Last Wednesday, 13 February 2019, Abdul Aziz Muhamatwas awarded the 2019 Martin Ennals Award for human rights defender in Geneva. Some time earlier Behrouz Boochani was awarded the Australian Victorian Prize for Literature. What they have in common is that they are detained – for almost 6 years – on Manus Island under Australia’s off-shore refugee policy. Their stories testify to the cruelty of this regime and the humanitarian deficiency of a country that claims a strong liberal tradition and is itself a nation based on immigration. Successive governments have defended this policy as necessary to stop trafficking although it is hard to see how forced stays of such length would attract anybody except the most desperate refugees. And anyway even those recognized as refugees would not be allowed to settle in Australia!
Aziz’ impassioned acceptance speech in Geneva, spoke of the solidarity he feels for his fellow detainees in the face of daily humiliating and degrading treatment. Therefore he vowed to return to his detention centre in the Pacific, return to be a number (“On the island, officials refer to me as QNK002. I have no identity other than that number“). See:
Jesus Eugenio Ramos Rodriguez was at breakfast Saturday morning 9 February 2019 when he became the second journalist murdered in Mexico this year. Rafael Murua, a community radio station director in the northern state of Baja California Sur who had received death threats for his work, was found dead in a ditch Sunday, 21 January 2019, after being reported missing. [see: https://humanrightsdefenders.blog/2019/01/22/first-mexican-journalist-killed-in-2019-protection-mechanism-failing/]
On 11 February 2019 Front Line Defenders and the Observatory for the Protection of Human Rights Defenders (OMCT/FIDH) – together with 2 other NGOs – brought out a joint statement in which they celebrate the release of human rights defenders Damián Gallardo and Enrique Guerrero, but urge Mexican authorities to include the end of criminalisation against human rights defenders as a central theme in the human rights agenda of this Presidential term.
[On 28 December 2018, Messrs. Damián Gallardo Martínez and Enrique Guerrero Aviña were released after a resolution in this regard by the Eighth District Court of Federal Criminal Proceedings in the State of Jalisco. Both human rights defenders had been arbitrarily imprisoned since May 2013 and had been victims of repeated violations of their human rights since their arrest, including acts of torture and ill-treatment and numerous violations of their due process rights.]
….In this regard, we once again urge [See Joint Open Letter to the President Elect of the United Mexican States, Mr. Andrés Manuel López Obrador, dated 27 August 2018, “To put an end on the criminalisation of human rights defenders must be a priority for the new Mexican] the Mexican Administration to include as a central theme in the human rights agenda the development, with the participation of civil society, of a State policy that puts an end to the criminalisation of human rights defenders in Mexico. Download the full Statement
The Jury of the Martin Ennals Award for Human Rights Defenders just announced that the 2019 Laureate is Abdul Aziz Muhamat, a Sudanese refugee activist being effectively detained on Manus island in Papua New Guinea as part of Australia‘s controversial policy of deterring arrivals. Read the rest of this entry »
Yared Hailemariam is the Executive Director of the Association for Human Rights in Ethiopia (AHRE), a non-governmental and non-partisan organisation based in Brussels and Geneva, founded by activists that fled the country and other members of the Ethiopian diaspora. He served as a lead investigator at the Ethiopia Human Rights Council (HRCO) for seven years before being forced into exile in the aftermath of the heavily contested 2005 election in the country.
The post-2005 period saw a massive crackdown on civil society through the enactment of draconian legislation, and the implementation of two states of emergency that allowed for the brutal repression of thousands of demonstrators, journalists, and HRDs. During this time, AHRE, based in exile, focused on advocacy, protection and capacity-building for Ethiopian HRDs, and producing research highlighting the deteriorating situation in Ethiopia.
However, when the reformist agenda of the new Ethiopian Prime Minister Dr. Abiy Ahmed began to manifest itself in 2018, Hailemariam decided it was safe to head home after more than 13 years in exile. In January 2019, he helped organise a civil society meeting and workshop in Addis Ababa which brought together national and international civil society organisations (CSOs) to forge a path forward after years of restrictions and repression. [see also: https://humanrightsdefenders.blog/2016/09/09/un-human-rights-council-urged-to-address-situation-in-ethiopia/]
“This is a huge chance for civil society. Because of bad laws and the previous government, our work was totally crippled and paralysed, but there are many good signs that our presence is welcome like it wasn’t before. It’s a bright future for civil society as a result of these changes.”
Hailemariam hopes to help rebuild civil society in Ethiopia by bringing together HRDs returning from exile with the few CSOs that were able to remain in the country and weather the storm. He says that while the new reforms are positive, these changes must trickle down to institutions and the general citizenry for them to be real and long lasting.
