Archive for the 'HRW' Category

Surprise: Russia loses seat on UN Human Rights Council by 2 votes

October 29, 2016
Russia was defeated in its bid to be re-elected as a member of the UN’s Human Rights Council. But only just: Russia lost to Croatia by just two votes with Hungary claiming the Eastern Europe region’s other remaining seat. Many human rights groups had campaigned against the membership of Russia, China and others such as Saudi Arabia, but the problem is that the UN General Assembly only has a choice when the regional allotment has more candidates than seats. Saudi Arabia was re-elected as one of the four Asia-Pacific region countries to run for that region’s four allocated slots. Human Rights Watch’s UN director, Louis Charbonneau said that the vote “also shows how important it is to have competitive slates in UN elections. Countries should have a chance to reject those whose candidacies are so severely compromised, as they did today.

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HRW expresses human right concerns to the UK Parliament following Brexit

October 18, 2016

While the majority of NGO interventions indeed concern developing countries, this is a good example of a statement on a western country. In October 2016 Human Rights Watch made the following Submission to the UK Parliament Joint Committee on Human Rights: “The Human Rights Implications of Brexit“.    Human Rights Watch is very concerned about human rights developments in the United Kingdom since the referendum vote, and about the risks of a further deterioration of human rights protections as the UK moves towards exiting the EU. Here some excerpts:

Climate of Xenophobia and Hate Crimes

Human Rights Watch is deeply concerned at the current climate of xenophobia in the United Kingdom and increase in hate crimes since the Brexit vote. The climate of xenophobia was evident in the latter stages of the referendum campaign with the killing of the MP Jo Cox and has been acute since the vote…..It is manifest in the increase in hate crimes reported to police, including those expressing hostile sentiment or carrying out hostile acts towards EU citizens, among them assaults and arson attacks. There was a 60 percent increase in hate crimes after the referendum compared to the same period a year before, according to the National Council of Police Chiefs. By August, the number of incidents had decreased but was still 14 percent higher than the same period a year before. The killing of Arek Jóźwik in Harlow in September is being investigated as a possible hate crime.

..  The UN CERD committee recommended in August that UK “public officials not only refrain from such [hate] speech but also formally reject hate speech and condemn the hateful ideas expressed so as to promote a culture of tolerance and respect”.

…We welcome the commitment in the government’s new action plan on hate crimes to prevent them “by challenging the beliefs and attitudes that can underlie such crimes.” This philosophy needs to be applied to the government’s own policy proposals and the rhetoric of government ministers.

Risk to Family Life 

Human Rights Watch welcomes recent media reports suggesting that the government is committed to allowing all EU citizens residing in the UK to remain after Brexit. This is consistent with the duty of the government to uphold its obligations to protect the right to family life. The government should now confirm without delay that this is the case, and make clear that such rights will not depend on reciprocity for UK citizens living in other EU member states…

Risk to Human Rights Protected by EU Law

EU law protects critical areas of rights affecting millions of people in the United Kingdom. ….

It is of significant concern that these rights have received very little attention during and since the campaign and in particular in discussions concerning the form of Brexit. The UK’s departure from the European Union and the jurisdiction of the EU Court of Justice could remove crucial human rights protections. It would be the first time that a significant international legal framework to protect rights, which binds the UK government and parliament, was removed from UK citizens and residents.

There is a risk that the UK government could seek to weaken the anti-discrimination and employment rights protection in UK law that arise from EU legislation. While many EU law protections would remain binding during any transitional or permanent arrangement involving EEA status, if the UK cuts itself off entirely from the EU, including from jurisdiction of the EU Court of Justice, there would be scope for the government to adopt laws that weaken those protections, subject to parliamentary approval and to the extent permissible under other UK human rights obligations, including the Human Rights Act.

It is important that the committee and parliament as a whole is vigilant about this risk, particularly in relation to weakening of employment rights protections. The UK should also look to strengthen its commitments in related areas in other international mechanisms, in particular by ratifying Protocol No. 12 to the European Convention on Human Rights, which would directly strengthen anti-discrimination protections in domestic law.  

Risks to UK Participation in the Council of Europe

Human Rights Watch is concerned that the hostility to supranational oversight that drove much of the support for Brexit could lead to renewed calls for the UK to withdraw from the Council of Europe. We recognize that the Prime Minister has stepped away from her call during the referendum campaign for the UK to leave the Council of Europe, and welcome the decision by UK to seek to renew its membership of the UN Human Rights Council. Set against that is the ongoing climate of hostility towards human rights in some sections of the media and parts of the government, and the manifesto commitment by the government to replace the Human Rights Act with a British bill of rights that would give the Supreme Court, rather than European Court of Human Rights, final interpretation over violations. Leaving the Council of Europe would significantly weaken human rights protection in the UK, removing a key safeguard, in the form of the European Court of Human Rights. It could weaken the court and Council of Europe system in ways that would harm human rights protection across the Council of Europe region.

