Here two contrasting statements on the theme of business and human rights. One describes the hesitation of the World Bank to apply human rights criteria and even use the word human rights (posted in the Huffington post of 18 November 2015 by Nezir Sinani [www.twitter.com/NezirSinani] and Julia Radomski, and the other is a piece written by Owen Larter and Nicolas Patrick entitled “Microsoft & DLA Piper – Why Human Rights and Human Rights Defenders are Right for our Business” [published in the ISHR Monitor on 27 October 2015]. Read the rest of this entry »
Archive for the 'Human Rights Defenders' Category
Business and Human Rights: where to go in the UN
November 19, 2015from Special Issue on Business and Human Rights by the ISHR, October 2015

The UN established in June 2011 a Working Group on the issue of human rights and transnational corporations and other business enterprises.
The Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on the rights to freedom of peaceful assembly and of association have both expressed concern about human rights defenders working on these issues, with the previous Special Rapporteur on human rights defenders devoting a report to the issue of human rights defenders working on major development projects and the Special Rapporteur on the rights to freedom of peaceful assembly and of association devoting a report to the issue of freedom of association and the extractive industries.
In June 2014, the Human Rights Council mandated an Intergovernmental Working Group (IGWG), tasked with commencing work towards the drafting of an international legally binding treaty on business and human rights. In July 2015 the IGWG had their first session, more information and reports can be found here.
Finally, the UN Global Compact initiative, is intended as a practical framework for the development, implementation, and disclosure of sustainability policies and practices by businesses that are committed to aligning their operations and strategies with ten universally accepted principles.
On 19 November seven Moroccan Human Rights Defenders go on trial
November 19, 2015
Hisham Almiraat (center) with friends at the Global Voices 2012 Summit in Nairobi. PHOTO: Ivan Sigal
Maâti Monjib, Hicham Mansouri, Samad Iach, Mohamed Elsabr and Hisham Almiraat are facing charges of “threatening the internal security of the State”, an offense that can lead to up to five years in prison. Rachid Tarek and Maria Moukrim are facing charges of “receiving foreign funding without notifying the General Secretariat of the government”, which if found guilty, can result in fines.
The trial for the case is scheduled for 19 November, 2015. Morocco has seen a dramatic increase in human rights violations and attacks against journalists in the past year. Crackdowns on independent media, human rights defenders and civil society have led to a stifling environment that limits freedom of expression and association in the country.
We call the international community’s attention to the continuous interrogations, harassment, threats and arrests, as a deliberate attempt by the Moroccan authorities to silence dissidents. Freedom of expression is a fundamental human right (Article 19 in the Universal Declaration of Human Rights). The Moroccan government violates this universal right with the charges.
16 international and regional NGOs concerned with freedom of expression urge the Moroccan authorities to drop all charges and end the harassment of human rights defenders and journalists.
Defender Profile of Will McCallum, Greenpeace UK
November 16, 2015On 28 October 2015, the Monitor of the International Service for Human Rights carried an interview with human rights defender Will McCallum who is a ‘Campaigner’ at Greenpeace in the United Kingdom.
‘I would say that it is the tactics we use are what provoke a backlash from the Government as much as the issues we work on. In the UK if you make full use of the freedom of information system or judicial reviews, then you are probably going to have speak out publicly about the failures of government policies. This is what puts you in the firing line’.
And as Greenpeace and other environmental groups have highlighted the risks to environmental rights implied by UK energy and climate policies, they have found themselves targets of derogatory statements from both authorities and the media, questioning the motives of their work. The previous Environment Secretary labelled them ‘self-serving’, ‘highly paid globe-trotters’ ‘focusing on the wrong issues and doing real harm while profiting handsomely’.
Yet Will says that this is actually emblematic of a broader governmental intolerance of civil society advocacy. ‘There is a general background noise from the government which is anti-NGO; there’s a sense of disrespect and there’s been a marked difference since 2012. It’s as if the government see questioning by civil society as a pain which ought to be kept in check. But dissent has its rightful place in a democracy and, in fact, we can help ensure the government makes policies which respect rights and protect the environment. There is a sense that in the UK the government would like to see the role of NGOs as one of simply service providers’.
