ISHR’s report documents a disturbing pattern of intimidation and reprisals that must be addressed. Cases of intimidation and reprisals featured in the submission range from States maligning and stigmatising defenders to banning them from travel and detaining them. ‘Such reprisals violate human rights and fundamental freedoms that regional and international systems are obliged to promote and protect. Moreover, they also seriously impede bodies and mechanisms’ abilities to discharge their mandates effectively, threaten their integrity, and undermine the credibility of their work in the field of human rights’, said Adelaïde Etong Kame, ISHR Africa Programme Manager.
In Malawi and Cameroon, defenders engaging with the ACHPR are threatened, stigmatised, harassed and attacked. In Burundi, increased monitoring by regional and international human rights mechanisms has been met with increased risk, stigmatisation and harassment of defenders working with the mechanisms. In Mauritania, human rights defenders continue to be vilified by the government and accused of being terrorists. In Egypt, defenders engaging with the African human rights system have been maligned, intimidated, and detained.
The report also documents how recent hosts of ACHPR sessions, in particular Mauritania and Egypt, have hindered and restricted access to the sessions, through visa denials, intimidation, harassment, and undue restrictions at the sessions themselves. ..
ISHR’s submission also documents undue restrictions on accreditation, namely the case of the Coalition of African Lesbians (CAL), who have had their observer status to the ACHPR withdrawn, in violation of the rights of freedom of expression, association, and unhindered access to and communication with international bodies of CAL and its members, on discriminatory bases.
The primary duty to prevent and remedy reprisals lies with States—who must do more to prevent, investigate and ensure accountability for reprisals. ‘In that regard, the task for the Focal Point and the ACHPR is now to take up these cases and ensure they are addressed with the perpetrating governments. Otherwise, reprisals ‘work’ to dissuade engagement, and perpetrators will be emboldened’, said Etong Kame.
Participation, promotion and protection are the three watchwords that should guide the UN’s work on and with civil society, says a newly-released UN report. Offering examples of good practice within the UN system -which provide a baseline for a new UN strategy on civil society- and a range of recommendations, the report is timed to inform decision-making at the 44th session of the UN’s Human Rights Council.
On 31 May 2020 the ISHR discussed the new report of the UN on civil society: with countless recent examples of restrictive and repressive measures taken to silence or discredit civil society actors, the UN’s new report drawing together examples of some good practices across the UN, is timely. Re-stating the vital contribution of civil society actors, the report goes on to cite examples of good practices of UN entities engaging with and protecting civil society. The report recommendations – aimed at encouraging improvement across the UN system as well as by States – echo several which ISHR has consistently voiced .
ISHR’s Eleanor Openshaw said that good practice examples to inspire reform by the UN and States were valuable: ‘In days where we’ve seen journalists being arrested in Minneapolis and an increasing number of defenders murdered in Colombia – as just two such examples – we need States and UN bodies to revise and strengthen their practice to ensure the voice of civil society is heard and safeguarded.’…
‘The report contains examples where discussion between different stakeholders has been formalized and where their input is part of the process from policy inception to implementation,’ noted Openshaw.
One such example is the Inter-Agency Standing Committee (IASC), created by the UN General Assembly which styles itself as ‘a unique inter-agency forum for coordination, policy development and decision-making involving the key UN and non-UN humanitarian partners’. ‘This example of civil society having a seat at the table in recognition of the experience and expertise they bring to the issue makes more evident the lack of such opportunities in other spaces, particularly in human rights bodies,’ said Openshaw.
The report also highlights clear gaps. One of the key findings is the absence in 2/3 of UN mechanisms of means to contest restrictions on civil society participation or access to information. Whilst the report makes no explicit reference to Covid-19, having sought input prior to the onset of the pandemic, it does contain recommendations that speak to shifts in practice the pandemic has engendered.It notes how the impact of any modifications should be assessed to ensure civil society is not disadvantaged or disproportionately affected. This is one of several recommendations ISHR and other civil society have been making over time.
‘It’s great to see that the UN has reflected the recommendations of civil society groups such as ISHR, who have experience working with defenders and engaging with UN and regional organisations,’ noted Openshaw. ‘It’s but one example of civil society expertise adding value.’
