At the latest session of the Human Rights Council, States and NGOs reacted to the new compilation of advise and recommendations on how to protect the right to assembly (‘freedom to demonstrate’). UN human rights experts have launched a major new report on the proper management of assemblies. The compilation of practical recommendation, which seeks to ensure that the management of assemblies and protests comply with international law through which to apply international law, was drafted by the Special Rapporteurs on Freedom of Association and Assembly (Maina Kiai) and on Extrajudicial Executions (Christoph Heyns), after a series of consultations with multiple stakeholders including civil society.
An interactive dialogue with the Rapporteurs followed the report’s presentation, and several States – including Norway, Egypt and Ireland – reiterated the responsibilities of business. Whilst a broad range of States – including Costa Rica, Turkey and Tunisia – acknowledged the report’s importance, others used their interventions to emphasise the responsibilities of protesters. In response to Russia, Botswana and Cuba amongst others, Mr Heyns was clear: ‘Rights come before responsibilities. The report does not challenge that responsibilities are an inherent component of human rights, but one must come before the other.’ Maina Kiai underlined that ‘requiring authorisation for a protest dilutes a right to a mere privilege’.
ISHR’s statement reiterated that free assembly is a vital component of a safe and enabling environment for human rights defence, and highlighted how vague laws such as the Ley de Tumulos in Guatemala, repressive clampdowns on protest such as in Gezi Park in Turkey, and the imprisonment of protesters such as the Bahrain 13 are being used to hamper the work of human rights defenders.
ISHR welcomed the report’s emphasis on the responsibilities of business. ‘We hear increasingly of abuses by private security firms against protesters, as well as strategic lawsuits against public participation brought by companies and the enactment, by States, of laws which specifically target and restrict protests against business operations,’ said ISHR’s Ben Leather. ‘States should take heed of the recommendations made in the report to reverse these trends’.
The difficult work of human rights defenders in Russia, and Chechnya in particular, has been demonstrated time and again in the social media including this blog (https://thoolen.wordpress.com/2016/03/17/russia-defenders-attack-closing-office-un-joint-mobile-group-chechnya/). In the film “Chechnya, War Without Trace” award-winning journalist Manon Loizeau, who spent the past 20 years covering the Chechen conflict, returns to the places she knew well, filming undercover, to examine the lasting effects of conflict with Russia. Gone are the minefields and piles of rubble, replaced with broad avenues, luxury boutiques and glass-fronted skyscrapers. It’s virtually impossible to see there was ever a war. But under the surface problems persist. The few lawyers working on torture issues proudly display their Martin Ennals Award. The link above is just the trailer; for the full film: contact Java Films; contact@javafilms.fr; +33 174713313; www.javafilms.fr.
The Norwegian-led resolution was adopted by a vote of 33 Member States of the Human Rights Council to just 6 against. Eight States in the 47-seat Council abstained. Over 150 NGOs from all over the world united to call on Member States of the Council to adopt the resolution and reject a series of 30 hostile amendments proposed by Russia, China, Egypt, Cuba and Pakistan, designed to undermine the protection of defenders and to deny their legitimacy and very existence.
The 6 States that voted ‘No’ on the resolution were not surprisingly Burundi, China, Cuba, Nigeria, Russia and Venezuela. States that abstained were Bolivia, El Salvador, Kenya, Namibia, Qatar, Saudi Arabia, the United Arab Emirates, and Viet Nam. Interesting and positive to note that some of the States that had supported hostile amendments (including Ecuador, Indonesia and India) in the end voted in favour of the resolution.
[The resolution affirms the legitimate and essential role of human rights defenders in promoting, protecting and contributing to the realisation of economic, social and cultural rights – including indigenous rights and the right to development – and condemns restrictions and attacks against them by both States and business enterprises. It also underscores the fact that exercise of the rights to freedom of expression, association, assembly and public participation can be essential to the promotion, protection and realisation of ESC rights, and that restrictions or violations of these democratic rights may lead and amount to violations of the ESC rights for which defenders are advocating.
The resolution also provides invaluable guidance to States and business as to obligations and good practices in the protection of defenders. For States, such obligations and good practices include developing specific human rights defender protection laws and mechanisms, investigating and ensuring accountability for attacks and reprisals against them, and facilitating access to information and participation in policy and decision-making processes. For businesses, the resolution reinforces the obligation to respect and not interfere with the work of defenders, and to consult closely with defenders to identify, avoid, mitigate and remedy human rights risks and violations associated with business activities and development projects.]
‘We particularly recognise the principled leadership of Norway in leading the development of this timely resolution,’ Mr Ineichen of the ISHR said.
