Posts Tagged ‘Clement Voulé’

New Year, New Charges against Thai Protesters – the Lese-majesty law in Thailand

January 4, 2021

Thai authorities on 1 January 2021 made their 38th arrest of a pro-democracy activist in recent weeks under the country’s tough lèse majesté law as authorities crack down on the country’s unprecedented protest movement. That law, Section 112 of the Thai criminal code, forbids defamation of the king and provides for three to 15 years’ imprisonment for violations.The law had been dormant since King Maha Vajiralongkorn succeeded his father, King  Bhumibol Adulyadej, who died in 2016. The Thai government, though, is now using it to try to stamp out continuing protests calling for the government to resign, a new constitution and reform of the monarchy

Thailand’s authorities must stop targeting pro-democracy protesters with draconian legal action and instead enter into dialogue, according to the UN’s special rapporteur for freedom of assembly, who warned the country risks sliding into violence. Clément Voule said he had written to the Thai government to express alarm at the use of the fierce lese-majesty law against dozens of protesters, including students as young as 16.

“It is legitimate for people to start discussing where their country is going and what kind of future they want,” Voule said of the protests. “Stopping people from raising their legitimate concerns is not acceptable.”

So far, 37 people face charges of insulting the monarchy for alleged offences ranging from wearing traditional dress deemed to be a parody of the royals to giving speeches arguing that the power and wealth of the king should be curbed.

Anti-government protesters flash a three-finger salute – a gesture used adopted by protesters from the Hunger Games films – as they gather in support of people detained under the lese-majesty law at a police station in Bangkok.
Anti-government protesters flash a three-finger salute – a gesture used adopted by protesters from the Hunger Games films – as they gather in support of people detained under the lese-majesty law at a police station in Bangkok. Photograph: Narong Sangnak/EPA

Prominent protest leaders face an unusually high number of charges. This includes the student activists Parit Chiwarak, also known as Penguin, (12 charges) and Panusaya Sithijirawattanakul (six charges) and the human rights lawyer Anon Nampa (eight charges), who have given speeches calling for the power of the royals to be curbed.

The pro-democracy protest fundraiser Inthira Charoenpura
The pro-democracy protest fundraiser Inthira Charoenpura speaks from a stage outside Bang Khen police station in Bangkok. Photograph: Gemunu Amarasinghe/AP

Protesters – who have faced various other charges over recent months, including sedition – declined to participate in a government reconciliation panel in November, rejecting it as an attempt to buy time. The recent cases come after months of demonstrations in which protesters have made unusually frank and public calls for reform to the monarchy.

Benja Apan, 21, one of 13 people facing charges over a demonstration outside the German embassy in Bangkok, said legal action was unlikely to deter protesters from coming out in the new year. “I actually think it will bring more people out, because it is not fair,” she said.

The human rights group Amnesty International has launched a campaign calling on PM Prayut Chan-o-cha to drop charges pressed on a number of activists for their role in the pro-democracy movement and to repeal, or at least amend, Thailand’s draconian lèse majesté law. According to the campaign, at least 220 people, including minors, face criminal charges for relating to their actions in the pro-democracy movement. Activists are calling on government and monarchy reform, raising issues considered taboo and unprecedented in Thai society. Thailand must amend or repeal the repressive laws it is using to suppress peaceful assembly and the expression of critical and dissenting opinions.

Amnesty International is calling on people to take action and send a letter to the prime minister, calling on the Thai government to change their approach when handing the ongoing protests to protect human rights. Sample letter by AI’s campaign calls on Prayut to:

  • Immediately and unconditionally drop all criminal proceedings against protesters and others charged solely for exercising their rights to freedom of peaceful assembly and expression
  • Cease all other measures, including harassment, aimed at dissuading public participation in peaceful gatherings or silencing voices critical of the government and social issues
  • Amend or repeal legislation in order to ensure it conforms with Thailand’s international human rights obligations on freedom of peaceful assembly and expression, and to train state officials to carry out their duties confirming to Thailand’s obligation to respect, protect and fulfil the peaceful exercise of the rights to freedom of peaceful assembly and expression.