The need for the UN to improve and make more consistent its work to promote, engage with and safeguard civil society has been a long-term call. The Secretary General made such a recommendation in his 2018 report on the Declaration on Human Rights Defenders, and again in his recent Call to Action for Human Rights. This new UN report was as a result of the request made by the Human Rights Council in 2018.
Lisa Schlein reported on 14 June 2020 that the U.N. Human Rights Council will be faced with many important issues left hanging when its 43rd session was suspended in March because of COVID-19. [see also: https://humanrightsdefenders.blog/2020/02/24/human-rights-defenders-issues-on-the-agenda-of-43rd-human-rights-council/] The 44th session, which opens today, will employ a so-called hybrid approach, with a mix of both real and virtual presentations. To ensure the safety of participants during this time of coronavirus, U.N. officials say social distancing measures will be strictly enforced. Delegations will have a reduced number of representatives attending the session and hundreds of side events by nongovernmental organizations will not take place on U.N. premises.
Presentation of reports and interactive dialogues on human rights issues will involve experts who are either physically present or speaking by video conference. Countries that will come under review include the Democratic Republic of the Congo, Mali, Ukraine, Libya, Afghanistan, and the Central African Republic.
One of the highlights of the weeklong meeting will be an urgent debate on institutionalized racism in the United States underlined by the killing of African American George Floyd while in police custody.
The ISHR states on this topic that it is committed to highlighting how the voices of the families of those killed by police in the U.S., including George Floyd, Breonna Taylor and Michael Brown, and the organisations supporting them are driving the UN to call for action to stop the killings and address deep-seated racism and inequality. This is necessary but not sufficient; we echo the call of the UN independent human rights experts and the Chair of the Committee on the Elimination of Racial Discrimination that ‘this is a time for action and not just talk’.
The international community has a critical role to play in advancing independent, expert inquiry into systemic racism in law enforcement in the U.S., starting with the uprising in Ferguson, Missouri, and the concerns of excessive use of force against protestors and journalists since George Floyd’s murder.
Geneva director of Human Rights WatchJohn Fisher calls this a moment of reckoning for the United States. He said the event will likely be used by some countries to advance their own agendas. “We are also very concerned that China is seeking to exploit this moment of global chaos and the disarray within the U.S. to crack down on rights and freedoms in Hong Kong … And, we are calling upon states to take this moment to bring more attention to Hong Kong, as I mentioned. We feel this is a time when China will be watching the international response, and, if that response is muted, will feel emboldened to go even further down the track,” he said.
At the end of the week, the council will take action on decisions and the adoption of more than 40 resolutions. They include recommendations on improving human rights in countries such as Libya, Iran, Nicaragua, South Sudan, and Myanmar.
In a statement, Senator Francis Pangilinan said “The silencing of critics and the attacks on the media has been going on for three years now,” he said. “And unless we stand up, speak out, and vigorously oppose the tyranny in our midst, their conviction will not be the last” he added… Ressa and Santos are the first journalists to be found guilty of cyber libel.
In this context ABS-CBN was forced off the air after its television and radio broadcast operations nationwide were ordered shut a day after its 25-year-franchise expired.
Detained Senator Leila de Lima joined her colleagues in condemning Ressa and Santos’ conviction, saying it was “another demonstration” of the Duterte administration’s “weaponization of law against those who dare speak truth to power.” “Jailing me for over three years now is only one of the thousand sinister ways they are causing fear in the hearts of Filipinos who fight for what is just and right,” the senator said in a dispatch from Camp Crame. [see also: https://humanrightsdefenders.blog/2018/07/30/senator-de-lima-in-detention-in-philippines-receives-her-award/]
Meanwhile, former Senator Antonio Trillanes IV said the guilty verdict against the Rappler CEO was an “obvious attack” against press freedom and an “attack against our democracy itself.” “We are now but a few steps away from Martial Law,” Trillanes, who has been critical of the Duterte administration, said in a statement.
