Archive for the 'human rights' Category

Polish judges have become human rights defenders

April 8, 2019
Barbora Cernusakova (Amnesty International’s Poland researcher) posted in Euronews on 4 April 2019 a piece entitled “When Polish judges become human rights defenders”

“There is a danger when politics enters the judiciary,” warned Judge Sławomir Jęksa in his summing up of his decision to accept the appeal of a woman who had been charged for using offensive language at a rally. She had, he reasoned, not only been entitled to express herself in the way that she did, especially since she was expressing genuine concerns about the encroachment on human rights in Poland. Days after his ruling, Judge Jęksa found himself at the receiving end of just the sort of political interference of which he had warned. The Disciplinary Prosecutor started proceedings against him on the grounds that his ruling was an “expression of political opinions” and “an offence against the dignity of the office of the judge.”

Judge Jęksa does not have much faith in the disciplinary procedure which will take place in the Disciplinary Chamber of the Supreme Court. The Disciplinary Chamber is a special body whose members were chosen by a body formed of politicians from the governing party. He is just one of several judges facing similar pressures. More than a dozen judges have faced disciplinary proceedings since last autumn. These may result in sanctions, including their dismissal from office.

Some of the more outspoken judges who publicly expressed their opposition to the government’s interference with the judiciary have even received death threats…..

This is all happening in the context of a wider smear campaign against judges that have upheld decisions in defence of human rights that began in 2017. Judges are constantly portrayed as “enemies of the people” who “damage the interests of Poland.” Pro-government media and social media accounts have gone as far as invading their privacy by regularly publishing their personal information, including details about their sick leave and their trips abroad.

Despite this, judges in Poland continue to organise and collectively resist the pressures from the government. “For the first time in our careers we have to stand our ground and show we are not just civil servants, but the authority that protects legal order,” Judge Dorota Zabłudowska told me.

But the ongoing struggle over the independence of the judiciary in Poland is not only about them. It is a fight for human rights that ultimately affects everyone in the country and indeed in Europe. In a significant move yesterday, the European Commission launched an infringement procedure to protect judges in Poland from political control. …The chilling effect of the abuse of this already flawed disciplinary system is real and this has now been called out by the Commission. Member states should back this step and call on Poland in the General Affairs Council next week to end the harassment and intimidation of judges.

This decision draws an important line in the sand and makes clear that interfering with the independence of the judiciary cannot and will not be tolerated. Allowing one member state to operate outside the rule of law would be to allow the entire system to be contaminated…

See also: https://humanrightsdefenders.blog/2018/09/27/polish-ombudsman-adam-bodnar-winner-of-2018-rafto-award/

https://www.euronews.com/2019/04/04/when-polish-judges-become-human-rights-defenders-view

Silvana Meixner winner of Ari Rath Prize for Critical Journalism 2019

April 8, 2019
Vindobona announced on 4 April 2019 that ORF journalist and presenter Silvana Meixner will be awarded the second Ari-Rath Prize for Critical Journalism on 5 May 2019, the Day of Freedom of the Press. This prize was established to honour journalists who have rendered outstanding services to critical reporting on immigration, expulsion and asylum, committed to respect for human rights, in the spirit of the former editor-in-chief of the Jerusalem Post, Ari Rath who died in January 2017. [see https://humanrightsdefenders.blog/2018/05/04/world-press-freedom-day-a-good-time-for-honoring-journalists/] For more on this award and 7 other awards for journalists see: http://www.trueheroesfilms.org/thedigest/awards/ari-rath-prize-for-critical-journalism.

Former editor-in-chief of the Jerusalem Post, Ari Rath, who died in January 2017. / Picture: © Wikimedia Commons

Silvana Meixner is the head of the ORF minority editorial office (Minderheitenredaktion) and presenter of the magazine “Heimat Fremde Heimat”. In the spirit of the late Ari Rath, she is honoured as a journalist who has rendered outstanding service in her work to critical reporting on flight, expulsion and asylum, committed to the protection of human rights. Silvana Meixner was born on March 16, 1958 in Split, Croatia; she lives in Vienna since 1986. After graduating from high school, she studied sociology and pedagogy in Zadar. Since 1988 she has been working for the Austrian Broadcasting Corporation (Österreichischer Rundfunk), where she was involved in setting up the minority editorial office. On 3 December 1993 Silvana Meixner, who moderated the television programme Heimat, fremde Heimat together with Lakis Iordanopoulos, was injured by a letter bomb from Franz Fuchs. She continued her journalistic work for refugees, ethnic minorities and human rights.

