Archive for the 'human rights' Category

Pegasus spyware now turned on Indian media

January 3, 2024

Voice of America on 28 December, 2023 reported that the founding editor of one of India’s largest news websites is among the journalists to be targeted by the Pegasus spyware. A joint investigation by the rights group Amnesty International and The Washington Post, published Thursday, found evidence that the invasive spyware is being used again to target media in India.

Made and marketed by Israeli company the NSO Group, the spyware can be used to access a phone’s messages and emails, peruse photos, eavesdrop on calls, track locations and even film the owner with the camera. [see also: https://humanrightsdefenders.blog/tag/pegasus/]

In the latest research, forensic investigations found evidence of the spyware on the iPhones of Siddharth Varadarajan of the news website The Wire, and Anand Mangnale of The Organized Crime and Corruption Reporting Project, or OCCRP.

Increasingly, journalists in India face the threat of unlawful surveillance simply for doing their jobs, alongside other tools of repression, including imprisonment under draconian laws, smear campaigns, harassment, and intimidation,” Donncha Ó Cearbhaill, who heads Amnesty International’s Security Lab, said in a statement.

Amnesty reported that it first suspected renewed Pegasus activity during regular monitoring by its researchers in June. It investigated further after Apple sent notifications to iPhone users in October warning they had been targeted by “state sponsored attackers.” Around 20 politicians and journalists in India received the notifications. Amnesty then carried out a forensic analysis for individuals who received the warnings.

Around that time, the OCCRP had been investigating an Indian tycoon, Gautam Adani, who is an ally of Prime Minister Narendra Modi and founder of the multinational conglomerate known as the Adani Group.

Mangnale told the French news agency AFP he was targeted “within hours” of sending questions to the Adani Group on behalf of the OCCRP.

Varadarajan told the Post he believes the attempted hacking may be related to opposition to the detention of a prominent news publisher in New Delhi.

In a statement, Amnesty’s Ó Cearbhaill highlighted the chilling effect spyware has on media freedom.

“Targeting journalists solely for doing their work amounts to an unlawful attack on their privacy and violates their right to freedom of expression,” Ó Cearbhaill said.

In 2021, New Delhi was accused of using Pegasus to surveil journalists, opposition politicians and activists, with leaked documents showing the spyware had been used against more than 1,000 Indian phone numbers. Prime Minister Modi’s main rival, Rahul Gandhi, was among those targeted.

The government denied conducting “illegal surveillance” but refused to cooperate with a Supreme Court probe into the allegations, the findings of which have not been made public.

Following the October notifications sent by Apple, Indian authorities were reported to be investigating whether opposition politicians were targeted.

Ashwini Vaishnaw, the information and technology minister, said the government was “concerned” by the complaints.

The Washington Post reported that one day after Apple sent the notifications, government officials in India announced they would investigate the security of Apple devices.

——

The Washington Post (WP) reported Wednesday that following Apple’s October alert about alleged government hacking attempts on iPhones of independent Indian journalists and opposition politicians, Indian government officials swiftly retaliated against Apple.

It is reported that officials of the Bharatiya Janta Party (BJP), the ruling party, hurried to contain the fallout after journalists and politicians shared Apple’s warnings. The government administration pressured Apple to retract warnings, leading to a heated discussion. Under government pressure, Apple India acknowledged potential mistakes in threat detection and sought to downplay warnings globally. However, during a November meeting, Apple defended its stance against Indian officials’ scrutiny.

India’s opposition leaders and journalists received Apple alerts, warning of potential state-sponsored i

https://www.voanews.com/a/journalists-government-critics-in-india-targeted-with-pegasus-spyware/7416268.html

https://www.jurist.org/news/2023/12/wp-india-government-retaliated-against-apple-after-government-phone-hacking-claims/

10 years Natalia bracelet

December 20, 2023
Génesis Dávila, participant in the Natalia Project.

On 18 December 2023 Civil Rights Defenders published an account of 10 years Natalia [see: https://humanrightsdefenders.blog/2014/04/24/the-natalia-gps-alarm-bracelet-wins-golden-egg-awards-in-stockholm/]

10 years ago, Civil Rights Defenders launched the Natalia Project, the world’s first assault alarm and community-based security system for human rights defenders. In the event of an attack, participants in the project can send out a distress signal so they can be located quickly and get help.

Natalia Project participant Génesis Dávila is the director and founder of Defiende Venezuela, a human rights organisation fighting for accountability and justice for victims of political persecution, people in arbitrary detention, and others who have been subjected to government-sanctioned attacks in Venezuela. In Venezuela being a human rights defender puts Génesis at risk of the very same political persecution she is trying to document.  

