Anna Neistat, Senior Director of Research at Amnesty International, writes in the Huffington Postof 23 February 2017 about 4 Human Rights Defenders who deserve a “Lifetime Achievements” Oscar. Since it’s awards season, Amnesty International is paying tribute to four human rights heroes whose dramatic stories could – and should – be made into movies:
Itai Peace Dzamara
It’s been almost two years since Zimbabwean journalist and activist Itai Peace Dzamarawas dragged from a barbers’ chair by five armed men while he was getting a haircut. Dzamara, the leader of a pro-democracy movement called “Occupy Africa Unity Square”, had long been considered an enemy of the state by the Zimbabwean government. Just two days before his abduction he had delivered a speech at an opposition rally in Harare, calling for mass action against the deteriorating economic conditions in Zimbabwe. If this were a movie, justice would have been done long ago. Dzamara would have been returned to his wife and children, and the men who abducted him held accountable. But this isn’t Hollywood. This is Zimbabwe, where basic rights and freedoms have been trampled on throughout the long years of Robert Mugabe’s reign. As Itai Peace Dzamara and his family know, anyone who dares to speak out is a target for intimidation, harassment and arrest, and there’s no happy ending in sight. Despite a court ruling ordering state security agents to investigate Dzamara’s disappearance, there were gaps in the investigation and his whereabouts remains a mystery. [https://humanrightsdefenders.blog/2015/05/05/itai-dzamaras-disappearance-worrying-for-all-human-rights-defenders-in-zimbabwe/]
Berta Cáceres
GOLDMAN ENVIRONMENTAL FOUNDATION
Like the audience of a horror movie, the people around Berta could see that terrible danger was coming her way – but they were powerless to stop it. Honduras has the highest number of killings per capita of environmental and land activists in the world. The vast majority of these killings go unsolved and unpunished. One story that really stands out in this deadly context is that of Berta Cáceres. Berta was the leader and co-founder of an organisation that was campaigning against the construction of a hydroelectric project on the ancestral lands of indigenous communities in Honduras. In the early hours of 2 March 2016, she was murdered in her own home. Berta knew that she was putting her life in danger, but she was willing to take the risk to stand up for indigenous communities. Like the audience of a horror movie, the people around Berta could see that terrible danger was coming her way – but they were powerless to stop it. Despite the stark warning that her death served, environmental activists in Honduras say that stopping their work is not an option – no-one else will defend their communities and rights. They continue Berta’s work every day, reminding us that we should never take freedom for granted. It is essential that Berta’s assassination is solved, to show that there is a price to pay for attacking and killing environmental activists. Berta’s story ended in tragedy, but we will not stop fighting until we are sure that other activists will not meet the same fate. [https://humanrightsdefenders.blog/2016/03/07/exceptional-response-from-ngo-world-on-killing-of-berta-caceres/]
Sirikan Charoensiri
Sirikan Charoensiri, also known as “June”, is a young lawyer who has bravely stood up for human rights during a dark period of military rule in Thailand. In June 2015, she was on hand at a peaceful protest by pro-democracy student activists in Bangkok to monitor the situation and provide legal representation, if necessary. She now finds herself facing sedition charges and a potential trial in a military court alongside her clients. She also faces charges in two additional cases relating to her defence of the student activists and could be imprisoned for up to 15 years. As the Thai authorities have escalated their crackdown in the name of security, people who stand up for human rights in the country are increasingly falling foul of a government intent on silencing dissent. As June herself put it: “There is now an environment where risk is visible and imminent.” [https://humanrightsdefenders.blog/2016/12/01/international-day-of-women-human-rights-defenders-agents-of-change-under-pressure/]
Narges Mohammadi
Narges is a prisoner of conscience who should be lauded, not locked up, for her human rights work. In Iran, human rights defenders and other peaceful critics are subject to relentless harassment. Over the past year, those jailed after shockingly unfair trials before Revolutionary Courts including lawyers, bloggers, students, women’s rights activists, filmmakers and even musicians. Human rights defender Narges Mohammadi knows better than most how vengeful the Iranian authorities can be towards anyone who dissents. She is currently serving a total of 22 years in prison for speaking out against issues such as Iran’s prolific use of the death penalty and acid attacks on women. What makes her situation even worse is that she is critically ill and cannot receive proper medical care in prison. Just as cruelly, the authorities have at times denied her access to her young children, who had to leave Iran to live with their father in France after she was jailed. Narges is a prisoner of conscience who should be lauded, not locked up, for her human rights work. We will continue to fight until she is free.[https://humanrightsdefenders.blog/2014/06/12/retaliation-against-iranian-human-rights-defender-for-meeting-with-ashton/]
Itai, Berta, Sirikan and Narges are just a handful of the outstanding human rights defenders around the world who deserve recognition, but have instead been silenced by forces of cruelty, injustice and repression.
