On 4 April 2017 Nils Muižnieks, the Council of Europe’s Human Rights Commissioner, wrote about “The Shrinking Space for Human Rights Organisations“. The new EU ‘alert site I referred to yesterday [see: https://humanrightsdefenders.blog/2017/04/03/protectdefenders-eu-launches-new-alert-website-but-no-single-stop-yet/] showed in 2016 some 86 reported violations in the European (and Central Asian) region, mostly detention and judicial harassment. Also the recent CIVICUS findings of the narrowing space for civil society points in this direction. An example could be Hungary as illustrated by reports of Human Rights Watch (2016), Human Rights First (2017) and Amnesty International (2016/17); the issue of academic freedom is not directly related but part of the restrictive trend [see links below].
Middle East Eye reported on 31 March 2017 that the Emirates (UAE) had sentenced human rights defender Nasser Bin Ghaith to 10 years for ‘offensive online posts‘ (i.e. that criticised Egypt).
Dr Nasser bin Ghaith speaking at a conference (ADHRB)
After all the attention on the recent arrest of MEA Laureate, Ahmed Mansoor [https://humanrightsdefenders.blog/tag/ahmed-mansoor/], it is good to point out that he is not the only one being silenced in the UAE. On Wednesday Nasser Bin Ghaith was sentenced to 10 years in jail. Ghaith told the court he had been beaten and deprived of sleep for up to a week at a time by prison guards. The court did not specify which social media posts the charge related to or what they said. The authorities said he had published “photos and articles that are offensive to the state’s symbols and values, its internal and foreign policies and its relations with an Arab state,” which is understood to refer to Egypt. Ghaith is an Emirati economist who has lectured at the Abu Dhabi campus of the Paris-based Sorbonne University. He also worked as an economic and legal consultant to the UAE army.”By imposing this ludicrous sentence in response to his peaceful tweets, the authorities have left no room for doubt: those who dare to speak their minds freely in the UAE today risk grave punishment,” declared Lynn Maalouf, deputy director for research at Amnesty International. Amnesty called Ghaith “a prisoner of conscience, imprisoned for the peaceful expression of his conscientiously held beliefs.” See also: https://humanrightsdefenders.blog/2016/05/18/uae-emirates-human-rights-defender-nasser-bin-ghaith-ngos-censorship/
On 24 March 2017 a group of important NGOs that are active at the UN Human Rights Council made a joint statement at the end of the 34th session. These are: International Service for Human Rights, Asian Forum for Human Rights and Development (FORUM ASIA), Global Centre for the Responsibility to Protect, Human Rights House Foundation, CIVICUS, International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), Amnesty International, and Human Rights Watch. They:
….. welcome the renewal of key Special Procedures mandates, and in particular that of the Special Rapporteur on human rights defenders. At a time when defenders are under an unprecedented attack and killings of defenders are on the rise, the united stance of the Human Rights Council is key. While we welcome the restoring of consensus to this key resolution, we deeply regret the fracturing of the same on the right to food resolution, particularly given the increasing interrelationship of food insecurity, conflict and human rights violations.
At the outset of this session, High Commissioner Zeid has described 2017 as a pivotal year for the Council, and has diagnosed an attack on the entire rights-based system. To be a credible part of this system, and rise to the world’s challenges, the Council must – while appropriately engaging the concerned States – respond firmly to human rights violations and victims’ demands for accountability Some actions at this session have struck this balance in part; others – such as the decision hastily ending the mandate on Haiti – have not. The Council still fails to bring needed attention to a range of violations in countries such as Azerbaijan, Bahrain, China, Egypt, Philippines, Turkey and others.
The urgent dispatch of a Fact-Finding Mission [FFM] on Myanmar is a welcome step. We now look to you, President, to consult, including with civil society, on the appointment of the FFM’s members. But we regret the dissociation of Myanmar from the resolution, and call on Myanmar to fully cooperate with the FFM. We look to all States, including in particular those with investment, trade and business relationships with Myanmar, to fully facilitate the work of the FFM. We commend the Council for recognising the fundamental relationship between violations of human rights and the commission of mass atrocities, including by advancing accountability for such crimes in the DPRK, South Sudan, Sri Lanka and Syria.
