international crime’.

June 19, 2019

The UN rapporteur believes that the killing of Khashoggi constitutes an international crime [File: Sedad Suna/EPA-EFE]
The UN rapporteur believes that the killing of Khashoggi constitutes an international crime [File: Sedad Suna/EPA-EFE]

Saudi journalist Jamal Khashoggi was killed by Saudi agents inside the Saudi consulate in Istanbul on 2 October 2018 says UN extrajudicial executions investigator Agnes Callamard in her report which was released on Wednesday 19 June 2019. She said Khashoggi’s death “constituted an extrajudicial killing for which the State of the Kingdom of Saudi Arabia is responsible”. Al Jazeera published the Executive Summary (see below), while Rob Berschinski of Human Rights First calls on Congress to pursue accountability for his murder. “Callamard’s report underscores that there will be no justice for Jamal Khashoggi unless Congress steps up. Saudi leaders have made it clear that they intend to get away with murder. President Trump has made it clear that he values arms sales over the killing and dismemberment of a U.S. resident. Congress must make it clear that it will not let this stand,”. He added that “the Senate has passed aunanimous resolution that found, based on U.S. intelligence, that Crown Prince Mohammed bin Salman is responsible for Khashoggi’s murder. Republican and Democratic House leaders have called for accountability. Now is the time for action, not words.”

See also: https://humanrightsdefenders.blog/2019/03/18/jamal-khashoggi-murder-the-plot-thickens/

——–

Executive summary

State Responsibilities

1.   Mr. Khashoggi’s killing constituted an extrajudicial killing for which the State of the Kingdom of Saudi Arabia is responsible. His attempted kidnapping would also constitute a violation under international human rights law. From the perspective of international human rights law, State responsibility is not a question of, for example, which of the State officials ordered Mr. Khashoggi’s death; whether one or more ordered a kidnapping that was botched and then became an accidental killing; or whether the officers acted on their own initiative or ultra vires.

2.   The killing of Mr. Khashoggi further constituted a violation of the Vienna Convention on Consular Relations (thereafter VCCR) and of the prohibition against the extra-territorial use of force in time of peace (customary law and UN Charter). In killing a journalist, the State of Saudi Arabia also committed an act inconsistent with a core tenet of the United Nations, the protection of freedom of expression.  As such, it can be credibly argued that it used force extra-territorially in a manner “inconsistent with the Purposes of the United Nations.”

3.   Further, the circumstances of the killing of Mr. Khashoggi may constitute an act of torture under the terms of the Convention Against Torture, ratified by Saudi Arabia. Finally, the killing of Mr. Khashoggi may also constitute to this date an enforced disappearance since the location of his remains has not been established.

Individual liability

4.   The Special Rapporteur has determined that there is credible evidence, warranting further investigation of high-level Saudi Officials’ individual liability, including the Crown Prince’s.  She warns against a disproportionate emphasis on identifying who ordered the crime, pointing out that the search for justice and accountability is not singularly dependent on finding a smoking gun and the person holding it. The search is also, if not primarily, about identifying those who, in the context of the commission of a violation, have abused, or failed to fulfill, the responsibilities of their positions of authority. 

Duty to investigate and consular immunity

5.   The Special Rapporteur has found that both the investigations conducted by Saudi Arabia and Turkey failed to meet international standards regarding the investigation into unlawful deaths.

6.   Saudi officials were present in the Saudi consulate and residence in Istanbul from 6 to 15 October during which time they presumably investigated the killing. However, the Special Rapporteur was not provided with any information regarding the evidence they may have collected during this period. The Saudi Public Prosecution made public a few of their findings on 15 November but the statement was light on details, limiting itself to a few general allegations. Other statements regarding the actions and responsibilities of specific individuals were a welcomed step. However, the Special Rapporteur notes that some of the individuals allegedly referenced in these statements and the identity of 11 perpetrators currently on trial do not match. Further, the Saudi authorities have yet to disclose the whereabouts of the remains of Mr. Khashoggi.

7.   The Special Rapporteur found that under the terms of the VCCR, Saudi authorities were under no legal obligation to grant access to the Consular premises to the Turkish investigators. However, Saudi Arabia was under an international obligation to cooperate with the Turkish authorities in the investigation of the killing of Mr. Khashoggi. Such cooperation necessarily demanded that they gave access to the consulate to the Turkish authorities in a prompt and effective fashion and in good faith. Consular immunity was never intended to enable impunity. 

