Tomorrow, 29 November, 2019, young people will gather at locations around the world for a Fridays for Future Global Climate Strike. On 2 December, United Nations delegates, world leaders, business executives, and activists will meet at the 25th Conference of the United Nations Framework Convention on Climate Change (COP25) in Madrid to discuss ways to protect the environment. Participants in these events should also discuss ways to protect the protectors: the individuals and groups targeted around the world for their efforts on behalf of the planet.
Protecting the endangered Asiatic cheetah. Tweeting a satirical poem. Attending a climate conference. Campaigning against a power plant. These actions hardly conjure images of suicide bombers or coup plotters. Yet they have been labeled “eco-terrorism,” “extremism,” or “threats to national security” by governments and businesses that seek to block the work of environmental activists. The dangers facing environmental defenders do not stop at accusations that they are national security risks.From the Amazon rainforest to South African mining communities, activists seeking to preserve ecosystems and ancestral lands are being threatened, attacked, and even killed with near total impunity, Human Rights Watch has found. But in contrast to many of these illegal acts, the unjust labeling of environmentalists as security threats is often more insidious, as it is generally carried out under the color of law.
In a long interesting piece on 28 November Human Rights Watch writes that only in exceptional cases would the actions of environmental activists meet a generally recognized definition of terrorism … When they engage in civil disobedience, their aim is usually to strengthen – and improve the enforcement of – existing environmental protection measures. It lists examples where environmental activists have been smeared as terrorists or other national security threats (for more detail see the original article):
In Kenya, the police and military have frequently labeled environmental activists opposing a mega-infrastructure project in the Lamu coastal region, including a coal-fired power plant, as “terrorists” while subjecting them to threats, beatings, and arbitrary arrests and detentions. In 15 cases documented by Human Rights Watch between 2013 and 2016, the authorities accused environmental defenders of membership in, or links to, the extremist armed group al-Shabab but provided no compelling evidence.
In the Philippines, President Rodrigo Duterte in 2018 placed 600 civil society members, including environmentalists and indigenous rights defenders, on a list of alleged members of the country’s communist party and its armed wing, which he declared to be a terrorist organization. Duterte’s “terrorist list” included Victoria Tauli-Corpuz, an indigenous Filipina who is the UN special rapporteur on the rights of indigenous peoples and a climate change activist.
In Ecuador, eight years passed before the prominent environmental activist José “Pepe” Acacho, a Shuar indigenous leader, was able to clear himself of “terrorism” charges for his activities opposing mining and oil exploration in the Amazon. Acacho was charged with terrorism in 2010 for allegedly inciting violence during Shuar protests against a mining law.
In the US in August 2018, then-US Interior Secretary Ryan Zinke blamed “environmental terrorist groups” that opposed logging for wildfires on the West Coast – a proposition immediately attacked by leading environmental organizations including the Sierra Club. In 2017, 84 members of the US Congress, most of them Republicans, asked the Justice Department if activists mobilizing against the construction of oil pipelines could be prosecuted as terrorists. (The department’s response was that in some cases, yes.)
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In Russia, at least 14 environmental groups have stopped work in recent years, and the head of the prominent group Ekozaschita! (Ecodefense!), Alexandra Koroleva, fled the country in June to avoid prosecution under the draconian Law on Foreign Agents. The 2012 law requires any Russian group accepting foreign funding and carrying out activities deemed to be “political” to register as a “foreign agent,” a term that in Russia implies “spy” or “traitor.” Authorities have used the law to silence groups that opposed state-sanctioned development projects and petitioned authorities for the release of imprisoned environmental activists, a Human Rights Watch investigation found.
Civil society participation will be crucial to ambitious outcomes at COP25. Parties to the summit, which include all UN member countries and the European Union, should allow activists ample opportunity to air their concerns about the climate crisis and use their combined expertise to help identify solutions. They should also provide activists with a safe space to speak out about the threats they face for carrying out their work.
In addition, parties should publicly commit to robustly carrying out international and regional treaties that protect environmental defenders. One of these treaties is the Escazu Agreement (the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean), the world’s first covenant to include specific provisions promoting and protecting environmental defenders. Twenty-one countries have signed the 2018 agreement. But only six countries have ratified it – five shy of the ratifications needed to enter it into force. Chile, which stepped down as COP25 host because of protests stemming from economic grievances, but will still preside over the negotiations in Madrid, should lead by example and ratify the agreement.
