Archive for the 'human rights' Category
January 27, 2018
In January 2018 the EU Fundamental Rights Agcncy (FRA) published a Report “Challenges facing civil society organisations working on human rights in the EU“. Its conclusion is that the situation is getting more difficult. Also, on 26 January 2018, the Thomson Reuters Foundation published an interview with Michel Forst, the U.N. Special Rapporteur on human rights defenders said that the EU are setting a bad example by allowing some of its members to stifle human rights groups, which is encouraging crackdowns elsewhere in the world.
In the interview done by Umberto Bacchi, Michel Forst said that the EU has historically done a good job supporting and protecting rights advocates worldwide but the bloc’s authority is now being undermined from within. Officials in Burundi, Democratic Republic of Congo, Israel and other countries pointed at recent laws in Hungary and Poland to justify their own regulations which may curb the independence of non-governmental organisations.
“There is a need for European countries to be more coherent … not to teach human rights outside of Europe and then not respecting human rights inside Europe,” said Forst, the U.N. Special Rapporteur on human rights defenders. Charities in dozens of countries, from Angola to India and Tajikistan have faced restrictions targeting their funding and operations over the past two years, according to an EU report. The trend is part of a global backlash on civil society that has seen rights activists in some parts of the world criminalised or branded as troublemakers, Forst stated.
Last year, Hungary introduced a measure requiring NGOs that get money from abroad to register with the state, a bill that NGOs say stigmatizes them and is intended to stifle independent voices. [see also: https://humanrightsdefenders.blog/2014/06/13/human-rights-defenders-in-hungary-not-yet-foreign-agents-but-getting-close/]. Poland instead introduced legislation to set up a centralised authority controlling charities’ funding. [see also: https://humanrightsdefenders.blog/2017/03/02/backsliding-on-civic-space-in-democracies-important-side-event-on-3-march-in-geneva/%5D. As countermeasure, the EU should boost direct funding of rights groups operating within its borders, Forst said. “What is absurd for me is that the EU is funding organisations in Latin America, in Africa – which is good – but there is no more funding for EU NGOs,” he said. Money should be allocated from a dedicated fund and not channelled through governments, he said.
Besides Europe, Forst also singled out Australia for its treatment of asylum seekers held in offshore camps, adding it was “not a safe place” for human rights defenders due to pressure from the government. A December report by Pro Bono Australia and the Human Rights Law Centre, two rights groups, found Australian NGOs were often pressured into “self-silencing” their advocacy work fearing funding cuts and political retribution.
“(Global civil society) space is shrinking because it is shrinking in Europe, because it is shrinking in the Americas, in Australia,” said Forst.
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The FRA’s report finds that civil society organisations in the European Union play a crucial role in promoting fundamental rights, but it has become harder for them to do so – due to both legal and practical restrictions. This report looks at the different types and patterns of challenges faced by civil society organisations working on human rights in the EU. While challenges exist in all EU Member States, their exact nature and extent vary. Data and research on this issue – including comparative research – are generally lacking. The report also highlights promising practices that can counteract these worrying patterns.

Posted in books, EU, human rights, Human Rights Defenders | 1 Comment »
Tags: civil society organisations, EU, Europe, Foreign agent, foreign funding, freedom of association, Fundamental Rights Agcncy (FRA), funding restrictions, Hungary, Michel Forst, NGOs, Poland, thomson reuters foundation, Umberto Bacchi, UN Rapporteur on Human Rights Defenders
January 26, 2018
On 24 January 2018 an important study was made public about the work of the UN Rapporteurs on Human Rights Defenders. It concerns the study “Chasing Shadows: A Quantitative Analysis of the Scope and Impact of UN Communications on Human Rights Defenders (2000–2016)” by Janika Spannagel and published by the Global Public Policy Institute. At the bottom of this post there is link to downloading the full report. [see also: https://humanrightsdefenders.blog/2017/12/11/good-introduction-to-the-anniversary-of-the-un-declaration-on-hrds-in-2018/].