On Saturday 19 December 2020 Maya Taylor in The Thaiger had already reported that the United Nations High Commission for Human Rights has expressed shock and dismay at Thailand’s use of its strict lèse majesté law against a 16 year old pro-democracy activist. The UN High Commissioner for Human Rights’ spokesperson Ravina Shamdasani has called on Thailand to refrain from using the law against those exercising their right to freedom of speech, as she expressed alarm that a minor was being charged under the law. “It is extremely disappointing that after a period of 2 years without any cases, we are suddenly witnessing a large number of cases, and – shockingly – now also against a minor. We also remain concerned that other serious criminal charges are being filed against protesters engaged in peaceful protests in recent months, including charges of sedition and offences under the Computer Crime Act. Again, such charges have been filed against a minor, among others.”

“The UN Human Rights Committee has found that detention of individuals solely for exercising the right to freedom of expression or other human rights constitutes arbitrary arrest or detention. We also urge the government to amend the lèse majesté law and bring it into line with Article 19 of the ICCPR on the right to freedom of expression.”

Thailand’s Foreign Ministry spokesman has played down the UN High Commissioner for Human Rights’ criticisms over the kingdom’s enforcement of the Lese Majeste law.

See also in 2019: https://humanrightsdefenders.blog/2019/12/23/thailand-amnesty-and-un-rapporteur-agree-on-misuse-of-lese-majeste/

https://thethaiger.com/news/national/pro-democracy-movement-making-little-headway-monarchys-powers-remain-untouched

https://www.theguardian.com/world/2020/dec/27/un-thailand-protesters-royal-insult-law-lese-majesty

https://www.voanews.com/east-asia-pacific/new-year-new-charges-thai-protesters-slapped-royal-defamation-charges

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Bachelet and UN Rapporteurs at GA’s Third Committee 2019

October 18, 2019

In the Third Committee of the General Assembly this week UN experts and HC Bachelet said that freedom of peaceful assembly, global refugee protection, women’s civil liberties and the well-being of human-rights defenders are values under siege. [see also: https://humanrightsdefenders.blog/2019/10/13/third-committee-of-the-ga-also-has-a-lot-to-do-with-human-rights-defenders/]

“We are witnessing an increase in xenophobia, hate speech, push-backs on women’s equality and the rights of minorities,” warned Michelle Bachelet, United Nations High Commissioner for Human Rights, also highlighting the ever-widening gaps in global wealth and access to resources. Moreover, underfunding has hampered the growing workload of the entire treaty body system, she said. Committees do not have adequate resources to carry out inquiries into grave or systematic violations. This results in a “credibility crisis” for all treaty bodies — and a denial of justice for the victims of human-rights violations.

Among the day’s three other briefers was Obiora Chinedu Okafor, Independent Expert on human rights and international solidarity, who focused on the issue of human-rights based solidarity in global refugee protection. The current refugee “crisis” was not caused by large numbers of refugees, but rather by States’ unwillingness to accept refugees into their countries — evading their responsibilities. Moreover, the rise of extremist political parties is complicating the issue, he said, as the “alternative right” and other racist civil society groups target any kind of solidarity with refugees. Echoing those words, the Russian Federation’s delegate noted that certain extremist political parties are impeding the entry of refugees into the European Union, and that the Independent Expert’s report lay the blame for this squarely at the feet of foreign interference in internal State affairs.

