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India arrests Khurram Parvez again

November 23, 2021

The National Investigation Agency (NIA) of India arrested on Monday, 22 November 2021 prominent human rights defender Khurram Parvez after a day of extensive searches at his residence and office in Jammu and Kashmir capital Srinagar. He is an internationally recognized human rights defender, see: https://www.trueheroesfilms.org/thedigest/laureates/81468931-79AA-24FF-58F7-10351638AFE3

A family member told The Wire that Khurram’s residence in the city’s Sonawar locality was raided by NIA officials who were accompanied by local police and paramilitary troopers, on Monday morning. Another raid was carried out later in the day at his office in the Amira Kadal locality.

The raids were carried out in connection with a case (RC 30/2021) filed by the agency earlier this year.

Sources said the investigators confiscated Khurram’s mobile phone, laptop, some books and documents from his office and residence before taking him to the agency’s camp office in Srinagar’s Church Lane on Monday afternoon. “In the evening, we got a call to bring his clothes,” said a family member, adding that his wife and their son went to the office and handed his clothes to the officials there.

The NIA has not so far issued any statement on the arrest of Khurram, who is also the chairman of Asian Federation Against Involuntary Disappearances. Sources said his family was handed the arrest memo on Monday evening and he is likely to be flown to New Delhi on Tuesday.

The United Nations said it was disturbed by the reports of Khurram’s arrest, “I’m hearing disturbing reports that Khurram Parvez was arrested today in Kashmir & is at risk of being charged by authorities in #India with terrorism-related crimes. He’s not a terrorist, he’s a Human Rights Defender,” Mary Lawlor, UN Special Rapporteur on Human Rights Defenders, tweeted. David Kaye, a former UN Special Rapporteur, said Khurram’s arrest under terrorism charges was “yet another extraordinary abuse in Kashmir.”

World Organisation Again Torture (OMCT), a Geneva based non-profit which works with groups across the world to fight for human rights, said it was “deeply concerned” by Khurram’s arrest, “We are deeply concerned about the high risk of torture while in custody. We call for his immediate release,” OMCT said in a tweet.
One of the most prominent rights defenders from Kashmir, Khurram has extensively worked on documenting the abuses allegedly committed both by security forces and militants in Kashmir as coordinator of Jammu Kashmir Coalition of Civil Society (JKCCS), a rights group based in Srinagar. See also: https://humanrightsdefenders.blog/2016/12/01/human-rights-defender-khurram-parvez-reluctantly-released-in-india/

The JKCCS has published more than a dozen reports on human rights abuses in Kashmir and its last report, ‘Kashmir’s Internet Siege’ focused on the mass detentions and the reported breakdown of the judicial system in Jammu and Kashmir in the aftermath of the reading down of Article 370. See also: https://humanrightsdefenders.blog/2020/02/09/forgotten-kashmir-something-has-to-be-done/

Khurram’s last tweet on August 30 this year was about a programme organised by Asian Federation Against Involuntary Disappearances and its members countries across Asia who pledged “that truth will not be buried, disappeared won’t be ever forgotten & perpetrators will never be forgiven.”

However, India’s government resists any notion of having acted wrongly:

Ministry of External Affairs (MEA) spokesperson Arindam Bagchi said that the [UN] statement makes “baseless and unfounded allegations” against Indian security forces. “It also betrays a complete lack of understanding on the part of the OHCHR of the security challenges faced by India from cross-border terrorism and its impact on the most fundamental human right ‘the Right to Life’ of our citizens, including in Jammu and Kashmir,” he said.

Asserting that all actions are undertaken in accordance with the law, he said, “We urge the OHCHR to develop a better understanding of the negative impact of terrorism on human rights.”

https://www.sbs.com.au/news/prominent-human-rights-activist-arrested-by-india-s-top-anti-terrorism-agency/9b91bc37-0dd2-48d4-aedc-b020fb36ea54

https://www.telegraphindia.com/india/valley-rights-activist-khurram-parvez-detained-by-nia/cid/1840157

https://thewire.in/rights/khurram-parvez-nia-arrest

https://www.reuters.com/world/india/un-criticises-disturbing-arrest-rights-activist-indian-kashmir-2021-11-23/

https://www.thehindu.com/news/national/other-states/global-rights-bodies-call-for-release-of-kashmir-based-activist-khurram-parvez/article37640132.ece

https://thewire.in/diplomacy/un-ohchr-khurram-parvez-arrest-india-dismiss

Posted in Human Rights Council, Human Rights Defenders, OMCT | 1 Comment »
Tags: arrest, David Kaye, digest of human rights awards and laureates, India, Jammu Kashmir Coalition of Civil Society (JKCCS), Kashmir, Khurram Parvez, Mary Lawlor, National Investigation Agency (NIA), OMCT

Abdulhadi al-Khawaja goes on hunger strike after ban on family calls

November 17, 2021

Jailed Bahraini human rights defender Abdulhadi al-Khawaja has started a hunger strike after being informed that he has been banned from receiving calls from family, his daughter Zaynab said on Tuesday 16 November 2021.

“My father, Abdulhadi al-Khawaja, has started a hunger strike today. The prison administration informed him that he is not allowed to make any calls. Having had no visitation rights for the past two years, these calls were his only communication with us,” Zaynab al-Khawaja wrote on Twitter.