I face different threats on a daily basis. In general, they come from the Venezuelan regime. They harass human rights defenders because we try to protect people who are in danger and victims of human rights violations. This is something that puts us at great risk.” “It is really exhausting because then you don’t have space for other things. It’s the feeling of being chased all the time. It puts you under stress. You feel that you are never safe, wherever you are.”

In the case of an attack, the alarm is activated, and a distress signal goes off. Civil Rights Defenders and a network of human rights defenders can start investigating the situation within minutes.

For me, my Natalia has been a game changer. It helped me feel safe. Just having this tiny device with me, knowing that there was someone on the other side of the world just waiting for my call, being ready to act if something happens gave me such a confidence. That changed everything.”

The Natalia Project device is built to be durable and easy to use and take wherever is needed. 

Everywhere I go, I bring my Natalia. If I’m about to fly somewhere, I check my passport, cellphone and my Natalia. It makes me feel safe. It’s my lucky charm.” 

“Anyone who wants to support human rights can do it. You don’t have to be a lawyer, or someone waving a flag. You just need to advocate for human rights, and that will be enough.” 

CRD also runs an emergency fund, see: https://crd.org/emergency-fund/

Call for nominations Robert F. Kennedy award

December 5, 2023

The Robert F. Kennedy Human Rights Award identifies and honours those who embody Robert F. Kennedy’s belief that the power of individual and collective moral courage can overcome injustice.
Over the past 40 years, the Robert F. Kennedy Human Rights Award has recognized 59 outstanding activists and organizations from 32 countries. Honorees receive a cash prize of $30,000, but what sets this awards program apart is that they also receive ongoing support for their important work from RFK Human Rights—through campaigns and mobilization, strategic litigation, training and capacity-building, and other forms of critical support for their work and movements. For more on this and similar awards, see: https://www.trueheroesfilms.org/thedigest/awards/69FD28C0-FE07-4D28-A5E2-2C8077584068

Please note, users should only submit one entry each. If you’re interested in submitting multiple nominations for consideration, or if you’d like to submit additional information beyond what’s captured in the form below, please contact advocacy@rfkhumanrights.org. Deadline: December 15, 2023

https://rfkhumanrights.org/awards/human-rights-award-submit-2024

Türk tells students in Geneva: Human rights are the solution

November 22, 2023

On 21 November 2023 Volker Türk, UN High Commissioner for Human Rights spoke at the Université de Genève. [see also: https://humanrightsdefenders.blog/2022/09/15/new-high-commissioner-for-human-rights-volker-turk-the-man-for-an-impossible-job/] Here some extracts:

First: war. One quarter of humanity is living today in places affected by conflict. At the end of last year, the Peace Institute in Oslo, which works closely with my Office, found that the intensity, length and number of conflicts worldwide are at their highest levels since the Cold War: 55 conflicts, lasting on average between 8 and 11 years.

In Ukraine, in Sudan, in Ethiopia, in Myanmar and across the Sahel – to take just a few examples – the level of atrocities and suffering is devastating. The armed conflict in the Occupied Palestinian Territory and Israel, after just five weeks, has seen over 11,500 people killed, including more than 4500 children – and I want to emphasise that the Gaza Ministry of Health has not been lable to update those numbers since 15 November. The war has lit a firestorm of hate speech across the Middle East and the entire world. The level of Antisemitic and Islamophobic attacks, in real life and online, is deeply shocking….

Time and again, we look back and see that conflict could have been prevented. In the Occupied Palestinian Territory, for example, my Office has repeatedly issued reports that recommend practical, feasible steps towards de-escalation of tensions and overcoming human rights violations. Injustice; discrimination; oppression; extreme inequalities; a lack of accountability for human rights violations: these are among the factors that will sadly make violence more likely.

Before I took up my mandate as the UN’s High Commissioner for Human Rights, I worked for 30 years in situations of failed prevention. I was working with and for refugees –in places where conflict had erupted, with dramatic impact on civilians; or where long years of discrimination metastasized into ethnic cleansing; or where deprivation had become so overwhelming that people were massively compelled to flee. Now, I feel my utmost priority has to be prevention – and solutions. Because that is what human rights bring. They state clearly what every human being is entitled to – a life that is free from fear and from the deprivation of certain essential resources – and in advancing those rights, they bring solutions to the root causes of preventable suffering…

Harsh restriction of civic space is the Achilles heel – the fatal weakness – of governance. If there is one message that I deliver again and again to Ambassadors and Heads of State or Government, it is this: ensuring that people can speak freely – and critically – and that they can fully and meaningfully participate in decisions will build more effective policy…

These are all measures that help to prevent conflict. They are also among the steps that can de-escalate conflict, by resolving some of its root causes; and they contribute to making a peace that is real and which can endure, with development that is sustainable because it is inclusive.

