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HRW reports on crackdown on Human Rights Lawyers in Belarus

May 27, 2024

https://www.hrw.org/report/2024/05/27/i-swear-fulfill-duties-defense-lawyer-honestly-and-faithfully/politically#691383337

On 27 May 2024 Human Rights Watch published a major report on the politically motivated crackdown on Human Rights Lawyers in Belarus.

Summary: In August 2020, peaceful protests in Belarus began with hundreds of thousands of people gathering in the streets of Minsk and across Belarus following the contested electoral victory of Aliaksandr Lukashenka, who had already served as president for more than 26 years. Belarusian authorities responded with unprecedented brutality, using excessive force, arbitrarily detaining thousands of peaceful protesters, and subjecting them to ill-treatment and torture in detention before conveyor-belt administrative and criminal trials.

Since then, Belarusian authorities have unrolled widespread and systematic repression of any form of dissent. Government critics have been forced into exile or thrown behind bars on politically motivated charges. The number of political prisoners swelled and at time of publication exceeded 1300, according to Human Rights Center “Viasna,” the prominent Belarusian human rights organization. The term “political prisoner,” for the purpose of this report, includes anyone detained, imprisoned or otherwise deprived of their liberty by Belarusian authorities for peacefully exercising their rights and freedoms or defending human rights and fundamental freedoms.

February 2023 and March 2024 reports of the Office of the UN High Commissioner for Human Rights found that some violations committed by Belarusian authorities in the run-up to the 2020 presidential election and in its aftermath “may amount to crimes against humanity” including the “crime of persecution.” [https://humanrightsdefenders.blog/2023/07/12/state-of-human-rights-in-belarus-called-catastrophic-at-the-un/]

In the face of these grave and widespread rights violations, some lawyers stepped up to represent clients in politically motivated cases. ..This report examines the Lukashenka government’s retribution against lawyers who represent government critics and its nearly complete takeover of the legal profession in Belarus. The authorities have subjected lawyers in politically motivated cases, as well as lawyers who criticize state abuses, to harassment, arbitrary revocation of their licenses, detention and administrative charges, and politically motivated criminal prosecution. Behind bars, lawyers along with other politically-targeted detainees and convicts, experience retaliatory ill-treatment. The authorities have left no space for earnest and efficient discharge of lawyers’ duties in politically motivated cases. At the time of writing, very few lawyers, if any, were willing to take on such cases, which has severely undermined the right to a fair trial, due process, and access to remedy in Belarus.

Belarus: Crackdown on Human Rights Lawyers

The report shows that while governmental crackdown on lawyers in times of political unrest in Belarus is not new, the scale and severity of this wave of repression is unprecedented. For the first time in the history of modern Belarus, lawyers have become political prisoners themselves for their work on behalf of clients.

At the time of writing, six lawyers—Maksim Znak, Aliaksandr Danilevich, Vital Brahinets, Anastasiya Lazarenka, Yuliya Yurhilevich, and Aliaksei Barodka—were serving sentences on politically motivated charges ranging from six to ten years. Such charges included providing legal aid to political opposition figures and activists or giving interviews to and sharing information with independent media labelled “extremist” by the authorities. [see https://humanrightsdefenders.blog/2021/09/10/two-lawyers-from-belarus-share-lawyers-for-lawyers-award-2021/]

In addition to politically motivated prosecution, lawyers also have faced politically motivated disbarment. Since 2020, more than 140 lawyers have been disbarred by the regional bar associations or faced arbitrary license revocation by the Justice Ministry following decisions of its Qualification Commission because they supposedly breeched some regulations or were not sufficiently qualified to work as lawyers. These grounds are often easily exposed as flimsy pretexts: on average, those “unqualified” lawyers had more than 13.5 years of experience; many had successfully worked in the legal field for two to three decades, or more, and some of them were previously recognized by bar associations for their excellence…

The report also examines how the Belarusian government has established all-encompassing control over the legal profession in the country by controlling the admission of lawyers into the profession, regulating the way they discharge their duties, and exercising other broad controlling functions including but not limited to revoking lawyers’ licenses and essentially stripping lawyers’ self-governing bodies of independence.

Crackdown on Human Rights Lawyers in Belarus: Maryia Kolesava Hudzilina

In November 2021, a set of amendments into the Law on the Bar and Practice of Law in the Republic of Belarus (Law on the Bar) entered into force, which banned lawyers from working individually or opening law firms, requiring them to join legal consultation offices created and supervised by regional bar associations in coordination with the Justice Ministry. The amendments also significantly expanded the Justice Ministry’s control over the self-governing bodies of the bar and eased the conditions for obtaining a lawyer’s status for ex workers of law enforcement and judiciary….  

The Belarusian Republican Bar Association (BRBA) and regional bar associations generally have failed to represent and protect the rights of their members and withheld support from lawyers facing obstacles in discharging their duties, which in recent years have come to include harassment, arbitrary detention, and criminal prosecution. Moreover, bar association executive bodies have become vehicles for the agenda of state officials, triggering sanctions against and disbarring lawyers deemed undesirable by the authorities. In light of the control exercised by the state over the formation of the Belarusian bar’s executive bodies and their work, these associations cannot be considered genuinely independent self-governing bodies representing the interests of all lawyers in Belarus.

Some lawyers described the current state of the Belarusian justice system and bar as a “total collapse of the legal system” and many felt “disarmed” in the face of systematic and widespread violations of due process, fair trial, and rule of law. Yet, lawyers noted, that it is their duty to discharge their functions to the highest professional standard, notwithstanding the political motivation of their clients’ cases and the unprecedented pressure from the state:

