Archive for the 'ISHR' Category

Wai Wai Nu: Profile of a Human rights defender from Myanmar/Burma

February 15, 2016

If you threaten human rights defenders, you break the eyes, mouths, legs, and arms of the people’, said the Wai Wai Nu, Director of Women Peace Network Arakan in Myanmar/Burma.

Ms Wai Wai Nu is a Burmese human rights defender committed to working for peace and justice in her country. She is the Director the Women Peace Network Arakan, which she founded in 2012 upon her and her family’s release from prison after seven years of detention.  ‘When I was released, I saw some positive changes in cities but not in rural areas:  not in areas where ethnic minorities lived.  It was then I took responsibility to work for my people’.

The Women Peace Network Arakan carries out civic education and works for the empowerment of women and young people. The Network also encourages interfaith dialogue to build much-needed trust between religious communities. Ms Nu – herself a member of the Rohinga Muslim community – is vocal about the rights of minorities  in Burma. She stresses that the notion of democracy needs to be understood beyond a strict notion of parliamentary democracy where the majority rules. Upholding the rights of the many minority communities in the country requires commitment to democratic processes that respect and protect rights, including land rights.

There are so many human rights violations occurring in Burma – from land grabbing, and sexual violence in conflict areas, to media restrictions, and attacks against human rights defenders. We work with young people, who tend to be open-minded, encouraging them to engage with the spirit of democracy, to work for the promotion of justice and human rights for all’.

Ms Nu is also co-founder of ‘Justice for Women’, which works to promote women’s rights, raises awareness about sexual harassment and discrimination and provides basic legal education.

With the political reforms in Burma since 2011, opportunities for human rights defenders to operate in the country have opened up. However, the environment for defending rights remains restricted and attacks against defenders numerous.  The changing political landscape has seen a rapid increase in foreign companies operating in the country and with it  reported threats against HRDs working in the field of economic, social, and cultural rights. Human rights defenders have experienced arbitrary arrest and former detainees report the fear of re-arrest.

We have to be very careful. Defenders feel they are being watched.  I make sure I speak in terms of the international human rights legal framework, and don’t directly confront the government. I adopt a very diplomatic approach’.

The protection of human rights defenders remains a crucial component of securing the respect of rights in Burma. Ms Nu is clear that when human rights defenders are threatened, there is no protection of the population as a whole, and there can be no progress towards a truly democratic country or economic development. The UN has focused specific attention on Myanmar through the work of the Special Advisor of the Secretary General and the Special Rapporteur on Myanmar. There are also several UN bodies working in the country.

This comes from an interview with ISHR on 10 November 2014.   

Source: Wai Wai Nu: Human rights defender from Burma | ISHR

UN Committee on NGOs denies NGO the right to speak

February 8, 2016

In a post last year I referred already to the fears that the NGO Committee of the UN was becoming very NGO-unfriendly [ https://thoolen.wordpress.com/2015/06/07/uns-ngo-committee-seems-not-very-fond-of-ngos/]. Now the ISHR has reported on another case where this UN committee has shown its lack of fair play by refusing let a NGO apply without even wanting to hear the NGO in question. On 1 February 2016 the International Service for Human Rights informed us that the NGO Committee had voted to close the application of the Khmers Kampuchea Krom Foundation (KKF) denying the NGO the opportunity to apply for consultative status.  This came on the back of the Committee’s decision on Thursday to deny the NGO the opportunity to even speak in support of its own application. Only 3 Committee members voted against closure of the application  – Greece, Israel and the US- with Uruguay abstaining. All other Committee members voted in favour.  Vietnam – the State that has consistently objected to the application by the KKF – congratulated the Committee on its decision and its ability – as it described it – to distinguish between ‘genuine’ NGOs and others.

‘The NGO Committee is known for denying NGOs access to the UN through the practice of multiple deferrals of applications.  However, the Committee has hit a new low in denying an NGO the opportunity even to apply for access,’ said ISHR’s Eleanor Openshaw.  ‘Furthermore, it allowed accusations to be made against the NGO during its own session, without allowing the NGO to respond. The NGO Committee has allowed an NGO to be stigmatised and then silenced.  ECOSOC must reverse the decision of its Committee on this case at its next session in April.’

