Archive for the 'HRW' Category

Human Rights Watch’ Omar Shakir loses his appeal in Israeli Supreme Court

November 6, 2019

On 5 November 2019, the Israeli Supreme Court dismissed the appeal against the Jerusalem District Court’s decision to uphold a deportation order against Human Rights Watch (HRW) representative in Israel and Palestine, Omar Shakir, who is accused by the State of supporting the BDS (boycott, divestment and sanctions) movement. The Court ruled that Shakir must leave the country in 20 days. [see: https://humanrightsdefenders.blog/2019/04/18/israel-deportation-of-human-rights-watchs-staff-member-again-on-the-table/]

HRW stated “Omar Shakir’s Expulsion Would Send Chilling Message“. The Israeli NGO “Human Rights Defenders Fund” issued the following statment on the case:

The Court dismissed the claim raised by Shakir’s lawyers Michael Sfard and Emily Schaeffer Omer-Man, according to which he did not violate the law that authorizes the exclusion from Israel of those who call for or support boycotting Israel or an area under its control (Amendment no. 28 to the Entry into Israel Law, 2017). The Court also rejected a request to suspend proceedings until a new Israeli government is formed following the September elections and could consider whether to proceed with the deportation.

The constitutional claims raised in the appeal were not directly addressed by the Court, which stated that the constitutionality of Amendment no. 28 to the Entry into Israel Law will be examined in a separate petition currently pending before the High Court of Justice.

The Court further dismissed the claim that Shakir did not call to boycott Israel, but was merely fulfilling HRW’s long-held mandate in calling businesses not to contribute to human rights violations in the OPT. Head of the panel of judges, Justice Neal Hendel, adopted the State’s position and asserted that Shakir’s Tweets throughout the years, including the ones he posted on behalf of HRW regarding corporate responsibility in the OPT, all amount to active and consistent promotion of boycott activity.

One of the more disconcerting aspects of the Court’s decision is the conflation of Shakir’s independent activities prior to joining HRW with actions taken more recently in his capacity as a researcher at HRW, such as HRW reports shared on his social media, as indication that there is “enough evidence to show substantial, coherent and consistent involvement of Shakir in promoting boycott, in violation of the law.” 

The most disturbing component of the ruling is the Court’s holding that the law’s application extends to those who use boycott to promote the protection of human rights in the OPT, in accordance with international law:

“[…] the subjective aim of Amendment no. 28 […] validates that a call to boycott Israel may be included within the meaning of the law, even if its reasoning is founded on the protection of human rights or on the norms of international law. In fact, it seems that the possibility of disguising a call for boycott under a human rights discourse will devoid Amendment no. 28 of its content and harm its objective aim — fighting the boycott movement. These aims demonstrate that [the text of the law] is not only limited to boycott that is based on political opposition to Israel’s control of the territories, but also includes boycott that is based on the identification of the Israeli control in the territories as a violation of international law.”   
Following that statement, the Court held that since Shakir’s activity regarding corporate responsibility in the OPT is based on his entire opposition to the legitimacy of the Israeli settlements in the OPT, his work constitutes illegal support of boycott in violation of Israeli law.

In addition, the Court stated that HRW is not considered to be a “BDS organization” and reassured that its activity will not be harmed by the decision to deport one of his representatives. Furthermore, the Court dismissed the petitioners’ concerns by stating that the current decision will not affect other human right defenders and organizations who will want to enter Israel.

Nonetheless, HRDF views this ruling as a dangerous precedent that reflects the shrinking space for human rights advocates who defend human rights in the context of the occupation.

Following the decision, Adv. Sfard stated: “Today, Israel has joined countries like Syria, Iran and North Korea, who have also deported Human Rights Watch representatives in attempt to silence criticism against human rights abuses committed in their territory. The Supreme Court’s decision gives Israel a dangerous and anti-democratic veto power over the identity of the representatives of international organizations operating in Israel and in the OPT. Today they deport Omar, and tomorrow they will deport other representatives, foreign journalists and anyone who opposes the government policies in the occupied territories.”

Adv. Schaeffer Omer-Man added: “Today’s Supreme Court ruling not only lends legitimacy to Israel’s attempts to mask its disapproval of Human Rights Watch’s activities condemning settlement activity in the OPT by deporting Omar Shakir, but it threatens to deepen the already pervasive self-censorship by Palestinian and Israeli human rights defenders who are more vulnerable than ever to persecution for legitimate advocacy against Israeli violations of international law.”

