The situation in Burundi continues to be marred by instability and reports of serious human rights violations, including allegations of extra-judicial killings, disappearances, torture, and arbitrary detention of members of the opposition, civil society and those suspected of opposing the Government. Human rights defenders and journalists are among the hundreds of thousands of people who have fled the country since April 2015. I have written quite a bit about Burundi where all early warning signs of violence and ethnic cleansing are present [https://thoolen.wordpress.com/2015/11/10/burundi-what-more-early-warning-does-one-need; https://thoolen.wordpress.com/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/]. And the situation continues:
The UN Committee against Torture (CAT) issued a wake-up call to Burundi said Amnesty International on 12 August 2016 after the Committee flagged an increase in the use of torture and other ill-treatment since the beginning of the country’s current crisis in April 2015. In its concluding observations the Committee’s 10 independent international experts expressed deep concern over hundreds of cases of torture alleged to have taken place in recent months in both official and unofficial places of detention.
On 8 August 2016 the CAT had already issued a report that it was gravely concerned by reports that four Burundian lawyers who provided information to it are being subjected to reprisals. In a press statement issued by the Office of the UN High Commissioner for Human Rights, the Committee said the four lawyers – Armel Niyongere, Lambert Nigarura, Dieudonné Bashirahishize and Vital Nshimirimana – had contributed to an alternative report by a coalition of Burundian non-governmental organizations for the its review, and three were present at the review in Geneva on 28 and 29 July. According to the Committee, on 29 July, a Burundian prosecutor asked the President of the Bujumbura Bar Council to strike the lawyers off the professional register, alleging that they had committed several offences, including involvement in an insurrectionist movement and an attempted coup. The Committee’s letter, signed by Chair Jens Modvig and Rapporteur on Reprisals Alessio Bruni, notes that the prosecutor requested sanctions against the lawyers, rather than an inquiry to establish the facts, “which raises concerns with respect to presumption of innocence.” It goes on to state that this concern “is all the stronger given that the (prosecutor’s) request came on the same day that the Burundian delegation, presided over by the Minister of Justice, indicated they would not be participating in the second session of dialogue with the Committee, citing the alternative report by Burundian civil society in particular as the reason.” [Mr. Modvig and Mr. Bruni also point out that the Committee raised the issue of reprisals after the last regular review of Burundi in 2014. They reminded the Burundian Government that reprisals contravene Article 13 of the Convention against Torture, to which the country has been a party since 1993. Article 13 states that complainants and witnesses should be protected against all ill-treatment or intimidation as a consequence of making a complaint or giving evidence.]
Finally on 16 August the United Nations Special Adviser on the Prevention of Genocide,Adama Dieng, expressed his concern at inflammatory statements by public officials that could constitute incitement to violence including, most recently, by a senior official of the ruling CNDD-FDD political party. In a statement on 16 August 2016 that was published on the CNDD-FDD website, Pascal Nyabenda, who was at the time President of the CNDD-FDD party and President of the National Assembly, suggested that the genocide in Rwanda was a fabrication of the international community, (“montages genocidaires contre le Gouvernement dit Hutu de Kigali”) that was used to remove the Hutu government that was in place at the time. “This irresponsible statement could be interpreted as genocide denial”, Mr. Dieng said, “and has the potential to inflame ethnic tensions, both within Burundi and outside its borders”. At the 20 August meeting of the party, a new head of the CNDD-FDD was appointed but Mr. Nyabenda continues in his role as President of the National Assembly. Special Adviser Dieng also raised concern that the youth wing of the CNDD-FDD party, known as the Imbonerakure, continues to be associated with human rights abuses and is reported to have threatened ethnic violence. He noted that the Minister of the Interior of Burundi had confirmed that the Imbonakure formed part of the national security strategy, as the CAT also pointed out in its concluding observations.
To make things even worse Burundi has rejected in early August the deployment of a United Nations police force saying the France-drafted resolution authorizing the security contingent was made without Bujumbura’s consent. “The government of Burundi rejects every aspect of this resolution linked to the deployment of any force on its territory,” spokesman Philippe Nzobonariba said in a statement released on Tuesday, adding that the resolution was “in violation of the fundamental principles required of the UN family and above all violating its sovereignty.” The response came after the UN Security Council authorized to dispatch of up to 228 officers to Bujumbura and elsewhere throughout the west African country for an initial period of one year, in an attempt to provide the council, according to French Ambassador Francois Delattre, with “eyes and ears” on the ground to provide early warning of possible mass atrocities. The planned deployment of the contingent has aroused fury from the country’s authorities, who initially agreed to accept no more than 50 officers The country’s authorities initially agreed to accept no more than 50 officers, but now infuriated by the UN planned deployment of 228-strong contingent, have rejected even the 50-strong security force.