Source: Submission to the UK Parliament Joint Committee on Human Rights | Human Rights Watch

OSCE and Human Rights Defenders at the Warsaw meeting: no smooth sailing

September 28, 2016

The Diplomat wrote under the title “OSCE Manages to Irritate Tajikistan, Kyrgyzstan and Human Rights Advocates, Too” a good piece summarizing the situation at the latest annual human rights conference (officially the Human Dimension Implementation Meeting), taking place from 19-30 September 2016, in Warsaw.

Most attention should go to the recurring reprisals against HRDs and in particular (when they are out of reach through exile) against their family: Read the rest of this entry »

China wants us to forget Ilham Tohti, but we will not

September 21, 2016
It’s been two years since Ilham Tohti, [sometimes spelling Ilam Totti] a well-regarded ethnic Uyghur economist and peaceful critic of the Chinese government, was sentenced to life in prison by the Xinjiang People’s High Court for alleged “separatism” after a grossly unfair trial. Tohti and his family had already endured years of harassment and periods of house arrest by state agents, but in September 2014 Beijing evidently felt it necessary to take him off the grid permanently.”
Ilham Tohti speaks to students at Beijing’s Minzu University of China in 2009.
Ilham Tohti speaks to students at Beijing’s Minzu University of China in 2009. © 2009 Associated Press

Since then, human rights defenders and the rule of law in China have been under sustained attack from President Xi Jinping’s government. But the dynamics in Xinjiang – a region synonymous with gross discrimination against the predominantly Muslim Uyghur population, restrictions on religion and speech, economic development plans that favor Han Chinese over Uyghurs, and now a highly politicized counterterrorism campaign to stem violence – provide fertile ground for further serious human rights violations.

The signs are ominous: restrictions on observing Ramadan are now an annual reality, and some Uyghurs are now being required to give DNA samples and other biodata in order to obtain passports. China’s state media reports on counterterrorism operations when it’s politically convenient to do so, but we don’t know how many local residents die in these raids, how those detained in connection with the operations are treated, or even whether the state is responding to a credible threat. Hundreds – perhaps thousands – of Uyghurs have fled the country, some of whom have been forcibly returned under Chinese government pressure.

The Martin Ennals Foundation [https://thoolen.wordpress.com/2016/04/27/breaking-news-final-nominees-2016-martin-ennals-award-tohti-zone-9-bloggers-razan-zaitouneh-annoucement/] and the European Parliament [https://thoolen.wordpress.com/2016/09/16/european-parliaments-sakharov-prize-2016-nominees-announced/] have recently announced that Professor Tohti is a finalist for their human rights awards this year. “But if Beijing was actually serious about stability, economic development, and respect for human rights in Xinjiang, it would give itself and many others the most important prize: Ilham Tohti’s freedom.”

For more posts on Ilham: https://thoolen.wordpress.com/tag/ilham-tohti/

Source: China Wants You to Forget Ilham Tohti | Human Rights Watch

Burundian human rights defender Mbonimpa wins Alison des Forges Award 2016

September 3, 2016

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Violence against Environmental Human Rights Defenders: one of the worst trends in recent years

September 1, 2016
The chilling trend of attacking human rights defenders working on environment and land rights continues. The help keep an overview here a summary of a number of relevant items:
On 26 August 2016 Patricia Schaefer of the Center for International Environmental Law posted a blog in the NonProfitQuarterly website under the Title “International Collaboration Reports on Violence against Environmental Activists”, summarizing two recent reports (On Dangerous Ground by Global Witness and a more recent “Deadly Shade of Green” by Center for International Environmental Law (CIEL), British NGO Article 19, and Vermont Law School).

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African human rights defenders defend the ICC against attacks by their governments

July 6, 2016

Human rights defenders from across Africa clarify misconceptions about the International Criminal Court (ICC) and highlight the need for African governments to support the court in a video released on 6 July 2016 by 21 African and international nongovernmental organizations. [see also: https://thoolen.wordpress.com/2013/11/18/the-fight-against-impunity-for-international-crimes-in-africa-no-free-pass-for-leaders-say-human-rights-defenders/]

In January 2016, the African Union (AU) gave its Open-Ended Committee of African Ministers on the ICC a mandate to develop a “comprehensive strategy” on the ICC, including considering the withdrawal of African member countries from the court. The committee met in April and agreed on three conditions that needed to be met by the ICC in order for the AU to agree not to call on African countries to withdraw from the court. These include a demand for immunity from ICC prosecution for sitting heads of state and other senior government officials – which is contrary to a fundamental principle of the court.

