Posts Tagged ‘anti corruption’

Will Angola persists with defamation charges against ‘Blood Diamonds’ journalist today?

May 28, 2015

Investigative journalist Rafael Marques de Morais is due to appear in court today in Angola for sentencing. On 25 May the Public Prosecutor in his trial requested that the judge convict him of criminal defamation and sentence him to 30 days in prison, only four days after the announcement of the Lunda Provincial Tribunal that charges against Mr. Marques de Morais had been dropped!“ After more than two years of continuous judicial harassment, solely based on Mr. Marques de Morais human rights activities, this last decision makes yet another mockery of justice in Angola ”, said Karim Lahidji, FIDH President.

[Mr. Marques de Morais is a well-known Angolan journalist and editor of an Angolan anti-corruption website,who has been facing continuous judicial harassment since the publication in 2011, of his book, “Blood Diamonds : Corruption and Torture in Angola”, in which he documents and denounces the corruption, allegations of homicides, torture, forced eviction of civilian settlements and intimidation of inhabitants of the diamond-mining areas of Angola’s Lundas region by some state agents and business entrepreneurs.]

He is same Rafael Marques de Morais, who was quoted in my post of 19 December 2013 about Mariah Carey performing for the President that “the presidency was happy to cover the capital in posters of her performance, but on November 23 the presidential guards murdered an activist in custody for posting fliers. Those fliers were a peaceful protest of the murder of other activists disappeared by state police. How does Mariah Carey, the artist and humanist, who so often speaks about human rights, feel about that?…..The Angolan Red Cross gala raised $65,000. Mariah Carey’s transportation alone cost several times that number. It’s absolutely shameless,” added de Morais. [from https://thoolen.wordpress.com/2013/12/19/mariah-carey-needs-better-informed-staff-and-donate-her-1-million-fee-to-human-rights-defenders-in-angola/#more-4223] Read the rest of this entry »

The case for ‘smart sanctions’ against individual perpetrators

May 8, 2015

On 5 May Daniel Calingaert, Executive vice president of Freedom House, contributed an interesting piece to The Hill, in which he argues in favor of ‘targeted sanctions’ against leading individuals who have committed serious human rights violations or engaged in corruption. “Holding torturers and kleptocrats to account” certainly makes some excellent points including the realistic one that countries should be “strong and confident enough both to cooperate with authoritarian governments where prudent and to still hold their human rights abusers and corrupt officials to account“.

 Here the piece in full:

“On May 5, the European Union’s Court of Justice will hear a complaint by the head of Iran’s state broadcaster, Mohammad Sarafraz, and the news director of its English-language channel, Hamid Reza Emadi. The EU imposed a travel ban and asset freeze on them because they broadcast forced confessions by tortured or mistreated political prisoners. Sarafraz and Emadi want the restrictions lifted. But even if they lose their case, they can park their money in the United States, because they aren’t on a U.S. sanctions list.

Their case shows that sanctions hurt human rights abusers and corrupt officials, as intended. And that’s a key selling point for the bipartisan Global Magnitsky Human Rights Accountability Act (S. 284/H.R. 624) being debated on Capitol Hill. The bill, based on Russia-specific sanctions legislation adopted in 2012, would begin to hold human rights abusers and corrupt officials to account around the world by denying them U.S. visas and access to our financial system.

Aside from the Russia-specific sanctions, executive orders have imposed sanctions on human rights abusers in Iran (though the U.S. sanctions list for Iran is significantly shorter than the EU’s) and on seven Venezuelan officials. Targeted sanctions on human rights abusers should be expanded worldwide, because authoritarian rulers and their lieutenants are driving a global decline in respect for human rights. According to Freedom House’s ratings, media freedom has fallen to its lowest point in 10 years, and political and civil rights overall have deteriorated for nine consecutive years.

