For the weekend a longer read: On 22 April 2014, human rights defender Dr Yuri Melini in Guatemala discovered that intimidating text had been painted on his front gate. The text names the member of the police provided as personal security to the human rights defender since an assassination attempt was made against him. Yuri Melini is the Director of the Centro de Acción Legal, Ambiental y Social de Guatemala (CALAS) – Legal, Environmental and Social Action Centre of Guatemala. CALAS is an organisation working for the strengthening of environmental issues, community participation and respect for the collective rights of indigenous communities in relation to environmental concerns. The human rights defender was awarded the Front Line Defenders Award in 2009. The human rights defender has previously faced harassment, intimidation, defamation and an attempt on his life as a result of his human rights work, see: http://www.frontlinedefenders.org/node/23190 [Last year eighteen human rights defenders were assassinated, a 72-percent increase over 2012, even as the country’s general murder rate has decreased.]
To place this incident in context one should read the report by Patricia DAVISpublished in Eurasia Review of 28 April 2014: “GUATEMALA: SUPPRESSING DISSENT AT HOME AND ABROAD – ANALYSIS”
After a lengthy introduction concerning the ad personam attack by Guatemalan President Molina on Tim Rieser, majority clerk on the Senate State and Foreign Operations Appropriations Subcommittee (for blocking military aid), the article dives into the numerous human rights problems in the country. Read the rest of this entry »
A regional workshop in Bangkok has highlighted issues like enforced disappearances, legal support for families of the disappeared and peaceful assembly and association. High on the agenda is also protecting rights activists, within the ASEAN regional human rights system. Presenter: Sen Lam interviews Emmerlyne Gil, international legal advisor, International Commission of Jurists, Bangkok: Read the rest of this entry »
Yesterday, 20 March 2014, there was a fierce debate in the UN Council of Human Rights where the issue of the right of NGOs to speak came up, more precisely whether accredited NGOs had the right to let speakers mention other NGOs who do not have such accreditation. In this case it was China taking exemption to the FIDH letting its member NGOs (including a pro Tibetan group) take the floor in its name. For more context see my post of yesterday: https://thoolen.wordpress.com/2014/03/20/china-in-the-un-human-rights-council-manages-to-silence-cao-shunli-as-well-as-ngos/.
The Chair and Secretariat rightly spoke of a standing practice in this regards. One such precedent is 30 years old and probably lost to most observers, so I give here my own recollection of this story in the hope that someone with access to the UN files or a better memory can confirm or correct the details.
It is 1982 and the Working group on Disappearances (created in 1980 after a long struggle and with the active support from the then Director Theo van Boven)) is reporting to the Commission on Human Rights (the predecessor of the Council). The International Commission of Jurists (ICJ), of which I was the Executive Secretary at the time, has lined up to speak. Read the rest of this entry »
(Cao Shunli, the Chinese activist who died in custody (c) Photograph: Reuters)
For those with an interest in how the UN Council deals with criticism – in this case of China – should follow the debate on the UN webcast (or see the video on demand later) [http://webtv.un.org/live-now/watch/25th-regular-session-of-the-human-rights-council/2178978642001/#]. What happened in short is that during the debate on the adoption of China’s UPR report on 20 March, the International Service of Human Rights (ISHR) called for a few moments of silence to remember Cao Shunli, the human rights defender who recently died in detention (see references below). China then invoked a point of order saying that speakers should make general statements and that did not include asking for silence. During a long procedural debate many views were expressed – mostly supportive of China – but some others clearly stating that freedom of speech included the right not to speak. The interpretation of the rules of procedure then seemed to lead to the conclusion that the UPR (Universal Periodic Review) should not be ‘politicized”….and that from the eminently political entities called Governments! Sensing that a majority would support it, China insisted on a ruling by the Chairman that this kind of intervention needs to be ruled out for the future. The big majority of States, fearing a ‘precedent-setting’, rejected even the compromise proposal by the Chair to discuss the issue further in the Bureau (at a later time) with a vote of 20 against 13 (and 12 abstentions). The World Organisation Against Torture (OMCT), the second NGO to get the floor, then continued the request for a minute of silence for Cao Shunli. This was of course again interrupted. So, the Council ended up supporting China’s tough stance, in spite of several other NGOs and a few countries coming out with strong support for the moment of silence.
When the FIDH then let one its member organisations (including the Campaign Against Tibet) speak on its behalf, the Chinese delegation (perhaps emboldened by its earlier success) decided to interrupt again asking that the FIDH only identifies itself and not its members. This led to another procedural debate on whether NGOs with consultative status are allowed to mention other NGOs that have no such status (a standing practice I should add, which was established far back in the 80s when Argentina tried – in vain – to stop the ICJ from letting an Argentinian lawyer, Emilio Mignone, to speak about the disappearance of his own daughter).