 

The request by Cuba, Nicaragua and Venezuela to close KKF’s new application was challenged by the US who called the move premature, as the NGO’s application had only been considered once by the Committee. It was agreed the NGO Committee would vote on the application on Friday morning. The members of the Committee then voted on the Chair’s proposal to allow the NGO to speak at the regular Q&A held at the end of each day the NGO Committee sits. Greece, Israel, US and Uruguay voted in favour of allowing the organisation the right to speak. Russia abstained. All other members of the Committee – Azerbaijan, Burundi, China, Cuba, Guinea, India, Iran, Mauritania, Nicaragua, Pakistan, South Africa, Sudan, Turkey, Venezuela – all voted against, except Guinea who was absent.

The US noted that it was essential that the KKF be allowed to speak as this had to date been a one-sided discussion based on Vietnam’s original protest against the NGO. The US noted that ‘a serious allegation of misconduct’ was made against the NGO and the Committee was denying the NGO a chance to respond. They characterised the vote as one between freedom of speech and silencing debate. Committee member Greece rightly noted that one thing is to object to an NGO and another is to silence them’.

Not only has the reputation of the organisation been seriously questioned, but a dangerous precedent set where an UN Committee silences an NGO seeking to engage with the UN. This is plainly incompatible with the rights to freedom of expression and association,’ Ms Openshaw said. ISHR’s view in this regard is strongly supported by the UN’s own expert on freedom of association and assembly, Maina Kiai, who in a report in 2014 said that multilateral institutions have a legal obligation to ensure that people ‘can exercise their rights to freedom of peaceful assembly and of association in multilateral arena’. In that same report, the Special Rapporteur was particularly critical of the conduct of States on the UN’s Committee on NGOs, resulting in the systematic exclusion of NGOs working on human rights issues. ‘States sitting on the Committee should champion the right to freedom of association and the right to freedom of peaceful assembly,’ said Mr Kiai in his report.ISHR-logo-colour-high

see also: https://thoolen.wordpress.com/2015/05/04/jean-daniel-vigny-hopes-to-improve-ngo-participation-at-the-un/

Source: UN Committee on NGOs: Don’t deny NGO the right to speak | ISHR

What is Burundi doing in the UN Human Rights Council?

February 8, 2016

Burundi is still one of the basket cases in Africa and since my lats post nothing has improved [https://thoolen.wordpress.com/2015/11/10/burundi-what-more-early-warning-does-one-need/].  The Special Session of the Human Rights Council in December 2015 mandated the High Commissioner for Human Rights to put together an expert mission to Burundi, to investigate abuses and make recommendations to the Council and the Burundian government on ways of ending serious human rights violations. But the follow-up is below par: Read the rest of this entry »

Teo Soh Lung: Human Rights Defender from Singapore

February 5, 2016

This month’s profile of a human rights defender in the ISHR Monitor is that of  Teo Soh Lung, Director of Function 8 Limited. The interview was conducted during the Universal Periodic Review (UPR) of Singapore.

Soh Lung started her career as a lawyer with no intention of becoming a public figure, but ‘I always felt that as lawyers we should do more than just earn a living.’  Early in her career Soh Lung worked at a Catholic centre, a form of half-way house, which assisted people ranging from migrant workers, Filipino domestic workers to former convicted offenders. ‘We were happily busy doing this kind of work, not thinking that we were ‘defenders’ as such.’ 

In the early 1980s, Soh Lung became active in the Law Society of Singapore and with a number of other lawyers established the criminal legal aim scheme. In association with the Law Society she started to comment on bills proposed by the Government. ‘We thought, as lawyers we should assist the Government by commenting on bills. Singapore was a one-party State at this time. However, the Government did not want to hear our opinions and soon afterwards a law was passed which restricted our right to comment on bills.’  

