For those wanting to submit candidates for the 2016 MEA, please note that the nominations deadline is one month earlier than in the past, i.e. 9 November 2015. Nominations can be submitted electronically at www.martinennalsaward.org
The Jury of the Award is composed of the following NGOs:
On Tuesday 29 September (15h30 – 17h30, Palais des Nations, Room XXII, Geneva), the CMDPDH, Asociación Civil and ISHR organise a side event about the situation for human rights defenders in Mexico. [A Mission of International Observers visited Mexico in November 2015 and will present its conclusions – under the title “In Defense of Life” – to the Mexican Government within the framework of the 30th session of the Human Rights Council.]
Panelists in the event are::
Rosario Figari Layús – Researcher in the Institute for Interdisciplinary Research on Conflict and Violence (IKG) at the University of Bielefeld, Germany.
Carola Hausotter – Coordinador of the German Network for Human Rights in Mexico (Deutschen Menschenrechtskoordination Mexiko)
Ben Leather – Advocacy, Training and Communications Manager of the International Service for Human Rights (ISHR)
Olga Guzmán Vergara – Advocary Director of the Mexican Commission for the Defense and Promotion of Human Rights (CMDPDH)
Ambassador Jorge Lomónaco Tonda – Permanent Representative of Mexico to the UN in Geneva (TBC)
Christina Kokkinakis – Head of Human Rights section from the Permanent Delegation of the European Union to the UN in Geneva
On 18 June 2015, Rachel Ball, Director of Advocacy at the Human Rights Law Centre in Australia, reflects on a cross-regional consultation of human rights defenders facilitated by ISHR:
There’s a game that you sometimes find at amusement arcades called whack-a-mole. Toy moles rise out of their holes at random and the player uses a large mallet to whack the moles on the head and force them back into their holes. A successful player needs vigilance, composure and a quick eye.
For human rights defenders, the protection of civil society space is a lot like a game of whack-a-mole. Threats arise without warning and valuable time, resources and energy are spent opposing them.
Almost one year ago, the Human Rights Council passed a resolution urging States to ‘create and maintain, in law and in practice, a safe and enabling environment in which civil society can operate free from hindrance and insecurity’. In too many cases the Human Rights Council’s resolution has not translated into domestic action and last week in Geneva ISHR convened a group of expert whackers from around the world to share their experiences of threats to civil society space and strategies to counter those threats.
Participants discussed anti-protest laws, restrictions on the establishment and funding of civil society organisations, constraints on the work of journalists, and national security and counter-terrorism laws that unduly restrict freedom of association and assembly. Each of these restrictive practices constitutes a current threat to civil society space in my country, Australia, and it was both troubling to see the regularity with which these laws and policies arise around the world, and encouraging to be exposed to the skill and dedication of human rights defenders working to defeat them.
We discussed and debated strategies for protecting civil society space, including building and maintaining strong coalitions, engaging with UN human rights mechanisms and other international actors, working with Governments and legislatures, strategic litigation, monitoring and reporting and working with the media and social media. We shared stories of success as well as failure.
What was abundantly clear during the ISHR convening was that human rights defenders should not be spending their time whacking moles. Beyond our work protecting civil society space, we are engaged in issues like persecution on the basis of sexual orientation and gender identity, militarisation, sustainable development, climate change and refugee rights, to name a few.
The contribution of civil society actors to human rights challenges like these is vital. As the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, told the Human Rights Council at the opening of its 30th session last week, ‘When ordinary people can share ideas to overcome common problems, the result is better, more healthy, more secure and more sustainable States. It is not treachery to identify gaps, and spotlight ugly truths that hold a country back from being more just and more inclusive. When States limit public freedoms and the independent voices of civic activity, they deny themselves the benefits of public engagement, and undermine national security, national prosperity and our collective progress. Civil society – enabled by the freedoms of expression, association and peaceful assembly – is a valuable partner, not a threat.’
In addition to enabling civil society through the proper protection of freedom of expression, assembly and association, States should make public commitments to support civil society and protect civil society space. Those commitments should be backed up by legal and institutional protection against intimidation and reprisals, support for the establishment and operation of non-government organisations and mechanisms to ensure transparency and accountability.
Human rights defenders will return home from ISHR’s consultation, training and advocacy program with their mallets at the ready, but really it would better if we didn’t have to use them at all.
