Archive for the 'organisations' Category

Human Right Defender Jean-Pierre Okenda, Democratic Republic of Congo

November 29, 2015

On 26 October 2015, the ISHR published a profile of human rights defender Jean-Pierre Okenda, Democratic Republic of Congo. It was conducted on the margins of a meeting of the African Commission. ISHR-logo-colour-high

Jean-Pierre Okenda has taken his own route toward improving human rights impacts of extractives projects in his country. His role, as coordinator for a platform of civil society organisations in the mining sector, involves a great deal of immersion in books and texts, but also with people.

In the context of the DRC, it was absolutely critical that I redirect my work to make clear the connection between human rights and the extractive sector, and that meant research. It means understanding the global stakes of the issue. It meant explaining how bilateral relations and investment treaties really impact ordinary citizens and their rights.” Research for research’s sake is not Mr Okenda’s goal. He aims to develop networks, training, and tools to empower affected communities and other organisations to better document, understand, and evaluate the human rights impacts of a project.  He also emphasises the role of research in strengthening peoples’ understanding of the links between human rights, extractives industries, and taxation, incomes, and other ‘technical’ issues. He also urged legal reforms to help protects human rights at the local level.

Building relationships with the government and enterprises is a challenge – but it is possible, if one understands where they start from. I sent a questionnaire on human rights to local and national authorities, and you know what? There was, aside from a small amount of general familiarity at the central level, a total gap in terms of human rights knowledge. This made it clear that – sometimes – violations arise because of this lack of awareness or training. And yet, they are still responsible for protecting and realising these rights!” It is important,’ he added, ‘that they know what we are looking for when we come and ask for such and such a document’.

With corporations, it is the same. They limit themselves to two things: to the legal framework, and to the business’s internal priorities and policies. If they don’t have an internal policy, it’s likely that they don’t know a thing about human rights. To get them to think about human rights, it is critical to use another language they will understand, the language of professionalism.To further insist on empowering local communities and civil society to act, Mr Okenda noted the critical importance of having decentralized human rights institutions, so that even communities far from Kinshasa could seek resources and assistance to combat violations and abuses. ‘There is a growing global move toward more participation of civil society, in decisions related the politics and planning, in addition to the implementation. We need to see this apply in the area of extractives as well.’ The participation at the global level of local communities in the conversation about human rights and businesses is important. But the ability to participate is limited, says Mr Okenda, and so while human rights are central to the resolution of the issue, they will always be limited by governments’ hypocrisy, by neoliberalism, the financial crisis, and other geostrategic concerns.

Mr Okenda is clear: risks do exist, for all human rights defenders, including intimidation, violent attacks, denunciation, and abusive prosecutions. For those working on investment and extractives issues, the problem is that these might sometimes be the very same individuals or institutions (e.g., government agencies) that are meant to be protecting the people.So, according to Mr Okenda, defenders face every day a personal dilemma – to do what they think is right and defend a community’s interests, or to protect their property and the lives of themselves and their families.  In addition to overt risks, some defenders face pressure from their families themselves, who worry about the impact of rights defence work on safety and security. ‘When the family becomes vulnerable, you are really weakened, too.’ Nonetheless, concludes Mr Okenda: Even if there are risks, even if we human rights defenders face failure or lose patience, it is essential to keep speaking out. Silence is the biggest threat.Mr Okenda remains optimistic in his work. Efforts to encourage the government to recognize human rights defenders, and – along with corporate actors – see defenders as partners as opposed to adversaries, will be key.

Source: Defender Profile: Jean-Pierre Okenda, Democratic Republic of Congo | ISHR

Front Line award winner Guo Feixiong sentenced to six years in prison

November 29, 2015

Frontline NEWlogo-2 full version - croppedOn 27 November 2015, Mr Guo Feixiong was sentenced to six years in prison by the Tianhe District People’s Court in Guangzhou, China. Two other human rights defenders, Liu Yuandong and Sun Desheng, received three and two and a half year sentences respectively. In September, Guo Feixiong (pen name of Yang Madding) was awarded the 2015 Front Line Defenders Award for Human Rights Defenders at Risk [https://thoolen.wordpress.com/2015/09/12/2015-front-line-defenders-award-to-chinese-guo-feixiong-yang-maodong/].

Guo Feixiong was sentenced to six years in prison on charges of “gathering crowds to disturb social order” and “picking quarrels and provoking trouble”. The latter charge was reportedly added by the judge at the sentencing and therefore one that Guo Feixiong’s lawyers had no opportunity to defend him against, and which resulted in two years being added to his sentence. Liu Yuandong was sentenced to three years, while Sun Desheng was sentenced to two and a half years, both on charges of “gathering crowds to disrupt public order”.

