No country for questions. (Vietnam News Agency via AP)
With a blue fish painted on her cheek, a smiling Nguyen Ngoc Nhu Quynh stares out from her Facebook page, where she writes in Vietnamese under the name Mẹ Nấm, or Mother [of] Mushroom. Nguyen, a single mom and tour guide, began blogging over a decade ago adopting her daughter’s nickname as part of her writing name; in recent years she’s sometimes added on “Bear,” a nickname for her younger child.
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….
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 ofNy 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.
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.”
Azerbaijan’s Supreme Court has commuted a seven-and-a-half-year prison sentence against prominent human rights lawyer Intigam Aliyev, paving the way for his release after nearly a year in prison
On 7 April 2016 Azerbaijan human rights lawyer Intigam Aliyev was awarded the Civil Rights Defender of the Year Award in Stockholm by the NGO Civil Rights Defender. Released in March (see: https://thoolen.wordpress.com/2016/03/28/human-rights-defender-intigam-aliyev-freed-in-azerbaijan-today/) his son Najmin Kamil came to accept the award and said, “My father dedicated his tireless and selfless work to the promotion and protection of human rights, and sacrificed his freedom for the freedom of others – just because it is important for him to stand strong for what he believes in, no matter the circumstances”.
When writing about human rights awards, I often talk about better-known international awards [https://www.deepdyve.com/lp/oxford-university-press/human-rights-awards-for-the-protection-of-human-rights-defenders-qqq8FI0qeN]. However, there are quite a few local ones that can play an important role in shaping the work of human rights defenders. Here the case of Moldova where the “Promoting Human Rights in Moldova” competition was established by the United Nations in 2004. The prizes are awarded annually to journalists or human rights defenders who have made a genuine contribution to the promotion and protection of human rights in Moldova. The prizes were awarded by the Association for Independent Press in Moldova, with the financial support of Civil Rights Defenders in Sweden.
Radio Free Europe reported proudly on 23 March 2016 that their journalists working with RFE/RL’s Moldova Service were recognized for excellence in audio and video reporting on local community and human rights issues. Reporters Mihaela Gherasim and Eugenia Pogor took first and third place in the television program category, with programs on HIV and LGBTI questions.
The Institute for Human Rights and Businesshas published: Human Rights Defenders and Business – Searching for Common Ground. This is the fourth in a series of Occasional Papers by IHRB to provide independent analysis and policy recommendations about timely subjects on the business and human rights agenda. In this instance, this paper is co-published with Civil Rights Defendersand Front Line Defenders, both organisations with practical research, campaigning, and advocacy experience of the issues raised in the paper.
As cases in this Paper show, journalists exposing corruption, Internet activists demanding accountability, and community activists campaigning for land rights have all faced pressure.
More than sixty governments have passed laws in the last three years to place restraints on the ability of human rights defenders to hold their governments to account. Among those targeted are individuals and organisations who challenge economic policies or business conduct. Human rights defenders’ activities are being criminalised and they face surveillance, intimidation, lawsuits, arrests, and torture – in some cases, even death.
Companies are engaging with civil society, but mutual suspicions remain. Companies share common goals with human rights defenders – accountability, transparency, the rule of law, and due process. Companies should build on these common interests and engage human rights defenders, and where possible, speak out in their defense. To download:
The same institution – to mark International Human Rights Day 2015 – published the seventh annual list of the Top 10 Business & Human Rights Issues for the 2016 (these issues are not ranked in order of importance). The one specific on human rights defenders reads:
More than sixty governments have passed laws in the past three years to place restraints on the ability of human rights defenders to hold their governments to account for actions that undermine respect for international standards. Among those targeted are individuals and organisations who champion alternate economic paradigms or challenge government policies or business conduct. Some have faced intimidation, surveillance, lawsuits, arrests, and torture.
Twenty years ago, after a trial that failed to meet international standards, the Nigerian Government executed Ken Saro-Wiwa and eight other Ogoni leaders who opposed the activities of Shell in the Niger Delta. The case sparked global awareness of business’ human rights responsibilities beyond the factory walls, leading to the development of standards, advocacy, initiatives, codes of conducts, and eventually a comprehensive UN framework and principles for business and human rights.
Despite some progress over the past two decades, suppression of activists too often continues. The UN has passed a resolution recognising the legitimate role of peaceful activists who call out abusive behaviours, including business actions that undermine respect for human rights. Yet a growing number of governments are also passing new laws to restrain civil society activities.
In the year ahead, some governments, businesses, and NGOs will likely sharpen criticism of states that unjustifiably attack human rights defenders, as well as the companies that benefit from such crackdowns and choose to say nothing. With rising concerns over terrorism and the resulting tendency in many countries to emphasise security threats over protecting human freedoms, the road ahead for those who dissent will not be easy. The combined voice of global business will be critical in effectively promoting the legitimate role of individuals and organisations that champion human rights principles and standards in societies around the world.
Stockholm-based Civil Rights Defenders announced earlier this month that its Civil Rights Defender of the Year award for 2015 has gone to Ms. Nguyễn Ngọc Như Quỳnh. She is Coordinator for the Vietnamese Bloggers Network and well-known for her use of social media to speak out against injustices and human rights abuses in Vietnam. Quỳnh has been blogging under the pseudonym of Me Nam (Mother Mushroom) and has openly criticised the Vietnamese government over human rights abuses and corruption. She began blogging in early 2006 when she paid a visit to a hospital and witnessed many poor people in the hot sun desperately waiting for treatment, but ignored because they lacked money to bribe hospital officials.
Civil Rights Defenders reported about bloggers and the human rights movement in Vietnam in: We will not be silenced.
An array of international human rights organisations have over the last weeks focused on Azerbaijan. These four reports together give a shocking picture of the kind of repression that awaits human rights defenders: Read the rest of this entry »
The 23 defendants, including four human rights defenders, charged in Cambodia were released on 30 May, 2014. Their release comes after the Court which had convicted the defendants but suspended their sentences that ranged from six months to four and half years imprisonment together with heavy fines. They were arrested in early January during a lethal clampdown by security forces charged with bringing an end to mass protests by garment workers and pro-opposition party supporters. Local and international groups have welcomed the release of the 23. However, they express their disappointment regarding the initial convictions and subsequent sentences. The trial was also heavily criticised for lacking due process.
The Natalia Project[http://www.nataliaproject.org], the assault alarm for human rights defenders which I referred to in previous posts, won two gold and one silver at the 53rd annual Guldägget Awards in Stockholm. Guldägget [Golden Egg] is Sweden’s oldest and most prestigious competition in creative communication. The Natalia Project earned recognition for using innovative technology to safeguard individuals at risk. In his acceptance speech, Robert Hårdh of Civil Rights Defenders said, “This campaign is for real, it saves lives.” The Natalia Project was launched in April 2013 as a security solution for human rights activists at risk. In the case of an assault, a wearer can directly notify the Civil Rights Defenders, as well as the world through social media. PFO Tech developed the assault alarm bracelet, GPS tracking system and social media integration behind the Natalia Project. The bracelet and system, which is easily integrated into individual company security platforms, now protects journalists and human rights defenders around the world.