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https://www.vindobona.org/article/silvana-meixner-receives-ari-rath-prize-for-critical-journalism-2019

German Africa Prize goes to Kenyan Ushahidi IT pioneer

April 7, 2019

The winner of the 2019 German Africa Prize is Juliana Rotich, founder of software project Ushahidi, which was introduced to monitor violence in Kenya following the 2007 general elections.

Juliana Rotich (Getty Images)

Juliana Rotich became known in professional circles in 2007 as the co-founder of the open source platform Ushahidi (a Swahili word meaning ‘testimony’), which began in Kenya as an internet platform developed to map reports of post-election violence and which went on to revolutionize the international flow of data and information.

A 16-member independent jury selected Rotich from a list of 18 African nominees. The 42-year-old was informed at a meeting on Thursday 4 April 2019 at the German embassy in Nairobi, attended by Deputy Ambassador Michael Derus and the General Secretary of the German Africa Foundation, Ingo Badoreck. The award pays tribute to the Kenyan entrepreneur not only for her business achievements and technological innovations but  also for her outstanding sense of social responsibility. For more on this another regional awards for Africa see: http://www.trueheroesfilms.org/thedigest/awards/german-africa-award]

The Ushahidi logo

In an interview with DW in 2013, Rotich explained the philosophy behind Ushahidi: “One of the things that we are doing is that we have a partnership with civil society organizations, peace networks and youth networks. And these are organizations that are doing peace work in terms of messaging and encouraging the population to be peaceful and to conduct themselves in a peaceful way. So in that respect we are part of a partnership. Ushahidi’s key role in this partnership is the technology. And this is the crowdsourcing technology that allows people to report but also provides a way for digital humanitarians to volunteer and help to sift through the information, categorize it and make it available on the website.

Today Ushahidi is used in over 160 countries as a tool for crisis response and for independent election monitoring, for example in Nigeria and Afghanistan. It has also been used following natural disasters in Chile, Haiti and New Zealand. Juliana Rotich is regarded as one of the leading figures of the digital revolution in Africa and beyond.

From Ushahidi she went on to found BRCK, an innovative technology company which is now the biggest Wi-Fi provider in sub-Saharan Africa. The central product is a battery-operated modem which can function for up to eight hours without electrical power. It is used in 150 countries.

See also: https://www.huridocs.org/2018/09/tools-for-human-rights-documentation-our-2018-snapshot/

https://www.dw.com/cda/en/german-africa-prize-goes-to-kenyan-it-pioneer/a-48200177
https://www.standardmedia.co.ke/article/2001346880/kenyan-bags-german-africa-prize

Greek government taking ‘positive discrimination’ a step too far?

April 5, 2019

On 4 April 2019, the head of the Greek National Commission for Human Rights (GNCHR), Giorgos Stavropoulos, resigned, accusing the (Syriza) government of attempting to alter the balance in the composition of the independent body’s committee.  In his resignation, Stavropoulos criticized the government’s decision to add five members from the LGBTQI community and two more members from the Roma community to the body’s plenary, saying the decision violates “any principle of equality” in relation to the other members of the GNCHR who only have one vote in the committee. Stavropoulos said the body has already made “a decisive contribution” in highlighting the problems of the Roma and LGBTQI community.

However, their excessively favorable treatment at the expense of all other defenders of human rights insults the latter, but also undermines the authority of the Commission itself, uncritically altering its composition and affecting its independence,” he added. GNCHR is an advisory body to the Greek State on matters pertaining to human rights protection.

http://www.ekathimerini.com/239220/article/ekathimerini/news/head-of-greek-human-rights-body-resigns-citing-government-disregard

Brunei back to the middle ages – will hotel boycott work?

April 4, 2019

Cruel and inhuman punishments such as death by stoning for same-sex sexual acts and amputation for robbery came into effect in Brunei Darussalam as Amnesty International feared. The proposed changes to Brunei’s penal code to incorporate punishments under a strict interpretation of Islamic law – including death by stoning – should be halted, the UN’s top human rights official, Michelle Bachelet, said on Monday 1 April 2019. Now some interesting new celebrity action is on the way:

A boycott of Brunei-owned luxury hotels  was sparked last week in an opinion piece by actor George Clooney, who said a boycott of the high-end hotels — where rooms can start at $600 a night or more — is necessary to keep money from flowing “directly into the pockets of men who choose to stone and whip to death their own citizens for being gay or accused of adultery.” It is gaining support from celebrities including Ellen DeGeneres and Elton John as the country on Wednesday implemented what it called Islamic criminal laws including death by stoning for gay sex.

