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November 24, 2013
There’s hardly a moment when Honduran human rights defender Bertha Cáceres is not worrying about what may happen to her for defending the rights of her community, the Lenca Indigenous People. The risk is so high that she’s been forced into hiding. “They want to terrorize us,” she told Amnesty International. “I cannot live my life like before. I cannot go to the office, take part in our campaign, or leave the country to denounce our situation in international forums. I can’t even go swimming in the Río Blanco, which is very important to me because it is sacred to our people,” she said. Read the rest of this entry »
Posted in AI, human rights, Human Rights Defenders | 1 Comment »
Tags: Advocacy Organizations, AI, Amnesty International, Bertha Cáceres, Central America, criminalization, Environmental issue, Honduras, Huffington Post, Human right, Human Rights and Liberties, Human rights defender, Human Rights Defenders, Indigenous rights, Jody Williams, Lenca Indigenous People, Non-governmental organization, Violence against women, woman human rights defender
November 23, 2013
A report issued on 18 November 18, 2013 by the American Bar Association, Georgetown Human Rights Institute, and the Robert F. Kennedy Center for Justice and Human Rights, entitled “Tilted Scales: Social Conflict and Criminal Justice in Guatemala” describes how human rights defenders, civil society organizations, and indigenous community groups in Guatemala operate in a dangerous environment where they live under constant threat. “The Guatemalan judicial system is being utilized to harass and intimidate human rights defenders, especially in the context of disputes between businesses and indigenous communities over property rights and land use” said Santiago A. Canton, Director of Partners for Human Rights at the RFK Center. “Human rights defenders and indigenous leaders are targeted with threats and violence, and find themselves faced with false criminal charges, while their perpetrators go unpunished.”
Attorneys and civil society leaders reported that disputes between indigenous communities and extractive companies resulted from the governments failure to hold culturally appropriate, prior consultations in good faith as required under international law. The report also questions the compliance of multilateral banks and multinational corporations with international standards. RFK Center President Kerry Kennedy added that “Many defenders report that ex-military officers who committed abuses during the internal armed conflict are now intimidating locals and committing crimes with impunity in the communities where they work.” The authors explain that defenders must contend with widely published derogatory and inflammatory statements against them, in addition to the possibility of being physically attacked or falsely accused of a crime. “Peaceful human rights activists have been labeled as terrorists by prominent commentators, including leaders affiliated with business interests” said Katharine Valencia co-author of the report. The report emphasizes the Guatemalan governments obligations under the American Convention on Human Rights to protect the physical integrity of citizens; guarantee the independence of judicial authorities; thoroughly and impartially investigate allegations of criminal activity; and protect against arbitrary detention and prolonged, unjustified pretrial detention. The report also stresses that prior to the development of projects in indigenous territories, the state must engage in good-faith, culturally appropriate, and fully informed consultations with affected communities. Finally, the report calls upon extractive industries and financial institutions to justly compensate communities that have been displaced or otherwise adversely impacted by business activity, and urges compliance with reparations agreements related to the internal armed conflict.
via New Report: Guatemala Must Immediately Protect Human Rights Defenders – The Paramus Post – Greater Paramus News and Lifestyle Webzine.