On 21 May 1987 Soh Lung was arrested without charge as permitted by the Internal Security Act (ISA). Around this time 21 other young people including lawyers involved in the Law Society were also arrested. ‘I was accused of trying to overthrow the Government and manipulating the Law Society – I was made out by the Government to be the ring leader.’ 

Months later, those detained were released. Given no one knew the truth about what had transpired, 9 out of the 22 arrested decided to publish a press statement which denied the Government’s story and confirmed that they had been tortured while in detention. The next day the 8 of the 9 were re-arrested (the ninth was out of the country). ‘Our cells were incredibly dirty. There were slits for air. I was in solitary confinement the entire time, other than a lizard and insects that kept me company.’ 

While detained, Soh Lung commenced habeas corpus proceedings, arguing that she had been unlawfully detained. ‘Initially Francis Seow, the former Solicitor General, represented my case. However, when he came to the prison to interview me he himself was arrested because he was communicating with international human rights bodies and the American Ambassador – the Government alleged he was receiving money from the CIA. He spent 72 days in jail.’ Soh Lung referred to the difficultly she had finding lawyers to represent her. ‘Historically anyone that represented ISA detainees were then detained themselves.’

When the Court handed down its decision, it decided Soh Lung’s case on technical grounds. This meant that her substantive argument had not been considered – and most importantly – that she could be re-arrested as and when the Government wished. ‘As soon as we stepped outside of the prison gate I was re-arrested. This was, and still is not, unusual. The judicial system doesn’t have any power to keep people free if the Government wants them to remain imprisoned.’  Soh Lung was in prison for another 2 years, during which time the law changed and the right to judicial review, as well as the Privy Council were abolished.

‘As a lawyer if you start a fight, you need to fight until the end. After my appeals of my re-arrests were unsuccessful and the change to the law, I realised there was nothing more I could do with the judiciary to ensure my release. In 1990 after two years of detention, I was released with restrictions.’   It took Soh Lung 20 years to publish the book she wrote about her detention the year after she was released.

‘I knew people would continue to be treated as I was if I didn’t speak out about it. There were people who were arrested before me under the ISA, but I didn’t know about this when I was arrested. I wanted to create awareness within civil society.’  The civil society movement, and in particular ISA defenders, in Singapore went quiet in the 1990’s after Soh Lung’s arrest, but regained strength and became more active about the time of the release of her book and her story.

‘In 2013 there was an event on the 50th anniversary of Operation Cold Store during which names of those who had been arbitrarily detained were made public. A few years after the event, there were 1315 names on the list – which was initially a list of about 700. After all this time and among others who had similarly suffered, people had the strength to speak out about their experience.’ 

In 2010 Soh Lung and others detained with her established Function 8, an NGO which submits on indefinite imprisonment without trial that is currently permitted by three Singaporean statutes – the Internal Security Act, the Criminal Law (Temporary Provisions) Act and the Misuse of Drugs Act. Soh Lung travelled to Geneva as an observer on behalf of the Alliance of Like-Minded Civil Society Organisations in Singapore (ALMOS) during Singapore’s UPR. ‘We are excited about engaging more with the UPR. It is a new process for us. One which we believe can assist to hold Singapore accountable to its international obligations and bring about national change, and hopefully one day, the repeal of the ISA.’ 

Source: Defender profile: Teo Soh Lung from Singapore | ISHR

Profile of Sharon Hom, human rights defender working on China

January 12, 2016

The ISHR on 3 December 2015 carried a profile on Sharon Hom, human rights defender working on human rights in China.

Read the rest of this entry »

Profile of Stephania Koulaeva, human rights defender in Russia

January 8, 2016

In December 2015 the ISHR published this profile of Russian human rights defender Stephania Koulaeva 

Stephania Koulaeva, a historian by education, explains the ever-expanding scope of her human rights work. Her interest was drawn to the memorial movement in Russia: ‘at first from a historical perspective, then from a human rights perspective.’ As a student, Stephania was involved in anti-fascist and anti-racist groups, primarily focused on the rights of the Roma minority, the most visible minority in Russia at the time. After new waves of migration began from Central Asia in the late nineties, Stephania expanded her work to issues surrounding migration. This then broadened further to include women’s rights, LGBTI rights, and she eventually became involved in the protection of human rights defenders. Her organisation, Anti-Discrimination Centre Memorial (ADC Memorial) is the only organisation in Russia that combats discrimination on such a wide range of issues.

