On Thursday 20 April, the Lebanese lawyer, human rights defender and director of the NGO Legal Agenda Nizar Saghiyé was summoned to appear before the Beirut Bar Council. The summons followed Mr Saghiyé’s criticism of an amendment to the Code of Ethics of the Beirut Bar Association which prevents lawyers from speaking publicly in the media without prior authorisation from the President of the Bar Association.
EuroMed Rights, Front Line Defenders, the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), both within the framework of the Observatory for the Protection of Human Rights Defenders, express their support for Mr Nizar Saghiyé and strongly condemns this summons. Requiring lawyers to obtain prior authorisation from the President of their Bar Association before making any media statements curtails their freedom of expression.
The modification of the Code of Ethics published by the Beirut Bar Association on 3 March 2023, interferes with Article 19 of the International Covenant on Civil and Political Rights, which was ratified by Lebanon in 1972. In addition to the ICCPR, the UN Basic Principles on the Role of Lawyers makes clear that whilst states bear the primary obligation to protect lawyers, they share this with the bar associations (Principle 25). In addition, Principle 23 states that “Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognized standards and ethics of the legal profession.“
Currently, the Lebanese government is debating a new media law behind closed doors and there has been an increase in the number of arrests of journalists. Recently the President of the Lebanese Bar Association recently denounced the “chaos and confusion” allegedly created by the proliferation of websites and social networking platforms. This latest summons is a worrying development in an already troubling trend towards limiting freedom of expression of Nizar Saghiyé, the Bar’s lawyers, amongst others.
On 8 March 2022 the Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests an urgent intervention in the Philippines.
The Observatory has been informed by Karapatan Alliance Philippines (Karapatan) about the arbitrary detention and judicial harassment of Dr. Maria Natividad Marian “Naty” Castro, a public health practitioner and human rights defender. Ms. Castro has worked in the poorest and most marginalised areas in the Philippines as a community-based health worker. She has also worked for the defence of community rights of the indigenous Lumad and is a former National Council member of Karapatan.
In February 18, 2022, officials of the Philippine National Police (PNP) and the Philippine Army (PA) arbitrarily arrested Ms. Castro at her residence in San Juan City, Manila. The members of the PNP and PA presented an arrest warrant issued by the Regional Trial Court Branch 7 of Bayugan City, Agusan del Sur, in January 2020, on charges of “kidnapping” and “serious illegal detention” (Criminal Case No. 6527), filed by public prosecutor Genesis Efren in March 2019. Ms. Castro, together with 540 other individuals, is being accused of kidnapping and detaining an unknown individual in Barangay Kolambungan, Sibagat, Agusan del Sur Province, on December 29, 2018.
Following her arrest, Ms. Castro was taken to the San Juan City Police Station and then moved to the Quirino Memorial Medical Center in Quezon City to undergo medical examination. She was subsequently brought to the PNP’s headquarters in Camp Crame. However, neither her family members nor legal counsels were allowed to have contact with her, and their requests to bring her medicine for hypertension and diabetes were dismissed.
On the same day in the afternoon, Ms. Castro was flown to the island of Mindanao without her family or legal representatives being informed. On February 19, 2022, the authorities held Ms. Castro incommunicado. Only after multiple calls from her family and legal representatives, the PNP disclosed that Ms. Castro was being held at the Bayugan City Police Station in Agusan del Sur Province.
On the afternoon of February 20, 2022, Ms. Castro’s family and legal counsel were able to visit her and bring her medicines. On February 22, 2022, the Regional Trial Court Branch 7 of Bayugan City ordered her transfer to the Agusan del Sur Provincial Jail, where she was still being detained pending trial at the time of publication of this Urgent Appeal.
Ms. Castro’s lawyers filed a petition for bail and a motion to dismiss the charges against her. Both requests were pending before the court at the time of publication of this Urgent Appeal.
The Observatory for the Protection of Human Rights Defenders notes that since November of 2020, Ms. Castro has been a victim of red-tagging. Her name and picture have been circulated on social media platforms in Lianga, Surigao del Sur Province, falsely accusing her of being a “communist”, a “terrorist”, and a member of the New People’s Army (NPA).
Human rights defenders in the Philippines have been subjected to trumped-up charges and lengthy pre-trial arbitrary detention. Karapatan members have been subject to frequent harassment, criminalisation, and attacks, including the killing of Ms. Zara Alvarez and the arbitrary detention of Teresita Naul, Alexander Philip Abinguna, Nimfa Lanzas, and Renayn Tejero. Ms. Naul was released on October 28, 2021, after 18 months of arbitrary detention. Mr. Abinguna and Mses. Lanzas and Tejero remain detained. See also: https://humanrightsdefenders.blog/2021/05/27/william-zabel-human-rights-award-2021-to-philippines-ngo-karapatan/
On 26 January 2022 four major NGOs made a strong joint statement on India:
We, the undersigned civil society organizations, are deeply concerned about the ongoing harassment of 18 human rights defenders under the Unlawful Activities (Prevention) Act (UAPA) in reprisal for their advocacy work against the Citizenship (Amendment) Act (CAA) 2019. Thirteen of those arrested under the UAPA are currently in Rohini, Tihar, and Mandoli jails, New Delhi. We call for the immediate and unconditional release of all the human rights defenders arrested, and the dismissal of all charges against them.
