On 22 February 2024, Human Rights Watch came with a study on governments reaching outside their borders to silence or deter dissent by committing human rights abuses against their own nationals or former nationals. Governments have targeted human rights defenders, journalists, civil society activists, and political opponents, among others, deemed to be a security threat. Many are asylum seekers or recognized refugees in their place of exile. These governmental actions beyond borders leave individuals unable to find genuine safety for themselves and their families. This is transnational repression.
Transnational repression looks different depending on the context. Recent cases include a Rwandan refugee who was killed in Uganda following threats from the Rwandan government; a Cambodian refugee in Thailand only to be extradited to Cambodia and summarily detained; and a Belarusian activist who was abducted while aboard a commercial airline flight. Transnational repression may mean that a person’s family members who remain at home become targets of collective punishment, such as the Tajik activist whose family in Tajikistan, including his 10-year-old daughter, was detained, interrogated, and threatened.
Transnational repression is not new, but it is a phenomenon that has often been downplayed or ignored and warrants a call to action from a global, rights-centered perspective. Human Rights Watch’s general reporting includes over 100 cases of transnational repression. This report includes more than 75 of these cases from the past 15 years, committed by over two dozen governments across four regions. While the term “transnational repression” has at times become shorthand for naming authoritarian governments as perpetrators of rights violations, democratic administrations have assisted in cases of transnational repression.
Methods of transnational repression include killings, unlawful removals (expulsions, extraditions, and deportations), abductions and enforced disappearances, targeting of relatives, abuse of consular services, and so-called digital transnational repression, which includes the use of technology to surveil or harass people. These tactics often facilitate further human rights violations, such as torture and ill-treatment.
This report also highlights cases of governments misusing the International Criminal Police Organization (Interpol)—an intergovernmental organization with 195 member countries—to target critics abroad.
Victims of transnational repression have included government critics, actual or perceived dissidents, human rights defenders, civil society activists, journalists, and opposition party members and others. Governments have targeted individuals because of their identity, such as ethnicity, religion, or gender. Back home, families and friends of targeted people may also become victims, as governments detain, harass, or harm them as retribution or collective punishment. Transnational repression can have far-reaching consequences, including a chilling effect on the rights to freedom of expression, association, and assembly among those who have been targeted or fear they could be next.
This report is not an exhaustive examination of cases of transnational repression. Instead, it outlines cases that Human Rights Watch has documented in the course of researching global human rights issues that point to key methods and trends of transnational repression.
Human Rights Watch hopes that by drawing attention to cases of transnational repression, international organizations and concerned governments will pursue actions to provide greater safety and security for those at risk. Governments responsible for transnational repression should be on notice that their efforts to silence critics, threaten human rights defenders, and target people based on their identity are no less problematic abroad than they are at home. This report provides governments seeking to tackle transnational repression with concrete recommendations, while raising caution against laws and policies that could restrict other human rights.
Human Rights Watch calls on governments committing transnational repression to respect international human rights standards both within and beyond their territory. Governments combatting transnational repression should recognize such abuses as a threat to human rights generally and act to protect those at risk within their jurisdiction or control.
On 13 March 2024 Human Rights Watch announced that it would be closing its long-running film festival. Founded in 1988, the Human Rights Watch Film Festival showcased nearly 1,000 independent films, was presented in over 30 cities across the globe, and is the world’s longest running human rights film festival.
“It’s with sadness and deep regret that we have made the difficult decision to close the Human Rights Watch Film Festival,” said Tirana Hassan, executive director of Human Rights Watch. “The film festival is a celebrated cultural institution that educated and inspired hundreds of thousands of filmgoers and filmmakers around the world over three decades, providing a critical space for connection, conversation, and action on human rights issues.”
The decision to close the festival was part of a wider restructuring due to financial constraints, Human Rights Watch said. Human Rights Watch Film Festivals will take place as planned across the United Kingdom and Ireland, opening on March 14, 2024, and across Canada starting on March 21.
Human Rights Watch is immensely proud of the talented film festival leadership and staff, who built partnerships across the human rights community and film industry. The festival established a mainstream platform for impactful films and in-depth conversations about human rights issues, with a priority focus on underrepresented perspectives from around the world.
The festival staff have been instrumental in pushing for increased accessibility standards in the film industry, resulting in three fully inclusive film festivals in the last two years. During the Covid-19 pandemic and the lockdowns that shuttered cinemas, the film festival team created a digital streaming site that tripled attendance figures, encouraged festival members to tune in for live conversations, and ensured that the public would not be isolated at home. The innovative site continued the festival’s work of creating spaces for dialogue, connection, and action on human rights issues.