8.   The Special Rapporteur found credible evidence pointing to the crime scenes having been thoroughly, even forensically, cleaned. These indicate that the Saudi investigation was not conducted in good faith, and that it may amount to obstructing justice. 

9.   Turkish investigators, accompanied by Saudi investigators, only had access to the Consulate on the 15th October for 6 hours and to the Consul’ residence on 17th October for around thirteen hours, where they also had to search the whole consular vehicle fleet. Their scientific and forensic inquiries were limited to “swabbing” and they were not allowed to drain a well located in the residence. The limitations imposed by Saudi Arabia on the Turkish investigation cannot be justified by the need to protect Consular operations.

10.  Turkish investigators decided not to search the Saudi Consulate without proper authorization from the Saudi authorities. The Special Rapporteur found that this was the appropriate way to proceed: creating an exception to the VCCR grounded inviolability of the Saudi Consular premises for the purpose of an investigation would have been unnecessary and disproportionate.

11.   She also found that Turkey’s fear over an escalation of the situation and retribution meant that the consular residences or consular cars were also not searched without permission even though they are not protected by the VCCR.

12.   The Special Rapporteur regrets that it appears no international body or other State came forward with an offer to “mediate” between the two parties to negotiate prompt and effective access to the crime scene.  This could have been done to also help de-escalate the crisis, protect equally the VCCR and human rights, and address as well the fear of retaliation. Instead, it appears that other Member States pondered rather only their own national and strategic interests. The United Nations either considered it had no evident means of intervention or elected not to intervene. In retrospect, it is evident that the ultimate casualty of these considerations was justice and accountability for Jamal Khashoggi.

Duty to protect and to warn

13.   On the basis of credible information at her disposal, the Special Rapporteur has concluded that there is insufficient evidence to suggest that either Turkey or the United States knew, or ought to have known, of a real and imminent or foreseeable threat to Mr. Khashoggi’s life. There was credible evidence to suggest that, had Mr. Khashoggi returned to Saudi Arabia, or been lured there, he would have been detained, possibly disappeared, and harmed. These risks were not linked to his life or presence in his countries of residence, namely the US or Turkey.  She did not secure credible evidence that US authorities had intercepted the Saudi Crown Prince’s communications or that such intercepts had been assessed before the time of the killing of Mr. Khashoggi.

14.   The killing of Mr. Khashoggi has highlighted the vulnerabilities of dissidents living abroad, and the risks they are facing of covert actions by the authorities of their countries of origin or non-State actors associated to them. The States of the countries where they have found residence or exile are under an obligation to respect their human rights, and protect them against violence by the States of the countries they have escaped from.  This obligation should entail, namely:

(a)   The duty to protect is triggered whenever Governments know or ought to know of a real and immediate threat or risk to someone’s life;

(b)   Such an obligation to protect includes, but is not limited to, a duty to warn the individual of an imminent threat to their life

(c)   The obligation to protect, including the duty to warn, is imposed on all Governments agencies and institutions, and thus includes Intelligence Agencies

(d)   The obligation to protect applies regardless of the status of citizen or alien on the territories of the State.

(e)   The obligation to protect, including the duty to warn, demands that risks assessment take into account whether some individuals may be particularly at risk because of their identity or activities, such as journalists or human rights defenders.

(f)    The obligation to protect, including the duty to warn, may be triggered extra-territorially, whenever States exercise power or effective control over individual’s enjoyment of the right to life.

Duty to prosecute and reparations

15.  The Kingdom of Saudi Arabia has taken timid steps towards addressing its State responsibilities in terms of prosecution and reparation. But these stop short of what is required under international law. The accountability gap is all the more worrying given that it concerns a crime that has received an unprecedented level of attention and outcry internationally, including official public condemnation the world over.

16.  The on-going trial in Saudi Arabia of 11 suspects in the killing of Mr. Khashoggi, while an important step towards accountability, fails to meet procedural and substantive standards. The trial is held behind closed doors; the identity of those charged has not been released nor is the identity of those facing the death penalty. At the time of writing, at least one of those identified as responsible for the planning and organizing of the execution of Mr. Khashoggi has not been charged. 

17.  The Government of Saudi Arabia has invited representatives of Turkey and of the permanent members of the Security Council to attend at least some of the hearings.  However, the Special Rapporteur has been told that this trial observation was conditional upon agreement to not disclose its details. Trial observation under those conditions cannot provide credible validation of the proceedings or of the investigation itself. It is particularly concerning that, given the identity of the observers, the institution of the UN Security Council itself has been made complicit in what may well amount to a miscarriage of justice. 

