Archive for the 'Human Rights Defenders' Category

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Human Rights Day in South Africa: how to be a good human rights defender

April 4, 2022

South Africa in the special position to have its own human rights day, not on 10 December but on 21 March, historically linked with 21 March 1960 and the events of Sharpeville. In a Maverick Citizen panel discussion on Monday 21 March, representatives of a range of civil society movements explored what it means to be an activist. The panellists discussed their own experiences of activism: the world needs activists, who in turn need commonality for success and survival 

On 22 March 2022 Tamsin Metelerkamp reported on the event:

The current times — filled as they are with uncertainty and suffering — require all or most people to be active rather than passive. Though those involved in activism will become weary, they should not step back from the struggle, according to Delani Majola, communications officer for the Ahmed Kathrada Foundation. The need for activism in today’s world is far more urgent than it ever was before.

“It means that we need to… find linkages with one another, we need to recharge each other. I think we will not achieve anything — so whether it’s small victories, small gains — but we will not achieve anything if we sit back and become passive and give in to defeat,” said Majola.

Among the speakers involved in the discussion were also Nkateko Blessing Muyimane, a medical student who recently fled Ukraine and started the non-governmental organisation, SA Safe Corridor for Students; Jennifer Matibi, founding member of Nirvana, an initiative that assists young women of the Johannesburg inner city to create spaces in which they can grow; Thandeka Gqubule-Mbeki, former SABC economics editor and current PhD student at the University of Johannesburg; Siyabonga Ndlangamandla, board member at Makers Valley Partnership; and Shaeera Kalla, board member of Section27 and member of the #PayTheGrants campaign. Nkateko Blessing Muyimane, a medical student who recently fled Ukraine and began an NGO, SA Safe Corridor for Students, to assist those students still trapped in the country.

The discussion was facilitated by Maverick Citizen editor Mark Heywood and journalist Zukiswa Pikoli. Zukiswa Pikoli, journalist with Maverick Citizen.

Spaces for activism have become smaller in recent years, according to Kalla. This not only calls for more voices and action in these spaces but also cooperation and support among the different groups within civil society. There are, she emphasised, links between the various causes for which people advocate — from basic income and food sovereignty to free media and mental health.

“Being a good activist is really about also building relationships, and I think those spaces that one creates are filled with those relationships,” said Kalla. “[T]hat’s how you sustain momentum and that’s how you figure out how to take one idea and create an intersectional… spectrum, a spectrum of issues that support it, and they take it to the next level.”

She added that the “typical image” of an activist should not override the everyday struggles that people face in society. While activism is a choice for some, for others it is a lived reality; a state of fighting a system that was built against them.

Activism should come from a place of compassion, according to Muyimane. He defines activists as those who want to make an environment a better place. The decision of a person to throw themselves into a course of action is often very personal, said Gqubule-Mbeki. It can be rooted in their worldview, an innate sense of justice or outrage at something they have witnessed or experienced.

Gqubule-Mbeki’s own journey as an activist began with her experience of forced removals under apartheid. She saw both her grandparents and her parents lose their homes to this unjust policy. Thandeka Gqubule-Mbeki, PhD student and part-time lecturer at the University of Johannesburg addressing the audience. Johannesburg, 21 March 2022. (Photo: Shiraaz Mohamed)

“So, [activism is] partly personal, partly a decision to make your beliefs publicly relevant and to impact policy and how human beings relate to each other, and how societies are constructed,” she said.

Over and above the “imagination” it takes to stand up for something, Kalla believes activism is about sustaining human beings, creating a political culture and ensuring that people feel safe. In this way, separate causes are united by their common drive to see people live with dignity.

“It’s about making sure people feel seen, feel safe and feel cherished, whether or not you’re personally affected, in a direct sense,” she said. “[T]he fact that you are a human being, and you can have empathy and you can see an unjust system and want to do something about it, is enough to start trying to understand what it is that you can contribute to, in whatever form.”

There is currently a large pushback against democracy defenders by capital, corporations and institutions, according to Gqubule-Mbeki. If the victimisation of human rights activists is to be addressed, there is a need for an examination and improvement of certain laws, including the Protected Disclosures Act and Witness Protection Act.

“We must ratchet up the consequences of acting against activists, vulnerable human beings, women, and so on. So, I think that’s one of the challenges that we tend to have going forward,” said Gqubule-Mbeki.

Another challenge related to activism is the toll it can take on people’s mental health. Kalla recalled a period in her time as an activist when she struggled to eat and live healthily, saying that it taught her about creating sustainable spaces within movements. ..It is important to address the issue of “toxic behaviour” within movements, should it arise, she continued. “A lesson that I’ve learned is that you have to be tender. So, tenderness is fundamental, but firmness is equally fundamental, so that you don’t create an unhealthy space, then it collapses.”

Being a young woman whose activism has brought her into meetings dominated by older, more experienced people, Matibi has sometimes questioned her own standards and achievements. She manages these uncertainties by building supportive networks within civil society. Jennifer Matibi, founding member of Nirvana, an initiative that assists young women of the Johannesburg inner city to create spaces in which they can grow.

“Being involved with other activists, being involved with other people that are doing the work that you’re currently doing, …I have people that I can reach out to who are actually in the space and doing the kind of work that I’m doing,” said Matibi.