COP25 participants should also commit to upholding the Aarhus Convention (the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters), to which Spain is a signatory. The convention – an environmental pact for Europe, the European Union, and Central Asia – grants the public, including environmental groups, an array of rights including public participation and access to information and justice in governmental decisions on the environment, without harassment or persecution. Parties to the treaty, including the EU, and Poland for its crackdown at COP24, have been criticized – including in some cases by the Aarhus Convention’s own oversight body – for flouting these provisions.
COP25 delegates should recognize that to genuinely protect the environment, they also need to protect its defenders – including those unjustly targeted in the name of security.
On 26 November 2019 in Geneva, at the annual United Nations Forum on Business and Human Rights, the Human Rights and Business Award Foundation named Al-Haqas recipient of the 2019 Human Rights and Business Award. An independent Palestinian organization based in Ramallah (West Bank), Al-Haq “Law in the Service of Man” was founded in 1979 “to protect and promote human rights and the rule of law in the Occupied Palestinian Territory”. Al-Haq documents and monitors violations of international humanitarian law and international human rights law in Occupied Palestinian Territory and works to stop violations against Palestinians whether by Israel, by the Palestinian Authority, or by others including companies.
In recent years Al-Haq has done ground-breaking work drawing attention to how certain companies operating in Occupied Palestinian Territory, including firms doing business with or in Israeli settlements, are involved in human rights abuses and breaches of international humanitarian law, notably the Hague Regulations and the Fourth Geneva Convention. The Board members of the Human Rights and Business Award Foundation – Christopher Avery, Regan Ralph and Valeria Scorza – said in a joint statement today: “Al-Haq does exceptional work in difficult circumstances, using international law as the basis of its research and advocacy. It is encouraging that an increasing number of human rights defenders in the Middle East are giving attention to the behavior of companies – Al-Haq is a recognized leader in this development.”
The foundation’s Advisory Network members who nominated Al-Haq for the award praised the organization for:
its professionalism, meticulous research and resolute advocacy;
its wide network of field researchers in communities across Occupied Palestinian Territory who closely monitor business activities and their impact on people;
its contributions to the treaty on business and human rights being drafted at the UN; and
its capacity-building activities – helping other NGOs in the Middle East develop their work on human rights concerns relating to business.
Al-Haq has previously received awards for its work, including:
1989 Carter-Menil Human Rights Prize
1990 Reebok Human Rights Award
2009 Geuzenpenning
2011 PL Foundation Prize (Poul Lauritzen Award)
2018 Prix des droits de l’homme de la Republique Francaise
Al-Haq and its staff have been targeted for their human rights work. The Observatory for the Protection of Human Rights Defenders [Observatory] has repeatedly raised concerns about attacks and threats against Al-Haq, including multiple death threats against Al-Haq’s General Director Shawan Jabarin and against its representative before the International Criminal Court. In July 2019 the Observatory issued an urgent appeal after 4IL – the official site of Israel’s Ministry of Strategic Affairs – published an article accusing Shawan Jabarin of “terrorism”, which led to death threats against him on its public platforms. “4IL platform’s online visitors launched into an incitement to violence and hate speech against Al-Haq, including calling for Mr. Shawan Jabarin’s killing. These comments were not filtered nor regulated by 4IL moderators.” The Observatory has also called attention to cyber-attacks against Al-Haq; the hacking of Al-Haq staff e-mail, land-line phones and mobile phones; and a smear campaign sending to Al-Haq’s European donors false allegations against the organization, allegations purported to have been from Ernst & Young and an alleged official of the Palestinian Authority (PA) – the firm and the PA confirmed that these allegations were false and unfounded. It should be noted that Shawan Jabarin was banned from international travel by Israel between 2006 and 2012. [see also: https://humanrightsdefenders.blog/2011/11/30/israel-refuses-to-let-hrd-shawan-jabarin-travel-to-receive-award-in-denmark/]
Al-Haq’s research and advocacy on concerns about business involvement in abuses of human rights and breaches of humanitarian law, listed on its website particularly in this section, has included:
Al-Haq has called on companies to pull out of the Jerusalem Light Rail project insofar as it runs through Occupied Palestinian Territory, connects Israeli settlements built on Palestinian land, fragments Palestinian land, and restricts free movement of Palestinians. For example, see Al-Haq’s Feb 2019 and May 2019 statements about Canadian company Bombardier. Companies that withdrew from bidding for the Light Rail project include Bombardier, French firms Alstom and Systra, German firm Siemens, and Australian firm Macquarie. In 2012, the UN Human Rights Council had expressed its “grave concern” at “The Israeli decision to establish and operate a tramway between West Jerusalem and the Israeli settlement of Pisgat Zeev, which is in clear violation of international law and relevant United Nations resolutions” (Resolution 19/17, paragraph 4e).