Meanwhile in June 2020 a film on Maria Ressa won a film award:
Families hold photographs of missing loved ones during a protest in Colombo, Sri Lanka’s largest city, in February 2020. (TNH)
Rights groups are warning of a crackdown on dissent and rising authoritarianism in Sri Lanka, raising fears for the future of long-stalled civil war reconciliation efforts. Since President Gotabaya Rajapaksa took office after November elections, local rights activists have reported a rise in surveillance by state security forces, threats, and other measures more common during the country’s 26-year civil war, which ended in 2009, as well as its aftermath. A long piece in the New Humanitarian of 10 june 2020 gives the details:
“Surveillance has always been there, but since the election what we have seen is that it’s more open and more rampant,” said Shreen Saroor, a women’s rights activist…
Human Rights Watch says Rajapaksa is re-establishing a “state of fear” in Sri Lanka, citing interviews with dozens of activists and journalists. Many local journalists say they are self-censoring as threatening phone calls and other pressures escalate, acutely aware of the country’s history of unsolved murders and abductions. At least two reporters have already fled the country, according to the Committee to Protect Journalists.
In February, Sri Lanka announced it was backing out of commitments made to the UN Human Rights Council in 2015 by a previous administration. These promised a range of measures to investigate abuses during the civil war. ..
[see also: from my blog post https://humanrightsdefenders.blog/2020/02/24/human-rights-defenders-issues-on-the-agenda-of-43rd-human-rights-council/ Sri Lanka: Civil society groups are concerned over the backsliding on the commitments made by Sri Lanka in Human Rights Council Resolution 30/1. The recently elected president, Gotabaya Rajapaksa, along with his brother Mahinda Rajapaksa, who has been appointed prime minister, have been implicated in war crimes and numerous human rights violations when they were defence secretary and president respectively from 2005 to 2015. The new Government has made clear its intention to walk away from the Council process on Sri Lanka, a process that is currently the only hope for victims of human rights violations that truth, justice, reparations, and guarantees of non-recurrence are possible. [see https://www.nwaonline.com/news/2020/feb/23/sri-lanka-details-un-case-pullout/] Meanwhile, the relatively open climate for human rights defenders and journalists of the past few years seems to be rapidly closing. More than a dozen human rights and media organisations have received intimidating visits by members of law enforcement and intelligence agencies, while death threats against journalists have resumed. ISHR calls on States to urge for continued cooperation of the Government of Sri Lanka with OHCHR and the Special Procedures. The Council should reiterate the reference in Resolution 40/1 to “the adoption of a time-bound implementation strategy” for implementation of all elements of Resolution 30/1. [see also: https://humanrightsdefenders.blog/2020/01/22/sri-lankan-government-accused-of-embarking-on-process-to-silence-critics/]
And, this month, Rajapaksa created two “task forces” with vague mandates, which rights groups fear could operate parallel to existing institutions. One, a body created to combat “anti-social activities”, is led by security and intelligence officials. Another task force mandated to protect cultural heritage appears to exclude non-Buddhists and non-Sinhalese. Rajapaksa’s first six months in office, the International Crisis Group said in a May report, have been “aggressively Sinhala nationalist, family-centred, and authoritarian”.
….“All these years of looking for justice would be then wasted,” said Yogeshwari, 45, whose husband disappeared 15 years ago.TNH Families of Sri Lanka’s missing thousands fear the government is aiming to curb investigations into unsolved civil war disappearances.
In announcing his country’s withdrawal from its UN Human Rights Council commitments in February, Sri Lanka’s foreign minister, Dinesh Gunawardena, said the previous pledges would infringe on “the sovereignty of [the] people of Sri Lanka”…
A government body tasked with investigating disappearances, the Office on Missing Persons (OMP), didn’t begin its work until 2018. It’s effectively the only government body actively working on reconciliation issues. Ruki Fernando, an advisor with Inform, a Colombo-based human rights documentation centre, expects the Rajapaksa government to take a similar line domestically by clipping the OMP’s powers. “It is not about shutting them down,” Fernando said. “It is more about making them administratively limp.”…
Saroor believes the Rajapaksa government will likely ramp up its stance against investigations and reconciliation efforts. “Sri Lanka transitional justice and truth-seeking will come to a standstill,” she said.
This piece was reported by a freelance journalist whose name is being withheld over concerns for their safety.
The video of the gruesome murder of George Floyd ignited protests around the world in solidarity against racism and white supremacy supported by the government and enforced by police. But we know for every video of police violence, there are many deaths that were not recorded that still deserve our attention and support.
Founded on the power of video to bring attention to the breach of human rights during the Rodney King arrest, beating, filming, and subsequent uprising 28 years ago, WITNESS continues to train and guide people to use their cell phone video camera to record incidents of human rights abuse, then share it with the media and justice system to prosecute wrongdoers.