As an activist, it is important to guard against the potential for hubris, said Gqubule-Mbeki. This can be done through supporting other activists and offering solidarity to those who are struggling for change. However, it also requires a keen awareness of those representatives of commercial and state interests who might try and “sidle up” to a cause.

“So, when you read vested interests, then you are able not to [sell out] to money, because money – once it comes into your cause and is not properly governed – it becomes toxic and [those providing the money] can go to communities and you can give them a disproportionate power,” said Gqubule-Mbeki. “And then when the state sidles up to you, you have to be equally weary, but also conscious that this is the state’s job. The state is the collective people.” Siyabonga Ndlangamandla, board Member at Makers Valley Partnership as he listens to other panelists talk. Johannesburg, 21 March 2022. (Photo: Shiraaz Mohamed)

Activism is not an exclusive or an elite phenomenon, according to Majola. It can take the form of signing a petition, joining a demonstration or simply participating and engaging as part of an audience.

“[W]e shouldn’t sanctify or glorify activists, because ultimately, we’re still human,” he said. “So, I think anybody can get into activism, and those who are already in, I think it’s important to base and ground your movements in fact and truth.”

https://www.dailymaverick.co.za/article/2022-03-22-the-world-needs-activists-who-in-turn-need-commonality-for-success-and-survival/

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IFEX at Canadian parliament: do more to protect human rights defenders

April 4, 2022

IFEX Deputy Executive Director Rachael Kay delivered a presentation on the situation of human rights defenders, journalists, and media organisations to the Canadian House of Commons Subcommittee on International Human Rights.

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…Like everyone, we see the expansion of authoritarianism in all its forms. Information is being weaponized in ways that has a profound impact on people and is creating a kind of information chaos. In our network alone, we’ve seen how misuse of access to information legislation, internet shutdowns, misinformation, attacks on media and of course the murder of journalists is becoming routine. When those targeted directly with online disinformation and smear campaigns are women, the form the attacks take is usually gendered and often results in self-censorship.

The aim is to silence these voices, and it is doing just that.

We can see this played out in the current context. Immediate action is required in the most urgent situations, Ukraine/Russia, Afghanistan, Belarus, Ethiopia, Myanmar, Nicaragua and Sudan, just to name a few. It is imperative that coordinated systems of emergency support for journalists at risk and their families are created, something where we see Canada is already moving in the right direction. But we must continue to increase our effectiveness.

And to be effective, these systems should include providing emergency visas that have simple and secure methods of submission and, in the absence of such, they must expedite the processing of visas for journalists and their families, as well as ensure safe passage. Key to the success of any intervention is effective coordination with local and international civil society organisations working to protect and evacuate journalists.

We see that media freedom has never been more crucial. Democracies cannot survive and flourish without free, independent and pluralistic media. We need to reverse engineer the current branding of the media as fake news and the enemy of the people as normal. It has been the lexicon adopted around the world – language mimicked and acted upon that includes continued verbal and physical attacks on the media with total impunity. This has had a profound impact on press freedom and journalists in particular. And be sure, no country, including Canada, is exempt from this trend.

The narrative needs to be countered forcefully with words and actions. Outside of intervening in urgent situations, the government must play a significant, ongoing role in reinforcing the need for press freedom and respect for journalists in its own national context.

There is also the need for accountability. The criminalisation of journalism and abuse of law by state actors has to end and we call on multilateral relationships and institutions to ensure that those who attack the media face real consequences for their actions – otherwise attacks against the press will continue to escalate and any standards championed by Canada will remain empty.

…..

At IFEX our network of over 100 member organisations in more than 70 countries actively advocate for freedom of expression and information as a fundamental human right – many do so in very dangerous circumstances. The targeted repression of press freedom advocates and journalists, and attacks on communities and institutions, see accepted norms being increasingly undermined and weakened.

We have been called on to do more direct support for our members, across all regions, who find themselves increasingly under attack by authoritarian states focused on shutting down the voices of civil society and threatening dissent at any price.

Organisations whose offices and staff are targeted and harassed with no other aim but closure and erasure need to be supported, funded and engaged with – because these are the voices that call for accountability and if these voices are shuttered it will leave a vacuum for democracy.

We know these issues are complex. IFEX’s members and allies around the world have been working on them, doing grassroots advocacy, publishing reports, indexes and offering solutions and campaigning for years. They are a rich pool of knowledge that could inform Canada’s policies and discussions with nuance and a national and global perspective. As part of your efforts in focusing on press freedom we would welcome being a conduit to these sources.

Governments and civil society groups need to continue to find ways to collaborate, to be at the table together.

Human Rights in Repressive States: The situation of human rights defenders, journalists and media organisations

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Grim times for human rights defenders and real journalists in Russia

April 1, 2022
Svetlana Gannushkina and Oleg Orlov in court. @MemorialMoscow / Twitter.com

While understandably most attention goes to the real war in Ukraine, we should keep an eye on the worsening situation in Russia itself. See also my earlier post: https://humanrightsdefenders.blog/2022/03/05/ngos-express-great-worries-about-human-rights-situation-in-russia-at-un-human-rights-council/

Michael Mainville for AFP on 31 March 2022 is writing about this very intelligently:

For many years, veteran Russian human rights defender Oleg Orlov thought his country’s darkest days were behind it. Not anymore. “I don’t think I have ever seen a darker period,” says Orlov, 68, who began a lifetime of activism in the early 1980s handing out leaflets against the Soviet war in Afghanistan.