‘The systematic but ultimately unsuccessful efforts by a small group of States to undermine the human rights defender resolution paradoxically demonstrate the vital importance and potential impact of this resolution,‘ said ISHR Director Phil Lynch.
It is usually Norway that leads the negotiations on the resolution on human rights defendersas is the case this year at the 31st session of the UN Human Rights Council. The resolution this year takes account of the severe risks that human rights defenders face when defending economic, social and cultural rights, including as they relate to environmental, land and development issues, corporate responsibility, anti-corruption, transparency and accountability issues. The draft resolution calls on States to take effective and practical steps to address the continuing violations of the rights of defenders.
During the first week of this session of the Human Rights Council, Norwegian State Secretary Tore Hattrem stated that “Threats and attacks against human rights defenders who are exercising their right to freedom of speech to advocate economic, social and cultural rights, severely hamper the realisation of these rights”. Also Ambassador Steffen Kongstad raised this important topic during the interactive dialogue with the UN Special Rapporteur on Human Rights Defenders, Michel Forst, stating that “Threats and attacks against human rights defenders may hamper the realization of economic, social and cultural rights, undermining social cohesion, and ultimately stability and development”.
The resolution has been discussed in several open informal consultations in Geneva, taking into account a number of suggestions from different countries. Norway formally tabled the resolution on 16 March full text see website. There are currently around 50 countries from all regional groups that will co-sponsor the resolution. Still, this is far from won as earlier this week a number of countries (including the serial offenders Russia, China, Egypt, Cuba and Pakistan) have put forward 31 adverse amendments to the text. These amendments include proposals which have the purpose or would have the effect of:
In an era of rapid technological innovation and increasing access to new data sets, the possibilities for reconceptualizing and revolutionizing our ability to document human rights violations are vast. These new and emerging tools, resources and data streams provide exciting opportunities for human rights defenders.
The upcoming Responsible Data forum (RDF) looks to build upon the ethical, privacy and security challenges posed by the use of new & emerging data sets and new technologies in human rights documentation. This event will build off of the discussions started the 2015 RDF on Human Rights Documentation in Manila, in particular building on the tools & resources started there. This RDF will be a hands-on and collaborative event, focused on developing concrete resources and strategies to ensure that human rights documentation efforts are bettered by technology and data without causing undue or unforeseen harm.
New challenges and questions. Are we taking advantage of these new technologies and data streams to actually enhance our work? Do we sometimes use new kinds of data simply because it seems to enhance our credibility but doesn’t actually change our documentation? Are our project planning systems changing as a result of these new tools and resources? Should they? What can we learn from each other about how to helpfully engage with new and emerging technology and data? How can we tell the difference between innovation and tech & data exuberance? How should we weigh the potential benefits of experimenting with new technology and data versus the potential risks and harms that could occur?
[The Responsible Data Forum is a collaborative effort to develop useful tools and strategies for dealing with the ethical, security and privacy challenges facing data-driven advocacy. This is not a talk-shop. This RDF will bring together a small group of experts, practitioners and policy specialists to have a frank and open discussion about challenges with responsible data in data visualization. It is not about ‘naming and shaming’ but about being open about past experiences and building from them to better support the broader community. This event will employ a participatory methodology that enables participant collaboration on the development of actual tools and resources such as guidelines, checklists, frameworks and hopefully creative tools we haven’t yet thought of! A key outcome of this event will be the sharing of the developed tools with others outside of this event to promote and test the content, and develop further iterations.]
Arutchelvan Subramaniams, known as Arul, is a grassroots human rights defender from Malaysia. He works primarily for the protection of economic, social and cultural rights – including housing rights for the urban poor, the rights of farmers, plantation and industrial workers, as well as the rights of indigenous communities. The ISHR published this profile on 21 March 2016. Read the rest of this entry »
All the attention is on Turkey as the country where refugees will have to be processed. The more the question of fair trial becomes important. The following does not bode well:
In the early morning of 16 March 2016, police raided the houses of 9 lawyers in Istanbul, Turkey. After the search, lawyers Ramazan Demir, İrfan Arasan, Ayşe Acinikli, Hüseyin Boğatekin, Şefik Çelik, Adem Çalışçı, Ayşe Başar, Tamer Doğan and Mustafa Rüzgar were taken into custody. They are all members of the Libertarian Lawyers Association ÖHD). There has not been given any justification for these arrests and searches. The case file on the arrests is confidential. Allegedly the lawyers are arrested on suspicion of having ties with a terrorist organization. All the lawyers that were arrested represent the 46 lawyers who were arrested in 2011 on suspicion of “working for, or belonging to, a terrorist organization”. A hearing in the trial against these lawyers took place only one day after the arrests (!), on 17 March 2016. The arrest of their lawyers means that they are deprived from their legal defense.