Finally, Mr President, we are again concerned about allegations of intimidation and reprisals against defenders from Myanmar, Bahrain and Sri Lanka, including during the current session. In line with your legal obligation, we urge you to take these cases seriously, follow-up thoroughly on the allegations, and ensure that all those who engage with the body you preside over can do so safely.
For the first time, the IOC has included explicit reference to the United Nations Guiding Principles on Business and Human Rights (UNGP), which outline the human rights responsibilities of businesses, as well as references to anti-corruption standards. The Guiding Principles explain how commercial enterprises should assess human rights risks, take effective steps to avoid human rights problems, and ensure a remedy for abuses that occur in spite of those efforts.
“This is an important step by the IOC for the future,” said Sharan Burrow, International Trade Union Confederation general secretary. “Implementing the UN Guiding Principles across all major global sporting events could help break the cycle of human rights abuses, and this example from the IOC should be applied to all such events, starting now.”
The SRA’s mission is to ensure that sports bodies and mega-sporting events respect human rights, the environment, and anti-corruption requirements at all stages of the process. “Time after time, Olympic hosts have gotten away with abusing workers building stadiums, and with crushing critics and media who try to report about abuses,” said Minky Worden, director of global initiatives at Human Rights Watch. “The right to host the Olympics needs to come with the responsibility not to abuse basic human rights.”
The revised contract requires host cities to “protect and respect human rights and ensure any violation of human rights is remedied in a manner consistent with international agreements, laws and regulations applicable in the Host Country and in a manner consistent with all internationally-recognized human rights standards and principles, including the United Nations Guiding Principles on Business and Human Rights, applicable in the Host Country.”
“If implemented, the revised Host City Contract will help ensure that Olympic hosts respect ‘human dignity’ as required by the Olympic Charter,” said Brendan Schwab, head of UNI World Athletes. “This should have a ripple effect across all mega-sporting events such as the World Cup, and wherever abuses tied to sport still occur.”
[Key provisions of the revised Olympic Host City Contract include:
13. Respect of the Olympic Charter and promotion of Olympism
13.1. The Host City, the Host NOC and the OCOG undertake to abide by the provisions of the Olympic Charter and the IOC Code of Ethics and agree to conduct their activities related to the organisation of the Games in a manner which promotes and enhances the fundamental principles and values of Olympism, as well as the development of the Olympic Movement.
13.2. Pursuant to their obligations under §13.1, the Host City, the Host NOC and the OCOG shall, in their activities related to the organisation of the Games:
a. prohibit any form of discrimination with regard to a country or a person on grounds of race, colour, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth or other status;
b. protect and respect human rights and ensure any violation of human rights is remedied in a manner consistent with international agreements, laws and regulations applicable in the Host Country and in a manner consistent with all internationally-recognised human rights standards and principles, including the United Nations Guiding Principles on Business and Human Rights, applicable in the Host Country; and
c. refrain from any act involving fraud or corruption, in a manner consistent with any international agreements, laws and regulations applicable in the Host Country and all internationally-recognised anti-corruption standards applicable in the Host Country, including by establishing and maintaining effective reporting and compliance.
13.3. The IOC, through its Coordination Commission referred to in §27, shall establish a reporting mechanism to address the obligations referred to in §13.1 and §13.2 in connection with the activities of the Host City, the Host NOC and the OCOG related to the organisation of the Games.
15. Sustainability and Olympic legacy
15.1. The Host City, the Host NOC and the OCOG undertake to carry out all activities foreseen under the HCC in a manner which embraces sustainable development and contributes to the United Nations’ Sustainable Development Goals.]
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.”
The Voice of America (3/3/17: Tillerson in Background as State Department Issues Human-Rights Report) and other media reported on the low-key way in which the US State Department launched the2016 Country Reports on Human Rights Practices.
U.S. Secretary of State Rex Tillerson arrives in Mexico City, Mexico, Feb. 22, 2017.
A senior Trump administration official briefed reporters on the 2016 Country Reports on Human Rights Practices and rejected criticism from some human-rights groups and lawmakers that the briefing was not announced a day in advance, was not on camera and did not feature Tillerson. “The report speaks for itself. We’re very, very proud of it. The facts should really be the story here,” the senior official said Friday. “Secretary Tillerson spoke quite clearly in his confirmation hearing about his views of the impact of human rights on, and the importance to, U.S. interests.” When questioned by reporters, the senior administration official did not explain why Tillerson did not unveil the report, but did say that the State Department wanted to get it out without delay.