Khawaja, who turned 60 in April, is a prominent human rights defender and the former president of the Bahrain Centre for Human Rights. He has been in prison for 10 years, serving a life sentence for “organising and managing a terrorist organisation”, among other charges. See: https://www.trueheroesfilms.org/thedigest/laureates/4d45e316-c636-4d02-852d-7bfc2b08b78d

His case was one of the first high-profile arrests following the beginning of pro-democracy protests in 2011 that sparked a widespread government crackdown in Bahrain. Tens of thousands of people poured out onto the streets at the time, calling for democratic reforms, an end to discrimination against the majority Shia Muslim population and, eventually, the end of the 245-year rule of the Khalifa monarchy.

Mary Lawlor, the UN special rapporteur on the situation of human rights defenders, has called for the release of Khawaja on his 60th birthday, but her calls have been unheeded. See also: https://humanrightsdefenders.blog/2020/04/24/martin-ennals-award-laureates-rally-to-demand-freedom-for-their-imprisoned-fellow-award-winners/

“He’s serving a life sentence in prison for peacefully defending the rights of others,” Lawlor said.

Earlier this year, Khawaja’s other daughter, Maryam, told Middle East Eye that his family’s access to him had been sporadic.

“You can never expect what’s going to happen; you might have a call this week but then next week there isn’t a call. So nothing is ever set in stone,” she said during an interview in February.

Maryam has herself become one of the most prominent voices internationally for the Bahraini democracy movement. It’s a profile that has forced her to live in exile due to a sentence she received in absentia for allegedly assaulting a police officer.

“What we see today is what you could call a stalemate, but it goes beyond that because it’s a situation that cannot continue the way that is it. There is absolute control over everything with regards to public space, access to freedoms and so on,” she said at the time.

A report compiled in February by the London-based campaign group Bahrain Institute for Rights and Democracy for the 10th anniversary of the uprising said that, since 2011, at least 51 people had been sentenced to death in Bahrain.

According to the report, mass trials have become “commonplace” in the country, with 167 people sentenced in a single day in February 2019. Hundreds of activists have seen their citizenship stripped by the kingdom, with an estimated 300 currently denaturalised.

https://www.middleeasteye.net/news/bahrain-jailed-activist-abdulhadi-khawaja-hunger-strike-ban-family -calls

Posted in human rights, Human Rights Council, Human Rights Defenders | Leave a Comment »
Tags: Abdulhadi Al-Khawaja, Bahrain, Bahrain Institute for Rights and Democracy, digest of human rights awards and laureates, hungerstrike, Mary Lawlor, Maryam Abdulhadi al-Khawaja, Middle East Eye, Zaynab al-Khawaja

Lawlor calls on Kyrgyzstan to stop harassment of human rights defender Kamilzhan Ruziev

November 12, 2021

Kyrgyzstan must investigate death threats against human rights defender Kamilzhan Ruziev instead of harassing him for making complaints against the police, said Mary Lawlor, the UN Special Rapporteur on the situation of human rights defenders “It is extremely disturbing that authorities began laying criminal charges against Mr. Ruziev after he exposed police torture and ineffectiveness, when they should actually be investigating the death threats made against him,”

As director of the non-governmental human rights organisation Ventus, Ruziev defends victims of torture, domestic violence, and discrimination. In 2019, a police investigator, whom Ruziev exposed for committing torture, reportedly threatened to kill him. When the State Committee for National Security and the Prosecutor’s Office failed to investigate the threats, Ruziev took them to court, only to find himself facing seven criminal charges.

“Kyrgyz authorities must give Mr. Ruziev a fair trial and effectively investigate all allegations of threats and ill-treatment against him and other human rights defenders,” she said. The next hearing on Mr. Ruziev’s case will be on 11 November 2021.

Lawlor said she was also disturbed by reports that Mr. Ruziev was ill-treated while held in detention for 48 hours in May 2020, and denied access to his lawyer.

“Now I hear that his health is deteriorating, and complaints to the authorities about violations committed against him continue to fall on deaf ears,” she added.

In a report to the Human Rights Council earlier this year on threats and killings of human rights defenders, Lawlor warned: “when a human rights defender receives death threats, swift action must be taken to prevent the threats from escalating. Impunity fuels more murders.”

Lawlor is in contact with the authorities of Kyrgyzstan on this issue, and stressed that “Kyrgyzstan must do better to safeguard the environment for human rights defenders to carry out their work.”

Her call was endorsed by: Ms. Tlaleng Mofokeng, Special Rapporteur on the right to physical and mental health.

https://www.miragenews.com/investigate-death-threats-against-human-rights-664761/

Posted in human rights, Human Rights Council, Human Rights Defenders | Leave a Comment »
Tags: fair trial, harassment, Human Rights Defenders, Kamilzhan Ruziev, Kyrgyzstan, Mary Lawlor, medical care, Special Rapporteur on Human Rights Defenders, threats

Cartoonist Hani Abbas draws for refugees

November 5, 2021

To mark the UN Refugee Agency’s 70th anniversary, award-winning cartoonist Hani Abbas has created seven images that will be sold as digital assets to raise funds for Afghanistan.

Syrian-Palestinian cartoonist Hani Abbas, 44, was born and grew up in Yarmouk, a Palestinian refugee camp in the southern suburbs of the Syrian capital Damascus. From the late 1990s his cartoons appeared in publications and exhibitions in Syria and across the Middle East, before he and his family fled the conflict in 2012 and eventually settled in Switzerland as refugees.

