Archive for the 'books' Category

A balanced post on how the US should balance its human rights record

March 23, 2012

Under the title “A Diminished Force for Good” Tom Parker of USA AI posted on 21 March 2012 a piece that – in a frank way – argues that the US should act with regard to its own human rights problems in order to regain international influence. It takes the lead role of the US in getting a resolution on Sri Lanka (successfully) passed in the Human Rights Council in Geneva this week and contrasts it with how the US has dealt with human rights abuses in its own ambit.

As Amnesty’s recent report Locked Away: Sri Lanka’s security detainees makes clear, human rights abuses still continue to this day in Sri Lanka. Instances of arbitrary and illegal detention have been widely reported, as have acts of torture and extrajudicial execution. Tom Parker says “I know from my own personal experience of working with Sri Lankan human rights defenders that the climate of fear in which opponents of the Rajapaksa regime operate is all-pervasive. The situation in Sri Lanka is grave and the intervention of the United Nations is much needed. .However, welcome though the US-sponsored resolution is, it is greatly undermined by the embarrassing gap that exists between US rhetoric and US behavior. Critics have not been slow in pointing this out.”…”The complete failure of the United States to address the deliberate use of torture as an integral part of the War on Terror hugely diminishes its ability to put pressure on other states to adhere to human rights standards that it itself has ignored. And we are all the poorer for it.”

“The alacrity with which the US Army has responded to the tragic deaths of sixteen Afghan villagers in Zangabad, Afghanistan, earlier this month demonstrates that accountability is nothing to be afraid of. Indeed it can be a powerful force for good….. The US is one of the [governments that actively promote human rights] but its influence has been greatly diminished over the past decade because of its reluctance to meaningfully address its own, very public, failings in this regard….We need a strong US voice speaking out for human rights in the world, but that can’t happen without real accountability at home.”

for the full text see: A Diminished Force for Good.

Law Students Participate in Hearing of human Rights Committee on violations in Cape Verde

March 23, 2012

This is just one good example of how students can get practically involved in work as human rights defenders. Four law students from the Indiana Purdue University Indianapolis will go to New York this week to participate in the United Nations Human Rights Committee hearing on allegations of the corporal punishment and sexual abuse of elementary school children in Cape Verde.

The four are part of a group of Robert H. McKinney School of Law students who, in partnership with Delta Cultura Cabo Verde, a Cape Verdean nongovernmental organization, researched and wrote a shadow report to a United Nations committee discussing how the government of Cape Verde has failed to combat corporal punishment and sexual abuse of school children (Articles 2, 7 & 24 of the International Covenant on Civil & Political Rights).

“Writing the shadow report has been a rewarding experience. Not only do we get the practical experience of legal writing, but we learn a little more about the world and help prevent human rights violations globally,” said one of the students. Unlike periodic reports submitted by states parties, a shadow report provides U.N. human rights treaty bodies with various forms of information — including victims’ personal accounts, data and statistics —independently prepared by NGOs and details violations by states parties of a specific treaty. “Shadow reporting enables grass-roots human rights defenders to engage in United Nations human rights monitoring and enforcement mechanisms,” Program in Human Rights Law manager Perfecto Caparas said.

for more information: Diane Brown IU Communications habrown@iupui.edu

Human Rights Defenders Report in the UN Human Rights Council

March 1, 2012

The UN Human Rights Council is in session and in addition to highly topical questions such as Syria there is also the annual report by the Special Rapporteur on Human Rights Defenders, Mrs. Margaret Sekaggya. Her report is clustered with that of the Special Rapporteur on Torture. The debate should take place on Monday 5 March in the morning. There are several side events organized by NGOs.

for the text of her report:  annual report of the Special Rapporteur to the Council

Mexican report confirms: sexual violence against women HRDs is rampant

February 9, 2012

Three out of every four female human rights defenders in Mexico have been violently attacked for their work, according to the book “Human Rights Defenders in Mexico: A Diagnostic of 2010-2011 on the Risks of Performing their Work”, which was presented on 19 January this year.

The report, which was researched by organizations such as the Association for Justice and Women´s Network of Ciudad Juárez, say that the activists are the target of persecution and threats, regardless of whether they work defending the environment, sexual health rights or against violence against women. Between 2010 and 2011 nine Mexican women who worked in human rights were killed.

“In recent years, the risk and attacks against women human rights defenders has increased in the entire country,” said the report.

Journalists, indigenous leaders, and LGBT activists are among the main persons at risk.

