Archive for the 'Observatory for the Protection of Human Rights Defenders' Category

2014 Annual Report Observatory: Land Rights defenders are the forgotten victims of unbridled development

December 2, 2014

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The Observatory for the Protection of Human Rights Defenders (joint programme of OMCT and FIDH) has, since 2013, launched more than 500 urgent interventions on more than 60 countries. Its 2014 Annual Report came out today in the context of the 3rd UN Forum on Business and Human Rights and focuses on “land rights defenders” who are increasingly the target of repressive measures. The pressure on land has become unbearable and mobilisation for the respect of the economic, social and cultural rights of affected communities has become a high risk activity.

Between 2011 and 2014, the Observatory documented 43 assassination cases targeting land rights defenders and the judicial harassment of 123 defenders, sometimes together with their arbitrary detention. These figures only reflect a small fraction of the real picture. All regions in the world are concerned, Asia and Latin America being the most affected. The Observatory found that authors of repression are often the police, the military, private security agents and “henchmen”. Their objective being to silence dissenting voices likely to slow down investment projects.
In addition to violence, numerous States also use judicial harassment and arbitrary detention to intimidate defenders. Thanks to laws that violate fundamental freedoms or in violation of their own laws, they jail any person deemed to be a nuisance. “Terrorism”, “misleading propaganda”, “infringement to State security”, “public unrest”, there are many abusive charges which can result in heavy prison terms.
Land rights defenders are often powerless when they face physical attacks and arbitrary arrests. According to the Observatory, 95% of violations against them remain unpunished today. Judicial bodies in countries where such violations occur are characterised by a lack of independence, resources and expertise. Regarding the possibility of prosecuting business corporations responsible for human rights violations, the legal battle – if any – is often lengthy, perilous, unequal and costly.
At the heart of the problem lies the issue of the participation of individuals and communities affected by the development policies and investment projects. The Observatory calls for meaningful consultations that ensure the direct participation of populations affected by the projects and the recognition of land rights defenders as the legitimate spokespersons in order to prevent conflicts and put an end to serious human rights violations. Furthermore, it is necessary to strengthen the capacity and independence of domestic judicial systems, including in States hosting the headquarters of business corporations, in order to allow defenders to access justice and seek redress in the event of human rights violations.
The Observatory also recommends to strengthen international law in order to trigger effectively the responsibility of business corporations when the latter commit human rights violations and to guarantee the adequate protection of land rights.
The full report under the title “We are not afraid”: https://wearenotafraid.org/en/

The 5th “Inter-mechanisms”: consultations between inter-govenmental and non-governmental entities on human rights defenders

November 17, 2014

On November 12 and 13, 2014, the UN Special Rapporteur on Human Rights Defenders, Michel Forst, met with representatives of regional human rights defenders’ mechanisms, in the framework of the first part of the fifth “inter-mechanisms” meeting. Enhancing coöperation between the UN mechanism and its regional counterparts was defined as a priority by the UN Special Rapporteur in his first report to the UN General Assembly in October 2014.

The “inter-mechanisms meeting 5.1” gathered representatives from the UN, the International Organisation of “La Francophonie” (OIF), the African Commission on Human and Peoples Rights, the Inter-American Commission on Human Rights, the Office of the Commissioner for Human Rights of the Council of Europe, the OSCE/ODIHR, the European Union, as well as international NGOs. It was hosted by theOIF headquarters in Paris, and was facilitated by the Observatory for the Protection of Human Rights Defenders (FIDH-OMCT joint programme).Participants reflected on ways to enhance cooperation, if not articulation, in processing submissions and public statements about human rights defenders’ violations, and in enhancing the follow-up of individual communications and recommendations from country visits. They further discussed best practices and strategies to tackle the issue of arbitrary detention, particularly on emblematic cases.

The meeting also allowed for an exchange on the definition of reprisals and impunity, how they relate to each other, and how tackling impunity through accountability would ultimately mitigate the root-cause of reprisals.

