Archive for the 'organisations' Category

A balanced post on how the US should balance its human rights record

March 23, 2012

Under the title “A Diminished Force for Good” Tom Parker of USA AI posted on 21 March 2012 a piece that – in a frank way – argues that the US should act with regard to its own human rights problems in order to regain international influence. It takes the lead role of the US in getting a resolution on Sri Lanka (successfully) passed in the Human Rights Council in Geneva this week and contrasts it with how the US has dealt with human rights abuses in its own ambit.

As Amnesty’s recent report Locked Away: Sri Lanka’s security detainees makes clear, human rights abuses still continue to this day in Sri Lanka. Instances of arbitrary and illegal detention have been widely reported, as have acts of torture and extrajudicial execution. Tom Parker says “I know from my own personal experience of working with Sri Lankan human rights defenders that the climate of fear in which opponents of the Rajapaksa regime operate is all-pervasive. The situation in Sri Lanka is grave and the intervention of the United Nations is much needed. .However, welcome though the US-sponsored resolution is, it is greatly undermined by the embarrassing gap that exists between US rhetoric and US behavior. Critics have not been slow in pointing this out.”…”The complete failure of the United States to address the deliberate use of torture as an integral part of the War on Terror hugely diminishes its ability to put pressure on other states to adhere to human rights standards that it itself has ignored. And we are all the poorer for it.”

The alacrity with which the US Army has responded to the tragic deaths of sixteen Afghan villagers in Zangabad, Afghanistan, earlier this month demonstrates that accountability is nothing to be afraid of. Indeed it can be a powerful force for good….. The US is one of the [governments that actively promote human rights] but its influence has been greatly diminished over the past decade because of its reluctance to meaningfully address its own, very public, failings in this regard….We need a strong US voice speaking out for human rights in the world, but that can’t happen without real accountability at home.”

for the full text see: A Diminished Force for Good.

Concrete steps towards better protection of human rights defenders

March 15, 2012

On March 8 and 9, 2012, the Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), organised the fourth “inter-mechanisms” meeting, which was hosted by the Office of the United Nations (UN) High Commissioner for Human Rights (OHCHR) in Geneva, Switzerland. This is a unique informal platform where under Chatham House Rules key actors meet to fine tune standards and mechanisms for Human Rights Defenders.

On this occasion, international and regional mechanisms and programmes for the protection of human rights defenders – operating within the United Nations, the African Commission on Human and Peoples’ Rights (ACHPR), the Council of Europe, the Inter-American Commission on Human Rights(IACHR) and the OSCE Office for Democratic Institutions and Human Rights – joined by representatives of the European Union, the International Organisation of the Francophonie and various NGOs, discussed the drafting of a joint report on existing standards and recommendations related to the protection of human rights defenders at the international and regional levels. IACHR offered to take a coordinating role in drafting the report, with the back up of the Observatory. This report would be inspired by the 2011 Commentary of the UN Declaration on Human Rights Defenders by the UN Special Rapporteur on Human Rights Defenders and the IACHR Second Report on the Situation of Human Rights Defenders. Such a document, the first of its kind, will not only be a useful tool to human rights defenders, States and other relevant stakeholders, but will also demonstrate a unity of approaches among mechanisms.

Participants also shared their experiences and lessons learnt in order to identify possible ways tostrengthen the coordination and cooperation among existing mandates on the protection of human rights defenders. In particular, action-oriented discussions focused on how to ensure accountability for human rights violations against human rights defenders, which is a central issue for all mechanisms and programmes in order to combat impunity.

Participants also discussed core policy challenges affecting the protection of human rights defenders in relation to freedom of association, as well as possibilities of cooperation with the newly appointed UN Special Rapporteur on the rights to freedom of peaceful assembly and of association. A specific focus on the right to receive and access funding, including foreign funding was discussed, reflecting renewed preoccupations by mechanisms on restrictions by States in this regard. These issues should be further discussed during a future inter-mechanisms meeting, to be organised by the Observatory.

For more information, please contact :

• OMCT : Delphine Reculeau : + 41 22 809 49 39
• FIDH : Karine Appy / Arthur Manet : + 33 1 43 55 25 18

Concrete steps towards better protection of human rights defenders / March 15, 2012 / Urgent Interventions / Human rights defenders / OMCT.

Ethiopia’s restrictions on HRDs just the tip of the iceberg: repression becomes more sophisticated worldwide

March 13, 2012

Governments are becoming increasingly ‘sophisticated’ in their repression of human rights defenders. Probably as a result of the remarkable worldwide acceptance of human rights as a universal set of standards, Governments that want to continue to suppress criticism are resorting to more and more indirect methods of repression.

