share information on human rights defenders, with special focus on human rights awards and laureates
A Thai court found British labor activist, Andy Hall, guilty of defaming a fruit canning company, and gave him a suspended prison sentence in a case that has raised serious concerns among human rights workers and free speech advocates. He was found guilty of criminal defamation against Natural Fruit Company Ltd. in connection with a 2013 report he researched for the Finnish consumer organization Finnwatch that alleged labour abuses at the company’s facilities. [https://thoolen.wordpress.com/2013/04/11/defamation-charges-against-hall-will-chill-labor-rights-in-thailand-says-human-rights-watch/]
The case raises questions about Thailand’s punitive criminal defamation laws and the ease of being condemned for violating the Computer Crimes Act because the information was posted on the internet. Hall was given a suspended sentence of three years with a probationary period of two years, and a fine of 150,000 baht ($4,300). He said he will appeal the ruling. He was allowed to go free after his fine was paid. Two civil suits by the company against him are pending, as is an appeal against his acquittal on a previous criminal defamation charge.
“I don’t feel any shame, I don’t feel any regret. But I feel it is an injustice, what’s happened here today,” Hall said. “I respect the decision of the court, but I feel real injustice, not for me, it’s not about me, this case was never about me, it was never about Andy Hall doing research about migrant workers. It was about a human rights activist doing research for the public interest.”
Sonja Vartiala, executive director of Finnwatch, said her organization was “shocked by today’s verdict.” “The report was authored and published by Finnwatch; we take full responsibility for it,” Vartiala said. “Andy has been made a scapegoat in order to stifle other voices that speak out legitimately in support of migrant worker rights.” “This is a sad day for freedom of expression in Thailand,” … “We fear that many other human rights defenders and victims of company abuse will be scared to silence by this ruling.”
Finnwatch was not sued, nor was the Al Jazeera news network, to whom Hall gave an interview that was the basis for part of the cases against him.
Virat Piyapornpaiboon, the owner of Natural Fruit, said justice was done. “I think that it’s not important whether he goes to jail or not, but what’s important is whether or not what he said was true,” Virat said. “This is proof that no matter who you are, if you are not just and you make up stories and cause damage to others, you must be punished.“
Source: Thai Court Finds British Activist Guilty of Defamation – The New York Times
http://sea-globe.com/british-activist-andy-hall-found-guilty-defamation-thai-court/
Jury members of the Martin Ennals Award speak about Razan Zaitouneh, one of three Finalists for the Martin Ennals Award 2016 . Razan Zaitouneh is a prominent human rights lawyer, activist, and journalist in Syria. Razan has dedicated her life to defending political prisoners and documenting crimes against humanity, whether committed by the Government or rebel forces. This video was uploaded on 25 April 2016. The MEA ceremony will take place in Geneva on 11 October. 
An Egyptian court has approved a freeze on the assets of five prominent human rights activists and three non-governmental organisations in a case related to accepting foreign funds without government authorization. Saturday’s decision paves the way for criminal proceedings against the defendants, who have been accused of “pursuing acts harmful to national interests”. They face life sentences of up to 25 years each if found guilty. The rulings can be appealed.
Gamal Eid, a vocal critic of President Abdel-Fattah el-Sisi, is among those affected by the order of the Cairo Criminal Court. “We know from the start the case is political and the aim is revenge against NGOs that expose the state’s abuses,” said Eid, the head of the Cairo-based Arab Network for Human Rights Information.
The assets of Hossam Bahgat, the founder and former director of the Egyptian Initiative for Personal Rights, will also be frozen. The court also froze the assets of three organisations and their directors; the Cairo Institute for Human Rights Studies and its director Bahey el-Din Hassan, the Hisham Mubarak Law Centre and its director Mostafa al-Hassan, and the Egyptian Right to Education Centre and its director Abdelhafiz Tayel. Bahgat, Eid, and nine others are also banned from travel in connection to the case that has been going on since 2011.