Ahmed Mansoor, the Laureate of the Martin Ennals Award 2015, was the target of a major hacking attempt. Fortunately it received global coverage on 26 and 27 August 2016 and Apple has immediately issued a security update to address the vulnerabilities. [For those with Iphones/Ipads, you may want to update your IOS software to 9.3.5!]
Image copyrightAP – human rights defender Ahmed Mansoor
The flaws in Apple’s iOS operating system were discovered by Mansoor who alerted security researchers to unsolicited text messages he had received on 10 and 11 August. They discovered three previously unknown flaws within Apple’s code that meant spyware could be installed with a single tap. Apple has since released a software update that addresses the problem. The two security firms involved, Citizen Lab and Lookout, said they had held back details of the discovery until the fix had been issued.
The texts promised to reveal “secrets” about people allegedly being tortured in the United Arab Emirates (UAE)’s jails if he tapped the links. Had he done so, Citizen Lab says, his iPhone 6 would have been “jailbroken”, meaning unauthorised software could have been installed. “Once infected, Mansoor’s phone would have become a digital spy in his pocket, capable of employing his iPhone’s camera and microphone to snoop on activity in the vicinity of the device, recording his WhatsApp and Viber calls, logging messages sent in mobile chat apps, and tracking his movements,” said Citizen Lab. The researchers say they believe the spyware involved was created by NSO Group, an Israeli “cyber-war” company.
The spyware would have been installed if Mansoor had tapped on the links. Image copyright CITIZENLAB
On Wednesday 24 August the 39th Congress of the International Federation for Human Rights (FIDH) closed after two days in Johannesburg. More than 400 delegates from more than 120 countries participated and in the closing session some of the action points taken were recognized by regional bodies such as the European Union (EU) and the African Commission on Human and Peoples’ Rights (ACHPR).
EU special representative on Human Rights Stavros Lambrinidis said: “We need to have the EU itself judged, criticized and advised every day. Because the fact of the matter is, no one is perfect in Human Rights and that includes the European Union”.
ACHPR Chairperson Pansy Tlakula said her organization will continue to support FIDH in their efforts. “The African Commission on Human and Peoples’ Rights values the collaborative and mutual beneficial relationship with FIDH. And on our part we will continue to collaborate with you, we will continue to support you and we also count on your support. Because even if we have to say so ourselves, our commission remains one of the most welcoming inter-governmental organizations to civil society organizations.”
The video below contains excerpts from these statements:
The forum discussed the following topics:
• Restricting freedom of association and human rights in the name of security
• Defending Human Rights principles within heterogeneous societies
• Invoking morals, religious or traditional values to build a new world order: States opposing Human Rights principles
• An unbalanced and unfair globalisation: the consequences of an economy disregarding Human Rights and civil society groups
• Redesigning Human Rights funding
• Civil society influencing global economic projects
• Whistle-blowers: Exposing violence violations and corruption, seeking transparency and the right to freedom of information
• How can the Human Rights movement further engage with the rest of society?
• A shield and a sword: Enforcing rights through the judiciary
• Deploying innovate advocacy
•Using the web and social networks – securely reaching out, accessing new audiences and generating engagement
DatNav, a guide designed to help human rights defenders navigate and integrate digital data into your human rights research, was launched today.
DatNav is the result of a collaboration between Amnesty International, Benetech, and The Engine Room which began in late 2015 culminating in an intense four-day writing sprint facilitated by Chris Michael and Collaborations for Change in May 2016. Based on interviews, community consultations, and surveys the researchers found that in the vast majority of cases, human rights defenders were not using the tools. Why? Mainly, human rights researchers appeared to be overwhelmed by the possibilities.
Still, integrating and using digital data in a responsible way can make a huge and important difference to human rights research. Acquiring, disseminating and storing digital data is also more in reach. DatNav is about navigating these new possibilities.
