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HRDs from Hong Kong fear arrest warrants and bounty

July 19, 2023

On 13 July 2023 the ITUC has protested to the Hong Kong authorities, the ILO and the UN over its deep concern about the escalation in the climate of fear, intimidation, arrests, arbitrary prosecutions, threats for the exercise of trade union rights and civil liberties in Hong Kong.

In particular, the disproportionate and unwarranted extra-territorial application of the National Security Law to target trade unionists, human rights defenders and pro-democracy advocates by the Authorities of the Hong Kong Special Administrative Region (HKSAR) undermines its commitment to fulfil their international obligations.

The ITUC has called on the HKSAR Chief Executive Officer to respect and fully implement the conclusions and recommendations of ILO supervisory bodies and UN Human Rights bodies, in law and practice, including those regarding the National Security Law.

And he has been urged to release all those arrested and imprisoned for allegations related to the exercise of civil liberties including freedom of assembly, expression, press and association and those participating in pro-democracy activities.

On 4 July 2023, the HKSAR authorities announced, under the National Security Law, the issuance of arrest warrants against eight human rights defenders and pro-democracy advocates and placed a bounty of HK$ one million on each of their heads.

ITUC Acting General Secretary Luc Triangle said: “We unequivocally deplore the HKSAR authorities’ criminalisation and securitisation of trade union and democracy-promoting activities. We consider it particularly egregious, especially given the risks to life and safety faced by trade unionists, human rights defenders and pro-democracy advocates around the world for their legitimate activities, that the HKSAR authorities approved and announced a bounty on the heads of these eight people for exercising their civil liberties or trade union rights.

“As a special administrative region of a member State of the ILO, China, the HKSAR is also obliged to respect and promote the fundamental principles and rights at work including freedom of association and treat with the utmost regard, the authoritative guidance of the ILO’s supervisory bodies.”

The ITUC letter of protest sets out the recent findings of the ILO and other UN bodies on the abuse of workers’ and trade union rights by the HKSAR. It says that seeking to apply the National Security Law in an extraterritorial manner and placing a bounty on the heads of pro-democracy advocates and human rights defenders for alleged crimes related to the exercise of civil liberties and trade union rights is an overreach and certainly not proportionate – its coercive and chilling effective is wide ranging. With the use of the National Security Law in this disproportionate and arbitrary manner, the HKSAR authorities are violating their obligations under the Constitution of the ILO and Convention 87.

https://www.ituc-csi.org/hong-kong-bounty-en
https://www.ituc-csi.org/hong-kong-bounty-enhttps://www.ituc-csi.org/hong-kong-bounty-en
https://www.ituc-csi.org/hong-kong-bounty-en

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Vietnam Frees Australian democracy activist Chau Van Kham

July 12, 2023

On 11 July 2023 EFE reported that Vietnam had released Vietnamese-Australian activist Chau Van Kham, sentenced in 2019 to 12 years in prison for extremism over his ties to the Viet Tan pro-democratic party.

Australian Prime Minister Anthony Albanese said he “very much welcomes the release of Chau,” in remarks Monday from Berlin, through Australian public broadcaster ABC.

Chau’s lawyer Dan Nguyen said in a statement through Amnesty International Australia that the activist, who returned Monday night to Australia, is with his wife and two sons. He also thanked the government’s, organizations and individuals’ efforts that fought for his release.

Chau was arrested in Ho Chi Minh City in January 2019 after being accused of entering the country with a false document and sentenced in an express trial to 12 years in prison for extremism charges 10 months later. See: https://humanrightsdefenders.blog/2020/06/08/chau-van-kham-australian-human-rights-defender-disappeared-inside-vietnams-prison-system/

This was due to Chau, 73, being linked to pro-democratic group Viet Tan, considered an extremist entity in the country but a human rights organization in Australia.

Deputy Australian Prime Minister Richard Marles said Chau was released on “humanitarian” reasons and “in the spirit of friendship which exists between Australia and Vietnam,” according to ABC.