Executive Director of Human Rights Watch, Kenneth Roth stated: “The Supreme Court has effectively declared that free expression in Israel does not include completely mainstream advocacy for Palestinian rights. If the government now deports Human Rights Watch’s researcher for asking businesses to respect rights as we do across the world, there is no telling whom it will throw out next.”
 
HRDF stands in solidarity with Omar Shakir and Human Rights Watch. The decision to deport Shakir on grounds of support for boycott is only one measure in the ever-growing efforts of the Israeli authorities in recent years to delegitimize human rights defenders, silence political expression and shut down the work of human rights organizations who report human rights abuses in the OPT.

The law on which the Court’s ruling relies is only one of a long line of legislation passed in recent years designed to delegitimize and sanction human rights defenders and organizations, block their funding, impose obstacles to their work, and create a chilling effect on Israeli, Palestinian and international human rights organizations.

The State’s and the Court’s insistence on separating Shakir’s work from HRW is artificial and its purpose is solely to conceal the harsh and far-reaching ramifications of this decision, which will enable the state to dictate and censor the work of human rights organizations who monitor and report human rights abuses in Israel and in the OPT. The international community must not be affected by this attempt to separate between HRW and its employee, Omar Shakir, as giving in to such tactics would harm the solidarity and support that all human rights defenders deserve.

(contact the HRDF team with any questions you might have: noa@hrdf.org.il)

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https://www.hrw.org/news/2019/11/05/israel-supreme-court-greenlights-deporting-human-rights-watch-official

https://mailchi.mp/18f35a27e33d/update-israeli-supreme-court-dismisses-appeal-against-the-deportation-of-human-rights-watch-israel-and-palestine-director-omar-shakir?e=51113b9c0e

https://www.amnesty.org/en/latest/news/2019/10/israel-opt-amnesty-staff-member-faces-punitive-travel-ban-for-human-rights-work/

Israel: deportation of Omar Shakir must be halted and the work of human rights defenders protected

 

Kenya: human rights defenders active in outreach during October 2019

November 2, 2019

Lebanon losing its free haven status for human rights defenders?

October 14, 2019

Human Rights Watch sees a tiny light at the end of the Uzbek tunnel

October 13, 2019

Why Costa Rica should be in the UN Human Rights Council rather than Venezuela

October 6, 2019

Venezuela’s abusive government is unfit to serve on the United Nations Human Rights Council, and UN member states should defeat its candidacy, Human Rights Watch said on 4 October 2019. For years, Venezuela’s authorities have led a vicious crackdown on dissent and failed to address a self-inflicted humanitarian emergency that has sent more than 4.3 million Venezuelans fleeing the country.

Human Rights Watch takes populist leaders in UN to task

September 25, 2019

World leaders gathering for the United Nations General Assembly should reject the abusive policies of autocratic populists and promote greater respect for human rights worldwide, Human Rights Watch said ton 23 September 2019. Four leaders who have spearheaded aggressive attacks on human rights at home and at times abroad – Brazilian President Jair Bolsonaro, US President Donald Trump, Egyptian President Abdel Fattah al-Sisi, and Turkish President Recep Tayyip Erdogan – will open the annual General Debate at UN headquarters on September 24, 2019.

UAE: whitewashing specialists get help from the UK

September 14, 2019

Aimed at students aged between 16 and 18, guidelines for entrants urge them to consider “What can the world learn from the UAE’s model for tolerance?” and “How does the Year of Tolerance reflect the already established values of diversity within the UAE?”

UAE launches ‘pledge of tolerance’ despite continued crackdown on dissent

But the guidelines also tell entrants that they must abide by media laws in the UAE, which forbid criticism of the Emirati government and ruling families, its monarchical system, political decisions or “defaming public officials”. Earlier this year, the UAE upheld a 10-year jail sentence for Ahmed Mansoor, an Emirati blogger, for “insulting the UAE’s leaders online.” [see also: https://humanrightsdefenders.blog/2019/06/13/political-prisoners-in-the-emirats-are-detained-indefinitely-even-after-release-date/]

Hiba Zayadin, a Gulf Rights expert for Human Rights Watch, criticised the British government for its participation in this initiative and said it was “helping whitewash” the UAE government. “It is not just ironic to host such an initiative in one of the world’s most repressive countries, but downright irresponsible,” Zayadin told Middle East Eye. “The UAE is a country where the red lines are constantly shifting, and where journalists, academics and critics have been targeted, harassed, threatened, and jailed simply for expressing their opinions.” She added: “By launching such an initiative, the British embassy is not supporting the growth of journalism around the world so much as it is helping to whitewash a repressive regime’s near-obliteration of the space for free speech.”