Since then, Abbas’s work – which tackles themes of injustice, loss, and the human cost of conflict – has featured in publications including Le Temps and La Liberté in Switzerland and France’s Le Monde. He is also a member of the Cartooning for Peace organization, a network of press cartoonists committed to promoting freedom and democracy. In 2014, Abbas received the International Editorial Cartoon Prize in Geneva. [see: https://www.trueheroesfilms.org/thedigest/laureates/01DCF77A-3DEA-97F4-CE95-6BD185538207]

To mark the 70^th anniversary of UNHCR, the UN Refugee Agency, Abbas has teamed up with national partner association Switzerland for UNHCR to launch the agency’s first-ever NFT (non-fungible token) fundraising sale. Abbas has created seven cartoons, from which ten copies of each will be converted into unique digital assets and sold as NFTs on the OpenSea online marketplace to raise funds for UNHCR’s Afghanistan crisis response.

Ahead of the start of the sale on 4 November, UNHCR spoke with Abbas and asked him about his life in Syria, his experiences as a refugee, and the meaning behind the images he has created.

What was your early life like growing up in Yarmouk camp?

Yarmouk is called a camp, but it’s really a part of the city with buildings, streets, and all the normal services. Growing up there was something nice and something hard. A lot of people in a small area; many pupils in the school. We had a beautiful, funny life – hard, but beautiful. Sometimes hard memories become nice when you look back. When I remember it now, I have nostalgia about that time. I remember my friends, my neighbourhood, my street, my family home.

When did you first show a talent for drawing?

When I was a child, I loved to draw. I drew everything, and I drew on everything – I was drawing on the walls, in school textbooks, on my body – everywhere. This is a child’s job! I loved drawing and when I was in school, my art teacher supported me and entered my work in a UN children’s drawing prize which I won twice, when I was 13 and 14. Those prizes gave me the power and the belief to continue drawing – I felt like I had something to say through my drawing. You can explain your story, your feelings, your ideas.

Did you always want to be a cartoonist?

No. At first it was anything, but when I was around 18, I started thinking about cartoons because I saw a lot in the newspapers, and on the walls of the camp. The walls were like our newspaper in the camp. Yarmouk was one big newspaper. In 1998 I published my first cartoon in a Palestinian magazine, then had exhibitions in the camp, in Damascus, Aleppo and Lebanon. I started connecting with newspapers – that’s how it goes. At the same time, I was also a teacher in an elementary school in Damascus.

What themes do you address in your cartoons?

My early cartoons were about Palestine, Palestinian refugees in the Middle East. More political than funny because it was difficult for me to draw something funny. I always go towards tragedy and darkness because I draw what I’m feeling. I’m trying to explain about myself and my people. At that time, I was just drawing and there was no problem for me, but when the conflict started, you had to take your life in your hands when you drew.

I’m still drawing now. Drawing in a safe place like Switzerland is good, you have total freedom. But you lose the sense of danger, the challenge. For me I did my best drawings under the bombs. I lost a big part of my power when I left Syria, but I still have the power of memory.

“The memories occupy my mind all the time.”

How did the conflict affect you personally?

I moved many times in Syria starting from March 2011 until December 2012 when I left. The last six months were very difficult to live under the bombs all the time. At that time, we would hear three sounds. The first was the sound of the shell when it was launched. The second was the sound of the shell above us in the sky. The third sound was the sound the of the explosion on the ground, or in a building. I was drawing all the time, but when I heard that first sound, I would lift my pencil and wait, thinking: ‘maybe this is my last drawing’. If I heard the third sound, that meant I was still alive. I’m lucky because I always heard all three sounds, but many thousands of Syrian people around me never heard the third sound.

You managed to escape Syria, first to Lebanon and then Switzerland. How did your life change?

Before, my family was all in the same place, now everyone is spread around the world. I’m here in Switzerland, in Geneva, my brother is in Cologne in Germany, my parents and two other brothers are in Sweden, and another brother is in Madrid, in Spain. It’s not easy to connect with them. It’s good we have social media and video calls, but it’s not the same. My kids are speaking French now, my brother’s kids are speaking German, Swedish, another Spanish. When they meet now it’s not easy to connect with so many languages, different cultures, different educations. We will lose our family tree. The branches have been cut off and are drifting down the river in different directions. But Switzerland is very good for my kids, without any problems and without any bad memories, without any dangers in the future. For me, it’s okay. I’m working here, I’m still drawing, I’m feeling good – life is good – but the memories occupy my mind all the time.

The images you’ve created for the NFT sale are part of a series you call “Windows”. What significance do windows have in your work?

What is the meaning of windows in my heart? They are our windows to see the country, to see people – to connect with them and hear them. In 2011, after four months of the conflict I drew the first window – a destroyed building with just a window still standing, and a young man waiting outside with a flower to see his love, who was gone. It represents what we’ve lost. I’ve drawn other figures who have left everything else behind but take a window with them, because the window is their memory. I have my own ideas and feelings about the images, but I hope everyone who looks at them can see the effect of war on people.

“I hope all the people who have problems in their countries can get out.”

The money raised in the sale will be used to support the people of Afghanistan. How did you feel watching recent events there?

It felt familiar for me because we were – we’re still – like them. The same problems, the same feelings, the same stories. In the news we always heard about the politics, but we didn’t know what was happening to normal people. For me, I hope all the people who have problems in their countries can get out. I support people who want to get out if they have dreams, if they want to protect their kids.

You’re used to publishing your cartoons in newspapers. How do you feel about them being turned into unique digital assets and sold as NFTs instead?