A bit belatedly, I refer to the interview (19 June 2015) with Alejandro González in the Newsletter of the ISHR. Alejandro is a human rights specialist who works for PODER, an award winning and multi-faceted civil society organisation based in Mexico that helps build the capacities of communities, workers, NGOs, and other civil society groups affected by corporate malfeasance and accompanies their accountability campaigns.
‘We help communities participate in the consultative process. In the end, it is about what communities want. We are not in favour or against the project. We make sure communities know their rights and are aware of the potential positive and negative impacts of the project.’ Free, prior and informed consent of the local communities is needed to pass development projects in indigenous regions of Mexico. Recent reforms, however, have opened the energy sector to both national and international investment. Mexico is currently in a maelstrom of speculation. ‘This is a dangerous situation. Many powerful companies in Mexico have a poor track record in human rights and we are concerned that local communities will lose their power to defend their land rights. Communities affected by gas speculation can either be obliged to sell their land or be forcibly dispossessed. It is vital that we observe, facilitate and publicise these negotiations.’
PODER, together with rural communities, is currently conducting an ex ante human rights impact assessment on extractive projects in Puebla, Mexico. In other states, such as Hidalgo, Oaxaca, and Sonora, PODER conducts participatory research with communities and accompanies their advocacy efforts. In Oaxaca it is part of an international mission to monitor the Free, Prior and Informed Consent process regarding the construction of wind farms by Australian, Dutch, Japanese and Mexican corporations.
‘The government wants to use this case as a model – to set a precedent for all future negotiations. If it goes poorly, the consequences could be devastating … We have met frequently with the Dutch, European Union and other embassies to amplify the voices of local people. We have also conducted extensive research into the companies and provided this information to the community, to help them make informed decisions.’
Standing up to powerful economic actors is dangerous work. In 2013, Héctor Regalado Jiménez, member of the Popular Assembly of the Juchiteco People, was shot and killed after opposing the wind farms. ‘Another activist we were working with died in a suspicious car accident. We still don’t know what happened, but this is a common modus operandi in Mexico. The killers make it look like an accident. Community leaders are frequently subject to death threats and assaults.‘
Since PODER does not directly advocate on land rights issues, Alejandro is not in as much risk as the human rights defenders it supports, though he and his colleagues face increasing surveillance. He believes that a powerful political and corporate élite pose a major challenge to the work of business and human rights defenders across Mexico. ‘There is a small group of families who control most of the market. It is a secretive group who meet with the president and cabinet members behind closed doors. Together they decide the laws and regulations. That’s how they pushed through the reforms that opened up the energy sector.’
To address this lack of transparency in the government and private sector, PODER is involved in online platform such as “Who’s Who Wiki” (rindeucentas.org) and ‘MéxicoLeaks’ – a whistleblowing tool that allows people to send information of public interest through secure technologies that protect the identity of the source. The information received through MéxicoLeaks is then verified, analyzed and published by the partners of the alliance, made up of civil organizations and media outlets. “The investigations that follow allegations communicated via ‘MéxicoLeaks’ are dangerous. In a two-year period, 10 journalists were murdered and 326 attacked. We have seen an increasing use of cyber attacks – as hackers force outlets offline or bombard them with viruses. Any journalist who exposes government corruption can expect to lose his job.”
Despite these adverse conditions, Alejandro is positive that good business practice is in the best interests of businesses. ‘We make corporations aware that human rights violations are a material risk. For example, if a company pollutes a river, there will be mobilisation and litigation against the company as well as a huge attack on their reputation – all of which costs money. Making corporations aware of the cost of violating human rights puts pressure on them to improve their due diligence.‘
‘In Mexico we would like to see a civil society powerful enough to be on equal footing with both the authorities and the private sector. For this you need information, complete transparency in everything the government does and strong accountability mechanisms. The private sector must prioritise human rights with due diligence, and not merely refrain from doing harm, but actively to do good.’
on 21 September 2015 carries an interview with Lira Ismailova, a human rights defender from Kyrgyzstan.
She starts by crediting her mother, Tolekan Ismailova – a celebrated Kyrgyz human rights defender, with influencing her. Lira, previously a lawyer advocating for a wide range of human rights related issues, currently works at Bir Duino Kyrgyzstan – which focuses on defending freedom of association and protecting human rights defenders in Kyrgyzstan.