Amnesty International described the court order as a “shameless ploy to silence human rights activism”. Egyptian rights activists say they are facing the worst assault in their history amid a wider campaign to erase freedoms won in a 2011 uprising that ended Hosni Mubarak’s 30-year rule. Independent United Nations experts said in April that Egypt is closing down domestic NGOs and putting travel bans on their staff in order to obstruct scrutiny of human rights issues. See earlier posts: https://thoolen.wordpress.com/tag/egypt/
Source: Egypt court freezes assets of rights defenders and NGOs – News from Al Jazeera
The European Parliament awards the Sakharov Prize for Freedom of Thought every year to honor individuals and organisations defending human rights and fundamental freedoms. Nominations for the Sakharov Prize are made by political groups or by at least 40 MEPs. The 4 nominees for this year’s Sakharov Prize are:
Can Dündar, the former editor-in-chief of Turkish daily Cumhuriyet, was arrested last November after his newspaper reported on Turkey’s intelligence service smuggling arms to rebels in Syria. He was later sentenced to five years and 10 months in prison for “revealing state secrets”, survived an assassination attempt and now lives in exile. He was nominated by Greens/EFA, EFDD and GUE/NGL.
Mustafa Dzhemilev, former chair of Mejlis of the Crimean Tatars People (Tatar parliament), a former Soviet dissident and a Ukrainian MP, has been standing up for human and minority rights for more than half a century. He was six months old when he and his family were deported to central Asia along with all other Crimean Tatars and was only able to come back 45 years later. Now, after Russia annexed Crimea, the human rights activist is again barred from entering the peninsula. He was nominated by EPP and ECR.
Nadia Murad Basee and Lamiya Aji Bashar are advocates for the Yazidi community and for women surviving sexual enslavement by Islamic State. They are both from Kocho, one of the villages near Sinjar, Iraq, which was taken over by Islamic State in the summer of 2014, and are among the thousands of Yazidi girls and women abducted by Islamic State militants and forced into sex slavery. Murad is also a promoter for recognition of the Yazidi genocide. They were nominated by S&D. Murad Basee was also nominated separately by ALDE.
Ilam Totti, a peaceful advocate of China‘s Uyghur minority, is serving a life sentence in prison. He was convicted on charges of “separatism” for co-founding the website Uyghur Online, designed to promote understanding between Uyghurs and Han Chinese. He was nominated by MEP Ilhan Kyuchyuk and 42 other MEPs. Ilam Totti – also spelled as Ilham Totti – was announced on 27 April as one of the Final Nominees of the MEA [https://thoolen.wordpress.com/2016/04/27/breaking-news-final-nominees-2016-martin-ennals-award-tohti-zone-9-bloggers-razan-zaitouneh-annoucement/]
The vote for the shortlist of three finalists will be held during a joint meeting of the foreign affairs and development committee. The Conference of Presidents, made up of the Parliament President and the political group leaders, will announce the winner(s) of the 2016 Sakharov Prize on 27 October.
For more on the Sakharov award: https://thoolen.wordpress.com/tag/sakharov-prize/
Source: Sakharov Prize 2016: nominees revealed | News | European Parliament
Last week I reported that a number of NGOs had written to the UN Human Rights Council [https://thoolen.wordpress.com/2016/09/09/un-human-rights-council-urged-to-address-situation-in-ethiopia/]. Speaking at the opening session of the Council, Zeid Ra’ad Al Hussein, the UN High Commissioner for Human Rights, said: “While Ethiopia has made impressive gains in terms of economic development, we are deeply concerned about repeated allegations of excessive and lethal use of force against protestors, enforced disappearances, and mass detentions, including of children, as well as by worrying restrictions on civil society, the media and opposition.” The High Commissioner said it was “mystifying” that the Ethiopian government refused to allow his office access to parts of the country where human rights abuses – including the recent shooting of protestors – have been alleged.[https://thoolen.wordpress.com/2016/09/14/un-high-commissioner-for-human-rights-states-may-shut-my-office-out-but-they-will-not-shut-us-up/]. The UN High Commissioner used the occasion to criticise Ethiopia for a recent crackdown on opposition which has included the kidnapping and sentencing to death of a British man, Andargachew ‘Andy’ Tsege.