I don’t have any experience of this – I just do the drawings! But every cartoonist wants their work to be seen, and I support these new ideas. Anything that will help people and explain the hard conditions and problems they face, and allow other people to support them. It’s a new idea, and when I heard about it, I loved it. We hope now it succeeds in focusing attention on the problems of [Afghans], and makes money for them of course, because they need it. Sometimes, to make a little bit of change in people’s lives they just need a tent or a little bit of food, a bit of support or a little education.

https://www.unhcr.org/news/stories/2021/11/6183b7be4/meet-syrian-cartoonist-behind-unhcrs-first-ever-nft-fundraiser.html

Posted in human rights, UN | Leave a Comment »
Tags: artist, cartoons, Fundraising, Hani Abbas, NFT (non-fungible token), Refugee, UNHCR, United Nations High Commissioner for Refugees

Pham Doan Trang: UN experts call for release of Vietnamese human rights defender

November 1, 2021

On 30 October 2021 AFP reported that a group of UN human rights experts called for the immediate release of Vietnamese activist Pham Doan Trang (pic), who is awaiting trial after a year in detention. The prominent Vietnamese author, who campaigns for press freedom and civil rights, was arrested in October last year. [see: https://www.trueheroesfilms.org/thedigest/laureates/fe8bf320-1d78-11e8-aacf-35c4dd34b7ba]

Trang has pushed for change on a host of controversial issues, including land grabs and LGBTQ rights. “Pham Doan Trang is only the latest victim of the authorities’ use of vaguely-defined propaganda charges to persecute writers, journalists and human rights defenders,” the experts said in a statement.

The UN experts said the charges against her stem from at least three human rights reports she co-authored, plus interviews with foreign media. They accuse the authorities of “criminalising the exercise of their right to freedom of opinion”.

“We urge the authorities to immediately and unconditionally release Ms Pham Doan Trang.“

The UN experts included the special rapporteurs on the right to freedom of opinion, on human rights defenders, and on the right to physical and mental health.

https://www.thestar.com.my/aseanplus/aseanplus-news/2021/10/30/un-experts-call-for-release-of-vietnamese-activist

Posted in human rights, Human Rights Council, Human Rights Defenders | 1 Comment »
Tags: detention, digest of human rights awards and laureates, Freedom of speech, Pham Doan Trang, special rapporteurs, UN expert, USA, Vietnam

Aarhus Convention gets new mechanism to protect environmental defenders

October 26, 2021

The United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters was adopted on 25 June 1998 in the Danish city of Aarhus. The Aarhus Convention establishes a number of rights of the public (individuals and their associations) with regard to the environment. The Parties to the Convention are required to make the necessary provisions so that public authorities (at national, regional or local level) will contribute to these rights to become effective. See also: https://humanrightsdefenders.blog/2021/10/11/new-right-to-healthy-environment-ngos-urge-action/

Now (on Thursday 21 October 2021) the 46-strong group of countries across the wider European region has agreed to establish a new legally binding mechanism that would protect environmental defenders.

It takes the form of Special Rapporteur – or independent rights expert – who will quickly respond to alleged violations and take measures to protect those experiencing or under imminent threat of penalization, persecution, or harassment for seeking to exercise their rights under the Convention. As time is of the essence to buttress the safety of environmental defenders, any member of the public, secretariat or Party to the Aarhus Convention, will be able to submit a confidential complaint to the Special Rapporteur, even before other legal remedies have been exhausted. The agreement delegates setting up the new mechanism to the United Nations, or another international body. See also: https://humanrightsdefenders.blog/2019/11/28/cop25-climate-defenders-also-needed-to-be-shielded/

“I remain deeply concerned by the targeting of environmental activists”, said Secretary-General Antonio Guterres, welcoming the rapid response mechanism as “an important contribution to help advance my Call to Action for Human Rights”.

“This landmark decision is a clear signal to environmental defenders that they will not be left unprotected”, said UNECE chief Olga Algayerova. “It demonstrates a new level of commitment to upholding the public’s rights under the Aarhus Convention, as well as Parties’ willingness to respond effectively to grave and real-time challenges seen in the Convention’s implementation on the ground”.

A report to the Human Rights Council by Mary Lawlor, Special Rapporteur on the situation of human rights defenders, found that one-in-two human rights defenders who were killed in 2019 had been working with communities around issues of land, environment, impacts of business activities, poverty and rights of indigenous peoples, Afrodescendants and other minorities. See also: https://humanrightsdefenders.blog/2021/09/13/global-witness-2020-the-worst-year-on-record-for-environmental-human-rights-defenders/

Since January 2017, among the Parties to the Aarhus Convention, incidents of persecution, penalization and harassment of environmental defenders have been reported in 16 countries.

Landmark decision gives legal teeth to protect environmental defenders

Posted in human rights, Human Rights Defenders, UN | 2 Comments »
Tags: Aarhus Convention, environmental defenders, european region, international human rights mechanisms, Special Rapporteur, treaty obligations, United Nations Economic Commission for Europe (UNECE)

48th session of the Human Rights Council: outcomes

October 19, 2021

On 11 October 2021 14 NGOs shared reflections on the key outcomes of the 48th session of the UN Human Rights Council, as well as the missed opportunities to address key issues and situations [See also: https://humanrightsdefenders.blog/2021/09/13/human-rights-defenders-issues-in-the-48th-session-of-he-un-human-rights-council/]:

We welcome the adoption of the resolution on the establishment of the UN Special Rapporteur on human rights and climate change, who will focus on the interdependence between human rights, a healthy environment, and combating climate change and we welcome the Council’s historic recognition of the human right to a clean, healthy and sustainable environment. These are vital steps towards addressing the climate crisis and achieving environmental justice.

Ensuring a safe and enabling environment for civil society participation at the national and international levels is essential.

We welcome the adoption by consensus of the resolution on cooperation with the UN in the field of human rights, in particular the invitation to the Secretary-General to submit his annual reprisals report to the General Assembly, which will ensure greater attention to the issue and contribute to a more coherent system-wide response across the UN.