Chau is one of “more than 150 political activists in Vietnam who have been detained for peaceful acts in favor of freedom of expression,” Human Rights Watch Asia Human Rights Director Elaine Pearson said in a statement.

Pearson spoke of journalist Dang Dihn Bach and activists Mai Phan Loi, Dang Dinh Bach, and Hoang Thi Minh Hong among them and urged Australia to continue advocating for their release.

The exact number of political prisoners in Vietnam is unknown, as numbers provided by different human rights organizations have discrepancies.

While Human Rights Watch says the total exceeds 150, Amnesty International said there were 128 political prisoners in the country last year. Dissident organization Defend the Defenders raised the number to more than 250.

https://www.abc.net.au/news/2023-07-26/dan-phuong-nguyen-chau-van-kham-human-rights-vietnam-730/102646526

Vietnam Frees Australian pro-democracy activist

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Journalist Elena Milashina and lawyer Alexander Nemov severely attacked in Chechnya

July 10, 2023

Rights defenders are sure of Chechen law enforcers’ involvement in attack on Milashina says Roman Kuzhev, СK correspondent

The attack on the journalist Elena Milashina and the advocate Alexander Nemov has to do with Milashina’s publications in which she wrote about human rights violations in Chechnya, human rights defenders have noted.

The “Caucasian Knot” reported that on July 4, Elena Milashina, a journalist of the “Novaya Gazeta” outlet, and Alexander Nemov, an advocate for Zarema Musaeva, were attacked in Chechnya. They were beaten up by masked gunmen when they were on the way from the airport to Grozny, where the verdict in the case of Zarema Musaeva was to be announced. The head of Chechnya, Ramzan Kadyrov, has promised to “sort things out”; and Akhmed Dudaev, the head of the Chechen Press Ministry, have pointed out that “the style of Western intelligence services” is seen in the attack.

Svetlana Gannushkina, the head of the “Civic Assistance” Committee, is sure that the attack had to do with Milashina’s human rights activities. “They were waiting for her there to beat her for her so much writing on human rights issues, conducts inquiries and shows the real Chechnya,” Ms Gannushkina has stated.

According to her version, the attackers are definitely law enforcers. Gannushkina* has also added that the attackers would not be identified and punished. Oyub Titiev, a human rights defender, is also sure that Milashina was the attackers’ target. “Only law enforcers can beat a woman so openly and with such cruelty,” he has stated.

Ruslan Kutaev, the president of the Assembly of Caucasian Nations, is sure that Milashina would have been attacked at any moment while in Grozny.

A criminal case on the attack on Milashina and Nemov can be initiated under several articles, said Galina Tarasova, a lawyer. According to her story, the case should have been transferred to the central office of the Investigating Committee of the Russian Federation (ICRF).

This article was originally published on the Russian page of 24/7 Internet agency ‘Caucasian Knot’ on July 5, 2023 at 08:07 pm MSK. https://eng.kavkaz-uzel.eu/articles/62817

Many other human rights groups reported on this:

https://www.frontlinedefenders.org/en/case/human-rights-defenders-aleksandr-nemov-and-elena-milashina-attacked-and-severely-beaten-0

https://www.democracynow.org/2023/7/6/elena_milashina_attack

https://www.hrw.org/news/2023/07/04/journalist-and-human-rights-lawyer-viciously-attacked-chechnya

https://www.ohchr.org/en/press-releases/2023/07/russia-un-experts-dismayed-violent-attack-against-journalist-yelena

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Pressure on India continues to clear father Stan Swamy’s name

July 10, 2023

On 6 July 2023 UCA News reporter reported on efforts at the second death anniversary of the Jesuit priest Father Stan Swamy, who was falsely charged with terror-related laws, See also: https://humanrightsdefenders.blog/2020/10/11/the-indomitable-father-stan-swamy-defending-the-adivasis-and-the-dalits-a-cause-of-arrest/

A group of rights activists in India have urged President Droupadi Murmu to withdraw terror-related cases against late Jesuit Father Stan Swamy and 15 other accused in the 2018 Bhima Koregaon violence case.