“What is happening now cannot be compared with anything that happened before in Russia, maybe anywhere in the world… when a country that left totalitarianism behind went back.”

For Orlov and other activists of his generation, the conflict in Ukraine has marked the definite end of a hopeful time that started with Soviet leader Mikhail Gorbachev’s reforms in the 1980s. Nearly 40 years later, Russian troops are again fighting and dying abroad, Kremlin opponents are in jail, independent media have been shut down and thousands of Russians have decided to flee the country.

“The hopes we had did not come true, there have been terrible disappointments,” says Svetlana Gannushkina, 80, one of Russia’s most prominent post-Soviet rights activists. “Today we have a country that can no longer be called authoritarian, this is already a totalitarian regime.“

Orlov and Gannushkina are two of the last few critical voices still at work in Russia, and in interviews with AFP in Moscow this week both said they had no plans to quit or to leave. Orlov was in the offices of Memorial, which was shut down last year after decades as Russia’s most prominent rights group, where bookcases sat empty, desks had been cleared and packing boxes were piled on the floor. [see: https://humanrightsdefenders.blog/2021/12/29/russias-supreme-court-orders-closure-emblematic-memorial/]

“I don’t see myself outside Russia. I… have always wanted to live and die in this country,” says Orlov.

A biologist by training, Orlov joined Memorial in the late 1980s when the group was set up to document Soviet-era crimes. He went on to record rights abuses in a series of post-Soviet conflicts, especially in Russia’s two wars in Chechnya in the 1990s.  In 1995 he was part of a group who swapped themselves for hostages taken by Chechen fighters and were eventually released, and in 2007 he was abducted, beaten and threatened with execution by a group of masked gunmen in Ingushetia next to Chechnya. After serving two years in the mid-2000s on Russia’s presidential human rights council, Orlov has since been active in opposing President Vladimir Putin. He was arrested at a March 6 protest against the military action in Ukraine, and returned home one day this week to find his front door painted over with the letter “Z” — a symbol used to show support for Russia in the conflict — and a sign reading “collaborator.”

The harsh new political climate and impact of severe sanctions have prompted thousands of Russians to leave in recent weeks, including many of the country’s young, opposition-minded liberals. Gannushkina has seen it at her Civic Assistance Committee, the group she founded in 1990 to help refugees and migrants in an often-hostile environment. “Unfortunately, our wonderful young people, who followed their hearts to our organization, are leaving,” she says…These young people, who we had so much hope for, feel in danger and helpless, so they leave. And we are left here with this insanity...”

The former mathematics professor set up the Civic Assistance Committee to help the thousands displaced by conflicts as the Soviet Union fell apart in 1991. From its modest Moscow offices, it provides legal assistance and help with finding jobs and housing, as well as campaigning for the rights of marginalized groups. Gannushkina also worked with Memorial and like Orlov served on the presidential human rights council before resigning in 2012. A letter of thanks for her service signed by Putin still hangs on her office wall. She remains very active, taking the time to meet individually with people seeking help.  [see: https://www.trueheroesfilms.org/thedigest/laureates/215E5731-7786-434A-9C20-923168E65F44]

“No, I don’t think about leaving,” Gannushkina says, though she admits she is glad her children and grandchildren live abroad. I am happy they are not here, because it gives me the chance to say what I think, to everyone and everywhere.”

“We had a chance to create a normal federation, which would be governed in the way other federations are governed in democratic regimes. We missed that chance,” she says. All she can do now, Gannushkina says, is “hope that time will pass and we will get another chance. “But most likely I won’t be here to see it.”

Image without a caption

Also on 31 March 2022 The Washington Post had an editorial: A generation of independent Russian journalists meets its grim end:

In his lecture accepting the Nobel Peace Prize on Dec. 10, the editor of the Russian investigative newspaper Novaya Gazeta, Dmitry Muratov, declared that “journalism in Russia is going through a dark valley.” He said more than 100 journalists, media outlets, human rights defenders and nongovernmental organizations have been branded “foreign agents,” a label equivalent to “enemies of the people.” Many journalists lost their jobs and fled the country. [see: https://www.trueheroesfilms.org/thedigest/laureates/bdbb2312-8b7a-4e44-bb4c-1864474daec7]

Now Novaya Gazeta itself has suspended publication, threatened by the government for failing to label a group as a “foreign agent” and because of an onerous new law that makes it a crime with penalties up to 15 years in prison to “discredit” the armed forces — including use of the words “war,” “invasion” or “attack” to describe President Vladimir Putin’s onslaught against Ukraine. A day after the invasion, Novaya Gazeta expressed outrage with a front-page three-word banner headline against a black background: “Russia. Bombs. Ukraine.” The paper continued to report, including from a correspondent in Ukraine, until it could no longer. The decision to suspend was portrayed by Mr. Muratov as temporary, but the future for all independent media in Russia appears grim.