In 2013 I reported on human rights defender, Lena Hendry, in Malaysia who was charged with showing the film “No Fire Zone: The Killing Fields of Sri Lanka”, a film on human rights violations in Sri Lanka. [see: https://humanrightsdefenders.blog/2013/09/18/human-rights-worker-in-malaysia-to-appear-in-court-tomorrow-for-screening-the-film-no-fire-zone/#more-3469]. Now Front Line reports on 21 February 2017, that the human rights defender was convicted by the Magistrate’s Court in Kuala Lumpur [https://www.frontlinedefenders.org/en/profile/lena-hendry]. On 21 February 2017, Lena Hendry was found guilty by a magistrate’s court in Kuala Lumpur for screening “No Fire Zone: The Killing Fields of Sri Lanka” under Section 6 of the Film Censorship Act 2002. She is currently on bail and intends to appeal the court’s decision. Her sentencing is scheduled for 22 March 2017.
Lena Hendry is the former Programme Coordinator for Pusat KOMAS, a human rights organisation established in 1993 in Malaysia. This organisation works to empower indigenous peoples, poor people in urban areas, workers, and civil society organisations through the use of popular media. [On 10 March 2016, The Magistrates’ Court of Kuala Lumpur acquitted Lena Hendry of the charges but on 21 September 2016, the High Court in Kuala Lumpur reversed Lena Hendry’s aquittal following an appeal issued by the prosecution.
Front Line Defenders condemns the conviction of Lena Hendry, as it believes that the charges brought against the human rights defender are directly linked to her legitimate and peaceful work in the defence of human rights, in particular in exposing human rights violations in Sri Lanka. Front Line Defenders urges the Malaysian government to repeal provisions of the Film Censorship Act 2002 that allow unnecessary and arbitrary government interference in the showing of films in Malaysia.
Camara Salimata SY, is the vice-president of Association des Femmes Chefs de Famille (AFCF – Association of female family heads). She talked to ISHR about her work on women’s rights and political participation in Mauritania. She also highlights the risks and challenges facing her and calls for more respect from the African Commission and African States for their human rights obligations.
On 15 February 2017, the chair of HURIDOCS, Gisella Reina announced the appointment of Friedhelm Weinberg as the new Executive Director. She added: “HURIDOCS has a young and energetic director that listens and leads. His experience with our global network, having worked in Asia, Africa and the Former Soviet Union region, gives him the firm understanding of what our community thinks and wants. Friedhelm has proven his capacity to strengthen and motivate our international and distributed team to be creative and effective.”
The document “The Situation of Human Rights Defenders – Item 3: Amnesty International’s Written Statement to the 34th Session of the UN Human Rights Council (27 February- 24 March 2017)” could of course be obtained directly from AI. However, I do it via: http://www.refworld.org/docid/58a195034.html, in order to highlight this very useful service provided by the documentation service of the UN High Commissioner for Refugees (UNHCR) which regularly gives links to documentation concerning countries of origin of refugees. The entry will look like this:
Title
The Situation of Human Rights Defenders – Item 3: Amnesty International’s Written Statement to the 34th Session of the UN Human Rights Council (27 February- 24 March 2017)
Amnesty International, The Situation of Human Rights Defenders – Item 3: Amnesty International’s Written Statement to the 34th Session of the UN Human Rights Council (27 February- 24 March 2017), 13 February 2017, available at: http://www.refworld.org/docid/58a195034.html %5Baccessed 13 February 2017]
Disclaimer
In their submission AI states in part:
In 1998 the international community adopted, by consensus, the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms thereby recognising the importance that civil society actors play in the defence of the values that underpin human rights. The Declaration stresses that we all have a role to fulfil as human rights defenders and urges States particularly to protect human rights defenders from harm as a consequence of their work.
However, almost two decades after that historical moment human rights defenders continue to be harassed, tortured, jailed and killed for speaking out against injustice. During the protests against the Dakota Access Pipeline in the USA last year, the security forces used excessive and unnecessary force when arresting members of the Standing Rock Sioux Tribe and other Indigenous communities who oppose its construction.
