share information on human rights defenders, with special focus on human rights awards and laureates
After more than eight years in the making, the documentary ‘The Cause of Progress’ will have its world première at the Sheffield international documentary festival on 11 June 2016. Preliminary versions of this film by Chris Kelly were shown in closed circles (see: https://thoolen.wordpress.com/2014/09/16/documentary-the-rights-of-others-shows-human-rights-defenders-in-cambodia-against-evictions/) but it has now been finalised. Read the rest of this entry »
On 2 May 2016, a broad range of 59 human rights and civil society organizations condemned the politically-motivated charging of six human rights defenders from a Cambodian human rights group, the country’s National Election Committee (NEC) and the United Nation’s Office of the High Commissioner for Human Rights (UNOHCHR). The targeting of these individuals, five of whom were sent to pre-trial detention today, is the latest escalation in a far-reaching government assault on civil society ahead of upcoming local and national elections, and is a clear reprisal for support provided by rights workers in a politically-sensitive case.
Four senior staff of the Cambodian Human Rights and Development Association (ADHOC) – Ny Sokha, Nay Vanda, Yi Soksan and Lim Mony – were today charged with bribery of a witness under Criminal Code Article 548 and sent to CC1 and CC2 prisons in Phnom Penh. In addition, former ADHOC staffer Ny Chakrya, recently appointed deputy secretary-general of the NEC, and UNOHCHR staffer Soen Sally were charged as accomplices to bribery of a witness (Criminal Code Articles 29 & 548). Ny Chakrya was sent to Police Judiciare (PJ) prison. If convicted, all six could be sentenced to between five and ten years’ imprisonment.
The six human rights defenders were summoned by the Anti-Corruption Unit (ACU) for questioning last week and all but the UNOHCHR staffer subject to at least four days of interrogation – firstly by the ACU and then by the prosecutor – in relation to a complaint signed by Khom Chandaraty, also known as Srey Mom. The complaint was lodged following her questioning by anti-terrorism police and a prosecutor about an alleged affair with deputy opposition leader Khem Sokha, after ADHOC responded to Srey Mom’s request for legal and material assistance. In the context of such support, ADHOC provided Srey Mom with $204 to cover food and transport costs, including to attend questioning by judicial authorities. This legitimate expenditure of a small sum of money to cover basic expenses of a client is now grotesquely being portrayed by the ACU as bribery and corruption.
The targeting of UNOHCHR staffer Soen Sally by the ACU and the court has disregarded his diplomatic immunity as an employee of the United Nations. The ACU, and later the Prime Minister himself, both argued that Soen Sally does not enjoy such protection.
The case is a farcical use of both the criminal justice system and state institutions as tools to intimidate, criminalise and punish the legitimate activities of human rights defenders and civil society. The ACU was created to tackle the endemic corruption prevalent in Cambodia, not to operate as a vehicle for government repression of civil society. The involvement of Ministry of Interior Central Security officers alongside ACU personnel dealing with the case clearly demonstrates the securitization of civil society activities.
Under international human rights law, including treaties that Cambodia has ratified, Cambodia is legally bound to respect and protect the human rights of all people under its jurisdiction, including the rights to freedom from arbitrary deprivation of liberty, and freedom of expression, association and peaceful assembly.
“The charges brought against the six human rights defenders are blatantly politically-motivated and a direct attack against those serving people who fall prey to Cambodia’s government,” said Naly Pilorge, LICADHO director. “These mounting attacks represent an alarming tightening of the noose around civil society and those who work to uphold human rights, and clearly show that the government’s ultimate aim is total control ahead of the upcoming elections.”
Civil society reiterates its strong condemnation of the charges, demands the release on bail of the five and reaffirms the rights and fundamental freedoms of peaceful human rights defenders to conduct their activities free from threats and punishment. We further call for the judicial investigation to be conducted impartially and call for an end to executive interference in the judiciary.