They are also key guidelines for addressing challenges as crucial and complex as climate change, runaway pollution and the obliteration of biodiversity. Acting to limit the triple planetary crisis, and upholding our right to a clean, healthy and sustainable environment, are the defining struggles of our generation.

This spiralling damage is a human rights emergency. Worldwide, climate change is pushing millions of people into hunger. It is destroying hopes, opportunities, homes and lives. In the Sahel region, a recent report by my Office outlines the profound impact of climate change-related soil degradation and declining food production on income, health, resource competition, conflict, and displacement – a vicious cycle that now spins deeper with every planting season. Temperatures in the Sahel are rising much faster than the global average; even if the global temperature rise is kept to an unlikely 1.5 degrees, the impact on the people of the Sahel will be permanent and devastating.

Across the Sahel, we can see very clearly how climate change, conflict, poverty, discrimination and lack of accountability feed into each other – creating a vast knot of issues that strangle the lives and rights of people.  But this is the case everywhere, as the climate crisis continues to generate profound and increasing threats to human rights. The dignity and the very survival of communities, of nations – and ultimately, all of humanity – is at stake.

So, again, how do we prevent this? Where are the solutions?

Notably, of course, we need global solutions. The governments and people of the Sahel, and many other regions that are experiencing extreme harm, did not contribute significantly to climate change. 

In a few days, global climate negotiations will resume in Dubai. It is absolutely essential that they lead to decisive and equitable action to prevent the worst impacts of climate change, and to remedy the impacts that can no longer be prevented. We have to ensure that Governments, businesses and individuals prioritise the interests of humanity over their short-term, narrowly defined self-interest. The fact is, the COP talks have to date fallen far short of what is needed to stop climate change and remedy its worst impacts. The world is dangerously off-track to meet the promises made in the Paris Agreement. Recent discussions on loss and damage are an example of  this. The climate justice movement, and many of the countries most vulnerable to climate change, struggled for years  for an agreement to establish a new loss and damage fund, finally achieving this objective at COP27. But the recommendations that have been sent to COP28 for operationalization of that fund do not satisfy the demands of those most affected by climate change. 

A strong governance framework that is grounded in human rights. Environmental and social safeguards. An inclusive and participatory Board. And a fair funding mechanism. These should be viewed as essentials – not a point of contention, or of trade-offs in negotiation.

Point one: We must protect civic space.

On the climate and environmental issues that affect us all, key decisions continue to be made behind closed doors – and are often influenced by fossil fuel lobbies. Environmental human rights defenders working to protect communities and land from environmental harm are often vilified, attacked and even killed. Their rights to participation, freedom of expression, and access to information and to justice must be secured. We must ensure the free, meaningful and safe participation in all climate discussions of all those most affected by climate change, including women and Indigenous Peoples.

Point two: climate action must advance equality and equity.

Adaptation strategies and all other measures need to prioritize the situation of people most affected by climate change. Funding must go first to the people who need it most.

Point three: We need to ensure access to effective remedy, and accountability, for climate-related harm.

Point four: we need resources for a rapid and just transition that advances human rights, including the right to a healthy environment...

In every country, we also need to see full participation and consultation on environmental laws and measures – notably for those who are most at risk – and protection of people who raise concerns about environmental harm and the policies that produce them.  Bashing climate protests; designing laws that unfairly restrict activities that call the public’s attention to climate harms; and allowing attacks on activists to go unpunished: these are tactics that ultimately harm all States and all human beings. We need to fix this urgently. [see also: https://humanrightsdefenders.blog/2023/10/15/climate-human-rights-defenders-increasingly-seen-as-eco-terrorists/]

So: Conflict. Discrimination. Poverty. The suffocation of civic space. The triple planetary crisis. These are five immense challenges that threaten our rights and our world, and they fuel each other. We face the compounding effects of all of them – while also confronting a surge of new human rights challenges, notably in the digital realm, including artificial intelligence and surveillance.

……

Over the past 75 years, the Universal Declaration of Human Rights has guided tremendous progress in countries across the world. It has inspired vibrant, creative, powerful activism and solidarity, empowering people to claim their rights and to engage actively in their communities and societies.

How could such a simple text guide such profound transformation? Because “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace.” Greater respect for human rights – all human rights, building on each other ­– constructs more sustainable development. More enduring peace. A safer future.