The basic universality of human rights is nowadays accepted by the quasi-totality of mankind.  In the words of Normand and Zaidi, ‘the speed by which human rights has penetrated every corner of the globe is astounding. Compared to human rights, no other system of universal values spread so fast’. This has not stopped a small number of governments (e.g. Iran, Zimbabwe, North Korea) to continue to oppose the idea and depict human rights as a ‘western’ or ‘foreign’ product, alien to their culture. But the big majority seems to have accepted that there is a crucial distinction between the universality of human rights and its universalisation (or universal application). The first is the moral and legal principle that a core of human rights exists and applies to every person in the world irrespective of his or her culture, country, etc.  The second is the process by which these universal standards become a reality. Here one cannot make the same optimistic observation about the speed by which human rights are spreading, but this is not only due to the ever-present gap between rhetoric and reality. The international system itself allows for differing interpretations by giving a margin of appreciation at the regional and national level and by permitting States to make reservations to international agreements. The big question is then, to what extent local cultural, legal and religious practices can be accommodated by the international system without losing its coherence.

In this context one sees increasingly that Governments use ‘tricks’ or at least more roundabout ways to tackle those they want to silence. Recent examples are the disbarment of lawyer Intigam Aliyev in Azerbijan (continuing legal work without license), financial fraud charges against Ales Bialiatski in Belarus (NGO refused recognition, therefore no bank account in Belarus, thus acceptance of grants in neighboring countries illegal), withdrawal of recognition of the Bahrain Center for Human Rights. Now Amnesty International has come with a report on Ethiopia ‘Stifling human rights work: The impact of civil society legislation in Ethiopia’ (PDF).  It describes in detail how the 2009 Charities and Societies Proclamation imposes heavy restrictions on human rights groups operating in the east African country, and allows for excessive government interference. The result is that Ethiopians have less access to independent human rights assistance. Amnesty International’s Deputy Africa Director Michelle Kagari said: ‘Rather than creating an enabling environment for human rights defenders to work in, the government has implemented a law which has crippled human rights work in Ethiopia. The space to make legitimate criticism is more restricted than ever.’ Human rights defenders risk imprisonment if they violate vaguely defined provisions within the 2009 law, making them afraid to speak out, and often resort to self-censorship, in order to avoid repercussions.

There are surely many other examples and it goes to show that those of us who want to assist HRDs in their work have to become also more sophisticated and cut through the maze of legalistic and bureaucratic measures to unearth the truth about the situation of HRDs. We have our work cut out!

Human Rights Groups Welcome Spanish Court’s Decision to Acquit Judge Baltasar Garzón

February 28, 2012

On 27 February 2012 an impressive array of international NGOs welcomed the decision by the Criminal Chamber of the Spanish Supreme Court to acquit the judge and human rights defender Baltasar Garzón. The organizations include: the International Commission of Jurists (ICJ), the Center for Constitutional Rights (CCR), the European Center for Constitutional and Human Rights (ECCHR), Lawyers Rights Watch Canada (LRWC), the Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), Asociación pro Derechos Humanos de España (APDHE), Asociación Española para el Derecho Internacional de los Derechos Humanos (AEDIDH), the Due Process of Law Foundation (DPLF) and Rights International Spain (RIS). The stated: “… We have previously issued a statement https://docs.google.com/file/d/0ByBM8_x9YdxiOTllZTE4YzYtNGQ1Mi00NGQ1LWJlNTgtMDhjNDliMDE4MzYx/edit?pli=1 warning the international community and Spanish society of the danger that the process posed to both judicial independence and access to justice for victims of crimes committed during the Spanish Civil War and the Franco regime. We welcome the Supreme Court’s decision to finally acquit Judge Baltasar Garzón of the malfeasance charges against him. However, at the same time, we strongly reaffirm that grave damage has been done to both Judge Garzón and judicial independence more broadly. Judge Garzón should never have been prosecuted for complying with the clear obligation under international law to investigate grave violations of human rights.”

 

The organizations added that the critical question that motivated the prosecution of Judge Garzón has not been adequately answered: “Who has the legal authority to investigate crimes committed during the Spanish Civil War and the Franco regime?” “We remind the Supreme Court of its obligation to rule on this issue of legal authority or competency raised before it. Determination of this pressing issue was inexplicably subordinated to the malfeasance prosecution against Judge Garzón and as a result has unjustifiably remained pending for over two years. Our organizations call on the Supreme Court to consider and determine, in accordance with its constitutional mandate and principles of international law, what courts have the authority to investigate and provide effective remedy for the 114,266 enforced disappearances and extra-judicial killings committed during the Civil War and Franco regime that followed. We also call on the Court to confirm the applicability of national and international law to the investigation and redress of these and other serious crimes against international law.”