 The human rights defenders tend to be targets of violence just for being women, and for being women who promote and defend human rights, which breaks with the traditionally accepted female identity, said the report. In other words: “Sexual violence is the main threat to women activists”. For the full report, in Spanish, go to: http://issuu.com/cencos/docs/diagnostico-defensoras-imprenta-final

 

 

Human Rights Watch annual report with focus on 2011 ‘Arab Spring’

January 23, 2012

On 22 january Human Rights Watch (HRW) published its World Report 2012.  The 676-page report summarizes major rights issues in more than 90 countries, reflecting the extensive investigative work carried out in 2011 by its staff. On events in the Middle East and North Africa, Human Rights Watch said that firm and consistent international support for peaceful protesters and government critics is the best way to pressure the region’s autocrats to end abuses and enhance basic freedoms. A principled insistence on respect for rights is also the best way to help popular movements steer clear of the intolerance, lawlessness, and revenge that can threaten a revolution from within, Human Rights Watch said………
The repercussions of the Arab Spring have been felt around the world, Human Rights Watch said. Leaders in China, Zimbabwe, North Korea, Ethiopia, Vietnam, and Uzbekistan seem to be living in fear of the precedent of people ousting their autocratic governments. But even democracies such as India, Brazil, and South Africa have been reluctant to support change.  Relying on outmoded views of human rights promotion as imperialism and ignoring the international support that their own people historically enjoyed when seeking their rights, these democracies often failed at the United Nations to stand with people facing repression.
Human Rights Watch said the international community could play an important role in fostering the growth of rights-respecting democracies in the Middle East and North Africa. Rather than refusing to countenance the rise of political Islam, as sometimes occurred in the past, democratic governments should recognize that political Islam may represent a majority preference, Human Rights Watch said. However, the international community should insist that Islamist governments abide by international human rights obligations, particularly with respect to women’s rights and religious freedom, as with any government.
………….
“Rights-respecting governments should support international justice regardless of political considerations.  It’s misguided to believe that allowing countries to sweep past abuses under the rug will somehow avoid encouraging future atrocities,” Roth said. “As we mark the first anniversary of the Arab Spring, we should stand firmly for the rights and aspirations of the individual over the spoils of the tyrant.”

World Report 2012: Strengthen Support for ‘Arab Spring’ | Human Rights Watch.

First ever United Nations report on LGBT human rights presented to General Assembly

December 17, 2011
High Commissioner for Human Rights Pillay Spea...

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The first formal report on the state of LGBT human rights was presented to the UN General Assembly on Thursday 15 December by Navi Pillay, the UN High Commissioner for Human rights, who has been an outspoken supporter of LGBT human rights. This the result of the adoption of a Resolution by the UN Human Rights Council in June 2011 asking for this study.

She concludes that on the basis of the information presented in this report, a pattern of human rights violations emerges that demands a response. “Governments and inter-​governmental bodies have often overlooked violence and discrimination based on sexual orientation and gender identity,” she said. LGBT people face widespread discrimination everywhere in the world and are subjected to extreme violence, including rape, beatings and torture, evidenced by confirmed reports of mutilation and castration that were characterized by a “high degree of cruelty” .

LGBT persons also face criminal punishment in 76 countries and risk capital punishment in five countries, including Iran, Nigeria, Saudi Arabia, Sudan and Yemen. The report lays out the evidence of widespread discrimination and arbitrary arrests and criminal punishment based upon sexual orientation and gender identity.

The full report is entitled “Discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity” and is available from : OHCHR: Discriminatory Laws and Practices and Acts of Violence Against Individuals Based on their Sexual Ori…

Lawyers for Lawyers adds a crucial element to the protection of Human Rights Defenders

December 12, 2011

On 1 April 2011 I reported on the award given by Lawyers for Lawyers (L4L) in the Netherlands and promised to come back to the main topic of the related expert meeting which was the question of the independence of lawyers, and in particular how to raise the status of the “Basic Principles on the Role of Lawyers” by making them better known.

The organization has kept its word and created before the end of the year a database that brings together all information on the Basic Principles, which are basically soft law but are an important set of international standards. The database contains documents in which references are made to the Basic Principles, such as documents of the UN, special rapporteurs, non-governmental organisations, (regional) courts and so on. You can have a preview of this database on the L4L website http://www.advocatenvooradvocaten.nl/basic-principles/

There is also a booklet Building on Basic Principles, in which all the papers from the expert meeting, are published, which can be ordered from LAWYERS FOR LAWYERS, Adrie van de Streek, Executive Director mailto:info@lawyersforlawyers.nl.