Unfortunately, shrinking space for civil society has consistently been a serious threat within Russia. ‘In the 1990s and early 2000s, neo-nazis attacked and occasionally murdered human rights defenders working on discrimination issues. At that time that was the primary danger; the main danger we face now is political oppression by the Government.’

Over the past few years – particularly since Vladimir Putin’s 2012 return to presidency – the Russian Government has cracked down on NGOs, often by accusing them of being ‘foreign agents’ due to their ‘political activity’. ADC Memorial was forced to choose between officially registering as a ‘foreign agent’ or closing down for submitting a report to the UN Committee against Torture in the lead up to Russia’s 2012 review by that body. As the label of ‘foreign agent’ would greatly restrict the work ADC Memorial was able to carry out, it made the difficult decision of closing the organisation down in 2014. Since then, ADC Memorial has been operating without official Russian registration.

The continued operation of ADC Memorial does not indicate an alleviation in the Government’s harsh approach to civil society, and in November of this year, prominent NGO Memorial Human Rights Centre was targeted in the same manner: ‘They received a letter from the prosecutor stating that they had violated the Constitution of the Russian Federation for fulfilling their work.’ Memorial Human Rights Centre had previously ‘criticised Russian aggression in the Ukraine’ and ‘disagreed with the arrest of certain civil activists’. It is most likely being threatened due to this ‘political action’. ‘This is a very dangerous step for the Government to take. They are now criminalising human rights activity; the situation is rapidly getting worse.’

Stephania has a positive outlook on her previous interactions with the UN, acknowledging that the UN has done their utmost to stop the criminalisation of human rights defenders. ‘We’re very grateful for all the support that we’ve received from various treaty body committees that we’ve worked with; they’ve all recognised the work of civil society and given meaningful recommendations in the framework of their mandate.’ However, the political reality of the UN’s influence is not always as effective. ‘It’s very difficult to oppose Russian politics, even at the level of the United Nations.’ Stephania is now looking outward to bring domestic change to Russia, as anti-discrimination laws now seem ‘unlikely – although pressure on the Government will continue.’ She hopes to find some success in international courts, citing potentially useful precedents at the European Court of Human Rights in cases regarding migrants and stateless people.

‘We can’t simply stay within our borders – it’s impossible to tackle issues solely within Russia without also looking at related issues in neighbouring countries.’

see also: https://thoolen.wordpress.com/2014/02/09/12-human-rights-defenders-who-are-not-on-the-slopes-of-sochi/

Source: Defender profile: Stephania Koulaeva working in Russia | ISHRISHR-logo-colour-high

Angela Mudukuti, human rights defender from the Southern Africa Litigation Centre

December 28, 2015

Though positive engagement with businesses should be considered a preferred option when it comes to promoting corporate respect for human rights, sometimes the open legal confrontation of human rights violators is the only way to make progress. This is when human rights defenders such as Angela Mudukuti, a lawyer running the International Criminal Justice Programme at the Southern Africa Litigation Centre (SALC), are critically needed.  The International Service of Human Rights (ISHR) published an interview with her on 27 November 2015.ISHR-logo-colour-high

She defends a holistic approach to justice, where corporate accountability should be sought whenever businesses are involved in violations, regardless of the sectors or human rights affected.  And in cases of complicity in war crimes, genocide or crimes against humanity, she says “corporate accountability is important to all the victims”.