The Voice of America reported that Feyisa Lilesa, the Ethiopian silver medalist in the marathon at last month’s Rio Olympics, was in Washington this week, calling on the U.S. Congress to take action in solidarity with Ethiopians protesting their government. Lilesa gained worldwide attention when he crossed his wrists as a sign of protest as he approached the finish line during the Rio men’s marathon. He is Oromo and made the gesture in solidarity with Oromo protests that have occurred in Ethiopia since last November over issues including land rights and fair representation in the government. He met with Prince Zeid Ra’ad Al-Hussein, the U.N. high commissioner for human rights, in New York to discuss human rights issues in Ethiopia.
The Martin Ennals Award has in the meantime published a short video with comments by its Jury members about the Final Nominee from Ethiopia: Zone 9 Bloggers:
sources:
http://www.voanews.com/a/ethiopian-runner-calls-united-states-push-human-rights/3509965.html
The widely-supported call to free Bahraini human rights defender Nabeel Rajab [https://thoolen.wordpress.com/tag/nabeel-rajab/]was also taken up by the Iranian Tasnim News Agency (operating in English since 2013). This of course most welcome but begs the question why other such calls for human rights defenders, e.g. in Iran, do not get such attention [https://thoolen.wordpress.com/tag/iran/] or the persist lack of cooperation with the UN is not critically reported [see yesterday’s: https://thoolen.wordpress.com/2016/09/14/un-high-commissioner-for-human-rights-states-may-shut-my-office-out-but-they-will-not-shut-us-up/]
The explanation is to be found in ‘about us’, where the agency says: Defending the Islamic Revolution against negative media propaganda campaign and providing our readers with realities on the ground about Iran and Islam, specially current wave of the Islamic Awakening in the region are top on our agenda in Tasnim News Agency. The Islamic nature of the developments in the region and similarities between the Islamic Awakening Movement, which swept the Middle East and North Africa since 2011, and Iran’s 1979 Islamic Revolution have unveiled Islamic Revolution’s inspiring role in the region. The development came despite efforts made by opponents and enemies of Iran to block the country’s growing influence in the region and in the world……Tasnim News Agency will do its best to bring to light the true aspects of events and developments in Iran and in the world, and will also cover the latest developments regarding the Islamic Awakening Movement.
That Nabeel Rajab is Shia may well be relevant.
Readers are forgiven for not remembering that in the 1980’s it was forbidden for UN officials to name and shame countries by name (with a few exceptions) and those that did usually paid a price for that (e.g. Theo van Boven in 1982 and the curtailing of terms for some High Commissioners). Now, in the span of one week the current High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, has first named and shamed some politicians as dangerous demagogues (6 September 2016 in the Hague): Mr. Wilders. Mr. Trump, Mr. Orban, Mr. Zeman, Mr. Hofer, Mr. Fico, Madame Le Pen, and Mr. Farage. He followed this up in his opening statement at the 33rd session of the UN Human Rights Council on 13 September 2016 with a forceful attack on countries that refuses to cooperate with his Office or other UN procedures: foremost Syria but also Venezuela, Turkey, Ethiopia, Israel, North Korea, India, Pakistan, Mozambique, USA, Gambia, China, Nepal, Uzbekistan, Armenia, Dominican Republic, Belarus, Eritrea, Iran, and Burundi. The non-cooperation by those in control of areas such as Abkhazia, South Ossetia, Crimea, and Nagorno-Karabakh was also singled out.
The part that underpins the ‘legitimacy’ of his interference is of special relevance: “Under international law, wrongful “intervention” – as prohibited in Article 2(7) of the UN Charter – is by nature coercive. And it should be obvious that my Office has no coercive power. No activity that we undertake can possibly be considered constitutive of a prohibited “intervention”. …We request access so we can better work to help bring your laws and practices in line with international agreements which you, the States drafted and ratified – and to assist you to comply with recommendations which you have publicly, and often fulsomely, accepted….Are human rights exclusively a national issue? Governments have the responsibility to uphold their human rights obligations and to respect the standards. But the human rights of all people, in all countries, also require – unquestionably – our collective attention. The Vienna Declaration, adopted unanimously 23 years ago, confirmed this..”
