Author Archive

Profile of Human Rights Defender Angélica Choc from Guatemala

October 10, 2018

The is the profile of indigenous Human Rights Defender Angélica Choc from Guatemala. Another in the series recently published by European External Action Service (EEAS) in the context of the 70th anniversary of the adoption of the Universal Declaration of Human Rights. [see: https://humanrightsdefenders.blog/2018/10/04/chia-wei-chi-first-in-series-of-videos-by-european-external-action-service/]. 

Human Rights Defenders- Angélica Choc- Guatemala

Profile of Human Rights Defenders: Godfrey Malembeka – Zambia

October 9, 2018

The is the profile of Human Rights Defender Godfrey Malembeka from Zambia who works for the rights of prisoners and prison reform. Another in the series recently published by European External Action Service (EEAS) in the context of the 70th anniversary of the adoption of the Universal Declaration of Human Rights. [see: https://humanrightsdefenders.blog/2018/10/04/chia-wei-chi-first-in-series-of-videos-by-european-external-action-service/]. 

https://eeas.europa.eu/topics/human-rights-democracy/51717/human-rights-defenders-godfrey-malembeka-zambia_en

Václav Havel Human Rights Prize 2018 awarded to Oyub Titiev

October 9, 2018

 

The sixth Václav Havel Human Rights Prize – which honours outstanding civil society action in defence of human rights – has been awarded to the head of the Grozny office of the Memorial Human Rights Center in Chechyna, Oyub Titiev (Russian Federation). The prize was presented at a special ceremony on 8 October 2018 at the Palais de l’Europe in Strasbourg, on the opening day of the autumn plenary session of the Parliamentary Assembly of the Council of Europe (PACE).[see: https://humanrightsdefenders.blog/2018/01/15/chechen-human-rights-defender-oyub-titiev-arrested-on-trumped-up-charges/ ]

Oyub Titiev, in detention since January 2018, is a prominent human rights defender and head of the Grozny office of the Memorial Human Rights Center in Chechyna. In this capacity, Mr Titiev succeeded Natalia Estemirova, murdered in 2009, and has made a widely recognised contribution to the defence of human rights in the region by reporting on abuses by the local authorities. Mr Titiev being in detention, the prize was presented to Aleksandr Cherkasov, Chairman of the Memorial Human Rights Centre Board.

We are fully aware of the difficulties that Mr Titiev and his colleagues face. This prize is a recognition of the work he and Memorial are doing,” the PACE President said. “It is also a message to all those who work in this region to affirm the principles of the rule of law and human rights. Keep up the good work, you can count on our support, Liliane Maury Pasquier added.

The two other shortlisted nominees – Rosa María Payá, a young Cuban democracy and human rights activist [see: https://humanrightsdefenders.blog/2016/06/08/rosa-maria-paya-carries-on-the-work-of-her-father-in-cuba/], and Nabeel Rajab, a prominent democracy and human rights defender in Bahrain [https://humanrightsdefenders.blog/tag/nabeel-rajab/ ] – also received diplomas during the ceremony.

Fo amor on this and other awards see: http://trueheroesfilms.org/thedigest/awards/vaclav-havel-prize-for-human-rights-pace

http://assembly.coe.int/nw/xml/News/News-View-EN.asp?newsid=7218&lang=2

https://www.amnesty.org/en/latest/news/2018/10/russiaunfairly-jailed-human-rights-defender-honoured/

ProtectDefenders is seeking an experienced manager for its Brussels office: 15 October deadline!

October 9, 2018

ProtectDefenders.eu is the EU Human Rights Defenders mechanism, established to protect Human Rights Defenders (HRDs) at high risk and facing the most difficult situations worldwide. The mechanism is implemented by a Consortium of 12 international NGOs with the support of the European Commission. The EU HRD mechanism began its operations on 1st October 2015 for a duration of 36 months, this project has been extended by another year, with the possibility of renewal for 3 years in 2019.

ProtectDefenders.eu is seeking to recruit an experienced manager to run the Secretariat of the mechanism in Brussels and to ensure coordination of the project implementation and all related financial and narrative reporting. This is an exciting opportunity for an experienced manager with strong communication skills who will play a crucial role in the successful implementation of the project.