‘My first position in the field of human rights was with an NGO working for the protection of the rights of internal migrants. I then advocated for the repeal of the death penalty in Kyrgyzstan. I participated in a working group to prepare a draft law for reforming our criminal legislation, and on several reforms for the penitentiary system which included monitoring prisons in Kyrgyzstan.’ Lira’s work on the death penalty was ultimately successful in 2007 when President Bakiyev abolished the death penalty. However, this achievement did not herald a significant practical improvement in the human rights situation in Kyrgyzstan. Instead, since then, it is ‘much more difficult’ for human rights defenders on the ground.
Lira recalls numerous occasions when she and her family had to temporarily leave Kyrgyzstan for safety reasons. Lira highlighted the restrictions imposed on Bir Duino’s operations and recalled that its Kyrgyzstan office has been burgled twice in connection with attacks on ‘nationalists’. Bir Duino’s activities were also ‘supervised’ by authorities during the trial of well-known human rights defender Azimzhan Askarov in 2013 who is currently serving a life sentence in a Kyrgyz prison [https://thoolen.wordpress.com/2015/07/23/fury-about-us-award-for-askarov-in-kyrgyzstan-backlash-or-impact/].
‘We need help from international institutions to raise awareness of the Government’s attempts to implement these restrictive laws and help us to stop these laws from passing in Parliament’
…..According to Lira, it is critical that, among other international mechanisms, the UN Special Rapporteur on the situation of human rights defenders visit Kyrgyzstan. Some of the main aims of such visit would be to observe the effect of Russian-derived legislation on civil society space and support human rights defenders, such as Askarov a defender who needs urgent humanitarian aid.
Lira adamantly talks about what needs to be done in Kyrgyzstan – the Government needs to ensure the protection of human rights defenders in accordance with the UN Declaration on human rights defenders; ensure that national legislation complies with this Declaration, including by repealing legislative barriers to obtaining financial resources, independence, freedom of association, assembly and expression; and create a parliamentary committee on observance of the situation with the human rights defenders.
On 15 September 2015, the Turin Court of Appeal ruled to release Algerian human rights defender Mr Rachid Mesli, who has been under house arrest since 22 August 2015, and to allow him to leave the country, as reported by Front Line Defenders.
The human rights defender was released before the end of the 40 day period during which the Algerian government could submit a formal request for extradition. The Court recognised Rachid Mesli’s important and peaceful work in the defence of human rights, as well as the high risk of torture he would face if returned to Algeria. While the court is yet to make its final decision on the extradition warrant, the release order highlighted that, according to the information received, Rachid Mesli’s human rights activities were not in any way related to terrorism.
On 22 August, the Italian court placed the human rights defender under house arrest following three days in detention in Aosta prison. Rachid Mesli was arrested on 19 August 2015 (https://www.frontlinedefenders.org/node/29390) as he travelled to Italy on holiday with his wife and son. The arrest occurred as a result of an arrest warrant issued by the Algerian authorities in April 2002 on terrorism-related charges.
Interesting tot note Front Line Defenders’ call on Interpol to ensure the legitimacy of all warrants issued by its members and to put in place safeguards so that the system cannot be abused in order to target human rights defenders.
The Emirates proudly sponsor major clubs such as AC Milan, Real Madrid, Benfica, Paris Saint-Germain and Arsenal, but when it comes to flying out of the country there is a problem for those who do not toe the line. A case in point is Ahmed Mansoor, one of 3 finalist for the 2015 Martin Ennals Award for Human Rights Defenders.
Today – 15 September 2015 – the 10 international NGOs on the Jury of the MEA (see list below) came out with an exceptional joint statement calling on the United Arab Emirates (UAE) authorities to lift the travel ban imposed on Ahmed Mansoor and to issue him a passport before the ceremony on 6 October in Geneva (in which the United Nations High Commissioner for Human Rights participates).
Widely respected as one of the few voices within the UAE to provide a credible independent assessment of human rights developments, Ahmed Mansoor regularly raises concerns regarding arbitrary detention, torture or degrading treatment, and failure to meet international standards of fair trial. He also draws attention to other human rights abuses, including against migrant workers. As a result, Ahmed Mansoor has faced repeated intimidation, harassment, and death threats from the UAE authorities or their supporters, including arrest and imprisonment in 2011 following an unfair trial. He and four other activists who called for democratic rights in the UAE were jailed in 2011 on the charge of “insulting officials”. Although pardoned and released later that year, Ahmed Mansoor has been banned from travel and had his passport confiscated.