This attitude has manifested itself not only in the governmental discourse, but also in legislation limiting NGO activities. Will points to the 2014 Lobbying Act, which put strong financial and administrative limitations on the advocacy work NGOs could do around election periods. A recent letter by 150 NGOs called for the law’s repeal, following a recent independent inquiry into its impact.‘At least as concerning for us, however, is the current review of the Freedom of Information Act. Over 140 organisations spoke out last month in concern at apparent attempts to weaken the Act. The government has mandated a Commission to carry out the review, but almost all of its members are politicians and all have a track record of questioning the Act. Where’s the balance? Where’s the view of those of us who rely upon the Act to hold the government accountable?’
Will is concerned at suggestions that the Commission will recommend the implementation of fees for tribunal appeals against freedom of information decisions, currently free. ‘At Greenpeace we have a certain amount of resources we could invest in such appeals. But what’s the impact for smaller organisations and grass-roots human rights defenders? They rely on this Act to demand better from the State’. A lack of transparency and of proper consultation are two obstacles which make it difficult for organisations and communities to question the environmental impact of business projects, says Will. ‘On the one hand, there is a failure by the government to be transparent regarding who they are being lobbied by and how; there is no effective lobbying register. Yet on the other hand there is a reluctance on the part of the State to listen to those communities and activists who are asking for an environmental perspective to be taken into account. The government wants to expedite business projects at all costs, as shown by a recent change to planning guidance which will allow central government to circumvent local authorities in the approval of fracking projects if the latter has taken more than 16 weeks to evaluate a project proposal’.
In an echo of a disturbing global trend, another fear amongst environmental rights organisations in the UK, is the possible use of counter-terror and surveillance legislation to limit their activism… ‘The government has said that the Extremism Bill is to tackle what falls below the legal threshold for terrorist proscription. There needs to be a clear articulation of what this means to ensure the law cannot be abused. Meanwhile, the Policing and Criminal Justice Bill provides for 90-day pre-trail detention. Any law which gives authorities who are relatively intolerant to dissent the power to lock people up before they’ve been judged must be subject to proper consultation of local civil society and international human rights experts before it is passed’. It will also fall upon this government to make guarantees of no-repetition in the cases of police spying and surveillance of environmental groups which have led to a public inquiry into undercover policing…
Source: Defender Profile: Will McCallum, United Kingdom | ISHR
Bahama Human Rights Association scores in court
November 13, 2015On 27 March 2015, I posted about the little known Bahamas [https://thoolen.wordpress.com/tag/grand-bahama-human-rights-association/]. So it is with pleasure that I can report that the Grand Bahama Human Rights Association has scored a victory in court re the controversial immigration law.
On 12 November it reported: the Supreme Court’s decision to open the files on the controversial new immigration policy is a great victory for transparency and human rights in The Bahamas. For far too long in this country, the inner workings of government have been carried on behind a veil of secrecy, their rationale and ultimate ends remaining obscure. The time has now come to shed light on what is done in the public’s name and we applaud the court for leading the way in this regard. While praising this ruling as just, fair and in the service of the public interest, we must pause and lament the fact that the government found itself unable to act in an open and humane manner on its own, without the help of the court. In any event, we feel the decision sets a great precedent for future cases and sends a clear message that government business should be conducted neither in the dark, nor in violation of the fundamental rights and protections enshrined in our constitution. We look forward to the government’s prompt and full compliance with the ruling, and expect that a great deal of information will be presented to the court as a result. At the outset, the GBHRA had been of the view that the new immigration policy was the brainchild of a single minister, however we were told repeatedly that it is a creation of the cabinet as a whole. The court’s order, therefore, should turn up numerous reports, internal memorandums and other correspondence that will shed light on how this policy came to be, and which will be of use to both local and international human rights defenders in this and many similar cases.
Source: thebahamasweekly.com – GBHRA: A great victory for transparency and human rights
MEA Laureate Mbonimpa has message of hope at his son’s funeral
November 12, 2015Since I published my post about MEA Laureate Pierre Claver Mbonimpa two days ago (https://thoolen.wordpress.com/2015/11/10/burundi-what-more-early-warning-does-one-need/) the situation has not improved and the hope is that the UN will find the muscle to impose itself. In the meantime, the Huffington Post of 12 November carries a long piece on Mbonimpa and his Burundi by Charlotte Alfred under the title “Burundi’s Human Rights Legend Urges Hope After His Son’s Killing“.