“It is a false case registered against Father Swamy and others and it should be withdrawn,” said Father Antony P.M, a social activist at a gathering to mark the second death anniversary of the priest, on July 5 in the eastern Jharkhand state. Tributes were paid to the Swamy across the country.

He said a group of activists is appealing to the president, who hails from an indigenous community in eastern India, to use her good office to withdraw “the totally false case registered against right defenders,” Antony told UCA News on July 6.

The activists had gathered in front of the Raj Bhavan, the official residence of the Jharkhand governor, in the state capital Ranchi. It was organized by the Shahid Father Stan Swamy Nyaya Morcha (Martyer Stan Swamy Justice Forum). 

“Father Swamy, who fought for the rights of indigenous people in Jharkhand finally had to die for want of medical care as a prisoner,” said Antony, the director of Bagaicha, a Jesuit social center in Jharkhand, where Swamy lived and worked.

Murmu served as the governor of Jharkhand when Swamy’s residence in Ranchi was raided twice and the federal terror investigative agency arrested him in 2020.

He was accused of having links with outlawed Maoists along with 15 well-known human rights activists accused in a case linking them to a violent clash in Bhima-Koregaon village in western Maharashtra state in 2018. 

The late priest and others including rights activists, lawyers, academicians, and writers, were also charged under the provisions of a draconian anti-terror law, the Unlawful Activities Prevention Act (UAPA), alleging they had conspired to unleash violence in Bhima-Koregaon.

The priest was also accused of sedition and conspiring with Maoist rebels to overthrow the federal government. 

The 85-year-old activist priest died as an under trial prisoner in a private hospital in Mumbai, the capital of Maharashtra.

“We hereby request Your Excellency to take cognizance of the entire Bhima-Koregaon case wherein the intention of the state and the investigation agencies is highly suspicious and does not inspire any confidence in common citizens,” they said in a memorandum.

“Several independent investigations, including by US-based Arsenal Consultancy, have exposed how the case, based on fabricated evidence, is just a witch-hunt by the state,” it said.

“We request that all the human rights activists be immediately released on bail, the case and prosecution be withdrawn and criminal proceedings be initiated against those responsible for fabricating and planting evidence,” the memorandum added.

It also briefly provided details of the findings from Arsenal Consultancy, a digital forensic lab, that said digital evidence was planted on the computer of Father Swamy and others, leading to their arrest and incarceration.

Antony further demanded the scrapping of the draconian UAPA, under which Swamy was arrested.

“Once a person is charged under the UAPA, he/she is not treated well in jail even if there is no connection with the case remotely,” the priest said, citing the example of Swamy.

Despite suffering from Parkinson’s and other age-related diseases, Swamy was denied bail by both the trial court and the high court before his death.

“If the jail authorities cared for him well or the courts had granted bail in time, I think he would have been with us,” Antony, also a Jesuit, observed.

“The investigating agency has still not filed the charge sheet and activists are languishing in jail. This is a gross violation of human rights,” the priest said. 

Indian Jesuits have approached the Mumbai High Court seeking “to clear his name from the false cases” that led to his arrest, imprisonment and death in custody.

https://www.ucanews.com/news/activists-urge-indian-president-to-clear-stan-swamys-name/101875

Challenge to live Father Stan’s legacy today

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Killing of trade union leader, Shahidul Islam, in Bangladesh

July 10, 2023

On 6 July 2023 Oxfam issued a statement that it stands in solidarity with the Bangladesh Garment and Industrial Workers Federation (BGIWF), trade union leaders and all human rights defenders who stand up for workers’ rights and protect human rights.

Oxfam learned of the horrific news of the brutal murder of Shahidul Islam, a union leader who was beaten to death on June 25th for his labour rights activism in Gazipur, a major garment industry hub on the outskirts of Dhaka, Bangladesh. He was an organizer of the BGIWF for 25 years advocating for workers’ rights as a trade union organizer, and was attacked and killed for standing up for basic human rights. We mourn not only the loss of an individual but also the loss of a powerful voice that championed the rights and well-being of workers, including the right to a living wage. We extend our sincere condolences to the grieving family, friends, colleagues and allies mourning his loss.