This is a tombstone moment for a generation of independent journalists. In the final years of Soviet glasnost and in the unbridled and exuberant first years of Russia’s democracy, they threw off the straitjacket of censors and state-dominated media outlets to create newspapers, magazines, radio stations, television broadcasts and digital and social media that drew large and information-hungry audiences. To be sure, the audiences often were liberal, elite and urban, but at the very least, Russians benefited from information sources outside state control. Even in the authoritarian years of Mr. Putin’s rise, some were permitted to function. Novaya Gazeta distinguished itself with hard-hitting investigations, as Mr. Muratov noted in his lecture, fearlessly exposing money-laundering and the exploitation of Siberian forests, among other topics. Six of the paper’s reporters have been killed over the years.

But now it seems that Russia is moving from authoritarianism to totalitarianism, where the state can no longer tolerate any independent outlets. Echo Moskvy, a bastion of open discussion on radio and online, has been silenced and closed. TV Dozhd, founded in 2010, has suspended operations, and some of its journalists have fled. The popular news website Znak.com has also closed. A similar trend has swept independent media in Russia’s regions.

Mr. Putin completely missed the ferment and exhilaration of the late-1980s glasnost years — he was serving in the KGB in East Germany — and in his two decades in power, he has shown little patience for free speech. Lately, dozens of people have been arrested for expressing anti-war sentiments. Vera Bashmakova, the editor of a popular science magazine, was detained for several hours when she showed up at preschool to pick up her daughter with a “No to war!” sign in her car window. She was charged with “discrediting the army.” This is indeed a “dark valley” for Russia, and it is growing darker by the day.

https://www.themoscowtimes.com/2022/03/31/shattered-hopes-and-dark-days-for-longtime-russian-rights-activists-a77158

https://www.washingtonpost.com/opinions/2022/03/31/generation-independent-russian-journalists-meets-its-grim-end/

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Naty Castro freed by Philippine court order

March 31, 2022
Philippine court frees human rights doctor

Photo: Rappler.com

On 30 March, 2022, the good news arrived: A human rights activist and doctor arrested in the Philippines last month on rebellion and kidnapping charges has been freed from detention after a court dismissed the case against her and condemned the manner of her arrest. [see: https://humanrightsdefenders.blog/2022/03/10/naty-castro-human-rights-defender-in-the-philippines-arbitrarily-detained/]

Dr. Maria Natividad (“Naty”) Castro, 53, walked free from detention on March 30 after the Bayugan City Regional Trial Court ordered her release on March 25. The judge called the arrest ‘repugnant to her right to liberty’

She had been held since her arrest in Manila on Feb. 18 for allegedly being a fundraiser for the Communist Party’s armed wing, the New People’s Army. She was also accused of being involved in the kidnapping of a government-backed militia member in 2018 while helping indigenous communities in Mindanao.

https://www.ucanews.com/news/philippine-court-frees-human-rights-doctor/96721

http://davaotoday.com/main/human-rights/agusan-sur-court-dismisses-charges-vs-red-tagged-community-doctor/

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Norway’s NGOs furious about Telenor’s data ending up in the hands of Myanmar’s junta

March 31, 2022
Former Minister of Trade and Industry Monica Mæland visiting Myanmar in 2014. Photo: Trond Viken, Ministry of Trade and Industry

On 25 March, Telenor announced that the telecom giant had transferred the operational activities of Telenor Myanmar to M1 Group. [see: https://humanrightsdefenders.blog/2021/10/26/norways-telenor-in-myanmar-should-do-more-than-pull-out-it-should-not-hand-sensitive-data-to-the-regime/] In a release following the announcement, the Norwegian Forum for Development and Environment (ForUM) condemns the sale, and Kathrine Sund-Henriksen, ForUM’s general manager calls it a dark day for Telenor and for Norway as a human rights nation.

ForUM is a network of 50 Norwegian organizations within the development, environment, peace, and human rights with a vision of a democratic and peaceful world based on fair distribution, solidarity, human rights, and sustainability. ForUM writes that together with transferring the operational activities of Telenor Myanmar to M1 Group, Telenor also sells sensitive personal data of 18 million former Telenor customers, and there is an imminent danger that this information will soon be in the hands of the country’s brutal military dictatorship. ForUM is furious at the news that the sale has been completed.

“Ever since the sale was announced last summer, we have worked to prevent it because there is a big risk that the military junta will have access to sensitive personal information and use it to persecute, torture, and kill regime critics. Incredibly, Telenor is going through with a sale that has been criticized by human rights experts, civil society, Myanmar’s government in exile, and even their own employees in the country,” says Kathrine Sund-Henriksen.

Telenor has admitted that since October last year they have known that the junta uses the M1 Group as an intermediary and that the data will soon end up in the hands of Shwe Byain Phy Group, a local conglomerate with close ties to the junta. Kathrine Sund-Henriksen believes it is only a matter of time before the sale has tragic consequences for human rights activists in the country.