In May 2016, the 3 NGOs gathered a group of experts to create a guide to help address this problem, and created the foundations of DatNav. Nearly 70 key members of the human rights tech and data community, representing nearly 40 different organisations from around the world, played key roles in the creation of DatNav.
This is just the beginning. If you’re interested in taking the guide forward, whether to inform strategy in your work, to train others, or through translations, or adaptations of the content, the organizers would like to hear from you. The content is all CC-BY-SA licensed and remixes of the content are more than welcome. We’re in initial talks to release an Arabic translation of DatNav, and we’d like to carry out others, too.
You can sign up for The Engine Room’s newsletter to be notified of new updates and releases.
To find out more about the project or give feedback, you can send an email. You can also reach out on Twitter @zararah and The Engine Room @EngnRoom.
After more than 5 years as Executive Director and over 10 years at HURIDOCS (he joined as training officer in January 2006) Daniel D’Esposito will leave the organizations on 1 October 2016. He joined the organization when it was in a very difficult position but managed to bring it back to be the key documentation network on human rights. Eddie Halpin, HURIDOCS Chair: “I need to pay particular thanks to Daniel. His achievements are amazing, his strength incredible, and his passion frightening; I do not think anybody else could possibly have brought HURIDOCS, to where it is and I am honoured to have shared in some of that with him.” He encourages you to watch the HURIDOCS mailing list so as not to miss the vacancy announcement.
China‘s use of ‘video confessions’ would be almost comical if it was not so serious for the individuals concerned [see e.g. https://thoolen.wordpress.com/2016/01/21/confessions-abound-on-chinese-television-first-gui-minhai-and-now-peter-dahlin/]. Now it is the turn of Wang Yu, a well-known Chinese human rights lawyer who was released on bail after she purportedly “confessed” to some wrongdoings. Wang Yu, 45, who was arrested by mainland police in July last year on charges of political subversion [https://thoolen.wordpress.com/tag/wang-yu/], appeared in a video expressing “deep remorse” for her actions. In the televised confession, Wang is shown rebuking her profession and accusing “foreign forces” of using her law firm to smear the Chinese government.
Chan Kit-man, secretary-general of the Hong Kong-based Chinese Human Rights Lawyers Concern Group, noted that the Wang case is similar to that of another human rights lawyer, Zhao Wei, who was also set free after a videotaped confession.
The Chinese lawyer has handled several politically sensitive lawsuits, including the case of Cao Shunli, who was detained for months for staging sit-ins at the foreign ministry and later died. She also defended Ilham Tohti, a Uyghur economist who was handed a life sentence on separatism-related charges. Tohti is one of 3 final nominees for the MEA 2016. She also provided legal assistance to the families of six schoolgirls who were sexually abused by their teachers in Hainan province and to practitioners of Falun Gong, a spiritual movement banned in China.
(Wang appeared on Phoenix TV on July 31 in an interview apparently conducted at a restaurant in Tianjin. She said she is physically well after recovering from a mammary gland tumor in February and March this year. Wang said arrangements had been made for her to undergo surgery. The action made her realize the “human touch and care” of Chinese authorities.)
“In her confession released on 1 August, Wang Yu criticised fellow human rights lawyers, saying that they were motivated by money and fame and blamed overseas activists for using human rights defenders as tools to tarnish the reputation of the Chinese government. Wang Yu’s confession is the most recent in a series of televised confessions of human rights defenders which have been broadcast in an attempt to undermine human rights work in the country. At least two of those who had previously appeared in such videos later said that their confessions were scripted and that they were pressured to participate”. … Wang Yu had been held incommunicado since 9 July 2015 and her husband, Bao Longjun , remains in detention, having been seized on the same day. Their 16 year old son, Bao Zhuoxuan, is under tight surveillance at the home of his grandparents following an unsuccessful attempt to flee China last year with the help of two human rights defender friends of his parents.”
A day later a court in Tianjin Tuesday handed down a guilty verdict for Chinese rights defender Zhai Yanmin, who was given a three-year jail term with a four-year probation period after being found guilty of “state subversion.”