Posted in human rights, Human Rights Defenders | 3 Comments »
Tags: American Bar Association, Civil society, corporate accountability, Criminal justice, environmental issues, Georgetown Human Rights Institute, Guatemala, Human right, human rights, Human rights defender, Human Rights Defenders, impunity, independence of the judiciary, Indigenous People, Kerry Kennedy, local communities, resource extraction, Robert F. Kennedy Center for Justice and Human Rights, Santiago Canton
November 23, 2013
There was much optimism about developments in Myanmar/Burma after the release of Aung San Suu Kyi, and the government’s announcement of a process of democratization. But reports from the Asian Human Rights Commission, Front Line Defenders and other NGOs give ground for pessimism. In the words of the AHRC (on 24 September): “If the government of Myanmar is as serious as it says that it is about political reform, about the release of political prisoners, and about other measures to put its authoritarian legacy behind it, then it needs to begin by bringing to a halt the wanton prosecution of human rights defenders l…It needs to repeal [repressive] laws and above all, it needs to do much more to alter systematically the practices and mentalities of administrators, police officers and other officials accustomed to shutting down any public activity not directly under their control or given their approval. Democratic life is about people acting and talking according to ideas that government officials sometimes will not like. If on every occasion they see or hear something they do not like the authorities in Myanmar respond to it with prosecution, then democratic life in the country will remain a figment.” According to the protesters’ lawyer, Mr Robert San Aung, a total of 57 activists have now been imprisoned under the Peaceful Assembly Law. According to the Assistance Association for Political Prisoners and 130 activists have been brought to court under this legislation, 18 of whom remain in prison. Read the rest of this entry »
Posted in AHRC, Front Line, human rights, Human Rights Defenders | 1 Comment »
Tags: AHRC, Asian Human Rights Commission, Assistance Association for Political Prisoners, Aung San Suu Kyi, Burma, Civil society, freedom of demonstration, freedom of expression, Front Line Defenders, Human rights defender, Human Rights Defenders, illegal detention, Insein Prison, Kyaw Swe, Myanmar, Peaceful Assembly Law, police behavior, prison sentence
November 22, 2013
This blog has on several occasions made mention of the dangerous developments in Russia where the ‘foreign agents’ law is being used to delegitimize human rights defenders. Front Line just came with an update showing that the legal aspect of this issue (is the law legally permissible under the Russian Constitution or the European Convention Human Rights?) is coming under scrutiny. On 18 November 2013, the Zamoskvoretsky District Court in Moscow heard the cases of 3 NGOs – Human Rights Centre ‘Memorial’, GOLOS, and the Public Verdict Foundation – which challenge the ‘Foreign Agents’ law. Following the presentation of their arguments, the court accepted their request to postpone the hearings until 4 February 2014. Significant, as it was taken in order to await for the rulings of the European Court on Human Rights (ECtHR) or the Russian Constitutional Court, whichever comes first:
- On 6 February 2013, eleven Russian NGOs lodged a complaint with the ECtHR alleging that the ‘Foreign Agents’ law violates four articles of the European Convention on Human Rights, namely Article 10 (Freedom of Expression), Article 11 (Freedom of Association and Assembly), Article 14 (Prohibition of Discrimination), and Article 18 (Limitations on Rights).
- On 13 August 2013, Kostroma Centre for Civic Initiatives Support lodged a complaint with the Russian Constitutional Court arguing that the ‘Foreign Agent’ law violates five articles of the Russian Constitution, namely Article 19 (Equality before the law), Article 29 (Freedom of ideas and speech), Article 30 (Right of Association), Article 32 (Right to participate in managing state affairs), and Article 51 (right not to give incriminating evidence against oneself).
- On 30 August 2013, the Russian Human Rights Ombudsman, Vladimir Lukin, also lodged a complaint with the Constitutional Court against certain provisions of the ‘Foreign Agents’ law. In particular, the Ombudsman argued that the definition of terms ‘foreign agent’ and ‘political activities’, as provided by the law, are politically and legally incorrect.
Still, one wonders whether the battle should not be fought also in the public domain as the ‘foreign agent campaign’ by the authorities is clearly not about financial control (there is enough of that already to satisfy any suspicious prosecutor) or political control (in which case registration as simple lobbyist would suffice) but about ‘framing’ the human rights defenders as traitors, unpatriotic people. The requirement to identify oneself as foreign agent on every paper or poster is a clear indication of what the Government wants to achieve. This kind of action by governments (not just Russia) is a deliberate (mis)information effort that should be fought in the same arena of public perception. Admittedly far from easy and costly but there are things that COULD be done, I think:
- bumper stickers and T-shirts with “I am a foreign agent” (in Russian of course, but supporters abroad could have it in English)
- well-known Russian celebrities could make statements such as: “IF …is a foreign agent ,in that case I am also one!”
- production of video clips that poke fun at the idea, etc
As a concrete example: on 21 November 2013, a year after the law came into effect, Amnesty International Norway, LLH (the Norwegian LGBT Organisation) and the Norwegian Helsinki Committee called themselves for one day foreign agents in solidarity with Russian organisations who struggle to keep their work going (see also in Norwegian: http://www.amnesty.no/agent). Of course, people on the ground know best what will work, but I think some form of ‘counter-defamation’ should be tried. It would benefit Russia and could de-motivate the authorities in other countries watching what happens in Russia.