The nine hotels owned by Brunei are:

  • The Dorchester, London
  • 45 Park Lane, London
  • Coworth Park, UK
  • The Beverly Hills Hotel, Beverly Hills
  • Hotel Bel-Air, Los Angeles
  • Le Meurice, Paris
  • Hotel Plaza Athenee, Paris
  • Hotel Eden, Rome
  • Hotel Principe di Savoia, Milan

..In his opinion piece last week, Clooney noted that he’s stayed at many of the hotels owned by Brunei, a small nation located on the island of Borneo, but said he was unaware of their ownership “because I hadn’t done my homework.” He acknowledged that a boycott is unlikely to change Brunei’s laws, but said consumers must decide whether they want their money to support laws that violate human rights. “Are we really going to help fund the murder of innocent citizens?” he wrote. “I’ve learned over years of dealing with murderous regimes that you can’t shame them. But you can shame the banks, the financiers and the institutions that do business with them and choose to look the other way.”

https://www.amnesty.org/en/latest/news/2019/03/brunei-darussalam-heinous-punishments-to-become-law-next-week/
https://www.bbc.co.uk/news/av/world-asia-47813751/will-george-clooney-s-brunei-boycott-really-work
https://www.20min.ch/ro/news/monde/story/Clooney-appelle-au-boycott-des-h-tels-de-Brunei-25250215
https://www.economist.com/asia/2019/04/04/bruneis-ultra-rich-monarch-adopts-harsh-sharia-punishments?
https://news.un.org/en/story/2019/04/1035831

In memoriam human rights defender Tejshree Thapa of Human Rights Watch

April 3, 2019

Flash mob in support of Sotoudeh in Hong Kong concert

April 2, 2019

 

 

 

 

 

 

Activists ‘flash mob’ Iranian concert to protest jailing of rights lawyer Nasrin Sotoudeh

A Hong Kong concert organised by the Iranian Consulate on 25 March 2019 was met with protesters who decried the jailing of human rights lawyer Nasrin Sotoudeh. [See: https://humanrightsdefenders.blog/2019/03/12/iran-cracks-down-on-nasrin-sotoudeh-and-other-human-rights-defenders/]

Around 20 activists staged a silent protest at the City Hall foyer, just before the start of a concert titled “Songs of Persia.” Venue staff did not intervene, as the protesters revealed black t-shirts stating “Free Nasrin Sotoudeh” The event was presented by the Iranian Consulate as part of a week-long cultural celebration.

We revealed our t-shirts in a quiet, dignified way, in the lobby… I would say everyone who went into the concert saw our protest,” one of the organisers – who did not wish to be named – told HKFP. She added that concertgoers took photos, and many already were familiar with Sotoudeh’s plight. One attendee told the group that Sotoudeh was his lawyer.

https://www.hongkongfp.com/2019/03/25/just-pictures-protesters-decry-jailing-iranian-rights-lawyer-nasrin-sotoudeh-hong-kong-concert/

Profile of Nayaali Ramirez Espinosa, indigenous rights defender of the Maya

March 31, 2019

Last year ISHR interviewed Nayaali Ramirez Espinosa, a lawyer providing legal assistance to Mayan communities in the region of Holpelchén, in the State of Campeche in Mexico. She expresses her satisfaction with some legal achievements such as the indigenous consultation in the region. It was published on 13 December, 2018.

Seven persons charged in South Sudan, including Peter Biar Ajak

March 30, 2019

It clearly helps to get attention for a human rights defender in trouble if there is a connection to a western country as shown in the case of Cambridge PhD student Peter Biar Ajak who was with charged with sabotage and insurgency in South Sudan.

Jared Genser, an international human rights lawyer who took on Ajak’s case, called the recent charges “unequivocally false”, telling Newsweek that his client “was not involved in any way in the planning or execution of the protest.”

Ajak was originally detained by the NSS at Juba International Airport on 28th July 2018, and has still not been formally charged for anything relating to this initial arrest eight months ago.

Ajak had been an outspoken critic of the South Sudanese government’s response to the country’s ongoing civil war. He is a chairperson of the South Sudan Young Leaders Forum, and was arrested while on the way to an event held by the Red Army Foundation, an organisation created by former child soldiers to advocate for peace and address social issues in the country.

Shortly before his arrest Ajak had tweeted that: “We must stop thinking that the so-called leaders will bring peace #SouthSudan. We, the great people of #southsudan, must organize ourselves to bring about the peace we deserve!”

Over the past few months there has been mounting international pressure on the South Sudanese government to release Ajak and others who have been similarly detained. Detaining a person without charge for more than 24 hours is illegal under the South Sudanese constitution.

