Archive for the 'Human Rights Defenders' Category

 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.  

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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.

HRD Marija Mitrovic, Serbia, in the series of videos by European External Action Service

October 6, 2018

This video of Human Rights Defender Marija Mitrovic from Serbia, focusing on the right of Roma, is another of the profiles 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/].

Breaking News: see which other awards the 2018 Nobel Peace Prize Laureates won already

October 5, 2018
The Nobel Prize for Peace 2018 winners: Yazidi survivor Nadia Mural (L) and Denis Mukwege
Nobel Peace Prize for anti-rape activists Nadia Murad and Denis Mukwege – Image copyright EPA

You do not have it hear it through me as most mainstream media carry the news (here the BBC with elaborate information) that the 2018 Nobel Peace Prize has gone to campaigners against rape in warfare, Nadia Murad and Denis Mukwege. After the controversy created around some of the recent laureates, these two are safe bets as both have been recognized widely:

Ms Murad is an Iraqi Yazidi who was tortured and raped by Islamic State militants and later became the face of a campaign to free the Yazidi people. She found recognition from at least two earlier awards:

Dr Mukwege is a Congolese gynaecologist who, along with his colleagues, has treated tens of thousands of victims. He received wide recognition with 8 international human rights awards:

  • 2008   United Nations Prizes in the Field of Human Rights
  • 2009   Olof Palme Prize
  • 2010   Wallenberg Medal (University of Michigan)
  • 2011   King Baudouin International Development Prize
  • 2013   Civil Courage Prize
  • 2013   Human Rights First Award
  • 2013   Right Livelihood Award
  • 2014   Sakharov Prize for Freedom of Thought

See also: https://humanrightsdefenders.blog/2016/04/12/profile-denis-mukwege-democratic-republic-of-congo-courageous-doctor-rape-women/

Ms Murad, 25, dedicated the award to her mother, who was killed by the Islamic State (IS) militants who overran their home in 2014. Ms Murad described her escape in a BBC interview in 2016, detailing how the women who were held captive were treated by IS.

Dr Mukwege was operating at his hospital when he heard he had won the prize. He dedicated his award to all women affected by sexual violence. He lives under the permanent protection of UN peacekeepers at his hospital and has also previously called for a tougher line on rape as a weapon of war.

https://www.bbc.com/news/world-europe-45759221

 

see also: https://dansmithsblog.com/2018/10/08/the-nobel-peace-prize-and-sexual-violence-in-war/

Third Committee of UN General Assembly 2018 will consider human rights issues

October 5, 2018
With the last session of the the Human Rights Council having been considered fruitful by civil society [https://humanrightsdefenders.blog/2018/09/29/in-spite-of-or-because-of-the-us-absence-the-39th-human-rights-council-considered-a-relative-success/], the focus is now on New York. This week, the UN General Assembly’s principal human rights committee – the Third Committee – kicked off its deliberations (Tuesday 2 October, running through to 21 November 2018).  This is a key moment in the year for UN member States to take action in support of the respect of human rights globally, through the negotiation and adoption of resolutions focused on thematic or country situations.   The ISHR provides the following insight:

Over 50 Special Rapporteurs, independent experts, chairs of working groups and treaty bodies will present findings and recommendations to the Committee, and engage in interactive dialogues with member States.  These reports and exchanges should inform the focus and shape of negotiated resolutions. 

The Committee will consider over 60 resolutions, this year focusing on a range of issues from extrajudicial, summary or arbitrary executions, to the rights of indigenous peoples, and the human rights situation in Syria.  Once adopted, resolutions will pass to the UN General Assembly plenary for confirmation in early December. 

While opportunities for civil society to interact with the Third Committee are more limited than those available at the Human Rights Council, NGOs can attend formal sessions, follow them on  UN Web TV and engage informally with individual member States.  For more on the Third Committee see here.  

ISHR will be working to see the inclusion of positive references to human rights defenders and civil society space, in Third Committee resolutions.  We will be monitoring the Third Committee closely, as well as the General Assembly plenary meetings, and reporting on key developments. Follow us on Facebook, Twitter and Instagram at @ISHRglobal and at #UNGA73for the latest updates.

Also, note that the ISHR will be hosting two side events during the Third Committee session. [see also: https://humanrightsdefenders.blog/2017/07/09/civil-society-participation-at-the-un-subject-of-ishr-event-on-17-july/]

The first event will be about implementing commitments on human rights defenders, and it will be held on Tuesday 23 October at 1:15 p.m-2.45pm. The location of the event is to be confirmed. See here for updates.