This is an extraordinarily powerful truth…

Economies and societies that are inclusive and participative; in which opportunities, resources and services are equitably shared; and where governance is accountable, deliver justice, opportunities and hope…

And it is precisely in our era of rising storms that the 75th anniversary of the Universal Declaration of Human Rights can help us navigate to safety. Its essential values, which connect all of humanity, were set out to ward off horror and destruction, and they have been tried and tested. They embody the power of unity of purpose and the potential for transformative action – both within societies, and globally.

It is absolutely critical, now – precisely in this time of terrible crisis – that we rekindle the spirit, impulse and vitality that led to the adoption of the Universal Declaration of Human Rights, so that we can rebuild trust in each other, and move forward, united.

https://www.ohchr.org/en/speeches/2023/11/our-utmost-priority-solutions-turk-tells-students

see also: https://www.opportunitiesforafricans.com/office-of-the-high-commissioner-for-human-rights-un-ohchr-minorities-fellowship-programme-2024/

Polish refugee worker and Kurdish defender receive Paul Grüninger award 2023

November 21, 2023

The Paul Grüninger Foundation awarded Polish refugee worker Paula Weremiuk and Kurdish politician Ayşe Gökkan, who is in prison in Turkey, the 2023 Grüninger Recognition Prize for Humanity and Courage 2023. [see: https://www.trueheroesfilms.org/thedigest/awards/845EA081-C3DB-705C-E6FC-1BA88858803E]

The award ceremony took place on at the Palace Cultural Center in St. Gallen.

Paula Weremiuk from Narewka on the Polish-Belarusian border works as a teacher during the day and as a refugee aid worker in the Bialowieza forest at night. According to the Paul Grüninger Foundation, a refugee drama of enormous proportions has been taking place there since 2021.

Paula Weremiuk searches for people in need in the inaccessible areas of Bialowieza, providing them with clothing, food, sleeping bags and the most basic necessities, writes the Paul Grüninger Foundation. The Belarusian dictator Alexander Lukashenka is forcing thousands of refugees from the Middle East and Africa across the border to Poland, where they are met with strong political rejection.

At the border, in the primeval forest of Bialowieza, there is often brutal violence, abuse, rape and repeated deaths. The refugees, including women and small children, are helplessly abandoned to their fate in the inaccessible terrain and are chased back and forth across the border by the authorities. Refugee helpers are being harassed and criminalized, the press release continues.

Ayşe Gökkan’s award was accepted by her lawyer, Berfin Gökkan. The lawyer read out a letter from Ayşe Gökkan written in Kurdish: “I greet you with the warmth of the sun and the enthusiasm of Jin-Jiyan-Azadî. As a member of the Movement of Free Women, I accept this award on behalf of thousands of struggling Kurdish women. There are many fighting women in prison in Turkey.”

The foundation justified the awarding of the recognition prize of 10,000 francs to the Kurdish feminist and human rights defender Ayşe Gökkan for her civil society commitment and her criminalization:

“Ayşe Gökkan has particularly distinguished herself as a journalist and as an activist for women’s rights. For almost forty years, she has been writing newspaper columns against racial and gender discrimination, speaking at national and international podiums and seminars, leading workshops on the topic of gender inequality and taking part in peaceful demonstrations in this context.

From 2009 to 2014, Ayşe Gökkan was mayor of the Kurdish city of Nusaybin, which lies on the border between Turkey and Syria. When Turkey began to build a wall against refugees between Nusaybin and the neighbouring Syrian town of Qamishlo, the mayor protested against this “wall of shame” with, among other things, a sit-in strike.

Because of her civil society commitment, Ayşe Gökkan has been arrested in Turkey more than eighty times, subjected to more than two hundred investigations and, in 2021, sentenced to more than 26 in a grotesque court case based on the statements of a single “secret witness” for membership in a “terrorist organization”.

She is a victim of the criminalization of the political opposition in Turkey. Ayşe Gökkan is in prison, her sentence has not yet been confirmed by the Turkish Court of Cassation, and proceedings are also pending before the European Court of Human Rights.”

https://anfenglish.com/women/jailed-kurdish-politiciangokkan-awarded-paul-gruninger-foundation-s-recognition-prize-70380

Notre Dame law professor Diane Desierto about Human Rights Defenders

November 20, 2023

Law professor Diane Desierto advocates for dignity and justice, and for her students to do the same

When Nobel laureate Maria Ressa was arrested for cyberlibel, she wasn’t shaken. In a two-year period, the Filipino American journalist, Time magazine Person of the Year, Fulbright scholar, and author of How to Stand Up to a Dictator had racked up 10 arrest warrants, plus a barrage of online hate, for her role as founder of Rappler, an independent news site known for its criticisms of authoritarian president Rodrigo Duterte. The claims ranged from fraud to tax evasion to ties with the Central Intelligence Agency, all of which were eventually dismissed.

