Phil Lynch, Director of the International Service for Human Rights, wrote an insightful post on URG Insights that is a must. It describes with concrete examples how the current Human Rights Council – and especially its Bureau – is failing to uphold the acquired right of NGOs to speak freely in the UN and – when necessary – mention names of offending countries. It seems like a complete throwback to the early 80’s when in the then Commission on Human Rights NGOs were restricted in mentioning countries by name. This let to untenable and even comical situations where NGOs would describe in detail atrocities and then say that they were talking about a big country in the south of Latin America, only to be asked by the Chair to say which country they had in mind. When the obvious answer came: “Argentina”, the NGO was ruled out of order! That States now feel that the time is right to try again to muzzle NGO criticism became already clear last year with China’s elaborate efforts to silence the ‘one minute silence’ for Cao Shunli [https://thoolen.wordpress.com/2014/03/20/china-in-the-un-human-rights-council-manages-to-silence-cao-shunli-as-well-as-ngos/] and the worryingly broad support it got for its procedural wrangling. Thus it would be crucial that the whole NGO movement and the States that support them take a clear stand. In meantime Lynch’s “Human Rights Council President, Bureau and Member States must respect the role and rights of NGOs” is giving the right background and follows here in toto:
“The right, and indeed the responsibility, of non-governmental organisations (NGOs) to critique governments, expose and pursue accountability for human rights violations, and advocate for changes in law, policy and practice should be uncontroversial and uncontested. This is particularly the case at the UN Human Rights Council, the world’s apex body for human rights debate and dialogue, the mandate of which includes promoting and protecting the right to freedom of expression.
7 nominees for the European Parliament’s 2014 Sakharov Prize for freedom of thought, chosen by political groups and groups of MEPs, will be presented at a meeting of the Foreign Affairs and Development committees and the Human Rights Subcommittee on 23 September. The laureate will be decided by political group leaders and Parliament’s President on 16 October. The award ceremony takes place in Strasbourg on 26 November. The nominees in alphabetical order are [for more information on human rights awards: http://www.trueheroesfilms.org/thedigest/awards]
Mahmoud Al ‘Asali post mortem and Louis Raphael Sako, nominated by the ECR group, Anna Záborská and 66 other MEPs,
Mouad Belghouate, Ala Yaacoubi and Alaa Abdel Fattah, nominated by the GUE/NGL group,
CHREDO, Open Doors, Oeuvre dOrient and Aid to the Church in Need, nominated by Philippe Juvin and 60 other MEPs,
EuroMaidan, represented by Mustafa Nayem, Ruslana Lyzhychko, Yelyzaveta Schepetylnykova and Tetiana Chornovo, nominated by Jacek Saryusz-Wolski and 52 other MEPs,
Ayaan Hirsi Ali, nominated by the EFDD group,
Denis Mukwege, nominated by the S&D and ALDE groups and Barbara Lochbihler, and
Leyla Yunus, nominated by The Greens/EFA group and Alexander Graf Lambsdorff, Marietje Schaake and Ramon Tremosa.
Chris Kelly‘s film on Cambodia [https://thoolen.wordpress.com/2014/09/16/documentary-the-rights-of-others-shows-human-rights-defenders-in-cambodia-against-evictions/], was also shown at a side event: “Human Rights Defenders in Cambodia: A Call For Support” which took place in the Palais des Nations, Geneva today. In 2014, human rights defenders in Cambodia continue to be the target of intimidation, arbitrary arrests and spurious criminal charges, particularly when their activism relates to land and labour rights. This side event will present the perspective and outlook of human rights defenders with a view to explore ways for the international community to support the protection of human rights defenders in Cambodia. The screening of the documentary was followed by a panel – moderated by OMCT’s Anne-Laurence Lacroix – with:
Surya Prasad Subedi UN Special Rapporteur on the Situation of Human Rights in Cambodia
Am Sam Ath Cambodian League for the Promotion and Defense of Human Rights, LICADHO,
Several NGOs (i.a. Front Line and Asian Human Rights Commission) have expressed concern about the human rights defender Gustaf Kawerin Papua, Indonesia.