Crackdown on Human Rights Lawyers in Belarus: Uladzimir Pylchanka

Recommendations

To the Belarusian Government

  • Immediately end the systematic detention and prosecution of anyone who peacefully exercises their rights and freedoms, release all political prisoners, provide effective remedies for victims and survivors of human rights abuses, and carry out prompt and impartial investigations into all alleged human rights violations;
  • Immediately end the ill-treatment of prisoners and ensure the protection of their rights and freedoms in confinement, including by ending the pervasive practice of incommunicado detention; grant lawyers and families unhindered access to detainees, and ensure all prisoners receive adequate medical assistance;
  • End all harassment of, attacks on, and interference with lawyers, particularly those representing clients in politically motivated cases and exercising their freedom of expression in line with international standards;
  • Ensure all courts adhere to fair trial standards. Allow lawyers to effectively perform their professional functions in accordance with the guarantees provided for in article 14 of the International Covenant on Civil and Political Rights (ICCPR) and the UN Basic Principles on the Role of Lawyers, including by instructing law enforcement and state agencies on the protected role and function of lawyers;
  • Repeal and amend national legislation to bring domestic law in compliance with international standards to ensure the independence and self-governance of the legal profession in Belarus; 
  • Restore the licenses of all lawyers who have been disbarred or lost their licenses as a result of discharging their professional duties in accordance with international standards or for exercising their freedom of expression (including those lawyers who lost their license over arbitrary and state-controlled procedures at the Justice Ministry’s Qualification Commission);
  • Guarantee the independence of disciplinary proceedings against lawyers, which should be carried out by lawyers’ self-governing bodies in a fair and objective manner;
  • Curtail the Justice Ministry’s authority to interfere with independence of the legal profession, including the ministry’s authority to issue regulations on the work of lawyers, admit them into the profession, revoke licenses, carry out certification procedures, initiate disciplinary proceedings, and shape the selection of executive bodies of bar associations; 
  • Void existing policies undermining the independence of legal profession and ensure separation of the bar from the state, including by abolishing the pervasive practice of forcing lawyers to express support for the government’s agenda and interests;
  • Respect the right to legal assistance, including by removing arbitrary obstacles to lawyers’ access to clients, safeguarding lawyer-client privilege, stopping the practice of making lawyers sign arbitrary and overly broad non-disclosure obligations, and ensuring fair and public trials and full equality of arms in courts of law;
  • Promptly comply with repeated requests by the UN special rapporteur on the human rights situation in Belarus to conduct a country visit.

To the Belarusian Republican Bar Association and Regional Bar Associations

  • Immediately end retaliation against members for carrying out professional duties or legitimately exercising their freedom of expression, and ensure lawyers targeted on such grounds have access to an effective remedy;
  • Repeal internal regulations that undermine the unhindered provision of legal assistance;
  • Advocate resolutely with the Belarusian government in support of the above recommendations and for Belarus’s adherence to international standards on the role of lawyers and the right to a fair trial;
  • Take measures to actively protect the interests of lawyers, defend the right of all accused to an effective defense regardless of the charges, and emphasize that lawyers cannot be identified with or punished for the alleged crimes of their clients;
  • Push back consistently and in principled fashion against the ongoing severe erosion of the bar’s professional autonomy and integrity, and the state’s overarching control of the bar;
  • Encourage regional bar associations to draw up rosters of lawyers to visit prisons to provide free legal advice and assistance to prisoners.
     

To United Nations Member States, Council of Europe, Organization for Security and Co-operation in Europe, and the European Union

  • Refrain from any cooperation with the Belarusian Republican Bar Association and regional bar associations until they become independent self-governing bodies representing the interests of Belarusian lawyers;
  • Call on the government of Belarus and the Belarusian bar to respect the rights of lawyers and to end arbitrary arrests, harassment, retaliation, and attacks against them;
  • Develop and fund programs to support lawyers who have faced retaliation for their professional activities or exercise of freedom of expression and examine ways of integrating Belarusian lawyers in exile into the legal profession in host countries;
  • Recognize Belarusian lawyers who have faced retaliation for their professional activities in defending clients in politically motivated cases as human rights defenders and afford them the requisite protection, including assistance with access to visas, funding and protection in exile and protection from transnational repression;
  • Consider imposing coordinated, targeted sanctions against the Justice Ministry officials and leaders of the Belarusian bar responsible for the systematic and widespread abuses against lawyers working on politically motivated cases and exercising their freedom of expression;
  • Recognize the Belarusian Association of Human Rights Lawyers as a key independent organization of Belarusian lawyers, and support its efforts to promote and protect the human rights of lawyers deprived of their right to exercise their profession in retaliation for discharging their duties and exercising their freedom of expression, and to improve the provision of legal aid in Belarus;
  • Express solidarity with and provide support to Belarusian human rights defenders working to deter politically motivated repression and document cases of grave rights violations for future accountability;
  • Support independent information sources providing independent coverage of events in Belarus and promoting universal human rights principles. 
     

To Bar Associations and Lawyers’ Associations in Europe, Canada, and the US

  • Advocate for the above recommendations, in particular , for Belarusian authorities, and bar, to uphold international human rights standards, ending politically motivated persecution, ensuring independence and guarantees for legal profession.
  • Privately and publicly express concern at the interference of the government in the work of lawyers in Belarus;
  • Support Belarusian lawyers who have experienced or face retaliation for their legitimate professional activities, including by monitoring politically motivated cases against lawyers and, when relevant, providing third party interventions to courts and international agencies;
  • Refrain from any cooperation with the Belarusian Republican Bar Association and regional bar associations until they become independent self-governing bodies representing the interests of Belarusian lawyers.

Human Right Watch wrote to the Belarusian Justice Ministry and the Belarusian Republican Bar Association in April 2024 seeking their response to a summary of the report findings. At the time of writing no response had been received.


https://www.hrw.org/report/2024/05/27/i-swear-fulfill-duties-defense-lawyer-honestly-and-faithfully/politically

Front Line Defenders launches Global Analysis 2023/24 on human rights defenders

May 22, 2024

On 22 May 2024 Front Line Defenders launched its Global Analysis 2023/24 on the situation of human rights defenders (HRDs) at risk around the world, an in-depth annual publication detailing the variety of risks, threats and attacks faced by HRDs around the world.

The Global Analysis gives a panorama of the threats faced by HRDs in all regions of the world. Despite an assault on human rights and the rule of law in many countries, human rights defenders (HRDs) showed remarkable courage and persistence in advocating for more democratic, just and inclusive societies in 2023. [see also: https://humanrightsdefenders.blog/2023/04/04/front-line-defenders-just-published-its-global-analysis-2022-new-record-of-over-400-killings-in-one-year/]

At least 300 HRDs killed in 28 countries

The report also reveals statistics gathered and verified by the HRD Memorial initiative – which Front Line Defenders coordinates – documenting the killings of at least 300 HRDs in 28 countries in 2023. Almost a third of those killed (31%) were Indigenous people’s rights defenders. This brings the total documented killings of HRDs in the last decade to nearly 3,000.