Each year, the United Nations Special Rapporteur on human rights defenders receives a large number of submissions regarding individual cases of concern. Only a fraction of these cases are addressed by the rapporteur’s communications procedure. Unlike outgoing communications, incoming cases are not publicly reported or even systematically registered by the UN. Furthermore, the criteria for the selection of cases (beyond basic eligibility) remain largely undefined. The consequences of case selection, whether according to explicitly stated rules or implicitly applied criteria, are quite significant. Currently, only 550 individual cases can be addressed by the mandate each year. [there are tremendous constraints in terms of staff.] Given this reality, the case selection process defines which types of defenders under pressure receive the UN’s attention and legitimization – and which do not. Nobody can determine with certainty how many cases have fallen through the cracks over the 17 years the mandate has been in existence, or who tends to benefit from the UN’s attention and who is often overlooked.
Based on extensive empirical research, this policy paper provides the first systematic analysis of all communications sent out to date. It finds credible indications that outgoing communications have a positive impact, but also demonstrates that there is room for improvement. In particular, a more deliberate prioritization of cases is required to ensure that the mandate can serve its protective purpose more effectively under the constraints of very limited resources.
The policy paper advocates an approach that aims to maximize the potential impact on the individual defender while systematically striving for a balanced documentation of cases. It makes an evidence-based argument for a number of adjustments and offers actionable recommendations to the mandate as well as to the Office of the High Commissioner for Human Rights, to states, and to civil society actors regarding how to enhance the effectiveness of UN efforts to protect threatened human rights defenders around the world.
Among others, the paper recommends that the use of joint special procedures communications should be the exception rather than the rule, that states’ replies to cases should be systematically monitored and the respective data publicly released, and that more concerted international action should be taken with regards to ‘softer’ forms of repression.

Download PDF (679.81 KB)
see also: https://humanrightsdefenders.blog/2017/06/08/news-from-the-hrc34-mandate-of-the-special-rapporteur-on-human-rights-defenders-extended/
http://www.gppi.net/publications/human-rights/article/chasing-shadows/
Posted in books, human rights, Human Rights Council, Human Rights Defenders, OHCHR | 1 Comment »
Tags: Chasing Shadows (Study), communications, Global Public Policy Institute, Human Rights Defenders, international human rights mechanisms, Janika Spannagel, research, study, UN Special Rapporteur on Human Rights Defenders
January 23, 2018
Africa on Line of 23 January 2018 report that human rights defenders NGOs have urged Liberian President Weah to prosecute war crimes.

The Center for Justice and Accountability describes the two phases of Liberia civil war, which caused the killings of an estimated 250,000 people and request that the atrocities are investigated and prosecuted. “A report by Liberia’s Truth and Reconciliation Commission (TRC) released in June 2009 found all sides responsible for serious violations of domestic and international law, including war crimes, crimes against humanity, widespread and systematic rape and sexual slavery, torture, use and recruitment of child soldiers, and mass executions of civilians,” the release said.
“Although the TRC recommended the establishment of an Extraordinary Criminal Tribunal in Liberia to investigate and prosecute perpetrators of serious violations of international criminal and humanitarian law, the only prosecutions to date have been outside of Liberia,” it added. Hassan Bility, Executive Director of Monrovia based Global Justice and Research Project and one of the authors of the open letter said: “Justice must be one of the cardinal points of the President’s new agenda. There must be justice for war crimes, otherwise there will be no lasting peace in Liberia.” Mr. Bility, a former journalist and torture survivor of the civil war, helped initiate the arrests of several Liberian perpetrators in Europe and the U.S. in partnership with the Swiss based NGO, Civitas Maxima.
President Weah, during his inaugural address, assured that his administration would protect human rights and justice for all Liberians: “Today, we Liberians have reached an important milestone in the never-ending journey for freedom, justice, and democracy; a search that has remained central to our history as a nation,” .
Reacting to the speech on Monday, Mr. Bility told FrontPageAfrica the President’s commitment to social justice and human rights would make some difference…“This is an opportunity for him to right many of the things that probably slipped through the safety net of the Ellen administration,” he added.
Recent cases such as the conviction of Jungle Jabbah in Philadelphia and the indictments of other alleged war criminals in Europe and the U.S. have shown that prosecuting war criminals will not reignite the civil war in Liberia, as has often been feared, added Nushin Sarkarati, Senior Staff Attorney at the Center for Justice and Accountability. “It is time to bring these examples of justice home, and make ending impunity in Liberia a priority.”