“We owe the Human Rights Watch Film Festival’s success and impact to the longstanding commitment of our festival staff and consultants, volunteers, partners, the filmmakers, and of course our audiences,” Hassan said. “They helped to nurture the human rights storytelling movement that we see thriving today.”
On 31 January 2024 several NGOs – including HRW and AI -came out in support of a bill in the US Senate. Senator Ben Cardin introduced the Human Rights Defenders Protection Act of 2024, which aims to protect individuals abroad “who face reprisals for defending human rights and democracy.” The law, if enacted, would strengthen the US government’s ability to “prevent, mitigate, and respond” to such cases.
Senator Cardin said this legislation “will help elevate, guide, and enhance US efforts to support these courageous individuals globally at a time when their efforts are more important than ever.”
HRW said: The bill would integrate support for rights defenders into various US policies and programs and encourage engagement with the private sector. It aims to improve assistance for rights defenders living in exile from their home countries and strengthen US tools to hold perpetrators of rights abuses accountable.Human Rights Watch has long documented the risks, threats, and attacks that rights defenders across the globe face. In Rwanda, for example, the government for many years has targeted with impunity rights defenders at home and extended its repression beyond its borders to silence Rwandan critics living abroad. Last December, the Emirati government brought new charges under its counterterrorism law against 87 activists and dissidents, including imprisoned rights defender Ahmed Mansoor.
The proposed legislation would create a new US visa for rights defenders who face a “credible fear of an urgent threat,” allowing those who qualify to reach safety before they are detained or harmed. It would also increase the number of US government personnel dedicated to democracy and human rights issues in the federal government and at embassies in countries with a high risk of rights abuses.
Andrew Fandino, Advocacy Director for the Individuals at Risk Program at Amnesty International USA. stated: “The Human Rights Defenders Protection Act of 2024 is a critical piece of legislation that will help strengthen and improve the U.S. government’s ability to support human rights defenders around the world,” ..“With over 401 human rights defenders killed globally in 2022 alone, now more than ever, human rights defenders need this additional support and protection.”
If passed, the legislation would require the US government to establish a “Global Strategy for Human Rights Defenders.” The strategy would survey current tools and resources to support human rights, identify how the government would prioritize and bolster protections for rights defenders, and establish specific goals for implementing the legislation’s policy objectives. This would link to the existing EU Guidelines on Human Rights Defenders (2008), and the OSCE Guidelines on the Protection of Human Rights Defenders (2014) and those of a small group of European countries.
On 27 January 2024, Olivia Biliunaand Madison Whittemore in the Davis Vanguard produced a useful summary of the 2024 Human Rights Watch Report
After reflecting on the formidable human rights challenges of 2023, it has become evident that changes in how human rights are approached will be needed in 2024 to prevent the atrocious suppression and human rights crises that have been prominent in the past year, according to Human’s Rights Watch’s “World Report 2024: Our annual review of human rights around the globe.” [see: https://www.hrw.org/world-report/2024]
However, despite the human rights atrocities seen in 2023, the group added that there appears to be some hope for upholding human rights in 2024 through enforcing principles of international human rights law.
Looking back on 2023, the 2024 World Report reflects on renewed conflicts between Israel and Hamas that resulted in the abuse of many and a tragic loss of life, and other countries such as Ukraine and Myanmar that continue to struggle with their own intense conflicts.
Human Rights Watch notes that in accordance with the aforementioned conflicts, “Economic inequality rose around the world, as did anger about the policy decisions that have left many people struggling to survive.”
However, while many are quick to blame the government for being complicit in these human rights crises, the report maintains action is needed outside of just government action alone to help diminish these threats, since they “often transcend borders and cannot be solved by governments acting alone.”
In fact, the report notes the often forgotten importance of universal principles of international human rights and the rule of law which are more critical now than ever.
The 2024 World Report argues governments have the ability to help improve human rights and that they have double standards in “applying the human rights framework,” as stated in the 2024 World Report, and “chips away at trust in the institutions responsible for enforcing and protecting rights.”
The legitimate laws and universality of human rights are weakened when governments that are vocal about denouncing the Israeli government war crimes against Gaza citizens do not speak up about the crimes against humanity in Xinjiang, China, according to the 2024 World Report.
Governments have found it is easier to disregard international human rights matters because internationally there is no challenge to human rights nationally, writes Tirana Hassan, the executive director.
Hassan also noted that autocrats across regions have taken away both the independence of key institutions to protect human rights and the freedom of dissent, as stated by the 2024 World Report, “with the same endgame in mind: to exercise power without constraint.”
Hassan explains that with campaigning of civil rights groups and years of diplomatic negotiations, 83 countries were able to protect their citizens by adopting a political declaration that provided protection from explosive weapons in populated areas.