The CAA has been widely criticized by activists, human rights defenders, civil society organizations, students and the international community for being openly sectarian and discriminatory against Muslims. After the CAA’s adoption, protesters across the country took the street to voice their concerns against the legislation, which goes against India’s Constitutional principles of secularism and equality. Police authorities responded by arresting human rights defenders and activists who spoke up against the CAA. Most of them were student activists and human rights defenders from the minority Muslim community.
The arrests of human rights defenders began in February 2020 and are still ongoing. Many of them had multiple First Information Reports (FIR) registered against them and were charged with serious offenses, including under UAPA. Of those arrested, only five human rights defenders – Natasha Narwal, Devangana Kalita, Safoora Zargar, Asif Iqbal Tanha, and Md. Faizan Khan – were released on bail. Thirteen others – Sharjeel Imam, Umar Khalid, Khalid Saifi, Tahir Hussain, Saleem Malik, Mohd. Saleem Khan, Meeran Haider, Shadab Ahmed, Tasleem Ahmed, Shifa Ur Rehman, Athar Khan, and women human rights defenders Ishrat Jahan and Gulfisha Fatima– remain in jail. Despite prolonged incarceration, the trial for their case has not commenced yet.
On 24 January 2022, a Delhi court framed charges against human rights defender Sharjeel Imam while rejecting his application for bail. The charges include Sections 124A (“sedition”), 153A (“promoting enmity between different groups on grounds of religion), 153B (“imputations, assertions prejudicial to national integration”), 505 (“statements conducing to public mischief”), along with Section 13 (“punishment for unlawful activities”) of the UAPA.
Khalid Saifi, Ishrat Jahan, and Gulfisha Fatima have reported custodial violence and torture by the Delhi police. There has been no effective investigations into these allegations or responsibility taken for their treatment. Shifa Ur Rehman, who has been in detention since 26 April 2020, suffers from severe kidney disease and has been denied access to adequate medical care in prison.
We express our deep concern over the harassment and arbitrary detention of human rights defenders that appear to be in retaliation to their peaceful activism and the legitimate expression of dissent against a discriminatory law. Despite the risks, human rights defenders have raised their voice for those oppressed by the CAA and in support of the Constitutional values that represent India.
We call on the Indian authorities to protect those defending human rights values and principles enshrined in national laws and to uphold international human rights commitments. We stand in solidarity with those who cannot speak out due to their incarceration, threats by Indian authorities, or due to a prevailing sense of fear. The treatment of these human rights defenders highlights a pattern of perpetrated abuse and violence, which is also exerted through legal mechanisms. This is especially concerning given India’s membership in the United Nations Human Rights Council and its pledge to preserve and protect human rights.
We urge the relevant authorities in India to:
1. Immediately and unconditionally release all human rights defenders arrested for protesting against the CAA, dismiss all charges, and cease all forms of harassment against them. 2. Guarantee under all circumstances that the arrested human rights defenders are not subjected to any form of torture and other ill-treatment while in police custody, and guarantee their access to adequate medical care and treatment. 3. Initiate a thorough judicial review of the Unlawful Activities (Prevention) Act and the Citizenship (Amendment) Act in genuine consultation with independent civil society organizations and human rights defenders, with a view to aligning these laws with India’s obligations under international human rights law. 4. Guarantee in all circumstances that all human rights defenders in India are able to carry out their legitimate human rights activities without fear of reprisals, and free of all restrictions—including police and judicial harassment.
Please inform us of any actions that may be taken with regard to the above case.
-FIDH · Civicus: · Front Line Defenders · World Organisation Against Torture (OMCT)
On 14 December 2021 a Statement “Bangladesh: Stop Harassment of Human Rights Defenders” was published by Forum Asia, FIDH and other NGOs: “Bangladesh authorities must end the harassment of Adilur Rahman Khan and ASM Nasiruddin Elan, respectively Secretary and Director of the human rights group Odhikar, who have been targeted through the misuse of the criminal justice system”, eleven rights groups said.
