Archive for the 'human rights' Category

UN Rapporteur calls on Hungary to not stigmatize human rights defenders

February 16, 2016

Human rights defenders in Hungary are increasingly working in a rather https://thoolen.wordpress.com/2015/12/23/attila-mraz-human-rights-defenders-in-hungary-have-their-work-cut-out/ and politicized environment,” said Michel Forst, the UN special rapporteur on the situation of human rights defenders, at the end of his first visit to the country, according to the press release of the UN. Forst also criticized attempts to de-legitimize defenders and undermine their peaceful and legitimate activities through criminal defamation and excessive administrative and financial pressure, the press release added.

In the context of the refugee crisis and the excessively manipulated fear of the ‘other’ in society, defenders face public criticism by government officials, stigmatization in the media, unwarranted inspections and reduction of state funding,” the special rapporteur noted.

The drastic constitutional changes in Hungary have resulted in the weakened constitutional court and the centralization and tightening of government control over the judiciary, the media, religious organizations and other spheres of public life, directly or indirectly affecting human rights,” the press release cited him as saying in connection with Hungary.

During his nine-day visit, at the invitation of the Hungarian government, the expert met with state officials, members of the judiciary, the parliament, ombudsman as well as human rights defenders, representatives of civil society and the diplomatic community. Forst heard specific testimonies that defenders who criticize the Government or raise human rights concerns are quickly intimidated and portrayed as ‘political’ or ‘foreign agents’, according to the press release.

See also https://thoolen.wordpress.com/2015/12/23/attila-mraz-human-rights-defenders-in-hungary-have-their-work-cut-out/

Source: UN calls on Hungary to not stigmatize human rights defenders | The Budapest Business Journal on the web | bbj.hu

Wai Wai Nu: Profile of a Human rights defender from Myanmar/Burma

February 15, 2016

If you threaten human rights defenders, you break the eyes, mouths, legs, and arms of the people’, said the Wai Wai Nu, Director of Women Peace Network Arakan in Myanmar/Burma.

Ms Wai Wai Nu is a Burmese human rights defender committed to working for peace and justice in her country. She is the Director the Women Peace Network Arakan, which she founded in 2012 upon her and her family’s release from prison after seven years of detention.  ‘When I was released, I saw some positive changes in cities but not in rural areas:  not in areas where ethnic minorities lived.  It was then I took responsibility to work for my people’.

The Women Peace Network Arakan carries out civic education and works for the empowerment of women and young people. The Network also encourages interfaith dialogue to build much-needed trust between religious communities. Ms Nu – herself a member of the Rohinga Muslim community – is vocal about the rights of minorities  in Burma. She stresses that the notion of democracy needs to be understood beyond a strict notion of parliamentary democracy where the majority rules. Upholding the rights of the many minority communities in the country requires commitment to democratic processes that respect and protect rights, including land rights.

There are so many human rights violations occurring in Burma – from land grabbing, and sexual violence in conflict areas, to media restrictions, and attacks against human rights defenders. We work with young people, who tend to be open-minded, encouraging them to engage with the spirit of democracy, to work for the promotion of justice and human rights for all’.

Ms Nu is also co-founder of ‘Justice for Women’, which works to promote women’s rights, raises awareness about sexual harassment and discrimination and provides basic legal education.

With the political reforms in Burma since 2011, opportunities for human rights defenders to operate in the country have opened up. However, the environment for defending rights remains restricted and attacks against defenders numerous.  The changing political landscape has seen a rapid increase in foreign companies operating in the country and with it  reported threats against HRDs working in the field of economic, social, and cultural rights. Human rights defenders have experienced arbitrary arrest and former detainees report the fear of re-arrest.

We have to be very careful. Defenders feel they are being watched.  I make sure I speak in terms of the international human rights legal framework, and don’t directly confront the government. I adopt a very diplomatic approach’.