A 2019 submission to the UN working group developing a draft treaty on business and human rights, and continued advocacy and analysis in that regard.
A 2019 submission to the UN Human Rights Council Advisory Committee in support of a treaty on the right to development.
Raising concerns in a 2019 statement about Airbnb and a 2019 letter to Booking.com, that by listing properties in Israeli settlements in Occupied Palestinian Territory, these firms are transgressing international law.
2018 advocacy and research on Ireland’s Control of Economic Activities (Occupied Territories) Bill 2018, to prohibit the import of settlement products and services to Ireland.
Al-Haq’s advocacy, including a 2018 joint briefing paper, calling for corporate accountability in situations of armed conflict to be included in the International Law Commission’s (ILC’s) draft principles on the protection of the environment. The principles adopted by the ILC in 2019 did include such a principle.
A 2018 joint communication to the International Criminal Court about the alleged pillage of Palestinian natural resources by private actors including Israeli and multinational corporations.
A 2018 letter to Honda Motor Co., highlighting Honda’s complicity (through its Israeli affiliate Mayer) in violations of international humanitarian law perpetrated in Israeli settlements in Occupied Palestinian Territory. Honda failed to respond to these concerns when invited to do so by Business & Human Rights Resource Centre.
Responding to German multinational HeidelbergCement in 2017 about its quarries in Occupied Palestinian Territory, expropriating natural resources in contravention of international law. In June 2015 Norway’s largest pension fund KLP had excluded HeidelbergCement from its investment portfolio, due to its operations in the occupied West Bank.
A 2015 letter calling on the Dutch Government to prevent the export of dogs by Dutch firms to the Israeli security forces, given their use to attack and intimidate Palestinian civilians. The letter includes links to videos of dogs attacking a 53-year old woman and a 20-year-old boy.
Front Line Defenders reports that on 20 November 2019, the Public Prosecution in Chlef ordered the preventive detention of human rights defender Halim Feddal, after he was arbitrarily arrested on 17 November 2019. He had been taking part in a peaceful demonstration demanding the release of a number of Algerian political prisoners.
Halim Feddal is the founder and secretary general of the Algerian National Association Against Corruption (ANLC) which works on exposing and fighting corruption in Algeria. He is also a member of the Hirak Movement, which is a grassroots human rights movement that calls for the promotion of civil and political rights in Algeria. The human rights defender frequently participates in peaceful demonstrations in the city of Chlef.
On 17 November 2019, Halim Feddal was arrested by security forces in plain clothes from a peaceful demonstration that he was attending in front of the court in Chlef. The protesters were demonstrating against the politically motivated detention of some members of the Hirak movement. Halim Feddal was taken to a local police station where he spent three days under interrogation and was not allowed to contact his lawyer or his family. On 20 November 2019, the Public Prosecution charged him with “threatening the unity of the country” and “incitement of an illegal gathering”. The Public Prosecution ordered preventive detention for Halim Feddal without scheduling a date for his court hearing.
Human rights defenders in Algeria are continually harassed and arbitrarily detained by the authorities. Halim Feddal has frequently been called to the police station and interrogated about his human rights work. Front Line Defenders is deeply concerned about the detention and harassment of Halim Feddal, and finds the general crackdown on human rights defenders in Algeria increasingly worrying. Front Line Defenders believes that Halim Feddal is being detained solely as a result of his peaceful and legitimate human right work.
Afghanistan’s top intelligence agency must immediately release two human rights defenders it detained after they exposed alleged sexual abuse against children. Musa Mahmudi and Ehsanullah Hamidi, both well-known human rights defenders from Logar province, were arbitrarily detained by the National Directorate of Security (NDS) on 21 November 2019 when they were on their way to meet with the European Union ambassador in Kabul.