…..

  • Tasks & General Responsibilities:

    The HoS reports directly to the Chair of the Board of ProtectDefenders.eu. She/He works under the supervision and management of the Board with the assistance of other Secretariat staff members: she/he coordinates effectively all elements of the mechanism so as to help deliver the commitments of the Consortium in an efficient and effective manner; provides overall representation of, and coordination between, Consortium members; ensures liaison with the EU Commission, EEAS, EP and other external actors; manages the Secretariat and its staff.

……

  • Experience/knowledge:
    •   Masters Degree in International Relations, Human Rights, Law or other related field
    •   Minimum of five years of successfully managing the implementation of complex projects, ideally

      EU funded projects, preferably with an international NGO

    •   Demonstrated experience in developing and managing large budgets, with preference for previous

      experience with a Consortium or a network.

    •   Experience in working on projects funded by major international donors, with preference for

      previous experience with EU.

    •   Strong coordination/negotiation skills with the ability to effectively coordinate among partner

      organisations and with diverse partners and stakeholders

    •   Understanding of the security and protection of human rights defenders around the world.

      Skills:

    •   Excellent oral and written English language skills, French or Spanish requested
    •   Strong management skills
    •   Strong analytical skills
    •   Strong interpersonal and communication skills.

      This position will be available to begin from November 2018. The initial contract is a fix-term contract up to December 2019. The Head of Secretariat will be based in ProtectDefenders.eu Secretariat in Brussels. The Head of Secretariat should have the necessary permit to work in the EU. The gross monthly salary for the position is €4.100 with lunch vouchers, transportation costs, health insurance coverage and retirement plan.

      Applications comprising a CV with at least two references and a cover letter should be sent by email to recruit@protectdefenders.eu by October 15th 2018. Interviews will be planned in the week of the 22nd of October.

Jestina Mukoko’s 150.000 $ triumph in Zimbabwe: gives hope to all torture victims

October 8, 2018
In a rare case of triumph over impunity, the Zimbabwean High Court, on 27 September 2018, ordered the state to pay $150 000 to Jestina Mungareva Mukoko, a pro-democracy campaigner and Director of Zimbabwe Peace Project (ZPP). In a Deed of Settlement endorsed by the High Court, the defendants have been ordered to pay $100.000 to Jestina in respect of her claims while a further $50.000 will be paid as a contribution towards her legal costs (before 31 October 2018).

This exceptional decision was welcomed by many NGOs, including the Zimbabwe Peace Project (ZPP) and Zimbabwe Lawyers for Human Rights (ZLHR).

My good friend and long-time Zimbabwean human rights defender Arnold Tsunga said the following: “I think it’s a very good resolution of the case. The damages are significant but the case was also quite serious including the torture meted out on Jestina that the damages seem to fit the case. In a way it’s a double benefit in that the abduction and torture resulted in criminal case against her collapsing and on top of that she gets paid. Hopefully the security sector have learnt a lesson. It is also good that the judiciary is getting stronger and confident to pronounce itself this way“. Especially the latter is an important outcome!

ackground Information (Jestina Mukoko Triumph: The Facts):
Jestina was abducted by some unidentified armed men from her home in Norton on 3 December 2008, and her whereabouts together with two ZPP employees Broderick Takawira and Pascal Gonzo, who were also abducted later in December 2008 remained unknown until December 24, 2008, when they first appeared before the Harare Magistrates Court, after weeks of being held incommunicado and being tortured. In court, Jestina and her colleagues and dozens of other pro-democracy campaigners were accused by government of plotting to topple Robert Mugabe’s administration through recruiting people to undergo military training in neighbouring Botswana. After her release from a torturous three months stay in prison, Mukoko with the assistance of her lawyer Beatrice Mtetwa, a member of ZLHR, took legal action against the state.

In September 2009, the Supreme Court granted a permanent stay of prosecution in favour of Jestina due to the violation of several of her fundamental rights by state security agents as she had been subjected to torture and inhuman and degrading treatment including simulated drowning, being locked in a freezer and being subjected to physical assaults as her tormentors tried to make her confess to plotting to overthrow the administration of Zimbabwe’s former leader Robert Mugabe.