 

Along with the Office of the High Commissioner for Human Rights and the UN Human Rights Committee, the NGOs call on Spain to repeal its 1977 Amnesty Law as it violates the international law obligations Spain has assumed since that year and the Spanish Constitution itself (articles 1.1, 9, 10.2, 95 and 96).  

Spain: Human Rights Groups Welcome Spanish Court’s Decision to Acquit Judge Baltasar Garzón / February 27, 2012 / Urgent Interventions / Human rights defenders / OMCT.

Somalia, Child Soldiers Video by HRW on YouTube

February 23, 2012

Human Rights Watch (HRW)  uploaded on 18 February 2012 a short, crisp video about the recruitment of child soldiers in Somalia by Al-Shabaab.

 

Somalia, Child Soldiers – YouTube.

The Belgium Parliament adopts a resolution on the place of HRDs in foreign policy

February 20, 2012

On 13 February 2012, the Belgium parliamentarians adopted by unanimity a resolution strengthening its earlier resolutions of 2003 et 2005, in which they urge the Belgium Government to be more active with regard to the protection of human rights defenders. This kind of action by parliaments is rare but extremely important as I believe it helps to focus policy within the broad – and often vague – human rights language and gives long-term stability

The parliamentarians ask for example that the Government meets with HRDs during official visits, that diplomats maintain regular contact with HRDs in prior consultation with local and national human rights NGOs.  They also want to see stronger support for HRDs in the context of conflict prevention, diplomatic dialogues and development aid. Other recommendations relate to the EU and the UN.

Protection International, the Brussels-based international NGO, has rightly welcomed the resolution which is in line with with the best practices it has collected over the years. It now calls on the Government to put the policy into practice.

The Parliament’s Resolution – in French and Dutch – is available at: http://www.lachambre.be/FLWB/PDF/53/1887/53K1887008.pdf

The comments by Protection International (in French) at: http://protectionline.org/PI-se-rejouit-de-l-adoption-d-une.html

Valentine ‘massacre’; Ugandan minister blathers about gay rights conference

February 15, 2012

Further to my post from yesterday I am glad to report that MEA Laureate Kahsa is for the moment safe. But I cannot resist to provide some quotes from the Guardian article which speak for themselves in demonstrating the state of mind of the minister concerned which is, to use an understatement, confused and, when invoking terrorism, even dangerous :

Simon Lokodo, the minister for ethics and integrity, was accompanied by police to a hotel where he told activists their workshop was an “illegal assembly” and ordered them out. Defending his actions later, Lokodo told the Guardian: “You should not allow people to plan the destruction of your country. You cannot allow terrorists to organise to destroy your country. Lesbian, gay, bisexual and transgender activists are reportedly referring to the shutting down of Tuesday’s workshop at the Imperial Resort Beach Hotel in Entebbe as a “Valentine’s massacre”. But Lokodo expressed no regrets. “It was an illegal meeting because we were not informed,” he said. “We found out the meeting was being organised by people from within and without. People from Europe and other African countries outside Uganda. They were recruiting people to go out and divulge the ideology of LGBT. In Uganda, the culture, tradition and laws do not support bestiality and lesbianism. They were illegally associating.” He added: “We tolerate them, we give them liberty and freedom to do their business, but we don’t like them to organise and associate.”

The minister also tried to order the arrest of Kasha Jacqueline Nabagesera, a prominent LGBT rights activist. The winner of the 2011 Martin Ennals award for human rights defenders was forced to flee the hotel. “I wanted to arrest a lady who was abusing me and calling me a liar,” Lokodo said. “I want to subject her to a court of law. She must be arrested. This is hooliganism. You cannot be insulted in this country. We must be a civilised country. This particular one was talking like she came from the bush.”

Ugandan minister shuts down gay rights conference | World news | The Guardian.

Ugandan Government raids LGBT-rights workshop and threatens MEA Laureate Kasha

February 14, 2012

Amnesty International reports today that a Ugandan cabinet minister raided a workshop run by lesbian, gay, bisexual and transgender (LGBT) activists in Entebbe.
The Minister for Ethics and Integrity, Simon Lokodo, who was accompanied by police, announced that the workshop was illegal and ordered the rights activists out of the hotel where it was being held. He told activists that if they did not leave immediately, he would use force against them.
“This is an outrageous attempt to prevent lawful and peaceful activities of human rights defenders in Uganda,” said Salil Shetty, Amnesty International’s Secretary General.