This statement is endorsed by:
On 28 April 2016, 27 non-governmental organisations (NGOs) had already signed a joint statement calling on the authorities to cease harassment of human rights defenders [http://www.transparency.org/news/pressrelease/transparency_international_calls_on_the_cambodian_authorities_to_stop_haras]
For earlier posts on Cambodia: https://thoolen.wordpress.com/tag/cambodia/
Sources:
https://www.hrw.org/news/2016/05/03/cambodia-cease-campaign-curtail-rights-monitoring
http://www.phnompenhpost.com/national/kem-sokha-summonsed-over-sovantha-suit
Six environmental activists from around the world received the prestigious Goldman Environmental Prize at a ceremony in San Francisco on 18 April 2016. This prize does not always go to human rights defenders in the traditional sense of the word, but several well-known ones are among the recipients such as the recently killed Berta Carceres [https://thoolen.wordpress.com/2016/03/07/exceptional-response-from-ngo-world-on-killing-of-berta-caceres/]. This year’s winners are: Read the rest of this entry »
International human rights day is an occasion for a multitude of local activities, some denouncing violations others quietly remembering, some (trying to) march in the streets, others issuing statements. This anthology of 10 such events is far from complete but gives an idea of the variety, from human rights defenders speaking out to governmental institutions ‘celebrating’ …. Read the rest of this entry »
In a few recent posts I drew attention to the trend of shrinking space for NGOs in countries such as Russia, Kyrgyzstan and Cambodia [https://thoolen.wordpress.com/2015/05/21/draft-laws-on-civil-society-restrictions-also-pending-in-kyrgyzstan-and-cambodia/]. On 9 May 2015, The Economist’s column on Asia (Banyan) was devoted to the same issue, concluding that “Democratic Asian governments as well as authoritarian ones crack down on NGOs“. Under title “Who’s afraid of the activists?” it mentions China, Cambodia, India, Pakistan, Sri Lanka, Bangladesh, Kyrgyzstan and Tajikistan.
It lists the usual ‘complaints’ that both authoritarian and democratic leaders use against the activities of NGOs, which range from:
E.g. the Indian home ministry claims that 13 billion $ in foreign money has gone to local charities over the past decade and that 13 of the top 15 donors were Christian outfits. Interestingly, similar complaints come from the biggest Indian NGO, Rashtriya Swayamsevak Sangh (RSS), which itself has “strong foreign links, draws on an Indian diaspora in America and elsewhere for support, and dishes out help across borders, such as in Nepal following last month’s earthquake”.
Quite rightly the article concludes that in the long run, such limitations only rally political opponents, while (local) NGOs may face close scrutiny themselves one day (when the Government has changed hands): “Battering-rams, after all, have two ends.”
Human rights defenders find it difficult to function with a fair and functioning legal regime for the creation and administration of associations (NGOs). In my post of yesterday on Russia I drew attention to the draft law declaring some NGOs ‘undesirable”. Today Human Rights Watch (HRW) called on Kyrgyz lawmakers in the coming days not to follow Russia’s bad example of passing a Foreign Agents law [see also my earlier: https://thoolen.wordpress.com/2013/09/13/kyrgyzstan-follows-bad-example-set-by-russia-foreign-agents/].
And also today Front Line and the Observatory for the Protection of Human Rights Defenders (a joint OMCT-FIDH programme) ask the Cambodian Government to withdraw its draft law on civil society which would create many uncertainties and restrictions. The NGOs trace the lack of consultation in the process of law- making (since 2010) and conclude that the draft law as it stands will be used arbitrarily to restrict the legitimate work of human rights organisations.
The text of the Open Letter by the Observatory can be viewed at: Open Letter – Cambodia : Draft law on civil society.
Samah Hadid – a human rights activist from Australia – writes on 6 March that the following women human rights defenders are worth knowing more about. I have abridged her text a bit:
This year’s International Women’s Day [IWD] is dedicated to women who ‘Make it Happen’, and plenty of women come to mind who embody this theme. As attacks on women human rights activists and defenders continue to rise, I think this IWD is a perfect time to celebrate the women who are champions for the freedom of others.