However, as the the Economist on 4 January 2018 says: Yet there are doubts about the kind of leader Mr Weah will be. Since his election as a senator in 2014, he has rarely attended parliament. Nor has he introduced or co-sponsored any legislation. Mr Weah’s relative lack of education, though, only seems to make him more popular. His supporters see the former slum-dweller as one of them—a champion from their streets. Much will depend on the ministers and advisers with whom he surrounds himself. Liberia needs better roads and schools, more jobs and electricity, and a thousand other things. Presidents, unlike footballers, must aim at multiple goals.
http://www.frontpageafricaonline.com/index.php/news/6709-human-rights-groups-urge-president-weah-to-prosecute-war-crimes
https://www.economist.com/news/middle-east-and-africa/21734008-far-beautiful-game-champion-footballer-george-weah-wins-liberias
Posted in human rights | 1 Comment »
Tags: Center for Justice and Accountability (CJA), Civitas Maxima, crimes against humanity, George Weah, Hassan Bility, ICC, impunity, Liberia, open letter, The Economist, universal jurisdiction
January 23, 2018
Sometimes it hard t believe that media have observed the same meeting. Here the case of the Emirates (UAE) which was the subject of a UPR session on 22 January 2018. The Middle East Eye says that “At UN meeting, rights groups slam UAE for arbitrary detention“, while The National sees that “UAE strategy will advance human rights in Middle East, Gargash tells UN council”.
Portrait of UAE founder Zayd Bin Sultan Nahyan at UAE’s culture exhibition at the Palace of Nations, Geneva (MEE/Amandla Thomas-Johnson)
Amandla Thomas-Johnson reports that Minister of State for Foreign Affairs
Anwar Gargash strongly denied allegations that the country practises arbitrary detention. Gargash, who led a high-level delegation to a peer-review process called the Universal Periodic Review (UPR), which each UN-member state undergoes every five years. “
I would like to affirm that the UAE does not arrest or detain any person arbitrarily,” he said.
“A person is immediately informed of the accusations against them. Everything that takes place is in line with our laws and done with concrete safeguards against arbitrary detention and arrest.”
The remarks from the senior Emirati diplomat starkly contrasted with the opinion of four UN Special Rapporteurs – independent experts mandated to look into human rights violations – who in 2016 called on the UAE to respect the rights of several foreign nationals who were arbitrarily detained. Gargash’s comments came amid a quick-fire session held at the human rights conference room, with over 100 country-delegates given just over a minute each to speak. Rights organisations that took part in the UPR process by submitting documents detailing alleged human rights abuses, had mixed responses to the session;
- Safwa Aissa, Executive Director of the Geneva-based International Centre for Justice and Human Rights, said of the session: “It’s not bad, but we wanted something better, especially from European countries. We had met with many countries beforehand and made them aware of the situation in the countries.”
- Similarly, Julia Legner from Geneva-based Alkarama Foundation said: “It was slightly disappointing. I was expecting harsher criticism, given that it’s a peer review by states. It’s clear that some states will always congratulate the UAE.” “There could have been stronger comments on the total silencing of civil society, the crackdown on freedom of expression, which has reached a limit where there is no human rights defenders operating from within the UAE.” Responding to Gargash’s claim that arbitrary detention is not practised, she said: “We beg to differ and we have evidence.”
- Toby Cadman, an international human rights barrister, said that while the UPR is “an important process,” it often has “the appearance of the Eurovision Song Contest of International Justice whereby friendly States, regional, diplomatic and trade partners pat each other on the back rather than offer constructive criticism and call for change”. “The UAE UPR was indicative of that approach today. There is a real need for fundamental reform in the UAE criminal justice and penal system.”
David Haigh, who is bringing a legal case against UAE authorities for his arbitrary arrest and torture, criticised Gargash’s comments as untruthful. “I was arbitrarily detained for 15 months before I was charged. In the judgments against me one of the UAE courts confirmed that I had complained of arbitrary detention,” Haigh told MEE after the session. “Of course there is arbitrary detention.” Haigh, who has now established a foundation and law firm to assist others who suffer injustice in the UAE, said arbitrary detention happens “time and time again”.

Damien McElroy, for the National reports mostly on what the UAE Minister of State for Foreign Affairs Anwar Gargash said:
Advancing human rights is a critical factor in ensuring stable societies and promoting development, ..The Minister of State for Foreign Affairs said that as a model nation for youth in the region, the UAE had sought to strengthen human rights and legal safeguards within the review framework overseen by the UN High Commissioner for Human Rights….In the context of a region where extremism creates division and polarisation, Mr Gargash said advancing human rights was a “powerful antidote” to pernicious forces.