Kalpona Akter, the president of BGIWF, said: “Shahidul mobilised thousands of workers to join unions, empowering them to become solid factory-level trade union leaders. Throughout his life, he assisted thousands of workers in receiving arrears and severance pay wrongfully denied by their employers. With workers’ needs always in mind, Shahidul and three other union leaders met on the evening of his death to discuss a peaceful resolution to a wage dispute and the Eid-ul-Azha festival bonus. He met his fate due to the industry’s ill practice to promote yellow unionism for years and the neglect of workers’ voices. This needs to stop. Let our workers be free to organize and join unions. Shahid’s contributions to the labour movement were remarkable and will be sorely missed.”

Ahmed Sharif, a union organizer who was wounded in the attack, told the Guardian “As soon as we came out of the gate, a group of assailants grabbed Islam and separated him from us. They started cursing and randomly beating us, particularly Islam, some of them were kicking him mercilessly.”

As an organisation dedicated to the fight to end poverty and injustice, we are deeply concerned by the murder of Shahidul Islam. This tragic incident highlights the vulnerability of union leaders and activists fighting for workers’ rights. Oxfam joins BGIWF in demanding a thorough investigation and ensure justice is served for the death of Islam. We further call on all brands and stakeholders to conduct ethical purchasing practices upholding human rights within their supply chain and paying a living wage. We call on the government of Bangladesh to step up their protection of trade unionists who are exercising their fundamental human rights to freedom of association and collective bargaining.

Oxfam stands in solidarity with BGIWF, raising a resounding call for justice in the case of Shahidul Islam and demanding the unwavering safety of workers, union members and human rights defenders. We stand united in their relentless struggle to defend workers’ rights at Prince Jacquard Sweaters Ltd factory and in workplaces across Bangladesh. Together we demand accountability and an end to the systemic violations that perpetuate injustice.

Background

Shahidul and his colleagues were attacked after leaving the meeting with the management of a factory named Price Jacquard Sweaters Ltd to help the workers collect their due bonuses and wages. The factory management refused to comply despite being directed by the Deputy Commissioner’s (DC) office of Gazipur District to pay the workers’ salaries.

This is not the first time BGIWF has been the victim of such a fatal attack. Eleven years ago, in April 2012, another worker leader, Aminul Islam was tortured and murdered. Aminul was also an organizer with BGIWF, a vital contributor to the nation’s striving movement to advance workers’ rights. The murders of human rights defenders exemplify the extreme measures employed to suppress freedom of association in Bangladesh.

The tragic death of Shahidul, along with countless incidents of other workers being silenced by violence and fear, highlight the urgent need for change. Brands are responsible for ethical business practices and need to ensure that their purchasing practices are not leading to exploitation and deprivation of human rights. Brands must guarantee the right to a living wage and just, safe and healthy working conditions for garment workers.

Despite legal provisions, union leaders and activists face many challenges and restrictions such as anti-union discrimination, harassment, and retaliation against union leaders and members. Additionally, labour activists have raised concerns about the composition and independence of worker participation committees in factories. Labour activists argue that these ‘yellow unions’ are established by factory owners to exert control on workers raising concerns of workers’ rights to collective bargaining and discriminatory power dynamics.