This appalling wave of attacks on human rights defenders is a direct result of an international human rights framework left in tatters and governments’ double standards when it comes to respecting human rights,” said Alan Glasgow, Executive Director of Front Line Defenders. “A quarter decade after the UN adopted a Declaration on human rights defenders, not enough progress has been made to ensure defenders are valued and protected. In this time, thousands of defenders have paid with their lives and many more face ongoing attacks and intimidation for their peaceful work. Urgent action is needed to change this.

Wide-ranging risks to HRDs

Globally, the violation most commonly cited by HRDs was arbitrary arrest/detention (15%), followed by legal action (13%), continuing an ongoing trend of criminalisation as the most-reported risk. This was followed by death threats (10.2%), surveillance (9.8%) and physical attacks (8.5%). Trans and non gender-conforming HRDs reported slightly higher rates of physical attacks, and a much greater risk of smear campaigns. Globally, the five most targeted areas of human rights defence were: LGBTIQ+ rights (10.2%); Women’s rights (9.7%); Human rights movements (8.5%); Indigenous peoples’ rights (7.1%); and Human rights documentation (5.2%).

The statistics in the Global Analysis are derived from Front Line Defenders’ casework and approved grant applications between 1 January and 31 December 2023. The statistics are based on 1,538 reported violations in 105 countries. Front Line Defenders documents multiple violations per case or grant, as this is the reality of the situation for human rights defenders. For more details on how these and the HRD Memorial data are gathered, please refer to the Methodology section at the end of the report.

Download the full Global Analysis 2023/24

https://www.frontlinedefenders.org/en/resource-publication/global-analysis-202324

Three human rights defenders on why they refuse to be silent in older age

May 21, 2024

This week (20 May 2024), as the United Nations moves towards an international convention on the rights of older persons, Amnesty International is launching a new campaign: Age Loud! We demand a world where human rights last a lifetime, and where older voices are no longer ignored. [https://www.amnesty.org/en/latest/campaigns/2024/05/three-activists-on-why-they-refuse-to-be-silent-in-older-age/]

AI asked three older activists to reflect on their experiences, the changes they are campaigning for, and how being an older person gives them unique perspective and motivation.

Cecile de Ryckel, 78, Belgium

Cecile is a lifelong activist working on anti-racism and climate change.

Why did you become an activist?

After a homelessness crisis amongst migrants in Belgium in 2015, my husband and I hosted two people from Ethiopia who the authorities had left to sleep in a city park. They told us that in Ethiopia they were small-scale farmers and grew food for their families. However, it was raining less frequently, and growing food was becoming more difficult. That was when I realized that climate change was one of the most important issues in the world today, and that it would have far-reaching consequences. Soon after that I participated in a citizens assembly discussing how best to address climate change and reduce carbon emissions. We learned how to mobilize people and change behaviours. I joined an advocacy collective, Grandparents for the Climate, and started working actively on the issue.

We have a responsibility to future generations to address this challenge today. It already has wide-ranging impacts on people of all ages. I remember when I was a child that we would joke that an older person was someone who “wouldn’t make it through the winter”, but today due to rising temperatures we sadly have to ask whether some older people can “make it through the summer”.

I recently saw how a group of older women won a landmark court case that the Swiss government’s weak climate change policy had violated their rights. This will help advance the cause greatly, for people of all ages.

Amina Musa, 72, Nigeria

Amina is an activist on behalf of victims of the armed conflict in north-east Nigeria and their families, including those who have been unlawfully killed or detained.

Why did you become an activist?

I became an activist nine years ago when Boko Haram forced us to leave our homes, and we found ourselves living in camps controlled by the Nigerian government. The military made baseless accusations that our sons were associated with Boko Haram. Our sons were blindfolded and arrested and held in dehumanizing conditions. I had no choice but to start campaigning for their release. As mothers, we came together and started a movement to seek justice. We are demanding that all those detained unlawfully be released immediately and that the government investigate the gross violations we have experienced. Some of our sons have been in detention for more than 10 years. We have had enough, we want justice.

I tell other older people that they should continue with their activism and bear with the challenges, and that our activism can also inspire younger people. I know it is not easy, but these causes are important. Age should not and will not deter us from making our society free from injustice.

Juan Jacobo Hernández, 82, Mexico

Juan is an activist on social issues and LGBTQ+ liberation.

Why did you become an activist?

In the 1960s, I was part of Mexican student movements. Then Stonewall happened: I had a boyfriend at the time who lived in New York, and he told me that I had to come and see it for myself. I witnessed the first LGBTQ+ rebellion: the first time gay men, trans people, lesbians were standing up and confronting the police. Coming back to Mexico, we started the Frente de Liberación Homosexual (Gay Liberation Front). I had learned a lot about how to make protests visible and how to make our voices heard. Finally, there was a space where we could be active, where we could do something. When I started my activism, we didn’t use the term “human rights” – but that’s what it has always been about. We held large demonstrations against political repression, for the abolition of the death penalty, and to fight restrictions on social protest. Persecution by the government was very real and close to us at the time – gay men and trans women were persecuted, raided by the police, extorted and beaten up.

Whenever we were out in the street, we felt that something bad could happen. We were struggling for our lives, for our security, for our right to be in the street without being beaten up, robbed or killed.

My whole life, I have never stopped being an activist. The AIDS epidemic collapsed the first phase of gay liberation. So many activists died and [as I grew older], I recognised the need to transmit my experience, knowledge and values [to the younger generation]. Since 1981 I’ve been part of Collective Sol, where we work to build and strengthen the capacity of small, grassroots organizations that are working on the most pressing LGBTQ+ issues they see today.

My life as an activist means I can look back and say I have witnessed three great moments in LGBTQ+ liberation. The first was when we formed political organizations, coming out of the shadows and breaking the silence. The second was the HIV/AIDS epidemic, the way it created a connection between LGBTQ+ liberation and people living with HIV, irrespective of whether they were LGBTQ+. This connection was powerful and drove the movement forward.