Nobel laureate Maria Ressa.
Ressa offers the 2021 Nobel Peace Prize lecture in Oslo, Norway.

But when her cyber libel conviction, the first of its kind in the Philippines and which carries a seven-year jail sentence, reached the country’s Supreme Court, she needed help. That help came in the form of Notre Dame law professor Diane Desierto.

Desierto is the faculty director of the LL.M. in International Human Rights Law and founding director of the Law School’s new Global Human Rights Clinic. While teaching and publishing, she also serves as a member of a United Nations working group, faculty at the Hague Academy of International Law, and international counsel at the Permanent Court of Arbitration, the UN Human Rights Committee, the International Criminal Court, the International Court of Justice, and the Philippine Supreme Court. She’s tangled with threats, attacks, and authoritarian governments, primarily in the Philippines and other Southeast Asian countries, as well as China, where she was detained twice.

Though Ressa already had a powerhouse legal team, she asked Desierto to represent her at the Philippine Supreme Court.

I chose Diane to represent me because she had the courage to stand up. She understood the risks,” Ressa says, noting that these days lawyers are even more likely to be harassed or killed than journalists. “Yet she also understood both, from a Filipino perspective, the ties that bind and the way the law can be used to protect us.

Desierto 1600
Professor Diane Desierto says human rights lawyers from around the world are welcome at Notre Dame.

She smiles and says, “And she’s never lost a case.”

In a matter of days, Desierto had filed an appeal, on top of her international commitments and teaching load. But her motivation was simple: “This is the right thing to do.” She adds, “We’re the place that wants to do the right thing.”

Human rights lawyers generally experience a range of threats. It’s not just physical threats and death threats and actual killings, but also the delegitimization of the work that they do. And that includes being discredited publicly. That includes having all forms of coercion being placed on your family. So some of the threats that I’ve dealt with have not just been physical threats to my person or detention, but have also included threats to my family’s law firm, have also included arrests and detentions and all manner of harassment and intimidation. But that’s just the tip of the iceberg that most human rights lawyers face today.” Desierto says

Desierto notes that according to recent studies, 72 percent of the world’s population live under authoritarian rule. Additionally, during the COVID pandemic, emergency regimes were set up, during which time 3,000 human rights lawyers were killed globally. That’s already a high number, but Desierto underscores the ripples of what 3,000 people could have done.

“We are trusted by a lot of places around the world where human rights defenders are under siege,” Desierto says. “They have sanctuary here, and they can grow with a community here, and they can be supported with this community.” Roqia Samim has experienced that support firsthand. Samim is a human rights lawyer from Afghanistan and a 2022 graduate from the LL.M. program.

A photo of Roquia Samim

“Notre Dame Law School and the LL.M. Program for International Human Rights Law became my home and became my shelter.”—Roqia Samim ’22 LL.M.

“Unfortunately, when I came to Notre Dame, at the same time that I arrived here, I lost my home and my country,” Samim says, citing the 2021 Taliban takeover. She adds that given her background in human rights and her advocacy for women’s rights, she fears detention, disappearance, or murder if she were to return home. “It was really hard for me to accept that there is no home for me to go back to from Notre Dame; there is no place for me to go back and work for human rights. But Notre Dame Law School and the LL.M. Program for International Human Rights Law became my home and became my shelter. They supported me here to continue my work for human rights in my country from here.”

Samim remains committed to research human rights issues and violations in Afghanistan as a senior research associate in the Law School. In that role she co-authored a piece titled “Afghan Women’s Rights as the Taliban’s Bargaining Tool for International Recognition,” which was featured by the United Nations Special Rapporteur on Human Rights Defenders. In the piece, she and co-author Tahmina Sobat ’20 LL.M. detail violations and oppression such as banning women from working or attending secondary school or university, and imposing dress codes and gender segregation rules.

“With this opportunity I can document all those human rights abuses and violations by the Taliban in Afghanistan, and provide evidence and reports to the international organizations, including United Nations, to have serious attention for these ongoing violations in my country.”

Research aside, being part of a robust, diverse, and historic community has given her confidence and a sense of belonging, she says.

“Since I came to Notre Dame, and since I attended this program, I don’t feel that I’m alone anymore. I see my work as a strong commitment to serve humanity and human beings to access their basic rights and dignity,” she says. “There are many people like me, fighting for human rights around the world. I saw that, and I learned that, here in this program. Working with a diverse group of people, a diverse group of human rights lawyers from different countries, I realized that gave me more motivation to work harder for human rights and realized that I’m not alone in this fight.”