Targeted sanctions as envisioned by the Global Magnitsky Act could start to turn this trend around. It would build on current policy of condemning human rights abuses and supporting human rights defenders by actually going after the perpetrators of abuses. Perpetrators are usually shielded by their government and expect to evade justice. If a penalty loomed over their head, they may think twice about committing their crimes.

By imposing consequences on individual abusers, the Global Magnitsky Act would force authoritarian rulers into a difficult choice: either to protect the most repugnant officials and thereby expose the cruelty of their regimes or to cut loose the officials who do their dirty work and keep them in power.

A Global Magnitsky Act also targets high-level corruption — the Achilles heel of authoritarian regimes. While human rights might seem a bit abstract to ordinary citizens, corruption is all too real. Citizens understand what’s wrong with corrupt officials getting rich at the public’s expense while everyone else struggles to make ends meet.

Corruption often fuels human rights abuses. Because corrupt officials stand to lose their ill-gotten gains if they leave office, they will go to ever-greater lengths to hold onto power. Former Ukrainian President Viktor Yanukovych was a prime example. As he and his family amassed enormous wealth, he tightened media restrictions, selectively prosecuted opposition figures and increasingly manipulated elections.

Under the Global Magnitsky Act’s targeted sanctions, no country would be singled out. And it would apply to countries like China and Saudi Arabia that tend to escape criticism for their human rights abuses because of U.S. economic or security interests.

The executive branch would decide whom to sanction. But it would have to listen to Congress’s input and explain its decisions. And chances are that governments with an extensive apparatus of repression would end up with more than seven officials on the sanctions list.

If passed, a Global Magnitsky Act probably will elicit some angry responses, like Venezuela’s cryabout “a new escalation of aggression” and “extraordinary threat” from the United States. But authoritarian governments can’t give an honest response, because they can’t admit that they harbor officials responsible for human rights abuses and large-scale corruption. If China’s leadership were sincere, it ought to welcome a Global Magnitsky Act for reinforcing President Xi Jinping’s policy of cracking down on corrupt officials and stemming their flow of assets abroad.

The prospect of angry reactions shouldn’t discourage the introduction of the Global Magnitsky Act. The United States always meets resistance when it champions human rights, because authoritarian governments prefer to avoid responsibility for their violations. We shouldn’t let their officials abuse their power and then benefit from our legal protections.

And we shouldn’t accept their insistence that we look away from human rights abuses as the price for economic or security cooperation. The Global Magnitsky Act would focus pressure on the perpetrators, not commercial relations. We should use our influence and engage authoritarian governments on our terms. We can be strong and confident enough both to cooperate with authoritarian governments where prudent and to still hold their human rights abusers and corrupt officials to account.”

Holding torturers and kleptocrats to account | TheHill.

see also: https://thoolen.wordpress.com/2015/01/29/human-rights-defenders-and-anti-corruption-campaigners-should-join-hands/

 

Human Rights Defenders and Anti-Corruption campaigners should join hands

January 29, 2015
Jamil Nasir, a graduate of Columbia University, wrote on 10 December 2014 a short piece on the link between human rights and corruption: “The corruption link”. The author concludes that “Human rights defenders should not consider themselves just as activists; similarly anti-corruption champions should also not limit themselves like that. A bridge needs to be built between human rights and anti-corruption activists.” The article follows below in full:
The world celebrates ‘Anti-corruption Day’ and ‘Human Rights Day’ on December 9 and 10, respectively. Corruption and human rights are inextricably linked, but these linkages are not emphasised much in literature or discourse on corruption. The detrimental impact of corruption on economic growth and development is now well documented. It is a fact that corruption kills the incentive system, distorts technology choices, misallocates talent, promotes tax evasion and retards economic growth.And how does corruption impact human rights? First, it reduces the capacity of the state to protect, respect, and enforce its obligations with regard to the fundamental human rights enshrined in the social contract between the citizens and the state. For example, ‘access to justice’ and ‘security of life, property and honour’ are fundamental human rights. Can these rights be protected with a corruption-ridden judicial and police system? Our own current system is a pertinent example.Corruption in the judiciary and the police is not a secret in our country. When we talk of corruption in the judicial system, it does not mean prismatic decisions and judgements only. Granting adjournments to benefit one of the parties to a dispute is also corruption. When it comes to the police, corruption is not about flawed investigations but also non-submission of challans in the court on time. Consequently, the weaker party gets so disillusioned that it either does not pursue the case or enters into forced compromise.