“The promotion of tolerance and the rejection of extremism is fundamental to the advancement of human rights in the UAE and the wider region,” he told a packed chamber at the Palais des Nations. “Piece by piece, we have developed a comprehensive strategy to advance the cause of human rights in the UAE.” The UAE will establish a national human rights institution in line with the Paris Principles and guidance of the reporting process before the end of the year, he said. In responses to contributions from the floor, Dr Gargash said the country would also study joining additional protocols and extending invitations to special rapporteurs…
In response to allegations based on reporting about pre-trial detention, Dr Gargash said there was no detention without an arrest warrant…“The UAE is a bastion of stability where people from about 200 nationalities live peacefully in social and religious harmony. We are committed to finding the right balance between protecting our legitimate need for security and preserving our reputation as an open society.”….
He also pointed to the UAE’s role as the world’s largest donor of official development assistance as a proportion of its national income….
In its submission, the Office of the High Commissioner for Human Rights recognised considerable developments in the UAE in the past four years. “UAE’s efforts in combating trafficking are marked as a good example,” the office said. “This included the Adoption of Federal Act Law No 1 of 2015, which provides protection for victims of trafficking, and the 2012 and 2015 Amendments of Federal Law No 51 of 2006 on combating trafficking.” It also hailed the progress in raising the status of women. “The National Strategy for Empowerment of Emirati Women in the UAE for 2015-2021 … provides a framework for government, private sector and civil society organisations to establish work plans to increase women’s presence and empowerment mainly in the economic sector in the UAE.”

Anwar Gargash, UAE minister of state for foreign affairs, tours Michael Møller, Director-General of the UN Office at Geneva, around UAE culture exhibition (MEE/Amandla Thomas-Johnson)
Cultural diplomacy: Earlier in the day, Gargash had been the focus of attention as he hosted the director-general of the UN in Geneva, Michael Moller, around a new cultural exhibition the UAE had officially opened minutes before the human rights session began a floor above. Spread over two floors and including mock Bedouin tents and a photo exhibit, women took centre-stage at the UAE’s latest efforts at cultural diplomacy, with a troop of women clad in sequined abayas performing a fashion show for onlookers. But The Middle East Eye said that “UAE’s efforts at cultural diplomacy came under fire by Julia Legner, at Alkarama”: “It’s part of the propaganda machine of the UAE, trying to portray an image of culture and tolerance and inclusion and progress. They’re using it as a chance to cover up the dark side.”
For my earlier posts on the UAE, see: https://humanrightsdefenders.blog/tag/uae/
http://www.middleeasteye.net/news/un-meeting-uae-heavily-criticised-rights-groups-arbitrary-detention-888227605
https://www.thenational.ae/world/gcc/uae-strategy-will-advance-human-rights-in-middle-east-gargash-tells-un-council-1.697809
Posted in human rights, Human Rights Council, Human Rights Defenders | 1 Comment »
Tags: Alkarama, Anwar Gargash, arbitrary arrest, Centre for Justice and Human Rights, David Haigh, Emirates, Middle East Eye, The National (UAE), Toby Cadman, UAE, UPR
January 19, 2018
In its annual report on the state of human rights around the world for 2017, Human Rights Watch (HRW) said growing intolerance in states like the US represented “an enormous threat” to minority groups in those countries. Donald Trump‘s public admiration for strongman leaders and breaking of “taboos against racism and xenophobia” have encouraged oppression around the world.
Its executive director, Kenneth Roth, struck out at the US President who he said “displays a disturbing fondness for rights-trampling strongmen”. He cited Russian President Vladimir Putin and Rodrigo Duterte, of the Philippines, as examples, saying: “This makes it much more difficult to stigmatise these authoritarian leaders when Trump says these are great guys.”
Mr Roth added in a post accompanying HRW’s 2018 world report that in the past year, ”Secretary of State Rex Tillerson largely rejected the promotion of human rights as an element of US foreign policy while more broadly reducing the role of the US abroad by presiding over an unprecedented dismantling of the State Department.” “He refused to fill many senior posts, dismissed several veteran diplomats, slashed the budget, and let the department drift. Many career diplomats and mid-level officials resigned in despair,” .