On December 15, 2021, the Cyber Tribunal of Dhaka will continue the examination of prosecution witnesses in the case brought against Adilur Rahman Khan, also a member of OMCT General Assembly and FIDH Secretary-General, and ASM Nasiruddin Elan, for charges brought against them in Case No. 1 of 2013 under the notorious Section 57 of the Information and Communication Technology (ICT) Act, 2006 (amended in 2009), in relation to a fact-finding report issued by Odhikar on the killing of at least 61 people by security forces and law-enforcement agencies in May 2013. Khan and Elan face up to ten years in prison. See also; https://www.trueheroesfilms.org/thedigest/laureates/88F17E2F-F919-580F-2FDA-59B8E24ACBF6
“The government should stop using vague laws to silence human rights defenders and start holding perpetrators of abuses to account, ” said Kerry Kennedy, President of Robert F. Kennedy Human Rights. “Odhikar’s findings not only should have led to investigations and reforms, but also should have been welcomed by the government as an opportunity to strengthen their commitment to upholding human rights.”
Following Odhikar’s 2013 report, Khan and Elan were arbitrarily detained for respectively 62 and 25 days until they were both released on bail. On February 14, 2021, the Appellate Division of the Supreme Court of Bangladesh rejected Odhikar’s appeal to quash the case on its legal merits. On September 12, 2021, the Cyber Tribunal of Dhaka resumed the trial in the case against the two while their review petition is still pending hearing before the Appellate Division of the Supreme Court, contravening the right to a fair trial. On October 5, November 9, and November 24, 2021, the Cyber Tribunal of Dhaka started to examine prosecution witnesses in the case.
We express our deepest concern over the ongoing harassment of Adilur Rahman Khan and ASM Nasiruddin Elan, which is manifestly a form of reprisals against Odhikar for their legitimate human rights work, including for cooperating with UN human rights mechanisms in documenting enforced disappearances, extra-judicial executions and torture in Bangladesh.
It is further a matter of great concern that since 2013, attacks, unlawful surveillance, smear campaigns and harassment against Odhikar and its staff and management have been incessant. Odhikar is also facing serious difficulties to conduct its work due to violations of the right to freedom of association, since its registration has not been renewed by the NGO Affairs Bureau of the Government of Bangladesh and is still pending since 2015. Moreover, all of its bank accounts have been frozen and the organization has been forbidden from receiving funding from foreign or international sources, impacting its operations considerably.
The trial against Khan and Elan resumes in a context where human rights in Bangladesh are under attack from all sides. Human rights violations committed by security forces, including enforced disappearances, extrajudicial executions, and torture remain pervasive throughout the country, with absolute impunity. Authorities regularly crackdown on human rights defenders and journalists who speak out against these violations, including through the use of the Digital Security Act – 2018, the Special Powers Act – 1974, and other draconian laws. See also: https://humanrightsdefenders.blog/2014/12/02/adilur-rahman-khan-speaks-out-against-torture/
Cases such as these question the Bangladeshi government’s commitment to protecting human rights. The international community, including the United Nations and the diplomatic corps in Bangladesh, should monitor the case against Adilur Rahman Khan and ASM Nasiruddin Elan and take a clear stand to ensure that the government of Bangladesh respects the rights of the two defenders to a fair and public trial and, more generally, guarantees the right to defend human rights and puts an end to all acts of harassment against all human rights defenders in Bangladesh.
Our organisations call on the authorities of Bangladesh to immediately and unconditionally drop all charges against Adilur Rahman Khan and ASM Nasiruddin Elan, and to ensure in all circumstances that human rights defenders in Bangladesh are able to carry out their legitimate activities without any hindrance and fear of reprisals.
“This trial is in reality an indictment of the authorities and a crucial test case for the country’s judiciary to be closely watched by the international community,” said Gerald Staberock, OMCT Secretary General, speaking on behalf of the Observatory. “The true culprits are those responsible for extra-judicial killings not those who report on it. Prosecuting human rights activists will not stifle dissent but will isolate Bangladesh from the international community.”
The NGOs:
Amnesty International
Anti-Death Penalty Asia Network (ADPAN),
Asian Human Rights Commission (AHRC),
Asian Network for Free Elections
Capital Punishment Justice Project (CPJP)
CIVICUS: World Alliance for Citizen Participation,
Eleos Justice, Monash University, Associate Professor
FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders, i
FORUM-ASIA
Robert F. Kennedy Human Rights
World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
On 4 November 2021 the Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and FIDH, has received new information and requests your urgent intervention in the following situation in China.
New information:
The Observatory has been informed by the Network of Chinese Human Rights Defenders (CHRD) about the imminent risk of death of freelance journalist Zhang Zhan, who has been detained since May 2020 as a reprisal for her coverage of the Covid-19 pandemic from February 2020 until her arrest. Ms. Zhang is a former lawyer whose licence was suspended in retaliation for her activism and a well-known and outspoken journalist on the situation of human rights in China. See also: https://humanrightsdefenders.blog/2021/01/06/china-eu-deal-what-about-human-rights/
According to the relatives of Zhang Zhan, the journalists’ life is at imminent risk of death as a result of the partial hunger strike she started in June 2020 to protest her arbitrary detention and later her sentencing. The mother of Zhang Zhan was allowed to have a videocall with her daughter on October 28, 2021, after which she reported that the journalist weights less than 40 kg, is unable to walk unassisted and cannot raise her head without assistance. Her health is extremely poor, as she suffers from severe malnutrition, a gastric ulcer and swollen legs and feet. During her detention, she has been restrained and force-fed via a nasal tube.