Human Rights Watch and Human Rights First both issued statements sharply criticizing the low-key rollout of the report, which reflects thousands of hours of painstaking work. The annual effort is read carefully by both governments and human-rights defenders around the world. Sarah Margon of Human Rights Watch noted in a statement that Tillerson’s absence “reinforces the message to governments, rights activists and at-risk minorities that the State Department might also be silent on repression, abuse, and exploitation.”
In an overview, the 2016 report did not specifically highlight any countries. As is customary, it does not rank or compare countries’ human-rights records. The report offers country-by-country analysis of 199 countries, and it paints a devastating picture of conditions in Syria:
One of the side events in Geneva during the UN Human Rights Council that is of special importance for human rights defenders is held tomorrow, 3 March 2017, from13:00 – 14:00, in Room XXI, Palais Des Nations, Geneva.
Across the world, well-established principles and standards fundamental to maintaining a safe and enabling environment for civil society are being questioned and threatened in mature and consolidated democracies. In both the global North and global South, governments with vibrant civil societies and constitutional and historical commitments based on their struggles for democracy and freedom are adopting increasingly hostile and corrosive policies and practices to suppress independent civil society voices. The event will provide an opportunity for the UN Special Rapporteur on human rights defenders and civil society leaders to reflect on the global climate for civil society operating in mature democracies and articulate key measures these states must take to ensure an enabling environment for civil society and human rights defenders both at home and at the UN Human Rights Council. In advance of their examination under the Universal Periodic Review in May 2017, the event will also bring together civil society leaders from India, Brazil, Poland, and South Africa to examine state backsliding on civic space norms.[see also: https://humanrightsdefenders.blog/2017/02/24/2017-10-need-to-reset-for-h…]
Panelists:
Michel Forst, UN Special Rapporteur on the situation of human rights defenders
Camila Asano, Conectas – Brazil
Henri Tiphagne, Human Rights Defenders Association – India
Maciej Kozłowski, Committee for the Defence of Democracy (KOD) – Poland
Corlett Letlojane, HURISA- South Africa
Moderator: Mandeep Tiwana, Head of Policy and Research, CIVICUS
The event is co-sponsored by key international NGOs: –Amnesty International, CIVICUS, Asian Forum for Human Rights and Development (FORUM-ASIA), International Society for Human Rights (ISHR), Human Rights Watch (HRW), Human Rights Defenders Alert India (HRDA), The Observatory for the Protection of Human Rights Defenders (OBS)
Waleed Abu al-Khair, prominent lawyer and human rights activist, speaks to Human Rights Watch over Skype from Jeddah, Saudi Arabia on September 19, 2013.
Saudi courts have convicted at least 20 prominent peaceful activists and dissidents since 2011. Many, like Abu al-Khair, have faced sentences as long as 10 or 15 years on broad, catch-all charges – such as “breaking allegiance with the ruler” or “participating in protests” – that do not constitute recognizable crimes. “Every day Waleed Abu al-Khair spends in prison compounds the injustice Saudi Arabia has imposed on him and his family,” said Sarah Leah Whitson, Middle East director at Human Rights Watch.
[Abu al-Khair has been one of Saudi Arabia’s leading human rights advocates for years. In July 2014, the Specialized Criminal Court (SCC), Saudi Arabia’s terrorism tribunal, convicted him on a number of broad and vaguely worded charges, including for comments to news outlets and on Twitter criticizing Saudi human rights violations. In addition to sentencing him to prison, the court banned him from traveling abroad for another 15 years. Abu al-Khair played no active part in his trial. He refused to recognize the legitimacy of the court or to defend himself. He also refused to sign a copy of the trial judgment or to appeal either his conviction or sentence. In January 2015, an appeals tribunal within the SCC overturned part of the earlier ruling following a prosecution appeal of the court’s suspension of five years of his term, and ruled instead that Abu al-Khair should serve all 15 years in prison.]