The two human rights defenders began receiving threats, including from local officials in Logar, on Facebook after they gave interviews to The Guardian and Afghanistan’s TOLO News about the existence of a paedophile ring in the area. The human rights defenders uncovered more than 100 videos of the alleged abuse. Some of the victims of abuse have been murdered, according to The Guardian. “This is the latest case where human rights defenders have been targeted by the authorities for carrying out their important work. Faced with threats from both the state and non-state actors, they are operating in some of the most hazardous conditions anywhere in the world. There is impunity for attacks on these brave defenders, who have little to no protection.”
I am the director of the Journalism and Mass Communication Unit at Balkh University. I also head a non-governmental organization that works on human rights. For 20 years, as a women’s rights activist, I have pushed to address issues that prevent women from accessing their rights, not only in Balkh but also in other neighbouring provinces such as Samangan, Jowzjan, and Faryab.
One of my achievements is the establishment of the first private university in Balkh – Taj Higher Education Institute, which offers medicine, economy and law. Similar to Kabul, Herat and Kandahar, Balkh has some developments and achievements in terms of women’s rights. However, the province is still well known for the presence of armed groups, the local mafia and warlords, who have no respect for human rights. Due to existing challenges and the weak rule of law, self-censorship is embedded in the day-to-day lives of people in Balkh.
I am no stranger to tolerating injustices, especially when it is a matter of saving my life and my family’s lives. It gets challenging especially when it involves former war commanders who are now elected representatives of the area and, who would not hesitate to exert their power to commit crimes.
I hope in future like-minded women will join hands for the women’s revolution in Afghanistan, to reclaim the rights that we are entitled to.
Day one: Khawar Amiri
I am the Head of the Literacy Department of the Directorate of Education in Khost Province and have worked for many years as a mediator for women’s issues. As most women of Khost Province are illiterate, and some districts are yet to establish schools for girls, through the Literacy Department, I have conducted courses for women and girls above the age of 14 to enable their basic reading and writing skills. As a well-known human rights defender, I have worked in solving many of women’s issues through the Committee on Elimination of Violence against Women and tribal Jirgas (councils), with help of the police.
Women in Khost are exposed to discrimination and violence. Girls’ education is till grade six, after which they are sent off to marriage or asked to stay home. Forced marriages, being sold off, physical violence, lack of access to inheritance rights are some of the issues women face on daily basis. Women don’t work in government posts in Khost, as most of the positions are held by men. Women are discouraged from applying for government positions as their posts are given to men and justified with unlawful reasons for not being appointed.
I have intervened in many cases of women being abused, sometimes solving the case with the help of local elders and at times through direct mediation. One of my biggest successes is organizing a Master’s Degree programme for women in Khost to study in India, funded by the US Embassy. Despite being threatened and attacked, I am continuing my activism.
I hope women are independent, have security, and have equal opportunities for studies, get to live a life free from violence.
You can send a solidarity message to all of the 16 WHRDs in Afghanistan, or any one of them, and let them know that they are not alone. Please email your thoughts in a personal message to AfghanDefenders@amnesty.org and AI will share them with the activists.
Late on Monday 25 November 2019 the Martin Ennals Award for Human Rights Defendersannounced that its has three exceptional women as the finalists for the 2020 award, a demonstration of the leading position now occupied by women in the defence of human rights. In Yemen, Huda Al-Sarari has exposed and challenged the existence of secret prisons and many cases of torture. In Mexico, Norma Ledezma is fighting against femicides and disappearances. In South Africa,Sizani Ngubane is fighting for access for women to education and to land.
In 2020, for the first time the Jury nominated three women who defend the fundamental rights of their communities in sensitive contexts. ‘The Martin Ennals Foundation is proud to recognise the courageous work of three women. For the 2020 edition, our Jury’s choice reflects the ever-greater global impetus of individuals – whatever their gender – who are committed to respect for human rights and women’s rights in particular’, says Isabel de Sola, Director of the Martin Ennals Foundation. [see also: https://humanrightsdefenders.blog/2019/11/19/16-days-of-activism-against-gender-based-violence-start-on-25-november-2019/]
The 2020 Finalists are:
In Yemen, where the conflict has been ongoing since 2005, Huda Al-Sarari, a Yemeni lawyer, unveiled the existence of several secret detention centres where the worst violations of human rights were committed: torture, disappearances or even extrajudicial executions.