The international pledge to recognize the “long-standing practice of warring parties to use aerial bombing, artillery, rockets, and missiles in villages, towns, and cities” is the first to address this issue as the 2024 World Report states.
Some countries are addressing long-marginalized communities. With years of pressure, the Japanese government parliament has passed its first law to protect LGBT people from “unfair discrimination,” the 2024 World Report states.
With the humanitarian crises there has been questioning on the effectiveness of the human rights framework in the realm of protection, notes the 2024 World Report, adding, “especially in the face of selective government outrage, transactional diplomacy seeking short-term gain, growing transnational repression, and the willingness of autocratic leaders to sacrifice rights to consolidate their power.”
With that, the 2024 World Report also suggests the human rights framework will continue to be the plan to build “thriving, inclusive societies” and governments need to be persistent and, with urgency, defend human rights to handle the global and existential threats to humanity.
As also highlighted by Hassan in the report, the assault on Israel by Hamas-led fighters on Oct. 7 that deliberately killed hundreds of vulnerable civilians led to swift condemnation from many countries around the world.
In retaliation to the Oct. 7 attack, the Israeli government ceased all running water and electricity in the Gaza strip, “blocking the entry of all but a trickle of fuel, food, and humanitarian aid – a form of collective punishment that is a war crime,” the 2024 World Report noted.
The Israeli government and military continue frequently bombing the Gaza strip. Following these attacks, countries were outraged after they found out that Israel used a chemical called white phosphorus during the indiscriminate attacks on Gaza, with many countries even highlighting the attacks as “apparent war crimes,” stated by Human Rights Watch.
However, despite world-wide outrage after Israel’s war crimes on Gaza, countries have failed to publicly call the Israeli government out on its war crimes resulting in severe human rights abuses, the report detailed, noting even the U.S. and the European Union have acknowledged Israel’s human rights abuses on Gaza citizens, yet have continued to be complicit in the “ongoing crimes against humanity of apartheid and persecution against Palestinians.”
The report asserted the repercussions of governments failing to intervene undermine the legitimacy of the rules system designed 75 years ago to safeguard all citizen’s rights. In response to the inconsistencies, Hassan cites that governments like Russia and China aim to take advantage of the shaky legitimacy by attempting to infringe on human rights and take advantage of the system that is supposed to punish both countries.
Another example used by the 2024 World Report that displays these inconsistencies is the power battle between two influential generals in Sudan, Gen. Abdelfattah al-Burhan and Gen. Mohamed Hamdan Dagalo.
This conflict resulted in civilians facing deadly abuses and human rights infringements in the Darfur region—with numerous countries listed in the 2024 world report allegedly ignoring the horrendous abuses and abstaining from intervening.
Despite nations such as Gabon, Ghana, and Mozambique being on the Security Council, “the UN, under pressure from the Sudanese government, shuttered its political mission in Sudan.” the 2024 World Report stated, also concluding that “This marked the conclusion of the UN’s limited capacity in the country to safeguard civilians and openly address the human rights situation.”
Regardless of African governments refusing to hold the Sudanese government accountable, the report highlights that many have been strong advocates for resolving the human rights issues in other places like Palestine, even leading a full-fledged effort to investigate its human rights abuses last November and recently asserting that “Israel violated its obligations under the 1948 Genocide Convention in its military operations in Gaza.”
Domestic policies and foreign policies should hold value in human rights and their rules of laws at the forefront of governments, charged the 2024 World Report.
Even rights-respecting governments hold these principles as “optional, seeking short-term, politically expedient “solutions” at the expense of building the institutions that would be beneficial for security, trade, energy, and migration in the long term,” according to the 2024 World Report, adding transactional diplomacy carries a human cost that extends past borders, the group adds.
The 2024 Report writes that without awareness while making transactional diplomacy, risks are created. Removing human rights and the rule of law from a sensible direction creates leverage for right-violating governments too, the 2024 World Report adds, arguing, “It can also contribute to further human rights violations, including transnational repression,” which governments do when they commit human rights abuses against their nationals abroad or to those families living at home, the report continues.
According to the World Report of 2024, India, a democracy, under its Prime Minister Narenda Modi has moved toward an autocracy “with authorities targeting minorities, tightening repression, and dismantling independent institutions, including federal investigative agencies.”
Additionally, as cited in The Report, the US, Australia, the UK, and France chose trade and security over raising human rights concerns.
As reported by Executive Director Hassan, the Modi government’s repressive tactics went past borders and were empowered to do so from the Indian government’s “silence on the Indian government’s worsening rights record…including to intimidate diaspora activists and academics or restrict their entry into India.”
Rwandan’s government has had three decades of no punishment for their repression of civil and political rights at home, the 2024 World Report states, writing “to stifle dissent beyond its borders,” and noting, Rwanda, despite having risen on the international stage, has failed to recognize its problematic human rights violations.