Image of Israeli security forces [Issam Rimawi – Anadolu Agency]
The Israeli occupation authorities have denied a work permit for the director of Human Rights Watch (HRW) in Israel and Palestinian territories, they said on Friday 24 February 2017. Israel accused the organisation of “engaging in politics in the service of Palestinian propaganda, while falsely raising the banner of ‘human rights’.” In response, HRW said that this comes as the Israelis seek to limit the space for local and international human rights groups to operate in Israel and the Occupied Palestinian Territories. “This decision and the spurious rationale should worry anyone concerned about Israel’s commitment to basic democratic values,” commented Deputy Executive Director of Programmes at HRW, Lain Levine. “It is disappointing that the Israeli government seems unable or unwilling to distinguish between justified criticisms of its actions and hostile political propaganda.” The next day sixteen NGOs working in Israel issued a statement deploring the decision not to allow Omar Shakir of Human Rights Watch (HRW). “We stand in solidarity with him and our colleagues at HRW.” “Neither closing Israel’s borders to human rights organizations and activists nor other measures by the Israeli government against organizations that criticize the occupation will deter us from continuing to report human rights violations in the territories controlled by Israel. Attempts to silence the messenger will not suppress our message,” concluded the NGOs that include: Adalah – The Legal Center for Arab Minority Rights in Israel, Akevot, Amnesty International Israel, Bimkom, Breaking the Silence, B’Tselem, Coalition of Women for Peace, Emek Shaveh, Gisha, Hamoked: Center for the Defense of the Individual, Haqel-Jews and Arabs in Defense of Human Rights, Human Rights Defenders Fund, Machsom Watch, Physicians for Human Rights Israel, The Public Committee Against Torture in Israel and Yesh Din.
Moreover, Palestinian rights defenders have received anonymous death threats and have been subject to travel restrictions and even arrests and criminal charges.[see also: https://humanrightsdefenders.blog/2016/12/21/palestinian-human-rights-defenders-continue-to-be-persecuted/]. Front Line Defenders reported on 25 January 2017 that Israeli occupation forces arrested human rights defenders Ms Lema Nazeeh and Mr Mohammed Khatib – along with four other peaceful protesters – near the illegal Israeli settlement of Ma’ale Adumim in the Occupied Palestinian Territory. Israeli forces then went on to ill-treat Lema Nazeeh throughout her four days in detention at Al-Maskubiyyah prison in Jerusalem. On 23 January 2017, Israeli occupation forces also arrested human rights defender Mr Abdallah Abu Rahma as he attended the court hearing of the two aforementioned defenders. Lema Nazeeh and Mohammed Khatib were arrested while participating in a peaceful protest against illegal settlement construction in Bab Al-Shams in East Jerusalem, otherwise known as the E1 area/settlement bloc. The protest was also against US President Donald Trump’s suggested plan to move the US embassy in Israel from Tel Aviv to Jerusalem. Three days after the protest, Abdallah Abu Rahma was arrested on suspicion that he had also taken part in the peaceful protest. All human rights defenders were released on bail, pending trial. (https://www.frontlinedefenders.org/en/profile/lema-nazeeh; https://www.frontlinedefenders.org/en/case/case-history-mohammed-khatib and https://www.frontlinedefenders.org/en/profile/abdallah-abu-rahma)
Human Rights Watch is an independent, international, nongovernmental organisation and monitors rights violations in more than 90 countries across the world.” It also has staff who work legally in its registered offices in some 24 countries around the world, including Lebanon, Jordan and Tunisia. “While the Israeli government is hardly the only one to disagree with our well-researched findings,” concluded Levine, “its efforts to stifle the messenger signal that it has no appetite for serious scrutiny of its human rights record.”
Amnesty International (AI) on Tuesday 21 February 2017 released its Annual Report 2016/17. It contains a summary of an international human rights survey that discusses the role “rhetoric of fear, blame and hate” have played in rolling back human rights around the world. AI analyzed major political leaders that identify as anti-establishment, such as US President Donald Trump and Turkish President Tayyip Erdoğan, arguing that their rhetoric has led to dangerous impacts on policy. AI’s conclusion is for individuals to come together and push governments to respect human rights, stating, “we cannot rely on governments to protect our freedoms, and so we have to stand up ourselves.” AI said that inspiration should be found in the “civil rights activists in the USA, anti-apartheid activists in South Africa,” or things as recent as the International Women’s March and pro-democracy protests in Gambia. Beyond localized efforts, AI said that “global solidarity is crucial if we are to protect each other from those governments quick to portray dissent as a threat to national security and economic development.”