Join the campaign #EndReprisals: 4 examples of eminent HRDs being silenced

May 16, 2024

Human rights defenders and civil society are the voices of our communities. These voices must be at the heart of decision and policy making at all levels. Yet, some States and non-states actors feel those voices are too loud. Cao Shunli, Chinese human rights defender, victim of reprisals who died in detention 10 years ago. Around the world, inspiring voices echo Cao’s ambition, on different issues and in different contexts, but with the same aspiration: promoting and protecting human rights. In so doing, many have engaged with the United Nations to share evidence of abuses with experts and States. Regrettably, some are facing the same form of reprisals as Cao, and are now arbitrarily detained. 

These include Trang in Viet Nam, Irfan and Khurram in India and Abdulhadi in Bahrain.

It’s time to take a stand. Join us in our campaign to #EndReprisals and call for the release of Trang, Abdulhadi, Khurram and Irfan. Let’s ensure that no one else faces Cao’s fate. Their voices deserve to be heard, and their freedom and lives must be protected.

Abdulhadi Al-Khawaja

Abdulhadi Al-Khawaja is a Bahraini-Danish advocate known for his unwavering commitment to freedom and democracy. An outspoken human rights defender he serves as a source of inspiration for activists in Bahrain and globally. Abdulhadi has protested Bahrain’s unlawful detention and torture of several civilians since he was a student. He received political asylum in Denmark with his family where he continued his advocacy work, documenting human rights violations in Bahrain. 

He became the first civil society representative to speak at the first Universal Periodic Review of Bahrain in 2008.  He is the co-founder of both the Gulf Centre for Human Rights and the Bahrain Center for Human Rights, as well as the laureate of the 2022 Martin Ennals Award. [https://www.trueheroesfilms.org/thedigest/laureates/4d45e316-c636-4d02-852d-7bfc2b08b78d]

Abdulhadi Al-Khawaja was included for five times in the Secretary-General report on reprisals, noting “allegations of arbitrary arrest, torture and lengthy sentence following his engagement with United Nations human rights mechanisms.” In 2012, the Working Group on Arbitrary Detention found the detention of Abdulhadi arbitrary.

See also: https://humanrightsdefenders.blog/tag/abdulhadi-alkhawaja/

Pham Doan Trang

Pham Doan Trang is an author, blogger, journalist and pro-democracy activist from Viet Nam. She is a well-known advocate for human rights and has written on a wide range of human rights topics, including LGBTQI+ rights, women’s rights, environmental issues and on the suppression of activists.

She is considered among the most influential and respected human rights defenders in Viet Nam today. She has always been a major source of inspiration and mentorship for Vietnamese civil society and the next generation of human rights defenders.

Trang received the Reporters Without Borders 2019 Press Freedom Prize for Impact and was the Laureate of a Martin Ennals Award in 2022. As well as the Homo Homini in 2017 and the Women of Courage 2022. See: https://www.trueheroesfilms.org/thedigest/laureates/fe8bf320-1d78-11e8-aacf-35c4dd34b7ba

Trang was prosecuted for her articles and reports on the human rights situation in Viet Nam, including an analysis of a 2016 report on the Formosa Ha Tinh Steel Plant environmental disaster that was shared with the United Nations. See also: https://humanrightsdefenders.blog/tag/pham-doan-trang/

Trang was the subject of several communications by special procedures mandate holders and an Opinion by the Working Group on Arbitrary Detention in 2021, which found her deprivation of liberty arbitrary. On 2 November 2022, experts addressed Trang’s detention, including restriction of her right to family visits and her deteriorating health status. 

Irfan Mehraj and Khurram Parvez

Khurram Parvez and Irfan Mehraj are two Kashmiri human rights defenders. They have conducted ground-breaking and extensive human rights documentation in the Indian-administered Jammu and Kashmir, including through their work within the Jammu Kashmir Coalition of Civil Society (JKCCS) – Khurram as founder and programme coordinator, and Irfan as a researcher.

Both activists have been internationally recognised for their work. Khurram is the Chairperson of the Asian Federation against Involuntary Disappearances (AFAD), Deputy General Secretary of the International Federation for Human Rights (FIDH) and a laureate of the 2023 Martin Ennals Award. [see: https://www.trueheroesfilms.org/thedigest/laureates/81468931-79AA-24FF-58F7-10351638AFE3]

Irfan is a well-regarded independent journalist with frequent contributions to Kashmiri, Indian and international news outlets. He is the founder of Wande Magazine and is an editor at TwoCircles.net. See also: https://humanrightsdefenders.blog/2023/09/05/un-special-rapporteurs-express-serious-concern-about-kashmiri-human-rights-defenders/

On 22 November 2021, Khurram was arrested again by the Indian Government, this time by India’s National Investigation Agency (NIA) under the Unlawful Activities (Prevention) Act (UAPA) and other laws, reportedly on allegations of “terrorism funding, being a member of a terrorist organisation, criminal conspiracy, and waging war against the state.” He remains in arbitrary detention to this day. 

Meanwhile, on 20 March 2023, Irfan was summoned for questioning and arbitrarily detained by the NIA in Srinagar also under provisions of the UAPA and other laws.  The NIA targeted Irfan for being ‘a close associate of Khurram Parvez.’ Both Khurram and Irfan are presently in pre-trial detention in the maximum-security Rohini prison in New Delhi, India. If convicted, Khurram and Irfan could face life imprisonment or even the death penalty.  

Khurram’s situation has been included in the Secretary-General’s report on reprisals since 2017 and Irfan’s case was included in the 2023 report.

In June 2023, United Nations experts expressed serious concerns regarding the charges against and arrest of Irfan and Khurram, stating that their continued detention is ‘designed to delegitimise their human rights work and obstruct monitoring of the human rights situation in Indian-administered Jammu and Kashmir.’ The United Nation Working Group on Arbitrary Detention (WGAD) published an opinion in the same year, finding Khurram’s detention arbitrary. 

What do we want? It’s simple. We want Irfan, Khurram, Trang and Abduhadi to be freed so they can continue their work without fear of further reprisals, and we want accountability for Cao. 

How do we achieve this?

We mobilise diplomatic missions, encouraging them to speak out and raise individual cases of reprisals against defenders at the UN and in other spaces and hold their peers to account. We convince the UN Secretary General and his team to acknowledge and document ALL cases of reprisal and intimidation by including them in his annual report on reprisals and intimidation against defenders engaging or seeking to engage with the UN and its human rights mechanisms. We push the UN system to establish clearer protocols on how to consistently and effectively prevent, respond and follow up on cases of reprisals.  We encourage governments, activists, and concerned individuals to stand in solidarity with human rights defenders and organisations who are subjected to reprisals and intimidations.