Today, the systems and patterns of police abuse are as rampant as ever. What has changed is our collective ability to document these moments.
We help people document state violence, push for accountability, and implement structural change. In the past few weeks, we’ve seen a spike in demand for our guidance on how to shoot and share footage of police violence safely, ethically, and effectively. Our tips continue to inform ethical and strategic filming of police misconduct and protests. Video is a tool to show violence. But more importantly, it’s a tool to show patterns. It forces the broader public to pay attention, and authority to change. We have seen commitments from local and state leaders and we encourage more people around the world to break down military and police power. And to film it. Ambika Samarthya-Howard Head of Communications WITNESS
The European Court of Human Rights (ECHR) ruled that France violated the freedom of expression of pro-Palestinian activists who were convicted of campaigning for a boycott of Israeli products and pressuring that country to end the occupation of Palestine.
The ruling refers to a 2009 French justice conviction against 11 activists from the BDS (Boycott, Divestment and Sanctions) movement for “economic discrimination” for protesting and distributing leaflets against Israeli products in a supermarket in eastern France.
BDS has called for boycotts against Israeli companies, universities and cultural institutions in what it says is a non-violent campaign against Israeli abuses in Palestine, while Israel claims that the movement masks attempts to delegitimize or destroy the Jewish state.
“This important court ruling is a decisive victory for freedom of expression, for human rights defenders and for the BDS movement for Palestinian freedom, justice and equality,” said Rita Ahmad of the Palestinian-led movement. Most of the international community considers Israeli settlement in the West Bank illegal.
The ECHR ruling orders the French government to pay € 101,000 in general damages to the activists, as the criminal conviction “had no relevant and sufficient basis” and violated the freedom of expression of the protesters. The French government has three months to appeal the decision
Israel promotes a number of legislative initiatives against BDS abroad, particularly in the United States and Europe. The United States House of Representatives passed a bipartisan resolution last year condemning the boycott of Israel as detrimental to peace efforts. The German Parliament passed a resolution last year describing the movement’s methods as “anti-Semitic” and reminiscent of Nazi-era calls to boycott Jews. BDS activists deny the charges of anti-Semitism and say discrimination laws have been used to unfairly attack them. See also: https://humanrightsdefenders.blog/2019/09/25/revoking-of-kamila-shamsies-dortmund-book-award-is-fiercely-contested/
Amnesty International expressed hope that the ruling “will send a clear message to all European states that they must stop the prosecution of peaceful activists.”
On 12 June 2020 the Oak Institute for Human Rights announced as the 2020 Oak Human Rights Fellow: Nasim Lomani, a human rights defender and migrants’ rights activist, who has been working in Greece and across the EU for over a decade.
As a then 16-year-old Afghanistani, Lomani left for Greece nearly two decades ago. Upon arrival, he was arrested and charged with illegal crossing of the Greek border, ultimately serving a two-year prison sentence. During the process of appealing to the court for having his rights as a refugee abused and violated, he learned about the bureaucratic difficulties that all migrants face while trying to enter Europe. He joined a number of solidarity groups, such as the Network for Social Support to Immigrants and Refugees and the Migrants’ Social Center in Athens, where he coordinated free language classes and the Athens Anti-racist Festival. He also engaged in solidarity work that involved lawyers, human rights defenders, as well as refugees and migrants.
In Greece, Lomani, founded City Plaza – Refugees Accommodation Solidarity Space in Athens – where he organized daily life for migrants, managed media communication, coordinated international volunteers, and served as the public representative to researchers, students, and academics. City Plaza, once one of the largest solidarity migrant accommodations in Athens, was an abandoned hotel in central Athens repurposed to offer migrants the right to live in dignity in the urban space with access to social, economic, and political rights. Lomani lived inside the now-closed City Plaza for the entirety of its existence. Over almost three and half years, it welcomed 3,000 people, lodging up to 400 at a time. The story of City Plaza is known as an example of self-organization, self-management, and everyday processes to help empower refugees. In essence, it was a political statement against Europe’s use of militarized borders, repression, and systematic violation of human rights and refugees’ rights.
Lomani was also involved in organizing the largest NoBorder refugee and migrant solidarity camp to date, leading to the closure of the Pagani Detention Center on Lesvos island in 2009.