Thus corruption affects fundamental rights as well as procedural rights like due process – the. right not to have undue delay in court proceedings and the right to a fair trial. Is it not corruption that has reduced the capacity of our state to enforce fundamental human rights? Have the court and police systems not become dysfunctional? Are these institutions not making the people poor rather than providing them quick justice?

This corruption lowers economic development and undermines poverty alleviation. The social contract obligates that the state should provide an environment where people can realise their full potential. Is such an environment possible without adequate resources with the state? Corruption reduces the level of revenues which consequently reduce the capacity of the state to fund basic social services. Again, Pakistan is a pertinent case. Due to corruption, tax evasion is rampant. Corruption also affects targeting of social programmes. If corrupt practices are pervasive, leakages in such programmes will usually be high. Anecdotal evidence suggests that the money allocated for various social spending and poverty alleviation programmes have not reached the intended targets. A substantial percentage of such funding was squandered away during the process of distribution. Further, targeting of the poor was riddled with nepotism and patronage.

Moreover, corruption enhances the operating costs of the government and reduces the resources available for social spending. The budget for the health and education sectors gets squeezed. It is an open secret now that the major chunk of the funds allocated for development of infrastructure like roads, schools and hospital buildings is eaten into by corruption in the form of commissions and kickbacks by the engineers, contractors and construction companies. And so corruption undermines development, deepens poverty and exacerbates other human rights violations.

Corruption can also violate human rights directly. If a corrupt judge takes a bribe to decide a case against an individual or a corrupt police officer takes a bribe not to properly investigate, that corruption directly violates human rights like the right to a fair trial. Corruption can manifest itself as the worst abuse of human dignity and rights.

One of the reports of Transparency International mentions a local public hospital in Zimbabwe whose nurses charged $5 every time the mother screamed while giving birth to a baby. This amount was charged as a penalty for raising alarm. Those women who were unable to pay the delivery fee were detained at the hospital until they had settled the debt. In this way, they were held hostage by the corruption prevalent in the hospital.

Corruption particularly targets the poor. For example, if a rickshaw driver or a street vendor pays a meagre amount of bribe (assume Rs100) to a policeman to avoid harassment, the impact on these poor chaps will be deep and severe since even Rs100 constitutes a major chunk of their daily income. It is not a big amount in absolute terms but it eats into their already tight budget. Compared with the daily income of the wage earners, the impact of this seemingly little amount can be well imagined on the household budget of the poor.

On the other hand, if a businessman pays – assume Rs100,000 – to a tax collector, he will get enormous personal benefit. But due to this collusion of the tax evader and the tax collector, millions of rupees will be dribbled through corruption. The taxes evaded due to this under the table deal, if properly collected, could be utilised for developing infrastructure, transfer payments or spent on poverty alleviation programmes.

This simple illustration shows that corruption adversely affects the poor. Second, it may also benefit the rich which is perhaps one explanation of the tolerance of the rich and the elite towards corruption in society. According to Professor Pranab Bardhan, corruption feeds on itself due to a variety of reasons. First, it is beneficial for the payer and the payee. Second, it is so entrenched that it becomes a self-fulfilling prophecy. Third, once corruption takes root in society, it is exceedingly difficult to eliminate.