Press freedom in the UAE has been a constant source of criticism for the Emirates. Reporters Without Borders (RSF) ranked the UAE at 133rd in its 2019 Press Freedom Index and described the country as the “masters of the online surveillance of journalists”.

https://www.middleeasteye.net/news/uk-under-fire-launching-uae-press-scheme

European Court rules on Sergei Magnitsky’s death

August 29, 2019

Ahmed Reda Benchemsi, HRW staff member, expelled from Algeria

August 21, 2019

Former Moroccan journalist Ahmed Reda Benchemsi. / Ph. DR

On 20 August 2019 Human Rights Watch (HRW) denounced Algeria’s expulsion of former Moroccan journalist Ahmed Reda Benchemsi, who acts as its Middle East communications and advocacy director. In a statement, the NGO recalled that Benchemsi arrived in Algeria on August 1 on behalf of the organization. Police arrested him on August 9 around 2 pm, while he «was observing the 25th consecutive Friday pro-democracy demonstration in downtown Algiers». Authorities confiscated his phone and laptop and «ordered him to provide his passwords to unlock both devices, which he refused to do».

«Ahmed Benchemsi was in Algiers simply doing his job observing human rights conditions», executive director of Human Rights Watch Kenneth Roth said. «His arbitrary arrest and mistreatment send the message that authorities don’t want the world to know about the mass protests for more democracy in Algeria», Roth added.

Benchemsi lawfully entered Algeria and revealed his professional affiliation at the request of the authorities, said HRW, recalling that the Moroccan had already made three trips to Algeria since 2017 on behalf of the organization. The Algerian authorities have not, at any time, informed Benchemsi of the charges he could be facing or the legal basis to confiscate and keep his passports, his telephone and his laptop, or to demand that he provides the passwords of the devices, he denounces. «Benchemsi’s mistreatment is a sobering reminder of the risks faced every day by Algerian human rights defenders exposing and reporting on government abuses», Roth concluded.

https://en.yabiladi.com/articles/details/82356/denounces-arrest-mistreatment-ahmed-reda.html

https://allafrica.com/stories/201908200439.html

Following threats to NGO offices in Israel, human rights defenders demand investigation

August 1, 2019

On Wednesday, death threats were found spray-painted outside the offices of Amnesty International in Tel Aviv and ASSAF, an organization which advocates for refugees and asylum seekers in Israel. (Photo: @AmnestyIsrael/Twitter)

Human rights defenders in Israel linked recent threats at three civil society organizations to the rhetoric and policies of the country’s government, which has worked to intimidate and suppress groups critical of its treatment of Palestinians and other marginalized people. Staff members at Amnesty Israel in Tel Aviv and the Aid Organization for Refugees and Asylum Seekers in Israel (ASSAF) on Wednesday found death threats written in spray paint on walls outside the organizations’ offices. A box containing death threats and a dead mouse was found around the same time at the Elifelet Children’s Activity Center, which cares for refugee children.

“We have filed a complaint with the police and we see this as the result of the ongoing campaign of incitement against aid and human rights organizations, led by the government,” tweeted Amnesty Israel. Amnesty International denounced the threats as “deplorable and malicious acts” which must be investigated and unequivocally condemned by the government.

The Israeli authorities should take a strong stand by publicly condemning these acts and making clear that attacks against NGOs will not be tolerated,” said Philip Luther, the group’s research and advocacy director for the Middle East and North Africa. “The Israeli authorities must also take steps to ensure that human rights defenders and civil society organizations more generally are effectively protected and can carry out their work free from threats, intimidation, or harassment.

[see also: https://humanrightsdefenders.blog/2019/04/18/israel-deportation-of-human-rights-watchs-staff-member-again-on-the-table/ ]

…………”This is not the first time we are being threatened,” ASSAF wrote in a post on Twitter. “This is the result of the ongoing incitement campaign against aid and human rights organizations in Israel—with the encouragement and backing of politicians and public figures.” “You have to make sure this is the last time,” the group added, addressing authorities.