The protection of human rights defenders remains a crucial component of securing the respect of rights in Burma. Ms Nu is clear that when human rights defenders are threatened, there is no protection of the population as a whole, and there can be no progress towards a truly democratic country or economic development. The UN has focused specific attention on Myanmar through the work of the Special Advisor of the Secretary General and the Special Rapporteur on Myanmar. There are also several UN bodies working in the country.

This comes from an interview with ISHR on 10 November 2014.   

Source: Wai Wai Nu: Human rights defender from Burma | ISHR

Egypt: doctors protest police brutality but no human rights defenders can come and tell about it

February 15, 2016

While human rights organizations and the media around the world were remembering Egypt‘s Tahrir Square [https://thoolen.wordpress.com/2016/01/28/five-years-after-tahrir-square-there-is-stability-in-egypt-but-do-not-ask-at-what-price/] the space for demonstrations in Egypt itself was minimal. But a huge exception was made on 13 February 2016 when some 10.000 people gathered at noon in front of the Doctors Syndicate in Cairo. Heartening to see that the doctors have the courage to take up the case against police brutality. But you are unlikely to hear about this from an Egyptian human rights defender in person as they are systematically banned from traveling. Read the rest of this entry »

Violence in the occupied territories keeps HRDs busy

February 13, 2016

Israel has used excessive force against Palestinians, Makarim Wibisono, the outgoing UN Special Rapporteur on Human Rights in Gaza and the West Bank said, calling for an investigation. He demanded that all Palestinian prisoners, including children, be charged or released. “The upsurge in violence is a grim reminder of the unsustainable human rights situation in the Occupied Palestinian Territory and the volatile environment it engenders”.  Makarim Wibisono has announced he is resigning in protest at the Israeli government’s response to his concerns (his term would have expired on 31 March). The special investigator quoted statistics by the Israeli human rights group B’Tselem, which say that about 5,680 Palestinians, including children, were detained by Israel as of the end of October 2015. Detaining these people “often under secret evidence, and for up to six-month terms that can be renewed indefinitely, is not consistent with international human rights standards,” Wibisono said, adding that the Israeli government “should promptly charge or release all administrative detainees.” Israeli Foreign Ministry spokesman Emmanuel Nahshon branded Wibisono’s report as biased. “The report reflects the one-sidedness of the mandate and its flagrant anti-Israel bias. It is this one-sidedness which has made the rapporteur’s mission impossible to fulfill, hence his resignation,” he said.

Front Line reports that on 3 February 2016, human rights defender Mr Awni Abu Shamsiyya, son of human rights defender Mr Emad Abu Shamsiyya, was arrested alongside youth activist Mr Nizar Silhab Al-tamimi. The arrest took place after a raid on the Shamsiyya family home in Tel-Rumeida, Hebron. Awni Abu Shamsiyya and Nizar Silhab Al-tamimi were accused of throwing a Molotov cocktail at Israeli soldiers and of posting inflammatory statements on Facebook. [Awni Abu Shamsiyya is a 16 year old, known for his participation in the Palestinian non-violent popular resistance movement in Hebron. He is also an active member of the Human Rights Defenders Group, a non-partisan group that aims to document and expose violations of international law and injustice against families in areas of conflict under Israeli occupation. His father, Emad Abu Shamsiyya, is a long-standing activist in Palestine and volunteer at B’Tselem, the Israeli Information Center for Human Rights in the Occupied Territories, where he is involved in documenting the occupation of Tel-Rumeida. He is also a deputy coordinator of the Human Rights Defenders Group.In May 2015, Emad Abu Shamsiyya’s family home was subjected to an attempted arson attack by settlers in the middle of the night. In March 2015, a group of soldiers invaded  his family home, searched the house and confiscated the family’s computer hard disk and a memory card containing footage filmed by  B’Tselem volunteers. Frontline NEWlogo-2 full version - croppedhttp://www.btselem.org/hebron/20150402_night_search_and_confiscation]

On 4 February 2016, Awni Abu Shamsiyya and Nizar Silhab Al-tamimi were interrogated by Israeli police and intelligence services before being brought before the military court of Ofer, where the accusations against the young activists of throwing a Molotov cocktail at Israeli soldiers and posting inflammatory statements on social media were presented, and a fine of appr €460 was requested by the military prosecutor. The court ordered Awni Abu Shamsiyya’s release after holding that the accusations against him had not been proven, however, the trial of Nizar Silhab Al-tamimi was postponed to 7 February 2016 after it was claimed by the military prosecutor that his confession had been obtained.