Finally, participants had a discussion on the issue of NGO funding, including foreign funding, as well as on the protection of land rights defenders, echoing the topics of the 2013 and 2014 Annual Reports of the Observatory.

This meeting aimed to prepare an “inter-mechanisms meeting 5.2”, gathering mandate-holders themselves, which the Observatory will organise during the first quarter of 2015 at the OIF headquarters. Last but not least, FIDH and OMCT were invited by the Office of the Commissioner for Human Rights of the Council of Europe to hold the sixth meeting in Strasbourg, and a future meeting in Warsaw, by ODIHR.

“Inter-mechanisms 5.1”: enhanced cooperation will lead to better protection of human rights defenders – FIDH.

Joint NGO Letter to Russian President to stop clampdown on human rights defenders

October 22, 2014

If there was any doubt on where civil society stands on the issue of reprisals and repression of NGO activity in Russia, the letter below and the enormous number and variety of organizations having signed it should put the doubt to rest: [see also: https://plus.google.com/+HansThoolen/posts/2nWSsUBuCJw]

Dear President,

We, the undersigned non-governmental organizations, are writing to urge you to stop the clampdown on the right to freedom of association and end reprisals against independent non- governmental organizations (NGOs) in Russia.

We are deeply concerned that under the legislation on “foreign agents”, hundreds of NGOs have been subjected to unannounced inspections by government officials which have interrupted and obstructed their legitimate work with dozens currently embroiled in lengthy court hearings. Several NGOs and their leaders have had to pay prohibitive fines, and some were forced to close down because they refused to brand themselves as “foreign agents” – an expression akin to spying. Recent legislative changes now give the Ministry of Justice powers to register organizations as “foreign agents” without their consent and without a prior court decision. More than a dozen of leading Russian rights groups have already been branded by the Ministry. These NGOs are not foreign spies or “agents”, and have worked in the interest of the people of Russia. Many more face the same fate.

Under the previous legislation, NGOs in Russia were already accountable to the government and the public, having to report on their activities and finances. It is difficult to avoid concluding that the only purpose of the legislation on “foreign agents” is to publicly discredit and stigmatise them.

We believe that NGOs are essential to the healthy functioning of society. They play an important role in providing much needed services to the public. They help keep officials accountable and improve policies in the interests of the people.

We are calling on you as the President of the Russian Federation and the guarantor of its Constitution and of the fundamental rights and freedoms enshrined therein, to take all necessary steps to ensure that the “foreign agents” law is repealed and NGOs in Russia are able to do their work without hindrance, harassment, stigmatisation or reprisals. 