Posted in Front Line, Human Rights Defenders | 1 Comment »
Tags: ADC Memorial, AI Norway, Constitution of Russia, European Convention on Human Rights, European Court of Human Rights, Foreign agent, foreign agent law, foreign funding, freedom of association, Front Line (NGO), GOLOS, human rights, Human Rights Defenders, judicial harassment, LLH, media framing, Memorial, Moscow, Non-governmental organization, Norwegian Helsinki Committee, public perception, public relations campaign, Public Verdict Foundation, restrictive laws, Russia, solidarity action, stigma, Vladimir Lukin
November 22, 2013
Not the last word on the Black Pete issue but a step in the right direction, that is how I would qualify the report of the UN [Working Group of Experts on People of African Descent, WGPAD] who looked into Zwarte Piet. On Tuesday 19 November it called on the Dutch Government to take the lead in the ongoing debate about whether it is time the tradition undergo a change. The experts said that facilitation by Government of the debate would serve to promote understanding, mutual respect and intercultural dialogue. “In the meantime we ask for calm and an end to the abuse directed at opponents of the tradition in the Netherlands and the UN Experts”.
This is a lot more realistic than the rather sudden and uninformed demand by Group Chairperson Verene Shepherd who –in anticipation of the final report– told newspapers that her own opinion was that “Zwarte Piet should be abolished” which then created a strong popular backlash against any changes. The experts now explain in the statement that their task had not been an ‘investigation,’ nor was there any intention to reach a judgment [SIC]. They pointed out that the Zwarte Piet tradition has evolved and continues to evolve, saying: “Cultures and traditions are not static – they change in response to evolving contexts and in the light of understanding of how dignity and all human rights can be enjoyed by all.” They added though that it is clear that many people, especially people of African descent living in the Netherlands, consider that aspects of it are rooted in unacceptable, colonial attitudes that they find racist and offensive.
They said it is for the people of the Netherlands to discuss and decide how elements that offend might be modified. “Zwarte Piet is interpreted in different ways, but critical questions are how to treat the concerns of those who feel offended, and those who are unhappy about changing a long-held tradition for children? How do we respect the views of all those living in multicultural societies?” The experts recommended Government facilitate an “open, inclusive, non-confrontational and respectful” debate on the issue. This is a lot closer to what I advocated in this blog. Let’s continue next year.
[The statement by the experts comes just days after the Second Chamber almost unanimously 9135 of 150 MPS) voted against a motion that aimed to forbid giving Zwarte Piet a different color than black. Exactly one of the future modifications I had suggested – see link below. The motion was brought by the extreme nationalist PVV party which felt that the calls for a Piet with different colors were a “blatant assault” on Dutch heritage and tradition.]
via Panel: Calm debate on Zwarte Piet needed – NL Times.
Related articles
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Posted in human rights, UN | 2 Comments »
Tags: Black Pete, Dutch parliament, Netherlands, Office of the United Nations High Commissioner for Human Rights, Politics of the Netherlands, racism, Sinterklaas, stereotyping, UN, Verene Shepherd, Working Group of Experts on People of African Descent, Zwarte Piet
November 21, 2013
The legal recognition and protection of human rights defenders is crucial to ensuring that they can work in a safe, supportive environment and be free from attacks, reprisals and unreasonable legal restrictions. Despite this, governments in all regions are increasingly enacting laws which restrict and even criminalise the work of human rights defenders and NGOs. In response the Geneva-based International Service for Human Rights [ISHR] in partnership with regional, sub-regional and national human rights defender groups from around the world announces its plan to develop a model national law on human rights defenders to be enacted locally.