“When metadata is transferred, the junta will be able to know who a user has called, how long the call has lasted, and where the call was made. All of this can be used to expose activist groups operating in secret for the junta. According to the UN, the junta has killed more than 1,600 people and more than 12,000 have been arrested since last year’s coup. Those numbers will continue to increase, and Telenor has given the junta all the information they need to expose human rights defenders,” Kathrine Sund-Henriksen says.

https://www.forumfor.no/nyheter/2022/forum-for-utvikling-og-miljo-fordommer-salget-av-telenor-myanmar

https://scandasia.com/norways-forum-condemns-the-sale-of-telenor-myanmar/

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Ecuador: unique case of mass amnesty for environmental defenders

March 31, 2022

On 30 March 2022 CIVICUS reported on a very interesting case: On 11th March 2022, the National Assembly of Ecuador approved a bill granting amnesty to 268 people who faced prosecution for their defence of land, indigenous and environmental rights, and for their involvement in 2019 protests. The bill was approved by the plenary of the National Assembly with 99 favourable votes out of the 125 parliamentarians in attendance.

Among those benefitted by the amnesty, 153 are land defenders, 43 are environmental activists, 12 are Indigenous leaders criminalised for administering Indigenous justice and 60 others were more generally facing charges related to their involvement in the October 2019 demonstrations. Several defenders, such as Gabriela Fraga, Nancy Simba, Ángel Punina, Javier Ramírez and Jovita Curipoma, were cleared of charges related to resistance against extractive industries. Civil society groups also highlighted the case of Víctor Guaillas, a water defender who had been detained on charges of ‘sabotage’ in 2019, for whom amnesty came too late. Guaillas was one of the 62 people murdered in November 2021 amid a riot in a Guayaquil prison.

Ecuador’s Human Rights Alliance (DDHH) called the move a “historical precedent against the criminalisation and prosecution of rights defenders.” In a statement, the coalition said that this amnesty “means vindicating the right to truth and justice for those who exercise the right to defend human rights” in a context of recurrent criminalisation of these actors.

In a separate but related development, in December 2021 President Guillermo Lasso had made stigmatising statements about social movements and Leonidas Iza, the president of the Indigenous confederation Confederación de Nacionalidades Indígenas (CONAIE). Iza and former CONAIE president Jaime Vargas were among those facing prosecution related to October 2019 protests, and were both granted amnesty in March 2022.

On 21st December 2021, during a weekly broadcast programme in which he discusses government initiatives, Lasso called Iza “an anarchist” and “a violent man,” and claimed that the Indigenous leader “hates democracy.” The President accused the CONAIE leader of incentivising violence during the October 2019 protests. Lasso also said his government would use all the power of the state to jail “those who want to anarchise this country, disrupt public services, and deepen an economic crisis that has already been affected by the pandemic.”

On 22nd December 2021, the DDHH issued a statement expressing solidarity with the Indigenous movement and Leonidas Iza. The coalition said that Guillermo Lasso’s “violent and contemptuous discourse stigmatises the work carried out by social and political leaders, social and Indigenous movements, and makes unfounded and reckless attacks against Leonidas Iza.”

Lasso repeated his statements in a programme aired on 4th January 2022, calling Iza “an enemy of Ecuadorean democracy.”

On 27th January 2022, Ecuador’s Constitutional Court confirmed the violation “of the rights to prior consultation, to nature, water, a healthy environment, culture and territory, as well as comprehensive reparation measures”, regarding the A’i Cofán Indigenous people of the Sinangoe community in relation to mining concessions that affected their ancestral territory without their free, prior and informed consent. In their ruling, the country’s highest court reaffirmed the state’s obligations in consultation processes on plans and projects that affect Indigenous peoples’ rights and interests.

Indigenous communities and organisations have led the international campaign “Who Should Decide?”. Just days before this court ruling, they delivered more than 365,000 signatures to the Constitutional Court asking the Court to protect the right of Indigenous peoples to decide on the future of their ancestral territories.

International group Amazon Frontlines said that the Constitutional Court ruling recognises “for the first time, the right of Indigenous communities to have the final decision over oil, mining and other extractive projects that affect their lands.” The organisation also evaluated that Ecuador “now has one of the most powerful legal precedents in the world on the internationally recognised right of Indigenous peoples to Free, Prior and Informed Consent.”

See also my earlier: https://humanrightsdefenders.blog/2016/02/27/alarming-criminalisation-of-human-rights-defenders-in-latin-america/

https://monitor.civicus.org/updates/2022/03/30/ecuador-amnesty-granted-268-rights-defenders-and-protesters/

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Shocking case of refoulement from Spain

March 31, 2022

On 30 March 2022, Statewatch along with 13 other human rights organisations condemned the deportation from Spain to Algeria of Mohamed Benhalima, a human rights activist who faces a serious risk of torture and other ill-treatment in the North African state.

The organisations strongly condemn the deportation by Spain of Algerian activist Mohamed Benhalima, in the evening of 24 March 2022, despite the risks of torture and serious human rights violations he faces in Algeria, and therefore in blatant violation of Spain’s international obligations on non-refoulement. The authorities had been made aware, through civil society and legal appeals, that Mr Benhalima faces a high risk of torture, arbitrary detention and unfair trial in Algeria, where such violations are increasingly common against prisoners of opinion and peaceful activists.

Mohamed Benhalima is an Algerian citizen and a former Army corporal turned whistleblower, who exposed corruption among Algeria’s high-ranking military officials in 2019. He left Algeria after receiving information that his name was on a list of wanted military officials at risk of detention by the Algerian army for their participation in the Hirak, a mass pro-democracy protest movement.