Pierre Claver Mbonimpa founder and president of the APRODH in Burundi (CARL DE SOUZA/AFP/GETTY IMAGES)
Pierre Claver Mbonimpa wasn’t able to attend his son’s funeral. Instead, he sent a message from Belgium, which was read out at the funeral of his son, Welly Nzitonda, on Tuesday, according to independent journalist network SOS Médias Burundi: “Do not lose courage … The tragedies we face will end with a resolution of the conflict in Burundi.”
“The problem that plagues the country is not ethnicity, but politics,” Mbonimpa told the Oslo Freedom Forum in 2010. “It is politicians who manipulate the population in pursuit of power.”
For the full article, worth reading, see: Burundi’s Human Rights Legend Urges Hope After His Son’s Killing
No more ‘business as usual’ when it comes to business and HRDs
November 11, 2015On 19 October Michel Forst, UN Special Rapporteur on Human Rights Defenders, wrote a piece for the Monitor of the ISHR under the title “No more ‘business as usual’ when it comes to business and human rights defenders”. Read the rest of this entry »
New Tactics in Human Rights follows up on the protection regime of HRDs
November 11, 2015In November 2013 OUP’s Journal of Human Rights Practice published a special issue on human rights defenders [https://thoolen.wordpress.com/2013/11/28/special-issue-on-human-rights-defenders-of-the-oup-journal-of-human-rights-practice/].
This is followed by another Special Issue in the International Journal of Human Rights on ‘Critical Perspectives on the Security and Protection of Human Rights Defenders’, in which scholars and practitioners critically appraise the construction and functioning of this protection regime, examining:
- the definition and use of the term ‘human rights defender’;
- the effectiveness of protection mechanisms; and,
- the complex relationship between repression, activism and risk.
New Tactics is organizing a conversation ‘Evaluating the Human Rights Defender Protection Regime’ exploring these areas, asking: How do we define who is and who is not a ‘human rights defender’? What are the effects of these decisions? How effective are current protection mechanisms for defenders? How do defenders manage their security as they face risks? How should ‘protection’ work in practice?
Join New Tactics and the authors of the papers in this Special Issue from 16 – 20 November, 2015.
Copies of these papers are available for free here: http://explore.tandfonline.com/page/pgas/ijhr-volume19-issue7 but only until 31 December 2015!
Is there ANY way to engage people with human rights communication?
November 10, 2015“Yes there is!” according to True Heroes Films (THF)
A recent assessment of the communication practice of Geneva-based human rights organisations carried out by THF showed that many of them face the same challenges.
In a newsletter (see link at the bottom of this post) and in the below guidelines, THF summarizes these challenges and the solutions identified together with communicators from the organisations assessed. There are some nice cartoons by © Hani Abbas.
The guidelines are by necessity of a general nature and are based on the experience of NGOs in the Geneva area, but they they may help also others in thinking about their communications problems: Read the rest of this entry »
Burundi: what more ‘early’ warning does one need?
November 10, 2015MEA Laureate Mbonimpa, Burundi
- On 3 August 2015, prominent human rights defender Pierre Claver Mbonimpa – laureate of the MEA 2007 – was shot in the face and neck. He was forced to seek medical treatment abroad.
- His son-in-law, Pascal Nshimirimana, was shot dead outside his home in Bujumbura on 9 October.
- On 6 November, the body of Welly Nzitonda, the son of Mbonimpa, was found dead a few hours after he was arrested in the Mutakura neighborhood of Bujumbura where protests have taken place.
- Just before that – on 3 November – Mbonimpa spoke out on a video message from the place where is recovering: https://www.defenddefenders.org/2015/11/voices-that-cannot-be-silenced-pierre-claver-mbonimpa-speaks-out-on-burundi/
On 9 November 2015 eleven leading human rights NGOs addressed an Open Letter to the UN Human Rights Council urging them to organize a special session to prevent (further) atrocities in Burundi.