We express concern over the reclassification of NGO written statements submitted to the 48th session of the HRC from Agenda Item 4 to Agenda Item 3 without informing or consulting with the submitting organizations, and without transparency for the reasons or scope of this reclassification.

We welcome that the resolution on equal participation in political and public affairs puts an important focus on the context of elections and on the impact of COVID-19, underscoring the importance of protecting civil society participation at every level as part of an effective response to the pandemic, in post-pandemic recovery and as a vital component of democratic electoral processes. We regret that, in this and other resolutions, there has been systematic pushbacks against the inclusion of references to children’s right to participate in public affairs, in particular girls, in contravention of international human rights standards.

We also welcome the resolution on privacy in the digital age. Among other issues, the resolution responds to recent Pegasus revelations and includes new commitments on the use of privately-developed surveillance tools against journalists and human rights defenders. It is now essential that the Council goes further and champions the call made by various UN human rights experts to implement a global moratorium on the sale, export, transfer, and use of private surveillance technology without proper human rights safeguards. We also welcome new language in the text on privacy violations and abuses arising from new and emerging technologies, including biometric identification and recognition technologies. In future iterations of the text, we encourage the core group to go further in calling for a ban on technologies that cannot be operated in compliance with international human rights obligations.

With the withdrawal of the resolution on the realisation of a ‘better life’, we are glad to see that the Council’s mandate and resources will not be diverted to efforts that would distract from its core work or dilute human rights standards.

We regret that it was not possible to schedule the briefing by the Peacebuilding Commission (PBC) as per resolution 45/31 – and look forward to future opportunities for exchanges between the HRC and the PBC to learn from one another in efforts to address common contemporary challenges.

We deplore the abandonment of the Yemeni people by the HRC member States who did not support the renewal of the Group of Eminent Experts on Yemen. This failure of the HRC gives the green light to all parties to the conflict to continue their campaign of death and destruction in Yemen. We demand an international criminal investigative mechanism. Anything less is unacceptable.

We regret that the HRC has not responded to the calls of civil society and the evidence of widespread violations in countries including China, Egypt and Saudi Arabia where the situations manifestly warrant the establishment of international investigation and accountability mechanisms.

The establishment of a Special Rapporteur on the situation of human rights in Afghanistan supported by additional and dedicated expertise in OHCHR should bring much needed scrutiny. While we are disappointed that the Council did not establish the full-fledged investigative and monitoring mechanism that the situation warrants, we hope this decision represents a first step towards a stronger response to ensure accountability for human rights violations and crimes under international law in Afghanistan.

While the extension of international scrutiny in Burundi, including through ongoing documentation of violations, is welcome, we regret the absence of a clear strategy post-Commission of Inquiry. As the Burundian government continues to reject cooperation with the Council and its mechanisms and to deny violations, and given that the newly-created Special Rapporteur will not have access to the country for the foreseeable future, it is vital for the Council to rely on benchmarks to design the next steps of its action on, and engagement with, Burundi. We thank the COI for its important work since 2016. It has set the bar high for investigative mechanisms.

We welcome the extension of the mandate of the Special Rapporteur on the situation of human rights in Cambodia with a mandate to provide an additional oral update to the Council. However, the resolution falls short of the minimum action required to credibly address the increasing regression in democratic space and civil and political rights and to put in place necessary measures to create an environment conducive for free, fair and inclusive elections in 2022 and 2023, including mandating enhanced monitoring and reporting by the High Commissioner.

More than four years after the beginning of the conflict in the North-West and South-West regions in Cameroon, we deeply regret States’ failure, once again, to collectively address the country’s human rights crisis. As other international and regional bodies remain silent, the Council has a responsibility to act, including through the creation of an investigative and accountability mechanism.

We welcome the renewal of the mandate of the Fact-Finding Mission (FFM) on Libya but regret that the mandate has only been extended for a 9-month period. The severity of ongoing and past violations and abuses in Libya, including war crimes, requires an FFM with a sustained and properly resourced mandate.

We welcome a second joint statement on Nicaragua, and urge concerned States to step up collective action in light of increasing repression ahead of the November 7 elections. Should the Government not revert course, it is fundamental that the Council takes stock and provides an adequate, strong response, including the establishment of an international mechanism at its 49th session.

We welcome the High Commissioner’s oral updates on the Philippines. While the UN Joint Program on Human Rights (UNJP) might provide a framework for improvements, we remain concerned that the UN Joint Programme on Human Rights is instrumentalized by the Government only to please the international community. The national accountability mechanism fails to show meaningful progress. We continue to urge the Council to consider establishing a Commission of Inquiry on the Philippines, to eventually start the long-overdue independent and transparent investigation into the human rights violation in the country.

We welcome the robust resolution that extends the mandate of the Independent Expert on Somalia for a further year.

While human rights advancements since 2019 in Sudan should be recognized, Sudan still faces significant human rights challenges including threats of the militarization of the State which is also the most challenging peril for women’s rights and WHRDs in Sudan. The transition is not complete, and political uncertainty remains. Against this backdrop, the Council’s decision to discontinue its formal monitoring of and reporting on Sudan is premature as the military establishment continues to pose a threat to democracy and stability in Sudan. We urge the Sudanese authorities to fully cooperate with the UN human rights system to address ongoing violations including sexual and gender based violence and the legacy of 30 years of dictatorship, including impunity for crimes under international law.