Oxfam Canada, Oxfam Australia and Oxfam Aotearoa’s What She Makes campaign aims to transform the fashion industry into a more just and equitable space by holding brands accountable for their purchasing practices and advocating for a living wage. A living wage is the minimum amount that a worker should earn in a 48-hour work week and adequately covers workers’ and their family’s basic needs, including food, water, housing, energy, healthcare, clothing, childcare, education, transportation and savings for unexpected events. We stand united with the women who make our clothes, advocating for their right to living wages, freedom of association and labour rights.

https://www.theguardian.com/global-development/2023/jun/28/shahidul-islam-bangladeshi-labour-leader-shahidul-islam-beaten-to-death-wages-dispute

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Nice ‘tit-for-tat’ by Swedish newspaper against Turkish demands to extradite refugees

July 7, 2023

Aftonbladet, the biggest daily newspaper of Sweden published a call where it was stated that the Turkish authorities and President Recep Tayyip Erdoğan among them, are making calls, at every opportunity, for Sweden to repatriate some authors, journalists, academicians, and human rights defenders living freely in Sweden by obtaining refugee status, the number of whom ranges between 33 and 130. 

“Simultaneously with Turkey requesting Sweden to repatriate its opponents, Sweden is facing the largest organized criminal actions in its history. Almost every day comes reports of armed attacks and killings from all parts of Sweden,” the call states*.  

“It is as if anyone can be killed anywhere at any time. Most of these cruel attacks are being organized by Swedish criminals now living in luxury in Turkey. These criminals have obtained Turkish citizenship and Turkey is therefore arguing that they cannot be returned to Sweden.” 

“One such leader of a criminal gang threatening security in our country is Rawa Majid, the leader of the criminal organization called “Foxtrot” (with nickname Kurdish Fox). Another one organizing these crimes belongs to the group called Bandidos .”

“On the one side, Turkey claims to be fighting terrorism and requests that people who are in Sweden because of their political opinions to be returned to Turkey. On the other side, the country is rejecting to return to Sweden criminals of grave offences, people who risk the security and the future generations in Sweden. 

“No, this cannot go on Turkey! It is time to act like a serious state. Return the “Kurdish Fox” and the other criminal people from Sweden to Sweden.” 

The signatories of the call:

Kurdo Baksi, Author
Göran Eriksson, Ex-Chief of Stockholm Workers Education Center (ABF) 
Göran Greider, Author, Dala-Demokraten Gazetesi Baş Redaktörü
Pierre Schori, Ex-Minister responsible for Refugees and UN Ambassador
Olle Svenning, Author

https://bianet.org/english/politics/281229-swedish-newspaper-calls-turkey-to-return-to-sweden-the-criminals-who-live-in-luxury-here

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EU directives for SLAPPs and Media Freedom: a long journey

July 2, 2023
Protesters hold photos of slain journalist Daphne Caruana Galizia outside the office of the Prime Minister of Malta on Nov. 29, 2019

Maria Psara – writing for Euronews of 27June 2023 – says that European Union member States are trying to water down the directives for SLAPPs and Media Freedom…European lawmakers are accusing member states of trying to water down EU legislation aimed at strengthening protections for journalists and media freedom. 

The European Parliament’s Legal Affairs Committee (JURI) will on Tuesday vote on an anti-SLAPP directive first proposed by the Commission in April 2022 and that would enable judges to swiftly dismiss manifestly unfounded lawsuits against journalists and human rights defenders.  [see: https://humanrightsdefenders.blog/2022/04/28/eu-finally-moves-on-law-to-protect-media-from-legal-abuse-slapps/]

It would also establish several procedural safeguards and remedies, such as compensation for damages, and dissuasive penalties for launching abusive lawsuits. The JURI vote will form the basis of the Parliament’s position in negotiations with member states if it is also endorsed by the plenary in mid-July.

SLAPPs or Strategic lawsuits against public participation are a particular form of harassment used primarily against journalists and human rights defenders to prevent or penalise speaking up on issues of public interest. The Commission’s proposal has been dubbed as the ‘Daphne Law’ in honour of murdered Maltese journalist Daphne Caruana Galizia.

Member states, which together form the Council of the EU, have however sought to water down the text, drawing criticism for the Commission.

“I would like to express my regret concerning the weakening of the remedies against abusive court proceedings, in particular the deletion of the provision on compensation of damage and the weakening of the provision on award of costs,” Didier Reynders, Commissioner for Justice, said earlier this month after member states agreed on their negotiating position. 

