At the start of the 3rd UN Forum on Business and Human Rights, today 1 December, the ISHR publishes a series of articles by key human rights defenders and experts in this field. [https://thoolen.wordpress.com/2014/11/17/register-for-the-3rd-annual-forum-on-business-and-human-rights-1-to-3-december-2014/] The Special Rapporteur on HRDs, Michel Forst, goes first:
Archive for the 'human rights' Category
Alkarama award ceremony for Palestinian human rights defender Shireen Issawi on 11 December
December 1, 2014
On the occasion of Human Rights Day, the Geneva-based NGO Alkarama will present the 2014 Alkarama Award for Human Rights Defenders to Shireen Issawi, prominent lawyer and human rights defender from the Occupied Palestinian Territories. The event will be held on 11 December 2014 at 18:30 at the Ecumenical Center in Geneva (Switzerland).
‘Unsung Heroes’ – EU Tribute to Human Rights Defenders on 2 December in Geneva
November 28, 2014Under the title “Unsung Heroes” the EU Delegation to the UN in Geneva is organizing a Tribute to Human Rights Defenders on 2 December 2014 at 13h00 in the Palais des Nations in Geneva.
In light of the 10th anniversary of the EU Guidelines on Human Rights Defenders and ahead of the Human Rights Day, Stavros Lambrinidis, EU Special Representative for Human Rights, will discuss interactively with NGOs, Human Rights Defenders and International Organisations the challenges of speaking up for human rights. The event will also include the Geneva launch of a study conducted by the Kvinna till Kvinna Foundation on Women Human Right Defenders’ exposure to threats and violence.
The debate on questions such as “What does it take to stand up for human rights?”, “What risks do human rights defenders face, in particular if they are women?” and “What can we do to provide better support?” will be followed by the screening of the film documentary “Six Days”, portraying three women in three different countries, fighting for change in the wake of war and conflict.
I should add that the choice of the title ‘Unsung Heroes’ leaves to be desired as it has been used a lot by different organisations, including the US State Department, the Carter Foundation, the Martin Ennals Foundation for its 2001 study, the OHCHR, PBI, Freedom etc.
See also my post from two days ago: https://thoolen.wordpress.com/2014/11/26/tribute-remembering-women-human-rights-defenders/
Peace Brigades International officially launches its country chapter in Ireland
November 28, 2014Interesting to note that Peace Brigades International (PBI), in spite of a large number of Irish volunteers working for it, officially launched its local chapter in Ireland only now, Wednesday 26 November 2014. PBI is known for sending teams of international volunteers to areas of conflict at the request of local human rights defenders who are threatened and the volunteers provide protective accompaniment backed up by political support networks around the world.
At the launch, three visiting human rights defenders from countries where PBI works – Colombia, Kenya and Honduras – spoke about the risks facing human rights defenders in their countries. Honduran lawyer Donald Hernández Palma joined Colombian activist Yomaira Mendoza and Ruth Mumbi Meshack.
[Ms Mendoza’s husband was shot dead in front of her and her family’s land was taken from her illegally. After talking to Colombia’s attorney general about the progress of her case, she was subjected to death threats. After months of trying to reduce her risk in Colombia and re-location attempts within the country, she is now living in exile in Spain.]
[Mr Hernández Palma has been subject to threats and harassment in his work in criminal and environmental law, with a particular focus on mining in Latin America.]
[Ms Meshack is a community mobiliser, and founder and current National Coordinator of Bunge la Wamama, a women’s chapter a movement for social justice and accountability in different parts of Kenya. She has been imprisoned for her work defending human rights.]
Tony Blair’s Children’s Award in contrast with his PR work for a dictator
November 27, 2014This blog has always had keen interest in awards and in celebrities abusing their reputation. The current row over Tony Blair receiving an award from Save the Children USA as described by Katie Nguyen of Reuters on 26 November 2014 is exactly at the crossroads of these two interest.
(former British Prime Minister Tony Blair at International donors conference on October 12, 2014.
CREDIT: REUTERS/MOHAMED ABD EL GHANY/FILES)
United Nations declares again that mass surveillance threatens the right to privacy.