He sought asylum in Spain on 18 February 2020 and again on 18 March 2022; Spain refused him asylum both times. On 14 March 2022, authorities opened an administrative file of expulsion for infringement of Art. 54.1.a. of Immigration Law 4/2000, alleging that Mr. Benhalima took part in “activities contrary to public security or which may be harmful for Spanish relationships with foreign states”.

Spanish authorities justified the opening of an expulsion file based on Mr. Benhalima’s alleged association with political opposition group Rachad, which was listed as a terrorist group by Algeria on 6 February 2022. Spanish authorities claimed that Rachad’s objective was to infiltrate radical youth into Algerian society to protest against the Algerian government, and concluded that the activist was a member of a terrorist group.

Authorities did not provide any proof of violent action or speech or any other action taken by the activist that would fall under a definition of terrorism in accordance with the definition proposed by the UN Special Rapporteur on the protection of human rights while countering terrorism. Authorities also do not appear to have considered a context in which Algerian authorities have been increasingly levelling bogus terrorism and state security charges against peaceful activists, human rights defenders and journalists since April 2021. On 27 December 2021, UN Special Procedures warned that the definition of terrorism in the Algerian Penal Code was too imprecise and undermined fundamental rights. They stated that the procedure for registration on the national terrorist list did not comply with international human rights standards and expressed concern that it could give rise to abuse.

On 24 March around 7pm, Mr. Benhalima’s lawyers were notified of the resolution of expulsion and promptly filed a request for an interim suspensive measure at the National Court of Spain, which was rejected; however, it was revealed later that the activist was already on his way to Algeria at the time.

On 21 March 2022, the UN High Commissioner for Refugees (UNHCR) submitted a non-public report to the Spanish government stating that Mr. Benhalima’s asylum request should be studied thoroughly in a regular procedure and not rejected expediently, arguing that the fear of torture was credible and that Algeria’s criminalisation of peaceful opposition was internationally recognised.

On 27 March, Benhalima appeared in a video broadcasted on Ennahar TV, in which he “confesses” to the crimes of conspiracy against the state, and states that he was not treated badly in custody. However, the undersigned organisations call into question the reliability of such statements which might be the result of duress. In addition, Benhalima had himself released a video from the retention centre in Valencia, before his deportation to Algeria, in which he warns that such videos would not be genuine and would show that he “was subjected to severe torture at the hands of intelligence services.”

In January and March 2021, in Algeria, Mohamed Benhalima was sentenced in absentia to a total of 20 years in prison for charges including “participation in a terrorist group” (Article 87bis 3 of the Penal Code) and “publishing fake news undermining national unity” (Art.196 bis) among other charges. The overly broad formulation of both articles has been used by Algeria repeatedly to criminalise fundamental freedoms. In one of the verdicts, issued on 9 March 2021, the judge sentenced Benhalima to 10 years in prison for his online publications, including videos exposing corruption in the army, a form of peaceful expression, which is protected under the right to freedom of expression.

Spanish authorities additionally motivated the expulsion based on Mr. Benhalima’s close relationship with Mohamed Abdellah, another Algerian whistleblower and former member of the military, who also sought refuge in Spain in April 2019 and was forcibly returned on 21 August 2021 using Art. 54.1.a. of Law 4/2000, in similar circumstances and for the same motives.

Mohamed Abdellah, currently detained in the military prison of Blida, stated in court on 2 January 2022 that he had been subjected to various forms of torture and ill-treatment upon his return to Algeria, including prolonged solitary confinement in a cell with no light and physical abuse, according to a witness who attended the hearing. He was also deprived of access to a lawyer.

Despite the strong similarities between both cases providing a compelling precedent about the actual risk of torture and ill treatment of activists and whistleblowers, notably former members of the military, in Algeria, the Spanish government showed its determination to forcibly return someone where their physical and psychological integrity was not guaranteed. In doing so, Spain flouted critical international law obligations under which nobody should be returned to a country where they would be in danger of suffering torture or other cruel, inhuman or degrading treatment.

Signatures

  • MENA Rights Group
  • Justitia Center for legal protection of human rights in Algeria
  • World Organisation Against Torture
  • Red Jurídica
  • CIHRS
  • Amnesty International
  • Irídia, Center for Human Rights
  • Collectif des familles de disparus en Algérie
  • Al Karama
  • Statewatch
  • Spanish Commission for Refugees – CEAR
  • Euromed Rights
  • Alianza
  • ActionAid

https://www.statewatch.org/news/2022/march/spain-forsakes-international-obligations-in-appalling-refoulement-of-algerian-whistleblower/

https://www.aljazeera.com/features/2022/4/6/rights-defenders-slam-spains-deportation-of-algerian-dissident

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EU – China Summit on 1 April should not be a joke

March 30, 2022

European Union leaders should announce specific policy responses to the Chinese government’s atrocity crimes, Human Rights Watch said today, 30 March 2022. A virtual summit between the EU and China is scheduled for April 1, 2022.

The summit takes place at a time of heightened tensions between the EU and the Chinese government, which retaliated against Lithuania for its relations with Taiwan, baselessly sanctioned EU bodies and European research institutions, and has not condemned Russian war crimes in Ukraine. The Chinese government’s disregard for international human rights norms mirrors its domestic track record of grave abuses without accountability.