Moreover, the International Commission of Jurists organized on 5-6 December 2011 an important seminar on the “Strengthening the Rule of Law in Times of Transition – The Role of Lawyers and Bar Associations”. One of the participants was Muhannad Al-Hassani, the 2010 MEA Laureate, who was disbarred by his less courageous colleagues in the Bar Association. For more information on this event please contact: Graham Leung at graham.leung@icj.org.

Observatory for HRDs comes out with annual report

October 27, 2011

IPS reported that on Monday 24 October a symbolic empty chair was at the launch of a report on the repression of human rights defenders, a physical reminder that its would-be occupant – Ales Bialiatski, president of Human Rights Centre Viasna in Belarus – has been languishing in prison since August. Bialiatski is charged with tax evasion, but supporters say it is clear that the charges are in retaliation for his long and distinguished career of human rights activism in the country. The chair was also empty for the hundreds of other human rights defenders across the world who have been deprived of their freedom and fundamental rights, leaving a void in the communities they worked to protect.

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation against Torture (OMCT), published its 600-page report on individual human rights defenders and organisations that faced repression between January 2010 and April 2011. It covers 70 countries in Sub-Saharan Africa, North Africa, the Middle East, Asia, The Americas and Europe. The abuses cited include the ‘usual’ harassment, threats and arrests, arbitrary detention, defamation campaigns, and restrictions in terms of freedoms of association and expression, but  also notes Antoine Bernard, of FIDH, a trend to the criminalise social protests. “That is a very universal trend, to use the law not as a protecting tool, that is supposed to be its role, but law as a repressive tool to arbitrarily provide the legal basis for silencing human rights defenders”, he said to InterPress Service (IPS).  “A threat to a human rights defender very often transcends beyond the individual case, it carries a shadow to society at large,” concluded Gerald Staberock, secreterary-general of OMCT.

The United Nations special rapporteur on the situation for human rights defenders, Margaret Sekaggaya, underscored the importance of implementing the Declaration for Human Rights Defenders that the General Assembly adopted back in 1998, and the importance of disseminating information about it. “It is still an instrument that is not sufficiently known, either to those who should shoulder the main responsibility for its implementation, namely states, or to those whose rights it sets out to protect, human rights defenders,” Sekaggaya said.

UN publishes Commentary on the Declaration on Human Rights Defenders

August 10, 2011

You probably have seen already references to this new publication which came out during my leave. I still refer to it simply because a blog on HRDs is not complete without it.

The Commentary to the Declaration on human rights defenders is a 100-page document which maps out the rights provided for in the Declaration, based mostly on information received and reports produced by the two Special Rapporteurs on the situation of human rights defenders, Hina Jilani (2000-2008) and Margaret Sekaggya (since 2008), during the past eleven years. The ‘Commentary’ analyses what these rights entail and what is needed to ensure their implementation. It also addressesthe most common restrictions and violations faced by defenders, and provides recommendations to facilitate States’ implementation of each right. As should be expected from a UN publication it is fairly dry and does not break new ground but it certainly is well-organised guide to the work done in the last decade. It is arranged in 10 sections, each addressing a right in the Declaration, namely: the right to right to be protected, the right to freedom of assembly, the right to freedom of association, the right to access and communicate with international bodies, the right to freedom of opinion and expression, the right to protest, the right to develop and discuss new human rights ideas, the right to an effective remedy and the right to access funding. A final section addresses permissible derogations to these rights.

To access the resource in PDF, please control/click here

Interesting seminar by euro-mediterranean NGOs on changes in Arab world

July 7, 2011

The Euro-Mediterranean Foundation of Support to Human Rights Defenders (EMHRF) which has been supporting human rights defenders organized on 2-3 April  a discussion seminar on democratic change in the Arab region. This seminar was among the first of its kind to be organized in the wake of the pivotal uprisings that have taken place in the region. I provided space for a preliminary exchange and reflection between key academics, civil society actors, donors, and government representatives working on and in the region. Discussions focused on four major axes:  local state actors, international actors, civil society and non governmental actors, and the donors’ community. The resulting document “Democratic Change in the Arab Region: State Policy and the Dynamics of Civil Society” can be found at: http://www.scribd.com/full/59127297?access_key=key-2kvxq3fz0wim07987e8c