In 2017, the High Court ruled that those who had illegally arrested her could be held liable in their own individual capacities and the case culminated in lengthy protracted negotiations that have led to this outcome. During this time, Jestina was called different names such as ‘regime change agent, reactionary and other unprintable words in a bid to delegitimise her legitimate human rights activism. She was portrayed as a criminal, a tag which remains today but this settlement in the court vindicates her and her work in defending human rights.

Jestina Mukoko herself added the following piece on the Significance of my case” (which I reproduce almost in full as it is such a good lessons learnt):

..The patrimonial settlement cannot atone for the trauma and suffering that I suffered and went through at the hands of the state security agents who were ruthless, merciless and very evil. It will not make for lost time as my liberty and all other human rights accorded to me by virtue of my being human was unjustifiably curtailed nor will it provide solace for my traumatised family – my mother, son, brothers, sisters in law, extended family, friends and other peace loving citizens.

However, it is a victory for the rule of law, constitutionalism and a mortal blow to impunity. The High Court’s decision is proof that the justice system is still able to prove the involvement of the state and its representatives in gross human rights violations, and bring them to account, with justice being done for the victims like myself.

It sets a landmark precedent and shows that the state actors can be held accountable for their illegal conduct. It also sends a message to the overzealous enforcers of orders and in this case very illegal orders to violate a plethora of my rights that they will be held responsible for their actions and this can even be in their personal capacity.

I hope my story will inspire many other victims. To some extent, justice has now been done and this case will stand as an example in the continuing fight against impunity for state crimes and excesses.

My resort to litigation and the subsequent victory in court sends a strong signal that state sponsored crimes cannot go unpunished.

It is also an encouragement to human rights defenders that the dangers of their work will not be in vain. I hope this case will embolden younger activists to pursue social justice in the comfort that they can rely on this case to hold the state or anyone accountable who may threaten their liberties. It is also a vindication of the advocacy work done by all human rights activists and those who have invested in promoting and protecting human rights that even though the fruits of this cumbersome and often arduous journey may come late , they eventually come. This is a victory for everyone who has been in the trenches with me and who has walked this risky journey of human rights work.

I hope that this victory will set an example, particularly to the Zimbabwean authorities, who must now prosecute the perpetrators of abductions and enforced disappearances which is a heinous crime.

The High Court’s decision sends a clear signal to the Zimbabwean authorities, who must do everything in their power to guarantee victims access to impartial justice and to put an end to the endemic impunity that is enjoyed by torturers and the perpetrators of serious human rights violations.

This settlement comes at a time when the Commission of Inquiry into Post Election Violence set by President Emmerson Mnangagwa has started its work to establish the facts around the circumstances that led to the death of six people on 1 August 2018 in Harare after members of the Zimbabwe Defence Forces opened fire against protesters. It must be established whether the force used by members of the Zimbabwe Defence Forces was proportionate to the threat posed by unarmed protesters. It must also be established whether in doing so they overstepped their mandate and therefore should be held liable or the state vicariously liable. This case must form the basis for national rejection of all forms of impunity and the same principles must be followed by the Commission of Inquiry into Post Election Violence.

In conclusion, I, Jestina through the Zimbabwe Peace Project, which plays a critical role in documenting human rights abuses, will continue to join hands with other civil society organisations such as ZLHR to champion human rights in the post-Robert Mugabe era without fear or favour. The journey to full implementation of the Constitution and compliance with the supreme law of the land continues.

https://www.zoomzimbabwe.com/2018/10/05/high-court-awards-jestina-mukoko-150000-in-damages-for-state-torture/

See also: https://humanrightsdefenders.blog/2015/03/08/zimbabwe-celebrates-by-arresting-2-women-per-day-over-the-last-two-years/

Indigenous human rights defenders up against mining giant BHP

October 8, 2018
 AGM Protest Credit: London Mining Network
AGM Protest Credit: London Mining Network

Independent Catholic News of 4 October 2018 carries the following story on the London Mining Network 12-20 October 2018:

“I am Misael Socarras Ipuana, of the Wayuu People. I live in the north of Colombia, in the peninsula of La Guajira, in the community of La Gran Parada. I am a human rights defender, indigenous communicator, director, cultural expert and leader of my community. I am 48 years old, married according to the traditions of my people to Moncia Lopez Pushaina. I have six children, for whom I struggle daily to give them a better future, free of contamination and mining. We want to be autonomous in our territories, free and able to enjoy Mother Nature without restrictions or fear.”