The United Nations condemned Ajak’s continued detention earlier this month, citing a “clear trend in the use of national security and counter-terrorism legislation by states to criminalize free expression and the legitimate work of human rights defenders.”

Mountain View

In September 2018, Vice-Chancellor Stephen Toope wrote a letter to the President of the Republic of South Sudan. Ajak’s cause has also been championed by international human rights organisation Amnesty International.

https://www.varsity.co.uk/news/17369

https://www.sfgate.com/news/crime/article/7-in-South-Sudan-charged-with-sabotage-and-13714433.php

Major study: Do UN Communications Make a Difference for Human Rights Defenders?

March 28, 2019

Do UN Communications Make a Difference for Human Rights Defenders? asked Janika Spannagel in her new study on the “The Effectiveness of Individual Casework on Human Rights Defenders: An Empirical Study of the UN Special Procedure Cases 2004-2015

After her first study [see: https://humanrightsdefenders.blog/2018/01/26/first-quantitative-analysis-of-16-years-outgoing-communications-by-special-rapporteurs-on-human-rights-defenders/], the University of York has now made public this follow up, which makes fascinating reading for anyone with serious interest in the protection of human rights defenders. Thew full paper is downloadable (see link below) and clarifies many of the tricky issues that this study has to cover. While the highest impact for intervention is always desirable, there remains the ethical and ‘political’ question of intervening even when there is little hope of improvement because the offending regime does not seem to care..’crime should not pay after all’ [On 3 June 2014, that question became the motivation for continuing my blog: https://gr.linkedin.com/in/hans-thoolen-b6648b7]

Despite a growing body of literature on the UN special procedures, we still know very little about the effectiveness of one of its core instruments, namely the use of communications to raise individual cases of human rights abuse with the government concerned. Focusing on the mandate of the UN Special Rapporteur on the situation of human rights defenders, this working paper explores new data to answer the controversially discussed question of whether or not communications generally make a difference in the situations of individual defenders.

The first part of this paper analyses data obtained from a survey of involved advocates, assessing the UN mandate’s impact on a random sample of cases among the Special Rapporteur’s communications between 2004 and 2015. The second part is concerned with external factors that may impact the further development of a case, suggesting alternative explanations of – but also possible conditions for – the medium term effectiveness of communications. For this purpose, the author uses a logistic regression to analyse a sample of almost 500 cases in order to investigate possible explanations for improvement or deterioration among cases addressed by the Special Rapporteur.

The systematic analysis of impact assessments provided by involved advocates convincingly suggests that individual casework is very often effective in providing protection to defenders whose cases are raised. However, the study of predictors of positive case developments also shows that the effectiveness of individual casework is highly contextual and therefore requires strategic adaptation and creative responses.

Implications for Practice
  • In considering only direct impact, the finding that the Special Rapporteur’s individual casework very often positively influences defenders’ situations provides an important argument for continued, or even increased, support for the special procedures’ communications activity.
  • Based on the sample cases, it can be concluded that international attention paid to cases with business involvement did not result in any substantial improvements in the medium term. The recently increased efforts by the Special Rapporteur to raise cases with companies directly, rather than only through the government concerned, may prove more effective.
  • Regime type matters with regard to case development, although only as an indirect effect on the predictive value of certain variables. This includes the previous violations, a country’s aid dependency, and a forthcoming UPR process. Such variables should be taken into account when considering the potential impact of a communication on a certain case.
  • The Special Rapporteur often refers to ‘follow-up’ on cases, however, rarely if ever does this reflect repeat communications regarding the same violation against a given defender. In reality, further communications serve instead to highlight new violations against the individual involved. The data suggests that these – often ‘high profile’ – defenders have a very low chance of seeing their situation improved. This finding makes the case for a more detailed assessment of the likely added value that repeated mentions by the Special Rapporteur can or cannot provide.
  • The main leverage in terms of possible impact relies on the selection of cases. However, both the ethical implications and multiple purposes of casework should be acknowledged and respected. While a focus on increased impact can be useful, the documentation function and more indirect protection effects should also be taken into account during case selection.
  • What remains unclear in the dataset is the extent to which ‘improvements’ in a defender’s situation following a communication also reflect a restored ability to carry out their work, and to what extent the experience of violations, or the continued threat thereof, inhibits this. Further research into the effects of case-specific improvement on defenders’ ability to effect change is needed.

https://www.gppi.net/2019/03/26/do-un-communications-make-a-difference-in-the-situations-of-human-rights-defenders

This working paper is available for download from the University of York Human Rights Defenders Hub.