Signatories: International Service for Human Rights (ISHR), Cairo Institute for Human Rights Studies; DefendDefenders (East and Horn of Africa Human Rights Defenders Project); Commonwealth Human Rights Initiative (CHRI); FIDH; ARTICLE 19; International Commission of Jurists; FORUM ASIA; International Bar Association; Franciscans International; CIVICUS: World Alliance for Citizen Participation; Association of Progressive Communications – APC; child rights connect; Gulf Center for Human Rights

https://ishr.ch/latest-updates/hrc48-civil-society-presents-key-takeaways-from-human-rights-council/

https://www.universal-rights.org/blog/report-on-the-48th-session-of-the-human-rights-council/

Posted in human rights, Human Rights Council, Human Rights Defenders, ISHR | 1 Comment »
Tags: 48th session of the UN Human Rights Council, ISHR, joint statement, NGOs, Right to a Healthy Environment

Indonesia: Human Rights Defenders under pressure

October 15, 2021

Here a bit of wrap up on recent developments in Indonesia. First two disclaimers:

(1) I have a long-standing interest in this country [see: Indonesia and the Rule of Law, 20 Years of “New Order” Government, a Study prepared for the ICJ, published by Frances Pinter Publishers, London, 1987, pp 208 (ISBN: 0 86187 919 8) and previous posts: https://humanrightsdefenders.blog/tag/indonesia/]

(2) the human rights situation has generally improved since that book in 1987 and is a lot better compared to other countries in Asia such as China and Myanmar.

Still, there is no case for complacency as many of the hopes raised with the election of President Jokowi were dashed (see e.g.: https://www.economist.com/asia/2021/08/19/indonesias-presiden t-promised-reform-yet-it-is-he-who-has-changed)

Over the past two years, human rights defenders (HRDs) have faced unprecedented challenges in Asia, where existing risks were exacerbated, while new threats have emerged. Governments enacted and used repressive laws, online harassment became widespread, and Asian HRDs have seen their families and loved ones increasingly subjected to harassment and threats. The COVID-19 pandemic has also significantly increased violations against defenders, and created new challenges for them to safely conduct their work.

Asian Forum for Human Rights and Development (FORUM-ASIA) and the Commission for Disappeared Persons and Victims of Violence (KontraS) presented a joint analysis, “Refusing Silence: A joint analysis on the situation of Human Rights Defenders”, as part of a collaboration in documenting cases of violations against human rights defenders in Asia, and particularly in Indonesia since 2020. [For the full PDF version of this analysis in English, click here]

The Indonesian government should put an end to the judicial harassment against human rights defenders Fatia Maulidiyanti and Haris Azhar, and uphold the right to freedom of expression, the human rights organisations said.

‘The Government of Indonesia must uphold its international human rights obligations under the International Covenant on Civil and Political Rights (ICCPR) as well as its own national constitution which protects the right to freedom of expression,’ said the groups.

The groups urged the Indonesian government to ensure that all persons can express their opinions without fear of reprisals, and to ensure its actions are compliant with Indonesia’s Constitutional protections for human rights and the ICCPR, of which Indonesia is a State Party. The National Human Rights Institution, Komnas HAM, must also work towards ensuring the protection of defenders facing judicial harassment, the groups said.

On 22 September, Luhut Binsar Pandjaitan, the Indonesian Coordinating Minister for Maritime Affairs and Investment filed a police report against human rights defenders Fatia Maulidiyanti, Coordinator of the Commission for the Disappeared and Victims of Violence (Kontras), and Haris Azhar, Founder of Lokataru Foundation. The police report alleges that the two individuals violated criminal defamation provisions (Article 310 (1) of the Penal Code), and the controversial Electronic Information and Transaction Law (EIT Law). Luhut Binsar Pandjaitan has reportedly demanded IDR 300 billion, approximately USD 21 million, in compensation.

The report was filed after subpoenas were earlier sent to the two human rights defenders following a talk show on Haris Azhar’s YouTube channel, titled ‘Ada Lord Luhut di balik Relasi Ekonomi-Ops Militer Intan Jaya!! Jenderal BIN Juga Ada!!’, (There is Lord Luhut behind the relation of Economy-Military Operation Intan Jaya!! General of State Intelligence Agency is also there!!) in which Haris Azhar and Fatia Maulidiyanti discussed the findings of a multi-stakeholder report revealing the alleged involvement of active and retired Indonesian army officials in the business operations of the gold mining sector…

The report also recorded the escalation of violent and armed conflict triggered by military operations, one of which occurred in the Intan Jaya Regency. The conflict resulted in the loss of civilian lives and the displacement of thousands of people, including children and women.

‘The legal actions by the Coordinating Minister constitute judicial harassment and abuse of power. It criminalises the rights of these two human rights defenders to express their opinions on public affairs and creates a chilling environment for individuals who criticise the government,’ the groups said.

‘We call on the Indonesian government to amend all repressive laws and legal provisions that hinder the protection of freedom of expression, and ensure the laws align with international human rights standards. The criminalisation of defamation is an inherently disproportionate and unnecessary restriction to the right to freedom of opinion and expression, under international human rights law.[4] Indonesia must immediately drop the charges against Fatia and Haris and take steps towards preventing the misuse of litigation against human rights defenders and civil society that erode the exercise of their rights,’ they concluded.

And then there is the situation of Papua:

Indonesia regularly receives criticism for its strategy in relation to separatist groups in Papua, a strategy that relies heavily on a security-based approach and which has raised questions about the government’s commitment to human rights. Most recently, the nation found itself included on a list of 45 countries cited as being culpable of intimidation and reprisals against human rights defenders seeking to cooperate with the UN, according to an annual report from the UN Secretary General’s Office distributed on September 17.