Misael is one of the five human rights and environmental defenders joining the London Mining Network for a week of action 12-20 October around the annual shareholder meeting of BHP Billiton, the world’s largest mining company. He will be speaking at events, meeting anti-coal campaigners in County Durham and holding BHP executives to account.

The London Mining Network, which highlights justice, peace and environmental issues related to extractive industries, is supported by religious and missionary groups with experience of the problems in countries where they work. Most of the world’s biggest mining companies, and many smaller mining companies, are listed on the London Stock Exchange, and on its Alternative Investment Market (AIM).

Communities all over the world are rising against mining violence and building alternatives that offer truly-sustainable futures, assert people’s rights and are deeply rooted in custodianship of land and water. This week of action will be an opportunity to explore this resurgence. They call for the UK government to commit to a Binding Treaty on Business and Human Rights to end corporate impunity.

As the world’s largest multinational mining company, Anglo-Australian-owned BHP’s AGM is an important moment to build these arguments. BHP’s record of forced displacement, dispossession and catastrophic environmental damage stretches back decades. The company is so powerful it is seldom held to account for this devastation, while indigenous, Afro-descendant and peasant communities are hardest hit.

see also: https://humanrightsdefenders.blog/2018/04/28/2018-latin-america-still-the-graveyard-for-environmental-human-rights-defenders/

https://www.indcatholicnews.com/news/35749

Joint Statement by NGOs: Ukraine should address attacks against Human Rights Defenders

October 8, 2018

On 3 October 2018 a number of NGOs published a Joint Statement on Ukraine deploying the many attacks against Human Rights Defenders:

More than 50 attacks on activists and human rights defenders in Ukraine have been recorded by local human rights organisations in just the last nine months, Amnesty International, Human Rights Watch, Freedom House and Front Line Defenders said today. Those under attack include people working to defend the rights of lesbian, gay, bisexual, and transgender (LGBT) people, protect the environment, and campaign against corruption. 

The organisations criticised the lack of effective investigations into these incidents and of prosecutions of those responsible, which heightens the risk to human rights defenders and sends a message that the authorities tolerate such attacks and assaults. Recently, the prosecutor general suggested that civil society activists brought the attacks on themselves <https://www.pravda.com.ua/news/2018/09/27/7193378/&gt;  for criticising the authorities, giving an impression that human rights defenders can be openly targeted.

In most cases, the attacks have targeted individuals or groups that campaign against corruption in the local community, shine a light on the operation of local government and businesses, or defend people’s rights. The purpose of such attacks is clear: to silence activists and human rights defenders and to discourage others from speaking out against injustice and standing up for human rights. 

Two recent examples of the kind of vicious attacks that have yet to be effectively investigated took place on 22 September, in Odessa and Kryvyi Rih. Oleh Mikhaylyk, an anti-corruption activist, was shot in Odessa, in southern Ukraine, and remains in the hospital. Mikhaylyk had campaigned with the Syla Lyudei (People’s Power) movement against illegal construction in Odessa. Three hundred kilometers away, in Kryvyi Rih, unidentified assailants broke into the home of Artem Moroka after he criticised the local police on Facebook. The assailants severely beat him, breaking his nose, Moroka told Ukrainian human rights monitors.

In June, an environmental activist, Mykola Bychko, was found dead under suspicious circumstances in a village in Kharkiv region. Villagers found Bychko hanged in the woods near the village of Eskhar on June 5. The local police initially started a suicide investigation, but have yet to investigate the possibility that he was killed in connection with his activism. At the time, Bychko was documenting the pollution of a local river, allegedly caused by a nearby waste treatment plant.  A lawyer representing Bychko’s family questioned the conduct of the local police for ignoring the possibility that this was an intentional killing, and for allegedly intentionally delaying the investigation. The lawyer told Freedom House that police lost relevant evidence from the site where Bychko’s body was found, such as the rope from the improvised gallows. The authorities have also not pursued allegations that Bychko had received threats related to his documentation work, such as questioning people from the waste treatment plant. 

