Archive for the 'human rights' Category

‘Risk and Protection’ – continuing research work for HRDs

May 11, 2015

On Tuesday the 5th May CAHR [Centre for Applied Human Rights at the University of York, UK] hosted a one-day workshop on Risk and Protection.

Protection and HRDs panel

from left to right, Jamshid Gaziyev (Office of the UN Special Rapporteur on HRDs); James Savage (Amnesty International UK); Andrew Anderson (Frontline Defenders); and Alice Nah (CAHR).

The workshop examined the lessons, synergies and tensions that emerge when considering the approaches to protection that have been taken by human rights, development and humanitarian actors. The workshop sought to address how actors from adjacent fields could work together, and learn from each other, to build safe and enabling environments for HRDs and broader communities at-risk.

The workshop brought together practitioners, academics and donors from across fields. Speakers included representatives from the office of the Special Rapporteur on Human Rights Defenders, Amnesty International, Frontline, Global Witness, the Business and Human Rights Resource Centre and the Overseas Development Institute (Humanitarian Policy Group). It was supported by a grant from the Open Society Foundations Human Rights Initiative. The learnings for the workshop will be written up as an article and will feed into CAHR’s ongoing work on HRDs.

via HRD protection workshop 2015 – Centre for Applied Human Rights, The University of York.

The case for ‘smart sanctions’ against individual perpetrators

May 8, 2015

On 5 May Daniel Calingaert, Executive vice president of Freedom House, contributed an interesting piece to The Hill, in which he argues in favor of ‘targeted sanctions’ against leading individuals who have committed serious human rights violations or engaged in corruption. “Holding torturers and kleptocrats to account” certainly makes some excellent points including the realistic one that countries should be “strong and confident enough both to cooperate with authoritarian governments where prudent and to still hold their human rights abusers and corrupt officials to account“.

 Here the piece in full:

“On May 5, the European Union’s Court of Justice will hear a complaint by the head of Iran’s state broadcaster, Mohammad Sarafraz, and the news director of its English-language channel, Hamid Reza Emadi. The EU imposed a travel ban and asset freeze on them because they broadcast forced confessions by tortured or mistreated political prisoners. Sarafraz and Emadi want the restrictions lifted. But even if they lose their case, they can park their money in the United States, because they aren’t on a U.S. sanctions list.

Their case shows that sanctions hurt human rights abusers and corrupt officials, as intended. And that’s a key selling point for the bipartisan Global Magnitsky Human Rights Accountability Act (S. 284/H.R. 624) being debated on Capitol Hill. The bill, based on Russia-specific sanctions legislation adopted in 2012, would begin to hold human rights abusers and corrupt officials to account around the world by denying them U.S. visas and access to our financial system.

Aside from the Russia-specific sanctions, executive orders have imposed sanctions on human rights abusers in Iran (though the U.S. sanctions list for Iran is significantly shorter than the EU’s) and on seven Venezuelan officials. Targeted sanctions on human rights abusers should be expanded worldwide, because authoritarian rulers and their lieutenants are driving a global decline in respect for human rights. According to Freedom House’s ratings, media freedom has fallen to its lowest point in 10 years, and political and civil rights overall have deteriorated for nine consecutive years.

Targeted sanctions as envisioned by the Global Magnitsky Act could start to turn this trend around. It would build on current policy of condemning human rights abuses and supporting human rights defenders by actually going after the perpetrators of abuses. Perpetrators are usually shielded by their government and expect to evade justice. If a penalty loomed over their head, they may think twice about committing their crimes.

By imposing consequences on individual abusers, the Global Magnitsky Act would force authoritarian rulers into a difficult choice: either to protect the most repugnant officials and thereby expose the cruelty of their regimes or to cut loose the officials who do their dirty work and keep them in power.

A Global Magnitsky Act also targets high-level corruption — the Achilles heel of authoritarian regimes. While human rights might seem a bit abstract to ordinary citizens, corruption is all too real. Citizens understand what’s wrong with corrupt officials getting rich at the public’s expense while everyone else struggles to make ends meet.

Corruption often fuels human rights abuses. Because corrupt officials stand to lose their ill-gotten gains if they leave office, they will go to ever-greater lengths to hold onto power. Former Ukrainian President Viktor Yanukovych was a prime example. As he and his family amassed enormous wealth, he tightened media restrictions, selectively prosecuted opposition figures and increasingly manipulated elections.