In South Africa, women face discrimination, the worst expression of which is widespread gender violence. In rural communities, they frequently have their land expropriated and are deprived of access to education and justice. SizaniNgubane founded an organisation of more than 50,000 women from rural areas in her country and has fought successfully for over 40 years for the recognition of their rights.
In Mexico, the civil population is paying a high price for the weakness of the rule of law which is underpins widespread violence and impunity. Women are the primary victims, with more than 3,500 femicides committed each year. Norma Ledezma, who is the mother of one of the victims, puts all her energy into supporting families seeking access to justice in the state of Chihuahua.
Huda Al-Sarari is a Yemeni lawyer and human rights activist. She graduated in Sharia and Law from Aden University in 2011 and holds a masters in Women’s Studies and Development from the Women’s Centre at Aden University. She has been working for more than a decade with numerous local Yemeni human rights organisations such as the Yemeni Women’s Union, the Adalah Centre for Rights and Freedoms and the National Committee to Investigate Allegations of Human Rights Violations. Over the last years, she investigated, exposed and challenged the network of secret prisons run by foreign governments in Yemen since 2015, where thousands of men and boys suffered arbitrary detention and torture. Huda Al-Sarari collected evidence on more than 250 cases of abuse taking place within the prisons and succeeded in convincing international organisations such as Amnesty International and Human Rights Watch to take up the cause. Despite the threats, defamation campaigns and sacrifices she and her family endured, she continues to stand alongside the families of those who have disappeared and pursue justice. In October 2019, she was honoured as a co-finalist by the Aurora Prize.
‘Huda Al Sarari has chosen not to leave Yemen. That is a decision which shows a rare courage, all the more so as she is working in a high-risk context and a source of danger for herself’ declared Alice Mogwe of the FIDH
Norma Librada Ledezma began her career as a human rights defender the day her daughter, Paloma, disappeared on her way home from school in Chihuahua, Mexico. Since that moment, Norma has dedicated herself to seeking justice for the families and victims of femicide, disappearance and human trafficking in Mexico. She is one of the founders and Director of Justicia Para Nuestras Hijas, a local organisation that offers legal counsel and support to ongoing cases. She is a member of the Board of the Centre for Justice for Women of Chihuahua, the Consultative Assembly of the Executive Committee for Victim’s Redress, and Deputy Coordinator of the Committee for Prevention and Redress of Domestic and Gender-based Violence. Norma has supported over 200 investigations into cases of femicide and disappearances, on behalf of both male and female victims. As a party in the case over her daughter’s murder, which was brought before the Interamerican Commission on Human Rights, Norma is responsible for the creation of a Special Prosecutor for Women Victims of Violence in her native state of Chihuahua. In spite of having received numerous death threats, she continues with her human rights work.
‘Norma Ledezma has received numerous death threats, but she is not daunted and continues her work seeking not only to obtain justice for the murder of her daughter, but for all the young women who have been murdered,’ noted Andrew Anderson of Frontline Defenders.
Sizani Ngubane is a South African activist who has dedicated her life to promoting gender equality, fighting for women’s and indigenous people’s rights. After her initial career as an activist with the ANC, she became Provincial Coordinator of the SA Women’s National Coalition in 1991 and contributed to the development of the Women’s Charter for Effective Equality in South Africa. That contribution was instrumental in building the section on rural and indigenous women of the Bill of Rights within the South African Constitution. In 1998, Sizani founded the Rural Women’s Movement (RWM), a unique organisation striving against gender-based violence and for women’s access to land, education, land rights, property and inheritance rights in courts operating under customary law. Recently, she is focused on fighting against traditional courts legislation, such as the Ingonyama Trust, which could lead to the misappropriation of many families’ land in KwaZulu-Natal Province.
‘Sizani Ngubane’s work has greatly advanced the rights of women and girls in South Africa over more than 40 years,’ underlined Guadalupe Marengo of Amnesty International.
The jury of the MEA is made up of ten of the world’s leading human rights organisations. They are: Amnesty International, Bread for the World, the International Commission of Jurists, the FIDH, Front Line Defenders, Human Rights First, Human Rights Watch, HURIDOCS, the World Organisation against Torture and the International Service for Human Rights. In order to reflect the cultural and geographic diversity of the human rights movement, a global network of regional human rights organisations consults with the selection process.