The relatives of Zhang Zhan have been consistently denied their right to visit the journalist and only been allowed to communicate with her by video calls on two occasions, on October 28 and February 2021, and by a phone call on August 2021. Moreover, Zhang Zhan’s mother requested the Chinese security police the permission to visit the journalist in prison to persuade her to abandon the hunger strike. At the time of publication of this Urgent Appeal, she had not received a reply.
The Observatory recalls that Zhang Zhan was hospitalised in a prison hospital between July 21 and August 11, 2021 due to her deteriorating health conditions. During her hospitalisation, she was tied to a hospital bed and force-fed by prison authorities. On August 11, she was transferred back to the Shanghai Women’s Prison, where she remained detained at the time of this Urgent Appeal.
The Observatory further recalls that on May 14, 2020, Zhang Zhan went missing in Wuhan, Hubei Province, one day after releasing a video that criticised the government’s measures to contain the virus, claiming the authorities were being negligent. Zhang Zhan had travelled to Wuhan from her home in Shanghai in early February 2020 to report from the epicenter of the Covid-19 pandemic. She reported numerous stories, including the detention of other independent reporters and harassment of families of victims seeking accountability, via her WeChat, Twitter, and YouTube accounts.
After seven months of pre-trial detention, on December 28, 2020, the Shanghai Pudong People’s Court found Zhang Zhan guilty of “picking quarrels and provoking trouble” (Article 293 of China’s Criminal Law) and sentenced her to four years in prison. The court rejected the application filed by Zhang Zhan’s lawyers to request bail, live streaming of the trial, and a time extension of the proceedings. Their requests to have the defense witnesses appear in court to present exculpatory evidence was also rejected by the court. Zhang Zhan attended her trial in a wheelchair because of her poor health.
The Observatory is deeply concerned about the health conditions and risk of death of Zhang Zhan and urges the Chinese authorities to immediately and unconditionally release her and grant her immediate access to adequate and comprehensive medical treatment.
On Wednesday, November 3, the Centraĺny District Court in Homieĺ delivered the verdict in the politically motivated criminal case against two human rights defenders with the Homieĺ branch of Viasna, a leading Belarusian human rights group. The court sentenced the head of Viasna’s Homieĺ office Leanid Sudalenka and Viasna’s volunteer Tatsiana Lasitsa to three and two and a half years in prison, respectively.
18 international and Belarusian organizations call on Belarusian authorities to immediately annul the outrageous verdict and drop all charges against Sudalenka and Lasitsa, as well as five other members of Viasna who are currently in jail on politically motivated charges.
“Politically motivated prosecutions of Viasna members and volunteers are part of the ‘purge’ of Belarusian civil society declared by Aliaksandr Lukashenka and his government. Belarusian authorities’ targeting of Viasna in particular is no doubt designed to punish the organization for its outstanding and courageous human rights work over the course of 25 years.”
On October 14, the prosecutor’s office requested three years’ imprisonment for Sudalenka and Lasitsa on charges of “organizing, financing, training, and preparation of actions grossly violating public order and financing such activities.” The charges were backed by absurd “evidence,” such as Sudalenka’s Facebook post offering to buy firewood for the family of someone accused of “mass rioting” in connection with the peaceful protests of 2020.
Sudalenka and Lasitsa have been in pretrial detention for over nine months, having been arrested on January 18 and 21, respectively. Their trial began in early September and was held behind closed doors.
On January 18, authorities also detained Viasna’s volunteer Maryia Tarasenka in connection to Sudalenka and Lasitsa’s case. She was released under her own recognizance three days after the arrest. Tarasenka left Belarus after prosecutor’s office requested two and a half years imprisonment for her in October.
The other five Viasna members currently behind bars on politically motivated criminal charges are Ales Bialiatski, the founder and chairman of Viasna, Valiantsin Stefanovic, Viasna deputy chairman, Uladzimir Labkovich, a lawyer and coordinator of the group’s campaign “Human rights defenders for free elections,” Marfa Rabkova, coordinator of Viasna’s network of volunteers, and Andrei Chapyuk, a volunteer for Viasna in Minsk.
Around 100 Viasna human rights defenders and volunteers, as well as their family members, have also been interrogated and designated witnesses in criminal cases against their colleagues. At least seven have been designated suspects.
Belarusian law enforcement continues regular interrogations in connection with the criminal cases against Viasna employees, including activists of other civil groups and initiatives.