On July 31, an unidentified assailant threw acid on Kateryna Handzyuk, a local council member who monitored police activities, in Kherson. ……….

The Ukrainian authorities should take effective steps to prevent further threats and attacks against activists and human rights defenders, and ensure prompt, thorough, impartial and independent investigations into such threats and attacks and bring those responsible to justice in fair trials. 

The Interior Ministry, the National Police, the prosecutor general’s office, and other relevant institutions should explicitly recognise the important work of human rights defenders in protecting human rights and uncovering corruption. The authorities should publicly denounce any threats and attacks against human rights defenders. They should take decisive measures to ensure that government critics can work in a safe and enabling environment in which they can exercise the rights to freedom of expression, peaceful assembly and association, and conduct their activities without fear of reprisals. 

https://www.frontlinedefenders.org/en/statement-report/ukraine-address-attacks-against-activists-and-human-rights-defenders

https://freedomhouse.org/article/ukraine-address-attacks-against-activists-and-human-rights-defenders

Click to access EUR5092012018ENGLISH.pdf

 India: attacks on human rights defenders abound under Unlawful Activities Prevention Act

October 7, 2018

I recently wrote about India’s shameful place in the list of countries that practice reprisals [https://humanrightsdefenders.blog/2018/09/22/attack-on-human-rights-defenders-in-india-are-an-attack-on-the-very-idea-of-india/]. On 5 October 2018 this was followed by a joint statement by a large number of UN experts (Mr. Michel Forst, Special Rapporteur on the situation of human rights defenders; Ms. Fionnuala D. Ní Aoláin, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Mr. Fernand de Varennes, Special Rapporteur on minority issues; Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Ms. Ivana Radacic (Chair), Ms. Meskerem Geset Techane (Vice Chair), Ms. Elisabeth Broderick, Ms. Alda Facio, Ms. Melissa Upreti, Working Group on the issue of discrimination against women in law and in practice; Ms. E. Tendayi Achiume, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance; Mr. Seong-Phil Hong (Chair), Ms. Leigh Toomy (Vice-Chair), Ms. Elina Steinerte (Vice-Chair), Mr. José Guevara, Mr. Setondji Adjovi, Working group on arbitrary detention) saying that India uses terrorism charges as a pretext to silence human rights defenders

The UN human rights experts did so in the context of terrorism charges – under the Unlawful Activities Prevention Act (UAPA) – laid against 10 human rights defenders working with India’s poorest and most marginalised communities, including the Dalits, and urged authorities to ensure their cases are promptly heard in line with international law. All were arrested in June in connection with investigations into a public meeting organised a day before the 200th anniversary of the commemoration of a battle at Bhima-Koregaon, an important cultural event and a symbol of Dalit empowerment. Police subsequently claimed that the human rights defenders had links with ‘unlawful organisations’. “We are concerned that terrorism charges brought in connection with the commemoration of Bhima-Koregaon are being used to silence human rights defenders who promote and protect the rights of India’s Dalit, indigenous, and tribal communities,” the UN experts said. “We are very concerned about the charges against the human rights defenders and the continuing detention of nine of them,” the UN experts said. “All have been active in peacefully defending human rights, including those of marginalised and minority communities, political prisoners, and women, and their arrests appear to be directly related to their human rights work.

 

In June2018 Front Line Defenders listed as some of these:

 

 

Surendra Gadling <https://www.frontlinedefenders.org/en/profile/surendra-gadling> a human rights lawyer and General Secretary of the Indian Association of Peoples’ Lawyers (IAPL).

Rona Wilson <https://www.frontlinedefenders.org/en/profile/rona-wilson&gt;  is a member of the Committee for the Release of Political Prisoners (CRPP), which has campaigned against the Unlawful Activities (Prevention) Act and other repressive laws.

Sudhir Dhawale <https://www.frontlinedefenders.org/en/profile/sudhir-dhawale&gt;  is a Dalit rights activist and the editor of the Marathi magazine ‘Vidrohi’.