What can you do?

To achieve our goals, we are drawing attention to some of the most emblematic cases of reprisals that illustrate how human rights defenders are prevented from or punished for engaging with the UN.   Here are impactful actions you can take:

Write to State representatives at the UN in Geneva and New York

ISHR’s #EndReprisals database

In order to assist stakeholders with research, analysis and action on cases of reprisals and intimidation, ISHR launched an online database compiling cases or situations of intimidation and reprisals documented by the United Nations (UN) Secretary-General between 2010 and 2020.

  • 878 Cases of intimidation and reprisals against human rights defenders engaging with the UN reported by the UN Secretary General between 2010 and 2020.
  • 81 Countries were cases of reprisals were documented by the UN Secretary-General between 2010 and 2020.
  • 13 Reports published by the UN Secretary General on intimidation and reprisals.

Visit ISHR’s #EndReprisal database

https://ishr.ch/campaign/endreprisals2024

Two young human rights defenders, Raphael Mimoun and Nikole Yanez, on tech for human rights

May 16, 2024

Mozilla is highlighting each year the work of 25 digital leaders using technology to amplify voices, effect change, and build new technologies globally through its Rise 25 Awards. On 13 May 2024 was the turn of Raphael Mimoun, a builder dedicated to making tools that empower journalists and human rights defenders. Aron Yohannes talked with Raphael about the launch of his app, Tella, combatting misinformation online, the future of social media platforms and more.

Raphael Mimoun: So I never worked in tech per se and only developed a passion for technology as I was working in human rights. It was really a time when, basically, the power of technology to support movements and to head movements around the world was kind of getting fully understood. You had the Arab Spring, you had Occupy Wall Street, you had all of these movements for social justice, for democracy, for human rights, that were very much kind of spread through technology, right? Technology played a very, very important role. But just after that, it was kind of like a hangover where we all realized, “OK, it’s not just all good and fine.” You also have the flip side, which is government spying on the citizens, identifying citizens through social media, through hacking, and so on and so forth — harassing them, repressing them online, but translating into offline violence, repression, and so on. And so I think that was the moment where I was like, “OK, there is something that needs to be done around technology,” specifically for those people who are on the front lines because if we just treat it as a tool — one of those neutral tools — we end up getting very vulnerable to violence, and it can be from the state, it can also be from online mobs, armed groups, all sort of things.

There’s so much misinformation out there now that it’s so much harder to tell the difference between what’s real and fake news. Twitter was such a reliable tool of information before, but that’s changed. Do you think that any of these other platforms can be able to help make up for so much of the misinformation that is out there?

I think we all feel the weight of that loss of losing Twitter. Twitter was always a large corporation, partially owned by a billionaire. It was never kind of a community tool, but there was still an ethos, right? Like a philosophy, or the values of the platform were still very much like community-oriented, right? It was that place for activists and human rights defenders and journalists and communities in general to voice their opinions. So I think that loss was very hard on all of us.

I see a lot of misinformation on Instagram as well. There is very little moderation there. It’s also all visual, so if you want traction, you’re going to try to put something that is very spectacular that is very eye catchy, and so I think that leads to even more misinformation.

I am pretty optimistic about some of the alternatives that have popped up since Twitter’s downfall. Mastodon actually blew up after Twitter, but it’s much older — I think it’s 10 years old by now. And there’s Bluesky. So I think those two are building up, and they offer spaces that are much more decentralized with much more autonomy and agency to users. You are more likely to be able to customize your feeds. You are more likely to have tools for your own safety online, right? All of those different things that I feel like you could never get on Threads, on Instagram or on Twitter, or anything like that. I’m hoping it’s actually going to be able to recreate the community that is very much what Twitter was. It’s never going to be exactly the same thing, but I’m hoping we will get there. And I think the fact that it is decentralized, open source and with very much a philosophy of agency and autonomy is going to lead us to a place where these social networks can’t actually be taken over by a power hungry billionaire.

What do you think is the biggest challenge that we face in the world this year on and offline, and then how do you think we can combat it?

I don’t know if that’s the biggest challenge, but one of the really big challenges that we’re seeing is how the digital is meeting real life and how people who are active online or on the phone on the computer are getting repressed for that work in real life. So we developed an app called Tella, which encrypts and hides files on your phone, right? So you take a photo or a video of a demonstration or police violence, or whatever it is, and then if the police tries to catch you and grab your phone to delete it, they won’t be able to find it, or at least it will be much more difficult to find it. Or it would be uploaded already. And things like that, I think is one of the big things that we’re seeing again. I don’t know if that the biggest challenge online at the moment, but one of the big things we’re seeing is just that it’s becoming completely normalized to grab someone’s phone or check someone’s computer at the airport, or at the border, in the street and go through it without any form of accountability. People have no idea what the regulations are, what the rules are, what’s allowed, what’s not allowed. And when they abuse those powers, is there any recourse? Most places in the world, at least, where we are working, there is definitely no recourse. And so I think that connection between thinking you’re just taking a photo for social media but actually the repercussion is so real because you’re going to have someone take your phone, and maybe they’re going to delete the photo, or maybe they’re going to detain you. Or maybe they’re going to beat you up — like all of those different things. I think this is one of the big challenges that we’re seeing at the moment, and something that isn’t traditionally thought of as an internet issue or an online digital rights issue because it’s someone taking a physical device and looking through it. It often gets overlooked, and then we don’t have much kind of advocacy around it, or anything like that.

What do you think is one action everybody can take to make the world and our lives online a little bit better?

I think social media has a lot of negative consequences for everyone’s mental health and many other things, but for people who are active and who want to be active, consider social networks that are open source, privacy-friendly and decentralized. Bluesky, the Fediverse —including Mastodon — are examples because I think it’s our responsibility to kind of build up a community there, so we can move away from those social media platforms that are owned by either billionaires or massive corporations, who only want to extract value from us and who spy on us and who censor us. And I feel like if everyone committed to being active on those social media platforms — one way of doing that is just having an account, and whatever you post on one, you just post on the other — I feel like that’s one thing that can make a big difference in the long run.