Under the Global Magnitsky Act’s targeted sanctions, no country would be singled out. And it would apply to countries like China and Saudi Arabia that tend to escape criticism for their human rights abuses because of U.S. economic or security interests.

The executive branch would decide whom to sanction. But it would have to listen to Congress’s input and explain its decisions. And chances are that governments with an extensive apparatus of repression would end up with more than seven officials on the sanctions list.

If passed, a Global Magnitsky Act probably will elicit some angry responses, like Venezuela’s cryabout “a new escalation of aggression” and “extraordinary threat” from the United States. But authoritarian governments can’t give an honest response, because they can’t admit that they harbor officials responsible for human rights abuses and large-scale corruption. If China’s leadership were sincere, it ought to welcome a Global Magnitsky Act for reinforcing President Xi Jinping’s policy of cracking down on corrupt officials and stemming their flow of assets abroad.

The prospect of angry reactions shouldn’t discourage the introduction of the Global Magnitsky Act. The United States always meets resistance when it champions human rights, because authoritarian governments prefer to avoid responsibility for their violations. We shouldn’t let their officials abuse their power and then benefit from our legal protections.

And we shouldn’t accept their insistence that we look away from human rights abuses as the price for economic or security cooperation. The Global Magnitsky Act would focus pressure on the perpetrators, not commercial relations. We should use our influence and engage authoritarian governments on our terms. We can be strong and confident enough both to cooperate with authoritarian governments where prudent and to still hold their human rights abusers and corrupt officials to account.”

Holding torturers and kleptocrats to account | TheHill.

see also: https://thoolen.wordpress.com/2015/01/29/human-rights-defenders-and-anti-corruption-campaigners-should-join-hands/

 

More on impunity: Guatemala’s ex-police chief, jailed for life, in appeal before Swiss court

May 7, 2015

Erwin Sperisen in 2007

Guatemala ex-police chief Erwin Sperisen in 2007

This morning’s post about impunity in Colombia, could be combined with the case of Erwin Sperisen, Guatemala’s ex-police chief, who in 2014 was sentenced to life in prison in Switzerland over the deaths of seven prisoners in 2006. His appeal is currently (4 to 8 May) serving before the Criminal Chamber of Geneva’s Court of Justice in Switzerland. The Prosecutor has again demanded life imprisonment. Sperisen could not be extradited as has Swiss-Guatemalan dual nationality. Sperisen was tried under a law allowing Swiss nationals to be tried in their own country for crimes committed abroad. [The former Guatemalan Interior Minister Carlos Vielmann, who fled the country at the same time as Sperisen, is due to stand trial on similar charges in Spain.]

More information about this case can be found at http://www.trial-ch.org/guatemala-en/index.html. TRIAL (TRack Impunity Always) is a very interesting NGO that goes after the perpetrators. The mirror image of a Gallery of Human Rights Defenders so to say!

Guatemala ex-police chief jailed for life by Swiss court – BBC News.

Colombia: impunity does not always prevail

May 7, 2015

Colombia‘s Supreme Court sentenced the former head of the country’s secret police to 14 years in prison for spying on officials and journalists. Maria del Pilar Hurtado committed the offenses between 2007 and 2008, targeting political opponents of then-President Alvaro Uribe. UPI reports on 1 May 2015 that a number of human rights organizations, including the International Federation for Human Rights (FIDH) and Oxfam Solidariteit, applauded the convictions, saying it “confirms the existence of a system of espionage, persecution, harassment and threats against opponents, judges, journalists and human rights defenders, designed and organized at the highest levels of Alvaro Uribe Velez’s government.”

[When the allegations surfaced in 2010, Hurtado sought asylum in Panama. Her asylum was later revoked and she turned herself in to Colombian authorities in January. Uribe’s former chief of staff, Bernardo Moreno, was also convicted for his role in the illegal wire taps and was sentenced to eight years of house arrest Uribe has denied any knowledge of the illegal acts. He announced via Twitter on Thursday that he would appear before the Supreme Court on May 5 to answer questions.]

14-year prison sentence for Colombia’s ex-secret police chief – UPI.com.