The Minister also attempted to order the arrest of Kasha Jacqueline Nabagasera, a prominent LGBT rights activist and winner of the 2011 Martin Ennals Award for Human Rights Defenders, who was forced to flee from the hotel.  The reasons for the attempted arrest were not immediately clear, but were reported to be linked to Kasha Jacqueline’s attempt to challenge the Minister’s actions.

The move comes days after the Anti-Homosexuality Bill was re-tabled in the Ugandan Parliament. The Government of Uganda has sought to distance itself from the Bill, stating that the bill did not enjoy government support.  However, “the Government’s claimed opposition to the Bill needs to be supported through their actions. The Ugandan government must allow legitimate, peaceful gatherings of human rights defenders, including those working on LGBT rights,” said Salil Shetty.

If the Anti-Homosexuality Bill becomes law, it would violate international human rights law and lead to further human rights violations.

via Uganda: Government raid on LGBT-rights workshop | Amnesty International.

Pakistani human rights defender raided by the Rangers

February 13, 2012

The following story illustrates very well how HRDs straddle the issue of civil rights in relation to social and economic rights. It comes from the reliable Asian Human Rights Commission (AHRC).

A troop of twenty-five rangers illegally raided the house of Mr. Muhammad Ali Shah, a human rights activist and chairperson of the Pakistan Fisherfolk Forum.

On Thursday 9 February, 2012 around 7pm in the evening, Mr. Shah participated in a protest organised by the labourers of M/S MASCO (A German Garments Factory in Karachi) against the unjust and inhuman working conditions imposed by the management. The peaceful protesters were fired upon resulting in many casualties. Moreover, a number of protesters were abducted by the police. They were given no reason for their arrest. Mr. Shah condemned the acts of the factory management and unlawful support of the police. He talked to the officials and had the labourers released. This infuriated the factory owner and he contacted one of his friends in the Rangers named Lt. Col. Jawaid.

The Rangers already had a grudge against Mr. Shah and. Lt. Col. Jawaid therefore wasted no time in taking up his friend’s unofficial complaint. The same evening he phoned Mr. Muhammad Ali Shah, abused him verbally and threatened him with kidnapping and death. He warned Mr. Shah to keep himself away from social work or get ready to bear the harsh consequences. Mr. Shah replied that he was not undertaking any unlawful acts and that he was only showing support to the people who are victims of injustice.

Lt. Col. Jawaid became even angrier and sent 20-25 armed Rangers at around midnight to kidnap Mr. Shah and teach him a lesson. The soldiers cordoned off the area where Mr. Shah lives as if they were acting against some terrorist threat and raided his house without having any legal order or complaint in black and white. Fortunately, Mr, Shah was not at home at that time otherwise he might have been treated brutally before being abducted.

The urgent appeal by the Asian Human Rights Commission then goes on to give more detailed background information and to issue a call for action. See: http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-022-2012

Human Rights Watch annual report with focus on 2011 ‘Arab Spring’

January 23, 2012

On 22 january Human Rights Watch (HRW) published its World Report 2012.  The 676-page report summarizes major rights issues in more than 90 countries, reflecting the extensive investigative work carried out in 2011 by its staff. On events in the Middle East and North Africa, Human Rights Watch said that firm and consistent international support for peaceful protesters and government critics is the best way to pressure the region’s autocrats to end abuses and enhance basic freedoms. A principled insistence on respect for rights is also the best way to help popular movements steer clear of the intolerance, lawlessness, and revenge that can threaten a revolution from within, Human Rights Watch said………
The repercussions of the Arab Spring have been felt around the world, Human Rights Watch said. Leaders in China, ZimbabweNorth KoreaEthiopia, Vietnam, and Uzbekistan seem to be living in fear of the precedent of people ousting their autocratic governments. But even democracies such as India, Brazil, and South Africa have been reluctant to support change.  Relying on outmoded views of human rights promotion as imperialism and ignoring the international support that their own people historically enjoyed when seeking their rights, these democracies often failed at the United Nations to stand with people facing repression.
Human Rights Watch said the international community could play an important role in fostering the growth of rights-respecting democracies in the Middle East and North Africa. Rather than refusing to countenance the rise of political Islam, as sometimes occurred in the past, democratic governments should recognize that political Islam may represent a majority preference, Human Rights Watch said. However, the international community should insist that Islamist governments abide by international human rights obligations, particularly with respect to women’s rights and religious freedom, as with any government.
………….
“Rights-respecting governments should support international justice regardless of political considerations.  It’s misguided to believe that allowing countries to sweep past abuses under the rug will somehow avoid encouraging future atrocities,” Roth said. “As we mark the first anniversary of the Arab Spring, we should stand firmly for the rights and aspirations of the individual over the spoils of the tyrant.”

World Report 2012: Strengthen Support for ‘Arab Spring’ | Human Rights Watch.