“Human rights violations will not disappear if a government blocks access to international observers and then invests in a public relations campaign to offset any unwanted publicity. On the contrary, efforts to duck or refuse legitimate scrutiny raise an obvious question: what, precisely, are you hiding from us? I classify as refusals of access all unreasonable delays, elaborately ritualised and unreasonably prolonged negotiations, and responses to specific requests which seem to seek to fob us off with inadequate alternatives to real, fact-based assessment. Access delayed is access denied: two weeks is surely amply sufficient to secure a decision from all relevant officials. Claims that insecure conditions make it impossible to give my staff access are also less than acceptable. My staff work with great courage in some of the world’s most severely threatened communities, and will continue to do so when called upon – or at least, we could be the judge of that.
States may shut my Office out – but they will not shut us up; neither will they blind us. If access is refused, we will assume the worst, and yet do our utmost to nonetheless report as accurately as we can on serious allegations. Our remote monitoring is likely to involve witness testimony, credible third-party reports and use of satellite imagery, among other techniques. Certainly, remote monitoring is a poor substitute for in-person observation by expert analysts. It makes it more difficult to verify and confirm the competing allegations of any party – including the Government. I regret that imprecision, and encourage all States to assist us to correct it, by permitting my teams unhindered access to events on the ground when requested.“
The two texts follow below in toto; summarizing them would not do justice to the elaborate and courageous words of this High Commissioner, who seems not to be concerned about securing a second term. Moreover, the one in the Hague stands out by its eloquence!
Three women Nobel Prize laureates will discuss peace, gender issues and human rights when they participate in a panel discussion on 14 September 2016 at Quinnipiac University, Connecticut, USA.
Shirin Ebadi, the first female judge in Iran, Leymah Gbowee, a leader in Libya’s movement towards democracy and interfaith understanding, and Tawakkol Karman, a journalist who was a leader in Yemen’s movement toward democracy, will take part in the discussion which takes place at 7:30 p.m. on Wednesday, 14 September at Burt Kahn Court at Quinnipiac University, 275 Mount Carmel Ave. The event is free and open to the public.
Source: Nobel Laureates Hold Human Rights Panel at Quinnipiac University – Hamden, CT Patch
As usual, the Geneva-based International Service for Human Rights (ISHR) has published a preview of the main items coming up in the next (33rd) session of the Human Rights Council‘s starting on Tuesday 13 September 2016. It will finish on 30 September. For human rights defenders the focus on the question of reprisals is of great importance.
Other thematic issues are: enforced disappearances, arbitrary detention and National Human Rights Institutions.
A highlight this session will be the opportunity for States to respond to the Secretary-General’s latest report documenting serious cases of intimidation and reprisals against human rights defenders, and contribute to finding concrete solutions at panel discussion to be hosted by the core group of States on this topic (Hungary, Uruguay, Ghana, Ireland and Fiji). The Secretary General’s annual report on cooperation with the UN, its mechanisms and representatives in the field of human rights – more frequently referred to as the “reprisals report” – will be presented at this session of the Council. The report covers the period from 1 June 2015 onwards.
Particular attention during HRC33 will be paid to Bahrain. According to allegations of travel bans against human rights defenders documented by the President of the Human Rights Council, and communicated via the minutes of a recent meeting of the HRC Bureau [LINK], in which the President expressed concern about “the lack of appropriate action or adequate explanatory information from the concerned State” to the allegations.
The Secretary-General’s report consists of a compilation of cases of intimidation and reprisals due to cooperation with the UN organisations and its specialised agencies in the field of human rights, including cases in relation to the Council, its UPR and Special Procedures; Human Rights Treaty Bodies; the OHCHR, its field presences and Human Rights Advisers; United Nations Country Teams; human rights components of peacekeeping missions and other parts of the Secretariat or specialized agencies working in the field of human rights.
The Secretary General’s last report documented a significant number of cases in which people have been threatened, stigmatised, censored, restricted from travelling, detained, beaten, held in solitary confinement, disappeared, and tortured for their work to expose and pursue accountability for human rights violations at the UN. In many of the cases the threats and attacks have not been properly investigated nor have perpetrators been held to account. However, the report did note a range of positive developments aimed at preventing and promoting accountability for reprisals highlighting that:
In line with previous recommendations of the Secretary-General, States are encouraged to use the General Debate under Item 5 to address the cases documented. This should include in particular the States concerned, i.e. those mentioned in the report, who are expected by civil society to respond to the allegations and set out the steps taken to investigate them, hold the perpetrators to account and provide remedies to the victims.
