The Institute for Human Rights and Businesshas published: Human Rights Defenders and Business – Searching for Common Ground. This is the fourth in a series of Occasional Papers by IHRB to provide independent analysis and policy recommendations about timely subjects on the business and human rights agenda. In this instance, this paper is co-published with Civil Rights Defendersand Front Line Defenders, both organisations with practical research, campaigning, and advocacy experience of the issues raised in the paper.
As cases in this Paper show, journalists exposing corruption, Internet activists demanding accountability, and community activists campaigning for land rights have all faced pressure.
More than sixty governments have passed laws in the last three years to place restraints on the ability of human rights defenders to hold their governments to account. Among those targeted are individuals and organisations who challenge economic policies or business conduct. Human rights defenders’ activities are being criminalised and they face surveillance, intimidation, lawsuits, arrests, and torture – in some cases, even death.
Companies are engaging with civil society, but mutual suspicions remain. Companies share common goals with human rights defenders – accountability, transparency, the rule of law, and due process. Companies should build on these common interests and engage human rights defenders, and where possible, speak out in their defense. To download:
The same institution – to mark International Human Rights Day 2015 – published the seventh annual list of the Top 10 Business & Human Rights Issues for the 2016 (these issues are not ranked in order of importance). The one specific on human rights defenders reads:
More than sixty governments have passed laws in the past three years to place restraints on the ability of human rights defenders to hold their governments to account for actions that undermine respect for international standards. Among those targeted are individuals and organisations who champion alternate economic paradigms or challenge government policies or business conduct. Some have faced intimidation, surveillance, lawsuits, arrests, and torture.
Twenty years ago, after a trial that failed to meet international standards, the Nigerian Government executed Ken Saro-Wiwa and eight other Ogoni leaders who opposed the activities of Shell in the Niger Delta. The case sparked global awareness of business’ human rights responsibilities beyond the factory walls, leading to the development of standards, advocacy, initiatives, codes of conducts, and eventually a comprehensive UN framework and principles for business and human rights.
Despite some progress over the past two decades, suppression of activists too often continues. The UN has passed a resolution recognising the legitimate role of peaceful activists who call out abusive behaviours, including business actions that undermine respect for human rights. Yet a growing number of governments are also passing new laws to restrain civil society activities.
In the year ahead, some governments, businesses, and NGOs will likely sharpen criticism of states that unjustifiably attack human rights defenders, as well as the companies that benefit from such crackdowns and choose to say nothing. With rising concerns over terrorism and the resulting tendency in many countries to emphasise security threats over protecting human freedoms, the road ahead for those who dissent will not be easy. The combined voice of global business will be critical in effectively promoting the legitimate role of individuals and organisations that champion human rights principles and standards in societies around the world.
Nicki Minaj and Jose Eduardo dos Santos. Photo illustration by Sofya Levina. Images by Frazer Harrison/Getty Images and Alexander Joe/Getty Images.
The Human Rights Foundation (through Thor Halvorssen and George Ayittey) is asking whether Nicki Minaj will “take the high road or a blood diamond paycheck“? On Saturday afternoon the American rapper Nicki Minaj will bring her award-winning talent to the Angolan capital of Luanda. It isn’t a world tour stop, but a special engagement at a “Christmas Festival” sponsored by Unitel, a telecommunications company controlled by Angola’s dictatorship.
The situation of human rights defenders in Angola is most precarious:
15 pro-democracy activists were detained in June 2015 and their trial started only after almost five months of arbitrary detention. The persons on trial include rapper (!) Henrique Luaty Beirão (a.k.a. Brigadeiro Mata-Frakuxz), Manuel Nito Alves, Nuno Alvaro Dala, Nelson Dibango Mendes Dos Santos, Alfonso Jojo Matias (a.k.a. Mbanza Hamza), Sedrick de Carvalho, Fernando António Tómas (a.k.a. Nicola Radical), Hitler Chiconda (a.k.a. Samussuku), Italiano Arante Kivuvu, Benedito Dali (a.k.a. Dito Dali), Albano Bingobingo (a.k.a. Albano Liberdade), José Gomes Hata (a.k.a. Cheik Hata), Inocénio De Brito (a.k.a. Drux), Domingos da Cruz as well as of Osvaldo Caholo. (Ms. Rosa Kusso Conde and Ms. Laurinda Manuel Gouveia are also facing the same charges, but are not detained. [The Angola 15 are youth activists arrested in June 2015 for discussing democratic reforms and peaceful protest. Most of them are known pro-democracy activists, who have been organizing peaceful protests often repressed by the authorities against the 35-year-regime of Angolan President Eduardo Dos Santos since 2011. On September 16, 2015, they were charged with “preparatory acts of rebellion” and “plotting against the President and other institutions”, both of which constitute crimes against the security of the Angolan State. Several experts and international institutions have called for their release, including the European Parliament and the UN Special Rapporteur on the situation of human rights defenders, Michel Forst.]