Given the weighty consequences they face if their responsibility for such gross violations is revealed, Angela’s experience is that corporate entities are mostly reluctant to facilitate engagement with human rights defenders, making litigation procedures the only way to ensure transparent investigation and accountability. Yet, suing companies and especially major corporations for complicity in gross human rights violations can prove to be dangerous, even for the best-trained defenders. “We work regionally and so we often face regional and local threats. For example: infiltration into your information databases; other security threats which can be physical in nature… corporate entities … have the ‘muscle’ to intimidate you and they will seize any opportunity to do so…

Angela and other members of the SALC team have also experienced personal threats, but she remains positive, seeing these challenges as an “indication that you are doing the right thing” and a part of the burden carried by most human rights defenders in the world. She also highlights that threats do not come only from corporate or government entities, but also from “individuals who disagree” with the work she is doing.

Other practical obstacles can impede SALC’s human rights work such as a lack of access to information to build proper advocacy, and resistance from legal administrative bodies. Yet, this does not prevent SALC from extending their litigation work into advocacy, which is jointly conducted with local organisations throughout Southern Africa: “The first thing is to decide if litigation is viable or if the same results can be achieved by other means. Secondly, should we decide to litigate we need to determine how we can structure the advocacy around it because raising awareness is very important.”

 

Many corporate entities involved in gross human rights violations have transnational activities for which the “ramifications transcend boarders”. This makes the work of corporate responsibility defenders even more challenging, and is one of the reasons why SALC has a regional focus. Angela says the regional nature of violations also demands that the international community “be united and prioritise business and human rights (…) in Southern Africa and in other parts of the developing world”.

The SALC is also looking to address  the devastating environmental implications of various corporate projects.

Follow Angela on Twitter at @AngelaMudukuti.

Defender profile: Angela Mudukuti from Southern Africa Litigation Centre | ISHR

Erik-Aimé Semien: human rights defender from Côte d’Ivoire

December 26, 2015

 

Erik-Aimé Semien is a lawyer and human rights defender at Observatoire Ivoirien des Droits de l’Homme, a non-governmental organisation that aims to achieve human rights progress through capacity building and constructive dialogue with the authorities. On 9 July 2015 he talked with the Intern national Service for Human Rights about his work. ‘What we want’, Eric explains, ‘is to make them understand why human rights are important for the progress of our nation’.ISHR-logo-colour-high

Eric was first drawn to human rights when Cote d’Ivoire plunged into civil war in 1999, following a military-led coup d’etat. What followed were ten years of violence and sectarian strife. ‘We are a country coming out of ten years of civil war, but the main problems are not yet solved. It was widespread frustration and a lack of democratic institutions that caused the war; and it is for overcoming frustration and the creation of democratic institutions that we continue to struggle.’

Eric explains that frustration is caused when there is a lack of transparency in government work, when the president favours his regional or ethnic group over others, when there is impunity for war crimes, and when voices critical of the government are excluded from debate.

Take the national TV, a public service paid for by public taxes. If you watch TV in Cote d’Ivoire, you will receive the impression that the perspective of the president of the republic is the only perspective there is. It was the same for the former president. This means that if you disagree with government policy, National TV will no longer interest you, for you will find no expression of your opinion. This begs the question, if you disagree, where can you go? To whom can you speak? The result is frustration. The media outlets need to be open to everybody, to civil society, to the opposition, to everybody.

In addition to advocating for more inclusive democratic institutions, Observatoire Ivoirien des Droits de l’Homme works to combat impunity. The war lasted ten years, but today, not only do many people on the winning side who committed human rights violations walk free, but they also enjoy appointments in the army and the administration.

‘After the war I think we should have a fair and equitable justice. What a victim wants is to see those who committed human rights violations behind bars. We organise victims and take their cases to court. We say to the judge, find out who did this and send them to prison. If they do this, it will release tension. The government recently set up a trust fund that provides financial compensation for victims. This is a positive step. But it needs to be accompanied by a clear message: whoever you are, in whatever position, you are not above the rule of law.’

One of the challenges Eric faces is a lack of awareness in the government of what human rights defenders are and what they do.