Parliament is seeking to redress that with German MEP Tiemo Wölken (S&D), the rapporteur on the draft directive, telling Euronews: “We made it stronger and we also added other provisions such as a creation of an ‘one stop shop’ which the SLAPPs targets can contact to receive help by dedicated national networks of specialized lawyers, legal practitioners and psychologists.”

It is not the first time member states are accused of trying to water down a proposal on media freedom.  Earlier this month, a deal among the 27 member states on the European Media Freedom Act (EMFA) made a lot of eyebrows rise, because of a planned exemption to allow for the wiretapping of journalists. The regulation, first proposed by the Commission in September 2022, included safeguards against political interference in editorial decisions and against surveillance. The EU’s executive wanted to put focus on the independence and stable funding of public service media as well as on the transparency of media ownership and the allocation of state advertising.

“We have welcomed in particular as a political symbol the draft regulation for EMFA, as the Commission for the first time has adopted a legislative act dealing with all media, a traditionally sensitive subject dealt with at national level only,”  Renate Schroeder, director of the European Federation of Journalists (EFJ), told Euronews. Yet, the EPJ and other NGOs, still criticised the proposal as “not ambitious enough”.

“In particular we believed that Article 4 on the protection of journalists’ sources and protection from surveillance has not met Council of Europe standards. We also advocated for stronger binding rules on media transparency,” Schroeder added.

But member states are seeking to add an exemption to Article 4, introduced by France and opposed by Germany only, that would allow them to spy on journalists in the name of national security.

The original proposal sought to ensure that governments could not “detain, sanction, intercept, subject to surveillance or search and seizure” journalists in order to uncover their sources, unless “justified by an overriding requirement in the public interest” while the deployment of spyware was to be restricted only to “serious crimes”. 

The Council’s is hoping to broaden the number of offenses allowing such surveillance from 10 to 32.

“The text doesn’t protect journalists anymore and thereby makes the Act almost useless for journalists’ protection at least,” Schroeder said. 

“It still proposes useful tools when it comes to independence of public service media, transparency on state advertisement, some minimum rules on media ownership and on editorial independence. But yes, some member-states are afraid of journalism and thereby give hands to illiberal countries such as Hungary who oppose the Act. We hope the European Parliament will be firm, but we are not too optimistic,” underlined the director of EFJ.

However, on 12 July, with 498 votes to 33 and 105 abstentions, MEPs adopted their negotiating position on new rules to protect those working on matters of public interest like fundamental rights, the activities of public officials or corruption allegations.

On 27 February 2024, the European Parliament formally adopted that text, which has now been published. https://www.lexology.com/library/detail.aspx?g=105f78e8-27de-4fa3-99b1-6ed97c4d659f

European Parliament backs rules to stop abusive legal cases against journalists, human rights defenders

See also: https://www.independent.com.mt/articles/2023-07-11/local-news/Protection-of-journalists-in-the-EU-MEPs-back-rules-to-stop-abusive-legal-cases-6736253272

for Latin America, see: https://www.article19.org/resources/inter-american-commission-on-human-rights-ensure-protection-against-slapps/

https://www.euronews.com/my-europe/2023/06/26/meps-accuse-eu-countries-of-undermining-attemps-to-protect-journalists

https://www.europarl.europa.eu/doceo/document/A-9-2023-0223_EN.html

https://www.euronews.com/my-europe/2023/08/23/record-number-of-abusive-slapp-lawsuits-filed-in-europe-in-2022-report

and then on 30 November 2023: https://www.consilium.europa.eu/en/press/press-releases/2023/11/30/council-and-eu-parliament-reach-provisional-agreement-on-eu-law-protecting-journalists-and-human-rights-defenders/

and on 29 April 2024 the UN came with: https://www.ohchr.org/en/documents/brochures-and-leaflets/impact-slapps-human-rights-and-how-respond

Finally:

https://commission.europa.eu/news/new-eu-rules-protect-against-strategic-lawsuits-against-public-participation-enter-force-2024-05-03_en

https://www.hrw.org/news/2024/05/07/joint-statement-civil-society-reaction-adoption-eu-directive-combating-violence

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Martin Ennals Award moves to its 30th edition

June 29, 2023

The nomination process for this special year will open in the first quarter of 2024 and will remain live for two months, as done in the past.