Lawyers for Lawyersand Fair Trial Watchare extremely worried about the state of the rule of law in Turkey, which is quickly deteriorating. They sent a letter to the Turkish authorities in which they urge them to:
– Immediately release lawyers and drop the criminal investigation;
– Abstain from identifying lawyers with their clients or their clients’ causes;
– Put an end to all forms of harassment against lawyers in Turkey;
– Guarantee in all circumstances that all lawyers in Turkey are able to carry out their legitimate activities without fear of reprisals, intimidation, threats and free of all restrictions. For more information see: http://www.advocatenvooradvocaten.nl/11446/turkey-police-raid-on-and-arrest-of-9-lawyers
Meanwhile on 11 February, 2016 the Human Rights Foundation drew attention to the case of journalists Can Dündar and Erdem Gül, and urges the government of Turkey to drop the arbitrary charges imposed on them. On November 26, Dündar, the editor-in-chief of the newspaper Cumhuriyet, and Gül, the Ankara bureau chief, were arrested based on a criminal complaint filed against them by President Recep Tayyip Erdogan. The complaint stems from a report published in Cumhuriyet on May 29, 2015 with photos and video footage claiming that Turkey’s National Intelligence Organization secretly armed Islamist rebel groups in Syria. The two journalists are being held at the high-security Silivri prison west of Istanbul. They are currently awaiting trial and facing up to life in prison.
Source: Vedat Arik/AP
“The rise of authoritarianism in Turkey is blatant. Erdogan’s government crackdown on independent journalists is a step towards exerting dictatorial control over Turkey’s media,” said HRF president Thor Halvorssen.
During the adoption of the Universal Periodic Review(UPR) report of Rwanda at the UN Human Eights Council, Laurent Munyandilikirwa, former President of the Ligue Rwandaise pour la Promotion et la Défense des Droits de l’homme, delivered on 16 March 2016 a statement (on behalf of CIVICUS: World Alliance for Citizen Participation and East and Horn of Africa Human Rights Defenders Project):.
Mr President, for the vast majority of my professional and personal life, I have proudly dedicated myself to protecting and promoting fundamental human rights in Rwanda. As the former President of LIPRODHOR, one of Rwanda’s only independent human rights monitoring organisations, I had the great privilege of supporting my fellow citizens to secure and claim their rights. However, despite the severe human rights deficits which continue to undermine Rwanda’s democratic consolidation, the important work LIPRODHOR and other human rights groups undertook in Rwanda is now largely untenable and fraught with danger.
Since Rwanda’s last UPR examination in 2011, the government has strengthened its long-term and systematic campaign to completely stifle freedom of association, by replacing the leadership of human rights organisations with those sympathetic to the government. As a result, there are now very few freely functioning and entirely independent human rights organisations left that can meaningfully challenge government policies and advocate for reforms, without well-founded fear of reprisals. In addition, since Rwanda’s last examination, independent civil society organisations, NGOs, and individual human rights defenders have continued to face escalating intimidation and reprisals in the course of their work. A number of defenders, including myself, have either been imprisoned or forced into exile. Increasingly, human rights defenders and the NGOs for which they work have been subjected to administrative harassment smear campaigns and public denouncement in pro-government media.
We therefore strongly urge the Government of Rwanda to take effective and meaningful steps to operationalize the important recommendations put forward during this examination in support of the creation of a safe and enabling environment for civil society and human rights defenders.
This is line with e.g. Front Line Defenders’ report of 10 September 2015 about the Rwandan police disrupting the general assembly organised by LIPRODHOR . [On 5 September 2015, Rwandan police officers disrupted a general assembly that had gathered several dozen members of the League for the Promotion and Defence of Human Rights in Rwanda. The purpose of the general assembly was to elect a new independent board of directors.[LIPRODHOR is one of the few human rights organisations in Rwanda, which has continuously endeavoured to hold the government accountable for a wide range of human rights abuses. After numerous human rights groups based in Rwanda were either co-opted or forced into silence, LIPRODHOR stood out as the sole Rwandan organisation committed to being independent. In 2004, the government targeted its leaders and accused them on fabricated charges of “propagating genocide ideology.” The outgoing members of the board of directors of LIPRODHOR have allegedly been acting on behalf of the government. The general assembly which took place on 5 September 2015 had been convened by the outgoing board, whose term ended in July 2015, in order for a new board to be elected. During the assembly, participants elected three board members, namely the chair, the vice-chair and the secretary general. Following this, a number of participants, led by the chair of the outgoing board, reportedly stood up and caused a commotion as they claimed that the vote had been rigged. Soon after the incident, these participants reportedly called the police, who intervened and disrupted the assembly. A senior police officer informed the participants who had remained inside that he had to put an end to the meeting as it was “causing insecurity”. Members of the organisation have contacted the authorities about the incident, but, to date, no measures have been taken to assure the organisation’s rights to conduct its activities. It remains unclear whether LIPRODHOR’s members will be allowed to convene again and complete the election of the new board which will allow them to carry out their legitimate human rights work without restriction.