Martin Ennals Award for Human Rights Defenders
The Martin Ennals Award Jury today said: “Ahmed Mansoor’s absence at the ceremony would mark a very disappointing position for the UAE, which is a country that prides itself as one of the hubs of international business and tourism in the Middle East, as well a safe haven in the region. As a member of the UN Human Rights Council, which is running for a second term, we expect the UAE authorities to honour their obligations to uphold human rights and protect human rights defenders. The UAE government must match its rhetoric on the international stage with meaningful actions at home, starting with immediately lifting the travel ban on Ahmed Mansoor, to returning and renewing his passport, and allowing him to travel to Geneva for the ceremony.”
On Friday 11 September the 2015 Front Line Defenders Award for Human Rights Defenders at Risk was presented to imprisoned Chinese Human Rights Defender Guo Feixiong in Dublin City Hall. Irish author and playwright Sebastian Barry presented the award to Guo’s wife, Zhang Qing, and daughter, Yang Tianjiao (Sara), at the award co-presented by the Al-Jazeera Media Network. Guo has been held in Guangzhou’s Tianhe Detention Center for over 750 days, where is currently awaiting sentencing. Sebastian Barry said:“For human rights defenders the struggle is not just to implement rules and regulations and theoretical international standards. It is is about the right to raise your voice without the fear of arbitrary violence, whether by the state or others. Guo Feixiong has defended farmers illegally evicted from their land, Falun Gong practitioners persecuted for their beliefs and journalists who dared to speak out. He is a symbol of the endurance of the human spirit, of the will to survive and of the human need for the free air of ideas, to make life worth living. He is a worthy recipient of the 2015 Front Line Defenders Award.”
Guo Feixiong (pen name of Yang Maodong) is a leading figure in the movement for human rights China – a struggle fraught with danger for human rights defenders seeking civil, political, economic and social rights; accountability; transparency; and an end to corruption. After more than two years in detention, Guo Feixiong’s lawyers now report that during their most recent meeting, his memory, speech, and mental awareness all showed signs of damage.Last week, a coalition of Chinese human rights activists writing at China Change called his detention “a deliberate effort to harm Guo Feixiong and kill him slowly.”Accepting the Award on behalf of her husband, Zhang Qing said:“Guo Feixiong is a faithful idealist. Although he has experienced a wide range of political persecution by the Chinese government including, being sentenced to four prison terms, being the target of a witch hunt, and enduring countless brutal and evil tortures from the Chinese government he still holds a peaceful and pure heart. He shows enduring strength and courage to pursue rights, equality and justice peacefully. We are proud of Guo Feixiong and all the other human rights defenders and lawyers working to the same end in China”.
Health and holidays (in that order) have slowed down my blog production somewhat this summer, but perhaps this was a welcome break for many of my readers for reasons of holiday and health (in that order I hope). Anyway, during these summer months I read quite some instances of HRD repression related to countries involved in major ‘geo-political’ progress and I started wondering whether this is coincidental. Take the following three cases: Colombia, Iran and Cuba. Read the rest of this entry »
It does not rank as the worst human rights violation in the world but the stabbing of the lawyer of the Maldives’ ex-president is a classic case of attacking the defenders. Wonder why not more lawyers organizations have come out in professional solidarity:
On Friday 4 September lawyer Mahfooz Saeed was stabbed in the islands’ capital, Male, ahead of a visit by his international legal team, including human rights lawyer Amal Clooney. He underwent emergency surgery and is now in a stable condition. “There were many people who saw the incident. The attackers were also caught on CCTV cameras,” Shauna Aminath, a spokeswoman for the MDP, of which Saeed is also a member, told AFP. The party believes the attack was politically motivated, she said.
Amnesty International condemned the assault and called on the Maldivian government to bring the perpetrators to justice.
“This vicious attack must not go unpunished — Maldives authorities must ensure that human rights defenders can work free from fear of reprisals and that those responsible are held to account,” the human rights group said in a statement.
Amal Clooney is due to travel to the Maldives this week to meet with Nasheed. She is part of the legal team along with Jared Genser — who has represented Myanmar’s Aung San Suu Kyi — and Ben Emmerson, a judge on international criminal tribunals for Rwanda and former Yugoslavia.
Hans Thoolen on Human Rights Defenders and their awards 