The report urges democratic governments to address the problems that allowed populism to prosper in 2017, such as income inequality, fears of terrorism and growing migration. HRW hailed Emmanuel Macron’s victory in France’s elections as a “turning point”, saying he had “openly embraced democratic principles” on his way to defeating the far-right Marine Le Pen. HRW also criticised the “hesitancy” of the EU to intervene in specific cases of rights abuse: “President Recep Tayyip Erdoğan decimated Turkey’s democratic system as the EU focused largely instead on enlisting his help to stem the flight of refugees to Europe and security cooperation. “President Abdel Fattah al-Sisi crushed public dissent in Egypt with little interference from the US or the EU, which accepted his claim that he was providing stability.”
In the USA, HRW’s report said, “civic groups, journalists, lawyers, judges, many members of the public, and sometimes even elected members of Trump’s own party” had reacted against what it called the President’s “regressive” outlook.
(The Trump administration did make interventions in support of human rights in a limited number of countries such as Iran and Cambodia.)
Helas, the HRW report confirms what many feared earlier in 2017, see e.g.: https://humanrightsdefenders.blog/2017/02/24/2017-10-need-to-reset-for-human-rights-movement/.
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http://www.independent.co.uk/news/world/donald-trump-human-rights-watch-world-report-hrw-oppression-encourage-news-media-a8165381.html
http://fp-reg.onecount.net/onecount/redirects/index.php?action=get-tokens&js=1&sid=b8ofn3rfd1a65vca5imc12g270&return=http%3A%2F%2Fforeignpolicy.com%2F2018%2F01%2F18%2Fhow-to-stand-up-for-human-rights-in-the-age-of-trump%2F
Posted in books, HRW, human rights, Human Rights Defenders | 5 Comments »
Tags: annual report 2017, EU, Foreign Policy of the USA, Human Rights Watch, international human rights, Kenneth Roth, populism, Trump
January 17, 2018
Protection International announced its next e-learning course starting on 19 February 2018. There are limited places available and the deadline for registration is 26 January 2018(contact: e-learning@protectioninternational.org). 
The topic is: SECURITY AND PROTECTION MANAGEMENT FOR HUMAN RIGHTS DEFENDERS AND SOCIAL ORGANISATIONS
The course will help human rights defenders to:
- Acquire tools and skills to assess risks and improve their security and protection
- Contribute to the security and protection of those whose rights HRDs are defending
- To improve HRDs security and protection strategies when protecting human rights defenders
The training is done by human rights protection experts with extensive experience. 3. 5 hours per week (60 hours over 12 weeks). Tailored feedback on assignments given as well as direct tutorship.
For last year’s: https://humanrightsdefenders.blog/2016/04/09/on-line-training-course-for-better-protection-of-human-rights-defenders/
Posted in human rights, Human Rights Defenders | 1 Comment »
Tags: announcement, e-learning, Human Rights Defenders, internet, NGO 'Protection International, PI, protection, security, training course
January 17, 2018

Then-incumbent Gambian President Yahya Jammeh arrives escorted by his bodyguards for an electoral rally on November 24, 2016. MARCO LONGARI/AFP/GETTY
Ousman Sonko, a former interior minister of Gambia suspected of human rights abuses who was arrested in January 2017, will have to remain in Swiss detention, the Swiss Federal Tribunal has ruled. Switzerland’s highest court has rejected an appeal by Sonko’s lawyers against a second prolongation of his detention. The Federal Tribunal said in a decision published in December that Sonko was still under urgent suspicion. As in a previous judgement on an appeal by Sonko, judges said they based their decision on independent reports by United Nations special observers on Gambia. These observers had not yet been questioned by the Office of the Attorney General (OAG) and the OAG also needed to go through files obtained from Gambia during the mutual assistance procedure, the latest judgement said. Trial International, an international justice organisation, accused Sonko of having personally taken part in what it described as torture between 2006 and 2016. Sonko served under ousted Gambian leader Yahya Jammeh. “As the head of detention centers, Sonko could not have ignored the large-scale torture that political opponents, journalists and human rights defenders suffered there,” said Benedict de Moerloose of TRIAL in a statement in 2017.
