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NGOs ask EU to intervene for human rights defender Azimjon Askarov in Kyrgyzstan

July 10, 2019

On 11 June 2019 NGOs wrote a joint Letter to High Representative Mogherini regarding detained Human Rights Defender Azimjon Askarov in Kyrgyzstan. His is a wellknown case, see e.g.: https://humanrightsdefenders.blog/2015/07/23/fury-about-us-award-for-askarov-in-kyrgyzstan-backlash-or-impact/

RE: Situation of detained human rights defender Azimjon Askarov in Kyrgyzstan

Dear High Representative Mogherini,

We, the undersigned international human rights organizations, write to express our utmost and urgent concern about the ongoing wrongful imprisonment of Azimjon Askarov and the deterioration of his health, and to urge you to advocate with the Kyrgyz government for his immediate release and transfer to a safe third country for medical treatment.

As you know, Azimjon Askarov, 68, is a human rights defender and journalist who, in September 2010, was unfairly convicted and sentenced to life in prison for his alleged role in the June 2010 interethnic violence in southern Kyrgyzstan. He was found guilty of participating in mass disturbances, inciting ethnic hatred, and complicity in the murder of a police officer who was killed during the unrest. The investigation and trial into the alleged crimes were marred by due process and fair trial violations, and were conducted in a hostile atmosphere where relatives of the deceased police officer intimidated and attacked the defendants, their lawyers, and family members. Mr. Askarov’s credible allegations that he was tortured in pre-trial detention have never been properly investigated. His guilty verdict was upheld on appeal, including by the Supreme Court.

The United Nations Human Rights Committee ruled in March 2016 that Azimjon Askarov was arbitrarily detained, held in inhumane conditions, tortured and otherwise ill-treated without redress, and was not given a fair trial. The ruling noted that Kyrgyzstan “violated the author’s rights under article 14 (3) (e) of the Covenant [ICCPR].” The Committee called on Kyrgyzstan to take appropriate steps to immediately release Mr. Askarov and quash his conviction. Although the decision prompted a judicial review of his case, the Bishkek court in January 2017 handed down the same verdict as before. Askarov remains incarcerated, serving a life sentence.

The European Union (EU) has called on Kyrgyzstan to “fully implement” the Committee’s ruling in an April 2016 statement. More recently, in January 2019, the European Parliament adopted a resolution on the EU-Kyrgyzstan comprehensive agreement calling for Azimjon Askarov’s immediate release and full rehabilitation, and for Kyrgyzstan to quash his conviction and provide him with reparation.

On 18 March 2019, Mr. Askarov was transferred from temporary detention facility SIZO-1 in Bishkek to Prison Colony No. 19, located about an hour outside Bishkek, in the Chuy region.

According to one of his lawyers, who visited Mr. Askarov in prison on 10 April, “Azimjon Askarov’s health has significantly deteriorated. Askarov has lost weight, he is coughing all the time. He has a dry cough, and at times, he is unable to catch his breath. Azimjon complained that his legs are very cold, and nothing helps – not socks, shoes, or heating. He has stopped drinking fluids to lessen the number of times he must use the toilet.” His lawyer relayed that if Mr. Askarov is required to stand for long periods of time – such as during a cell check by prison officials, which happens daily – he feels light-headed and dizzy. It is also hard for him to breathe, his lawyer noted.

We are highly concerned about the ongoing denial of justice for our imprisoned colleague, the deterioration of his health, and the quality of medical care available to him in Prison Colony No. 19.

Azimjon Askarov has already served nine years in prison on a conviction handed down in a fundamentally flawed and unfair trial. Justice has never been served in his case. His continued detention is a major stain on Kyrgyzstan’s human rights record that should be addressed before the EU deepens its cooperation with the country’s authorities.

Ahead of High Representative Mogherini’s visit to Central Asia on the occasion of the EU-Central Asia Ministerial meeting in July, we urge you to do everything in your power to help Azimjon Askarov go free, immediately get the medical attention he so greatly needs, and be able to reunite with his family in a safe, third country.

We thank you for your immediate attention to this urgent matter.