Between May 2020 and April this year, five individuals seeking to cooperate with UN human rights agencies – Wensislaus Fatubun, Yones Douw, Victor Mambor, Veronica Koman [see also: https://humanrightsdefenders.blog/2019/10/24/indonesian-human-rights-defender-veronica-koman-receives-sir-ronald-wilson-human-rights-award/]and Victor Yeimo – were “subject to threats, harassment and surveillance by government, non-state and private actors, including business enterprises and local political actors”, the report said.

On 21 September 2021 A U.N. expert has urged Indonesia to provide an independence activist in its Papua province with proper medical care to “keep him from dying in prison”, after reports that his health had deteriorated.

Victor Yeimo, 39, who is the international spokesman of the West Papua National Committee, was arrested in the provincial capital of Jayapura in May. He has been charged with treason and inciting violence and social unrest in relation to pro-independence protests that swept the remote, resource-rich region for several weeks in 2019. Yeimo has denied the charges.

His trial went ahead in August despite repeated requests from his lawyer for a delay on medical grounds, Mary Lawlor, U.N. special rapporteur on the situation of human rights defenders, said in a statement on Monday. “I’ve seen it before: States deny medical care to ailing, imprisoned human rights defenders, which results in serious illness or death,” said Lawlor. “Indonesia must take urgent steps to ensure the fate does not await Mr Yeimo,” she said, adding that his access to medical care had been restricted and his prison conditions “may have amounted to torture”. Yeimo is being treated at a Jayapura hospital after a court ordered he receive medical attention. Papuan activist Rosa Javiera told a news conference organised by the rights group Amnesty International on Tuesday that Yeimo was suffering from chronic tuberculosis that required continuous medical treatmentt.

The Indonesian government has used the covid-19 pandemic as a pretext to crack down on West Papuan street protests and to impose online censorship, according to new research published by the human rights watchdog TAPOL. Covid-19 protocols have given more power to the police and military to crush protests but they are not fairly implemented across Indonesia in general. The findings are in a new study, the West Papua 2020: Freedom Of Expression And Freedom Of Assembly Report, in which TAPOL has collated and analysed incidents recorded by West Papuan and Indonesian civil society organisations.

The West Papua 2020 Report. Image: Tapol screenshot APR

U.N. rights expert says Papuan held in Indonesia at risk of dying

Covid-19 crisis a pretext for West Papua online, offline repression, says Tapol

https://www.phnompenhpost.com/international/indonesia-faces-scrutiny-over-papua

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=27494&LangID=E

https://www.ucanews.com/news/widodo-criticized-for-rights-violations-in-indonesia/94647#

Posted in human rights, Human Rights Council, Human Rights Defenders | 1 Comment »
Tags: Fatia Maulidiyanti, Forum Asia, Haris Azhar, Human Rights Defenders, Indonesia, Kontras, Mary Lawlor, medical care, Papua, TAPOL, Veronica Koman, Victor Yeimo

New Right to Healthy Environment: NGOs urge action

October 11, 2021

On 11 October 2021 ReliefWeb published the open letter signed by 166 civil society organizations and individuals calling upon world leaders to put human rights at the centre of environmental policy (for signatories see link below).

Download document (PDF | 920.89 KB)

“Respecting and protecting human rights and protecting the environment are inextricably linked. Yet while Heads of State from 88 countries have called to end siloed thinking in the Leaders Pledge for Nature, environmental policy-making still too often excludes or sidelines human rights.

Today we, the undersigned — a broad range of indigenous peoples’ organisations, civil society groups — including human rights, land and environmental defender organisations — academics and [UN] experts from the Global South and North — call on the world’s leaders to bring together human rights, environmental and climate in policy-making in order to secure a just, equitable and ecologically healthy world for all.

The reciprocal relationship between nature and people has existed since time immemorial, but it is now unbalanced. There are countless examples in all parts of the world of how forests, savannas, fresh water sources, oceans, and even the air itself, are being privatised, polluted and destroyed by industries such as agriculture, timber, pulp and paper, mining and oil and gas extraction. These and many other industries not only wreak destruction on Mother Earth, but they also have direct and devastating impacts on human rights. Indigenous peoples and local communities living in close proximity to the production, extraction and processing of raw materials suffer dispossession of their lands, impoverishment, deterioration of their health, and destructive impacts on their culture, among many other abuses. In turn, human rights, land and environmental defenders who seek to prevent these violations suffer threats, criminalisation and violent attacks, and increasingly, killings.

The costs of both environmental destruction and measures to address this often fall disproportionately on those already in precarious positions — such as indigenous peoples, afro-descendants, local communities, women, children and youths, and poorly-paid workers, particularly in the Global South but also in the Global North — while the profits of the largest and most environmentally-damaging industries, and the wealth of their owners and financers, continues to grow. It is unforgivable that polluting industries profit at the expense of the health and human rights of marginalised communities. And, ultimately, this environmental destruction has indirect human rights impacts on us all.

Just this month the Human Rights Council adopted a resolution recognising the Right to a Healthy Environment. Yet while there is evidence that the protection of human rights can lead to better environmental outcomes, calls for recognition of the holistic and indivisible nature of human rights and the environment often go unheeded in global, regional and national environmental and climate policy forums.

This must change. As a global community we face multiple, intersecting crises: increasing human rights abuses and environmental harms by companies, land grabs, the loss of food and water sovereignty, increasing poverty and inequality, increased attacks and killings of defenders, climate change-induced disasters and migration, the diminishing health of the oceans and critical biodiversity loss. Resolving these crises demands a holistic approach to environmental policy that embeds human rights and tackles systemic problems, including historically rooted social injustice, ecological destruction, state capture by corporations, corruption and impunity, as well as and social and economic inequality.