Similarly, Chinese government abuses in Beijing escalate its repression against both Chinese and non-Chinese with failure of resistance from other countries, according to the 2024 World Report, explaining a Laos lawyer and human rights defender, Lu Siwei, received pressure from the Chinese government to return and authorities pushed out warrants.
The 2024 World Report claims nowhere is safe if repressive governments can get away with “strong approaches to silence human rights defenders, exiled politicians, journalists, and critics beyond their borders.”
As reported by the Human Rights 2024 World Report, with almost half of the global population being eligible to vote in 2024, both citizens and independent institutions need to participate in order to effectively have leaders who defend human rights, regardless of society and many institutions having “become renewed battlegrounds for autocratic leaders around the world looking to eliminate scrutiny of their decisions and actions.”
According to Hassan, the nations of Guatemala and Nicaragua are two stories of autocratic leaders consolidating power and failing to prioritize civil society.
For example, after Guatemala’s President-elect Bernardo Arévalo ran on an anti-corruption platform, a corrupt judiciary attempted to overturn Arévalo’s election triumph.
Similarly, the report refers to Nicaragua, where corrupt and authoritarian President Daniel Ortega uses “abusive legislation to shut down over 3,500 nongovernmental organizations” in order to dominate the political landscape and wield unchecked power.
The Human Rights report insists these “vital” checks and balances continue to be eroded, it poses great harm to human rights.
Judicial independence has also been drastically sabotaged in Poland, the report alleges, with the Polish government suppressing civil society groups through law enforcement and incarceration. Polish freedom and independence are extremely threatened, with the Law and Justice party most notably encroaching on women’s reproductive rights and essentially banning abortion, Hassan suggested in the report.
“In May 2023, an abortion rights activist was convicted of helping a woman to get abortion pills and was sentenced to eight months of community service – the first known prosecution of its kind in the EU,” the 2024 World Report noted.
On an environmental note, with the impending issue of global warming, the 2024 report highlights activists being shot by governments across the globe who want to “deter the climate movement.”
In another example, the report cites how one of the largest oil producers, the United Arab Emirates (UAE), continues to expand its production of fossil fuels; however, people are discouraged from exposing the UAE unless they are willing to face grave punishment.
Apart from punishing dissent, governments are using technology and social media platforms to “silence critics and censor dissent,” the 2024 World Report notes, citing a 54-year-old retired Saudi Arabian teacher named Muhammad al-Ghamdi, who received the death penalty after he expressed his opinions on X and Youtube and allegedly went against the country’s counterterrorism law.
Despite everything that occurred in 2023, there were also positive moments for human rights where institutions and movements succeeded, the 2024 World Report states, arguing, “Indeed, these successes illustrate why self-serving politicians and repressive governments work so hard to curtail them – and why all governments should recognize and support these fragile successes.”
Additionally, according to the Executive Director Hassan, the ICC issued warrants for Russia’s President Vladimir Putin and his children’s rights commissioner for war crimes related to deporting and transferring children and a court ruled that South Africa had a commitment to arrest Putin.
According to the 2024 World Report, the Xokleng Indigenous people succeeded when the Brazil Supreme Court, as noted by the 2024 World Report, “upheld all Indigenous peoples’ rights to their traditional lands,” despite efforts by the Santa Catarina state.
The 2024 World Report said, “These victories highlight the tremendous power of independent, rights-respecting, and inclusive institutions and of civil society to challenge those who wield political power to serve the public interest and chart a rights-respecting path forward” and that “all governments, in their bilateral relations and at the multilateral level, should redouble efforts to uplift key institutions and protect civic space wherever it is under threat.”
The human rights crisis highlights the importance for “mutually agreed principles of international human rights law everywhere,” the 2024 World Report notes.
It also points out that through governments centering their human rights obligations through moral governing, it will provide a diligent change to those affected.
The 2024 World Report concludes that consistently upholding human rights, “across the board, no matter who the victims are or where the rights violations are being committed, is the only way to build the world we want to live in.”
Responding to news that the Emirati authorities have begun a mass prosecution on trumped-up terrorism charges of more than 80 Emirati human rights activists – including renowned currently-jailed Emirati human rights activists who have already spent a decade behind bars – Aya Majzoub, Amnesty International’s Middle East and North Africa Deputy Director, said:
“To begin hearings in a new sham mass trial in the midst of what it billed as ‘the most inclusive COP ever’, is a jaw-dropping show of contempt for human rights by the Emirati authorities. The timing appears to be deliberately intended to send a clear message to the world that it will not tolerate the slightest peaceful dissent and that the authorities have no intention of reforming the country’s dire rights record. COP28 has already laid bare the barriers of fear and legalised repression that smother dissent in the UAE.