Sincerely,

Amnesty International

Civil Rights Defenders

Committee to Protect Journalists

Front Line Defenders

Human Rights Watch

International Federation for Human Rights

International Partnership for Human Rights

Norwegian Helsinki Committee

https://www.hrw.org/news/2019/07/01/ngos-letter-high-representative-mogherini-regarding-detained-human-rights-defender

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NGO joint letter to UN Human Rights Council about Belarus

June 16, 2019

Five international human rights organisations (see below), urge the UN Human Rights Council to maintain scrutiny on the human rights situation in Belarus, including by ensuring the renewal of the mandate of the Special Rapporteur and seeking preventive measures to ensure against an increase in human rights violations ahead of upcoming Parliamentary and Presidential elections in Belarus.

[The human rights situation in Belarus will be considered by the HRC during its 41st session (see: https://humanrightsdefenders.blog/2019/06/14/guide-to-human-rights-defenders-issues-at-the-41st-human-rights-council-starting-on-24-june/). Since the creation of the Special Procedures mandate in 2012, Belarus has refused to cooperate with the mandate holder.]

….The Special Procedures mandate, created and renewed under item 4 of the HRC’s agenda, has been an essential and positive mechanism. When widespread violations occur with impunity in Belarus, there is no recourse to justice at a regional level as Belarus is not a member of the Council of Europe. Equally, Belarus only occasionally submits itself to a review by a United Nations Treaty Body; for instance, Belarus was recently reviewed by the Human Rights Committee, a body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights by its State parties, though this was for the first time in over 20 years. The Special Rapporteur, therefore, remains a near-solitary mechanism for bringing regular international attention to the serious human rights situation in Belarus. The mandate is particularly important for Belarusian civil society, not only as a means for reporting human rights violations but also for the preventive role that the mechanism plays, with Belarus knowing that its actions are being monitored and reported on at an international level.

Such prevention is being called on by Belarusian civil society at the moment. There are fears that upcoming Parliamentary and Presidential elections in Belarus will be a pretext for a spike in human rights violations against human rights defenders, lawyers, journalists, online activists and others, as has happened systematically during electoral periods in the past. As many will remember, it was the spike in violations that took place directly following the 2010 presidential elections that led to the creation of the current mandate. States are urged to seek guarantees from Belarus that such violations do not take place again…..

However, the HRC should also be clear that dialogue alone is not sufficient, and that Belarus’ many systemic human rights challenges need to be addressed with unambiguous and systemic action.

We urge the HRC to maintain international scrutiny over the human rights situation in Belarus by renewing the mandate of the Special Rapporteur until tangible steps are taken by the government of Belarus, including:

  • Full cooperation with UN human rights mechanisms, allowing the Special Rapporteur to visit Belarus, and concrete steps toward implementing the recommendations of the Special Rapporteur and other UN mechanisms, including the Human Rights Committee;
  • Preventive steps to ensure that the upcoming Parliamentary and Presidential elections do not see an increase in human rights violations, as in past electoral periods;
  • An end to the harassment and intimidation of independent journalists, human rights defenders, activists, government critics, and civil society organisations, including by dropping politically motivated criminal cases against them, and registering independent human rights organisations and other NGOs that apply for registration;
  • A commitment to bring the legislation of Belarus in line with international human rights standards including on the rights to freedom of expression, freedom of association and peaceful assembly and put an end to politically-motivated prosecutions;
  • The introduction of a moratorium on executions with a view to full abolition of the death penalty.

Amnesty International

Civil Rights Defenders

Human Rights House Foundation (HRHF)

Human Rights Watch

International Federation for Human Rights (FIDH)

NGO joint letter to Permanent Representatives of Member and Observer States of the UN Human Rights Council

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NGOs urge Putin not to sign Russia’s “Sovereign Internet Bill”

April 28, 2019

Participants in an opposition rally in central Moscow protest against tightening state control over the internet in Russia, 10 March 2019
Participants in an opposition rally in central Moscow protest against tightening state control over the internet in Russia, 10 March 2019  Igor Russak/SOPA Images/LightRocket via Getty Images

On 24 April 2019 nine major human rights, media and Internet freedom NGOs, called on Russian President Vladmir Putin, not to sign the so-called “Sovereign Internet Bill” as it will lead to further limitations of already restricted Internet and media freedoms in the country.

The bill (No. 608767-7) amends the laws “On Communications” and “On Information, Information Technologies and Information Protection” and states its aim as enabling the Russian Internet to operate independently from the World Wide Web in the event of an emergency or foreign threat. On 16 April 2019, the Russian State Duma approved the bill in the third reading amid widespread domestic criticism, protests and online campaigning around the country, and on 22 April, the Federation Council, the upper house of the Russian parliament, approved it. If signed by President Vladimir Putin, the bill would enter into force on 1 November 2019.