Over 3,500 human rights defenders have been killed since the Declaration was adopted in 1998 and according to recent figures released by Frontline Defenders, the number of killings in 2016 marked an increase in the number reported in the previous year.
These killings usually occur after threats and warnings. Berta Cáceres, the leading indigenous, environmental and women’s rights defender from Honduras was killed in March 2016 despite enjoying a high national and international profile. In the aftermath of her killing, Honduras was under increased pressure to protect its human rights defenders, nonetheless, in October 2016, José Ángel Flores and Silmer Dionisio George of the Unified Movement of the Aguán were murdered, and currently international organization Global Witness, along with Honduran organizations MILPAH, COPINH and CEHPRODEC are facing a smear campaign against them for their work defending land, territory and environmental rights.
Amnesty International also continues to receive reports of human rights defenders being subjected to unfounded criminal proceedings, arbitrary detention and judicial harassment, which prevents them from speaking up against injustice, delegitimizes their causes and creates a chilling effect on activities that promote human rights. Human rights defender Narges Mohammadi is serving 22 years’ imprisonment after being convicted of national security related charges in Iran. Her conviction stems from her peaceful human rights activities, including her work to end the death penalty and her 2014 meeting with the former European Union (EU) High Representative for Foreign Affairs and Security Policy.
In Egypt civil society has been subjected to an unprecedented crackdown. In 2016, the authorities intensified a criminal inquiry into NGOs’ registration and foreign funding that could lead to criminal prosecution and sentences reaching up to life imprisonment. The authorities have also subjected NGO personnel to interrogation, freezing of personal and organizational assets, preventing leading human rights defenders from foreign travel, arbitrary arrest and detention.
Amnesty International notes with concern that the organisations, networks and methods people rely on to stand up for their communities are also attacked. Unions are threatened. Lawyers and activists in China have been ill- treated and sometimes tortured in detention. In Pakistan, human rights defenders are labeled as ‘foreign-agents’. In Viet Nam, attacks against human rights defenders are common, and include beatings and daily harassment and surveillance.
In other parts of the world, newspapers are closed down. Social media are banned and digital conversations monitored. Taking to the streets to protest is impossible.
In Turkey, against the backdrop of the failed military coup in 2016, unfair criminal prosecutions under criminal defamation and counter-terrorism laws targeted political activists, journalists and other critics of public officials or government policy. Over 180 media outlets have been arbitrarily shut down and 80 journalists remain in pre-trial detention.
States also repeatedly interfere with human rights defenders’ ability to communicate safely and expose human rights violations to regional and international human rights mechanisms, including this Council and its mechanisms. Recently the Special Rapporteur on the situation on the situation of human rights defenders noted, with great concern, the number of human rights defenders that received social media threats simply for meeting with him on his visit to Mexico at the beginning of this year.
In Burundi in January 2017, the Bujumbura Court of Appeal ruled to disbar three lawyers and suspend another. Each had contributed to a civil society report to the UN Committee against Torture prior to its review of the country in July 2016. The permanent closure of five human rights organizations and the suspension of five others was ordered in October 2016 on the allegation that they tarnished the image of the country. One of the suspended organizations was later banned following publication of a controversial report.
……..Amnesty International urges the Human Rights Council to:
Renew the mandate of the Special Rapporteur on the situation of human rights defenders and cooperate fully with it, including by encouraging swift and comprehensive responses to communications from the Special Rapporteur and acceptance of requests for country visits.
Reaffirm that protecting human rights is necessary for individuals to live in dignity, and that deepening respect for these fundamental freedoms lays the foundation for stable, safe and just societies;
Recognize the legitimacy of human rights defenders and applaud the role they play in the advancement of human rights, and urge States to facilitate and publicly support their work;
Urge States to adopt and implement legislation which recognises and protects human rights defenders;
Stress the urgent need for all States to establish national protection mechanisms for human rights defenders at risk;
Urge States effectively to address threats, attacks, harassment and intimidation against human rights defenders, including, where applicable, by thoroughly, promptly and independently investigating human rights violations and abuses against them and bringing alleged perpetrators to justice in fair trials without recourse to the death penalty, and providing effective remedies and adequate reparations to the victims;
Urge States to ensure that the criminal justice system or civil litigation is not misused to target nor harass human rights defenders;
Refrain from bringing criminal charges or, other judicial proceedings or taking administrative measures against human rights defenders because of the peaceful exercise of their rights;
Ensure that those who challenge injustice peacefully are not portrayed as threats to security, development or traditional values;
Emphasize the fact that human rights defenders who work on gender equality, women’s rights or LGBTIQ rights face particular risk of being subjected to certain forms of violence and other violations that need to be particularly addressed;
Pay particular attention to other groups who may be at risk, such as those who work for economic, social and cultural rights, defenders who work in the area of business and human rights; in an area exposed to internal conflict or a natural disaster; defenders living in isolated regions or conflict zones; and defenders working on past abuses, such as the families of victims of enforced disappearance;
Condemn any acts of intimidation or reprisals against human rights defenders who cooperate or seek to cooperate with international human rights mechanism;
Urge States to cooperate fully with the recently mandated Assistant Secretary-General for Human Rights to prevent, end and redress acts of reprisal and intimidation.