Charlie Hebdo and PEN: free speech deserves protection, not necessarily an award

May 6, 2015

Last night two members of Charlie Hebdo, the French satirical magazine, received – under thundering applause –  the “James C. Goodale Freedom of Expression Courage Award” from American PEN. It followed a raging 10-day debate over free speech, blasphemy and Islamophobia in the social media and op-ed pages worldwide. It started when six prominent writers, including Peter Carey, Michael Ondaatje and Francine Prose, pulled out from the gala dinner to protest what they saw as Charlie Hebdo’s racist and Islamophobic content.  Some 200 PEN members signed a letter of protest saying that the award crossed a line between “staunchly supporting expression that violates the acceptable, and enthusiastically rewarding such expression.” [“To the section of the French population that is already marginalized, embattled, and victimized,” they wrote, “Charlie Hebdo’s cartoons of the Prophet must be seen as being intended to cause further humiliation and suffering.”]

Others, such as Salman Rushdie,vigorously defended Charlie Hebdo and the prize. PEN quickly found new table hosts, including the cartoonist Art Spiegelman, and the writers Azar Nafisi and Neil Gaiman.

Even The Economist on 5 May stepped into the debate with a historical analysis of Charlie Hebdo [“Since it was founded in 1970, with its roots firmly on the political left, Charlie Hebdohas prided itself on a defiant spirit of irreverent provocation. This fits a long tradition of savage French satire, dating back to the bawdy anti-royalist pre-revolutionary cartoons mocking Marie-Antoinette and King Louis XVI. Many of Charlie Hebdo’s cartoons are tasteless, silly and offensive. So silly, in fact, that its circulation had dropped to just 45,000 or so before the terrorist attacks. Most of its targets are political. It gave Nicolas Sarkozy, a former centre-right president, a particularly hard time. These days, Marine Le Pen, leader of the far-right National Front, is a favourite figure of ridicule. Indeed, an analysis by Le Monde newspaper shows that, between 2005 and 2015, 336 of their 523 covers were political, and only 38 religious. Of the latter, 21 concerned Christianity, including an image of a toothy Virgin Mary, her legs apart, giving birth to baby Jesus. Just seven portrayed only Islam.”]

But I think that is not really the issue here. We all (well 99%) agree with the statement of Charlie Hebdo editor Gérard Biard: Being shocked is part of democratic debate ..Being shot is not. SoI stand by my ‘Je suis Charlie’ position [https://thoolen.wordpress.com/2015/01/08/charlie-hebdo-attack-intolerance-extreme/], but this does not mean that the magazine should get an award. Many (dead) journalists do not get awards. Awards normally have a bit of ‘role model’ function (in addition to recognizing courage and giving support). The lone protester in front of the building where the ceremony took place held a handwritten sign that in my view captures the issue well: “Free speech does not deserve death / Abusive speech does not deserve an award.”

It is pity that the controversy overshadowed the PEN’s Freedom to Write Award 2015, given to the Azerbaijani journalist Khadija Ismayilova, who has been imprisoned since early December after writing about corruption allegations against the family of Azerbaijan’s president, Ilham Aliyev. [http://www.brandsaviors.com/thedigest/award/freedom-write-award]

among the many sources:

http://www.nytimes.com/2015/05/06/nyregion/after-protests-charlie-hebdo-members-receive-standing-ovation-at-pen-gala.html?_r=0

The Economist explains: The new Charlie Hebdo controversy | The Economist.

http://www.nbcnews.com/storyline/paris-magazine-attack/award-french-magazine-charlie-hebdo-divides-prominent-writers-n353901

Nargess Mohammadi arrested in Iran

May 6, 2015

Just when one thinks that Iran is going to change for the better, human rights defender Ms. Nargess Mohammadi is arrested (after years of continuous judicial harassment, including repeated summoning, interrogations and trials.)

Several NGOs, including the Observatory for the Protection of Human Rights Defenders (FIDH/OMCT) have strongly condemned the 5 May arrest of Nargess Mohammadi, who is the spokesperson and Vice-President of the Defenders of Human Rights Centre (DHRC). Upon her arrest, the agents claimed that she was being taken “to serve her prison sentence”. [Mrs Mohammadi started to serve a 6-year prison sentence on 21 April 2012, but that she was released on bail on 31 July 2012 for medical reasons.]