 

As an illustration of the context in which the violence and arrests occur see the report of Tuesday, 9 February 2016, by the International Solidarity Movement, al-Khalil team (Hebron), which published graphic pictures of Israeli forces patrolling the Palestinian market in occupied al-Khalil (Hebron), harassing and intimidating residents.

Israeli forces ontheir patrol through the Palestinian market

Israeli forces on their patrol through the Palestinian market

Any male adult or youth was stopped on their way to work and forced by the Israeli soldiers to lift up their shirts and trouser-pants, as well as throw their IDs on the ground. After throwing their IDs on the ground Israeli soldiers ordered the men to move back, so they could pick up the IDs from a ‘safe distance’. Most Palestinians were dismissed after this humiliating procedure, whereas some of them were detained for minutes or violently body-searched.

 

 

 

 

 

 

Also interesting to note here the protest by Palestinian human rights defenders who are condemning the killing by Hamas of one of the resistance organization’s own members in Gaza. On Sunday, the Qassam Brigades, the military wing of Hamas, announced it had executed Mahmoud Rushdi Ishteiwi. Qassam said that the slaying of Ishteiwi implemented a death sentence issued by “the military and Sharia judiciaries of Qassam Brigades for behavioral and moral excesses that he confessed.”

Killing Ishteiwi in such a way constitutes an assault on the rule of law and might institutionalize a serious case of extrajudicial execution,” said the Palestinian Centre for Human Rights (PCHR). “Prosecuting collaborators with the Israeli forces is necessary, and the Palestinian armed groups play an important role in such prosecution,” PCHR stated. “However, only official authorities should open investigations and hold the perpetrators to account.” Following news of Mahmoud Ishteiwi’s execution, Buthaina Ishteiwi told the Wattan news outlet that she believed her brother had been killed due to a dispute with his superiors.

[Under the laws of the Palestinian Authority, death sentences issued by courts can only be carried out after ratification by the PA president. The West Bank-based PA leader Mahmoud Abbas has not ratified any death sentences in a decade. Hamas has however continued the use of the death penalty in Gaza. According to PCHR, a total of 172 death sentences have been issued since the PA was established in 1994, of which 30 were in the West Bank and 142 in Gaza. Eighty-four death sentences were issued since Hamas took over in Gaza in 2007. But however serious the threat from informants, Palestinian human rights defenders have been adamant that even wartime collaboration must be dealt with according to the rule of law. Both PCHR and Al Mezan have moreover long advocated the total abolition of the death penalty in all cases. In a short film entitled “Against the Death Penalty” and released in December, PCHR highlights its campaign to end the practice once and for all.]

https://www.rt.com/news/332245-israel-excessive-force-palestine/

Source: Palestinian human rights defenders condemn execution by Hamas | The Electronic Intifada

http://palsolidarity.org/2016/02/intimidating-military-patrol-of-palestinian-market/

Cao Shunli – a profile and new award in her name

February 12, 2016

On 7 February 2016, Big News Network carried a profile of Cao Shunli, the Chinese human rights defender who died in custody on 14 March 2014. It starts with a beautiful quote of Cao Shunli (in an article on the China Change website on The Life and Death of Cao Shunli: “I was so saddened. I thought: you [China] are such a big government, but you do this to one individual. I don’t understand it.”