Since his detention in 2013, Guo Feixiong has reportedly been held in a 30 sq metre cell with 30 other detainees. Furthermore, he has been denied permission to go outside or exercise in the prison yard since his initial detention and has alleged ill-treatment by the prison guards. According to his lawyer, Mr Zhang Lei, Guo Feixiong’s health has suffered greatly as a result. It has also been reported that Sun Desheng had had his hands cuffed and legs shackled for long periods after his detention.

 

 

Alberto Solis Castro explains the unbalanced power of government and businesses in Mexico

November 24, 2015

On 2 November the ISHR carries an interview with Alberto Solis Castro, a human rights defender concerned with the indigenous communities in Mexico.

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Ongoing police harassment against Imelda Urio and 35 other human rights defenders in Tanzania

November 23, 2015

With International Women Human Rights Defenders Day coming up (29 November) I will pay special attention to questions that concern them. Here a case of police harassment from Front Line concerning Tanzania:  Read the rest of this entry »

Environmental Human Rights Defender Muhammad Dairyman Indonesia

November 23, 2015

In the series Human Rights Defender Profiles [ISHR] this time: Muhammad Darisman, from West Java, Indonesia:

In the context of breakneck pace of economic development Muhammad Dairyman stands out. He currently partners with U.S.-based Worker Rights Consortium to monitor and improve working conditions in garment factories, but he is also the founder, since 2009, of a local NGO that raises awareness of occupational disease and victim’s rights. He has led campaigns to highlight the ongoing (and legal) use of asbestos in Indonesia and across the Asian region, and to raise awareness about the negative health impacts on workers and communities. Read the rest of this entry »

Contrasting views of human rights in business: World Bank and IT companies

November 19, 2015

Here two contrasting statements on the theme of business and human rights. One describes the hesitation of the World Bank to apply human rights criteria and even use the word human rights (posted in the Huffington post of 18 November 2015 by Nezir Sinani [www.twitter.com/NezirSinani] and Julia Radomski, and the other is a piece written by Owen Larter and Nicolas Patrick entitled “Microsoft & DLA Piper – Why Human Rights and Human Rights Defenders are Right for our Business” [published in the ISHR Monitor on 27 October 2015]. Read the rest of this entry »

Business and Human Rights: where to go in the UN

November 19, 2015

from Special Issue on Business and Human Rights by the ISHR, October 2015

For human rights defenders interested to find their way in the myriad of procedures and soft law surrounding the issue of business and human rights:

The UN established in June 2011 a Working Group on the issue of human rights and transnational corporations and other business enterprises.
The key mandate of the Working Group is to promote the effective and comprehensive dissemination and implementation of the Guiding Principles on Business and Human Rights, using the usual range of tools available to Special Procedures of the Human Rights Council (country visits, thematic reports, and individual communications).In order to discuss the trends and challenges in the implementation of those Guiding Principles and to promote dialogue and cooperation on issues linked to business and human rights, a Forum on Business and Human Rights has been held every year since 2012 and is open to all relevant stakeholders, including in particular human rights defenders. There is an increasing focus on human rights defenders in the agenda of the Forum, with two specific panels dedicated to human rights defenders in 2015 focusing on women human rights defenders and on the role of business in protecting defenders respectively.

The Special Rapporteur on the situation of human rights defenders and the Special Rapporteur on the rights to freedom of peaceful assembly and of association have both expressed concern about human rights defenders working on these issues, with the previous Special Rapporteur on human rights defenders devoting a report to the issue of human rights defenders working on major development projects and the Special Rapporteur on the rights to freedom of peaceful assembly and of association devoting a report to the issue of freedom of association and the extractive industries.

In June 2014, the Human Rights Council mandated an Intergovernmental Working Group (IGWG), tasked with commencing work towards the drafting of an international legally binding treaty on business and human rights. In July 2015 the IGWG had their first session, more information and reports can be found here.

Finally, the UN Global Compact initiative, is intended as a practical framework for the development, implementation, and disclosure of sustainability policies and practices by businesses that are committed to aligning their operations and strategies with ten universally accepted principles.

Defender Profile of Will McCallum, Greenpeace UK

November 16, 2015

On 28 October 2015, the Monitor of the International Service for Human Rights carried an interview with human rights defender Will McCallum who is a ‘Campaigner’ at Greenpeace in the United Kingdom.

I would say that it is the tactics we use are what provoke a backlash from the Government as much as the issues we work on. In the UK if you make full use of the freedom of information system or judicial reviews, then you are probably going to have speak out publicly about the failures of government policies. This is what puts you in the firing line’.

And as Greenpeace and other environmental groups have highlighted the risks to environmental rights implied by UK energy and climate policies, they have found themselves targets of derogatory statements from both authorities and the media, questioning the motives of their work. The previous Environment Secretary labelled them ‘self-serving’,highly paid globe-trotters’ ‘focusing on the wrong issues and doing real harm while profiting handsomely’.