On 17 September 2014 a plain-clothed police officer visited the home of Mr Gustaf Kawer to deliver a summons in relation to his actions during a court hearing on 12 June 2014. This is the third summons he received since 19 August 2014. Allegedly, the human rights defender threatened and insulted a judge and was therefore subject to an investigation for “crimes against public authority”. As Gustaf Kawer was absent from his home, his wife refused to accept the summons, insisting that it should not be delivered to her.
[Gustaf Kawer received the first summons to appear before the police, to give a testimony, on 19 August 2014. However, according to an agreement between the Indonesian National Police and the Indonesian Bar Association (PERADI) on “Investigatory Procedures for Carrying Out The Profession As Advocate“, any summons issued to lawyers in relation to their work should be directed to PERADI. Since the summons on 19 August had been sent to Gustaf Kawer directly, he declined to appear. On 25 August 2014, a police investigator submitted a second summons to PERADI requesting that Gustaf Kawer appear before the Papua Regional Police headquarters for interrogation on 1 September 2014. The human rights lawyer had to leave his house for a while due to the risk of possible arrest. If prosecuted and found guilty, he could face up to 4 years in prison.]
This is not the first time that Gustaf Kawer has been targeted in connection to his work but after international campaign of solidarity and support, the authorities dropped the case against him (http://www.frontlinedefenders.org/node/27159).
A UN Human Rights Council mandated inquiry is currently investigating alleged violations of international humanitarian law, as well as gross and systematic human rights abuses, committed by the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam, which led to estimated 40,000 civilian deaths in 2009 alone. In a joint letter dated 25 August to the President of the UN Human Rights Council and to the Ambassador of Sri Lanka, a coalition of NGOs outline an alarming trend of intimidation, threats and reprisals in Sri Lanka against people engaging with UN human rights mechanisms, including the Commission of Inquiry.
This pattern has been brought many times to the attention of the UN Human Rights Council by civil society, human rights experts and States, and even by the UN Secretary-General and High Commissioner. ‘The Government of Sri Lanka has the primary responsibility for protecting people from threats, intimidation and reprisal, and must condemn all such acts immediately and unequivocally as well as take all necessary lawful steps to affirm and uphold the right of all persons to free communication with the UN, safe from hindrance or insecurity’ said ISHR Director Phil Lynch. See also on reprisals: https://thoolen.wordpress.com/tag/reprisals/
Still on 13 September 2014, human rights defenders Mr Namal Rajapakshe and Mr Manjula Pathiraja in Sri Lanka were threatened with death in connection to their work as defence lawyers, reported Front Line on 15 September. Namal Rajapakshe and Manjula Pathiraja are leading human rights lawyers who have frequently appeared (often pro bono) in public interest litigation representing victims of human rights violations across Sri Lanka.
[On 13 September 2014, two unidentified men wearing jackets and helmets covering their faces entered the office of Namal Rajapakshe and threatened that he and Manjula Pathiraja would be killed should they appear in any more “unnecessary cases”. This is not the first time that Namal Rajapakshe and Manjula Pathiraja have been targeted. On 4 August 2014, the human rights defenders were intimidated, along with another lawyer, while they were making representations on behalf of their clients. They were harassed by a group of thugs inside the Maradana Police station – in front of the local Inspector.]
just published two recent reports on kidnappings in DRC. The first is that on 13 September 2014, the corpse of human rights defender Mr Mutebwa Kaboko was found in a forest, eight days after he was kidnapped by an armed group. Mutebwa Kaboko was a training facilitator for the organisation Aide Rapide aux Victimes des Catastrophes – ARVC, created in 2008 to help disaster victims, especially women and vulnerable children. Now operating in the territories of Uvira and Fizi Walungu, the association has led a campaign against the phenomenon of forced marriage. He was abducted by men suspected of belonging to an armed group known as Mayi Mayi Yakutumba. [On 20 June 2014, Mutebwa Kaboko was abducted in a similar way by elements of Mayi Mayi Yakutumba. He had apparently denounced their presence in the locality of Katete. They had held Mutebwa Kaboko in the open forest for five days before releasing him.]