I have blogged enough on Cao Shunli [https://thoolen.wordpress.com/tag/cao-shunli/] skip her life story here but the profile is worth reading for those who want to know more about this remarkable woman.  Cao was a final nominee for the Martin Ennals Award 2014, for which True Heroes Films (THF) produced a moving video about her work that includes footage of the Chinese quashing of the motion of silence at the UN. [see: http://www.martinennalsaward.org/index.php?option=com_content&view=article&id=248&Itemid=161&lang=en]

Cao-Shunli-644x362

 

 

 

 

 

 

The article does not refer to the establishment of the annual Cao Shunli Memorial Award for Human Rights Defenders. On 9 March 2015 Three rights groups launched the award in honor of  Cao Shunli: Human Rights Campaign in China, Civil Rights & Livelihood Watch, and Rights Defense Network. The award is handed out on March 14, to mark the day Cao Shunli passed away. The recipient will be awarded funding to conduct human rights initiatives, especially “to push for civil society participation in international human rights activities” and to monitor the Chinese government’s implementation of its human rights obligations. In a joint announcement, the three NGOs said that the award will “commemorate Ms. Cao Shunli, so her life’s story will inspire generations to come.Read the rest of this entry »

Human Rights Lawyers Disqualified to run for Iran’s Bar Association

February 11, 2016

Not the most egregious of violations but showing how deep the ruling powers’ reach in Iran is: more than two dozen prominent lawyers, including well-known human rights defenders, have been disqualified (again) from running in next month’s election for the Iranian Bar Association’s board of directors. Judge Hosseinali Nayeri, the head of the Supreme Disciplinary Court for Judges, issued a statement on 2 February  2016 rejecting 25 of the 141 candidacy applications, according to Kaleme, an opposition website.

The disqualified include human rights lawyers Farideh Gheirat, Mohammad Saleh Nikbakht, Abdolsamad Khorramshahi, Ramazan Haji Mashhadi, and former Tehran University law professor, Ghasem Sholeh Sadi. The bar association has only published the names of the approved candidates on its website.

Sholeh Sadi, told the NGO ‘International Campaign for Human Rights in Iran’ that the bar association should operate as an independent body and elections for its board of directors should be conducted without the interference of the judicial system. “Governments want to limit the lawyers’ activities and try to control them,” said the former Member of Parliament who has served time as a political prisoner in Iran.

The independence of lawyers as well as the Iranian Bar Association have been seriously undermined since the passage of a law in 1997 that imposed several limits and controls on the process for testing and licensing new lawyers. In February 2014, some 200 lawyers wrote an open letter to President Hassan Rouhani expressing concern about the Judiciary’s attempts to curb their autonomy. They accused the Judiciary of trying to destroy the independence of the legal profession “established by Prime Minister Mohammad Mossadegh more than 70 years ago.” The Head of the Iranian Judiciary, Sadegh Larijani, denied the charges, claiming that the Judiciary’s supervision over lawyers would not curtail their independence.

For older posts on Iran: https://thoolen.wordpress.com/tag/iran/

Source: Prominent Lawyers Disqualified from Iran’s Bar Association Election

 

UN Rapporteurs urge Ethiopia to end violent crackdown and impunity

February 10, 2016

On 21 January 2016 a group of United Nations Rapporteurs (Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association; David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Michel Forst, Special Rapporteur on the situation of human rights defenders; Christof Heyns, Special Rapporteur on extrajudicial, summary or arbitrary executions; and the Working Group on Enforced or Involuntary Disappearances) called on the Ethiopian authorities to end the ongoing crackdown on peaceful protests by the country’s security forces, who have reportedly killed more than 140 demonstrators and arrested scores more in the past nine weeks. “The sheer number of people killed and arrested suggests that the Government of Ethiopia views the citizens as a hindrance, rather than a partner,” the independent experts said, while also expressing deep concern about allegations of enforced disappearances of several protesters.