Read the rest of this entry »
Posted in human rights, Human Rights Defenders | Leave a Comment »
Tags: African Commission on Human and Peoples' Rights, criminalization, foreign funding, Geneva, harassment, Human right, Human rights defender, Human Rights Defenders, International Declaration on Human Rights Defenders, international protection, International Service for Human Rights, model law, Non-governmental organization, reprisals, restrictive laws, retaliation, UN Human Rights Council, United Nations Human Rights Council
November 20, 2013
Posted in HRW, human rights, Human Rights Defenders | Leave a Comment »
Tags: Africa, African Union, asylum seekers, AU, Dialogue on Human Rights, EU, European Union, HRW, Human right, Human rights defender, Human Rights Defenders, Human Rights Watch, Immigration, memorandum
November 19, 2013
On 15 November 2013 William J. Burns, Deputy Secretary of State of the USA, spoke at a ceremony honoring Syrian human rights defender Ms. Hanadi Zahlout, who was accorded the 2013 Human Rights Defender Award of the US Government. He said inter alia: Read the rest of this entry »
Posted in human rights, Human Rights Defenders | Leave a Comment »
Tags: Advocacy Organizations, awards, Bashar al-Assad, Hanadi Zahlout, Human right, Human Rights and Liberties, human rights awards, Human rights defender, Human Rights Defender Award, Human Rights Defenders, Syria, Syrian human rights defender, United States, William J. Burns
November 19, 2013
Things are clearly changing in Iran. It is too early to think that human rights defenders can all safely go back, but the fact that Arseh Sevom – a moderate and informative blog voice on Iran – devotes a part of today’s post by Peyman Majidzadeh to this question is telling. Here are some excerpts: Read the rest of this entry »
Posted in human rights, Human Rights Defenders | Leave a Comment »
Tags: Arseh Sevom, Beirut, blog, Ebrahim Nabavi, Hassan Rouhani, Human Rights Defenders, Iran, New York, Peyman Majidzadeh, political developments, return, Rouhani, Seraj Mirdamadi
November 19, 2013
The Information and Communications Amendment Bill of 2013 was passed in Kenya by parliament on October 31, 2013, but has not yet been signed by the president. Another problematic draft law, the Media Council Bill, is due to
be debated in parliament in the coming weeks. Moreover, on October 30 the attorney general also proposed controversial new provisions regulating the work of nongovernmental organizations (NGOs), including a proposed cap at 15 percent of foreign funding. “These new laws are an attempt to undermine freedoms of expression and association in Kenya,” said Daniel Bekele, Africa director of Human Rights Watch on 12 November. “Kenya’s leaders should act swiftly to prevent these bills from becoming law and focus on the country’s real challenges, like police reform and accountability.”
The new idea of restricting (foreign) funding follows similar efforts by an increasing number of other countries, signaling a dangerous trend:
On October 30, the office of the attorney published in the official gazette – the mandatory first step before a bill is introduced to parliament – the Miscellaneous Amendment Bill of 2013. This bill includes provisions that would grant broad discretionary powers to a new government body to regulate nonprofit organizations and would limit access to foreign funding for these groups. The amendment would empower a new government body, the Public Benefits Organizations Authority, to “impose terms and conditions for the grant of certificates of registration, permits of operation, and public benefit organization status.” The chairperson would be appointed by the president, increasing executive powers over nongovernmental groups. Critics of the law fear that the wide powers vested in the executive branch could be used to restrict nongovernmental organizations or even penalize organizations that fall out of favor with the Kenyan authorities.
The amendment would also introduce new limits on funding for nongovernmental organizations. It states that “a public benefit organization shall not receive more than 15 percent of its total funding from external donors,” unless otherwise approved by the minister for finance. Funding to nonprofits would be channeled through a new Public Benefits Organizations Federation rather than directly from donors – which could create new operational difficulties for nongovernmental organizations and delays in their projects.
“This new law requiring nongovernmental organizations to raise 85 percent of their funding locally may well have the effect of weakening independent voices,” Bekele said. “As we have seen elsewhere in the region, including in Ethiopia, these laws are an assault on basic freedoms and Kenya’s citizens and leadership should soundly reject them.”
Kenya: New Laws Would Undermine Basic Rights | Human Rights Watch.
Posted in HRW, human rights, Human Rights Defenders | 1 Comment »
Tags: Africa, Daniel Bekele, Ethiopia, foreign funding, freedom of association, freedom of expression, funding restrictions, HRW, Human right, Human Rights Defenders, Human Rights Watch, Kenya, media, Non-governmental organization, nongovernmental organizations
Hans Thoolen on Human Rights Defenders and their awards 