Mary Lawlor has only just announced her departure (see announcement published yesterday) and already an article on Colombia of 11 July 2016 shows what insights we may miss in the future. The link between the peace process and the role of human rights defenders in Colombia was referred to in earlier posts [e.g. https://thoolen.wordpress.com/2015/09/11/human-rights-defenders-squeezed-by-geo-politics-the-cases-of-colombia-iran-and-cuba/] Mary Lawlor here welcomes the agreement as historic, offering the Colombian people an opportunity to make a break with the endemic violence of the past. The direct reference to the protection of human rights defenders in the peace agreement is one more reason to celebrate. Here the piece in full:
Human Rights Defenders Critical for Post-Accord Justice in Colombia
Ivette Gonzalez: Human Rights Defender from Mexico
In the ISHR Monitor of 1 July 2016 there is an interview with Ivette Gonzalez who works as a strategic engagement associate for Project on Organizing, Development, Education and Research (PODER) in Mexico. Ivette was in Geneva to participate in ISHR’s Human Rights Defender Advocacy Programme.
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In Mexico, Ivette’s work at PODER is framed around the business and human rights agenda. PODER works to strengthen civil society to achieve corporate transparency and accountability with a human rights perspective. Ivette spoke to ISHR about her motivation to become involved in human rights work, in particular advocating for business and human rights:
‘Injustice and inequality as well as understanding the imbalance of wealth distribution and power triggered my motivation.’
Regarding the risks she and her organisation face on a daily basis, Ivette acknowledged that a focus on safety concerns is necessary in Mexico. PODER has implemented a very strict security protocol in the office to ensure they can work in safe conditions. All members, both those in the field and in the office, are required to follow the protocol.
‘By working in business and human rights, we are aware that powerful actors can consider our work as a threat.’
In the last few years, Ivette feels that human rights defenders and journalists are more at risk in Mexico. Discrediting campaigns point the finger at NGOs and defenders, questioning the legitimacy of their work and even accusing them of taking advantage of victims of human rights violations.
Implementation of laws for the protection of defenders
When talking about particular changes to legislation Ivette would like to see in Mexico, she mentions that the creation of laws is not the issue, but their implementation is. In Mexico, a law and protection mechanism for human rights defenders exists, but the mechanism needs to be improved with the inputs of the users of it and the people at risk. For that to happen, it is crucial that civil society are involved in the process and monitoring.
‘Even though Mexico already has the legislative tools in hand, using these tools, making them concrete and practical for defenders and activists on the ground is the missing step.’
Information is power
Regarding her goals at the international level, Ivette admits that the human rights agenda needs to have an impact at the international level, because some actors are large transnational corporations based in many different countries, and there is a lack of access to justice for the victims of corporate activities in the host and home countries.
Ivette interacts with UN mechanisms including the Special Procedures. PODER has interacted with the Special Rapporteur on human rights defenders, the High Commissioner for Human Rights and the Working Group on Business and Human Rights. In speaking of interacting with the Special Procedures, Ivette acknowledges civil society’s critical role in providing information to Special Procedures.
‘My recommendation for the international community would be to work together and form coalitions. Building new structures and making steps towards change, can be best achieved by working together.’
Learning and advocating in Geneva
Regarding her participation in HRDAP, Ivette is grateful to have been able to receive such a significant amount of information on how to effectively engage with the UN system, as well as how to efficiently use it in her existing work. She looks forward to sharing her knowledge with other civil society organisations and assisting affected communities to engage with the UN. She appreciated the opportunity to lobby various actors, as well as learn how to approach missions and engage with the system – including Special Procedures and Treaty Bodies.
‘During HRDAP, I met very brave defenders with whom I developed professional relationships. Sharing experience and expertise can strengthen our work in the pursue for the respect of human rights.’
Founding directors do not alway leave in such a well-planned way, but in the case of May Lawlor this is different. Having done a most admirable job in setting up and developing Front Line Defenders into the main ‘hub’ for information Human Rights Defenders over the last 15 years, she has now announced her departure.
The Board of Trustees now seeks an Executive Director with significant previous experience of working at a senior level for the protection of human rights defenders or equivalent experience in a human rights based activity or organization in a leadership role. The Executive Director will have strong communication, management and analytical skills. They will have an understanding of the political environment for human rights defenders and have excellent political judgement. This position will be based in Dublin but will involve frequent travel.
For more information, please contact: Claire Cronin, Cronin Partners International Search, 12 Merrion Square | claire@croninpartners.com
Hans Thoolen on Human Rights Defenders and their awards 