The current wave of protests began in mid-November, in opposition to the Government’s ‘Addis Ababa Integrated Development Master Plan’ to expand the capital’s municipal boundary. The ‘Master Plan’ could reportedly lead to mass evictions and the seizure of agricultural land in the Oromia region, as well as extensive deforestation. The UN experts welcomed the Government’s announcement on 12 January 2016 suspending the implementation of the ‘Master Plan’, but were concerned about continuous reports of killings, mass arrests, excessive use of force and other abuses by security forces. “The Government’s decision is a positive development, but it cannot be seen as a sincere commitment until the security forces stop their crackdown on peaceful protests,” they said. “The role of security forces should be to protect demonstrators and to facilitate peaceful assemblies, not suppress them.”

We call on the Government to immediately release protesters who seem to have been arrested for exercising their rights to freedom of peaceful assembly and expression, to reveal the whereabouts of those reportedly disappeared and to carry out an independent, transparent investigation into the security forces’ response to the protests,” the experts said.  “Impunity, on the other hand, only perpetuates distrust, violence and more oppression.

The UN independent experts also expressed grave concern over the Ethiopian Government’s application of the Anti-Terrorism Proclamation 652/2009 to arrest and prosecute protesters, labelling them as ‘terrorists’ without substantiated evidence. This law authorises the use of unrestrained force against suspects and pre-trial detention of up to four months. “Ethiopia’s use of terrorism laws to criminalize peaceful dissent is a disturbing trend, not limited to the current wave of protests,” they experts noted. “The wanton labelling of peaceful activists as terrorists is not only a violation of international human rights law, it also contributes to an erosion of confidence in Ethiopia’s ability to fight real terrorism. This ultimately makes our world a more dangerous place.”

How the law was used recently is clear from the case of the “Zone 9” bloggers. Fortunately, on 16 October 2015 Front Line was able to report that all “Zone 9” bloggers were cleared of terrorism charges by the Federal Court in Addis Ababa. All bloggers and journalists whose terrorism charges have been dropped are members of the “Zone 9” and prominent social media activists. With the exception of Soliana Shimelis, the other human rights defenders, namely Mss Mahlet Fantahun and Edom Kassaye and Messrs Natnael Feleke, Befekadu Hailu, Atnaf Birhane, Zelalem Kibret, Abel Wabela, Tesfalem Weldyes and Asmamaw Haile Giorgis, were arrested on 25 and 26 April 2014 and remained in detention for over a year before being freed.  The human rights defenders’ lawyer stated that “all the evidence presented was very weak to prove they were planning any kind of terrorism”. However, charges of inciting violence remain pending against Befekadu Hailu, who might face a ten-year imprisonment sentence if convicted. See: https://www.frontlinedefenders.org/node/29137

On Ethiopia: https://thoolen.wordpress.com/2015/02/14/suffocating-dissent-in-ethiopia-counterpunch-tells-the-facts-and-names-the-names/

http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=16977&LangID=E

Foreign agent law in Russia keeps widening its net

February 9, 2016

Only a few days ago I referred to the widening impact of the ‘foreign agent’ law in Russia [https://thoolen.wordpress.com/2016/02/04/russian-foreign-agents-law-starts-to-affect-monitoring-in-detention-centers/]. Now it seems that even organizations that do NOT accept foreign funding, may actually fall under it.

Frontline NEWlogos-1 condensed version - cropped

reports that on 28 January 2016, the Orenburg regional department of the Ministry of Justice accused the Committee for Prevention of Torture (CPT) and its chairman Mr Igor Kalyapin of violating the ‘Foreign Agents’ law. Read the rest of this entry »