We started Rise25 to celebrate Mozilla’s 25th anniversary. What do you hope that people are celebrating in the next 25 years?

I was talking a little bit earlier about how we are building a culture that is more privacy-centric, like people are becoming aware, becoming wary about all these things happening to the data, the identity, and so on. And I do think we are at a turning point in terms of the technology that’s available to us, the practices and what we need as users to maintain our privacy and our security.  I feel like in honestly not even 25, I think in 10 years, if things go well — which it’s hard to know in this field — and if we keep on building what we already are building, I can see how we will have an internet that is a lot more privacy-centric where communications are by default are private. Where end-to-end encryption is ubiquitous in our communication, in our emailing. Where social media isn’t extractive and people have actual ownership and agency in the social network networks they use. Where data mining is no longer a thing. I feel like overall, I can see how the infrastructure is now getting built, and that in 10,15 or 25 years, we will be in a place where we can use the internet without having to constantly watch over our shoulder to see if someone is spying on us or seeing who has access and all of those things.

Lastly, what gives you hope about the future of our world?

That people are not getting complacent and that it is always people who are standing up to fight back. We’re seeing it at. We saw it at Google with people standing up as part of No Tech for Apartheid coalition and people losing the jobs. We’re seeing it on university campuses around the country. We’re seeing it on the streets. People fight back. That’s where any change has ever come from: the bottom up. I think now, more than ever, people are willing to put something on the line to make sure that they defend their rights. So I think that really gives me hope.

—————

The second story comes from Amnesty International, 14 May 2024 [https://www.amnesty.org/en/latest/campaigns/2024/05/i-come-from-the-world-of-technology-where-there-are-very-few-women/]

Nikole Yanez is a computer scientist by training, and a human rights defender from Honduras. She is passionate about feminism, the impact of the internet and protecting activists. She was first drawn to human rights through her work as a reporter with a local community radio station. After surviving the coup d’état in Honduras in 2009, Nikole broadened her approach to focus her activism on technology. When she applied for the Digital Forensics Fellowship with the Amnesty Tech Security Lab in 2022, she was looking to learn more about cybersecurity and apply what she learnt with the organizations and collectives she works with regularly.  

She highlighted her commitment to fostering a network of tech-savvy communities across Latin America in an interview with Elina Castillo, Amnesty Tech’s Advocacy and Policy Advisor:

I grew up in Honduras, where I lived through the coup d’état, which took place in 2009. It was a difficult time where rights were non-existent, and people were constantly afraid. I thought it was something you only read about in history books, but it was happening in front of my eyes. I felt myself just trying to survive, but as time went by it made me stronger and want to fight for justice. Despite the difficulties, people in my community remained hopeful and we created a community radio station, which broadcast stories about everyday people and their lives with the aim of informing people about their human rights. I was a reporter, developing stories about individual people and their fight for their rights. From there, I found a passion for working with technology and it inspired me to train to become a computer scientist.

I am always looking for ways to connect technology with activism, and specifically to support women and Indigenous people in their struggles. As much as technology presents risks for human rights defenders, it also offers opportunities for us to better protect ourselves and strengthen our movements. Technology can bring more visibility to our movements, and it can empower our work by allowing us to connect with other people and learn new strategies.

Is there one moment where you realized how to connect what you’ve been doing with feminism with technology?

In my work, my perspective as a feminist helps me centre the experiences and needs of marginalised people for trainings and outreach. It is important for me to publicly identify as an Afrofeminist in a society where there is impunity for gendered and racist violence that occurs every day. In Honduras we need to put our energy into supporting these communities whose rights are most violated, and whose stories are invisible.

For example, in 2006, I was working with a Union to install the Ubuntu operating system (an open-source operating system) on their computers. We realized that the unionists didn’t know how to use a computer, so we created a space for digital literacy and learning about how to use a computer at the same time. This became not just a teaching exercise, but an exercise for me to figure out how to connect these tools to what people are interested in. Something clicked for me in this moment, and this experience helped solidify my approach to working on technology and human rights.

There are not many women working in technology and human rights. I don’t want to be one of the only women, so my goal is to see more women colleagues working on technical issues. I want to make it possible for women to work in this field. I also want to motivate more women to create change within the intersection of technology and human rights. Using a feminist perspective and approach, we ask big questions about how we are doing the work, what our approach needs to be, and who we need to work with.   Nikole Yanez Honduras Human Rights Defender

For me, building a feminist internet means building an internet for everyone. This means creating a space where we do not reproduce sexist violence, where we find a community that responds to the people, to the groups, and to the organizations that fight for human rights. This includes involving women and marginalised people in building the infrastructure, in the configuration of servers, and in the development of protocols for how we use all these tools.

In Honduras, there aren’t many people trained in digital forensics analysis, yet there are organizations that are always seeking me out to help check their phones. The fellowship helped me learn about forensic analysis on phones and computers and tied the learning to what I’m actually doing in my area with different organizations and women’s rights defenders. The fellowship was practical and rooted in the experience of civil society organizations.

Nikole Yanez running a technology and human rights session in Honduras

How do you explain the importance of digital forensics? Well first, it’s incredibly relevant for women rights defenders. Everyone wants to know if their phone has been hacked. That’s the first thing they ask:, “Can you actually know whether your phone has been hacked?” and “How do I know? Can you do it for me? How?” Those are the things that come up in my trainings and conversations.

I like to help people to think about protection as a process, something ongoing, because we use technology all day long. There are organizations and people that take years to understand that. So, it’s not something that can be achieved in a single conversation. Sometimes a lot of things need to happen, including bad things, before people really take this topic seriously…

I try to use very basic tools when I’m doing digital security support, to say you can do this on whatever device you’re on, this is a prevention tool. It’s not just applying technical knowledge, it’s also a process of explaining, training, showing how this work is not just for hackers or people who know a lot about computers.

One of the challenges is to spread awareness about cybersecurity among Indigenous and grassroots organizations, which aren’t hyper-connected and don’t think that digital forensics work is relevant to them. Sometimes what we do is completely disconnected from their lives, and they ask us: “But what are you doing?” So, our job is to understand their questions and where they are coming from and ground our knowledge-sharing in what people are actually doing.

To someone reading this piece and saying, oh, this kind of resonates with me, where do I start, what would your recommendation be?