Many of my earlier posts relate to reprisals: https://thoolen.wordpress.com/tag/reprisals/, including: https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/
Working Group on Enforced Disappearances
The Working Group on Enforced Disappearances will present its report, summarising its activities over the last year and previewing its thematic study on enforced disappearances in the context of migration. Included in this is a short discussion of ‘individuals [who] migrate due to the disappearances of their relatives or loved ones or to avoid reprisals due to their work in searching and pursuing justice… and human rights defenders who are forced to migrate due to their work fighting enforced disappearances.’ The Working Group’s report also expresses serious concern as to ‘a pattern of threats, intimidation and reprisals against victims of enforced disappearance, including family members, witnesses and human rights defenders working on such cases. It calls upon States to take specific measures to prevent such acts and re-iterates the call for the UN to appoint a high-level official to combat reprisals as a matter of urgency and priority.
Working Group on Arbitrary Detention
The mandate of the Working Group on Arbitrary Detention will be renewed at this session. Among the likely ‘asks’ of the resolution are more resources to support their ability to respond to victims of arbitrary detention, the ability to raise awareness through reporting to the UN General Assembly and the mandate from the Council to embark on a thematic study.
National human rights institutions
National human rights institutions have a vital role to play in contributing to the national implementation of international human rights obligations. The annual report of the Secretary-General and High Commissioner sets out a range of steps and measures that both States and NHRIs should take in this regard. For States, such steps should include ensuring that the NHRI is broadly mandated (including in respect of economic, social and cultural rights), that it is adequately resourced, authorised to inspect places of detention, and protected from interference, intimidation and reprisals. For NHRIs, the report emphasises the importance of engaging and consulting closely with civil society, contributing to the protection of human rights defenders, and enhancing cooperation with international human rights mechanisms as a means of bridging the ‘implementation gap’.
Following the special session of the Human Rights Council on Burundi in December 2015, an interactive dialogue on the situation in Burundi is scheduled to take place on 27 September. From 13 to 17 June three human rights experts of the United Nations Independent Investigation on Burundi conducted their second visit to Burundi to address the human rights concerns raised in the special session Human Rights Council resolution. The experts will present their final report to the Human Rights Council this session. The gravity of human rights violations and the level of State responsibility in Burundi is unacceptable. [https://thoolen.wordpress.com/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]
Given the deteriorating situation of human rights in Cambodia, and the impunity with which intimidation and violence against human rights defenders occur, a range of national and international organisations calls on the Council to adopt a resolution on the country. This step would acknowledge the backsliding over the last year; reiterate the Council’s expectations for meaningful cooperation, with the Special Rapporteur and the OHCHR; and lay out benchmarks for the coming year, in light of the 2017 elections and the anniversary of the Paris Peace agreement, that would indicate clear progress achieved through the technical assistance and capacity-building mandate The interactive dialogue with the Special Rapporteur on Cambodia, scheduled for 28 September, is a chance for the international community to hear from, and respond to, Special Rapporteur Rhona Smith following her visits to the country and the communications she and other UN experts sent related to harassment and detention of NGO workers and the killing of well-known public figure Kem Ley. [https://thoolen.wordpress.com/2016/05/04/civil-society-condemns-charges-human-rights-defenders-cambodia/]
Individual interactive dialogues with mandate holders will be held in relation to Sudan, Central African Republic and Somalia. Interactive dialogues on the High Commissioner’s reports and oral updates will be held on the Democratic Republic of the Congo, Libya, and Ukraine. The High Commissioner will present his reports on Cambodia and Yemen in a General Debate under Item 10. There will also be an interactive dialogue with the Commission of Inquiry on Syria.
The Council will adopt the UPR reports of 14 countries.
#HRC33 / Thematic areas of interest | ISHR
https://www.ishr.ch/news/hrc33-country-specific-developments
Hans Thoolen on Human Rights Defenders and their awards 