Lomani is at increasing risk, as migration solidarity work and defending human rights in Greece, and Europe at large has been criminalized in recent years. Helping refugees and criticizing the human rights violations by authorities is now a major offense by both national and European law. In Greece, this has led to large-scale evictions of housing sites for refugees and asylum seekers and to increasing arrests and trials of activists on the ground.
Lomani has been active in the human rights field since he was a child, so the Oak Fellowship will come as a much-needed respite.
Established in 1997 by a grant from the Oak Foundation, the Oak Institute for Human Rights hosts a Fellow each year. The fellowship offers an opportunity to spend the fall semester in residence at Colby, where they teach, conduct research, and raise awareness about important global human rights issues.
On 11 June 2020 Visiting Fellow William Burke-White posted on the website of Brookings an informative piece “Order from Chaos” in which he reviews the danger of Trump’s new sanctions on the International Criminal Court and human rights defenders. It is worth reading and studying in full….:
In March, the Appeal’s Chamber of the International Criminal Court (ICC) authorized an investigation of potential war crimes alleged to have occurred more than a decade ago in Afghanistan, including those by the United States. While the U.S. military under President Obama did conduct investigations of its activities in Afghanistan, there remain concerns that those investigations did not go far enough up the chain of command and did not adequately include conduct by the U.S. intelligence community. In a post on this blog just after the decision, I argued that the Trump administration’s threats to prevent such a case may have actually pushed the court toward such an investigation.
Today, the Trump administration issued unprecedented sanctions against the ICC, as well as the international lawyers and human rights investigators involved in the case. This sanctions regime is fundamentally misguided. It will do little to stop the ICC’s investigation, erodes the U.S. longstanding commitment to human rights and the rule of law, and may undermine one of the most powerful tools in the U.S. foreign policy arsenal — economic sanctions.
What emergency? In a moment of real national emergencies — ranging from the COVID-19 pandemic, to police misconduct, to the highest unemployment rate in a generation — the fact that President Trump, in an executive order on June 11, “declare[d] a national emergency to deal with” the threat posed by the ICC investigation in Afghanistan seems almost farcical. An underfunded court with relatively little to show for two decades of work trying to end impunity would likely be surprised to learn that, in Trump’s view, it has the power to “impede the critical national security and foreign policy work of United States Government and allied officials, and thereby threaten the national security and foreign policy of the United States.” Admitting that a duly authorized investigation of U.S. conduct in Afghanistan constitutes such a threat is both a recognition of the power of international law and a suggestion that the U.S. has something to hide.
Of course, declaring a national emergency is a necessary precondition for the sanctions imposed on the ICC and its officials. While the U.S. has had a complicated history with the ICC — from President Bill Clinton’s signing of its founding treaty to President George Bush’s early efforts to undermine the court — the new sanctions go further than any past U.S. actions in their direct attack on the ICC and its staff. Bush’s “unsigning” of the Rome Statute was largely symbolic. So, too, was the American Service members Protection Act that threatened to invade the Netherlands to rescue any U.S. citizens that might be prosecuted in The Hague.
In contrast, today’s sanctions directly target individual international lawyers and investigators working for a legitimate international organization undertaking lawful actions under its statute. More specifically, today’s sanctions seize the property of to-be-designated ICC officials who undertake investigation or prosecution of U.S. personnel and any other foreign nationals who are deemed to have assisted such efforts. So too, the new sanctions prohibit the entry into the United States of such individuals and their immediate family members.
The sanctions language is sufficiently broad that it could, in theory, apply to a victim or witness who provided information incidental to the court’s investigation or an academic whose scholarship the court relied upon in framing a legal argument. This new sanctions regime draws strong parallels to those imposed by the U.S. in the past against terrorist groups, dictators, and human rights abusers. Those same sanctions are now turned on international lawyers and human rights defenders.
The sanctions imposed today on ICC officials are unlikely to achieve Trump’s objective of blocking the investigation of U.S. conduct in Afghanistan. If anything, the sanctions will redouble those efforts. Unlike most corrupt dictators or terrorist organizations, individuals who choose to work for the ICC or in international human rights more generally are motivated by conscience, not wealth. They rarely have significant assets in U.S. bank accounts or meaningful real property for the U.S. to seize. Similarly, the foreign victims of crimes in Afghanistan who might testify before the ICC are not likely to have assets subject to seizure.