“The head is moving, but the legs are not. Civic reforms don’t affect the real day to day situations like unemployment or access to healthcare, so the government needs to act quickly to make real institutional reforms. Unless the whole body starts moving together, it will seriously affect the political reform.”
He acknowledges that the real struggle will be to rebuild the capacity of a civil society sector decimated by brain drain and financial insecurity. However, he hopes that with a bit of tenacity and good networking, HRDs in the country can come together before the planned 2020 elections and engage in civic education to prepare Ethiopia for a brighter, more democratic future.
That international’s pressure can have a good result – sometimes – is shown in today’s court order in Thailand to release Bahraini refugee footballer Hakeem al-Araibi. Bahrain dropped the extradition request, said the prosecutor working on the case.
Araibi fled Bahrain in 2014 and subsequently received refugee status in Australia [Gemunu Amarasinghe/AP]
Monday’s decision comes after the 25-year-old footballer Hakeem al-Araibi was jailed for weeks in Bangkok’s Klong Prem Remand Prison. Bahrain wanted him returned to serve a 10-year prison sentence he received in absentia in 2014 for an arson attack that damaged a police station. Al-Araibi denied those charges. See also Craig Foster, Australian footballer and …human rights defender!
Al-Araibi, who fled Bahrain in 2014 and received refugee status in Australia, was arrested in November at a Bangkok airport while on his honeymoon following an Interpol notice issued at Bahrain’s request.
Australian Prime Minister Scott Morisson, meanwhile, praised the decision and said al-Araibi was on his way to the airport, where he should arrive in 12 hours from now.
“This is a huge victory for the human rights movement in Bahrain, Thailand and Australia, and even the whole world,” said Sayed Ahmed Alwadaei, director of advocacy of the Bahrain Institute for Rights and Democracy. “Let’s continue the fight to release all political prisoners who languish in Bahrain’s prisons.”
On 28 January 2019 ISHR presented a blueprint for States with recommendations to some of the key issues the Human Rights Council should address in 2019.
In 2018, the Council adopted some landmark decisions
an independent investigative mechanism on Myanmar
Yemen, renewing the mandate of the Group of Eminent Experts
Burundi, extending the mandate of the Commission of Inquiry.
At the same time, several situations of gross rights violations escaped Council scrutiny for political reasons.[see also: https://humanrightsdefenders.blog/2018/12/04/general-assemblys-3rd-committee-concludes-2018-session/]
The annual “High Level Segment” in March 2019 is a critical opportunity to set the agenda for the year. The Human Rights Council’s three regular sessions in March, June/July and September are further opportunities to advance priorities.
Here is ISHR’s checklist on the human rights situations and issues which should be advanced in 2019.
States should commit to strengthening the Council by demonstrating leadership, principled action and sustained follow through.
All regional groups presented the same number of candidates as seats for the 2018 Council elections and several States with terrible human rights records and with poor records of cooperation with UN mechanisms were elected, turning the elections into more of an appointment process, and going against the vision of the Council’s founding document.
States should collectively express concern about China’s failure to uphold human rights principles and protect the rights of its citizens, especially ethnic Uyghurs and Tibetans and those involved in the defence of human rights. China’s rejection of critical dialogue and universal principles is especially worrying as the Chinese government becomes increasingly active in the Council – a space dedicated to those same values.
States should also collectively press for the immediate and unconditional release of detained women human rights defenders in Saudi Arabia. If the international community is serious about contributing to advancing women’s rights in Saudi Arabia, it should recognise Saudi women human rights defenders as agents of change and urge the Saudi authorities to take all necessary measures to guarantee a safe and enabling environment for them to continue their vital work.
States should also initiate Council action to address recent cases of reprisals in Egypt as reported by the Special Rapporteur on the right to adequate housing after her visit in September 2018. These attacks come amidst a context of wide-scale repression against civil society through intimidation, arbitrary arrests, unfair prosecutions and travel bans.
States should collectively denounce the ongoing judicial harassment and arbitrary detention of human rights defenders in Bahrain, including reprisals for engaging or attempting to engage with UN mechanisms. As a minimum, States should call on the Bahraini authorities to immediately release all those detained for exercising their rights to freedom of expression, assembly and association, such as Nabeel Rajab and Abdulhadi Al Khawaja.
