Archive for the 'Human Rights Defenders' Category

Happy New Year – that 2016 may be a better year for human rights defenders

December 31, 2015

For  a blog on Human Rights Defenders there is no better way to wish all my readers a happy new year than by referring you to the first electronic Newsletter produced by Michel Forst, the UN Special Rapporteur on Human Rights Defenders:

For this first newsletter, he would like to share  three messages with which I whole heartedly agree: 

  1. an alarm call  (as I feel extremely worried about the situation of those who seek to promote and defend our fundamental rights. While I am writing these words, numerous defenders are in danger in Burundi, Bahrain and in many other countries across the globe. In front of States that despise their own international commitments and firms that seem to have profits as a unique goal, the courageous people who take a stand to defend our rights and freedoms need more than ever our protection and recognition.}
  2. message of hope. {It is true that civil society has never seemed so visible and determined. In every meeting I held this year, I could see courageous women and men speaking up and dedicating their lives to fight against injustice and barbarism. Throughout the year, we have witnessed an unprecedented number of attacks and threats and I would like to celebrate once more the action of these countless ordinary people who defend human rights, sometimes at the expenses of their own lives.}
  3. a call to action. {It is in our hands to make human rights defenders’ work more visible to the rest of the society. It is in our hands to prove that promoting and defending rights are essential to democracy and the rule of law. We all have a role to play in protecting rights defenders whether promoting their struggles or giving them our unconditional support.)

I wish you a happy 2016                                                                                                  

Source: Newsletter #1

Uzbekistan: Murod Juraev free after two decades in jail – what about the others?

December 29, 2015
 For more than two decades, Murod Juraev languished behind bars in Uzbekistan and was subjected to torture and ill-treatment so bad that all his teeth fell out. After 21 years in detention — one of the world’s longest imprisoned political activists — Juraev was released in November 2015.  [Juraev was a member of the Erk opposition party and a former local mayor in southern Uzbekistan when he was jailed, in 1994.]  Juraev had his jail term extended four times to keep him in jail — in 2004, 2006, 2009 and 2012 — after authorities found he had broken prison rules, including “peeling carrots incorrectly”, “failure to lift a heavy object” andwearing a white shirt.”

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Profile of Paul Mambrasar: defender of indigenous Papuans

December 28, 2015

OMCT, in its series “10 December – 10 Defenders”, carried the story of Paul Mambrasar from West Papua, the least populous province of Indonesia, where is torture used to crush and silence. Home to the world’s largest gold and third-largest copper mines, West Papua has abundant natural resources including timber and palm oil that make it a coveted region. This has generated continuing conflict and made it one of Asia’s sorest spots in terms of human rights violations. From the 1960s on, Indonesia has maintained heavy military presence, resorting to extrajudicial killings, torture and abuse to crack down on activists in an attempt to crush the Papuan independence movement, whether peaceful or violent, leaving locals deeply resentful and suspicious of the national Government.OMCT-LOGO

Indigenous Papuans marginalized in their homeland, suffer state violence and stigma, while their natural resources are exploited by others and compromise their ancestral way of living. The on-going conflict with separatists merely exacerbates discrimination against Papuans, who have been repressed by decades of institutional racism and Indonesian occupation. This is the vicious cycle of violence that Paul has to deal with in his daily fight for the respect of the human rights. “Torture worsens the distrust West Papuans have in the State which, by failing to uphold the rule of law, merely fuels more separatist sentiments,” sums up Paul, Secretary of the Institute of Human Rights Studies and Advocacy (Elsham), a non-governmental organization defending human rights in Wet Papua.

Paul’s challenging working environment is the result of decades of quasi-institutionalized abuses resulting in many layers of deep-felt and pervasive grievances of West Papuans against the Indonesian Government. He is, however, gradually managing to build networks in his country, also thanks to support from organizations such as OMCT, and gradually drawing attention to the regular violations committed.

Discrimination and marginalization of Papuan have therefore worsened the situation. Government policies have also contributed to the problem. The arrival of migrants, fostered by transmigration programmes, has upset the demographics and social and cultural heritage of the people of West Papua and exacerbated competition over land and resources. Compounded with the socially and environmentally destructive development projects pushed in the region by Indonesia, this has caused widespread social disruption and environmental damage, forcing Papuan tribal groups to relocate, according to researchers from Yale Law School cited by Elsham in a 2003 Sub-Commission on the Promotion and Protection of Human Rights session.

Unreported exactions keep occurring as foreign eyes and independent international observers are barred from West Papua. It is therefore only thanks to the work of local organizations and human rights defenders such as Paul, who runs Elsham’s office in West Papua and attends international advocacy meetings at the Human Rights Council in Geneva communicating regularly with donors, that the world can know what is happening there.