On 15 December 2015 the Luanda Provincial Tribunal approved the request of the Public Prosecutor to place the pro-democracy activists detained since June 2015 under house arrest as of December 18. According to a public statement made by the General Attorney, this decision precedes the entry into force on December 18, 2015, of a new legislation on preventive measures adopted in September 2015, aimed at reducing prison overcrowding and excessive pre-trial detentions – and thus not the result of international pressure!. “The decision to place the Angola 15 under house arrest is a positive step towards the recognition of their rights. The Angolan authorities must now end all forms of judicial harassment against the activists and put an end to their ordeal by immediately and unconditionally releasing them”, FIDH President Karim Lahidji said.
On 18 June 2015 the Observatory for the Protection of Human Rights Defenders condemned the sentencing of journalist Rafael Marques de Morais to a six month suspended jail term, despite an out of court settlement previously announced. [see also: https://thoolen.wordpress.com/tag/rafael-marques-de-morais/]
Interesting is also to note here how two quasi-NGOs (in the NGO world, called GONGOs – Governmental Non-Governmental Organizations – masquerading as protectors of the rights of the people while working as the mouthpiece for the government) tried to block a resolution by the NGO forum surrounding the session of the African Commission on Human and Peoples’ Rights in November 2015.
Anneliese Mcauliffein Al Jazeera on 6 December 2015 reported that two Chinese human rights defenders recognised as UN refugees were forcibly deported from Thailand to China last month and have appeared on Chinese state-run television and confessed to human-trafficking offenses. CCTV reported that Jiang Yefei was arrested for “assisting others to illegally cross the national border”, and Dong Guangping was charged with using a trafficking network to flee China while awaiting trial on sedition charges. It was the first time the two men were seen since being taken from a detention centre in the Thai capital Bangkok in November and deported to China.
On 2 December 2015 a Consortium of organizations was launched in Brussels dedicated to coordinating support for the security and protection of human rights defenders under threat. The Consortium, called “Protect the Defenders,” is comprised of 12 organizations that work collectively to implement the EU Mechanism for Human Right Defenders.
The partners include Frontline Defenders (leader of the Consortium), FIDH, OMCT, Forum-ASIA, the East and Horn of Africa Human Rights Defenders Project (EHAHRDP), ESCR-net, Euro-Mediterranean Foundation of Support to Human Rights Defenders (EMHRF), International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), Peace Brigades International, Protection International, Reporters without Borders and the Urgent Action Fund for Women.
The Huffington Post of 29 November 2015 carried a good piece by Brian Dooley (Human Rights First) under the title “When Closing Civil Society Space Means Killing Human Rights Defenders”. He states that “what sometimes gets overlooked in the discussion around “shrinking civil society space” are direct, violent attacks on human rights defenders.”
He refers to this year’s Report of the UN Special Rapporteur on the situation of human rights defenders (HRDs) which details killings of HRDs in Africa, the Americas, Asia-Pacific, Europe and the Middle East. And a Note by the UN Secretary-General in July this year included how “defenders also describe their sense that they are often on their own, with the media showing little interest in reporting acts of aggression against them and with little support from political figures…”
On 27 November 2015, Mr Guo Feixiong was sentenced to six years in prison by the Tianhe District People’s Court in Guangzhou, China. Two other human rights defenders, Liu Yuandong and Sun Desheng, received three and two and a half year sentences respectively. In September, Guo Feixiong (pen name of Yang Madding) was awarded the 2015 Front Line Defenders Award for Human Rights Defenders at Risk [https://thoolen.wordpress.com/2015/09/12/2015-front-line-defenders-award-to-chinese-guo-feixiong-yang-maodong/].
Guo Feixiong was sentenced to six years in prison on charges of “gathering crowds to disturb social order” and “picking quarrels and provoking trouble”. The latter charge was reportedly added by the judge at the sentencing and therefore one that Guo Feixiong’s lawyers had no opportunity to defend him against, and which resulted in two years being added to his sentence. Liu Yuandong was sentenced to three years, while Sun Desheng was sentenced to two and a half years, both on charges of “gathering crowds to disrupt public order”.