At the 40th session:
The Council will consider a resolution on the situation of human rights defenders working on rights related to land and environment. ISHR calls on States to address the particular threats and attacks against this group of defenders, in particular the specific risks faced by women human rights defenders, to combat impunity for attacks against them, and ensure full civil society participation in development and the management of natural resources. The draft resolution should call on States who prioritise the protection of human rights defenders to condition their provision of diplomatic support to business – such as export credit guarantees and trade support – on companies’ commitment to respect, consult and protect defenders. ..The Special Rapporteur on the situation of human rights defenders will present his report on the situation of women human rights defenders. States should publicly recognise the specific risks and threats women defenders face and commit to taking further measures to enhance their protection, underline the legitimacy of their work, their specific protection needs and adequate remedies to the specific violations they face.
At the 41st session:
Thanks to the sustained efforts by civil society and supportive UN Member States, the mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (SOGI) was established in 2016. At the 41st session, ISHR urges States to renew the mandate and ensure that it is not weakened, so that it continues its vital work in capturing good practices and assisting States in ending discrimination and violence based on SOGI. The mandate continues to work with a diverse range of States from all geographical regions. Defenders from across the globe have affirmed that the mandate has contributed to their protection and recognition of their work. ..The Council will also consider a resolution on migrants and human rights. States should ensure that the text reiterates their obligations to support and not restrict defenders’ in their vital work and to protect migrant rights defenders in the face of rising intolerance, xenophobia and illiberalism. ISHR recalls Principle 18, from the OHCHR Principles and Guidelines on the human rights protection of migrants in vulnerable situations, which sets out measures States can take to respect and support the activities of migrant rights defenders.
At the 42nd session:
Human rights defenders must be able to access the UN freely and safely so that the UN can do its crucial work of monitoring countries’ compliance with human rights obligations and protecting victims from abuses. At the 42nd session in September 2019, States should not miss the opportunity to cite specific cases of reprisals at the second interactive dialogue on the Secretary-General’s annual report on reprisals….Finally, the accessibility of the Council to rights holders, victims and defenders is both a key contributor to, and indicator of, the Council’s relevance and success. As discussions on enhancing the efficiency of the Council resume, States should continue to support and guarantee that any proposed measures do not restrict or limit civil society participation at the Council.
That human rights NGOs are severely criticized is nothing new but that it comes from its own staff is rare. Still here is a report that states that “Amnesty International has had a “toxic” working environment going back as far as the 1990s”. This does not mean that AI is specially bad compared to other larger NGOs, just that there are very few other such public reports.
The internationally Dan David Prize annually awards three prizes of US $1 million each to outstanding figures and organizations whose efforts have made outstanding humanistic, scientific and technological contributions and represent remarkable achievement in selected fields within the three dimensions of time – Past, Present and Future. This year’s fields were: Macro History, Defending Democracy, and Combatting Climate Change.
On 6 February 2019 WEBWIRE reported that the Laureates in the “Present” dimension, in the field of Defending Democracy, are: Reporters Without Borders, an international organization helping to sustain the freedom of the press across national boundaries; and Michael Ignatieff,President and Rector of the Central European University in Budapest.
Reporters Without Borders, also known under its French name Reporters sans frontières (RSF), defends freedom, independence and pluralism of journalism. It monitors government policies regarding the press and other media, and provides material, financial and psychological support for journalists and newspapers discriminated against and persecuted by the authorities. ..RSF has launched in 2018 a key initiative about Information and democracy. by creating an international commission composed by 25 prominent figures from 18 nationalities, including Nobel laureates, famous journalists facing authoritarian strongmen and specialists of new technologies. This commission adopted the “International Declaration on Information and Democracy”, which aims at establishing basic principles for the global information and communication space. 12 heads of Governments and States committed to sign a pledge on Information and Democracy based on this declaration.
RSF also launched the Journalism Trust Initiative (JTI), with the aim of promoting journalistic methods, editorial independence, media transparency, and respect for journalistic ethics by giving concrete advantages (especially technological and economic ones) to news media that adhere to standards defined collaboratively in a process of self-regulation. [see also: https://humanrightsdefenders.blog/2019/01/30/world-press-freedom-index-2018-is-out-colorful-but-disheartening/]
Michael Ignatieff has advocated for democracy around the world as a reporter, a champion of human rights, and as one of the first to warn against the rise of ethnic nationalism. In particular, he is acknowledged for his leadership as the President and Rector of the Central European University in Budapest, standing in the front lines against the campaign to stifle academic freedom, free expression and pluralism in the country.