The 2020 Martin Ennals Award for Human Rights Defenders will be presented to one of them on 19 February during a ceremony hosted by the City of Geneva in the Salle Communale de Plainpalais (Geneva), in the presence of the three finalists. The event, organised by the City of Geneva, is open to the public. In order to make it possible for an international audience to participate, the event is also livestreamed. All the details on the evening’s event is available here: www.martinennalsaward.org
On 23 November 2019 Francesca Marino, in a personal blog post in the New Kerala wrote a short story “How human-rights activist Idris Khattak went ‘missing’ in Pakistan“. It reads like the scenario for a film but it is the horrible truth:
November 13, on the Islamabad-Peshawar motorway. It is around five o’clock in the afternoon, there’s a long queue at the toll plaza. The man and his driver are stuck in the queue like many others. An ordinary afternoon in an ordinary day, it seems. But there’s nothing ordinary in what’s going to happen. The moment the car stops at the toll plaza to pay the fare, a couple of guys in plain clothes approach the car forcing the two men to go out. The man and his driver are handcuffed, their faces covered with masks and they are thrown into another car. Nobody complains nobody says anything. The people at toll plaza let the car go without any payment. An ordinary afternoon, in an ordinary day. In a couple of minutes, the void replaces the space occupied by the two men. The void, an ordinary entity in today’s Pakistan. The man taken by the ‘unknown’ people in plain clothes is Idris Khattak, and is not an ordinary man. Because fighting for the rights of citizens, in Pakistan, is not an ordinary thing to do. Not anymore.
Idris had worked for Amnesty International and for Human Rights Watch on various human rights issues including, ironically, the issue of enforced disappearances in the country. His last post on Facebook, before he disappeared, was in fact on disappearances that, according to Amnesty International and other international organisations has become a common practice in Pakistan in the last few years.
Idris is an easy target. He has been an active member of left-wing politics and progressive circles since his student days and an important member of the Democratic Student Federation. Lately, he joined the National Party, serving as its General Secretary in Khyber Pakhtunkhwa. The usual ‘unknowns’ had called him many times in the past threatening him and ‘gently advising’ him not to cross the limits in criticising the military.
A couple of days later, another lot of people in plain clothes shows up at Idris’ house. They tell the family they are children of Idris’ friends and need to take his laptop and his hard disk. They call a number Idris is on the phone, telling his family to give laptop and hard disks to the guys. Just this and the call is cut.
Meanwhile, after three days, the driver reappeared. He is shaken and terrified. He has been kept for three days in a basement, with his warden telling him he was clear and would be released soon. During those three days, he never saw Idris and has no idea of what happened to him.
An FIR and a habeas corpus have been filed in Peshawar High Court by Latif Afridi Advocate, but unfortunately is not going to make any difference. The rule of law, in this case like in many other cases before Idris, counts nothing. Reading from the latest Amnesty Report “The groups and individuals targeted in enforced disappearances in Pakistan include people from Sindhi, Baloch, Pashtun ethnicities, the Shia community, political activists, human rights defenders, members and supporters of religious and nationalist groups, suspected members of armed groups, and proscribed religious and political organisations in Pakistan. In some cases, persons are openly taken into custody by the police or intelligence agencies, and families trying to find out where they are held are denied information by the authorities. Some victims are eventually released or their whereabouts are disclosed to their families but they continue to be held in arbitrary detention including in internment camps. Those forcibly disappeared are also at risk of torture and death during captivity.”
The bloggers, who disappeared a few years ago, have been brutally tortured and still carry physical and mental symptoms related to their detention. According to Amnesty International “The disappeared are at risk of torture and even death. If they are released, the physical and psychological scars endure. Disappearances are a tool of terror that strikes not just individuals or families, but entire societies. Enforced disappearance is a crime under international law and, if committed as part of a widespread or systematic attack, they constitute a crime against humanity”.
Defence of Human Rights, a non-governmental organisation working for the recovery of disappeared people, laments that more than 5,000 cases of enforced disappearance have remained unresolved till date in Pakistan. According to the International Commission of Jurists (ICJ), the Commission of Inquiry on Enforced Disappearance established in 2011 under international pressure hasn’t made any significant progress. The ICJ says the practice of enforced disappearances in Pakistan is no longer restricted to conflict zones alone. “It has become a tactic for suppressing dissenting voices wherever they are present.” Adding that “The practice has now become a national phenomenon” in Naya Pakistan.