November 27, 2014Several newspapers have reported on this matter but perhaps not many in the US (see at the end). In an excellent blog post on 26 November 2014 Peter Micek and Javier Pallero give the background to this UN Declaration, for the second straight year, which states that government communications surveillance poses a threat to the right to privacy. I quote liberally from it:
Passed unanimously on Tuesday by the Third Committee, the resolution on “The right to privacy in the digital age” this time also calls for a permanent ‘office’ on the right to privacy. For that to happen, the Human Rights Council in Geneva will have to take action in March 2015 by creating a new “special rapporteur” on the right to privacy.
Background
In response to mass surveillance revelations in 2013, including news that their political leaders had been spied on, Brazil and Germany co-authored a unanimous resolution in the General Assembly. The resolution called for a report by the then High Commissioner for Human Rights, Navi Pillay, who came with a scathing critique in July 2014 that cited the need for immediate reform of surveillance laws and practices in line with international human rights norms. The report’s finding that mass surveillance inherently violates human rights spoke directly to the “five eyes” countries – the US, Canada, the UK, New Zealand, and Australia – who are responsible for weakening technical standards, collecting untold reams of data, and thwarting public debate over their practices.
Brazil and Germany again teamed up to lead this year’s effort, gathering more than 60 cosponsors. The resolution finds that surveillance must be “consistent with international human rights obligations and must be conducted on the basis of a legal framework, which must be publicly accessible, clear, precise, comprehensive and non-discriminatory.” It smartly calls for greater access to remedy for victims — a too-often ignored pillar of rights frameworks — and for increased attention to the role of private companies in government surveillance. In oral statements, the US and its allies in the “Five Eyes” drew attention to the resolution’s acknowledgment of “threats and harassment” that human rights defenders face along with privacy violations. And the resolution invites the Human Rights Council to “consider the possibility of establishing a special procedure” regarding the promotion and protection of the right to privacy.
Shortcomings
- The resolution does not specifically call for governments to extend protections to users abroad. Although expressing concern is important, governments must do much more to provide an effective solution to cross-border violations.
- The resolutions language on restrictions is unnecessarily general (“non-arbitrary and lawful”) but it could have used findings by multiple courts and international experts more precisely defining how privacy rights should be handled – that surveillance and other privacy restrictions should only be prescribed by law, necessary to achieve a legitimate aim, and proportionate to the aim pursued. These concepts are further articulated in the International Principles on the Application of Human Rights to Communications Surveillance, which High Commissioner Pillay said in her report can be considered interpretive guidance of Article 17 of the ICCPR that establishes the right to privacy.
- While the resolution notes that metadata can, when aggregated, “reveal personal information and can give an insight into an individual’s behaviour, social relationships, private preferences and identity,” it stops short of calling for an end to bulk metadata collection by governments, which the Human Rights Council has an opportunity to push for in March.
Summarizing, the authors of the post think that this resolution is a step in the right direction and “Access” will continue working to ensure the Council follows through on the General Assembly’s suggestion, and creates the Special Rapporteur.
In a related piece in ‘The Local’ one can read how Germany – at the heart of moves to limit the power of US web companies and their involvement in surveillance – is pressured by American companies and politicians.
http://www.thelocal.de/20141126/germany-denies-accusations-of-google-bashing
OMCT launches again its 10 days campaign for and with Human Rights Defenders
November 26, 2014
As from 1 December the Geneva-based NGO OMCT will launch, for the 3rd year in a row, its Campaign “10 Days of Activism against torture and ill-treatment“(coinciding this year with the 30th anniversary of the UN Convention against torture). Through 10 videos, 10 human rights defenders will speak out against torture and discuss the importance of the UN Convention against Torture and its implementation in their respective countries under the slogan: “Nothing Can Justify Torture Under Any Circumstances!”. I will try and cover most of them, but you can also go to the OMCT website:
Special Rapporteur in Burundi: respect the work of Human Rights Defenders like Mbonimpa!
November 25, 2014
(Independent Expert on Human Rights Michel Forst. Photo: Jean-Marc Ferré)
Malaysia and the EU: NGOs ask for more forthright action
November 25, 2014An “Advocacy Note” published in November 2014 by FIDH and SUARAM addresses the whole specter of human rights in Malaysia and how the EU should respond. Here are the parts that specifically concern human rights defenders:
FIDH and SUARAM draw the EU’s attention towards the following human rights challenges and call on Brussels to work with Malaysian civil society on the proposed solutions.