‘In Cote d’Ivoire certain authorities don’t have a clear idea of the role of civil society. They think we are causing a disturbance when all we want is the progress of our nation. But I have to admit that the situation is improving. Previously the authorities were closed but now they are much more open. They listen to us more and we are allowed to participate in meetings.’

One remarkable result of this increased openness on the government’s part is the adoption in June 2014 of a law that protects human rights defenders. ‘In the build up to the drafting of this law, we clearly explained why protecting human rights defenders was important. Many human rights NGOs were involved in the process. We had several meetings with parliament representatives and even at the national assembly. We had to explain who human rights defenders were and why protecting them is important. I am proud of Cote d’Ivoire that we have adopted this law, which is the only law of its kind on the African continent.’

The law, although still largely unknown, has already had a positive impact. In 2014 the leaders of a public assembly protesting the high costs of grocery goods were arrested. But the Observatioire Ivoirienne intervened and showed the prosecutor the law. The protesters were subsequently freed. ‘Now, whenever we have a problem with authorities, we can show them this law, and they will see that we are protected. This will make our work much easier and less dangerous. In a democracy, in a rule of law state, the government should engage with civil society. The role of civil society is that of counter balance. We don’t want to antagonise the authorities needlessly nor do we seek power. We would like to see change coming from the inside and genuinely inclusive democratic institutions and not just superficial engagement. I am proud of Cote d’Ivoire for the progress we have made, of which this new law is tangible proof, but we still have some way to go. The frustration that causes war needs to be eliminated for good.

Source: Erik-Aimé Semien: Human rights defender from Côte d’Ivoire | ISHR

Attila Mraz: Human rights defenders in Hungary have their work cut out

December 23, 2015
Attila Mraz works for the Hungarian Civil Liberties Union (HCLU) on political participatory rights, while also completing a PhD in political theory focusing on the required conditions for a State to be qualified ‘democratic’. Talking with the International Service for Human Rights in the series Defenders Profiles (25 September 2015) about the reasons for his commitment to political participatory rights he said: ‘Democratic rights fascinate me because they are such an important feature of human life – we have to live together and solve certain problems despite having diverse perspectives. Political participatory rights provide necessary guarantees for equal and fair participation which facilitates the resolution of different societal views – that is what I care about.’

Read the rest of this entry »

Follow up on the Human Rights Defenders Resolution in the UN

December 5, 2015

Last week I wrote about how the UN Resolution on HRDs did in the 3rd Committee of the UN General Assembly [https://thoolen.wordpress.com/2015/11/26/unfortunately-the-un-voted-on-the-resolution-on-human-rights-defenders/] and how South Africa has turned around [https://thoolen.wordpress.com/2015/11/30/south-africa-does-about-turn-on-un-resolution-on-human-rights-defenders/]. The date of the vote in the Plenary is not yet confirmed but is likely to be 18 or 21 December. The voting record is available: http://www.un.org/en/ga/third/70/docs/voting_sheets/L.46.Rev.1.pdf

Fourteen States voted no on the resolution (China, Russia, Syria, Burundi, Kenya, Myanmar, Nigeria, Saudi Arabia, Zimbabwe, North Korea, South Africa, Iran, Pakistan, and Sudan). In some of these countries civil society has expressed disappointment. e.g.

In Pakistan the Human Rights Commission of Pakistan (HRCP) in a statement issued on Tuesday, said: “At the same time, HRCP must express alarm and great disappointment that Pakistan chose to be one of the 14 nations that voted against the resolution.“ “While regretting Pakistan’s decision to oppose the resolution, the civil society is entitled to ask what rights defenders have done to deserve this step-motherly treatment. It is unfortunate that the government wishes to see civil society as an adversary. The civil society cannot, and must not, surrender its role as a watchdog for people’s rights because that constitutes an entitlement, by virtue of citizens’ social contract with the state, and not as a concession” “The HRCP also stresses people’s right to know through an explanation in parliament the reason why the government chose to deny the need for protection for HRDs, who include, besides human rights groups, journalists, lawyers, political and social activists.Read the rest of this entry »