Victor Nanklan Touré is the president of NGO ‘Club Union Africaine Côte d’Ivoire’ which is mainly working on statelessness and land issues. A human rights advocate for over 15 years he participated in the civil society training organised in Banjul from 15 to 16 October 2016 by ISHR, the Office of the High Commissioner for Human Rights and the African Centre for Democracy and Human Rights Studies. On this occasion he presented his work to ISHR and shared a message towards African political leaders.
The interview mentioned above is unfortunately only available in French.
Trump’s executive order may be stalled in the courts for the moment but at some point in time a more restrictive policy towards refugees will come into being. One feature that is worrisome is that the administration expects to make more use of vetting by the very governments the refugees are trying to flee: “we look at how well these various countries can vet people.” That is what B. Shaw Drake of Human Rights First points out in his piece “Under Trump’s “Extreme Vetting,” Should Dictators Vet the Refugees they Create?“(10 February 2017):
Andrea Ixchíu Hernandez is an indigenous rights defender working for several organisations in Guatemala. She talks – in English – to ISHR (International Service for Human Rights) about her work to build up community media so the voices of indigenous people are heard and the violations they face are publicly unveiled.
On 31 January 2017 Human Rights Watch published this video:
Two Bahrainis appear to be at imminent risk of execution despite the authorities’ failure to properly investigate their allegations of torture. Both Mohamed Ramadan and Husain Ali Moosa have disavowed confessions that they allege were the result of torture and that were used as evidence in a trial that violated international due process standards.
The January 15, 2017 executions of three other Bahrainis in a similar case have raised concerns that King Hamad bin Isa Al Khalifa will approve the executions of Ramadan and Moosa, who face the death penalty for a February 2014 bombing that resulted in the death of a policeman. Human Rights Watch analysis of their trial and appeal judgments found that their convictions were based almost exclusively on their confessions, which both men retracted.
The weekly video service of Just Asia of 26 January 2017 is a special focus on the regional meeting of Asian Parliamentarians & Human Rights Defenders Against Torture, held in Hong Kong in December. During the meeting focusing on modernizing criminal institutions, Just Asiainterviewed several parliamentarians and human rights defenders.
Just Asia speaks to Dr. P. M. Nair, Chair Professor at the TATA Social Sciences Institute. According to Dr. Nair, institutions need to work together in India to combat torture, and he is confident that once this occurs, things will improve quickly. Dr. Nair also noted the importance of persons implementing laws and regulations to have a human rights perspective, which would particularly help vulnerable and marginalized sections of society.
Just Asia interviews Pakistani Member of National Assembly Imran Zafar Laghari, to learn his views on the rising incidents of torture and corruption in the policing and judicial systems.
In Nepal, the February 2017 deadline for the transitional justice commissions to complete their work is fast approaching. However, other than collecting over 60,000 complaints and starting preliminary investigations, the Truth and Reconciliation Commission (TRC) and the Commission of Investigation on Enforced Disappeared Persons (CIEDP) have not succeeded in anything meaningful. Meanwhile, Nepal’s Anti-torture legislation is pending in the Parliament. With Colonel Kumar Lama being released by the UK court, there are nominal chances for the Parliament to pass the anti-torture legislation and put it into practice. Just Asia speaks to Mr. Dipendra Jha, a practicing lawyer at the Supreme Court of Nepal, for his views.
Indonesia also faces a rise in executions and the use of the death penalty. At the same time, the revision of the country’s penal code has been ongoing for over a decade. Member of the drafting committee and parliamentarian Mr. Arsul Sani speaks about his views on the penal code revision process and rule of law in Indonesia.
Bangladesh has seen considerable violence and political manipulation in the last year. Dr. Badiul Alam Majumdar, secretary of Citizens for Good Governance shares with Just Asia his views on free and fair elections and the Bangladesh electoral system.