“Impunity has allowed the security force, the police and the army, free access to inflict fear and terror through torture and other physical abuses,” Paul explains his motivation. “In order for torture to end the Indonesia State must take a strong action to punish those involved in its practice.”

Despite these odds and the many challenges of his job including being under Indonesian intelligence surveillance as an “independence sympathizer”, Paul, 51, trusts that the human rights conditions in West Papua will improve.

[When the Dutch Government granted independence to Indonesia in 1949, Papua was not part of it. At the end of the Dutch colonial rule, Papua was first administered, and then absorbed, by Indonesia in 1969, following a sham “referendum” requested by the United Nations. This so‑called “Act of Free Choice” was in fact a vote by just over a thousand selected Papuans (out of a population of 800,000 at the time) who had been pressured to agree to integration within Indonesia. This vote has been the bone of contention between Papuans and the Republic of Indonesian. Papuans have ever since agitated for independence, and have been conducting a still ongoing, low-level guerrilla warfare against Indonesian forces, in turn engaged in bloody repression and unpunished human rights violations. Papuans – who are Melanesian and whose ancestors arrived in the New Guinea region tens of thousands of years ago – do not identify culturally with the Asians. They see their Papuan identity and indigenous culture based on customary subsistence-based agriculture threatened by the arrival of migrants who, in turn, see the traditional Papuan way of life as backward.]

In this context see also the CNN report on the closure of NGO offices: http://freewestpapua.org/2015/12/13/indonesian-government-forces-all-ngos-to-leave-west-papua/

— by Lori Brumat in Geneva

Source: Indonesia: Meet Paul: Restoring the human rights of indigenous Papuans amid on-going conflict / December 10, 2015 / Links / Human rights defenders / OMCT

Angela Mudukuti, human rights defender from the Southern Africa Litigation Centre

December 28, 2015

Though positive engagement with businesses should be considered a preferred option when it comes to promoting corporate respect for human rights, sometimes the open legal confrontation of human rights violators is the only way to make progress. This is when human rights defenders such as Angela Mudukuti, a lawyer running the International Criminal Justice Programme at the Southern Africa Litigation Centre (SALC), are critically needed.  The International Service of Human Rights (ISHR) published an interview with her on 27 November 2015.ISHR-logo-colour-high

She defends a holistic approach to justice, where corporate accountability should be sought whenever businesses are involved in violations, regardless of the sectors or human rights affected.  And in cases of complicity in war crimes, genocide or crimes against humanity, she says “corporate accountability is important to all the victims”.

Given the weighty consequences they face if their responsibility for such gross violations is revealed, Angela’s experience is that corporate entities are mostly reluctant to facilitate engagement with human rights defenders, making litigation procedures the only way to ensure transparent investigation and accountability. Yet, suing companies and especially major corporations for complicity in gross human rights violations can prove to be dangerous, even for the best-trained defenders. “We work regionally and so we often face regional and local threats. For example: infiltration into your information databases; other security threats which can be physical in nature… corporate entities … have the ‘muscle’ to intimidate you and they will seize any opportunity to do so…

Angela and other members of the SALC team have also experienced personal threats, but she remains positive, seeing these challenges as an “indication that you are doing the right thing” and a part of the burden carried by most human rights defenders in the world. She also highlights that threats do not come only from corporate or government entities, but also from “individuals who disagree” with the work she is doing.

Other practical obstacles can impede SALC’s human rights work such as a lack of access to information to build proper advocacy, and resistance from legal administrative bodies. Yet, this does not prevent SALC from extending their litigation work into advocacy, which is jointly conducted with local organisations throughout Southern Africa: “The first thing is to decide if litigation is viable or if the same results can be achieved by other means. Secondly, should we decide to litigate we need to determine how we can structure the advocacy around it because raising awareness is very important.”

 

Many corporate entities involved in gross human rights violations have transnational activities for which the “ramifications transcend boarders”. This makes the work of corporate responsibility defenders even more challenging, and is one of the reasons why SALC has a regional focus. Angela says the regional nature of violations also demands that the international community “be united and prioritise business and human rights (…) in Southern Africa and in other parts of the developing world”.

The SALC is also looking to address  the devastating environmental implications of various corporate projects.

Follow Angela on Twitter at @AngelaMudukuti.