The bill creates a system that gives the authorities the capacity to block access to parts of the Internet in Russia, potentially ranging from cutting access to particular Internet Service Providers (ISPs) through to cutting all access to the Internet throughout Russia.

The bill gives control over Internet network routing to the state regulator for Telecommunications, Information Technologies and Mass Communications, Roskomnadzor. It provides that the ISPs should connect with other ISPs, or “peer,” at Internet exchange points (IXes) approved by the authorities, and that these IXes should not allow unapproved ISPs to peer. The bill would also create a centralised system of devices capable of blocking Internet traffic. The bill requires ISPs to install the devices, which the government would provide free of charge, in their networks.

Under this system, Roskomnadzor would monitor threats to Russia’s Internet access and transmit instructions to ISPs through the special devices about countering these threats. Cross-border Internet traffic would be kept under close state control. The draft does not specify what the range of instructions would be, but they could potentially include partially or fully blocking traffic both between Russia and the rest of the World Wide Web, and within Russia. Nor does the draft explain how the new equipment will work, or what specifically it will do. It is clear, however, that blocking would result from direct interaction between the government and the ISP and that it will be extrajudicial and nontransparent. The public would not know what has been blocked and why.

The bill states that the new measures will be activated in the event of a ‘security threat’. The draft does not define security threats, and instead gives the government full discretion to decide what would constitute a security threat and what range of measures would be activated using the new system to address a threat.

The bill also states that Russian ISPs remain obligated to filter and block content in accordance with existing Russian law.

Further, the bill creates a national domain name system (DNS) – a system that acts as the address-book for the Internet by allowing anyone to look up the address of the server(s) hosting the URL of a website they are looking for. The bill would require Internet providers to start using the national DNS from 1 January 2021. Forcing ISPs to use the national system will give Russian authorities the ability to manipulate the results provided to the ISP outside the ISP’s knowledge and control. Authorities will be able to answer any user’s request for a website address with either a fake address or no address at all. This not only allows them to conduct fine-grained censorship but will also let the national DNS to redirect users to government-controlled servers in response to any DNS requests instead of to a website’s authentic servers.

These proposals are very broad, overly vague, and vest in the government unlimited and opaque discretion to define threats. They carry serious risks to the security and safety of commercial and private users and undermine the rights to freedom of expression, access to information and media freedom.

The bill contravenes standards on freedom of expression and privacy protected by the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR), to which Russia is a party. Both treaties allow states to limit freedoms to protect national security but impose clear criteria for such limitations to be valid. The UN Special Rapporteur on freedom of expression, commenting on the ICCPR, has reiterated that these limits should be “provided by law, which is clear and accessible to everyone,” and be predictable and transparent.

Human Rights Watch, ARTICLE 19 and other undersigned organisations are extremely concerned that the changes introduced in the bill threaten human rights and freedoms in Russia. Open, secure and reliable connectivity is essential for human rights online, including the rights to freedom of expression, information, assembly, privacy and media freedom. The bill could pose a threat to the Internet’s rights-enabling features if access to the World Wide Web is wholly or partially cut off, or if arbitrary blocking and filtering of content is carried out. It would facilitate state surveillance and curb anonymity online. It also risks severely isolating people in Russia from the rest of the world, limiting access to information and constraining attempts at collective action and public protest. The Bill’s negative impact on the freedom of expression will also affect the rights of journalists and media to work freely.

The adoption of the bill should be seen in the context of other Russian legislation that severely undermines protection of freedom of expression and privacy online and fails to meet international human rights standards. These include:

. The 2016 ‘Yarovaya Law,’ which requires all communications providers and Internet operators to store metadata about their users’ communications activities, to disclose decryption keys at the security services’ request, and to use only encryption methods approved by the Russian government. It was adopted to allegedly counter ‘extremism’ but in practice, it creates a backdoor for Russia’s security agents to access Internet users’ data, traffic, and communications.

. In 2017, Federal Law 327-FZ made amendments to the ‘Lugovoi Law’ (Federal Law FZ-398, 2013) that gave the General Prosecutor or his/her deputies a right to block access to any online resource of a foreign or international NGOs designated ‘undesirable’; and, to ‘information providing methods to access’ the resources enumerated in the ‘Lugovoi Law’, i.e. including hyper-links to old announcements on public rallies not approved by local authorities.