If you are a human rights defender, I would recommend that you share your knowledge with your collective. You can teach them the importance of knowing about them, practicing them, as well as encouraging training to prevent digital attacks, because, in the end, forensic analysis is a reaction to something that has happened.

We can take a lot of preventive measures to ensure the smallest possible impact. That’s the best way to start. And it’s crucial to stay informed, to keep reading, to stay up to date with the news and build community.

If there are girls or gender non-conforming people reading this who are interested in technical issues, it doesn’t matter if you don’t have a degree or a formal education, as long as you like it. Most hackers I’ve met become hackers because they dive into a subject, they like it and they’re passionate about it.Nikole Yanez Honduras Human Rights Defender.

See also:¨https://www.amnesty.org/en/what-we-do/technology/online-violence/

blog.mozilla.org/en/internet-culture/raphael-mimoun-mozilla-rise-25-human-rights-justice-journalists/

Call for nominations for the Daphne Caruana Galizia Prize 2024

May 16, 2024

On 4 May 2024, during World Press Freedom Day, the European Parliament launched a call for the submission of entries for the Daphne Caruana Galizia Prize 2024. The award is for all journalists who work in newspapers registered in one of the 27 member countries. The purpose of the award is to recognize outstanding work that promotes and defends the fundamental principles and values of the European Union, such as human dignity, freedom, democracy, equality, rule of law, and human rights. [see: https://www.trueheroesfilms.org/thedigest/awards/ea7f958d-a957-4495-9ab4-9550741a8a58]

An independent jury, comprising representatives of the press and civil society from EU countries and members of leading European journalists’ associations, will award the 20,000 euro  prize. The award ceremony will be around October 16, the anniversary of Daphne Caruana Galizia’s murder. Journalists have until 12 on July 31 to submit their entries.

The award aims at remembering Daphne Caruana Galizia, a Maltese journalist active against corruption, who was killed in 2017 by an explosive device planted in her car. The president of the European Parliament, Roberta Metsola, in presenting the 2024 edition, was keen to remember Daphne Caruana Galizia: “She was murdered, but her spirit endures in the work of journalists who, like her, defend truth, pluralism, and justice. This prize is for them.”

Colombia:215 human rights defenders murdered in 2022

May 15, 2024

Associated Press on 23 January 2023 informs us that Colombia’s human rights watchdog is reporting that 215 human rights advocates were killed last year, the highest death toll since a peace accord was signed with leftist rebels in 2016.

José Ricaurte Quintero, who founded the Maná Survivors Association, was one of the last victims of 2022. He was assassinated in the street in Armenia in December. His group supported families of people who disappeared during more than five decades of armed conflict in Colombia.

The ombudsman’s office says the murders coincide with places that are strategically important to organized crime groups involved in drug trafficking, illegal mining and contraband.

The government of Gustavo Petro — Colombia’s first-ever leftist president — has proposed in his “total peace” policy to initiate peace talks with armed groups such as the ELN guerrillas and to reach out to FARC dissidents who refused to sign the peace accord, as well as the Gulf Clan cartel, with whom the government announced a truce.

Ombudsman Carlos Camargo expressed hope that such talks would lead to a reduction in actions against leaders of human rights groups.

https://uk.style.yahoo.com/news/colombia-reports-215-human-rights-200946762.html

see also: https://latinamericareports.com/colombia-again-tops-list-of-most-dangerous-countries-for-rights-defenders-report/9041/

ProtectDefenders.eu publishes annual report “REACHING FURTHER”

April 30, 2024

04224-(1920x1080px)-Annual-Report-PD-v01-Reaching-Further

On 25 April 2024, ProtectDefenders.eu, the European Union (EU) Human Rights Defenders Mechanism, presented its comprehensive annual report entitled “REACHING FURTHER,” covering the period November 2022 – October 2023. This report illustrates the support provided and efforts made by ProtectDefenders.eu to support human rights defenders (HRDs) around the world, and especially to reach those who are the most at risk.

In November 2022, ProtectDefenders.eu entered the third phase of its implementation, marking a milestone in its commitment to safeguarding human rights defenders worldwide. Throughout the first year of this new phase, the renewed and consolidated EU HRD Mechanism has provided direct protection, support, and empowerment to over 6,700 at-risk HRDs, with a particular focus on those facing the highest risks. Notably, 50% of beneficiaries were young defenders, and 58% identified as women human rights defenders (WHRDs), trans-male, trans-female, genderqueer, or gender non-conforming individuals.

Despite facing extraordinary challenges amidst protracted crises globally, ProtectDefenders.eu has demonstrated remarkable effectiveness, efficiency, and adaptability in addressing the pressing needs of HRDs. The mechanism has extended support not only to individual defenders but also to their families, communities, and organizations. This comprehensive support, including financial aid, technical assistance, and guidance, has been delivered through collaboration among consortium partners, showcasing flexibility, creativity, and responsiveness in the face of evolving challenges.

ProtectDefenders.eu has actively responded to increased requests for protection support amid protracted crises in various regions, including Belarus, Myanmar, Afghanistan, Nicaragua, Sudan, Tanzania, and beyond. Emergency protection measures have been consistently provided, alongside investments in the capacity and resilience of human rights organisations and communities. The international temporary relocation system supported by ProtectDefenders.eu, including through the Shelter Initiatives program, further exemplifies the mechanism’s commitment to HRD safety.

Through reactive and preventative advocacy efforts, ProtectDefenders.eu has achieved multiple successes globally, pioneering a collective advocacy approach on shared concerns such as international funding for HRDs and EU visas. The enhanced coordination among consortium partners has facilitated continuous improvements and innovation, addressing challenges faced by HRDs and organizations at risk more effectively.

Moreover, significant progress has been made in enhancing outreach efforts to new groups, including young defenders and those with disabilities. Increased collaboration with local actors, context-specific support, and prioritized coordination have extended the impact of ProtectDefenders.eu widely, with 93% of supported organizations not affiliated with consortium partners.

Looking ahead, ProtectDefenders.eu will remain particularly committed to fulfilling its protection mandate by addressing comprehensively the unique vulnerabilities and barriers faced by HRDs with disabilities. The EU HRD mechanism will actively engage in finding innovative solutions to ensure their protection, inclusion, and access to resources.

Read the full ProtectDefenders.eu Report: REACHING FURTHER on our website.