Desierto wants that message sent to lawyers around the globe. You are not alone. You are welcome here. We at Notre Dame can and will support you.

“We have something really great here,” Desierto says. “I want to let human rights defenders know anywhere in the world that this is legitimately the one place where no topic is censored. Where no issue is ever immune from discussion. This is one place that has genuine freedom to do all of it and be all of it. Where we strive to realize the human rights outcome.”

Desierto is living that mission. While teaching and zig-zagging across the globe, she is handling Maria Ressa’s final petition and preparing for oral arguments at the Supreme Court of the Philippines.

She and Ressa await a decision, as do thousands of journalists, and hundreds of Notre Dame LL.M. alumni who also fight for human rights, all across the globe.

Desierto Ressa 1600
Desierto and Ressa await a decision for their appeal to the Philippines’ Supreme Court. 

https://fightingfor.nd.edu/2023/fighting-to-defend-human-rights/

The sad story of Nasta Loika, human rights defender behind bars in Belarus

November 7, 2023

A group of human rights organisations, including the World Organisation Against Torture (OMCT) and FIDH (see Co-signatories), called on 27 October 2023 for the release of the human rights defender Nasta Loika after more than 396 days of her detention.

Nasta Loika is a prominent human rights defender, one of the founders of Human Constanta. For years, she has been promoting human rights education, raising awareness about the repressive “anti-extremist” legislation in Belarus, and protecting foreign citizens and stateless persons in Belarus. She was named Human Rights Defender of the Year 2022 by the Belarusian human rights community. Yet, in the eyes of the repressive Belarusian authorities, she is a criminal and earlier in October, the government put her on a “terrorist” list.

Since 6 September 2022, Nasta has served a total of six 15-day consecutive administrative sentences on trumped-up “petty hooliganism” charges. On 24 December 2022, she was charged with “incitement of racial, national, religious or other social enmity or discord” under notorious Article 130 of the Criminal Code of the Republic of Belarus and on 20 June sentenced to 7 years in prison. [see also: https://humanrightsdefenders.blog/2023/08/11/nasta-anastasia-loika-in-belarus-sentenced-to-7-years-in-a-penal-colony/]

She was tasered, threatened, and featured in a forced “confession” video as a form of digital degrading treatment which was spread across pro-government channels before she was even charged. Her home was searched two times. Her mother’s home was searched too. She spent 93 days in detention, repeatedly sentenced to “administrative arrests” while the authorities looked for a reason to bring criminal charges against her. The charge was ultimately found, and Nasta was accused of inciting hatred for preparing a human rights report in 2018 on the persecution of anarchists and leftists in Belarus. According to the prosecution, the group she was allegedly inciting hatred against was the police.

Belarusian state authorities continued to ignore both the letter of allegation sent by five Special Rapporteurs and the Working Group on Arbitrary Detention following Human Constanta’s appeal to these mandates, as well as the decision on interim measures, adopted by the Human Rights Committee in Nasta’s case.

Her lawyers were repeatedly arrested, disbarred, forced out of the country, and intimidated – hardly a surprising occurrence given en masse persecution of independent lawyers and outlawing of human rights work in Belarus. Disbarment of human rights lawyers is one of the tools the authorities consistently employed to intimidate and persecute lawyers who represent human rights defenders, activists, democratic politicians, and survivors of torture and state-perpetrated human rights violations.

Any assistance to Nasta is punished as well: two people were arrested for 15 and 30 days for bringing her parcels with food and essentials. Now that she has been sentenced, she is only able to receive parcels from her 76-year-old mother, her only family member. Moreover, as she was designated a “terrorist,” it would be impossible to make monetary transfers as those would be characterized as “financing terrorism.”

Nasta also continues her human rights work from behind bars: she helped dozens of other women cellmates to file complaints related to their cases. She also drafted a concept of prison reform in Belarus. This is a powerful reminder that persecution and imprisonment cannot force human rights defenders to stop their work.

In fact, their voices can be amplified not just through letters, but through technology and social media. While the authoritarian government is set on silencing human rights defenders, the Human Constanta team used AI to create Nasta’s animated digital avatar to raise awareness about human rights violations and political persecution of human rights defenders, demand accountability, and support those in detention. The “Human Show” podcast called “Waiting for Nasta” featuring her colleagues and friends also reminds the world about her work and unjustified detention.