Barrow, the new President, had stated that he plans to install a truth and reconciliation commissionin the country in order to take account of alleged abuses under Jammeh, before deciding whether to attempt to prosecute the former president. In May 2017 in the wake of the launch of its global ‘brave’ campaign”, the Regional Director for West and Central Africa of AI, Alioune Tine, had called for justice for United Democratic Party (UDP) activist Ebrima Solo Sandeng, and for all victims of the Jammeh regime. “There must be justice for Ebrima Solo Sandeng and for all victims,” Alioune Tine told Freedom Newspaper. Alioune Tine said that, during his meeting with President Adama Barrow, he received assurances from the Gambian leader that there would be ‘zero tolerance’ for human rights abuses.
See also: https://humanrightsdefenders.blog/2014/05/10/indian-star-celina-jaitly-shows-erykah-badu-the-way/
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https://www.swissinfo.ch/eng/ousman-sonko_gambian-ex-interior-minister-to-remain-in-custody/43758596
http://www.newsweek.com/adama-barrow-yahya-jammeh-exile-gambia-547615
http://www.newsweek.com/gambia-yahya-jammehs-ex-minister-detained-switzerland-crimes-against-humanity-549075
https://freedomnewspaper.com/2017/05/19/gambia-alioune-tine-calls-for-justice-for-solo-sandeng-as-amnesty-launches-new-gobal-campaign/
Posted in AI, human rights, Human Rights Defenders | 1 Comment »
Tags: AI, Alioune Tine, Brave campaign, Ebrima Solo Sandeng, Gambia, impunity, Ousman Sonko, Switzerland, torture, Trial, universal jurisdiction, Yahya Jammeh
January 5, 2018

International Commission of Jurists urges Singapore to stop harassment of human rights defender Jolovan Wham
The International Commission of Jurists (ICJ) does not often issue press statements on individual human rights defenders, so when it does (like here on 13 December 2017) we better pay attention: It urged the Government of Singapore to end the harassment of human rights defender Jolovan Wham and to amend laws used to restrict his work and the work of other human rights defenders.
Jolovan Wham is a well-known human rights defender in Singapore who previously worked for a group that advocates for the rights of migrant workers and plays a leading role against the death penalty and the promotion of freedom of expression. “These charges are not only an impermissible attack on Jolovan Wham individually, but human rights work more generally in Singapore,” said Sam Zarifi, Secretary General of ICJ. “It is an unmistakable message to other human rights defenders that they may face the same harassment and intimidation if they continue their work.”
Jolovan Wham was charged in connection with facilitating a Skype conference with Hong Kong human rights defender, Joshua Wong Chi-Fung, on “civil disobedience and democracy in social change”. Other charges relate to his organizing peaceful public assemblies, allegedly without permits, to protest the death penalty and to commemorate the day when 16 individuals were arrested by Singapore authorities in 1987 and detained without trial under the country’s Internal Security Act (ISA). He was also charged for refusing to sign statements prepared by police authorities when he was taken in for investigation on 28 November 2017.
Most of the charges against Jolovan Wham were for alleged violations of Section 7 of the Public Order Act, which makes an offence the holding of a public assembly or public procession without a permit. The ICJ considers that aspects of Section 7, particularly as applied to the charges against Jolovan Wham, may serve to impermissibly restrict the exercise of the right to freedom of peaceful assembly in Singapore, which is protected under international standards.
“Singapore should immediately act to amend the Public Order Act with a view to ensuring that it is consistent with international human rights law and standards, particularly as they relate to the exercise freedoms of expression and assembly,” Zarifi said.
See also my earlier: https://humanrightsdefenders.blog/2016/02/05/teo-soh-lung-human-rights-defender-from-singapore/
https://www.theonlinecitizen.com/2017/12/13/international-commission-of-jurists-urges-singapore-to-stop-harassment-of-human-rights-defender-jolovan-wham/
https://asiancorrespondent.com/2017/12/singapore-human-rights-watch-repression/#CZ3VvbvQq6iQymK5.97
https://www.forum-asia.org/?p=25288
Posted in human rights, Human Rights Defenders, ICJ | 1 Comment »
Tags: Forum Asia, freedom of expression, Human rights defender, human rights lawyer, ICJ, International Commission of Jurists, Jolovan Wham, Public Order Act (Singapore), Sam Zarifi, Singapore