. The recent March 2019 bills mandate blocking and penalizing websites that publish what authorities deem to be “fake news” and “insult” to authorities, state symbols, and what the legislation vaguely describes as Russian “society.”

The President of the Russian Federation should reject the bill. The Russian Government should also review other Internet related legislation, abolish the above listed laws and bring its legal framework to full compliance with international freedom of expression standards.

ARTICLE 19

Civil Rights Defenders

Committee to Protect Journalists

Human Rights Watch

International Federation for Human Rights (FIDH)

International Media Support

International Partnership for Human Rights

Norwegian Helsinki Committee

PEN International

Reporters without Borders

https://www.ifex.org/russia/2019/04/24/sovereign-internet-bill/

https://www.hrw.org/news/2019/04/24/joint-statement-russias-sovereign-internet-bill

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Civil Rights Defender of the Year Award 2019 goes to Hungarian Márta Pardavi

April 5, 2019

Hungarian human rights lawyer Márta Pardavi has been awarded the Civil Rights Defender of the Year Award 2019. As an outspoken critic of the Hungarian government and its policies, Márta is often smeared and her work discredited. The award is a recognition of her work of many years, fighting against the attempts to systematically dismantle democracy, normalisation of xenophobia and hate crimes in Hungary.

Márta Pardavi is the Co-chair of the Hungarian Helsinki Committee, one of Hungary’s leading human rights organisations. The Hungarian Helsinki Committee is a watchdog organisation that protects human dignity and the rule of law through legal and public advocacy methods. Being both vocal and successful in its activities, and particularly because of their work to support asylum seekers, the organisation has become a prime target of the government’s toxic campaigns.

“Democracy is under threat all over the world and now we see what authoritarians do when they get to power. They target critics, human rights defenders and treat marginalised groups as threats to society. We see this happening in Hungary, but also in other countries such as Poland. This award sends a very strong message, that our work is recognised, and that we as civil society organisations will continue to defend democratic values”, said Márta Pardavi.

Márta Pardavi, Civil Rights Defender of The Year 2019

“For many years, human rights lawyer Márta Pardavi has courageously defended civil and political rights in Hungary. She is leading the Hungarian Helsinki Committee’s work in the field of refugee protection, and with dignity and professionalism, confronts those who attempt to systematically dismantle civil society and normalise xenophobia and hate crimes. For her dedication and exceptional contribution to resist inhumane treatment of the most vulnerable, Márta is awarded the Civil Rights Defender of the Year 2019”, , said the Board of Civil Rights Defenders in its motivation.

During the first two decades of Hungary’s post-communist history, the country was a young but stable democracy, and a role-model of successful transition from authoritarianism to democracy. Today, Prime Minister Viktor Orbán has been in power almost a decade, a period during which Hungary has undergone dramatic changes. Too many posts in this blog have been devoted to this, see e.g.: https://humanrightsdefenders.blog/tag/hungary/.

….But despite this climate, human rights defenders and human rights organisations continue to challenge state policies and propaganda, and the public support for their activities is growing.

“Many civil society organisations are working to address this and while it was probably both unwanted and unintended, the Hungarian government’s pressure has made us better at working together, making us stronger. And the same is true for the government’s anti-NGO campaigns – we have seen that civil society support is growing as an unintended consequence of the state propaganda”, said Márta Pardavi.

For  more on the Civil Rights Defender of the Year Award, see: http://www.trueheroesfilms.org/thedigest/awards/civil-rights-defender-of-the-year-award

https://crd.org/2019/04/04/civil-rights-defender-of-the-year-2019-marta-pardavi/

 

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Human Rights Defender Yared Hailemariam back in his homeland Ethiopia after 13 years

February 12, 2019

Human Rights Activist Yared Hailemariam Yared Hailemariam

Yared Hailemariam is the Executive Director of the Association for Human Rights in Ethiopia (AHRE), a non-governmental and non-partisan organisation based in Brussels and Geneva, founded by activists that fled the country and other members of the Ethiopian diaspora. He served as a lead investigator at the Ethiopia Human Rights Council (HRCO) for seven years before being forced into exile in the aftermath of the heavily contested 2005 election in the country.