On 14 September two other human rights defenders, Ms Neema Bitu and Mr Jacques Muganga, were found back after being kidnapped and held for two days by members of a rebel group. The two defenders are investigators of l’Action des Femmes Contre la Torture – AFCT (Action for Women Against Torture), an organisation defending the rights of women based in the village of Mwaba Kangando/Kiliba, tens of kilometers from the town of Uvira near the border between Burundi and the DRC. The perpetrators are this time suspected of belonging to Forces Nationales de Libération du Burundi, a rebel group composed mostly of Burundian combatants and operating in parts of South Kivu in the DRC. On the night of 13 September 2014, the two defenders were able to escape from their captors while they were firing on the government army. Their colleagues found them at dawn on 14 September 2014 at approximately. During their captivity, they reportedly suffered terrible beatings and now require emergency medical treatment.
This follows the abduction and detention on 1 September 2014, of human rights defenders Mr Célestin Bambone, Ms Marie Amnazo and Ms Kongwa Tulinabo [from the Action Paysanne pour le Développement et la Promotion des Droits de l’Homme (Peasant Action for the Development and Promotion of Human Rights – APDPDH), a human rights organisation based in Mugutu, in the South Kivu province and specialising in the monitoring of human rights violations in Mugutu and surrounding villages].
On 22 September 2014 will be shown the film “The Rights of Others” by Chris Kelly [https://thoolen.wordpress.com/tag/chris-kelly/] on work done by human rights defenders in Cambodia, especially those who fight against forced evictions, a common feature of Cambodia’s ‘development model’ as demonstrated also by the work of the monk Luon Sovath who became the Laureate of the Martin Ennals Award 2012. Read the rest of this entry »
“Protecting civil society space and preventing reprisals: National and international developments and next steps” is side event that will be held on Friday, 19 September 2014 from 9.15 to 10.45 am in the Palais des Nations, Geneva, Room XXIV.
Opening remarks Olivier de Frouville, member of the UN Working Group on Enforced and Involuntary Disappearances and member-elect of the UN Human Rights Committee
Panelists:
Reine Alapini-Gansou, Special Rapporteur on Human Rights Defenders, African Commission on Human and Peoples Rights
Stephania Kulaeva, Director, Anti-Discrimination Centre Memorial, Russia
Patricia OBrien, Ambassador of Ireland to the UN
Eleanor Openshaw, Reprisals Advocacy Manager, International Service for Human Rights
Mothusi Bruce Rabasha Palai, Ambassador of Botswana to the UN TBC
Moderator: Michael Ineichen, Human Rights Council Advocacy Director, ISHR
The event will be webcast at www.ishr.ch/webcast. You can also follow the event on Twitter @ISHRGlobal, using the hashtag #ProtectCSS.
If you would like to attend but do not have UN accreditation, please email information[at]ishr.ch before 12 noon on 16 September.
On 11 September 2014 the Asian Human Rights Commission[AHRC] published a documentary telling the story of 30 yearsof commitment produced by Josefina Bergsten, which traces 30 years of work of the Asian Human Rights Commission and its sister organisation the Asian Legal Resource Centre (ALRC). Both the AHRC and the ALRC are based in Hong Kong, and work in Bangladesh, India, Nepal, Pakistan, Sri Lanka, Myanmar, Cambodia, Indonesia, Thailand, South Korea, Hong Kong, and China, in addition to its important role in regional institution building. As is to be expected in this kind of NGO film it contains quite a bit of ‘talking head’ (in particular the well-spoken Director Basil Fernando) but on the other hand the human rights movement has so little in visual memory and the richly illustrated stories told by Basil are so persuasive that it is a 50 minutes well spent for those who want to know more about the development of the human rights movement in Asia.
reports that on 9 September 2014, the Specialised Criminal Court reduced [SIC and sick] the sentence of human rights defender Mr Fadel Al-Manasef after it was reconsidered by the Specialised Criminal Court of Appeal. The human rights defender was originally sentenced (http://www.frontlinedefenders.org/node/25761) to 15 years’ imprisonment and a subsequent 15-year travel ban, as well as a fine of approximately €20,000). The Court reduced the sentence to 14 years’ imprisonment, to be followed by a 14 years travel ban, while maintaining the initial fine. Hard not to be cynical.
[Fadel Al-Manasef is a writer and blogger, and a founding member of Al Adalah Center for Human Rights, a Saudi Arabian NGO that documents and monitors human rights violations and provides support to victims of human rights abuses. He has been in detention since his arrest on 2 October 2011. – https://thoolen.wordpress.com/tag/fadel-al-manasef/]
.png)
Hans Thoolen on Human Rights Defenders and their awards 