“The liberal democratic order faces a rising tide of new authoritarianism and populism; the very values that have sustained freedom and democracy are called into question,” observed Ariel David, a member of the Dan David Prize’s board and son of the Prize founder. “Reporters Without Borders and Michael Ignatieff are being recognized for their leadership in the daily struggle to protect freedom of the press and freedom of academia. These basic liberties are pillars of democracy and it is no coincidence that the media and universities are often the primary targets of the populist and authoritarian regimes that have risen to power.” The Dan David Prize is named after the late Mr. Dan David, an international businessman and philanthropist whose vision is the driving force behind the international Dan David Prize. His aim was to reward those who have made a lasting impact on society and to help young students and entrepreneurs become the scholars and leaders of the future.
On 6 February 2019 is became known that a public prosecutor has sought the maximum prison sentence of 15 years for each of 33 lawyers on charges of membership in a terrorist organization due to their alleged links to the faith-based civic Gülen movement, the T24 news website reported on Tuesday. On Tuesday the trial of 53 defendants, 52 of whom are lawyers, continued at the Ankara 22nd High Criminal Court.
[Following the coup attempt, the Turkish government launched a massive crackdown as a result of which more than 150,000 people were removed from state jobs while in excess of 50,000 others were jailed and some 600,000 people have been investigated on allegations of terrorism.]
According to data compiled by independent monitoring site The Arrested Lawyers’ Initiative, 555 lawyers have been arrested since July 15, 2016 and 1,546 were under prosecution as of January 24, 2019. Two hundred sixteen lawyers have been sentenced to a total of 1,361 years in prison. Some of the arrested lawyers were reportedly subjected to torture and ill treatment. Fourteen of the detained or arrested lawyers are presidents or former presidents of provincial bar associations.
And it is not limited to lawyers. A Turkish court sentenced a judge who previously won an award for human rights to 10 years in prison over links to the network Ankara says orchestrated an attempted coup in 2016, the state-owned Anadolu news agency said on Friday. Murat Arslan, who has been detained for 22 months, was convicted of membership in an armed terrorist organisation, after prosecutors charged him with use of the encrypted messaging app ByLock, Anadolu said. Arslan has denied the charges and said any evidence that he had used the app was “fabricated”, Anadolu said.
The government says the outlawed app was widely used by followers of the U.S.-based cleric Fethullah Gulen, whom it blames for the attempted coup that saw rogue soldiers commandeer tanks and aircraft, attacking parliament and killing some 250 unarmed civilians. The Council of Europe human rights body in 2017 gave Arslan, who was detained at the time, the Vaclav Havel Human Rights Prize, a decision that prompted Turkey to say it would cut back its funding to the body. [https://humanrightsdefenders.blog/2017/10/18/turkey-angry-after-pace-havel-prize-is-awarded-to-jailed-judge/]
Korur Fincancı was one of more than 1,000 Turkish academics who signed a 2016 petition calling for peace after a two-year ceasefire between the government and the Kurdistan Workers’ Party (PKK) broke down and security forces used tanks and artillery to crush attempts by the militants to seize towns and cities across the mainly Kurdish southeast. Now the head of Turkey’s Human Rights Foundation has been sentenced to 30 months in prison for signing the petition and for her contribution to a report prepared by her foundation on the Turkish military’s activities in the southeastern town of Cizre.
……The figures show an alarming trend that Korur Fincancı said pointed to systematic rights violations. “In the year 2017, more than 5,000 people across Turkey applied for legal aid from the Human Rights Association on the basis that they’d been tortured. More than 500 applied to representatives of the Human Rights Foundation of Turkey to be diagnosed … for torture,” she said. The number of applicants remained high in 2018, with more than 2,600 people who said they had been tortured applying for legal aid and 558 applying for treatment in the first 11 months of the year.
….Korur Fincancı she said the fight against torture must extend beyong medical treatment to preventative measures, and that means educating the public.
…Meanwhile, security forces have opened 26,000 cases against suspects they say resisted arrest. “After police launch cases against them, people become hesitant to open (torture) cases … or the withdraw them. Thus the judiciary protects the police, the use of torture with legal repercussions becomes more entrenched, and the police believe they are doing their duty under this protection,” said the doctor.
With the introduction of emergency rule after the coup, the purge and arrest of public officials has come to be counted as part of a struggle against terrorism, providing another layer of protection for security officers who commit torture and other infractions. “And this arrangement applies to civilians – it’s the same as telling security officers we are in a state of civil war and their actions will be ignored,” Korur Fincancı said. “And that’s a very dangerous situation.”