We urge world leaders to ensure that all policymaking related to the environment — including the climate and biodiversity crises, ownership and use of land, water and resources, ecosystem degradation, corporate accountability and trade, among others — address human rights and the environment in an integrated manner. This would help to catalyse the transformative action that is urgently required.

Respect for, protection, promotion and fulfilment of human rights, and the protection of those who defend them, must be an essential and non-negotiable part of measures adopted in upcoming negotiations at the UN Convention of Biological Diversity, COP15, and the UN Framework Convention on Climate Change, COP26. Human rights must also be central to regional and national level climate and environmental policies, such as proposed deforestation legislation in the UK, the EU and the USA, which must be further strengthened.

The time to act is now: we call on you to unite human rights, climate and the environment once and for all. In doing so, you can help us and our future generations to thrive by living in harmony with nature. And in doing so, you can affirm that both nature and people have intrinsic worth and that governments are serious in living up to their duty both to protect Mother Earth and to respect, protect and fulfil human rights.”

https://reliefweb.int/report/world/open-letter-civil-society-world-leaders-put-human-rights-centre-environmental-policy

https://www.scoop.co.nz/stories/WO2110/S00102/civil-society-calls-on-world-leaders-to-put-human-rights-at-the-centre-of-environmental-policy.htm

Posted in Human Rights Council, Human Rights Defenders | 3 Comments »
Tags: environmental defenders, environmental issues, joint statement, NGOs, open letter, Reliefweb, Right to a Healthy Environment, right to health, UN Human Rights Council

United Nations Declaration on the Rights of Indigenous Peoples – a subversive document?

October 6, 2021

The government of Vietnam has admitted that it arrested an indigenous rights activist for possessing translated copied of the United Nations Declaration on the Rights of Indigenous Peoples. In an extraordinary statement, made to the United Nations High Commission on Human Rights on 20 September 2021 and just now made public, the government of Vietnam justified these arrests as being necessary to maintain national unity in Vietnam. In doing so, it has effectively sought to justify the criminalization of possession of a UN document that establishes core human rights belonging to indigenous people that the government of Vietnam itself voted to create.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), in the words of the United Nations, “is the most comprehensive international instrument on the rights of indigenous peoples” and “establishes a universal framework of minimum standards for the survival, dignity and well-being of the indigenous peoples of the world and it elaborates on existing human rights standards and fundamental freedoms as they apply to the specific situation of indigenous peoples.” It was approved by the UN General Assembly on 13 September 2007. … Vietnam was one of the 144 countries to vote in its favor.

In April 2021, the Unrepresented Nations and Peoples Organization (UNPO) brought to international attention the case of Mr. Duong Khai, a Khmer Krom activist campaigning for recognition of the indigenous status of the Khmer Krom people in Vietnam, who was arrested and threatened for possession of translated copies of the UNDRIP. In June 2021, a team of UN independent experts wrote a Joint Allegation Letter to the governmment of Vietnam demanding an answer and expressing their “concern that these reported threats may be connected to his efforts to disseminate United Nations documents, in particular the promotion and translation of the UNDRIP, and may have chilling effect on any expression, by all those, including human rights defenders, who draw attention to minority and indigenous people’s issues in the country.”

On 20 September 2021, the government of Vietnam responded to the UN experts in a letter to the UN Office of the High Commissioner for Human Rights. The response is deeply troubling. Instead of denying that such repressive actions took place, or admitting that they did and outlining a process for redress, the government of Vietnam admitted Mr. Duong Khai was indeed arrested for possession of copies of the UNDRIP and claimed that the arrest was justified in order to maintain “national unity” because, according to the government of Vietnam, there are no indigenous peoples in the country.

It is well-settled that indigenous people make up approximately 15% of Vietnam’s population and that the Khmer Krom are one of the major indigenous communities. Yet Vietnam denies the existance of indigenous people, resulting in significant negative impacts on these communities. Mr. Duong Khai is one of many human rights defenders campaigning for recognition of indigenous status, and persecuted for doing so. In Vietnam, seeking indigenous status is so dangerous that an indigenous person wearing a T-shirt with the logo of the United Nations Sustainable Development Goals stating “Implementing the United Nations 2030 Agenda for Sustainable Development to ensure No Khmer-Krom are left behind” can be arrested.

This case presents a troubling baseline for the status of human rights in Vietnam. If, in Vietnam, a person can be criminalized merely for possessing and distributing UN human rights instruments that their own government has had a hand in creating, there can be no limit to the ability of the state to repress its citizens and eradicate freedom of expression and opinion.

Unfortunately, all too often today, Member States of the United Nations justify the worst repression under the guise of “national unity.” Indigenous communities and religious and ethnic minorities regularly bear the brunt of this fundamental perversion of the international system. Yet rarely do states so explicitly and openly violate these rights as the government of Vietnam has done in this case. By criminalizing the mere possession of a document that presents solely the text of a UN human rights instrument the government of Vietnam is openly repudiating the very foundations of the international order.

In light of the government of Vietnam’s admission in this case, the UNPO is calling on the entire international community to unequivocally condemn the government’s action in this case and to ensure that any aid or support to the country or trade with it is conditioned on the provision of adequate protection for human rights defenders, indigenous communities, and freedom of expression and opinion.

https://unpo.org/article/22158

Posted in human rights, Human Rights Defenders, UN | Leave a Comment »
Tags: Duong Khai, UN, UN Declaration on the Rights of Indigenous Peoples, UNPO, Vietnam

Hans Thoolen on Human Rights Defenders and their awards