“A young girl came up to me [at an event in honor of a human rights award] and said: “Hello, my name is Nasta. I graduated from law school, I’ve entered law school, and I would really like to do human rights work, but I don’t know how. Maybe you could give me some advice?” […] I told her, yes, of course, come to our Committee. She came to the Committee a couple of days later and we hired her. That became her first human rights work.”

Excerpt from “Waiting for Nasta” podcast, episode 1

“And then I asked, “Do you know exactly what you’re doing? This may be the last chance [to flee Belarus].” And Nasta replied very calmly that she was aware of all the risks, that she understood the situation, and that it was not blind stubbornness. In my mind, Nasta lives her life as a person with very high values, who is ready to stand by them to the end.”

Excerpt from “Waiting for Nasta” podcast, episode 2

We call on the Belarusian authorities for Nasta Lojka’s immediate and unconditional release and condemn the physical and psychological torture Nasta was subjected to by state agents. Nasta Lojka’s arrest, torture, and imprisonment are retaliation by the Belarus government for her peaceful and legitimate human rights work.

We continue to call upon the international community to take measures to urge the Belarusian authorities to respect their obligations towards human rights defenders, by raising awareness in various fora, publicly condemning human rights violations, requesting visits to human rights defenders in detention, and inquiring with the Belarusian authorities about their health and detention conditions, demanding the release of imprisoned human rights defenders in bilateral and multilateral fora, exploring additional targeted measures against the individuals allegedly responsible for the torture, ill-treatment, arbitrary detention and harassment of human rights defenders, and keeping the situation of defenders in Belarus high on the political agenda.

We also call to utilize and explore available mechanisms for holding the Belarusian authorities account for human rights abuses against human rights defenders, inter alia, by means of extraterritorial and universal jurisdiction and inter-state complaints under relevant treaties, and through strengthening existing accountability mechanisms.

https://www.fidh.org/en/region/europe-central-asia/belarus/belarus-nasta-loika-human-rights-defense-behind-bar

Human rights NGOs use Financial Action Task Force (FATF) review to help human rights defenders in India

November 7, 2023

Amnesty International, C&SN and HRW accuse Indian government of harassing human rights activists and NGOs; the organisations seek FATF’s intervention days before the India’s performance with respect to action taken against money laundering and terrorist funding is up for review

On 6 November 2023, The Hindu newspaper (TH) reports that NGOs are accusing the Indian government of prosecuting, intimidating, and harassing human rights defenders, activists, and non-profit organisations on the pretext of countering terrorist financing, Thus Amnesty International, Charity & Security Network (C&SN), and Human Rights Watch (HRW) have sought the intervention of the Financial Action Task Force (FATF).

FATF mutual evaluations are in-depth country reports analysing the implementation and effectiveness of measures to combat money laundering, terrorist and proliferation financing. The reports are peer reviews, where members from different countries assess another country. Mutual evaluations provide an in-depth description and analysis of a country’s anti-money laundering and counter-terrorist financing system, as well as focused recommendations to further strengthen its system. During a mutual evaluation, the assessed country must demonstrate that it has an effective framework to protect the financial system from abuse.

The FATF conducts peer reviews of each member on an ongoing basis to assess levels of implementation of the FATF Recommendations, providing an in-depth description and analysis of each country’s system for preventing criminal abuse of the financial system.

The joint statement of the 3 NGOs came on November 3, days before the start of FATF’s periodic review of India’s performance with respect to the action taken against money laundering and terrorist funding. They have accused the authorities of exploiting FATF’s recommendations “to restrict civic space and stifle the rights to freedom of expression, association, and peaceful assembly”. “Draconian laws introduced or adapted to this end include the Foreign Contribution (Regulation) Act (FCRA), the Unlawful Activities (Prevention) Act (UAPA), and the Prevention of Money Laundering Act (PMLA)…,” the groups said. See also: https://wordpress.com/post/humanrightsdefenders.blog/22074

“During its third FATF review, in 2010, the Indian government itself recognised the risk posed by the non-profit sector as ‘low’. However, since the Bharatiya Janata Party (BJP) came to power in 2014, the authorities have used overbroad provisions in domestic law to silence critics and shut down their operations, including by cancelling their foreign funding licences and prosecuting them using counterterrorism law and financial regulations,” the groups alleged.

https://www.thehindu.com/news/national/amnesty-international-csn-and-hrw-accuse-indian-govt-of-harassing-human-rights-activists-and-ngos/article67504479.ece

https://www.fatf-gafi.org/en/topics/mutual-evaluations.html

Tanzanian civil society validates a human rights defenders policy

November 7, 2023

On 19 October, with the support of ISHR, the Tanzanian Human Rights Defenders Coalition organised a one day event with defenders from all around the country to reflect on the 25th anniversary of the UN Declaration on human rights defenders and validate the civil society led draft on the promotion and protection of the rights of defenders in Tanzania.