A nomination form will be available in several languages. Any individual or organization can be nominated for the Award, keeping in mind these rules and criteria:  

  • Candidates must be currently active in the promotion and protection of human rights (the Award does not consider defenders who are deceased); 
  • The candidate should not employ or advocate violence;  
  • Candidates who are no longer in need of protection (e.g., because they are now in a safe environment) will normally not be considered;  
  • Self-nominations are not accepted.  

Once the nominations have been vetted by the Foundation and considered by our Jury of ten human rights organizations, the name(s) of the Laureate(s) will be released in the second quarter of 2024. 

Preparations are underway for a 30th-anniversary reunion of former winners of the Award in Geneva as well as a Ceremony, which would take place in the third quarter of 2024. 

https://www.martinennalsaward.org/martin-ennals-award-updates-on-the-2024-edition/tay tuned for more updates on our website and newsletter! 

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Human Rights Watch addresses Spain’s Presidency of the EU

June 27, 2023

On 26 June 2023 HRW called on Spain use its six-month tenure as EU Presidency to translate into concrete and bold actions commitment to protect fundamental rights and the rule of law.

Spain holds the presidency as the world marks the 75th anniversary of the Universal Declaration of Human Rights (UDHR) on 10 December 2023. In anticipation of this pivotal moment Spain should make every effort to uphold the rights and values enshrined in this historic document.

HRW calls upon the Spanish government to consider the following priority issues and recommendations:

  1. Fundamental Rights and Rule of Law in EU member states

Two EU member states – Hungary and Poland – currently face scrutiny under Article 7 of the Treaty on European Union (TEU)…

The freezing of EU recovery and cohesion funds under the conditionality mechanism represents a welcome step but it is insufficient to address the gravity of the erosion of rule of law and human rights. While Hungary and Poland have adopted some limited measures in response to requirements under the mechanism, these have failed to address fundamental and long-standing concerns. ….We urge the Council to hold the Polish and Hungarian governments to account by using the powers conferred to it under the Treaties and to fulfil the strong mandate to act given to it by the European Commission and Parliament. The urgency of Spain’s leadership and responsibility cannot be overstated as it is one of only two remaining presidencies before Hungary and Poland in turn assume leadership of the Council. It is highly likely that during that time progress on rule of law will at best stall, and at worst Article 7 scrutiny will come to an end altogether…

  1. Rights-Respecting and Principled EU Migration Policy

Spain’s EU Council presidency comes at a critical time for the EU’s migration policy after the Council agreed on 8 June on a negotiating position on an EU-wide reform of its asylum and migration system. Given its mandate to lead on behalf of member states the negotiations with the European Parliament on a final agreement, Spain has an opportunity to broaden the scope for a rights-respecting approach.

We call on your government to:

  • Support the establishment of proactive, state-led SAR operations in the Mediterranean Sea that could involve expanding the mandates and capacity of existing initiatives like EUNAVFOR MED and Frontex, funding professional rescue NGOs and ensuring predictable disembarkation.
  • Promote a discussion on the critical role of NGOs to ensure that they are fully able to carry out their lifesaving SAR activities, instead of facing obstruction and criminal and administrative penalties; and provide platforms for discussion of cooperation between member state rescue coordination centers and NGOs.
  • Advocate for independent and effective border monitoring mechanisms to document human rights violations at EU external borders, such as unlawful pushbacks, to ensure accountability for those responsible for human rights abuses and access to justice for victims.
  • Ensure that migration cooperation with third countries, and all provision of financial, technical, and material assistance, are contingent on clear and verifiable human rights commitments. 
  • Enable a constructive trialogue on the asylum procedures regulation and the asylum and migration management regulation with a view to limiting the use of accelerated border procedures, the detention of asylum seekers including families with children, and discretionary use of the “safe third country” concept.
  • Promote a discussion on establishing more safe and legal pathways for migration as called for by EU Justice and Home Affairs Commissioner Johansson.[8]
  1. Human Rights as a Pillar of EU’s Foreign Policy

The EU is equipped with solid instruments to ensure that human rights protection remains at the centre of its external action. The EU has shown resolve in its response to Russia’s invasion of Ukraine and has led at the United Nations to address key human rights crises.