Since his detention in 2013, Guo Feixiong has reportedly been held in a 30 sq metre cell with 30 other detainees. Furthermore, he has been denied permission to go outside or exercise in the prison yard since his initial detention and has alleged ill-treatment by the prison guards. According to his lawyer, Mr Zhang Lei, Guo Feixiong’s health has suffered greatly as a result. It has also been reported that Sun Desheng had had his hands cuffed and legs shackled for long periods after his detention.
With International Women Human Rights Defenders Day coming up (29 November)I will pay special attention to questions that concern them. Here a case of police harassment from Front Line concerning Tanzania: Read the rest of this entry »
On 15 September 2015, the Turin Court of Appeal ruled to release Algerian human rights defender Mr Rachid Mesli, who has been under house arrest since 22 August 2015, and to allow him to leave the country, as reported by Front Line Defenders.
The human rights defender was released before the end of the 40 day period during which the Algerian government could submit a formal request for extradition. The Court recognised Rachid Mesli’s important and peaceful work in the defence of human rights, as well as the high risk of torture he would face if returned to Algeria. While the court is yet to make its final decision on the extradition warrant, the release order highlighted that, according to the information received, Rachid Mesli’s human rights activities were not in any way related to terrorism.
On 22 August, the Italian court placed the human rights defender under house arrest following three days in detention in Aosta prison. Rachid Mesli was arrested on 19 August 2015 (https://www.frontlinedefenders.org/node/29390) as he travelled to Italy on holiday with his wife and son. The arrest occurred as a result of an arrest warrant issued by the Algerian authorities in April 2002 on terrorism-related charges.
Interesting tot note Front Line Defenders’ call on Interpol to ensure the legitimacy of all warrants issued by its members and to put in place safeguards so that the system cannot be abused in order to target human rights defenders.
On Friday 11 September the 2015 Front Line Defenders Award for Human Rights Defenders at Risk was presented to imprisoned Chinese Human Rights Defender Guo Feixiong in Dublin City Hall. Irish author and playwright Sebastian Barry presented the award to Guo’s wife, Zhang Qing, and daughter, Yang Tianjiao (Sara), at the award co-presented by the Al-Jazeera Media Network. Guo has been held in Guangzhou’s Tianhe Detention Center for over 750 days, where is currently awaiting sentencing. Sebastian Barry said:“For human rights defenders the struggle is not just to implement rules and regulations and theoretical international standards. It is is about the right to raise your voice without the fear of arbitrary violence, whether by the state or others. Guo Feixiong has defended farmers illegally evicted from their land, Falun Gong practitioners persecuted for their beliefs and journalists who dared to speak out. He is a symbol of the endurance of the human spirit, of the will to survive and of the human need for the free air of ideas, to make life worth living. He is a worthy recipient of the 2015 Front Line Defenders Award.”
Guo Feixiong (pen name of Yang Maodong) is a leading figure in the movement for human rights China – a struggle fraught with danger for human rights defenders seeking civil, political, economic and social rights; accountability; transparency; and an end to corruption. After more than two years in detention, Guo Feixiong’s lawyers now report that during their most recent meeting, his memory, speech, and mental awareness all showed signs of damage.Last week, a coalition of Chinese human rights activists writing at China Change called his detention “a deliberate effort to harm Guo Feixiong and kill him slowly.”Accepting the Award on behalf of her husband, Zhang Qing said:“Guo Feixiong is a faithful idealist. Although he has experienced a wide range of political persecution by the Chinese government including, being sentenced to four prison terms, being the target of a witch hunt, and enduring countless brutal and evil tortures from the Chinese government he still holds a peaceful and pure heart. He shows enduring strength and courage to pursue rights, equality and justice peacefully. We are proud of Guo Feixiong and all the other human rights defenders and lawyers working to the same end in China”.
Health and holidays (in that order) have slowed down my blog production somewhat this summer, but perhaps this was a welcome break for many of my readers for reasons of holiday and health (in that order I hope). Anyway, during these summer months I read quite some instances of HRD repression related to countries involved in major ‘geo-political’ progress and I started wondering whether this is coincidental. Take the following three cases: Colombia, Iran and Cuba. Read the rest of this entry »
On 27 November 2015, Mr 
Hans Thoolen on Human Rights Defenders and their awards 