The post-2005 period saw a massive crackdown on civil society through the enactment of draconian legislation, and the implementation of two states of emergency that allowed for the brutal repression of thousands of demonstrators, journalists, and HRDs. During this time, AHRE, based in exile, focused on advocacy, protection and capacity-building for Ethiopian HRDs, and producing research highlighting the deteriorating situation in Ethiopia.

However, when the reformist agenda of the new Ethiopian Prime Minister Dr. Abiy Ahmed began to manifest itself in 2018, Hailemariam decided it was safe to head home after more than 13 years in exile. In January 2019, he helped organise a civil society meeting and workshop in Addis Ababa which brought together national and international civil society organisations (CSOs) to forge a path forward after years of restrictions and repression. [see also: https://humanrightsdefenders.blog/2016/09/09/un-human-rights-council-urged-to-address-situation-in-ethiopia/]

“This is a huge chance for civil society. Because of bad laws and the previous government, our work was totally crippled and paralysed, but there are many good signs that our presence is welcome like it wasn’t before. It’s a bright future for civil society as a result of these changes.”

Hailemariam hopes to help rebuild civil society in Ethiopia by bringing together HRDs returning from exile with the few CSOs that were able to remain in the country and weather the storm. He says that while the new reforms are positive, these changes must trickle down to institutions and the general citizenry for them to be real and long lasting.

“The head is moving, but the legs are not. Civic reforms don’t affect the real day to day situations like unemployment or access to healthcare, so the government needs to act quickly to make real institutional reforms. Unless the whole body starts moving together, it will seriously affect the political reform.”

He acknowledges that the real struggle will be to rebuild the capacity of a civil society sector decimated by brain drain and financial insecurity. However, he hopes that with a bit of tenacity and good networking, HRDs in the country can come together before the planned 2020 elections and engage in civic education to prepare Ethiopia for a brighter, more democratic future.

https://www.satenaw.com/human-rights-defenders-month-january-2018-yared-hailemariam/

 

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Job Opening at Civil Rights Defenders’ Sarajevo Office

January 18, 2018

Civil Rights Defenders (www.crd.org) seeks a Project Assistant at its Sarajevo Office.

Qualifications and skills required:

  • B.A. in Economy, Social Sciences, Law, Political Science, International Relations or related fields/areas, including  understanding of international human rights mechanisms;
  • Minimum of one year of working/volunteering experience in the field of human rights;
  • Documented experience of work in the civil society, and/or advocacy work;
  • Excellent computer skills, proficient in Microsoft office, and the ability to learn new systems.
  • Flexibility and willingness to work simultaneously on a wide range of tasks and projects independently, as well as the ability to work collaboratively as a member of a small team.
  • Ability to plan independent and collaborative work and to deliver outputs on time.
  • Fluency in BCHS (!) and English are a must (spoken and written).

Only selected candidates will be contacted for a test and first round of interviews. Tests and interviews shall be conducted face-to-face in the Civil Rights Defenders Office in Sarajevo.

Start date: February/March 2018. This is a full time position, with a 6-month trial period.

CV and short motivation letter not later than the 28th of January 2018, via e-mail to Sarajevo.Office@civilrightsdefenders.org.

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Overview of recent campaigning for human rights defenders in Vietnam

November 18, 2017

 

The NOW! campaign, founded by 14 human rights organizations, calls for the immediate release of 165 prisoners of conscience in Vietnam. The campaign has established a comprehensive online database containing information about Vietnam’s prisoners of conscience. According to the database, Vietnam’s prisoners of conscience included bloggers, journalists, environmentalists, students, farmers, and workers who were arrested for their peaceful activism. Together, these men and women are serving 955 years and one month in prison, followed by 204 years under house arrest. Most of them were charged with violating article 79 of the criminal law, “plotting to overthrow the government”, and article 88, “conducting propaganda against the state”. But Civil Rights Defenders, one of the members of the NOW! campaign, said that the number of prisoners of conscience could be higher. [see also earlier post: https://humanrightsdefenders.blog/2016/01/14/assaults-on-human-rights-defenders-on-the-rise-in-vietnam/]

A letter signed by 17 civil society organizations urged leaders who attended the 2017 summit of the Asia-Pacific Economic Cooperation (APEC) in Vietnam to raise the issue of human rights violations committed by state forces. The letter informed APEC leaders that Vietnam has detained at least 25 peaceful activists and bloggers since last year. “This crackdown is contrary to the goal of “Creating New Dynamism, Fostering a Shared Future” which is the stated theme of this year’s APEC gathering. Arbitrary detention, censorship, and state-sponsored violence against activists and human rights defenders are not only an affront to our common humanity but a grave violation of international human rights laws and standards. We believe it is in the strong interest of APEC and of the international community to speak out against the widespread and systematic violations of human rights violations in Vietnam.”