It is time the discourse on corruption included the human rights perspective. A clear understanding between corruption and human rights can empower both human rights activists and those working against corruption. If linkages between corruption and rights become part of the narrative on corruption, attitudes will change. When people become more aware of the damage corruption causes to their fundamental rights, they are more likely to support campaigns against corruption. This new discourse can persuade key actors like judges, parliamentarians, lawyers, media and the public at large to take a strong stand against corruption. Connecting corruption to human rights violations means that acts of corruption can be challenged in a court of law as violation of fundamental human rights.

Weak human rights protection creates possibilities for corruption which also means that the promotion of human rights can be one of the tools against corruption. For example, promotion of the right to freedom of expression and information can go a long way in combating corruption in society. The right to information is critical in the fight against corruption.

Human rights defenders should not consider themselves just as activists; similarly anti-corruption champions should also not limit themselves like that. A bridge needs to be built between human rights and anti-corruption activists. This will be possible once the dots are connected and linkages between corruption and human rights are consciously explored for a joint struggle. Both human rights organisations and anti-corruption agencies should make a resolve to work together. The fight against corruption and the promotion of human rights are too important to be left to disjointed endeavours.”

The corruption link – Jamil Nasir.

Ebola used as threat against human rights defender in Sierra Leone

August 29, 2014

Frontline NEWlogos-1 condensed version - cropped reports that  on 28 August 2014, human rights defender Mary Conteh [national coordinator for Women’s Centre for Good Governance and Human Rights (WOCEGAR) in Sierra Leone] received a call from an unknown number where the caller threatened to spread false information that she contracted Ebola if she does not stop her human rights work. This comes just two days after she recorded a statement  with the police denouncing threats pronounced against her as a result of her recent investigation on reports of misuse of public funds.  On 24 August, she had visited the office of Mr. Osman O. Sesay, who represents the constituency in which WOCEGAR is located, to inquire about reports suggesting that the grant assigned to his constituency had not been used for its original purpose. The member of parliament reportedly argued that the fund was placed on a personal account and that he was not accountable to any member of the local human rights groups. As the discussion proceeded, he reportedly started hurling insults at her and eventually threatened that he could make her disappear.

(In early August 2014, Mary Conteh and her colleagues received information that members of the Sierra Leonean parliament had each received from the government a grant estimated at US$20,000 for the purpose of fighting the outbreak of Ebola in their respective constituencies.)

DRC: Human Rights Defender shot and NGO office closed

May 30, 2014

The Democratic Republic of Congo remains a terrible place for human rights defenders. These two recent events reported by Front Line make it abundantly clear:

1. Attempted murder of human rights defender Mr Leonard Lusimba 

On 22 May 2014, human rights defender Mr Leonard Lusimba was shot in an attempted killing by a member of the Forces Armées de la République Démocratique du Congo – FARDC (Armed Forces of the Democratic Republic of Congo). He underwent surgery on 25 May, and a second operation will be necessary in the coming days. Leonard Lusimba is the regional representative of Collectif d’Actions pour la Défense des Droits de l’Homme – CADDHOM, an organisation which, since the 1990s, has worked to promote human rights and peace education in different regions of the DRC, in particular in the Eastern provinces of the country where a number of armed groups are still active.

[Over recent years, numerous Congolese human rights defenders have been killed as a result of targeted attacks. In the rare cases where serious investigations have been undertaken, they have often failed to lead to results, favouring impunity.]

2. Closure of the office of human rights organisation Solidarity for Social Advancement and Peace 

On 21 May 2014, the Congolese human rights organisation Solidarité pour la Promotion Sociale et la Paix – SOPROP (Solidarity for Social Development and Peace) was closed by the Direction Générale des Impôts – DGI in relation to an investigation into allegations of tax fraud. The DGI declared that it needed time to reach a compromise with SOPROP, and proposed a settlement to SOPROP of 20% of the amount it allegedly owed in unpaid taxes. SOPROP rejected the proposal on the grounds that there was no basis for the amount originally demanded. The same day, SOPROP brought a complaint to the local Prosecutor’s Office, which identified irregularities in the procedure and ordered that the medical centre be reopened. The office, however, remains sealed, and it is unknown when it will be reopened

[SOPROP is an organisation which, since its foundation in 1994, has supported victims of torture and other violence through medical, social and legal assistance. The organisation is also known for its activities in human rights education, particularly in schools, as well as for its investigations into human rights violations and corruption. In 2011, SOPROP had published a report on the corrupt practices of state companies in Kinshasa, which highlighted agencies of the DGI, amongst others.]