Amnesty’s annual State of the World’s Human Rights report 2023 is out

April 25, 2024
  • Powerful governments cast humanity into an era devoid of effective international rule of law, with civilians in conflicts paying the highest price
  • Rapidly changing artificial intelligence is left to create fertile ground for racism, discrimination and division in landmark year for public elections
  • Standing against these abuses, people the world over mobilized in unprecedented numbers, demanding human rights protection and respect for our common humanity

The world is reaping a harvest of terrifying consequences from escalating conflict and the near breakdown of international law, said Amnesty International as it launched its annual The State of the World’s Human Rights report, delivering an assessment of human rights in 155 countries.

Amnesty International also warned that the breakdown of the rule of law is likely to accelerate with rapid advancement in artificial intelligence (AI) which, coupled with the dominance of Big Tech, risks a “supercharging” of human rights violations if regulation continues to lag behind advances.

Amnesty International’s report paints a dismal picture of alarming human rights repression and prolific international rule-breaking, all in the midst of deepening global inequality, superpowers vying for supremacy and an escalating climate crisis,” said Amnesty International’s Secretary General, Agnès Callamard. 

“Israel’s flagrant disregard for international law is compounded by the failures of its allies to stop the indescribable civilian bloodshed meted out in Gaza. Many of those allies were the very architects of that post-World War Two system of law. Alongside Russia’s ongoing aggression against Ukraine, the growing number of armed conflicts, and massive human rights violations witnessed, for example, in Sudan, Ethiopia and Myanmar – the global rule-based order is at risk of decimation.”

Lawlessness, discrimination and impunity in conflicts and elsewhere have been enabled by unchecked use of new and familiar technologies which are now routinely weaponized by military, political and corporate actors. Big Tech’s platforms have stoked conflict. Spyware and mass surveillance tools are used to encroach on fundamental rights and freedoms, while governments are deploying automated tools targeting the most marginalized groups in society.

“In an increasingly precarious world, unregulated proliferation and deployment of technologies such as generative AI, facial recognition and spyware are poised to be a pernicious foe – scaling up and supercharging violations of international law and human rights to exceptional levels,” said Agnès Callamard.

“During a landmark year of elections and in the face of the increasingly powerful anti-regulation lobby driven and financed by Big Tech actors, these rogue and unregulated technological advances pose an enormous threat to us all. They can be weaponized to discriminate, disinform and divide.”

Read more about Amnesty researchers’ biggest human rights concerns for 2023/24.

Amnesty International’s report paints a dismal picture of alarming human rights repression and prolific international rule-breaking, all in the midst of deepening global inequality, superpowers vying for supremacy and an escalating climate crisis. Amnesty International’s Secretary General, Agnès Callamard

Human rights defenders in Brazil disappointed by Lula and Mary Lawlor agrees with them

April 24, 2024

On 19 April 2024 – Indigenous Peoples Day in Brazil – tribal leaders and activists used the occasion to criticize government of Brazilian President Luiz Inácio Lula da Silva for falling short on promises to safeguard native land rights.

This is revolting for us Indigenous peoples to have had so much faith in the government’s commitments to our rights and the demarcation of our territories,” Alessandra Korap Munduruku, a member of the Munduruku people and a 2023 winner of the prestigious Goldman Environmental Prize, told Amazon Watch in a statement published Friday.

We hear all of these discussions about environmental and climate protection, but without support for Indigenous peoples on the front lines, suffering serious attacks and threats. Lula cannot speak about fighting climate change without fulfilling his duty to demarcate our lands,” she added.

On the same day United Nations Special Rapporteur on the situation of human rights defenders, Mary Lawlor said that Brazil needs to prioritise the demarcation and titling of land – the root cause of most attacks against human rights defenders in the country.

Human rights defenders are under extreme threat in Brazil. The Federal Government knows this but has so far failed to put the structures in place to provide them with better protection and tackle the root causes of the risks they face,” said Mary Lawlor, in a statement following an official visit to the country.

Brazil’s Federal Government recognises human rights defenders and their work, and understands the risks they face, the expert noted. However, when human rights defenders challenge structures of power that impose and reinforce injustice, they are violently attacked and face an extremely high level of risks, she said. “Again and again during my visit I heard from defenders who had survived assassination attempts, who had been shot at, had their houses surrounded, had death threats delivered to their door. I heard from defenders whose work had been criminalised,” Lawlor said.

“The defenders most at risk in Brazil are indigenous and quilombola people and members of other traditional communities. In many cases, perpetrators of the attacks are known. Yet, there is rampant impunity for these crimes,” the expert said.

The UN expert said business and markets play a key role as drivers of conflicts, putting human rights defenders at risk. “The demarcation and titling of indigenous, quilombola and other traditional peoples’ land, as well as the revision of the legality of all existing concessions given to companies must be prioritised,” she said.

Lawlor said that in urban areas, human rights defenders were also being attacked, defamed and heavily criminalised, specifically black women human rights defenders, journalists, popular communicators and lawyers, and social and cultural workers.

“The conflation of human rights defenders with criminals by local authorities – in particular defenders who are part of social movements and supporting the most vulnerable in society – is a clear problem and must end,” the expert said.

A protection programme to address situations of risk for human rights defenders has been in place in Brazil for some time. However, Lawlor said it was currently unfit for purpose and needs radical reform and expansion. Lawlor applauded the Federal Government for re-opening the door to human rights defenders and civil society in the design of policy that affects them and encouraged authorities to not abandon these efforts.

The Federal Government needs to match the courage of human rights defenders in the country – and it must do so now,” Lawlor said.

On 22 April 2024 Maria Laura Canineu HRW’s Deputy Director, Environment and Human Rights, said she wanted to use this quilombolaas an opportunity to celebrate the work of the courageous people who put themselves at risk fighting for a world in which people and the planet can thrive. “I personally would like to honor Osvalinda Marcelino Alves Pereira. Sadly, she passed away from a long-standing illness just over a week ago.”

https://reliefweb.int/report/brazil/united-nations-special-rapporteur-situation-human-rights-defenders-mary-lawlor-brasilia-19-april-2024-enpt

Download Report (PDF | 213.1 KB | Statement – English version)

https://www.commondreams.org/news/lula-indigenous-rights

https://www.hrw.org/news/2024/04/22/earth-day-homage-beloved-forest-defender