Nine human rights groups launched the #StopTheCrackdownVN campaign decrying the crackdown of bloggers and activists in recent months and the harsh prison terms handed out to critics of the state. Don Le, a writer and member of Viet Tan political party, explained how the notorious articles 79 and 88 of the law are used by authorities to silence citizens: The law also allows authorities to filter, block or temporarily shutdown networks on the basis of any information that may be seen to “incite” mass gatherings that disturb national security and order. Given the Vietnamese government’s broad interpretation of national security, we might expect to see more attacks and shutdowns aimed at independent media and bloggers and arrests of peaceful community mobilisers.

But Vietnam is not easily impressed as the recent case of reprisals shows: Front Line Defenders reports that three human rights defenders were briefly arrested after meeting the EU Delegation in Hanoi. [On 16 November 2017, human rights defenders Pham Doan Trang, Bui Thi Minh Hang and Nguyen Quang were arrested by police after attending a meeting with the European Union Delegation in Hanoi to discuss human rights issues ahead of the EU – Vietnam Human Rights Dialogue, scheduled for 1 December 2017. After being kept incommunicado without access to legal representation, the human rights defenders were released. They remain under surveillance.] From Line adds that: Authorities in Vietnam have a habit of tightening the grip over human rights defenders and civil society ahead of international meetings. During the APEC Summit in Danang between 6 and 10 November 2017, and afterwards, during the state visits of U.S. President Donald Trump and Chinese President Xi Jinping, several human rights defenders and activists were kept under house arrest and heavy surveillance. Reports also state that human rights defenders were harassed by policemen in plainclothes to prevent them from meeting with international officials or organising demonstrations.

The Office of the UN High Commissioner for Human Rights issued a statement in July 2017 expressing concern about the detention and persecution of citizen journalists: We urge the Vietnamese authorities to immediately release all those detained in connection with their exercise of their rights to freedom of expression, and to amend the overly broad ill-defined laws that are used – under the pretext of national security – to crack down on dissent.

Meanwhile, Nguyễn Bảo Nguyên, daughter of detained dissident blogger Me Nam (Mother Mushroom) wrote a letter addressed to Melania Trump seeking help in securing the release of her mother. The United States First Lady joined President Donald Trump in Vietnam during the APEC summit.[https://humanrightsdefenders.blog/2015/04/20/vietnamese-blogger-mother-mushroom-gets-civil-rights-defender-of-the-year-award-2015/]
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The kind of blogging that got Mother Mushroom 10 years imprisonment in Vietnam

July 6, 2017

On 20 April 2015 I reported on a Vietnamese blogger nicknamed “Mother Mushroom” being awarded the Civil Rights Defender of the Year award [https://humanrightsdefenders.blog/2015/04/20/vietnamese-blogger-mother-mushroom-gets-civil-rights-defender-of-the-year-award-2015/]. Now a long piece by Visen Liu under the title ““Why did the fish die?” goes into detail about  why Vietnam thinks it needs to imprison for 10 years a mom blogger.

Prominent blogger Nguyen Ngoc Nhu Quynh, left, stands trial in the south central province of Khanh Hoa, Vietnam, Thursday, June 29, 2017. She was accused of distorting government policies and defaming the Communist regime on her Facebook posts, her lawyer said. Quynh, also known as "Mother Mushroom," denied the charges against her during her trial, lawyer Le Van Luan said. He said the prosecutors requested 8-to-10 years in prison. (Vietnam News Agency via AP)
No country for questions. (Vietnam News Agency via AP)

Last week, Vietnam convicted and sentenced her to prison for a decade on charges of “conducting propaganda against the state.” The main evidence against her? A body of writing, some 400 Facebook posts about fish deaths, China’s intervention in the South China Sea, and police brutality in Vietnam. Her Facebook posts were described by the police as “a pessimistic, one-sided view that caused public confusion and affected the people’s faith [in the State].”