“The EU’s foreign policy chief has pointed with alarm to the Chinese government’s ‘revisionist campaign’ against universal human rights and institutions,” said Sophie Richardson, China director at Human Rights Watch. “Brussels should revise its approach to match the magnitude of that threat.”

In a March 18 joint letter from 10 nongovernmental organizations to Ursula von der Leyen, president of the European Commission, and Charles Michel, president of the European Council, Human Rights Watch cited Chinese authorities’ deepening assault on human rights, including crimes against humanity targeting Uyghurs and other Turkic communities in Xinjiang, and heightened repression in Tibet and Hong Kong. Human rights defenders across the country – including the citizen journalist Zhang Zhan, the Uyghur intellectual and Sakharov Prize laureate Ilham Tohti, the Swedish publisher Gui Minhai, and many others – remain arbitrarily detained. {see https://www.trueheroesfilms.org/thedigest/laureates/37AE7DC4-16DB-51E9-4CF8-AB0828AEF491, and https://humanrightsdefenders.blog/2020/02/25/gui-minhai-10-years-jail-sentence-in-china/

While the EU has taken important steps in reaction to these developments, including some targeted sanctions and strong condemnations of Beijing’s abuses at the United Nations, these efforts lack the consequences to bring significant change. The rights groups urged Michel and von der Leyen to use their time with the Chinese leaders to announce further steps to counter Beijing’s abuses, and cautioned them against calling for yet another round of the bilateral human rights dialogue, which after 37 rounds has proven unable to secure concrete progress.

Stronger, better coordinated action is also supported by the European Parliament, which has remained a staunch critic of the Chinese government’s crackdown and has repeatedly denounced its abuses. Beijing responded by sanctioning several members of the European Parliament. In response, the European Parliament froze consideration of a bilateral trade deal and called for a new, and more assertive, EU strategy on China, including further targeted sanctions and closer coordination with like-minded partners. [see: https://humanrightsdefenders.blog/2021/05/21/china-eu-investment-deal-off-the-rail/]

“Presidents Michel and von der Leyen should go beyond words of condemnation at the summit if they want to deter Chinese government violations now and in the future,” said Claudio Francavilla, EU advocate at Human Rights Watch. “Bolder steps are needed to counter Beijing’s crimes against humanity and anti-rights agenda, and EU leaders should announce their determination to pursue them.”

https://www.hrw.org/news/2022/03/18/joint-ngo-letter-ahead-eu-china-summit

https://www.hrw.org/news/2022/03/30/eu-no-business-usual-china-summit

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Annual Report Amnesty 2021 is out

March 29, 2022

The human rights organisation looks back on 2021, “a year of dashed hopes“. According to Amnesty International, the digital sphere is increasingly becoming a space for activism — and repression.

Despite promises and pledges to the contrary, at almost every turn, leaders and corporations opted for a non-transformative path, choosing to entrench rather than overturn the systemic inequalities behind the pandemic. Yet, people the world over have made it abundantly clear that a more just world, grounded in human rights, is what they want

Agnès Callamard SG AI

Here is how Deutsche Welle summarized it:

Every year, Amnesty International looks at developments around the world and compiles an analysis of the most important global trends in human and civil rights. In its latest annual report, Amnesty Middle East and North Africa research and advocacy director Philip Luth says: “2021 was a year of really quite significant promises. … The reality was completely otherwise.”

There had been hope that the world might emerge from the pandemic equitably, Luther told DW, but richer countries in particular have prevented the widespread manufacture and distribution of vaccines. The annual report cites the facts: Fewer than 8% of the 1.2 billion people in Africa were fully vaccinated at the end of 2021 — the lowest rate in the world and far from the WHO’s 40% vaccination target…..The study also found that many governments have used the pandemic to suppress opposition and civil society. “It’s across regions and that’s one of the reasons we highlighted it in our global analysis,” Luther said. “Some governments very specifically used the smoke screen of the pandemic to restrict freedom of expression.” Examples of countries where protests have been broken up and human rights defenders are at risk include Cambodia, Russia, China and others.

According to Amnesty and other international organizations, the pandemic is also having an effect on civil society. “There are various strategies that are making it increasingly difficult for civil society to operate in different regions of the world,” Silke Pfeiffer, head of the department for human rights and peace at the Christian-affiliated aid organization Brot für die Welt (Bread for the World), told DW. “This is quite specifically directed at individual activists, who are discriminated against, threatened, persecuted and in some cases murdered.” In many countries, Pfeiffer said, governments cultivate a hostile environment. “It becomes increasingly difficult for civil society organizations to work,” she said. “That goes as far as the closure of NGOs; we see that again and again.” To cite just one example: In late March, Nicaraguan President Daniel Ortega had 25 nongovernmental organizations closed. One of them is the Nicaraguan partner organization to Brot für die Welt.

Governments and NGOs are increasingly doing their work online. Luther describes the development as a “double-edged sword.” Authorities clandestinely use technology in ways that have a negative impact on people’s human rights, he said: “Governments in many cases were also then trying to shut down and disrupt tools that enable civil society to better communicate with each other and spread information.”