Salwa Bugaighis- lawyer and political activist from Lybia
Salwa was shot dead in 2014 and her assassination left me and many worldwide devastated. Salwa was a courageous lawyer who from a young age pushed for democracy in Libya. She was actively involved in Libya’s revolution and has been described as the “Libyan human rights activist who took on Gaddafi”. Salwa was also actively involved in Libya’s post-revolution transition, calling for the inclusion of women in this process. At every chance, she pushed for national reconciliation in the troubled country. We can all take inspiration from Salwa’s courageous activism. Her commitment to peace and freedom is a legacy we should all aspire to.[see also: https://thoolen.wordpress.com/2014/06/29/human-rights-lawyer-salwa-bugaighis-killed-in-libya/]
Mu Sochua- politician and women’s rights advocate from Cambodia
Mu Sochua grew up during the reign of the brutal Khmer Rouge in Cambodia. She was forced into exile and returned to rebuild her country. As the Minister of Women’s Affairs, Mu advocated to end human trafficking and the exploitation of female workers, and drafted crucial laws on ending violence against women. Standing strongly behind her principles, Mu stepped down as minister and decided to become an opposition figure in light of government corruption and repression. As a result, Mu has faced, and continues to be threatened with, imprisonment for criticising the government and Prime Minister.
Gillian Triggs- president of the Australian Human Rights Commission and legal expert
The head of Australia’s Human Rights Commission has recently faced an onslaught of politically driven attacks and abuse from leading politicians, including the Australian Prime Minister, for her human rights advocacy. Triggs, a highly accomplished lawyer and academic, has been unfairly targeted for promoting and protecting human rights, particularly on the issue of asylum seeker children locked up in immigration detention. Yet in the face of political pressure and relentless attacks by the government, she remains determined to fulfil her mission of protecting human rights in Australia.
Rebiya Kadeer- Uyghur activist and leader
Rebiya is many things: businesswoman, mother of eleven children, political leader and, let’s face it, one of China’s fiercest freedom fighters. As a member of the persecuted ethnic Uyghur minority in China’s Xinjiang region, Rebiya has spent her life campaigning for the rights of Uyghurs. Her activism has come at a price; Chinese authorities sentenced her to eight years in prison for her work and she was later forced to live in exile. Despite this, Rebiya – who is known as the ‘Mother of the Uyghur nation’ – has not been silenced by Chinese authorities and continues her activism at the age of 60! [see also: https://thoolen.wordpress.com/2013/09/19/challenges-for-human-rights-education-at-side-event-council-on-25-september/]
Yara Sallam- feminist activist and human rights lawyer from Egypt
At the age of 28, Yara is a leading human rights activist in Egypt. Her commitment to defending human rights, especially women’s rights in Egypt, is inspiring for a fellow young Arab woman like myself . As a feminist, she has championed greater space for women to exercise their civil and political rights and to be free from sexual violence. Yara was recently sentenced to two years in prison for attending a protest in Egypt, where it is now illegal for citizens to effectively exercise their right to protest. Even from prison, Yara continues to champion the causes of vulnerable women who have been detained and imprisoned.[for more on her: https://thoolen.wordpress.com/tag/yara-sallam/]
Nimko Ali- anti-FGM campaigner in the UK
Nimko is survivor of female genital mutilation and a fierce campaigner who leads the anti-FGM campaign in the UK. She has propelled the issue onto the front pages of newspapers and into the halls of parliament, advocating for stronger legislation and policy changes. She is a co-founder and director of Daughters of Eve, a not-for-profit raising awareness about FGM and providing support to survivors of FGM. Nimko has faced verbal and physical attacks for speaking out and yet her advocacy remains steadfast. Nimko considers herself a survivor, not a victim. Her fighting spirit is one we can all learn from. I certainly have.
UN Rapporteur Surya P. Subedi will carry out an official visit to Cambodia from 17 to 25 January 2014. This is Mr. Subedi’s last mission in his capacity as the Special Rapporteur on the situation of human rights in Cambodia as appointed by the UN Human Rights Council. He is expected to meet with the Prime Minister and other senior members of the Government as well as human rights defenders, representatives from civil society organisations and communities as well as the UN Country Team and the donor community.
Since his appointment as Special Rapporteur in March 2009, Mr. Subedi has made eleven visits to Cambodia and has presented seven reports to the UN Human Rights Council. He is completing his full term of six years in this position in March 2015 when a new mandate holder will be appointed.