1. Publicly challenging Malaysia’s records on human rights
2. Addressing the impacts business activities on human rights
3. Using Treaties’ negotiations to obtain genuine human rights commitments
4. Supporting civil society activities
FIDH and SUARAM believe that the EU has overall been supportive of the work of human rights NGOs in Malaysia. The EU Delegation and Member States’ missions regularly meet with civil society and human rights activists, bilaterally or through the EU’s Human Rights Working Group, to discuss issues such as women’s rights, the elimination of racial discrimination, and freedom of expression. The EU Delegation maintains regular exchanges with NGOs, sends observers to trials against human rights defenders, and promotes the content of the EU Guidelines on Human Rights Defenders.
In recent years, the EU has provided financial support to NGOs working in the field of women’s and children’s rights, non-discrimination, freedom of the media, and indigenous people. With the current reduction of staff in the EU Delegation [7], civil society will now have to turn to Global Calls for Proposals to find support for its activities rather than seeking financial support directly at Delegation level through Country Based Support Schemes (CBSS). FIDH and SUARAM fear that such a change may have consequences on the effectiveness and sustainability of civil society activities. Many NGOs may not have the capacity to respond to the Calls for Proposals or to absorb the important amount of finance offered in calls designed for large- rather than middle-sized projects. It is therefore important for the EU to find alternative ways to support civil society beyond small emergency grants, for example in the form of funds at the regional level or sub-grants to local NGOs.
The EU must also step up its political support to civil society. The EU must push for the amendment of the 1966 Societies Act, which offers no judicial remedy to an association whose registration has been suspended or refused by the authorities. The EU must ensure that FTA provides for a genuine enabling environment for civil society.
Failure to do so would create a democratic gap in terms of monitoring of the agreement. The negotiation process should be an opportunity to hold tripartite discussions between the EU, Malaysian authorities, and civil society. The EU should offer technical advice to Malaysian authorities to reform the Societies Act and ensure the new version complies with international standards.
The fact that Malaysian authorities continue to criminalise peaceful assembly after the Court of Appeals declared a section of the Peaceful Assembly Act as unconstitutional is proof of the political will to repress peaceful assembly. This issue should be addressed by the EU at the highest levels of the political dialogue. The EU should also address the issue of recent calls made by Malaysian government officials to adopt legislation similar to the Indian Foreign Agents Registration Act, which would provide a legal basis for monitoring of foreign funds to civil society organisations.
Recommendations
FIDH and SUARAM call on the EU and its Members States to (inter alia):
• Demand the immediate release of individuals convicted for political reasons, notably under the Sedition Act.
• Establish a human rights roadmap in cooperation with Malaysian authorities and civil society, in order to achieve tangible results before the FTA are agreed.
• Ensure that human rights are included in the negotiations and the structure of the future Free Trade Agreement (FTA) with Malaysia.
• Place the support for civil society, human rights defenders, local communities, and indigenous peoples at the centre of their interactions with Malaysia. EU and its Members States must:
— Urge the Malaysian authorities to ensure that all citizens’ human rights, including the rights to freedom of expression and assembly are respected;
— Press Malaysian authorities to amend the Societies Act to bring it in line with international standards, and provide technical support to that effect;
— Press for effective and immediate investigation into serious cases of human rights violations, and the formation of an Independent Police Complaint and Misconduct Commission (IPCMC) to investigate allegations of torture and deaths in police custody;
— Demand that Malaysian authorities set a date for the country visit of the UN Special Rapporteur (UNSR) on Freedom of Assembly and Association and extend an invitation to the UNSR on the rights of Indigenous Peoples and the UNSR on Freedom of Religion;
— Organize a civil society seminar before the EU-Malaysia human rights and political dialogues;
— Include civil society in sectoral discussions and in the negotiation process of the FTA;
— Propose alternatives to make up for the end of Country Based Support Schemes in order to ensure financial support to the work of human rights NGO.
• Encourage Malaysian authorities and companies to adopt binding regulations and a business investment framework to prevent human rights violations by economic operators and ensure accountability in the case abuses take place. Regulations must be in line with international human rights standards, including the UN Guiding Principles on Business and Human Rights.
• Prepare a strategy on business and human rights that ensures that current and future investments by EU-based companies do not negatively affect human rights in Malaysia. This strategy, to be designed with Malaysian authorities, companies, and civil society, should aim at setting up binding regulatory measures corresponding in line with international standards.
• Work with Malaysian authorities to ensure that their development plans do not negatively affect human rights.
Advocacy Note: A committed but too shy EU support to human ….
Hans Thoolen on Human Rights Defenders and their awards 