In his presentation, Michel Forst, Special Rapporteur on the situation of human-rights defenders, highlighted that 431 defenders were killed in 2017 and 2018. With that in mind, combating impunity is not only a legal obligation of States, but also a moral one. He further noted that “98 per cent of the killings of rights defenders remain unpunished” and that unless impunity is ended, the violence against them will continue. A zero-tolerance policy towards such attacks must be adopted, and the lack of political will — and of State recognition of rights defenders — addressed. Reacting to those comments, several delegates raised questions about digital attacks on human-rights defenders, with Germany’s representative underscoring that female defenders of human rights often face particular threats, such as the publication of private information. Mr. Forst responded that he has found research by the Special Rapporteur on freedom of association and the Special Rapporteur on freedom of expression helpful in this context, with a particular focus on advocating for social network businesses to provide better protections. To concerns raised by an observer for the State of Palestine and the representative of Georgia, he noted that his subsequent report will make specific proposals to assist defenders living in fragile States, as well as those living in conflict or post-conflict situations. On defenders who live in isolated areas, he said they are often not given sufficient attention by the international community. Ambassadors should leave their capitals and go into these far-flung areas to see where these defenders work, he said. Those who work on sexual and reproductive health and rights often bear the brunt of attacks, while those working on gender identity are harassed and threatened

The Special Rapporteur on the rights to freedom of peaceful assembly and of association, Clément Nyaletsossi Voulé, also presented his report.

View Original

https://reliefweb.int/report/world/peaceful-assembly-refugee-protections-well-being-rights-defenders-under-siege-experts

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The NGO Forum and the 65th session of the African Commission on Human and Peoples’ Rights

October 11, 2019

The 65th Ordinary Session of the African Commission on Human and Peoples’ Rights will be held in Banjul, The Gambia from 21 October to 10 November 2019. The African Commission session will be preceded by the NGO Forum and 39th African Human Rights Book Fair, which will take place from 17 to 19 October 2019.​ The ISHR gives a preview:

What will happen during the NGO Forum and 65th ordinary session of the African Commission?

The NGO Forum

Like every year, ahead of this session of the NGO Forum, a training on advocacy particularly focused on regional and international mechanisms will be organised. This year’s training is organised by CIVICUS and will be held from 15 to 21 October 2019. It will consist of three different elements:

  • Advocacy training will be conducted by our partner in The Gambia, from 15 to 17 October
  • Participants will then attend the NGO Forum, which is held ahead of the ordinary sessions of the African Commission
  • The 65th session of the African Commission will open on 21 October and participants will have the opportunity to put the training into practice

The Forum on the Participation of NGOs in the Ordinary Sessions of the African Commission, also known as the ‘NGO Forum’ is an advocacy platform coordinated by the African Centre for Democracy and Human Rights Studies (ACDHRS) to promote advocacy, lobbying and networking among and between human rights NGOs, for the promotion and protection of human rights in Africa. The NGO Forum shares updates on the human rights situation in Africa by the African and international NGOs community with a view of identifying responses as well as adopting strategies towards the promotion and protection of human rights on the continent.

Issues such as:

  • Resilience strategies and protection of displaced human rights defenders
  • The situation of statelessness in Africa
  • The status of intersex and transgender refugees in Africa
  • The rights of internally displaced people during armed conflicts
  • The use of surveillance technologies to stifle protest, expression and privacy in Africa

The 65th ordinary session of the African Commission on Human and Peoples’ Rights

  • Panel discussions
  • The importance of civic space participation in the 2030 and 2063 agendas, 23 October, 9.30 to 11am.
  • Panel on the Protection of Human Rights Defenders with a focus on Protection Laws, 23 October, 3 to 4.30pm

During every session, special mechanisms from the African Commission present their activity report. These reports catalogue the activities and initiatives undertaken by each mechanism inter-sessionally and includes one by the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa. For the full programme, click here.

ISHR will also organise side events, such as Ending intimidation and reprisals against those cooperating with regional mechanisms in Africa on 22 October 2019, 17.30-19.00 in the Kairaba Hotel, Banjul, The Gambia. This side event aims at providing more visibility and clarity on the Special Rapporteur’s mandate on reprisals, to share some lessons learned from efforts to address reprisals and intimidation at the international level, and to hone in on what more can be done at the regional level. In particular, the event will be an opportunity for the Special Rapporteur to share key information on how to engage with the reprisal’s aspect of his mandate through the presentation of the mandate’s working documents in this regard.