UN Committee on NGOs denies NGO the right to speak

February 8, 2016

In a post last year I referred already to the fears that the NGO Committee of the UN was becoming very NGO-unfriendly [ https://thoolen.wordpress.com/2015/06/07/uns-ngo-committee-seems-not-very-fond-of-ngos/]. Now the ISHR has reported on another case where this UN committee has shown its lack of fair play by refusing let a NGO apply without even wanting to hear the NGO in question. On 1 February 2016 the International Service for Human Rights informed us that the NGO Committee had voted to close the application of the Khmers Kampuchea Krom Foundation (KKF) denying the NGO the opportunity to apply for consultative status.  This came on the back of the Committee’s decision on Thursday to deny the NGO the opportunity to even speak in support of its own application. Only 3 Committee members voted against closure of the application  – Greece, Israel and the US- with Uruguay abstaining. All other Committee members voted in favour.  Vietnam – the State that has consistently objected to the application by the KKF – congratulated the Committee on its decision and its ability – as it described it – to distinguish between ‘genuine’ NGOs and others.

‘The NGO Committee is known for denying NGOs access to the UN through the practice of multiple deferrals of applications.  However, the Committee has hit a new low in denying an NGO the opportunity even to apply for access,’ said ISHR’s Eleanor Openshaw.  ‘Furthermore, it allowed accusations to be made against the NGO during its own session, without allowing the NGO to respond. The NGO Committee has allowed an NGO to be stigmatised and then silenced.  ECOSOC must reverse the decision of its Committee on this case at its next session in April.’

 

The request by Cuba, Nicaragua and Venezuela to close KKF’s new application was challenged by the US who called the move premature, as the NGO’s application had only been considered once by the Committee. It was agreed the NGO Committee would vote on the application on Friday morning. The members of the Committee then voted on the Chair’s proposal to allow the NGO to speak at the regular Q&A held at the end of each day the NGO Committee sits. Greece, Israel, US and Uruguay voted in favour of allowing the organisation the right to speak. Russia abstained. All other members of the Committee – Azerbaijan, Burundi, China, Cuba, Guinea, India, Iran, Mauritania, Nicaragua, Pakistan, South Africa, Sudan, Turkey, Venezuela – all voted against, except Guinea who was absent.

The US noted that it was essential that the KKF be allowed to speak as this had to date been a one-sided discussion based on Vietnam’s original protest against the NGO. The US noted that ‘a serious allegation of misconduct’ was made against the NGO and the Committee was denying the NGO a chance to respond. They characterised the vote as one between freedom of speech and silencing debate. Committee member Greece rightly noted that one thing is to object to an NGO and another is to silence them’.

Not only has the reputation of the organisation been seriously questioned, but a dangerous precedent set where an UN Committee silences an NGO seeking to engage with the UN. This is plainly incompatible with the rights to freedom of expression and association,’ Ms Openshaw said. ISHR’s view in this regard is strongly supported by the UN’s own expert on freedom of association and assembly, Maina Kiai, who in a report in 2014 said that multilateral institutions have a legal obligation to ensure that people ‘can exercise their rights to freedom of peaceful assembly and of association in multilateral arena’. In that same report, the Special Rapporteur was particularly critical of the conduct of States on the UN’s Committee on NGOs, resulting in the systematic exclusion of NGOs working on human rights issues. ‘States sitting on the Committee should champion the right to freedom of association and the right to freedom of peaceful assembly,’ said Mr Kiai in his report.ISHR-logo-colour-high

see also: https://thoolen.wordpress.com/2015/05/04/jean-daniel-vigny-hopes-to-improve-ngo-participation-at-the-un/

Source: UN Committee on NGOs: Don’t deny NGO the right to speak | ISHR

What is Burundi doing in the UN Human Rights Council?

February 8, 2016

Burundi is still one of the basket cases in Africa and since my lats post nothing has improved [https://thoolen.wordpress.com/2015/11/10/burundi-what-more-early-warning-does-one-need/].  The Special Session of the Human Rights Council in December 2015 mandated the High Commissioner for Human Rights to put together an expert mission to Burundi, to investigate abuses and make recommendations to the Council and the Burundian government on ways of ending serious human rights violations. But the follow-up is below par: Read the rest of this entry »