On May 3, 2015, Ms. Mohammadi attended the first hearing of her trial based on three main charges against her:

  • “assembly and collusion against the national security” based on her activities in the DHRC and cooperation with “the [Nobel Laureate] Shirin Ebadi, counter-revolutionary and feminist groups”;
  • “spreading propaganda against the State” based on her “interviews with foreign and counter-revolutionary media participation in illegal gatherings, supporting sedition and anti-security inmates”; and
  • “membership of the illegal and anti-security LEGAM group”.

Following a meeting in 2014 with the then High Representative of the European Union for Foreign Affairs & Security Policy, Ms. Catherine Ashton, the Iranian authorities banned Ms. Mohammadi from travelling abroad; she has received 10 summons and has been detained twice by the security agents.

The Observatory strongly condemns arbitrary arrest of Ms. (…).

Itai Dzamara’s disappearance worrying for all human rights defenders in Zimbabwe

May 5, 2015
On 4 May 2015 Bridget Mananavire of Nehanda Radio in Zimbabwe marked 54 days since the disappearance of human rights activist and journalist, Itai Dzamara, with law enforcement agents continuing to profess ignorance over his whereabouts.

Abducted political activist Itai Dzamara
Human rights defender Itai Dzamara, abducted on 9 March by yet unidentified men

Rashid Mahiya, Heal Zimbabwe Trust executive director, said the government’s silence raised suspicion: “Itai Dzamara’s disappearance raises a distressing sense of insecurity among many human rights defenders in the country. The government’s silence vindicates speculation that its security agencies are responsible for Itai’s abduction and disappearance”…….”the State has a presence of abducting citizens, active opposition and human rights leaders and activists, some of whom disappeared and were never found while others were later discovered in police custody. Jestina Mukoko was abducted in 2008 and later discovered in police custody after 21 days while persons like Tonderai Ndira, Betha Chokururama were found dead,”.

Zimbabwe Lawyers for Human Rights (ZLHR) said the truth about Dzamara’s disappearance should be revealed so that the perpetrators face their judgment.

The European Union Delegation to Zimbabwe also reminded people that the human rights defender should never be forgotten, calling for his return.

‘Dzamara’s unending abduction worrying’ – Nehanda Radio.

Jean-Daniel Vigny hopes to improve NGO participation at the UN

May 4, 2015

Getting ‘consultative status’ with the UN is for many NGOs a nightmare and a subject that does not attract the most attention. Hopefully this opinion piece written by Jean-Daniel Vigny, Swiss human rights expert and member of the Board of the International Service for Human Rights (27 April 2015) will help to change this:

ISHR-logo-colour-high

He makes 5 recommendations in relation to the ECOSOC Committee on NGOs (shortened version):

  1. Ministries of Foreign Affairs positively inclined to civil society and the big international NGOs represented in New York should actively participate in each session of the ECOSOC Committee;
  2. The EU and the rest of WEOG and other friendly States of civil society from the East European Group, GRULAC, the African Group and the Asian Group and national and international NGOs should join the campaign for improved membership and modalities of the NGO Committee;
  3. The status quo of quasi permanent membership to the NGO Committee by some States not favourable to civil society should be broken;
  4. (a rather difficult one) ECOSOC could develop an ‘interpretative guide’ for the Committee on the application of ECOSOC resolution 1996/31 (or get agreement on a paragraph calling for all applications for consultative status to be forwarded to ECOSOC for decision within a 3 years limit, thereby short-circuiting the present practice of repeated deferral of many applications);
  5. Share cases of denial or repeated deferral of consultative status as reprisals with the Special Rapporteur on Freedom of Association and Assembly and to pursue implementation of his recommendations to strengthen NGO participation at the UN and in other multilateral fora. We could also encourage the Special Rapporteur on Human Rights Defenders to study, report and make recommendations as to the reform of the NGO Committee, including in relation to the misapplication of ECOSOC resolution 1996/31.

The full text of the piece entitled “NGO participation at the UN: A roadmap for reform” follows:

Read the rest of this entry »

Bahrain Chamber of Commerce assesses press freedom….

May 4, 2015

The 2015 Press Kowtow award should probably go to the Bahrain Chamber of Commerce and Industry (BCCI) which – as reported by the equally sharp Bahrain News Agency (BNA) on 3 May 2015 – saluted the national press strides over the past years“. It issued this statement as Bahrain joined other nations in marking the World Press Freedom Day, being held this year under the theme “Let Journalism Thrive! Towards Better Reporting, Gender Equality, and Media Safety in the Digital Age”. It lauded His Royal Highness Prime Minister Prince Khalifa bin Salman Al-Khalifa and His Royal Highness Prince Salman bin Hamad Al-Khalifa, Crown Prince, Deputy Supreme Commander and First Deputy Premier for their support…..