Defender profile: Angela Mudukuti from Southern Africa Litigation Centre | ISHR

Nigina Bakhrieva works to end torture in Tajikistan

December 27, 2015

OMCT in its series “10 December, 10 Defenders” focused on Nigina Bakhrieva in Tajikistan. Nigina Bakhrieva’s visceral sense of justice was passed on to by her parents, as she quickly demonstrated by following in the footsteps of her father – a prosecutor – in standing firmly for the rule of law. “It’s what I learned as I child, “ she says. “When I witness human rights abuses, I cannot be indifferent; I take action.OMCT-LOGO

And her career could not have been more ominous. Nigina started law school in Tajikistan, at the doorstep of Taliban-led Afghanistan, at the very outbreak of the bloody civil war that followed the country’s independence, graduating five years later, in 1997, as the war ended, leaving behind a devastated country with some 100,000 people killed and 1.2 million displaced. After teaching law at the Tajik state university, Nigina became a consultant providing capacity-building expertise for various organizations. Moving quickly into human rights, she went to work for the United Nations Tajikistan Office for Peace Building where she reviewed national legislation to make sure it conformed to international human rights standards.

Thus, while still as a budding lawyer and founder of the Bureau on Human Rights and Rule of Law of Tajikistan, Nigina helped to litigate with success Tajikistan’s first-ever human rights case before the United Nations Human Rights Committee – something unheard of in Tajikistan until then. Her work for the abolition of the death penalty in her country led to a moratorium being adopted in 2004.

In 2009, she created Nota Bene, which leads the Anti-Torture Coalition of 17 leading human rights organizations and activists in Tajikistan. The work initially seemed to pay off handsomely: at the beginning of 2014, Tajikistan had pledged to implement international human rights standards both in law and practice. The Government, however, has recently been limiting the scope of action in the country of human rights lawyers and organizations. It has indeed been made mandatory for non-governmental organizations to declare all foreign funding. What is more, limiting access to the legal profession and placing it under the Ministry of Justice has compromised its independence.

It is worrying that it has become nearly impossible to find lawyers in Tajikistan willing to accept to defend torture cases for fear of criminal prosecution,” reported the OMCT in the Observatory for the Protection of Human Rights Defenders on 30 November. http://www.omct.org/human-rights-defenders/urgent-interventions/tajikistan/2015/11/d23494/

As one of the few lawyers who have not given up on combatting the widespread use of torture and other forms of abuse, especially in the armed forces, Nigina is among the key players pushing for full transition of Tajikistan to the rule of law. “The work is hard”, she says. “Each time we re-live with the victims what they went through, and it is horrifying,”

For change to occur, though, the system must work and all actors must do their bit, she explains, detailing every step of the process: individuals must lodge complaints when they are subjected to torture or ill-treatment; the Government must follow a zero-tolerance-for-torture policy; the Prosecutor must respond to every complaint by thorough and effective investigation; courts must punish all those found guilty – not only the direct perpetrators, but also their superiors, who failed to prevent the crime; jail terms should be proportionate to the seriousness of the crime; finally, the Government should compensate all victims of torture.

— by Lori Brumat in Geneva

https://thoolen.wordpress.com/2015/01/13/human-rights-lawyer-kudratov-in-tajikistan-sent-9-years-to-penal-colony/

Source: Tajikistan: Meet Nigina: Towards a functioning system that leaves no room for torture / December 3, 2015 / Links / Human rights defenders / OMCT

Erik-Aimé Semien: human rights defender from Côte d’Ivoire

December 26, 2015

 

Erik-Aimé Semien is a lawyer and human rights defender at Observatoire Ivoirien des Droits de l’Homme, a non-governmental organisation that aims to achieve human rights progress through capacity building and constructive dialogue with the authorities. On 9 July 2015 he talked with the Intern national Service for Human Rights about his work. ‘What we want’, Eric explains, ‘is to make them understand why human rights are important for the progress of our nation’.ISHR-logo-colour-high

Eric was first drawn to human rights when Cote d’Ivoire plunged into civil war in 1999, following a military-led coup d’etat. What followed were ten years of violence and sectarian strife. ‘We are a country coming out of ten years of civil war, but the main problems are not yet solved. It was widespread frustration and a lack of democratic institutions that caused the war; and it is for overcoming frustration and the creation of democratic institutions that we continue to struggle.’

Eric explains that frustration is caused when there is a lack of transparency in government work, when the president favours his regional or ethnic group over others, when there is impunity for war crimes, and when voices critical of the government are excluded from debate.

Take the national TV, a public service paid for by public taxes. If you watch TV in Cote d’Ivoire, you will receive the impression that the perspective of the president of the republic is the only perspective there is. It was the same for the former president. This means that if you disagree with government policy, National TV will no longer interest you, for you will find no expression of your opinion. This begs the question, if you disagree, where can you go? To whom can you speak? The result is frustration. The media outlets need to be open to everybody, to civil society, to the opposition, to everybody.