ISHR’s second event will focus on treaty bodies and the importance of ensuring transparent elections. ISHR aims to facilitate dialogue about ways to improve treaty bodies and election processes moving forward. Time and date for this event to be confirmed. See here for updates.

http://www.ishr.ch/news/alert-ga-73rd-session-agenda-third-committee

Further plea to Nobel foundation to recognize the HRDs of the world

October 5, 2018
On Thursday, 4 October 2018 Michel Forst and Susi Bascon wrote for the Thompson Reuters Foundation a piece entitled: “Growing global authoritarianism means we all need to become human rights defenders”. It is a further appeal to for the 2018 Nobel Peace prize to go to the Human Rights Defenders of the world {see: https://humanrightsdefenders.blog/2018/09/18/campaign-to-give-the-nobel-peace-prize-2018-to-the-global-community-of-human-rights-defenders/]:

It would be foolish to think that defending human rights is just an issue for people in faraway countries

Every night Juana Ramirez Santiago would deliver her husband’s dinner to the hardware store he worked as a watchman. One evening in late September she called him to tell him she was on her way. She never arrived. Neighbours heard four gun shots then found her lying dead on the street. Juana – who helped found a group to challenge violence against women – was just one of hundreds of human rights defenders brutally assassinated so far this year. 2018 is on course to set a grisly record. 

Tomorrow, the Nobel committee will announce the winner of the 2018 Peace Prize. This year the prize should be awarded not to a person or an organisation but – for the first time ever – to a community: a collective award for human rights defenders like Juana Ramirez all around the world.

Each day, these brave people stand up and speak out for nothing more than the rights which everyone should be entitled. And as a result, each day, many are silenced – thrown in jail, attacked or even murdered.

Yet how many of us have heard their names? They are hidden heroes. Too often they have to stand alone, courageous individuals and small grassroots communities forced to face down crooked legal systems, corrupt multinationals and oppressive governments. That’s why the role of UN special rapporteur for human rights defenders was developed. It’s why organisations like Peace Brigades International – who provide crucial life-saving support to defenders on the ground – exist. 

The prize would shine a global spotlight on their struggle in a year when we mark the 20th anniversary of the UN Declaration on Human Rights Defenders which outlined how defending human rights is a right in and of itself, not a crime. 

The award could not come at a more urgent time. Not just because they deserve recognition, but because in the words of the late Kofi Anna, “We need to be vigilant in the protection of human rights defenders, for when the defenders’ rights are violated, all our rights are injured.”

Defenders are an example to us all. They show us that our rights are not only granted by law but upheld and protected by communities and individuals. They demonstrate that we all need to be human rights defenders. Particularly now that there’s a growing backlash against human rights. 

It would be foolish to think that this is just an issue for people in faraway countries. Threats to hard won rights are advancing across the West, even in the United States. Just look at women’s rights. Access to abortion is being tightened in states like Iowa, Louisiana and Mississippi.

On LGBT rights it’s still legal to fire someone for being gay in most places in the United States. There are real fears about a rollback of rights from the Supreme Court.  

When even leaders of even the oldest democracies brand the media as an enemy of the people or say that “it’s embarrassing for the country to allow protesters” it’s time to recognise that the struggle of distant human rights defenders is a struggle everyone must face. That is, if we want to continue living in healthy, free and democratic societies.

Make no mistake, the tide has shifted – freedom and democracy are on the defensive. Authoritarianism is on the rise worldwide. That’s why we need to stand shoulder to shoulder with defenders across the globe.  And that’s why they should win the Nobel Prize. Worldwide, a narrative is spreading that human rights defenders are criminals.

The Nobel Prize is the loudest stage we have to challenge the growing discourse that discourse that dismisses and delegitimises non-violent activists as terrorists, anti-patriots, or threats to security and development.

It would send a clear message: to human rights defenders both home and abroad – you are not alone. To those who would harm them – the eyes of the world are watching and your actions will have consequences. And to the rest of us? The rights we don’t defend are the rights we can so easily lose. 

Michel Forst is the United Nations Special Rapporteur for Human Rights defenders and Susi Bascon is the director of the Peace Brigades UK

———-

http://news.trust.org//item/20181004153903-7wymp/

No naming and shaming on reprisals at 39th Human Right Council session

October 5, 2018

On my ‘favorite’ topic of reprisals [see e.g.: https://humanrightsdefenders.blog/tag/reprisals/ ] the ISHR reported that for the first time, the Human Rights Council had a chance to have a dialogue on the Secretary-General’s annual report on reprisals on 20 September 2018. Civil society had hoped States would seize this opportunity to denounce States carrying out reprisals against defenders engaging with the UN. Regrettably only one State, Germany, made explicit reference to a case of reprisal in the report. ‘We welcome in particular Germany’s intervention in the dialogue, citing the case of Egyptian lawyer Ibrahim Metwally, detained since October 2017 by the Egyptian authorities’, said Salma El Hosseiny, ISHR Human Rights Council Advocate. ‘This is precisely what we need more of—States having the courage and conviction to stand up for defenders and call out countries that attack and intimidate them. What we see now is defenders dissuaded from engaging because the cost is too high. What we need is for States to turn away from repression and attacks, because the cost to them is too high’.

The senior official on reprisals, Andrew Gilmour [https://humanrightsdefenders.blog/tag/andrew-gilmour/], presented the Secretary-General’s annual report on reprisals during the first ever interactive dialogue with the Human Rights Council. The report catalogues 45 new cases of reprisals, ranging from travel bans and smear campaigns to arbitrary arrests and detention, inhuman treatment, torture, and killing. The ASG made it clear in his presentation that reported cases are just the ‘tip of the iceberg’ and spoke of three significant trends:

(1) the systematic denigration of human rights defenders and civil society organizations as “terrorists”;

(2) reprisals often being disguised as legal, political and administrative measures; and

(3) the use of accreditation and security procedures to hinder people from speaking out at UN headquarters and elsewhere.

