Human rights defenders play a critical role in exposing and ensuring accountability for business-related human rights violations. Despite this, around the world, there is an increase in attacks, judicial harassment, restrictions, surveillance, intimidation and reprisals against defenders who work on land and environment issues associated with business activities. A side event on 3 December in Geneva (Palais des Nations Room XX from 13h00 to 15h00) will pay special attention to challenges engendered by the increasing criminalisation or repression of those peacefully denouncing adverse human rights impacts of corporate projects, discussing the role of both States and companies. Read the rest of this entry »
Archive for the 'organisations' Category
Side event on environmental rights defenders on 3 December in Geneva with live webcast
November 30, 2013The release of human rights defenders written up in a Lifestyle Magazine
November 29, 2013Just as an example of how human rights defenders and the work to support them can appear in a Lifestyle Magazine:
Across Canada human rights supporters have recently been celebrating the releases of a number of prisoners of conscience—people jailed solely for the peaceful expression of their beliefs.
In China, poet and journalist Shi Tao was released after more than eight years in prison. Supporters of the human rights organization Amnesty International (amnesty.ca) had long campaigned for his freedom by writing letters to the Chinese authorities and signing petitions calling for his release. Shi Tao was imprisoned in 2004 for sending an email using his Yahoo account. His email summarized a communiqué from the Chinese Central Propaganda Department telling journalists how they should handle the 15th anniversary of the crackdown on the 1989 pro-democracy movement. The Chinese authorities accused him of “illegally providing state secrets to foreign entities”. Shi Tao expressed his thanks to supporters: “The support and encouragement of friends from around the world have helped my mother and me through the difficult and lonely times.” Other prisoners of conscience recently released in China this year included human rights defender Ni Yulan, and Falun Gong practitioners Wang Xiuqing and her daughter Qin Hailong, released after 18 months in a “re-education through labour” camp.
In Iran, the sudden release of prisoner of conscience Nasrin Sotoudeh in September further showed how the passion and persistence of individual people around the world taking action by putting pen to paper can help human rights. Sotoudeh is widely respected for her work as a lawyer. She has represented children facing the death penalty, prisoners of conscience and human rights defenders, and has worked closely with Iranian Nobel Peace Prize laureate Shirin Ebadi. But in August 2010 Sotoudeh was locked up in Tehran’s notorious Evin prison though she had committed no crime. During her imprisonment, Nasrin was stopped from having regular visits with her husband, Reza Khandan, and two young children. Amnesty International declared her a prisoner of conscience and quickly launched a global appeal demanding her release. Supporters tirelessly wrote letters to the Iranian authorities requesting them to free the human rights lawyer. Their efforts helped win a great victory. Sotoudeh sent a thank you for the support she had received from people around the world. “I have been aware of all your efforts on my behalf and I want to thank you!”
Human rights supporters celebrate recent prisoner releases : The Canadian Lifestyle Magazine.
Special Issue on Human Rights Defenders of the OUP Journal of Human Rights Practice
November 28, 2013A special issue on the Protection of Human Rights Defenders has appeared in the Journal of Human Rights Practice. This special issue contains insightful articles from human rights defenders, scholars and organizations across the globe focused on promoting and protecting human rights defenders. The Oxford Journal wants to bridge the gap between human rights practitioners and academicians. Exceptionally, this entire special issue of the Journal of Human Rights Practice is available free of charge for the next 3 months at http://jhrp.oxfordjournals.org/content/5/3.toc. You find there also the full text of my Review Essay on awards. Table of content: Read the rest of this entry »
Pillay criticizes new anti-demonstration law in Egypt and …Mona Seif is arrested
November 27, 2013
(High Commissioner for Human Rights Navi Pillay. UN Photo/Sarah Fretwell)
The UN High Commissioner for Human Rights, Navi Pillay, had hardly pronounced herself on the new ‘demonstrations law’ in Egypt, issued on Sunday, and a number of high-profile demonstrators was arrested. Yesterday Mona Seif, the MEA Nominee of 2013, and a group of other human rights defenders were arrested when they were protesting in-front of the Shura Council against the suggested constitutional article that guarantees the continues referral of civilians to military trials. Observers believe that the authorities want to send a message in the context of the new law referred to above. Read the rest of this entry »
AI and Jody Williams on today’s elections in Honduras: Will Human Rights Defenders fare any better?