Hence, the threat of such a seizure under this new sanctions regime will do little to deter investigation or cooperation. Even blocking ICC employees from entering the U.S. will have minimal impact. Effective investigation of crimes in Afghanistan more than a decade ago does not require on-the-ground presence in the U.S. today. In fact, given the moral compass of most human rights advocates and international criminal prosecutors, treating them like terrorists under this new sanctions regime will more likely be a call to action under the law than an effective threat.
This new sanctions regime is a direct affront to international human rights and, particularly, individuals who have dedicated their lives to enforcing international law and ending impunity. President Trump has a long history of attacking international institutions that he doesn’t like. His recent criticisms of the World Health Organization are case in point. This new attack on the ICC is, however, different because it targets not just another international institution, but also the individuals who work for that institution. As such, it is an effort to directly sanction human rights defenders and officials of international justice for doing their jobs. The new sanctions regime seeks to punish those individuals, working for an international organization created by a treaty the United States signed in 2000, and undertaking a legal investigation authorized by a panel of international judges. It flies in the face of every U.S. and international effort to protect human rights defenders and offers a powerful example for despots around the world to follow suit.
Other, better tools
Finally, the use of U.S. sanctions against ICC personnel is a dangerous step toward undermining one of the most powerful and important tools of U.S. foreign policy — international sanctions. In a world where the use of force is difficult and often ineffective, carefully crafted and strategically applied sanctions are a key tool of U.S. power. For sanctions to work, however, they must be used judicially and viewed as broadly legitimate. Overuse of sanctions creates incentives for actors to find work-arounds to avoid the pain. Sanctions that are seen as illegitimate fail to garner international cooperation for enforcement and compliance. Applying tough sanctions against the personnel of an international organization undermines their efficacy and legitimacy for times when they could actually advance U.S. national security.
So, what should Trump have done instead? Simply investigate and prosecute any crimes that the U.S. may or may not have committed in Afghanistan years ago. The Rome Statute of the ICC makes clear that the court is a backstop to national prosecutions and that it will not investigate or prosecute when national governments have held themselves and their soldiers accountable. If the U.S. did nothing wrong in Afghanistan, it could simply submit to the ICC evidence of a genuine investigation with respect to both military and intelligence agency activities that reached that conclusion. And if there are violations of the laws of war in Afghanistan that have yet to be adequately investigated and prosecuted, then the U.S. has a legal and moral duty to ensure that those perpetrators are held accountable. To do so would uphold the rule of law and provide a concrete step toward renewing America’s human rights leadership.
The statement addresses several issues, including:
the right to health;
the rise of stigma and discrimination and scapegoating of LGBTI persons;
access to housing, water and sanitation;
the right to work and impacts on livelihood; and
civic space restrictions.
While acknowledging that actions to combat the COVID-19 pandemic are urgent and necessary, signatories of the statement urge UN Member States and stakeholders to ensure that international human rights obligations are complied with, and specific vulnerabilities of LGBTI persons are taken into account, during the implication of such emergency response measures.
Five key recommendations to States and stakeholders are included in the statement, including:
ensure accessibility of health care and services to every person, including sexual and reproductive health, without discrimination of any kind;
comply with international human rights laws and standards when implementing emergency measures, following requirements of legality, necessity, proportionality and non-discrimination, including on the basis of sexual orientation, gender identity and expression and sex characteristics (SOGIESC);
guarantee that shelters are inclusive for all persons regardless of their SOGIESC and implement measures allowing LGBTI persons to report violence and discrimination suffered in a private context, including at homes and shelters;
ensure that emergency measures to address the socio-economic impacts of the pandemic, as well as recovery plans, are inclusive to LGBTI persons – especially to trans, older and homeless LGBTI persons; and
ensure access to national, regional and international systems of accountability. States and stakeholders should implement lines of action designed to sustain and ensure the continuity of the engagement of civil society and human rights defenders in UN bodies and mechanisms.
In its conclusion, the statement urges authorities ‘to ensure that this public health emergency will neither exacerbate existing misconceptions, prejudices, inequalities or structural barriers, nor lead to increased violence and discrimination against persons with diverse sexual orientation, gender identity and expression and sex characteristics.’