“The UAE must immediately release all arbitrarily-detained prisoners, drop charges against them and end their ruthless assault on human rights and freedoms.”
The new mass trial – first reported by the Emirates Detainees Advocacy Centre and confirmed to Amnesty by exiled Emirati activists – is a joint prosecution of more than 80 defendants, including victims of a past mass trial such as Mohamed al-Siddiq, father of the late exiled Emirati human rights defender Alaa al-Siddiq, prisoners of conscience such as Khalid al-Nuaimi, Hadef al-Owais, Nasser bin Ghaith and Sultan al-Qasimi, and longstanding human rights defenders such as Mohamed al-Roken and Ahmed Mansoor (see below).
Fresh charges against Ahmed Mansoor
Last month, Amnesty UK campaigners flew a protest plane over Manchester City FC’s Etihad Stadium carrying a large banner saying “UAE – Free Ahmed Mansoor”. Mansoor is a blogger, poet and leading Emirati human rights activist who has been in jail and kept in solitary confinement in the UAE since 2017 as a direct result of his campaigning activity. In 2017, Mansoor was convicted on charges which included “insulting the status and prestige of the UAE and its symbols”, “publishing false information to damage the UAE’s reputation abroad” and “portraying the UAE as a lawless land”. The following year, Mansoor was sentenced to ten years’ imprisonment, with the sentencing court also ordering that he be placed under surveillance for three years after release. His conviction and sentence were upheld by the country’s supreme court on 31 December 2018.
AP reported on 2 December 2023 that protesters at the United Nations’ COP28 climate summit demonstrated Saturday for imprisoned human rights activists in Egypt and the United Arab Emirates, the past and current host of the negotiations.
However, just before the demonstration organized by Amnesty International and Human Rights Watch, protesters had to fold over signs bearing the Emirati detainees’ names — even after they already had crossed out messages about them. The order came roughly 10 minutes before the protest was due to start from the U.N., which said it could not guarantee the security of the demonstration, said Joey Shea, a researcher at Human Rights Watch focused on the Emirates.
“It is a shocking level of censorship in a space that had been guaranteed to have basic freedoms protected like freedom of expression, assembly and association,” Shea of HRW told The Associated Press.
On 1 December, 2023, at about 4 p.m., four or more unidentified men abducted Diallo, the secretary-general of the Collective Against Impunity and Stigmatization of Communities (Collectif contre l’Impunité et la Stigmatisation des Communautés, CISC) in Burkina Faso’s capital, Ouagadougou. Diallo had just left the government’s passport office after a meeting with officers to renew his passport. The CISC issued a statement the same day saying that men in civilian clothes pushed Diallo into a vehicle and drove off. His whereabouts remain unknown.
On December 2, the United Nations special rapporteur on human rights defenders, Mary Lawlor, raised serious concerns about Diallo’s abduction. In a December 3 statement, The People’s Coalition for the Sahel, an alliance of civil society organizations, said that “the abduction of a prominent activist in broad daylight […] demands an immediate government response,” and called on the military authorities to take action.
“Burkina Faso authorities should urgently and impartially investigate the abduction of Daouda Diallo and release him if he is in government custody,” said Ilaria Allegrozzi, senior Sahel researcher at Human Rights Watch. “We are deeply concerned for Diallo’s safety and the safety of everyone working to improve respect for human rights in Burkina Faso.”
Since it took power in an October 2022 coup, Burkina Faso’s military junta has increasingly cracked down on peaceful dissent and the media, shrinking the civic space in the country. National and international journalists, as well as civil society members, face increasing harassment, threats, and arbitrary arrests. On December 2, the military authorities announced the suspension of “all distribution methods” of the French newspaper Le Monde daily, claiming an article published on Le Monde’s website on December 1 about a deadly attack by an Islamist armed group on a military base in Djibo, Sahel region, on November 26, was “biased.”
On 4 December the Martin Ennals Foundation and several other NGOs addressed an urgent letter to the Représentant Permanent de Burkina Faso at the UN in Geneva.
On 21 November, 2023 the Martin Ennals Foundation, joined by HRW and the ISHR, issued the following statement:
The Martin Ennals Foundation condemns the harassment of Soltan Achilova and her daughter by government authorities at Ashgabat airport and calls for Turkmen authorities to stop their reprisals against journalists for their human rights work.
In the early hours of November 18th, 2023, Mrs. Soltan Achilova and her daughter were stopped by Turkmen government officials from boarding their flight for Switzerland. A customs official took their passports, wet them with a damp rag and declared the passports to be ruined, effectively obstructing Soltan from traveling to Geneva where she would feature as a keynote speaker at the University of Geneva’s Human Rights Week 2023.