Amnesty International’s annual report cites multiple examples of this: the internet shutdown from August 4, 2019, to February 5, 2021, in the India-controlled regions of Jammu and Kashmir; the use of facial recognition technology at protests in Moscow; and the use of Israel’s Pegasus spyware against journalists, opposition figures and human rights activists. Pfeiffer said the internet was an important way for civil society to organize and mobilize. But she added that, around the world, “governments and other actors have completely upgraded digitally and are now also taking very strong action against freedom on the internet — through censorship, by shutting down internet services, through mass surveillance.”

Across the world, Amnesty noted, people took to the streets to fight for their rights and the rights of others in 2021 — in Russia, India, Colombia, Sudan, Lebanon and at least 75 other countries. in the words of AI Secretary General: “The palpable and persistent resistance offered by people’s movements the world over is a beacon of hope. Uncowed and undaunted, theirs is a clarion call for a more equal world. If governments won’t build back better – if they seemingly are intent on building back broken – then we are left with little option. We must fight their every attempt to muzzle our voices and we must stand up to their every betrayal. It is why, in the coming weeks, we are launching a global campaign of solidarity with people’s movements, a campaign demanding respect for the right to protest. We must build and harness global solidarity, even if our leaders won’t.”

She also said:

Global trends to stifle independent and critical voices gathered steam in 2021 as governments deployed a widening gamut of tools and tactics. Human rights defenders, NGOs, media outlets and opposition leaders were the targets of unlawful detention, torture and enforced disappearance, many under the smokescreen of the pandemic.

At least 67 countries introduced new laws in 2021 to restrict freedom of expression, association or assembly. In the USA, at least 36 states introduced more than 80 pieces of draft legislation limiting freedom of assembly, whilst the UK government proposed the Police, Crime, Sentencing and Courts Bill, which would drastically curtail the right to freedom of peaceful assembly, including by expanding police powers.

Global trends to stifle independent and critical voices gathered steam in 2021 as governments deployed a widening gamut of tools and tactics. Human rights defenders, NGOs, media outlets and opposition leaders were the targets of unlawful detention, torture and enforced disappearance, many under the smokescreen of the pandemic.

At least 67 countries introduced new laws in 2021 to restrict freedom of expression, association or assembly. In the USA, at least 36 states introduced more than 80 pieces of draft legislation limiting freedom of assembly, whilst the UK government proposed the Police, Crime, Sentencing and Courts Bill, which would drastically curtail the right to freedom of peaceful assembly, including by expanding police powers.

https://www.dw.com/en/amnesty-international-2021-was-the-year-of-broken-promises/a-61285728

Political leaders and corporate titans put profit and power ahead of people, betraying promises for fair recovery from pandemic

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Ubuntu Hub in Accra will serve as a safe haven for Human Rights Defenders

March 28, 2022

Accra set to house threatened African Human Rights Defenders

An interesting example of what African NGOs can do in their own region for human rights defenders:

The Gender Centre for Empowering Development (GenCED) and African Defenders, a Pan-African Human Rights Defenders (HRDs) Network, have signed a Memorandum of Understanding (MoU) to set up the 7th Ubuntu Hub in Accra.

The Hub will serve as a safe haven for Human Rights Defenders and in some instances, their families within the continent who are subjected to attacks, threats, violence, and extreme pressure as a consequence of their human rights works.

The MoU would ensure that such victims are given medical, social, educational and psychosocial support in Accra or another African country if they so will, to ensure their wellbeing and development.

Mr Shire said it was prudent for Africa to stay alive and support each other to close the gaps such as threatening, torturing, murmuring, and crying caused as a result of the lack of protection of its people.

A feasibility study conducted by the parties proved that Accra in Ghana was the most suitable host for the initiative as its political, security, and human rights records gave the idea that the city provided an appropriate environment for the relocation of at-risk HRDs, he said.

“Why do human rights defenders need to travel to Finland, just to seek a safe haven, why can’t we seek one from another country within our own continent,” he said.

He explained that the cost of relocating African HRDs at risk to another continent was prohibitory expensive, and the HRDS often faced cultural displacement, stigmatization and cultural and language barriers, hence, finding themselves unable to actively continue their human rights activism when relocated outside of the continent.

In 2019, he said the African Defenders, therefore, launched the Ubuntu Hub Cities, with the aim of providing at-risk African HRDs, with options for safe internal and external temporary relocation without having to leave their home continent.

The initiative since its inception has created a Hub in Kampala, Abidjan, Tunis, Johannesburg, Pretoria, and Cape Town.

Through their diverse local partnerships, Mr Dire said relocation also provided an opportunity for HRDs at risk to learn and share experiences, so that, they could have a positive impact on the host community and return home with enhanced capacities to protect and promote human rights.

Under the Ubuntu Hub Cities Initiative, he mentioned HRDs, Journalists, Writers and Scholars, Trade Union Workers, Human Right Lawyers and Artists as some of the groups they supported.

Ms Esther Tawiah, the Executive Director, GenCED, said African leaders had to stay true to the power and give voice to the ordinary citizen who gave them the mandate.

https://www.modernghana.com/news/1147846/accra-set-to-house-threatened-african-human-rights.html

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