Final fact-finding mission to Cambodia | Scoop News.
For earlier posts on Cambodia: https://thoolen.wordpress.com/tag/cambodia/
The Special Rapporteur’s latest report to the Human Rights Council (A/HRC/24/36): http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session24/Pages/ListReports.aspx
On Human Rights Day, FIDH reports that Chan Soveth, a prominent Cambodian human rights defender, has died at the early age of 51. He was a senior investigator at the Cambodian Human Rights and Development Association (ADHOC, a member organization of FIDH). “Chan Soveth was a voice for the voiceless. For decades, he selflessly worked for victims of human rights violations and abuses, in particular the poor and those living in remote areas, which ADHOC managed to reach out to”, said Karim Lahidji, FIDH President. “Soveth’s death is a great loss for his family, his colleagues and Cambodia’s human rights community, but the heritage of courage and commitment he left will last for generations”.
On many occasions, Soveth’s human rights work and personal commitment had caused him to be subjected to threats, intimidation and reprisals in the form of judicial harassment. In 2012, he had been forced to stay outside his country for several months. Upon his return, despite receiving another summon to appear before Cambodia’s flawed judicial system, and thus, despite the risk of being arbitrarily detained, he had decided to stay in Cambodia, amongst his fellow countrymen. Soveth relentlessly fought against human rights violations – from land grabbing and violations of people’s and communities’ rights to food, water or housing, to extrajudicial killings, arbitrary detention, torture, and violations of the rights to free expression and free assembly. He was not only a great investigator, trainer and human rights advocate, but also an inspiration to many. He was always eager to improve his impressive human rights and professional skills and to celebrate successes.
Cambodia and the community of human rights defenders lose a (…).
more details in: http://www.phnompenhpost.com/national/rights-warrior-passes-age-51
On 24 November 2014 the Jury of the Martin Ennals Award for Human Rights Defenders (MEA) published a letter expressing concern by all 10 NGOs on the Jury about the charges against its 2012 Laureate. Here is the text:
The Martin Ennals Award Jury (Listed Below) is extremely concerned about the flawed and protracted judicial proceedings being used to threaten renowned human rights defender (HRD) Venerable Loun Sovath. He is scheduled to face trial on November 25, 2014. Venerable Sovath is internationally known as the “multimedia monk,” and his efforts to voice the human rights abuses suffered by land communities and HRDs in Cambodia have been recognized globally. The charges brought against Venerable Sovath are groundless and must be dropped immediately.
Venerable Sovath was awarded the 2012 Martin Ennals Award for Human Rights Defenders. The award was created in 1993 to honor and protect individuals who demonstrate exceptional courage in defending and promoting human rights.
Despite international recognition Venerable Sovath has continually been targeted by religious and legal authorities in Cambodia. He has been subjected on numerous occasions to threats of imprisonment, verbal abuse, death threats, and defrocking, among others.
As part of a wave of arrests, trials, and convictions of social activists and peaceful demonstrators, this case is the renewal of an old case in which Venerable Sovath was charged with incitement to commit a felony [1] for allegedly inciting and leading demonstrations by victims of land conflicts against government authorities in Chi Kreng, Siem Reap, and Boeung Kak lake, Phnom Penh. The trial is now scheduled for November 25, 2014. If convicted, Venerable Sovath faces up to two years in prison and a fine of US$1,000, equivalent to over 4,000,000 Cambodian Riels.
….. The vagueness of the charges and lack of clarity surrounding the legal process raise significant concerns. The Martin Ennals Award Jury calls on the Government of Cambodia to ensure any legal processes are handled in accordance with the principles of the rule of law.
Martin Ennals Award Jury:
– Amnesty International,
– Human Rights Watch,
– Human Rights First,
– Int’l Federation for Human Rights (FIDH),
– World Organisation Against Torture (OMCT),
– Front Line Defenders,
– International Commission of Jurists,
– EWDE Germany,
– International Service for Human Rights,
– HURIDOCS.
[1] Cambodia Criminal Code, Article 495 (imposing criminal liability for “Incitement to commit a felony or to disturb social security…”).
Hans Thoolen on Human Rights Defenders and their awards 