This act of harassment and denial of freedom of movement is particularly reprehensible in that it comes only a few days after Turkmenistan’s 4th Universal Periodic Review, during which high-level government representatives expressed their “support for …the promotion and protection of fundamental freedoms and human rights“, giving multiple examples of their progress in terms of respect for freedom of expression.
Soltan Achilova believes she was not allowed to leave the country because of the authorities’ fear that negative information might be heard during the Human Rights week in Geneva. Yet, the obstruction from travel of an internationally recognized human rights defender is more striking evidence of the lack of freedoms in the country and the bad faith with which the Turkmenistan government engages with the Human Rights Council.
Turkmenistan is one of the most repressive and isolated countries in the world, ranking 176th out of 180 countries in terms of press freedom and working conditions for journalists. Soltan has been reporting about her country for more than a decade. Her pictures of daily life are one of the few sources of documentation of human rights violations occurring in this most secretive nation. In 2021, Soltan was recognized by the Martin Ennals Award for her documentation of land grabs and forced evictions of ordinary citizens in Ashgabat.
Soltan has not been allowed to travel freely outside of her country on several occasions. She is under constant surveillance by Turkmen authorities and has suffered numerous incidents of harassment, intimidation, and threats. Despite the challenges, Soltan persists in her human rights work, regularly sending information and pictures outside of the country so that government authorities are held to account.
We renew calls for Turkmenistan to fully implement their human rights obligations, including, inter alia, allowing human rights defenders and journalists to conduct their work peacefully. We invite Member States accompanying the 4th Universal Periodic Review of Turkmenistan to strongly sanction the silencing of Soltan Achilova and other Turkmen journalists.
Human Rights Watch’ submission discusses the risks climate activists have faced in Australia, India, and Uganda. It focuses on examples of activists under age 32, as requested by the UN Special Rapporteur on Human Rights Defenders.
Australia
Following increased climate protest activity in New South Wales (NSW), the government in March 2022 established a new police unit known as the Strike Force Guard. The unit is designed to “prevent, investigate and disrupt unauthorized protests across the state.” On April 1, the state parliament introduced new laws and penalties specifically targeting protests that blocked roads and ports. Protesters can now be fined up to AU$22,000 (US$15,250) and be jailed for up to two years for protesting without permission on public roads, rail lines, tunnels, bridges, and industrial estates.
In 2022, Human Rights Watch interviewed three climate protesters who had been arrested and charged under the new laws. These cases indicate that climate protesters are being targeted for disproportionate punishment.
Violet (Deanna) Coco, a 31-year-old activist, took part in a climate protest on April 13, 2022, that stopped traffic in one lane on the Sydney Harbor Bridge. Coco climbed on the roof of a parked truck and stood holding a lit emergency flare. After approximately 25 minutes, NSW police forcibly removed her and the other protesters from the road. Coco was charged with disrupting vehicles, interfering with the safe operation of a bridge, possessing a bright light distress signal in a public place, failing to comply with police direction, and resisting or hindering a police officer. She was also charged under explosives regulations for holding the emergency flare; with an incitement offense for “encouraging the commission of a crime” by livestreaming the protest on Facebook; and for uploading a video of a climate protest she took the previous week, and with disrupting traffic during three previous protests.
Coco pleaded guilty to two charges – blocking traffic and failing to comply with police direction – and not guilty to the other charges. She was released on AU$10,000 (US$6,940) bail, but the magistrate ordered her not to leave her apartment for any purpose except for emergency medical assistance or to attend court. She was also ordered not to associate with any other Fireproof Australia member. Coco spent 21 days under what amounted to house arrest. On May 5, 2022, a magistrate amended her bail and, while she was allowed to leave her property, the authorities imposed a curfew banning her from leaving her address before 10 a.m. and after 3 p.m.
In March 2023, Coco was issued with a 12-month conditional release order after a district court judge heard she had been initially imprisoned on false information provided by the New South Wales police.
In August 2022, the state of Victoria followed New South Wales with harsh new measures targeting environmental protesters at logging sites with up to 12 months in jail or $21,000 in fines. In Tasmania, environmental activists now face fines of $13,000 or two years in prison, while nongovernmental organizations that have been found to “support members of the community to protest” face fines of over $45,000.
On May 18, 2023, the South Australia government introduced harsh new anti-protest measures in the South Australian lower house in the morning and then rushed them through after lunch with bipartisan support after just 20 minutes of debate and no public consultation. The bill would increase the punishment for “public obstruction” 60-fold, from $750 to $50,000 or three months in jail, with activists also potentially facing orders to pay for police and other emergency services responding to a protest or action. On May 30, the laws were passed after a 14-hour debate in the South Australian upper house.