Ironically, Imran Khan had committed to criminalise the practice of enforced disappearances under his government; useless to say, nothing has been done. And to add insult to irony, the Minister for Human Rights Shireen Mazari has stated that the government wants to sign the International Convention for Protection of All Persons from Enforced Disappearances. Meanwhile, the practice continues and the impunity and the arrogance of ISI and its thugs grow every day. Grows like the void, the void left where they were people once. And dreams, and hopes. The dreams and hopes to live in a civilised country, where dissent and protests are part of the democratic process and citizens have civil and human rights. An ordinary country.
A bill before the Russian parliament that would expand the status of “foreign agents” to private persons, including bloggers and independent journalists, is a source of serious concern, state 10 major human rights organizations on 18 November 2019. This legislative initiative will have a detrimental impact on the already restrictive environment for independent journalism in Russia and should be dropped they say. For some alternative campaign ideas see the end of this post.
Russia’s legislation on “foreign agents” already covers nongovernmental organizations (NGOs) and media outlets that receive any amount of funding from foreign sources. It requires them to indicate their ‘foreign agent’ status in publications and creates onerous reporting requirements and restrictions and non-compliance carrries haevy penalties. In November 2017, human rights organizations criticized Russia for its adoption of legislation amendments that extended “foreign agent” regulations to media outlets.
The proposed expansion of the legislation would allow authorities to also label individuals as “foreign agents” if they disseminate information to an unspecified number of people and receive funding for this from abroad. This definition would cover bloggers and independent journalists who may receive grants, salaries, or payment for specific pieces of work from any foreign source. Bloggers and independent journalists who fall under the law will be required to register with the Ministry of Justice, and those living abroad would also have to create and register a legal entity inside Russia in order to publish in Russia. All information published by the “foreign agent” blogger or journalist would then have to be marked with the “foreign agent” label. The proposed amendment passed the first reading in January 2018 and could become law by the end of 2019.
A proposed amendment to Russia’s Code of Administrative Violations also stipulates that the media, and therefore bloggers, should be fined between 10,000 (approximately US$160) and five million rubles ($79,000) for non-compliance with “foreign agent” regulations. These new amendments make the “foreign agents” legislation, which already violates international standards on freedom of expression and association, unjustifiably tough, said Galina Arapova, senior media lawyer at the Mass Media Defense Center in Russia.
“Journalists collaborating with foreign editorial offices will be the ones most affected by the law,” she said. “If they receive remuneration through foreign bank transfers to Russian banks, then this will formally be a sufficient basis for recognition as a foreign agent, so there is no guarantee that the regulatory authorities will be able to determine ‘foreign funded’ work from their other journalism.”
It will also become a strong tool to silence opposition voices. Bloggers have an important role in informing public opinion in Russia and this is an attempt to control this inconvenient source of information.
The 10 NGOs call on the Russian government to drop the proposed amendments and bring the existing legislation in line with Russia’s obligations under international human rights law, including the right to freedom of expression (article 10) and the right to freedom of assembly and association (article 11) of the European Convention on Human Rights. The government should end its continued efforts to throttle online debate and silence independent journalism in the country.
Signed by: Amnesty International ARTICLE 19 Civil Rights Defenders Committee to Protect Journalists Human Rights Watch International Federation for Human Rights (FIDH) International Media Support International Partnership for Human Rights Norwegian Helsinki Committee Reporters Without Borders (RSF)
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.
Sri Lanka’s newly elected president, Gotabaya Rajapaksa and his Government must demonstrate that they will uphold human rights and rule of law, and ensure that Sri Lanka sustains its international obligations and commitments to justice and accountability, said the International Commission of Jurists (ICJ) on 19 November 2019. “The election of Gotabaya Rajapaksa, after a highly polarizing campaign, has alarmed human rights defenders in Sri Lanka and abroad, who have little reason to believe that someone facing such serious allegations of perpetrating human rights violations can be relied upon to meet the country’s obligations under international law,” said Frederick Rawski, ICJ Asia Pacific Director.
Gotabaya Rajapaksa, who won the presidency with 52.25% of votes, served as Sri Lanka’s Secretary of the Ministry of Defence from 2005 to 2015 during the tenure of his brother Mahinda Rajapaksa, at the height of the armed conflict against the Liberation Tigers of Tamil Eelam (LTTE). Gotabaya Rajapaksa faces credible allegations of involvement in war crimes and crimes against humanity that took place during the country’s armed conflict.