..

During its Presidency, we call on your government to:

  • Continue to combat impunity for crimes committed in Ukraine, including by providing adequate resources to the International Criminal Court’s (ICC) regular budget, advocating and supporting the implementation of ICC arrest warrants, pressing Ukraine to ratify the Rome Statute and supporting independent investigations and prosecutions under universal jurisdiction.
  • Continue to support Human Rights Defenders (HRDs) at risk and share your experience with other EU member states. Encourage other EU member states to learn from and replicate Spain’s forward-leaning approach with the Program for Support and Protection of Human Rights Defenders at Risk that provides dedicated one-year residential visas for HRDs. Advocate with EU member states to use their discretion and facilitate access by HRDs to multi-year multi-entry Schengen visas in line with EU guidelines.
  • …
  • Recalibrate EU’s engagement with China to address the government of China’s human rights record through measurable deliverables; counter the government of China’s flawed narratives on its own human rights record; reject efforts to undermine international human rights institutions; lead the creation of a UN investigative and monitoring mechanism for crimes against humanity committed in Xinjiang; sanction or hold accountable those responsible for such crimes; and make plans to reduce dependency on a government that assaults human rights both domestically and in its foreign policy.

see also: https://freedomhouse.org/article/media-freedom-and-journalists-groups-call-eu-prioritise-media-freedom-reforms-and-human

HRW Letter – Spain Presidency June 2023

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Side event on the 25th Anniversary of the UN Declaration on human rights defenders

June 20, 2023

The last 25 years have seen significant developments in international law and standards on the role, recognition and protection of human rights defenders. Five years ago, the Human Rights Defenders World Summit called for action, including to: “Take stock of the developments in normative frameworks related to the protection of defenders since 1998 and further develop and deepen the norms contained in the Declaration with the view to afford enhanced protection”. [see: https://humanrightsdefenders.blog/2019/11/01/one-year-after-the-2018-human-rights-defenders-world-summit/ as well as: https://humanrightsdefenders.blog/2018/12/18/premiere-powerful-video-summarizes-human-rights-defenders-world-summit-2018/]. The Declaration +25 Project is a civil society-led initiative that seeks to do just that while putting civil society at the centre of a conversation fundamental to them and their work – the right to defend rights.

A bit too late to actually follow the event (which took place on 20 June), I like to draw attention to the programme. The event was live-streamed on ISHR’s YouTube channel.

This side event, which is co-sponsored by a number of civil society organisations,

wanted to: 

  • enhance awareness of the UN Declaration on human rights defenders, and of the Declaration +25 Project;
  • present developments in the last 25 years in international law and standards on the role, recognition and protection of human rights defenders;
  • encourage greater dialogue on the protection needs of defenders;
  • hear from human rights defenders on their protection needs and the role the Declaration has played to date. 

Speakers: 

  • Ketakandriana Rafitoson, Transparency International – Initiative Madagascar
  • Camila Zuluaga Hoyos, Colombian Commission of Jurists 
  • Robby Mokgalaka, The Groundwork Trust, South Africa
  • Birgit Kainz-Labbe, Coordinator of Civic Space Unit, OHCHR

Moderator: Tess McEvoy, International Service for Human Rights

https://mailchi.mp/ishr/human-rights-council-elections-discussions-of-candidates-aspirations-and-visions-in-new-york-and-geneva-33909?e=d1945ebb90

https://forum-asia.org/?p=38306

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