Human rights defenders from across Africa highlight the need for African governments to support the International Criminal Court in a video by 21 African and international nongovernmental organizations. The video features 12 African activists who raise concerns about AU actions toward the ICC.

It is not clear if the AU will consider any of the open-ended committee’s assessments and recommendations at its upcoming summit in Kigali, Rwanda, from 10 – 18 July.

The reasons why we supported the establishment of a permanent court as Africa have not changed,” says Stella Ndirangu of the International Commission of Jurists-Kenya. “The only thing that has changed is that now leaders are being held to account.”

To say that the ICC is targeting Africa, I think, is a misrepresentation of the situation,” says Angela Mudukuti of the Southern Africa Litigation Centre. “It’s more Africans making use of the court they helped to create.”

Six out of the nine African situations under ICC investigation came about as a result of requests or grants of jurisdictions by African governments – Côte d’Ivoire, Democratic Republic of Congo, Mali, Uganda, and the Central African Republic twice. Two other investigations in Africa, the Darfur region of Sudan and Libya, were referred to the court by the United Nations Security Council. In Kenya, the ICC prosecutor received the authorization of an ICC pretrial chamber to open investigations after Kenya repeatedly failed to investigate the 2007-08 post-election violence domestically. In January, the ICC prosecutor opened the court’s first investigation outside Africa, into Georgia, and is conducting several preliminary examinations of situations outside Africa – including in Afghanistan, Colombia, Palestine, and alleged crimes attributed to the armed forces of the United Kingdom deployed in Iraq.

The recommendations from the open-ended committee are the latest development in a backlash against the ICC from some African leaders, which has focused on claims that the ICC is “unfairly targeting Africa.” The backlash first intensified following the ICC’s 2009 arrest warrant for President Omar al-Bashir of Sudan for serious crimes committed in Darfur. While blanket immunity for sitting heads of state is available in some domestic jurisdictions, it has never been available before international criminal courts dealing with grave crimes. The AU, in 2015, adopted a protocol to give its continental court authority to prosecute grave crimes, but also, in a controversial provision, grants immunity for sitting heads of states and other senior government officials. That protocol will need 15 ratifications before coming into force, but has yet to be ratified by any country.

The video is endorsed by the following organizations that are part of an informal group that works to promote support for justice for grave crimes in Africa and beyond:

Africa Center for International Law and Accountability (Ghana)
African Centre for Justice and Peace Studies (Uganda)
Africa Legal Aid
Centre for Accountability and Rule of Law (Sierra Leone)
Centre for Human Rights and Rehabilitation (Malawi)
Children Education Society (Tanzania)
Club des Amis du Droit du Congo (Democratic Republic of Congo)
Coalition for the International Criminal Court (Burundi)
Coalition for the International Criminal Court (Global)
DefendDefenders – East and Horn of Africa Human Rights Defenders Project
Fédération Internationale des Ligues des Droits de l’Homme
Foundation for Human Rights Initiative (Uganda)
Human Rights Watch
International Commission of Jurists (Kenya)
Kenya Human Rights Commission
Kenyans for Peace with Truth and Justice
Legal Defense and Assistance Project (Nigeria)
Nigerian Coalition for the International Criminal Court
Réseau Justice Et Développement (Togo)
Southern Africa Litigation Centre
Southern Africa Centre for the Constructive Resolution of Disputes (Zambia)

 

Source: AU: Activists Challenge Attacks on ICC | Human Rights Watch

Amnesty and HRW trying to get Saudi Arabia suspended from the UN Human Rights Council

July 5, 2016

I have long argued that we should take another look at the possibility of using the suspension clause when members of the UN Human Rights Council go too far (see e.g. in the case of persistent reprisals https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/in the  reprisals ). On Wednesday 29 June 2016, the two leading human rights NGOs, Amnesty International and Human Rights Watch, have urged UN member-states to suspend Saudi Arabia from the UN Human Rights Council over the killing of civilians in Yemen and repression at home. It will be a long shot but worth seeing how it works out: Read the rest of this entry »

Bodies of disappeared human rights lawyer Kimani and his client found in Kenya

July 3, 2016

A lawyer, Willie Kimani, his client, Josphat Mwenda and their taxi driver, Joseph Muiruri, were last seen returning from a traffic court hearing at Mavoko Law Courts on 23 June 2016. Many feared that they were abducted. Now, on 1 July 2016 their bodies have been found. Kimani was a lawyer with NGO International Justice Mission in Kenya. Kimani had been representing Mwenda in a case he had brought against the police after he was shot by them during a traffic stop.