Panellists:

  • Remy Ngoy Lumbu, African Commission’s Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa
  • Michel Forst, UN Special Rapporteur on the situation of Human Rights Defenders
  • Clément Voule, UN Special Rapporteur on Freedom of Association and Assembly
  • Madeleine Sinclair, ISHR New York Co-Director and Legal Counsel
  • A woman defender from Sudan

ISHR will monitor and report on key developments at the 65th ordinary session of the African Commission. Follow them on Twitter at @ISHRglobal, @ISHR_fr and at #ACHPR65.

https://www.ishr.ch/news/achpr65-alert-ngo-forum-and-65th-session-african-commission-human-and-peoples-rights

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Follow the African Commission on Human Rights through Kumulika

March 13, 2018

Clément Voulé, ISHR’s African advocacy director and Adelaide Etong, ISHR’s Africa advocacy consultant

Clément Voulé and Adelaide Etong (pictured above) introduce the new format of the Kumulika publication. To allow for a better understanding and overview of the developments at the African Commission on Human and Peoples’ Rights (the African Commission) during an entire year, the publication will now be issued once a year.

Through this yearly publication, ISHR will take a new approach to providing analysis and up to date news on what is happening, the developments and the outcomes of the sessions and the NGO Forum.

Last year the African Commission celebrated its thirty years of existence. The last session of the year was an opportunity to think back and reflect on how its work grew over the years and the challenges it faced while implementing its mandate to promote and protect human rights in Africa. It also allowed the Commission to acknowledge the importance of the work done by civil society organisations in support to the implementation of its mandate. These past thirty years NGOs have provided invaluable information on country situations and advocated tirelessly for the establishment of several special procedures of the Commission.

See also: https://humanrightsdefenders.blog/2015/04/22/ngo-forum-preceding-the-april-session-of-african-commission-on-human-and-peoples-rights/

Click here for the 61st session’s summary 

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African Commission leads way in designating a high-level focal against reprisals

May 19, 2014

On 16 May 2014 the International Service for Human Rights [ISHR] reports that the African Commission on Human and Peoples’ Rights has designated a high-level focal point to document and follow up on cases of intimidation and reprisals against human rights defenders that cooperate with the African human rights system. The spokesperson of the ISHR, Clement Voulé, welcomed the move and said: ‘The UN and its Member States should take note of the African Commission’s initiative and approve the designation of a high-level UN focal point’…‘Delegations in New York should also heed the call led by Botswana and joined by 56 States in Geneva in March to expedite this process and ensure a comprehensive, system-wide response to reprisals.’  While this is in itself good news and a step in the right direction, some caution is needed:

(1) The tasks of documenting, monitoring and encouraging effective Commission follow up on reprisals has been delegated to the existing African Special Rapporteur on Human Rights Defenders, Reine Alapini-Gansou [‘By designating me as a focal point, the Commission has acted on the need to strengthen its response to reprisals by monitoring cases and working with States to prevent recurrence and promote accountability’]. However, there is no indication that Commissioner Alapini-Gansou is given additional powers or resources.

(2) Almost all the African countries (except Chad and Morocco) supported the UN Resolution in the General Assembly last year that in fact blocked the creation of a focal point against reprisals in the United Nations. Courageous little Botswana may well have led a large group of countries with a statement in March 2014 at the Human Rights Council [http://www.ishr.ch/news/human-rights-council-has-duty-strengthen-response-reprisals] which favors such a UN-wide focal point, but how the African group will vote next time is far from clear. See more on: https://thoolen.wordpress.com/2014/01/08/un-general-assembly-indeed-defers-un-focal-point-on-human-rights-defenders/

Still, I hope we can all share the ISHR’s passionate statement that “Any other outcome will signal support for impunity for the perpetrators of reprisals and a betrayal of human rights defenders and others who engage with the human rights system”.

via African Commission designates high-level focal point to combat reprisals | ISHR.

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