Perhaps there will be further debate on these procedural aspects, but it is unlikely that the UPR comes out of this as a serious innovation in dealing with human rights violations.
(High Commissioner for Human Rights Navi Pillay at the 25th session of the Human Rights Council. UN Photo/Jean-Marc Ferré)
Yesterday, 3 March 2014, the top UN functionaries opened the 25th session of the UN Human Rights Council with calls for the protection of members of civil society who pursue justice in their countries (a long euphemism for Human Rights Defenders).
“Streets, airwaves, entire countries are buzzing with demands for economic, social and political justice,” UN High Commissioner for Human Rights Navi Pillay said. Setting out this agenda and acknowledging the hard work that lay ahead in ensuring that all people enjoyed equal rights, Ms. Pillay emphasized the important role of civil society in those efforts. “We need to work together to ensure that the space, voice and knowledge of civil society is nurtured in all our countries,” she stressed. Recalling reports of what she labelled “intolerable” reprisals against people who coöperate with the UN’s human rights activities, she called for more action to protect them. “The UN itself is required to protect and support those who contribute to its work, often at great personal risk,” she said.
Secretary-GeneralBan Ki-moon added on this point that, “No one should have to risk their life for standing up and speaking out on violations of human rights and international humanitarian law.” Civil society was the representative of “We the Peoples,” as cited in the opening of the UN Charter, and that it must be able to carry out its vital work, “free of reprisals and intimidation.” In that context, the Secretary-General highlighted the “Rights Up Front” action plan that he launched last year to ensure that human rights considerations were the top priority in all UN activities. “This initiative seeks to ensure that the United Nations system leverages the full breadth of its mandates to protect people at risk,” he said. [https://thoolen.wordpress.com/2013/12/26/rights-up-front-presented-by-jan-eliason-it-is-irrefutable-that-serious-human-rights-violations-are-the-best-early-warning-of-atrocities/]
Interesting to note that while in Geneva, the Secretary-General met 4 NGOs: the International Service for Human Rights, Amnesty International, Human Rights Watch and the International Commission of Jurists. Their discussion certainly stressed human rights defenders and the importance of protecting them from attacks.
While most attention is focused on the demonstration in Ukraine, a recent report by the respected International Commission of Jurists [ICJ] casts light on alarming trend of disbarments and suspensions of lawyers. The report casts light on a conflict in the legal profession, which has led to apparently arbitrary disciplinary action against a significant number of lawyers. The report reveals the escalating dispute in the legal profession following the implementation of a new law, signed by the President on 5 July 2012, which significantly changed the organization of the profession and provides for the establishment of a new bar association. The law,Read the rest of this entry »
Today, 18 November, a group of 14 Africa-based NGOs came out with a strong statement supporting the ICC which has its annual meeting coming up 20-28 November in the Hague: “African governments should reject special exemptions for sitting officials before the International Criminal Court (ICC)“, African organizations and international organizations with a presence in Africa said in a document released today. The ICC faces important challenges in Africa. In October the African Union said that the trials of Kenya’s president and vice president, Uhuru Kenyatta and William Ruto, should be suspended
launched two innovative legal databases: the Sexual Orientation & Gender Identity (SOGI) UN Database and the SOGI Legislative Database. Read the rest of this entry »
The City of Geneva and the Martin Ennals Foundation announce the 2013 edition of Martin Ennals Award, which will take place on Tuesday 8 October 2013 at 18h00 at the Uni-Dufour, Geneva. The Laureate will be announced Read the rest of this entry »
Legislative restrictions on “homosexual propaganda” threaten LGBT human rights defenders says the International Commission of Jurists (ICJ) in Geneva which is concerned by the growing number of laws and legislative proposals in a variety of countries that severely threaten the work of lesbian, gay, bisexual and transgender (LGBT) persons and human rights defenders. Ahead of the 22nd session of the Human Rights Council the ICJ today (27 February 2013) submitted a written statement to the UN encouraging the Human Rights Council’s Special Rapporteur on the situation of human rights defenders to follow up on these laws and legislative proposals. Pointing to unlawful restrictions on the freedoms of association and assembly, and the freedom of expression, in several countries (including Uganda, Ukraine and the Russian Federation), the ICJ encourages the Special Rapporteur to call on governments to protect these rights for everyone and to ensure that any restrictions comply with the requirements of legality, of necessity and proportionality and of non-discrimination on all grounds. Moreover, in the case of laws or legislative proposals that fail to comply with these requirements, Governments should take appropriate action.
To download the statement, go to the press announcement:
Hans Thoolen on Human Rights Defenders and their awards 