November 24, 2013
(Bertha Isabel Cáceres Flores, human rights defender from the Honduran NGO COPINH. © COPINH)
There’s hardly a moment when Honduran human rights defender Bertha Cáceres is not worrying about what may happen to her for defending the rights of her community, the Lenca Indigenous People. The risk is so high that she’s been forced into hiding. “They want to terrorize us,” she told Amnesty International. “I cannot live my life like before. I cannot go to the office, take part in our campaign, or leave the country to denounce our situation in international forums. I can’t even go swimming in the Río Blanco, which is very important to me because it is sacred to our people,” she said. Read the rest of this entry »
BURMA: continued prosecution of human rights defenders and peaceful demonstrators
November 23, 2013There was much optimism about developments in Myanmar/Burma after the release of Aung San Suu Kyi, and the government’s announcement of a process of democratization. But reports from the Asian Human Rights Commission, Front Line Defenders and other NGOs give ground for pessimism. In the words of the AHRC (on 24 September): “If the government of Myanmar is as serious as it says that it is about political reform, about the release of political prisoners, and about other measures to put its authoritarian legacy behind it, then it needs to begin by bringing to a halt the wanton prosecution of human rights defenders l…It needs to repeal [repressive] laws and above all, it needs to do much more to alter systematically the practices and mentalities of administrators, police officers and other officials accustomed to shutting down any public activity not directly under their control or given their approval. Democratic life is about people acting and talking according to ideas that government officials sometimes will not like. If on every occasion they see or hear something they do not like the authorities in Myanmar respond to it with prosecution, then democratic life in the country will remain a figment.” According to the protesters’ lawyer, Mr Robert San Aung, a total of 57 activists have now been imprisoned under the Peaceful Assembly Law. According to the Assistance Association for Political Prisoners and 130 activists have been brought to court under this legislation, 18 of whom remain in prison. Read the rest of this entry »
Human rights defenders in Russia should be proud to be ‘Foreign Agents’
November 22, 2013
This blog has on several occasions made mention of the dangerous developments in Russia where the ‘foreign agents’ law is being used to delegitimize human rights defenders. Front Line just came with an update showing that the legal aspect of this issue (is the law legally permissible under the Russian Constitution or the European Convention Human Rights?) is coming under scrutiny. On 18 November 2013, the Zamoskvoretsky District Court in Moscow heard the cases of 3 NGOs – Human Rights Centre ‘Memorial’, GOLOS, and the Public Verdict Foundation – which challenge the ‘Foreign Agents’ law. Following the presentation of their arguments, the court accepted their request to postpone the hearings until 4 February 2014. Significant, as it was taken in order to await for the rulings of the European Court on Human Rights (ECtHR) or the Russian Constitutional Court, whichever comes first:
- On 6 February 2013, eleven Russian NGOs lodged a complaint with the ECtHR alleging that the ‘Foreign Agents’ law violates four articles of the European Convention on Human Rights, namely Article 10 (Freedom of Expression), Article 11 (Freedom of Association and Assembly), Article 14 (Prohibition of Discrimination), and Article 18 (Limitations on Rights).
- On 13 August 2013, Kostroma Centre for Civic Initiatives Support lodged a complaint with the Russian Constitutional Court arguing that the ‘Foreign Agent’ law violates five articles of the Russian Constitution, namely Article 19 (Equality before the law), Article 29 (Freedom of ideas and speech), Article 30 (Right of Association), Article 32 (Right to participate in managing state affairs), and Article 51 (right not to give incriminating evidence against oneself).
- On 30 August 2013, the Russian Human Rights Ombudsman, Vladimir Lukin, also lodged a complaint with the Constitutional Court against certain provisions of the ‘Foreign Agents’ law. In particular, the Ombudsman argued that the definition of terms ‘foreign agent’ and ‘political activities’, as provided by the law, are politically and legally incorrect.
Still, one wonders whether the battle should not be fought also in the public domain as the ‘foreign agent campaign’ by the authorities is clearly not about financial control (there is enough of that already to satisfy any suspicious prosecutor) or political control (in which case registration as simple lobbyist would suffice) but about ‘framing’ the human rights defenders as traitors, unpatriotic people. The requirement to identify oneself as foreign agent on every paper or poster is a clear indication of what the Government wants to achieve. This kind of action by governments (not just Russia) is a deliberate (mis)information effort that should be fought in the same arena of public perception. Admittedly far from easy and costly but there are things that COULD be done, I think:
- bumper stickers and T-shirts with “I am a foreign agent” (in Russian of course, but supporters abroad could have it in English)
- well-known Russian celebrities could make statements such as: “IF …is a foreign agent ,in that case I am also one!”