ISHR delivered a statement during the session citing cases of reprisals against Chinese defenders not included in the report—Wang Qiaoling, Li Wenzu, Cao Shunli, and Uyghur activist Dolkun Isa—and calling for systematic follow-up by the Council on cases in the report.

We are especially concerned, once again, about the high number of Council Members or candidates for Council membership cited in the report, including: Bahrain, Burundi, Cameroon, China, Cuba, Democratic Republic of Congo, Egypt, Hungary, India, Iraq, Japan, Kyrgyzstan, Mexico, Pakistan, Philippines, Rwanda, Saudi Arabia, United Arab Emirates, and Venezuela,’ said El Hosseiny.

Half of the States cited in the report intervened during the dialogue to deny the allegations against them. While a significant number of States engaging in the dialogue supported the mandate to varying degrees and asked the ASG what could be taken to strengthen it, another group questioned the ASG’s methodology. Still others firmly opposed the work of the ASG on reprisals, including China and Cuba. China said it ‘regrets and objects’ to the report and the mechanism, and its use of ‘unproven information’, which it deems an interference with its sovereignty.

A side event organised by ISHR following the dialogue highlighted the urgent need to improve both the physical and digital security of defenders at risk of reprisals, and for States and the OHCHR to take a stronger position on this issue at a time when powerful States are threatening the UN system and its core values. ISHR in particular noted its disappointment with the low number of States in the dialogue that took due note of the allegations in the report, as opposed to attacking the methodology of the report and the reliability of the information.

Watch the statement here: 

Read ISHR’s full statement to the Council here.

https://www.ishr.ch/news/hrc39-l-states-largely-decline-cite-specific-cases-during-councils-first-discussion-reprisals

Becca Heller, human rights lawyer, gets MacArthur Genius scholarship 2018

October 5, 2018

Portrait of Becca Heller

Becca Heller – a Human Rights Lawyer with the International Refugee Assistance Project in New York – became a MacArthur ‘Genius” scholar in 2018. She has been mobilizing the resources of law schools and law firms to defend the rights of refugees and improve protection outcomes for many of the world’s most at-risk populations.

ABOUT BECCA’S WORK 

Becca Heller is a human rights lawyer mobilizing the resources of law schools and law firms to defend the rights of refugees and improve protection outcomes for many of the world’s most at-risk populations. She is the director and co-founder of the International (originally Iraqi) Refugee Assistance Project (IRAP), which provides legal services to individual refugees as they navigate labyrinthine application, appeal, and resettlement processes under U.S. and international law. 

IRAP functions as a nimble, “virtual” public interest law firm that partners with volunteer attorneys who work pro bono on urgent refugee cases, often teamed with law students.  Founded as a student organization at Yale Law School in 2008 to help Iraqis displaced by war safely resettle in the West, IRAP has since established chapters at 29 law schools and partnerships with more than 100 law firms and has expanded its reach to refugees from countries throughout the Middle East and North Africa. Cases are taken on through IRAP’s field offices in Jordan and Lebanon as well as referrals from the United Nations High Commissioner for Refugees, among numerous other organizations, with a special focus on highly vulnerable individuals, such as children with medical emergencies; Iraqi and Afghan wartime allies; those persecuted for reasons of religion, sexual orientation, or gender identity; and survivors of gender-based violence. Lessons learned through individual cases have also led IRAP to advocate for systemic reforms that benefit broader refugee populations, such as improved Special Immigrant Visa processing for Iraqis and Afghans facing threats because of their service to the U.S. military.

More recently, Heller and IRAP played a prominent role in responding to the January 27, 2017, executive order restricting people from seven majority Muslim countries from entering the United States. Anticipating the signing of the order, Heller and colleagues alerted IRAP’s vast network of volunteer lawyers to go to airports to assist those who might be detained. Hameed Darweesh, an IRAP client who served as a translator for the U.S. Army in Iraq, became the lead plaintiff in a lawsuit that resulted in a nationwide stay preventing the deportation of people with valid visas and refugee status.  As the number of forcibly displaced people reaches unprecedented levels worldwide, Heller is working to expand pathways to safety for those fleeing persecution and educating a new generation of lawyers about the importance of access to counsel for those whose lives hang in the balance.

BIOGRAPHY

Becca Heller received a B.A. (2005) from Dartmouth College and a J.D. (2010) from Yale Law School. She has served as co-founder and director of the International Refugee Assistance Project since 2008 and was a visiting clinical lecturer at Yale Law School from 2010 to 2018. Heller has authored articles in Foreign Policy and the Stanford Social Innovation Review and is a frequent speaker on immigration and refugee issues.

https://www.macfound.org/fellows/1013/

Binalakshmi Nepram and Svetlana Alexievich win Anna Politkovskaya Award 2018

October 5, 2018