On September 17, 23 international and Belarusian human rights groups launched a campaign #FreeViasna, demanding the immediate release of the jailed Viasna human rights defenders. We continue calling on the Belarusian authorities to:
Fully abide by their international human rights obligations as a party to the International Covenant on Civil and Political Rights to respect the rights to freedom of association, peaceful assembly, and expression of all people in Belarus.
Fully respect the work of human rights defenders and lawyers and ensure that everyone can complain without fear of retaliation about actions and policies of individual officials and governmental agencies.
In line with these obligations, release Tatsiana Lasitsa, Leanid Sudalenka, Ales Bialatski, Valiantsin Stefanovic, Uladzimir Labkovich, Marfa Rabkova and Andrei Chapyuk immediately, drop all charges against Viasna staff and volunteers, including Maryia Tarasenka, and other human rights defenders, and ensure their right to a remedy for arbitrary detention and malicious prosecution.
Also woth mentioning is that on 4 November 2021 in response to the Belarusian authorities’ failure to respond satisfactorily to the 5 November 2020 Moscow Mechanism report, 35 OSCE states invoked the Vienna (Human Dimension) Mechanism and Belarus’ commitments under that Mechanism.
Signed:
Amnesty International
Article 19
Barys Zvozskau Belarusian Human Rights House
Belarusian Helsinki Committee
Center for Civil Liberties
Civil Rights Defenders
FIDH, within the framework of the Observatory for the Protection of Human Rights Defenders
Front Line Defenders
Helsinki Foundation for Human Rights
Human Rights Center Viasna
Human Rights House Foundation
Human Rights Watch
International Partnership for Human Rights
Libereco – Partnership for Human Rights
Norwegian Helsinki Committee
Östgruppen – Swedish Initiative for Democracy and Human Rights
Right Livelihood
World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders
On 8 September 2020 the Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and FIDH, requests urgent intervention in the arbitrary arrest of Mother Nature activists Thun Ratha, Long Kunthea and Phoun Keo Reaksme in Cambodia.
The three environmental activists and members of “Mother Nature”, were arrested for denouncing the exploitation of Phnom Penh‘s Bueng Ta-mouk lake. The project aims to build a military base, which will destroy the habitat of many bird species and damage biodiversity, and is also expected to cause significant flooding in Phnom Penh. According to the information received, on September 3, 2020, Ms. Long Kunthea and Ms. Phoun Keo Reaksmey were arrested by police in Phnom Penh as they were about to walk from Wat Phnom to Prime Minister Hun Sen’s house in order to request a meeting with the Prime Minister to share their concerns over a number of environmental issues, including the development of Bueng Ta-mouk lake. On the same day, Mr. Thun Ratha was arrested at his home in Khan Pur Sentchey District, Phnom Penh, by around 25 police officers, who surrounded the property for approximately two hours before arresting him. The police padlocked the property shut and left a letter displayed on the door informing that the operation was taken on the grounds that Mr. Thun Ratha “published the information without legal permission”, without specifying which information was published or what the legal grounds were for requiring permission over such a publication.
On September 6, 2020, the three were charged with “incitement to cause societal chaos” (articles 494 and 495 of the Cambodian Criminal Code) and placed in pre-trial detention. They could face up to two years in prison. Mr. Thun Ratha was taken to the Correctional Center 1 while Ms. Long Kunthea and Ms. Phoun Keo Reaksmey were taken to the Correctional Center 2.
The Observatory reiterates its deepest concern about the fact that Cambodian authorities regularly use legal harassment and the politicised judicial system to target land and environmental activists and recalls in particular that this is not the first time that Mr. Thun Ratha and other Mother Nature activists have faced harassment.
The EU Reporterof 19 June 2020 comes with the good news that on 18 June, the Court of Justice of the European Union (CJEU) recognized that Hungary’s 2017 law “on the Transparency of Organisations Supported from Abroad” (i.e. receiving foreign funds) unduly restricts the freedom of movement of capitals within the European Union (EU) and amounts to unjustified interference with fundamental rights, including respect for private and family life, protection of personal data and freedom of association, as well citizens’ right to participate in public life. [see https://humanrightsdefenders.blog/2018/02/20/250-ngos-address-letter-to-hungarian-parliament-regarding-restriction-on-the-work-of-human-rights-defenders/]
The Observatory for the Protection of Human Rights Defenders (FIDH-OMCT) welcomes this decision and hopes it will put an end to the Hungarian government’s constant attempts to delegitimise civil society organisations and impede their work.
“This decision is more than welcome! It strongly asserts that stigmatizing and intimidating NGOs receiving funding from abroad and obstructing their work is not accepted in the European Union,” said Marta Pardavi, Co-Chair of the Hungarian Helsinki Committee (HHC), member organisation of FIDH and of OMCT’s SOS-Torture Network. “Today’s ruling is a victory not only for Hungarian civil society organisations, who have campaigned fiercely against this law since its adoption, but for European civil society as a whole. It is a clear reaffirmation of the fundamental role played by civil society in a democratic State founded on the rule of law.”