As Brian Dooley of Human Rights First rightly points out today on Twitter (https://twitter.com/dooley_dooley): Bahrain scored 163rd [!!] place in the Index on Censorship survey, Read the rest of this entry »

Two women human rights defenders inside Uzbekistan: amazing story

April 29, 2015

Human rights defenders Adelaida Kim (left) and Elena Urlaeva

Human rights defenders Adelaida Kim (left) and Elena Urlaeva
 I have written often about Uzbekistan’s 2008 MEA Laureate, Mutabar Tadjibaeva [https://thoolen.wordpress.com/tag/mutabar-tadjibayeva/], who now lives in exile in Paris, but Radio Free Europe on 29 April, 2015 carries a piece on two women human rights defenders, among the few left in Uzbekistan. Undaunted by the threats, beatings, and forced incarcerations of authorities, they continue to demand their rights. Especially the second case, that of Elena Urlaeva, is amazing:

Adelaida Kim of the Rights Defenders Alliance of Uzbekistan (PAU) is one such person. She featured in an earlier Qishloq Ovozi. She was in court then, she was in court again in April, and, as was true in the previous post, she brought a complaint against police.  It started when Kim and colleague Lyudmila Brosalina were demonstrating outside the Ukrainian Embassy in Tashkent on May 8, 2014. Kim was demanding an end to hostilities in eastern Ukraine, specifically the “vicious murders of unarmed people…”

There were only the two of them, but Uzbek authorities worry that such acts could mushroom and lead to antigovernment protests, so any picket is dispersed quickly. Kim was detained and brought to police headquarters. There, Kim says, police Colonel Bakhtiyor Egamberdyev insulted and berated her and told her she should move to Ukraine. On April 8, the hearing opened in Kim’s case against Egamberdyev and two other policemen. Bakhtiyor Egamberdyev arrived, except, as Kim pointed out, it was not the right Bakhtiyor Egamberdyev. The person who showed up in the courtroom on April 8 was a deputy district police chief who was also named Bakhtiyor Egamberdyev. Neither of the two policemen named in Kim’s lawsuit showed up for the trial either. The hearing was adjourned and scheduled to reconvene when the correct Bakhtiyor Egamberdyev was located and summoned. As of the time of this writing, there have not been any reports that the trial has resumed.

Standing outside the courthouse on April 8 was PAU leader Yelena Urlaeva, holding a sign of support for Kim. The story of Urlaeva is almost beyond belief:

Bruce Pannier in his blog Qishloq Ovozi has called her the bravest person in Uzbekistan. Urlaeva has been detained many times. She’s been forcibly committed to psychiatric clinics, physically assaulted, and regularly threatened. [see also https://www.frontlinedefenders.org/node/2004]. Under these circumstances it is indeed amazing that on April 7  sent a letter to Uzbekistan’s interior minister requesting that the head of the department for fighting terrorism in the Mirzo-Ulughbek district of Tashkent, Ilyas Mustafaev, be promoted… It’s not a joke. Urlaeva is totally sincere.

Ilyas Mustafaev (left) is a frequent visitor to Urlaeva's apartment.
Ilyas Mustafaev (left) is a frequent visitor to Urlaeva’s apartment.

Mustafaev has been detaining Urlaeva for some 17 years, but in her letter the PAU leader said Mustafaev has always fulfilled his duties honestly — both as an officer and as a human being. “I understand Mustafaev,” she said. “He’s a soldier and carries out orders.”

Mustafaev has had to come to Urlaeva’s flat so often that he is now considered a guest  “Ilyas calls my mother ‘mama’ and mama calls him ‘son’,” Urlaeva said. HE has even shown up at her birthday parties. Urlaeva recalled that when she was demonstrating in 2010, “someone in civilian clothes” started hitting her and Mustafaev pulled the attacker away and apologized “for his colleague” and took her home. In her letter recommending Mustafaev be raised in rank, Urlaeva wrote, “This worthy officer is already more than 50 years old and is still a major.” She asked that he be promoted by April 28, which Urlaeva knows is Mustafaev’s birthday.

Two Of Uzbekistan’s Best And Bravest.