The Tanzanian Human Rights Defenders Coalition (THRDC) gathered defenders from all regions of the country to celebrate the 25th anniversary of the UN Declaration, discuss its implementation in the country and the needs to strengthen their legal framework for the promotion and protection of the rights of defenders through the adoption of a policy on human rights defenders.  This is an interesting case as “human rights defenders policies” are usually to be found in the West; see: https://humanrightsdefenders.blog/2016/12/13/canada-joins-select-group-of-governments-with-guidelines-on-human-rights-defenders/.

The event was attended by Minister of Constitutional and Legal Affairs Hon. Dr. Pindi Chana who highlighted notable human rights achievements under the ongoing leadership of Honourable President Samia Suluhu Hassan such as the opening of legal aid services in all regions of the country and the establishment of a special commission which will work with various stakeholders to achieve the necessary reforms to better protect and promote human rights in the country. 

Discussing and reflecting on the advancement in Africa since the adoption of the UN Declaration on human rights defenders (‘the Declaration’), speakers highlighted the numerous legislative progress in some countries and the increase in legislative restrictions in others. 

The legal recognition and protection of human rights defenders is crucial to ensure that they can work in a safe, supportive environment and be free from attacks, reprisals and unreasonable restrictions. The legal recognition and protection of defenders also contributes to the broader goals of upholding human rights, and promoting democracy, good governance, sustainable development and respect for the rule of law. In Africa, in the past ten years, 5 countries adopted specific laws protecting the rights of defenders, recognising the need and obligations that follow the adoption of the UN Declaration.

Speakers also highlighted the importance to recognise that while the adoption of the Declaration was an incredible progress, defenders still face a high number of violations for enjoying their right to defend rights.  

It is not easy to be a defender, especially in Africa,’ said Washington Katema, Executive Director of the Southern Africa Human Rights Defenders Network. ‘Defenders must be safe and not silenced. Defending human rights is not a crime and, to our colleagues from the Government, defenders are not the enemy of the State, rather, they stand for those who can not stand for themselves. Defenders are everywhere, so as we reflect on the 25th anniversary of the UN Declaration on defenders, let’s also reflect on the Africa we want. An Africa where defenders are free from reprisals, arrests, intimidations and assassinations’ . 

The draft policy was then presented to the participants. Among other things, it includes important principles and rights such as the right to freedom of expression, freedom of peaceful assembly, ensuring that decisions on registration, suspension and de-registration of organisations are taken by a mechanism the majority of whose members are from civil society or that organisations shall be self-governing and free to determine their internal management structures. The policy also provides for State obligations such as the need to ensure an enabling environment for defenders or that laws and administrative measures adopted by the government should protect, not impede the peaceful activities of defenders. Furthermore, defenders discussed the importance of sensitising the authorities to the specificities of the violations faced by vulnerable groups such as Indigenous and LGBTIQ+ defenders. 

As Tanzania embarks on this journey, it is important that the ownership of this process goes beyond this assembly. It is important that marginalised and discriminated-against groups, such as women defenders, are included in this process.

Finally, the draft policy was adopted by civil society and a commitment was made by the office of the Minister of Constitutional and Legal Affairs to kickstart the process with a particular attention given to the needs expressed by defenders. 

https://ishr.ch/latest-updates/achpr77-tanzanian-civil-society-validates-a-human-rights-defenders-policy/

40 years of HURIDOCS: a bit of history

November 6, 2023

Join in exploring the vital role the NGO HURIDOCS plays in shaping the landscape of human rights today. Hear from past and present directors, board chair and senior documentalist about our ongoing impact (admittedly including my good self).

As HURIDOCS celebrates 40 years of commitment to human rights, it shared a video which is not only a retrospective, but a testament to its ongoing role and impact in the world of human rights information.

In this video, the HURIDOCS team sat down with individuals who have been instrumental in shaping HURIDOCS throughout its history. This includes our co-founder, our senior documentalist, a dedicated board member, and past and present directors, all sharing their unique insights.

“Information has always been the key to human rights work and that is still the case. Being organised, sharp, learning from our history and not being afraid to go into the future fighting for truth, justice and human rights with all of the tools that are available to us. That is the civil society we want to see, that is the civil society we want to support!”

Danna Ingleton, HURIDOCS Executive Director

https://www.youtube-nocookie.com/embed/8UArMYSaMx8

Find out more about HURIDOCS’ history here. See also: https://humanrightsdefenders.blog/category/organisations/huridocs/