“Hungary should now withdraw this anti-NGO law and conform with the CJEU’s decision,” added OMCT Secretary General Gerald Staberock.
Kjell Magne Bondevik (former Prime Minister of Norway and currently President of the Oslo Centre for Peace and Human Rights) wrote a thoughtfull piece on a thorny issue: “The UN Must Take the Lead in Kashmir”.
...After more than 70 years of terror, killings, torture, and disappearances, the international community must renew its efforts to end the conflict in Kashmir. In 2018 and 2019, the Office of the United Nations High Commissioner for Human Rights released reports that documented a wide range of abuses – including kidnappings, the killing of civilians, and sexual violence – perpetrated by both sides in the conflict. The UN needs to take the lead in stopping Kashmir’s torment. ……The conflict has consumed resources that should have been used for development; instead, they were channeled to arms purchases or a regional race to develop weapons of mass destruction. Everyone, regardless of age, religion, or ethnicity, has suffered, whether as a result of displacement, family separation, loss of property, the death or disappearance of friends and close relatives, grinding poverty, or simply the prospect of a future as bleak and constricted as the present.The international community has, at times, attempted to mediate between India and Pakistan. The UN has adopted resolutions demanding a referendum on Kashmir’s future status. But, even though it has long been evident that there is no military solution to the conflict – temporary ceasefire initiatives have never resulted in a lasting agreement – India to this day has resisted a plebiscite. In 2003, Pakistan’s then-president, Pervez Musharraf, formulated a four-step approach to a political solution. Without insisting on a referendum, India and Pakistan would begin a dialogue; recognize Kashmir as the main source of bilateral hostility; identify and eliminate what was unacceptable to each side; and strive for a solution acceptable to both countries – and especially to the people of Kashmir. Subsequently, a ceasefire was declared, and high-level meetings took place, but, following a terrorist attack, India terminated the talks. In 2012, Pakistani President Asif Ali Zardari and Indian Prime Minister Manmohan Singh tried unsuccessfully to revive the process.
I have been personally engaged with the Kashmir issue for some time. Last year, I held meetings with senior politicians in Pakistan and India. I am well aware that India wants to treat the Kashmir conflict solely as a bilateral issue. But in that case, it should take the initiative in starting talks with Pakistan. If that does not happen, the international community must demand that the parties come together to negotiate a peaceful solution.
Again, it is not up to the UN or anyone else to impose a solution on the parties. The current situation is rooted in a highly complex mix of history and politics, and any viable settlement must reflect Kashmir’s unique circumstances. A major issue to be addressed is the “line of control” separating Indian- and Pakistani-administered Kashmir, which hinders the free movement of people, divides families, and impedes business and trade. And, of course, Kashmir’s future status is the main question that must be resolved. During my last visit to Kashmir, I saw firsthand the level of violence and the severity of human-rights violations. Conditions have deteriorated further since India repealed Jammu and Kashmir’s special status in October 2019, dissolved it as a state, and reorganized it as two “union territories” – all enforced by the security forces with a wave of arrests, a ban on assembly, and an Internet and media blackout.At a time of war in Syria and Yemen, and heightened tensions between the United States and Iran, it is difficult to get the international community to focus on Kashmir. But it is crucial that the conflict not be allowed to spiral out of control, especially given that both countries are nuclear powers. Above all, the people of Kashmir deserve a ceasefire, reconciliation, and stability, and it is the duty of the UN to advance this goal. I urge the UN to appoint a special envoy to Kashmir. And I appeal to UN Secretary-General António Guterres to seize the initiative and help deliver a long-overdue and lasting peace to this region…
“The Indian government must immediately end all draconian restrictions on fundamental freedoms in Jammu & Kashmir, and fully reinstate communications”, FIDHand its member organization People’s Watch urged on 5 February 2020. In conjunction with its call, FIDH released a briefing note that highlights some of the human rights concerns that have remained unaddressed since 5 August 2019. “For the past six months, the people of Jammu & Kashmir have been living under siege and denied their fundamental rights under the most draconian of measures. These grave violations of human rights must come to an end, and accountability must be established for the serious violations that have occurred since 5 August.” Adilur Rahman Khan, FIDH Secretary-GeneralSince the evening of 4 August 2019, internet communications, and initially telephone lines, have been cut in Jammu & Kashmir, effectively isolating residents from the rest of the world. Although phone lines were gradually reinstated and internet access restored in certain places, personal internet connections are limited to 301 government-approved websites through a very slow 2G connection. Although accurate figures are unavailable, thousands of arbitrary detentions have been reported since 5 August 2019, including hundreds of detentions under the abusive 1978 Public Safety Act (PSA). Many detainees, particularly youth and low-ranking political activists, have been transferred to jails outside of Jammu & Kashmir, the location of which is unknown in many cases. There have also been numerous reports of excessive use of force by army and police forces, including reports of deaths and injuries as a result of the improper use of pellet guns and teargas. The reorganization of Jammu & Kashmir has also resulted in a number of measures that will have long-term implications for the human rights situation in the region, including the disbanding of the State Human Rights Commission (SHRC) of Jammu & Kashmir – one of the few avenues for justice available to local people – at the end of October 2019. More than 500 cases of alleged enforced disappearances were pending before the SHRC at the time of its disbandment. [see also: https://humanrightsdefenders.blog/2019/03/17/fidh-dares-to-publish-a-report-on-key-human-rights-issues-of-concern-in-kashmir/]
“Human rights violations of the gravest nature are nothing new in Jammu & Kashmir, and have gone unpunished for decades. But taking away the little autonomy the state had will only make the situation worse, especially when the people most affected by these changes have been denied their right to express their opinions.” added Henri Tiphagne, People’s Watch Executive Director
On 5 February the Observatory for the Protection of Human Rights Defenders, a partnership of FIDH and the World Organisation Against Torture (OMCT), requested an urgent intervention in the case of Mr. Miyan Abdul Qayoom, a human rights lawyer and President of Jammu & Kashmir High Court Bar Association. Mr. Qayoom, 70, suffers from multiple health conditions, including diabetes, double vessel heart disease, and kidney problems.