In November 2014, several members of LIPRODHOR attempted to convene a similar assembly in order to address the ongoing problem. However, local authorities thwarted the initiative, informing them that the gathering would be deemed illegal. Thereafter, Messrs Evariste Nsabayezu and Daniel Uwimana, respectively LIPRODHOR’s vice chair and provincial representative at the time, were arrested and detained over allegations that they were involved in organising the assembly using what the police claimed were “falsified documents.” They were later released without trial. Several other members of LIPRODHOR were also reportedly threatened with arrest.]
This blog has had many occasions to be negative about Azerbaijan [https://thoolen.wordpress.com/tag/azerbaijan/], but this time some good news: President Ilham Aliyev of Azerbaijan signed a decree yesterday (17 March 2016) for the Novruz holiday, pardoning 148 prisoners, among them thirteen journalists, human rights defenders and activists.
The list includes: human rights campaigner Rasul Jafarov; the head of a local election monitoring group Anar Mammadli; youth activists from NIDA movement Rashad Hasanov, Rashadat Akhundov, Mammad Azizov, and Omar Mammadov; human rights defenders Taleh Khasmamedov and Hilal Mammadov; opposition Musavat party deputy chair Tofig Yagublu; journalists Parviz Hashimli and Yadigar Mammadli; also a blogger Siraj Karimov. Also today, the Baku Appeals Court converted a six-year prison sentence imposed on journalist Rauf Mirgadirov to a five-year suspended term, and released him from the courtroom.
While this is a great moment for those released, among those still behind bars on bogus charges are: political analyst Ilgar Mammadov, in defiance of the European Court of Human Rights decision on his case and the repeated calls by the Council of Europe Committee of Ministers to free him; human rights lawyer Intigam Aliyev; and Azerbaijan’s prominent investigative journalist, Khadija Ismayilova. Also youth activist Ilkin Rustamzadeh and journalist Seymur Hazi.
“We are overjoyed for the journalists, human rights defenders, and activists who were released today after being imprisoned for exercising their basic rights of free speech and free assembly,” said Nenad Pejic, Radio Free Europe editor in chief. “But Khadija should have been among them”. [https://thoolen.wordpress.com/2015/12/18/azerbaijan-khadija-ismayilova-remains-in-jail-but-council-of-europe-takes-exceptional-step/] In recent correspondence with RFE/RL, international human rights lawyer Amal Clooney, who will represent Ismayilova before the European Court of Human Rights, said that “the case involved a politically motivated prosecution to restrict [Ismayilova’s] freedom of speech… This is about a government that is abusing its power to silence journalists like Khadija, as well as other critics of the ruling regime.”
An update on the situation human rights defenders in Russia is unfortunately needed too frequently. Recently the Martin Ennals Foundation condemned the attacks on its 2013 Laureate, the Joint Mobile Group (JMG) which is known for its courageous work in opening legal cases on behalf of victims of torture in Chechnya. On March 9th, they were travelling together with journalists and the group was physically attacked, their confidential notes stolen, and the vehicles they were in burned. Their offices in Ingushetia were also attacked. The international and local media have reported (see list at bottom of the post). This is part of an ongoing pattern of threats and intimidation directed against JMG.
Now, Human Rights Watchand others report that yesterday (16 March) Igor Kalyapin, head of the Committee for the Prevention of Torture, one of the founders and participants of the Joint Mobile Group, was attacked as he was leaving his hotel in Grozny. They also pelted him with eggs, and threw flour and bright antiseptic liquid on him, which stained his face and clothes. “The attack on Igor Kalyapin shows again that it’s open season on human rights defenders in Chechnya,” said Hugh Williamson, of Human Rights Watch. “The authorities’ utter failure to hold anyone to account for a series of vicious attacks in recent years is like a bright green light for further attacks.”
Source: Vedat Arik/AP
Hans Thoolen on Human Rights Defenders and their awards 