• Action des chrétiens pour l’abolition de la torture (ACAT) (France)
• Agir ensemble pour les droits de l’homme (AEDH) (France)
• Amnesty International
• ARTICLE 19 (UK)
• Bulgarian Helsinki Committee (Bulgaria)
• Bunge la Mwananchi (Kenya)
• Centre de recherche et d’information pour le développement (CRID) (France) • Centrum Kształcenia Liderów i Wychowawców im. Pedro Arrupe (Pologne)
• CIVICUS
• Comité catholique contre la faim et pour le développement – Terre solidaire (CCFD) (France)
• Committee on the Administration of Justice Ltd (CAJ) (Northern Ireland, UK)
• Cordaid (Pays-Bas)
• Danny Sriskandarajah, our Secretary General
• English PEN (UK)
• European Human Rights Advocacy Centre (EHRAC) (UK)
• Emmaüs International (France)
• Finnish PEN (Finlande)
• Foundation Max van der Stoel (Pays-Bas)
• Free Press Unlimited (Pays-Bas)
• Front Line Defenders (Irlande) • Fundacja Edukacja dla Demokracji (Pologne)
• Fundacja im. Stefana Batorego (Pologne)
• Gevalor (France)
• Greenpeace Spain (Spain) • Helsińska Fundacja Praw Człowieka (Helsinki Foundation for Human Rights) (Pologne)
• Hivos (Pays-Bas)
• Human Rights Commission (Kenya)
• Human Rights House Foundation (Norway)
• Human Rights House Foundation HRHF (Switzerland)
• Human Rights Watch
• Index on Censorship (UK) • INPRIS – Instytut Prawa i Społeczeństwa (Pologne) • Instytut Spraw Publicznych (Pologne)
• International Service for Human Rights
• Kansalaisjärjestöjen ihmisoikeussäätiö KIOS (Finlande)
• Kenya Human Rights Commission (Kenya)
• Koalicja Karat (Pologne)
• La lliga del drets dels pobles (Spain)
• Ligue des droits de l’Homme (France) • Małopolskie Towarzystwo Oświatowe (Pologne)
• MEMORIAL Deutschland e.V. (Germany)
• Milieudefensie (Pays-Bas)
• MONIKA – Naiset liitto ry (Finlande)
• Movies that Matter (Pays-Bas)
• Naisten Linja Suomessa ry (Finlande)
• Netherlands Helsinki Committee (Pays-Bas)
• Nederlands Juristen Comité voor de Mensenrechten (NJCM)
• Nederlandse Vereniging van Journalisten (NVJ) (Pays-Bas)
• NGO Working Group OSCE (Switzerland)
• Observatoire pour la protection des défenseurs des droits de l’Homme (joint program FIDH and OMCT) (France/Switzerland)
• Pakolaisneuvonta ry (Finlande)
• Pat Finucane Centre, (Irlande)
• Queer Youth Norway (Norway)
• REDRESS (UK)
• Reporters sans frontières (RSF) (France)
• Russie-Libertés (France)
• Sadankomitea (Finlande)
• Society for Threatened Peoples (Switzerland)
• Stiftung Haus der Demokratie und Menschenrechte (Germany) 
• Stowarzyszenie Wschodnioeuropejskie Centrum Demokratyczne (Pologne)
• The Bellona Foundation (Norvège)
• The Norwegian LGBT Association (Norvège)
• UNITED for Intercultural Action (Pays-Bas)
• XENION Psychsoziale Hilfen für politisch Verfolgte e.V. (Allemagne)
• Автономная некоммерческая правозащитная организация «Молодежный центр консультации и тренинга» (Russie)
• Автономная некоммерческая организация «Правозащитная организация «МАШР» (Russie)
• Благотворительный фонд развития города Тюмени (Russie)
• Общественная правозащитная организация «Солдатские матери Санкт-Петербурга» (Russie)”

 

Russian Federation: Joint NGO Letter to the President of the Russian Federation: To stop clampdown on freedom of association / October 21, 2014 / Statements / Human rights defenders / OMCT.

Glimmer of hope for Sotoudeh and Iran crashed by Tehran Bar Association

October 21, 2014

The glimmer of hope for Nasrin Sotoudeh and Iran which I saw in my post of 6 September [https://thoolen.wordpress.com/2014/09/06/glimmer-of-hope-in-iran-nasrin-sotoudehs-ban-to-practice-overruled/] seems to have been crushed already. Yesterday, 20 october, the Observatory for the Protection of Human Rights Defenders, the joint programme of FIDH and OMCT, has received new information that on 18 October 2014, a three-member disciplinary investigation panel of Tehran’s Bar Association has now suspended Nasrin Sotoudeh’s law license for three years, based on a complaint filed by the Islamic Revolution Court’s Prosecution Office (unlike the first disciplinary panel of the Tehran Bar Association which rejected a similar request). Read the rest of this entry »

Pinar Selek case in Turkey: the Supreme Court overturns life sentence against Pınar Selek

July 9, 2014

With a bit of delay, here is the good news that the Turkish Supreme Court – on 11 June – overturned the life sentence issued which was issued against sociologist Pınar Selek on January 24, 2014. The case will have to be re-tried before a lower court for the fifth time. On June 11, 2014, the Criminal Chamber No. 9 of the Supreme Court decided to overturn the decision of a lower court to sentence to life imprisonment Ms. Pınar Selek, an academic known for her commitment towards the rights of vulnerable communities in Turkey. The court argued that Istanbul Special Heavy Criminal Court No. 12 had violated procedural rules, by revoking its own decision of acquittal while the case had already been transferred for review to a higher court.  Read the rest of this entry »