According to the information received, during the evening of January 29, 2020, Mr. Qayoom’s family received a phone call from Agra Central Jail’s authorities, in Uttar Pradesh State, informing them that Mr. Qayoom had been transferred to Sarojini Naidu Medical College after complaining of chest pain, breathlessness and his pulse rate had significantly gone down to 44pm, and asking them to visit him. On January 30, 2020, upon reaching Agra Central Jail, Mr. Qayoom’s relatives discovered that Mr. Qayoom had been taken back to the jail’s dispensary, even though his health condition had not improved. On February 3, 2020, Jammu & Kashmir High Court Srinagar bench, after hearing the final arguments, reserved its judgement regarding Mr. Qayoom’s habeas corpus request. The scheduled date of the judgement was not known as of the publication of this Urgent Appeal…..
On 26 November 2019 in Geneva, at the annual United Nations Forum on Business and Human Rights, the Human Rights and Business Award Foundation named Al-Haqas recipient of the 2019 Human Rights and Business Award. An independent Palestinian organization based in Ramallah (West Bank), Al-Haq “Law in the Service of Man” was founded in 1979 “to protect and promote human rights and the rule of law in the Occupied Palestinian Territory”. Al-Haq documents and monitors violations of international humanitarian law and international human rights law in Occupied Palestinian Territory and works to stop violations against Palestinians whether by Israel, by the Palestinian Authority, or by others including companies.
In recent years Al-Haq has done ground-breaking work drawing attention to how certain companies operating in Occupied Palestinian Territory, including firms doing business with or in Israeli settlements, are involved in human rights abuses and breaches of international humanitarian law, notably the Hague Regulations and the Fourth Geneva Convention. The Board members of the Human Rights and Business Award Foundation – Christopher Avery, Regan Ralph and Valeria Scorza – said in a joint statement today: “Al-Haq does exceptional work in difficult circumstances, using international law as the basis of its research and advocacy. It is encouraging that an increasing number of human rights defenders in the Middle East are giving attention to the behavior of companies – Al-Haq is a recognized leader in this development.”
The foundation’s Advisory Network members who nominated Al-Haq for the award praised the organization for:
its professionalism, meticulous research and resolute advocacy;
its wide network of field researchers in communities across Occupied Palestinian Territory who closely monitor business activities and their impact on people;
its contributions to the treaty on business and human rights being drafted at the UN; and
its capacity-building activities – helping other NGOs in the Middle East develop their work on human rights concerns relating to business.