Kenyan lawyers held a protest http://www.standardmedia.co.ke/article/2000207020/lawyers-stage-protest-outside-ig-boinnet-s-office-over-missing-lawyer-client-and-taxi-driver-civil-societies-condemn-disappearance on 30 June, and petitioned the police inspector general for information regarding the men’s whereabouts.

We are deeply saddened by reports of the murders of Kimani, his client, and his taxi driver, and offer our condolences to their families and colleagues who continue to incur great risk fighting for justice and accountability,” said Human Rights First’s President and CEO Elisa Massimino. “It’s vital for the future of Kenya that its human rights lawyers are able to operate without fear of violence, and that the killers be swiftly brought to justice.”

Police should not hesitate to interrogate and arrest their own officers when there is cause,” said Namwaya of HRW. “This case stands as a clear threat to the legal profession and all those who push for police accountability in Kenya.”

http://www.hrw.org/africa/kenya

[http://www.knchr.org/Portals/0/PressStatements/Joint%20Press%20Release%20-Disappearance%20of%20Willie%20Kimani%20et%20al.pdf]

http://www.humanrightsfirst.org/press-release/human-rights-first-demands-justice-murder-human-rights-lawyer-kenya

Turkey: outcry over detention of human rights Defenders – even Russia joins in

June 23, 2016

An academic and two journalists who play a key role in Turkey’s human rights movement have been jailed pending investigation into spurious allegations of spreading terrorist propaganda. Human Rights Watch, Reporters without Boarder, Front Line, and the Observatory for the Protection of Human Rights Defenders (a joint program of FIDH and OMCT), among others, have raised serious concern and demanded their immediate release.

Ahmet Nesin, Şebnem Korur Fincancı and Erol Önderoğlu at the court house in Istanbul hours before being jailed pending investigation into spurious allegations of “making terrorist propaganda.” 
Ahmet Nesin, Şebnem Korur Fincancı and Erol Önderoğlu at the court house in Istanbul hours before being jailed pending investigation into spurious allegations of “making terrorist propaganda.” © 2016 private

An Istanbul court on 20 June, 2016, accepted a prosecutor’s request for them to be placed in pretrial detention on suspicion of having committed terrorist offenses. They are Erol Önderoglu, who is the Turkey representative of Reporters Without Borders and a journalist with the independent news website Bianet; Professor Şebnem Korur Fincancı, an academic at Istanbul University’s forensic medicine department and head of the Human Rights Foundation of Turkey; and Ahmet Nesin, a writer and journalist.

The decision to demand the detention of Önderoğlu, Fincancı, and Nesin is a shocking new indication that the Turkish authorities have no hesitation about targeting well-known rights defenders and journalists who have played a key role in documenting the sharp deterioration in human rights in the country,” said Hugh Williamson, HRW’s Europe and Central Asia Director. “

The three were among 44 journalists, writers, and activists who participated in a solidarity campaign for media freedom in which each of them acted as a symbolic co-editor-for-a-day at the pro-Kurdish daily Özgür Gündem in Istanbul. The government sees the newspaper as hostile to it and as a result has placed it under immense pressure.

Jailing a world-renowned journalist and human rights defender such as Erol sends a very powerful signal of intimidation to the entire profession in Turkey. It’s a new, unbelievable low for press freedom in Turkey,” Johann Bihr, head of the Eastern Europe and Central Asia desk at RSF, told CPJ. At least 14 journalists were imprisoned in Turkey on December 1, 2015, when CPJ last conducted its annual census of journalists jailed around the world. [see also: https://thoolen.wordpress.com/2016/03/20/turkey-fair-trial-human-rights-lawyers-expression-l4l/]

Front Line Defenders has more information on these individuals: Sebnem Korur Fincanci (https://frontlinedefenders.org/en/profile/sebnem-korur-fincanci)  who also received the International Hrant Dink Award for her human rights work. Erol Önderoğlu (https://frontlinedefenders.org/en/profile/erol-onderoglu)  and Ahmet Nesin (https://frontlinedefenders.org/en/profile/ahmet-nesin).

While the NGO reactions are expected, more remarkable is the reaction from Russia which (in the good company of the USA, the UN and the EU) has condemned the crackdown on Turkey’s press freedom: Read the rest of this entry »