In addition to advocating for more inclusive democratic institutions, Observatoire Ivoirien des Droits de l’Homme works to combat impunity. The war lasted ten years, but today, not only do many people on the winning side who committed human rights violations walk free, but they also enjoy appointments in the army and the administration.

‘After the war I think we should have a fair and equitable justice. What a victim wants is to see those who committed human rights violations behind bars. We organise victims and take their cases to court. We say to the judge, find out who did this and send them to prison. If they do this, it will release tension. The government recently set up a trust fund that provides financial compensation for victims. This is a positive step. But it needs to be accompanied by a clear message: whoever you are, in whatever position, you are not above the rule of law.’

One of the challenges Eric faces is a lack of awareness in the government of what human rights defenders are and what they do.

‘In Cote d’Ivoire certain authorities don’t have a clear idea of the role of civil society. They think we are causing a disturbance when all we want is the progress of our nation. But I have to admit that the situation is improving. Previously the authorities were closed but now they are much more open. They listen to us more and we are allowed to participate in meetings.’

One remarkable result of this increased openness on the government’s part is the adoption in June 2014 of a law that protects human rights defenders. ‘In the build up to the drafting of this law, we clearly explained why protecting human rights defenders was important. Many human rights NGOs were involved in the process. We had several meetings with parliament representatives and even at the national assembly. We had to explain who human rights defenders were and why protecting them is important. I am proud of Cote d’Ivoire that we have adopted this law, which is the only law of its kind on the African continent.’

The law, although still largely unknown, has already had a positive impact. In 2014 the leaders of a public assembly protesting the high costs of grocery goods were arrested. But the Observatioire Ivoirienne intervened and showed the prosecutor the law. The protesters were subsequently freed. ‘Now, whenever we have a problem with authorities, we can show them this law, and they will see that we are protected. This will make our work much easier and less dangerous. In a democracy, in a rule of law state, the government should engage with civil society. The role of civil society is that of counter balance. We don’t want to antagonise the authorities needlessly nor do we seek power. We would like to see change coming from the inside and genuinely inclusive democratic institutions and not just superficial engagement. I am proud of Cote d’Ivoire for the progress we have made, of which this new law is tangible proof, but we still have some way to go. The frustration that causes war needs to be eliminated for good.

Source: Erik-Aimé Semien: Human rights defender from Côte d’Ivoire | ISHR

Justin Bahirwe: a lawyer trying to reduce torture in the DRC

December 24, 2015

 

OMCT-LOGOOMCT did the following interview in its series “10 December, 10 Defenders” with Justin Bahirwe , a lawyer from the DRC.

When listening to a soft-spoken, articulate, impeccably dressed 34-year-old Justin, you would think he is promoting human rights in a peaceful, predictable, functioning State. You cannot tell he lives in Bukavu, in the eastern Democratic Republic of the Congo (DRC), a desolate place where the world’s deadliest conflict since WW2 has not relented for over two decades, killing some 5.4 million people, where tens of thousands of children are recruited as soldiers – if they do not die of diarrhoea or malaria – political opponents are killed, corruption is rampant and deeply-rooted, the infrastructure nonexistent and extreme poverty pervasive. Read the rest of this entry »

Attila Mraz: Human rights defenders in Hungary have their work cut out

December 23, 2015
Attila Mraz works for the Hungarian Civil Liberties Union (HCLU) on political participatory rights, while also completing a PhD in political theory focusing on the required conditions for a State to be qualified ‘democratic’. Talking with the International Service for Human Rights in the series Defenders Profiles (25 September 2015) about the reasons for his commitment to political participatory rights he said: ‘Democratic rights fascinate me because they are such an important feature of human life – we have to live together and solve certain problems despite having diverse perspectives. Political participatory rights provide necessary guarantees for equal and fair participation which facilitates the resolution of different societal views – that is what I care about.’

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Young human rights defenders in the UK motivated with Youth Awards

December 22, 2015

When looking for ways to engage young people in human rights work, this is an idea: Amnesty International UK has been running for many years a series of media awards. In 2010 it added human rights awards for YOUNG reporters, photographers, reporters, campaigners, fundraisers and poets. Read the rest of this entry »

El Salvador and Honduras remain rotten places for (women) human rights defenders

December 21, 2015

Two cases of women human rights defenders in Central America as reported by Front Line Defenders.Frontline NEWlogo-2 full version - cropped

El Salvador  Read the rest of this entry »