State of emergency
Anyway, ending the state of emergency in Turkey has not ended repressive rule under President Recep Tayyip Erdoğan, Human Rights Watch observed on 17 January 2019 in its World Report 2019. Prolonged and arbitrary jailing of critics on bogus terrorism charges has become the norm in Turkey. Turkey’s parliamentary and presidential elections in June 2018 took place in a climate of media censorship and with some members of parliament and one presidential candidate jailed. Erdogan’s ruling Justice and Development Party (AKP) retained control of a weakened parliament through a coalition. And with the election, in which Erdoğan was reelected, Turkey’s presidential system of governance, approved in a 2017 constitutional referendum, entered fully into force. “Any hope that the end of the state of emergency six month ago would mark a return to respect for human rights has been dashed,” said Hugh Williamson, Europe and Central Asia director at Human Rights Watch. “The Erdoğan government’s hounding of its critics and opponents has dismantled Turkey’s rule of law framework and turned justice on its head.”
reports that on 30 January 2019, Randy Felix Malayao, a human rights defender and peace consultant for the National Democratic Front of the Philippines (NDFP), was shot dead while he was asleep on bus in Aritao, Nueva Vizcaya.Randy Felix Malayao [https://www.frontlinedefenders.org/en/profile/randy-felix-malayao]was a human rights defender and peace advocate. Since 2008, he had served as a consultant on political and constitutional reforms for the NDFP, a coalition of groups that has long been engaging in peace negotiations with the Phillipine government. The human rights defender also participated in the peace talks in Europe in 2016, as a spokesperson during the formal negotiations. Other than his work with the NDFP, Randy Felix Malayao was also on the board of trustees of a local human rights organisation in Northern Luzon, the current vice president of the Makabayan coalition, and an active campaigner against human rights violations committed by the military in Cagayan Valley.
Following the death of the human rights defender, his work and character were targetted by a slew of unfounded allegationsfrom the Philippine National Police (PNP). They alleged that Randy Felix Malayao was a ranking officer of the Communist Party of the Philippines (CPP), that he embezzled funds from “the Party” and extorted money from the people, and that he had eloped with another activist who was already married. Randy Felix Malayao’s family denounced these allegations. Cristina Palabay, Secretary General of Filipino NGO Karapatan , also denounced the PNP’s allegations and reaffirmed that Randy Felix Malayao was not a member of the CPP.
Before his death, as a result of his human rights advocacy, Randy Felix Malayao had been hounded by suspected military personnel; abducted and tortured by political adversaries; spent four years in prison on trumped-up and politically-motivated charges; and was among the 650 individuals branded as terrorists by the Duterte administration in the proscription petition issued by the Department of Justice in February 2018. The eventual removal of his name from this list in January 2019 by the Manila Regional Trial Court Branch was supposed to have accorded Randy Felix Malayao a safer environment to carry out his work, but his murder proves that this was not the case. [see also: https://humanrightsdefenders.blog/2018/11/08/and-in-the-philippines-the-killing-of-human-rights-defenders-also-continues-with-benjamin-ramos/]
To show that harassment of HRDs continues unabated is shown by the Amnesty USA report that the Philippine Department of Justice has recommended ‘cyber libel’ charges against Maria Ressa, the editor of news outlet Rappler, together with one of its former reporters. Amnesty International’s Philippines Director, Butch Olano stated: “The latest harassment of Maria Ressa and her team comes as no surprise. Rappler’s fearless journalism has consistently exposed the so-called ‘war on drugs’ for what it really is: a deadly campaign that has led to thousands of unlawful killings of poor and marginalized people, including children. Critics, activists, and journalists alike have faced President Duterte’s wrath for speaking the truth”. It is all the more ridiculous given that the National Bureau of Investigation, which first reviewed the complaint, dismissed this claim as baseless last year.
Background: On May 29, 2012 Rappler published a story, written by former reporter Reynaldo Santos Jr., alleging that a car used by former Chief Justice Renato Corona during his impeachment trial belonged to a businessman, Wilfredo Keng, who has alleged ties to human trafficking and drug smuggling rings. On January 10, 2018, Keng filed a “cyber libel” complaint against Santos, Maria Ressa, and six members of Rappler’s board of directors under the Cybercrime Prevention Act of 2012. The National Bureau of Investigation subsequently dismissed the complaint because the report preceded the enactment of this law.
In a January 2019 decision obtained by Rappler this week, the Department of Justice revived the charges against Ressa and Santos, as well as Rappler Inc., on the grounds that the news article was updated in February 2014, and is therefore actionable. Maria Ressa and Rappler Inc are already facing charges of tax evasion which Amnesty has condemned as politically-motivated. Rappler has been a consistent critic of President Rodrigo Duterte and his administration, publishing detailed investigations into some of the thousands of extrajudicial executions committed by police and other unknown armed persons during drug-related operations.
Yared Hailemariam