International condemnation of atrocities committed during the conflict led to the UN Human Rights Council demanding that the Sri Lankan government commit to a process of transitional justice, in view of the systematic failures of accountability mechanisms in Sri Lanka in the past, as documented by the ICJ in its submission to the Human Rights Council, and others. Despite commitments from the Sri Lankan government, the transitional justice process has effectively stalled and impunity has prevailed.
“The ICJ is deeply concerned that even the limited strides made over the past five years in Sri Lanka on transitional justice, positive constitutional amendments and institutional reform will be reversed,” said Rawski. The ICJ urged the Government to deliver on its commitment to the transitional justice process, including by holding those responsible for human rights violations and abuses accountable, and complying with the obligations set out in United Nations Human Rights Council Resolutions 30/1, 34/1 and 40/1.
On 14 November 2019 Ukraine’s film maker Oleg Sentsov received the Magnitsky Human Rights Award in person [for more this award: http://www.trueheroesfilms.org/thedigest/awards/sergei-magnitsky-human-rights-awards]. The prize was awarded last October, but Sentsov was in jail in Russia. The award was presented in London by Meghan McCain, the daughter of 2008 presidential candidate and U.S. Senator John McCain. Her father was also posthumously given the award in 2018.
Amnesty International launched its Write for Rights campaign which this year champions children’s rights and youth activists. “This year Write for Rights, Amnesty’s flagship human rights campaign, champions youth activists who are taking on the world’s biggest crises,” said Kumi Naidoo, Secretary General of Amnesty International. “From those campaigning for climate and environmental justice, to those challenging inequality, poverty, discrimination and political repression, young people have emerged as a powerful force for change who deserve the world’s support.”
Every December people around the world write millions of letters, emails, tweets, Facebook posts and postcards for those whose human rights are under attack, in what has become the world’s biggest human rights event. Amnesty International is hoping to break last year’s Write for Rights record of nearly six million messages of support for activists and individuals from 10 countries whose human rights are under attack. [for last year’s campaign see: https://humanrightsdefenders.blog/2018/11/24/amnesty-starts-again-its-write-for-rights-campaign/]
Write for Rights 2019 features youth human rights defenders and individuals from in Belarus, Canada, China, Egypt, Greece, Iran, Mexico, Nigeria, Philippines and South Sudan.
Launching two days ahead of Universal Children’s Day on 20 November, a day to promote children’s rights, several of the featured activists had their rights violated as children.
They include José Adrián, who was 14 when he was brutally beaten by police on his way home from school in Mexico. He is now demanding reparations for his treatment and for the police to stop arbitrary detentions in the state of Yucatán. Among the other cases are:
Grassy Narrows Youth, a group of youth activists from an Indigenous community in north-western Ontario who have suffered one of Canada’s worst health crises. Their community has been devastated by 50 years of mercury contamination of their fish and river system. The Grassy Narrows youth are urging the government to address the mercury crisis once and for all, including by providing specialized health care and compensation for all;
Sarah Mardini andSeán Binder, two volunteer rescue workers from in Lesvos, Greece, who face up to 25 years in prison for their humanitarian work helping spot refugee boats in distress;
Yasaman Aryani, who defied her country’s discriminatory forced veiling laws and now must serve 10 years behind bars. Amnesty is campaigning for her immediate release;
Marinel Ubaldo, a youth activist from the Philippines who is urging her government to declare a climate emergency and protect future generations from the devastating impacts of climate change after her home was destroyed by typhoon Haiyan.
“The Write for Rights campaign epitomizes the ideals that Amnesty International was founded on – it’s about individuals helping other individuals. We are urging people to get behind these incredible young people who are campaigning for justice, equality and freedom,” said Kumi Naidoo.
“As we know from our work over the past five decades, writing letters works. Not only can it help free prisoners of conscience, but it makes a huge emotional difference to the people we support and to their loved ones.”
Monica Benício, the partner of Marielle Franco, a local politician in Brazil who was killed last year and was featured as part of the last Write for Rights, said of the campaign: “It helps me to get up in the morning and see some meaning, knowing that there is this big global network of affection. All these demonstrations of love and affection are helping us to mobilize, to demand justice, to pressure for investigation and above all to fight so that there will be no more Marielles.”