- production of video clips that poke fun at the idea, etc
As a concrete example: on 21 November 2013, a year after the law came into effect, Amnesty International Norway, LLH (the Norwegian LGBT Organisation) and the Norwegian Helsinki Committee called themselves for one day foreign agents in solidarity with Russian organisations who struggle to keep their work going (see also in Norwegian: http://www.amnesty.no/agent). Of course, people on the ground know best what will work, but I think some form of ‘counter-defamation’ should be tried. It would benefit Russia and could de-motivate the authorities in other countries watching what happens in Russia.
Related articles
- Civil proceedings against ‘Memorial’ under Russia’s Foreign Agents Law continue (thoolen.wordpress.com)
- We are Foreign Agents! (invisibilityproject.wordpress.com)
Memorandum for the African Union-European Union Dialogue on Human Rights
November 20, 2013On 19 November Human Rights Watch published a lengthy Memorandum on priorities it wants the African Union & the European Union to address in their upcoming Dialogue on Human Rights. In view of its length I give only
the headings and a reference to the full document, except of course for the section specifically dealing with Human Rights Defenders.
New laws are being introduced in Kenya to restrict Human Rights Defenders
November 19, 2013The Information and Communications Amendment Bill of 2013 was passed in Kenya by parliament on October 31, 2013, but has not yet been signed by the president. Another problematic draft law, the Media Council Bill, is due to
be debated in parliament in the coming weeks. Moreover, on October 30 the attorney general also proposed controversial new provisions regulating the work of nongovernmental organizations (NGOs), including a proposed cap at 15 percent of foreign funding. “These new laws are an attempt to undermine freedoms of expression and association in Kenya,” said Daniel Bekele, Africa director of Human Rights Watch on 12 November. “Kenya’s leaders should act swiftly to prevent these bills from becoming law and focus on the country’s real challenges, like police reform and accountability.”
The new idea of restricting (foreign) funding follows similar efforts by an increasing number of other countries, signaling a dangerous trend:
On October 30, the office of the attorney published in the official gazette – the mandatory first step before a bill is introduced to parliament – the Miscellaneous Amendment Bill of 2013. This bill includes provisions that would grant broad discretionary powers to a new government body to regulate nonprofit organizations and would limit access to foreign funding for these groups. The amendment would empower a new government body, the Public Benefits Organizations Authority, to “impose terms and conditions for the grant of certificates of registration, permits of operation, and public benefit organization status.” The chairperson would be appointed by the president, increasing executive powers over nongovernmental groups. Critics of the law fear that the wide powers vested in the executive branch could be used to restrict nongovernmental organizations or even penalize organizations that fall out of favor with the Kenyan authorities.
The amendment would also introduce new limits on funding for nongovernmental organizations. It states that “a public benefit organization shall not receive more than 15 percent of its total funding from external donors,” unless otherwise approved by the minister for finance. Funding to nonprofits would be channeled through a new Public Benefits Organizations Federation rather than directly from donors – which could create new operational difficulties for nongovernmental organizations and delays in their projects.
“This new law requiring nongovernmental organizations to raise 85 percent of their funding locally may well have the effect of weakening independent voices,” Bekele said. “As we have seen elsewhere in the region, including in Ethiopia, these laws are an assault on basic freedoms and Kenya’s citizens and leadership should soundly reject them.”
Kenya: New Laws Would Undermine Basic Rights | Human Rights Watch.
Related articles
- India should end funding restraints on Human Rights Defenders, Says HRW (thoolen.wordpress.com)
The fight against impunity for international crimes in Africa: No ‘Free Pass’ for leaders say Human Rights Defenders
November 18, 2013Today, 18 November, a group of 14 Africa-based NGOs came out with a strong statement supporting the ICC which has its annual meeting coming up 20-28 November in the Hague: “African governments should reject special exemptions for sitting officials before the International Criminal Court (ICC)“, African organizations and international organizations with a presence in Africa said in a document released today. The ICC faces important challenges in Africa. In October the African Union said that the trials of Kenya’s president and vice president, Uhuru Kenyatta and William Ruto, should be suspended
Hans Thoolen on Human Rights Defenders and their awards 