Nguyen has described her writing differently, saying it was motivated by wanting to leave a better country for her children. She’s part of a wave of environmental activism that is growing in the one-party state where civil liberties and the press are severely restricted; in recent years Vietnam has seen public rallies over harm to marine life and to protect trees. Over years, from posting about parenting, she graduated to impassioned writing about the environment and human rights:

  • The 2016 fish die-off. Nguyen has often posted about the deaths of some 70 metric tons of fish in April 2016 that locals blamed on waste water from a new steel plant in the Ha Tinh province owned by Formosa Ha Tinh Steel, a subsidiary of Taiwan-based Formosa Plastics Group, a major investor in Vietnam. State-media first blamed the firm for the marine crisis, which hurt both fishing and tourism, but then back-tracked. The firm also initially said it was not to blame, sparking anger and protests. While heading to an environmental rally last May, Nguyen was assaulted in a hotel lobby, according to the Office of the United Nations High Commissioner for Human Rights (OHCHR). Later that month, Nguyen made it to another rally and managed to hold up a sign asking “Why did the fish die?” Vietnam eventually officially blamed Formosa, which has promised to pay $500 million for clean-up and compensation. Security authorities cited signs they found in Nguyen’s home, including one that says “Fish need water,” as part of their evidence against her, according to the OHCHR.

  • South China Sea In November 2015, Nguyen called on people to rally against the visit of Chinese president Xi Jinping, citing detentions of fishermen as well as China’s treatment of its ethnic minorities. Vietnam and China have ongoing territorial disputes in the South China Sea. In an earlier post she criticized Vietnam’s stance with China over the South China Sea.

  • Deaths in detention Nguyen and others compiled reports from state-owned media and put together a file called “Stop police killing civilians” about 31 people who died in police custody. The document was later criticized by the police: “[It] bears a hostile viewpoint against the people’s police force.” ….

    Offline protests Apart from blogging, she also waged her battles in offline protests. She actively participated and advocated for activities to promote a freer political atmosphere and cleaner environment. …

..She was detained and allegedly assaulted by police several times before her current incarceration. One time she faced a $66 fine over her Facebook posts. When Civil Rights Defenders, a Swedish advocacy group, awarded her the title of Defender of 2015, she was not able to receive the prize in person as she was in detention. At the same time as she was becoming an increasingly active blogger, Nguyen continued to support her family, including her two children, 60-year-old mom and 90-year-old grandmother, by working as an independent tour guide.

Things came to a head last year. Nguyen was arrested in October 2016 after she accompanied the mom of an imprisoned online activist to help her see her son. Her daughter, now 11, saw her being hand-cuffed and taken away by numerous police officers. Nguyen’s son was just two at the time of her arrest. In March, the US awarded her its “Women of Courage” award. Numerous rights groups have called for her release, including Human Rights Watch, Civil Rights Defenders and Pen America.

“Her activism has been motivated in part by her strong views that her children should inherit a country where human rights, environmental protection, and rule of law are meaningful and part of everyday reality, and not just rhetoric spouted by the ruling Communist Party,” wrote Phil Robertson, of Human Rights Watch….

Source: Mother Mushroom wants to know: The questions and Facebook posts that led Vietnam to imprison a mom blogger — Quartz

http://www.bbc.com/news/world-asia-40439837

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Even landmark UN decision does not change Cambodia’s treatment of human rights defenders

March 11, 2017

I was reading (belatedly) about the UN Special Rapporteur on the situation of human rights in Cambodia, Rhona Smith, who in January 2017 intervened strongly in the case of the 5 Cambodian human rights defenders of ADHOC (#FreeThe5KH) who have been in detention since April last year. [https://humanrightsdefenders.blog/2016/05/04/civil-society-condemns-charges-human-rights-defenders-cambodia/] Only then did I realize that the case had led a few months earlier to a landmark decision by the United Nations Working Group on Arbitrary Detention (WGAD): the first time that any UN body has referred to HRDs as a protected group.

 

 

On 21 November 21, 2016, the WGAD ruled that the ongoing detention of Mr. Ny Chakrya, Deputy Secretary-General of the National Election Committee (NEC), and four staff members of the Cambodian Human Rights and Development Association (ADHOC), Messrs. Ny Sokha, Yi Soksan, Nay Vanda, and Ms. Lim Mony, was “arbitrary.” Following a submission made by the Observatory for the Protection of Human Rights Defenders (OMCT-FIDH partnership), the Cambodian Center for Human Rights (CCHR) and the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) in June 2016, the WGAD’s Opinion No. 45/2016 ruled that the five human rights defenders (HRDs) “have been discriminated against based on their status as human rights defenders, and in violation of their right to equality before the law and equal protection of the law under article 26 of the ICCPR.” This is the first time ever that the WGAD – or any other UN mechanism receiving individual complaints – has referred to HRDs as a protected group that is entitled to equal legal protection under Article 26 of the International Covenant on Civil and Political Rights (ICCPR). The ruling also recognised the violation of the five HRDs’ “rights to offer and provide professionally qualified legal assistance and other relevant advice and assistance in defending human rights.”