Shoma Sen <https://www.frontlinedefenders.org/en/profile/shoma-sen&gt;  is a professor at Nagpur University and a long time Dalit and women’s rights activist.

Mahesh Raut  <https://www.frontlinedefenders.org/en/profile/mahesh-raut&gt; is a land rights activist working with Gram Sabhas in the mining areas of Gadhchiroli.

On 5 July 2018, Front Line reported that human rights lawyer Advocate Sudha Bhardwaj released a statement refuting the false allegations and defamatory statements levelled against her by Arnab Goswami, news anchor and managing director of Republic TV. In a program that aired on 4 July 2018, Arnab Goswami alleged that the human rights defender was linked to Maoists. (https://www.frontlinedefenders.org/en/profile/sudha-bhardwaj). Sudha Bhardwaj firmly denied that the letter was written by her, and refuted the false allegations as defamatory and hurtful. She also expressed incredulity at the fact that the source of the letter had not been revealed, and that the letter had surfaced at the studio. She believes that the malicious and fabricated attack on her is a result of a press conference she had addressed in Delhi on 6 June 2018, condemning the arrest of Advocate Surendra Gadling. Front Line adds that This smear campaign comes as a part of an ongoing crackdown against human rights lawyers in India, especially those who work with Adivasi people and Dalits. Front Line Defenders condemns the smear campaign against human rights defender Sudha Bhardwaj, which it considers to be in retaliation to her legitimate and peaceful human rights work. Front Line Defenders expresses its concern for the security of Sudha Bhardwaj, particularly as the inflammatory allegations may motivate judicial harassment or other forms of retaliation.  

—–

https://www.jurist.org/news/2018/10/un-experts-decry-india-terrorism-charges-against-human-rights-defenders/

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23686&LangID=E

https://www.frontlinedefenders.org

 

 

in Memoriam Vitaly Safarov, Georgian Human Rights Defender

October 7, 2018
Vitaly Safarov.
1 OCTOBER 2018

Front Line Defenders is deeply saddened by the death of human rights defender Vitaly (Vito) Safarov, who passed away on 30 September 2018 in Tbilisi, Georgia.

Vitaly first got involved in human rights work in 2013 when he became a trainer in a multicultural camp for children in Georgia. He then worked for the Georgian NGO “Centre for Participation and Development” as a trainer of youth programs. For the past two years, Vitaly was a part of the Tbilisi Shelter Initiative that provides human rights defenders from across the region with a safe space, rest, medical aid and capacity-building programs. He accompanied defenders from different countries and backgrounds on a daily basis, helping them to adapt during their stay in Tbilisi and to benefit from the Shelter’s programs.

Svetlana Anokhina, journalist from Dagestan, who stayed at the Tbilisi shelter commented: “He took care of me during my three-month stay. When I arrived, I was told: here is Vitaly and he is your case manager. 20 minutes later, he became simply Vito to me. If someone asked what he meant to me and I could not explain, I responded: “Just imagine that you have a younger brother who you would call when you are having Internet connection problems; or if you need to go somewhere but you are too tired; or if you are in a hospital and don’t know who you should turn to; or if you are just feeling bad. Vitaly always responded in such a way to these problems that he would leave you feeling much better”.

Front Line Defenders’ Protection Coordinator and Board member of Tbilisi Shelter, Maria Chichtchenkova said: “At Front Line Defenders we were privileged to collaborate with Vitaly Safarov on many projects for human rights defenders at risk. He was especially involved in our work on digital security. He had a deep commitment to working with and for HRDs of all cultures, being himself of Jewish and Yazidi roots. He had a great sense of humour, which was sometimes quite dark, but he always showed incredible kindness and tenderness to people. One of our colleagues referred to him as “Vito, defender of defenders” and that’s exactly who he was.

Vitaly Safarov will be missed and remembered by so many people.

Profile of Sor Rattanamanee Polkla from Thailand

October 6, 2018

Looking ahead to next month’s UN Forum on Business and Human Rights, ISHR featured this profile ISHR trainee and Thai lawyer Sor Rattanamanee Polkla. Sor describes her work improving access to justice for those affected by development projects in rural Thailand, and explains how she plans to use the connections she made with ISHR and others at the Forum to expand her network and support her community on the ground.