India
In February 2021, Indian authorities arrested Ravi who was sent to police custody for five days. Indian authorities also issued arrest warrants against Nikita Jacob, a lawyer, and Shantanu Muluk, an activist, who were granted pre-arrest bail. The authorities alleged Ravi was the “key conspirator” in editing and sharing an online toolkit shared by the Swedish Fridays for Future founder Greta Thunberg on social media, including Twitter, aimed at providing information to those seeking to peacefully support ongoing farmers protests. In granting bail to Ravi, the Delhi court said the evidence on record was “scanty and sketchy,” and that citizens cannot be jailed simply because they disagreed with government policies. It added: “The offense of sedition cannot be invoked to minister to the wounded vanity of governments.”
The Indian government has enforced Information Technology Rules that allow for greater governmental control over online content, threaten to weaken encryption, and seriously undermine media freedoms, rights to privacy, and freedom of expression online. These rules put youth and other human rights defenders and journalists at further risk of being targeted by the authorities for their online content.
Uganda
Young people from across Uganda have faced reprisals for fighting for climate justice. On September 25, 2020, Ugandan police arrested and detained for eight hours eight youth climate activists while participating in the global climate strike in Kampala. The police told them election campaigns were not allowed, although the activists repeatedly explained that they were an environmental—not a political—movement. The activists, only two of whom were above the age of 18, were detained in a room for eight hours, questioned, and then allowed to leave.
Human Rights Watch published a report that documented a range of restrictions on freedom of expression, association, and assembly related to oil development, including the planned East African Crude Oil Pipeline (EACOP) by the government. Civil society organizations and environmental defenders regularly report being harassed and intimidated, unlawfully detained, or arbitrarily arrested. Human Rights Watch interviewed 31 people in Uganda between March and October 2023, including 21 environmental defenders, and several of whom were under 32 years old.
Many student climate activists protesting EACOP have been arrested and charged with various offences in Kampala since 2021. These protests have been largely peaceful and usually small in scale. Since 2021, there have been at least 22 arrests, largely of students, at anti-EACOP protests in Kampala. Nine students were arrested in October 2022 after demonstrating support for the European Parliament resolution on EACOP and charged with “common nuisance.” Their case was finally dismissed on November 6, 2023, after more than 15 court appearances. Another four protesters were arrested on December 9, 2022, as they marched to the National Environmental Management Authority (NEMA) to demand a re-evaluation of the environmental damage caused by EACOP. One of the detainees was kept at an unknown location until the morning of December 12 when all four were released.
Another protesting student was arrested in Kampala on June 27, 2023, after trying to deliver a petition to the Speaker of the House of Uganda’s parliament. He told Human Rights Watch he was taken to an unlawful place of detention known as a “safe house” with his hands tied behind his back, questioned by plain-clothed security officials about who was providing the funding for the protests, before he was knocked to the floor. He said he awoke two days later in the hospital with serious injuries. On July 11, 2023, five individuals were arrested after protesting EACOP in downtown Kampala.
On September 15, 2023, four student protesters were arrested after a “Fridays for Future” and “StopEACOP” joint protest at the Ugandan parliament as part of the “Global Fight to End Fossil Fuels,” a global mobilization and day of action. They were released on bond five days later and have been charged with “common nuisance.” Their next hearing is scheduled for November 27, 2023. One of the students described to Human Rights Watch being held in a room inside parliament and beaten by uniformed parliamentary security officials and others in civilian clothes with “batons, gun butts, and using their boots to step on our heads” before being taken to Kampala’s Central Police Station (CPS). At the CPS he described plainclothes intelligence officers asking: “Who are your leaders? Among us, who is your leader? How many are you? Who are your leaders in different universities? Who is managing your social media accounts?” They then described being beaten further in CPS cells by other prisoners, one of whom said, “We have order from above to discipline you. You need to stop working on EACOP.”
Human Rights Watch encourages the Special Rapporteur to call on governments to:
Promote and protect universally recognized human rights and fundamental freedoms, respect, and protect the work of climate activists, in line with their human rights obligations.
Publicly condemn assault, threats, harassment, intimidation, and arbitrary arrests of activists, and direct security and other government officials to stop arresting, harassing, or threatening activists for protesting or on false accusations.
End arbitrary arrests and prosecutions of human rights defenders, anti-EACOP activists, and peaceful protesters.
Respect and protect the rights of all human rights defenders and civil society organizations to exercise freedoms of association, assembly, and expression, in accordance with international human rights norms.
Where applicable, ratify and implement regional human rights agreements to ensure public participation in environmental decision-making and to protect environmental defenders.