Yet Will says that this is actually emblematic of a broader governmental intolerance of civil society advocacy. ‘There is a general background noise from the government which is anti-NGO; there’s a sense of disrespect and there’s been a marked difference since 2012. It’s as if the government see questioning by civil society as a pain which ought to be kept in check. But dissent has its rightful place in a democracy and, in fact, we can help ensure the government makes policies which respect rights and protect the environment. There is a sense that in the UK the government would like to see the role of NGOs as one of simply service providers’.

This attitude has manifested itself not only in the governmental discourse, but also in legislation limiting NGO activities. Will points to the 2014 Lobbying Act, which put strong financial and administrative limitations on the advocacy work NGOs could do around election periods. A recent letter by 150 NGOs called for the law’s repeal, following a recent independent inquiry into its impact.‘At least as concerning for us, however, is the current review of the Freedom of Information Act. Over 140 organisations spoke out last month in concern at apparent attempts to weaken the Act. The government has mandated a Commission to carry out the review, but almost all of its members are politicians and all have a track record of questioning the Act. Where’s the balance? Where’s the view of those of us who rely upon the Act to hold the government accountable?’

Will is concerned at suggestions that the Commission will recommend the implementation of fees for tribunal appeals against freedom of information decisions, currently free. ‘At Greenpeace we have a certain amount of resources we could invest in such appeals. But what’s the impact for smaller organisations and grass-roots human rights defenders? They rely on this Act to demand better from the State’. A lack of transparency and of proper consultation are two obstacles which make it difficult for organisations and communities to question the environmental impact of business projects, says Will. ‘On the one hand, there is a failure by the government to be transparent regarding who they are being lobbied by and how; there is no effective lobbying register. Yet on the other hand there is a reluctance on the part of the State to listen to those communities and activists who are asking for an environmental perspective to be taken into account. The government wants to expedite business projects at all costs, as shown by a recent change to planning guidance which will allow central government to circumvent local authorities in the approval of fracking projects if the latter has taken more than 16 weeks to evaluate a project proposal’.

In an echo of a disturbing global trend, another fear amongst environmental rights organisations in the UK, is the possible use of counter-terror and surveillance legislation to limit their activism… ‘The government has said that the Extremism Bill is to tackle what falls below the legal threshold for terrorist proscription. There needs to be a clear articulation of what this means to ensure the law cannot be abused. Meanwhile, the Policing and Criminal Justice Bill provides for 90-day pre-trail detention. Any law which gives authorities who are relatively intolerant to dissent the power to lock people up before they’ve been judged must be subject to proper consultation of local civil society and international human rights experts before it is passed’. It will also fall upon this government to make guarantees of no-repetition in the cases of police spying and surveillance of environmental groups which have led to a public inquiry into undercover policing…

Source: Defender Profile: Will McCallum, United Kingdom | ISHR

No more ‘business as usual’ when it comes to business and HRDs

November 11, 2015

On 19 October Michel Forst, UN Special Rapporteur on Human Rights Defenders, wrote a piece for the Monitor of the ISHR under the title “No more ‘business as usual’ when it comes to business and human rights defenders”Read the rest of this entry »

Burundi: what more ‘early’ warning does one need?

November 10, 2015
Pierre Claver Mbonimpa is President of the Association for the Protection of Human Rights and Detained Persons (APRODH) in Burundi. He was the Laureate of the MEA 2007 and on 27 October 2015 he received the Pan African Human Rights Defenders Network’s East Africa Shield Award. What happened to him in the last months is telling (for earlier items see: https://thoolen.wordpress.com/tag/pierre-claver-mbonimpa/):

MEA Laureate Mbonimpa, Burundi

MEA Laureate Mbonimpa, Burundi

  • On 3 August 2015, prominent human rights defender Pierre Claver Mbonimpa – laureate of the MEA 2007 – was shot in the face and neck. He was forced to seek medical treatment abroad.
  • His son-in-law, Pascal Nshimirimana, was shot dead outside his home in Bujumbura on 9 October.
  • On 6 November, the body of Welly Nzitonda, the son of Mbonimpa, was found dead a few hours after he was arrested in the Mutakura neighborhood of Bujumbura where protests have taken place.
  • Just before that – on 3 November – Mbonimpa spoke out on a video message from the place where is recovering: https://www.defenddefenders.org/2015/11/voices-that-cannot-be-silenced-pierre-claver-mbonimpa-speaks-out-on-burundi/

On 9 November 2015 eleven leading human rights NGOs addressed an Open Letter to the UN Human Rights Council urging them to organize a special session to prevent (further) atrocities in Burundi.

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