 In addition, the WGAD found that the targeting of ADHOC staff members for having provided “legitimate legal advice and other assistance” violated the five HRDs’ right to freedom of association. It ruled that violations of fair trial rights (including the fact that the five were denied legal counsel from the beginning of their questioning), unjustified pre-trial detention, and statements made by the Cambodian authorities which denied the five the presumption of innocence – all of which contravene Cambodia’s international human rights obligations in respect to the right to a fair trial – are also serious enough to consider their ongoing detention as arbitrary. The WGAD concluded that “the deprivation of liberty of Ny Sokha, Nay Vanda, Yi Soksan, Lim Monyand Ny Chakrya, being in contravention of articles 7, 9, 10, 11 and 20 of the Universal Declaration of Human Rights and of articles 9, 10, 14, 22 and 26 of the International Covenant on Civil and Political Rights, is arbitrary.”

That Cambodian authorities are not impressed is shown by the continued detention of the 5 ADHOC HRDs and by the press release of 7 February 2017 calling for the cessation of the politically motivated criminal investigation of human rights defenders Am Sam-at and Chan Puthisak. Amnesty International, Civil Rights Defenders, Human Rights Watch, and the International Commission of Jurists signed the statement.

Phnom Penh 20170207 PHTO
Cambodian police detain protesters during a protest to free jailed activists in Phnom Penh, Cambodia May 9, 2016.© Reuters/Samrang Pring

Cambodian officials have accused Sam-at, a respected human rights monitor at the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) for nearly 20 years, and Puthisak, a land rights activist from Boeung Kak Lake and former prisoner of conscience, of instigating violence at an October 10, 2016 demonstration. Para-police forces, who are regularly used to suppress demonstrations, violently dispersed what had been a peaceful protest in Phnom Penh. When Puthisak attempted to prevent para-police from confiscating a drum that was being used by a demonstrator, four or five para-police attacked him, repeatedly beating him on the head with their fists, according to a video of the incident. When Sam-at tried to stop the assault, the para-police attacked him, also beating him on the head. Both men sustained injuries that needed medical attention.

“The investigation of Sam-at and Puthisak by the Cambodian authorities is a typically absurd and undisguised case of judicial harassment,” said Champa Patel, Southeast Asia and Pacific director at Amnesty International. “As usual, unnecessary and excessive use of force by the para-police goes unpunished, and those who work to promote and protect human rights find themselves subject to criminal proceedings.”

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Sources:

http://www.un.org/apps/news/story.asp?NewsID=56036#.WMP0Dhhh2V4

Cambodia: In landmark decision, UN body declares the detention of five human rights defenders arbitrary #FreeThe5KH / December 18, 2016 / Urgent Interventions / Human rights defenders / OMCT

https://www.hrw.org/news/2017/02/07/cambodia-drop-farcical-investigation-human-rights-defenders

Posted in AI, Civil Rights Defenders (NGO), FIDH, HRW, human rights, Human Rights Defenders, ICJ, Observatory for the Protection of Human Rights Defenders, OHCHR, OMCT, UN | Leave a Comment »
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2017 (5): With Trump US president, Sweden must stand up for human rights

January 24, 2017

On 24 January 2017, thelocal.se published the English version of an opinion piece originally written in Swedish by Civil Rights Defenders executive director Robert Hårdh for newspaper Dagens Nyheter. Like my post published yesterday about the call for Canada to ‘compensate’ for Trumps election [https://humanrightsdefenders.blog/2017/01/23/2017-4-canadas-year-of-real-human-rights-action/], this piece argues that Sweden, also as a member of the EU and with its current place on the UN Security council, must step forward and take a greater responsibility to protect human rights on a global level: Read the rest of this entry »

Posted in Civil Rights Defenders (NGO), EU, human rights, Human Rights Defenders | 1 Comment »
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