Human Rights Defenders in Hungary: not yet ‘foreign agents’ but getting close

June 13, 2014

The Observatory for the Protection of Human Rights Defenders, an FIDH-OMCT joint programme, expressed its concern that the Hungarian government is alarmingly shrinking the space of civil society by hindering their access to funding, conducting unexpected inspections and blacklisting prominent human rights organizations. The Observatory – not by accident – did so on 12 June 2014, the day the Hungarian Government was meeting representatives from a group of donor Governments including Norway.OMCT-LOGOlogo FIDH_seul

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Situation of human rights defenders in Africa – Observatory on HRDs before African Commission

May 21, 2014

FIDH and OMCT, in the framework of their Observatory for the Protection of Human Rights Defenders, express their grave concern about the situation of human rights defenders in Africa. They do so in a 7-page written statement before the 55th ordinary session of the African Commission on Human and Peoples Rights [ACHPR] on 20 May in Luanda. It can be read in full on: Situation of human rights defenders in Africa – Contribution to the 55th ordinary session of ACHPR  Read the rest of this entry »

Attempted abduction of human rights defender Nur Khan in Bangladesh

May 20, 2014

Another example of the earlier reported lawlessness in Bangladesh. On 15 May  the director of investigation of the NGO Ain o Salish Kendra [ASK], Nur Khan, reported that six to seven people on a microbus tried to abduct him while returning home. The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture and the International Federation for Human Rights, and the Asian Forum for Human Rights and Development, issued on 17 May 2014 an appeal to the Government of Bangladesh to impartially investigate the incident to bring the perpetrators to book.

via Attempted Abduction of Nur Khan | Intl rights bodies condemn.

https://thoolen.wordpress.com/2014/05/12/bangladesh-chains-of-corruption-strangle-nation-asian-human-rights-commission/

Abu Bakar Siddique released but worries remain for human rights defenders in Bangladesh

April 27, 2014

While the world received with great satisfaction the announcement of Bangladeshi human rights defender Adilur as Final Nominee of the MEA, the Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture and the International Federation for Human Rights, draws attention to the strange and disquieting case of Mr. Abu Bakar Siddique, the husband of Ms. Rizwana Hasan, Executive Director of the Bangladesh Environmental Lawyer’s Association BELA. He had been abducted on 16 April by unidentified men while traveling to Dhaka from Narayanganj by car. The vehicle with the unidentified men hit Mr. Abu Bakar Siddique’s car in Fatulla. When Mr. Siddique and the driver of his car exited the car, the unidentified men sprayed something into the driver’s eyes, and took Mr. Siddique away. On April 17, 2014 – about 33 hours after his abduction – Mr. Abu Bakar Siddique was left by his abductors blindfolded in Mirpur. Read the rest of this entry »

Russia: “foreign agent” law considered constitutional and upheld against Memorial

April 10, 2014

 

In a hearing observed on 8 April by the Observatory for the Protection of Human Rights Defenders (FIDH-OMCT joint programme), the Saint Petersburg City Court upheld that the Anti-Discrimination Centre (ADC) “Memorial”, a prominent Russian NGO was performing the functions of a “foreign agent” and had to register as such for its human rights work.

At the end of yesterday’s hearing, which lasted less than an hour, the Observatory mission delegate reported that the judge interrupted ADC “Memorial’s lawyers on several occasions throughout the session, thereby hindering their capacity to develop their arguments and breaching their right to a fair trial and due process, while no one objection or remark was voiced when the prosecutor was speaking. Once again, the City Court pointed a report submitted by ADC “Memorial” to the United Nations Committee Against Torture in 2012 as the only evidence of its so-called “political activities Read the rest of this entry »