Al-Haq has previously received awards for its work, including:
1989 Carter-Menil Human Rights Prize
1990 Reebok Human Rights Award
2009 Geuzenpenning
2011 PL Foundation Prize (Poul Lauritzen Award)
2018 Prix des droits de l’homme de la Republique Francaise
Al-Haq and its staff have been targeted for their human rights work. The Observatory for the Protection of Human Rights Defenders [Observatory] has repeatedly raised concerns about attacks and threats against Al-Haq, including multiple death threats against Al-Haq’s General Director Shawan Jabarin and against its representative before the International Criminal Court. In July 2019 the Observatory issued an urgent appeal after 4IL – the official site of Israel’s Ministry of Strategic Affairs – published an article accusing Shawan Jabarin of “terrorism”, which led to death threats against him on its public platforms. “4IL platform’s online visitors launched into an incitement to violence and hate speech against Al-Haq, including calling for Mr. Shawan Jabarin’s killing. These comments were not filtered nor regulated by 4IL moderators.” The Observatory has also called attention to cyber-attacks against Al-Haq; the hacking of Al-Haq staff e-mail, land-line phones and mobile phones; and a smear campaign sending to Al-Haq’s European donors false allegations against the organization, allegations purported to have been from Ernst & Young and an alleged official of the Palestinian Authority (PA) – the firm and the PA confirmed that these allegations were false and unfounded. It should be noted that Shawan Jabarin was banned from international travel by Israel between 2006 and 2012. [see also: https://humanrightsdefenders.blog/2011/11/30/israel-refuses-to-let-hrd-shawan-jabarin-travel-to-receive-award-in-denmark/]
Al-Haq’s research and advocacy on concerns about business involvement in abuses of human rights and breaches of humanitarian law, listed on its website particularly in this section, has included:
Al-Haq has called on companies to pull out of the Jerusalem Light Rail project insofar as it runs through Occupied Palestinian Territory, connects Israeli settlements built on Palestinian land, fragments Palestinian land, and restricts free movement of Palestinians. For example, see Al-Haq’s Feb 2019 and May 2019 statements about Canadian company Bombardier. Companies that withdrew from bidding for the Light Rail project include Bombardier, French firms Alstom and Systra, German firm Siemens, and Australian firm Macquarie. In 2012, the UN Human Rights Council had expressed its “grave concern” at “The Israeli decision to establish and operate a tramway between West Jerusalem and the Israeli settlement of Pisgat Zeev, which is in clear violation of international law and relevant United Nations resolutions” (Resolution 19/17, paragraph 4e).
A 2019 submission to the UN working group developing a draft treaty on business and human rights, and continued advocacy and analysis in that regard.
A 2019 submission to the UN Human Rights Council Advisory Committee in support of a treaty on the right to development.
Raising concerns in a 2019 statement about Airbnb and a 2019 letter to Booking.com, that by listing properties in Israeli settlements in Occupied Palestinian Territory, these firms are transgressing international law.
2018 advocacy and research on Ireland’s Control of Economic Activities (Occupied Territories) Bill 2018, to prohibit the import of settlement products and services to Ireland.
Al-Haq’s advocacy, including a 2018 joint briefing paper, calling for corporate accountability in situations of armed conflict to be included in the International Law Commission’s (ILC’s) draft principles on the protection of the environment. The principles adopted by the ILC in 2019 did include such a principle.
A 2018 joint communication to the International Criminal Court about the alleged pillage of Palestinian natural resources by private actors including Israeli and multinational corporations.
A 2018 letter to Honda Motor Co., highlighting Honda’s complicity (through its Israeli affiliate Mayer) in violations of international humanitarian law perpetrated in Israeli settlements in Occupied Palestinian Territory. Honda failed to respond to these concerns when invited to do so by Business & Human Rights Resource Centre.
Responding to German multinational HeidelbergCement in 2017 about its quarries in Occupied Palestinian Territory, expropriating natural resources in contravention of international law. In June 2015 Norway’s largest pension fund KLP had excluded HeidelbergCement from its investment portfolio, due to its operations in the occupied West Bank.
A 2015 letter calling on the Dutch Government to prevent the export of dogs by Dutch firms to the Israeli security forces, given their use to attack and intimidate Palestinian civilians. The letter includes links to videos of dogs attacking a 53-year old woman and a 20-year-old boy.
Hans Thoolen on Human Rights Defenders and their awards 
...After more than 70 years of terror, killings, torture, and disappearances, the international community must renew its efforts to end the conflict in Kashmir. In 2018 and 2019, the Office of the United Nations High Commissioner for Human Rights released reports that documented a wide range of abuses – including kidnappings, the killing of civilians, and sexual violence – perpetrated by both sides in the conflict. The UN needs to take the lead in stopping Kashmir’s torment. ……The conflict has consumed resources that should have been used for development; instead, they were channeled to arms purchases or a regional race to develop weapons of mass destruction. Everyone, regardless of age, religion, or ethnicity, has suffered, whether as a result of displacement, family separation, loss of property, the death or disappearance of friends and close relatives, grinding poverty, or simply the prospect of a future as bleak and constricted as the present.The international community has, at times, attempted to mediate between India and Pakistan. The UN has adopted resolutions demanding a referendum on Kashmir’s future status. But, even though it has long been evident that there is no military solution to the conflict – temporary ceasefire initiatives have never resulted in a lasting agreement – India to this day has resisted a plebiscite. In 2003, Pakistan’s then-president, Pervez Musharraf, formulated a four-step approach to a political solution. Without insisting on a referendum, India and Pakistan would begin a dialogue; recognize Kashmir as the main source of bilateral hostility; identify and eliminate what was unacceptable to each side; and strive for a solution acceptable to both countries – and especially to the people of Kashmir. Subsequently, a ceasefire was declared, and high-level meetings took place, but, following a terrorist attack, India terminated the talks. In 2012, Pakistani President Asif Ali Zardari and Indian Prime Minister Manmohan Singh tried unsuccessfully to revive the process.