For previous posts on DRC: https://thoolen.wordpress.com/tag/congo-drc/

Xu Zhiyong’s Closing Statement to the Court: a remarkable document

January 24, 2014

This is the full text of Xu Zhiyong’s closing statement to the Court on January 22, 2014, at the end of his trial in China. According to his lawyer, he had only been able to read “about 10 minutes of it before the presiding judge stopped him, saying it was irrelevant to the case.” For historical reason the full text of his long statement (translated by a group of volunteers) “For Freedom, Justice and Love” follows below: Read the rest of this entry »

Chinese prosecutors charge Human Rights Defender Xu Zhiyong with disturbing public order

December 15, 2013

On 15 December the Latin American Herald reported that the founder of a Chinese civil rights group known as the New Citizens’ Movement has been formally charged with disturbing public order and could face trial this month. The charges against Xu Zhiyong, whose group promotes upholding the Chinese constitution and reigning in the power of Communist Party leaders, were filed at the recommendation of the Beijing police, according to the China Human Rights Defenders organization.Dissidents who attempt to mount protests in China are frequently charged with disrupting public order. Xu’s attorney, Zhang Qingfang, said it was suspicious how quickly the prosecutor’s office filed the charges after receiving the police’s recommendation, adding that authorities may want the trial held over the Christmas holidays so there is less international media attention. Beijing police said Xu, who was arrested in August, “used tactics to organize and carry out a series of criminal activities, including distributing prohibited pamphlets in public places and organizing disturbances outside government installations.” The charges against Xu come shortly after another activist from that same movement, high-profile businessman Wang Gongquan, pleaded guilty to “disrupting public order” a few months after his arrest. The former close associate of Xu’s said he would cut ties with the founder of the New Citizens’ Movement, the South China Morning Post reported earlier this month, citing two sources familiar with the case.

via Latin American Herald Tribune – Chinese Prosecutors Charge Activist with Disturbing Public Order.

Kazakhstan: Human rights defender Zinaida Mukhortova released from psychiatric confinement

November 4, 2013

On 1 November 2013, human rights defender, Zinaida Mukhortova, was released from Astana Medical Centre for Psychological Health in Kazakhstan. As reported in this blog earlier she had been detained in psychiatric confinement since 9 August 2013 in Balkhash and was transferred to Astana on 30 September 2013 for psychological testing. Since her detention, Zinaida Mukhortova  has been subjected  to forced psychiatric confinement and treated against her will.  Zinaida Mukhortova is a human rights lawyer with more than 10 years’ legal practice. Through her work, she has denounced cases of corruption and interference of political interests in the judiciary.

To find out more about the legal proceedings taken against Zinaida Mukhortova, please see update of 9 October 2013, http://www.frontlinedefenders.org/node/23924 byFrontline NEWlogos-1 condensed version - cropped

 

Cynthia Gabriel, HRD working for Suaram, harassed in Malaysia

August 20, 2013


Cynthia-Gabriel

The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), draw attention to the following situation in Malaysia.

According to the information received, on 7 August 2013, at 3.00pm, Cynthia Gabriel,  Read the rest of this entry »

China continues harsh line on dissent but one jailed HRD smuggles out video

August 11, 2013

Reuters reports that China has arrested an activist on a charge of subversion and the latest sign that the authorities are hardening their stance toward dissent. Yang Lin, 45, Read the rest of this entry »