18.  In view of her concerns regarding the trial of the 11 suspects in Saudi Arabia, the Special Rapporteur calls for the suspension of the trial.

19.  To date the Saudi State has failed to offer public recognition of its responsibility for the killing of Mr. Khashoggi and it has failed to offer an apology to Mr. Khashoggi’s family, friends and colleagues for his death and for the manner in which he was killed. The Special Rapporteur obtained information regarding a financial package offered to the children of Mr. Jamal Khashoggi but it is questionable whether such package amounts to compensation under international human rights law. 

20.  The restructuring of the Intelligence Services announced by King Salman is insufficient. There has been no subsequent information elaborating on the impact of the restructuring (or any other measures) on the decision-making, training, and codes of ethics of the Security Agencies, to name a few issues of concern.  Instead, one would expect the Kingdom of Saudi Arabia to demonstrate non-repetition including by releasing all individuals imprisoned for the peaceful expression of their opinion and belief; investigating all allegations of torture and lethal use of force in formal and informal places of detention; investigating all allegations of enforced disappearances and making public the whereabouts of individuals disappeared. It should also undertake an in-depth assessment of the actors, institutions and circumstances that made it possible for the execution of Mr. Khashoggi to be carried forward and identify the reforms required to ensure non-repetition.

Universal jurisdiction

21.  The Special Rapporteur believes that the killing of Mr Kashoggi constitutes an international crime over which States should claim universal jurisdiction. The killing of Mr. Khashoggi is a violation of a jus cogen norm. It violates the VCCR and the prohibition against the extraterritorial use of force in times of peace. The circumstances of the execution may amount to an act of torture under the Convention Against Torture. It is a continuing case of enforced disappearance since the remains of Mr. Khashoggi have not been located. It concerns a journalist in self-imposed exile. His execution has an enduring international impact.

Accountability

22.  The Special Rapporteur is concerned that legal accountability for the execution of Mr. Khashoggi is being made difficult to obtain. The trial underway in Saudi Arabia will not deliver credible accountability. Turkey has not initiated proceedings yet and hopes for credible accountability are weak in a country with such a track record of imprisonment of journalists. Jurisdictional challenges and the impossibility of conducting a trial in absentia mean that a trial in the US will face many challenges. The Special Rapporteur makes a number of proposals for how some of these issues may be addressed while warning that no one proposal on its own will deliver credible accountability.

23.  The Special Rapporteur emphasizes that the search for accountability and justice should include other means, including political, diplomatic, financial, symbolic. Actions to celebrate and recall the life of Jamal Khashoggi have an important part to play in ensuring public accountability for his execution.


https://www.humanrightsfirst.org/press-release/un-khashoggi-report-call-action

https://www.aljazeera.com/news/2019/06/khashoggi-executive-summary-callamard-report-190619105102019.html


Cartooning in the doldrums? Cartooning Award 2019 seeks nominations!

June 19, 2019

Last week the New York Times announced that it would no longer carry [https://www.nytimes.com/2019/06/10/business/international-new-york-times-political-cartoons.html] political cartoons in its international edition. The outcry was loud but also accompanied by other voices such as on 16 June 2019 “The point is that globalisation and information technology have changed the business of cartooning. Cartoonists wedded to the old-school, in-house ways of the 20th century can throw tantrums about free speech as much as they like. If they do not recognise the way the world has changed – and is changing – then they will be left behind as their profession moves forward. History is not on their side. Just as 18th-century copperplate engravings were replaced by lithograph prints, and standalone caricatures were replaced by cartoons in 19th-century humour magazines, and they in turn by 20th-century newspaper cartoons, the web cartoon has well and truly arrived in the 21st century.“[http://theconversation.com/the-new-york-times-ends-daily-political-cartoons-but-its-not-the-death-of-the-art-form-118754]

In the meantime, Cartoonists Rights Network International seeks nominations for its twenty-fourth Courage in Editorial Cartooning Award. Read the rest of this entry »


UN Strategy and Plan of Action on Hate Speech launched

June 19, 2019

The Strategy and Plan of Action guides all United Nations entities, at Headquarters and in the field, to do their part to address hate speech. The Strategy and Plan of Action calls for stronger support to Member States as well as stronger engagement with private companies, civil society and media. It is consistent with and supports other key agendas of the United Nations, including the Sustainable Development Goals, the Sustaining Peace resolutions and the promotion and protection of human rights.  The Strategy provides ideas on how to address the root causes and drivers of hate speech and how to reduce its impact on societies.