On 8 November, 2023 Human Rights Watch reported that Burkina Faso’s military junta is using a sweeping emergency law against perceived dissidents to expand its crackdown on dissent. Between November 4 and 5, 2023, the Burkinabe security forces notified in writing or by telephone at least a dozen journalists, civil society activists, and opposition party members that they will be conscripted to participate in government security operations across the country.
The transitional military authorities assert that the conscription orders are authorized under the April 13 “general mobilization,” part of a plan to recapture territory lost to Islamist armed groups, which control roughly half of the country. The plan seeks to create a “legal framework for all actions” to be taken against insurgents and gives the president extensive powers to combat the insurgency, including requisitioning people and goods and restraining civil liberties.
“The Burkina Faso junta is using its emergency legislation to silence peaceful dissent and punish its critics,” said Ilaria Allegrozzi, senior Sahel researcher at Human Rights Watch. “The government should not respond to the abusive Islamist armed groups with further human rights abuses but should instead strengthen efforts to protect civilians and uphold basic rights to freedom of expression and speech.”
By targeting individuals who have openly criticized the junta, the conscription undertaken in Burkina Faso violates fundamental human rights, Human Rights Watch said. The recent notifications for conscriptions targeted, among others, Bassirou Badjo and Rasmane Zinaba, members of the civil society group Balai Citoyen; Daouda Diallo, prominent rights defender, secretary-general of the Collective Against Impunity and Stigmatization of Communities (Collectif contre l’Impunité et la Stigmatisation des Communautés, CISC), and laureate of the 2022 Martin Ennals Award for Human Rights Defenders [see: https://www.trueheroesfilms.org/thedigest/laureates/ca7f1556-8f73-4b48-b868-b93a3df9b4e1]; Gabin Korbéogo, president of the Burkina Faso Democratic Youth Organization (Organisation Démocratique de la Jeunesse du Burkina Faso, ODJ); and the journalists Issaka Lingani and Yacouba Ladji Bama.
Domestic civil society groups, media organizations, and trade unions have strongly condemned what one called the “selective and punitive” application of the “general mobilization” decree. In a November 6 statement, the Burkinabe Movement of Human and Peoples’ Rights (Mouvement Burkinabè des Droits de l’Homme et des Peuples, MBDHP) said the general mobilization “has been specifically designed and adopted not to contribute to the fight against terrorism,” but to repress critical opinions.
Human rights activists and journalists told Human Rights Watch they feared being conscripted. “This wave of notifications is affecting people’s mental wellbeing,” said an independent journalist living in Ouagadougou, Burkina Faso’s capital. “I am asking myself if I will be next.”
Some said they decided not to publicly criticize the conscriptions to be able to continue their work. “A human rights defender is useful to others only if he is alive and free,” an activist from the North region said. “I need to keep working and serve my community, and I cannot do so if I am sent to the front.”
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While governments are empowered to conscript members of the civilian population over age 18 for the national defense, there are limits that the junta has far overstepped. Human Rights Watch takes the position that conscription should not take place unless it has been authorized and is in accordance with domestic law. The conscription law needs to meet reasonable standards of fairness in apportioning the burden of military service. It needs to be carried out in a manner that gives the potential conscript notice of the duration of the military service and an adequate opportunity to contest being required to serve at that time. Conscription also needs to be carried out according to standards consistent with non-discrimination and equal protection under law.
Since it took power in an October 2022 coup, the military junta has increasingly cracked down on the media and peaceful dissent, shrinking the civic space in Burkina Faso.
National and international journalists face increasing harassment, threats, and arbitrary arrests. In April, the military authorities expelled two journalists working for the French newspapers Libération and Le Monde following their reports on human rights abuses by the army. In August, Burkinabe military authorities suspended the independent radio station Radio Omega for one month after it broadcasted an interview with supporters of Niger’s ousted president, Mohamed Bazoum. In September, the junta suspended the Paris-based news outlet Jeune Afrique, accusing it of publishing “misleading” articles seeking “to discredit” the national armed forces.
In late October, at least 15 civil society organizations and trade unions called for a mass meeting in Ouagadougou to commemorate the popular uprising of October 30 and 31, 2014, that ended the power of then-President Blaise Compaoré. The groups also challenged the transitional government about the deterioration of the security situation, high cost of living, poor governance, and corruption. On October 28, the Ouagadougou mayor called on the organizers to cancel their meeting due to potential “disturbances to public order.” The meeting did not take place.
“Providing security for the people of Burkina Faso demands a long-term commitment to promote respect for human rights,” Allegrozzi said. “Using conscription to silence dissent will neither advance the junta’s efforts against the Islamist insurgency nor improve the deteriorating rights situation in the country. The government should immediately end this misuse and abuse of conscription.”
Hans Thoolen on Human Rights Defenders and their awards 