criminalisation | Hans Thoolen on Human Rights Defenders and their awards

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The dangers confronting human rights defenders in the United States

December 2, 2024

On 27 November, 2024 Amelia Shindelar (managing director of the Human Rights Initiative at the University of Minnesota) published in Open Global Rights an assessment of the situation of n HRDs in the USA: From grief to activism: The dangers confronting human rights defenders in the United States

Human rights defenders who have lost loved ones to law enforcement violence face additional traumas and risks. These activists need safety and support for their mental and physical well-being.

…HRDs are at high risk of adverse health and safety outcomes. They face significant mental health challenges, particularly when the defenders are from a marginalized community and work on issues related to their identities and their communities. Through a series of interviews with HRDs involved in the anti-law enforcement violence movement, my research team learned about the particular risks faced by HRDs in the United States who have lost a loved one to law enforcement violence.

The most recognised risk to HRDs is the threat to their physical safety. This danger can take various forms, including direct violence and assault, ranging from beatings to torture and abduction at the hands of both state and non-state actors. Tragically, hundreds of HRDs are killed each year. Front Line Defenders reported over 300 killings in 2023 alone, and this figure likely underestimates the true toll.

While not as often discussed, other risks are just as severe. These include the criminalization of protest and activism, spurious lawsuits, or legal proceedings designed to hinder their work and drain their resources. Ostracization and or stigmatization within their communities leads to social isolation. The chronic stress and trauma associated with human rights work can have severe mental health consequences.

The unique struggles of defenders who have lost loved ones to law enforcement violence

In the United States, HRDs who have lost family members or loved ones to law enforcement violence face an exceptional set of traumatizing experiences that go beyond the already significant challenges associated with the loss of a loved one to violence. We identified four common risk factors that contribute to this:

1. Dehumanization and criminalization by the media

Traditional media often relies on official statements from law enforcement, which emphasize perceived threats and reinforce that the officer is justified in their use of force. Victims of law enforcement violence are regularly portrayed as criminals in an effort to justify their deaths and shift the focus elsewhere.

Shortly after the death of her son in 2022, Monique Johnson shared with us her experience of how the media portrayed the situation, saying, “They always put their own narrative out there so that people think that he’s the bad guy.” Monique’s experience mirrors that of all the other activists that we interviewed. This negative portrayal can have severe consequences, including exacerbating grief, traumatization, and a loss of social support, as community members withdraw their assistance based on these representations.

2. Recurring exposure to law enforcement violence

Each new incident of violence reopens the wounds. With over 1,000 people killed by law enforcement in the United States each year, the reminders are frequent and painful. Cindy Sundberg, whose son Tekle was killed in 2022, vividly described her experience: “Each event and each killing is like you just open up the wound, and they take a knife and stir it up. And you are just oozing pain.”

In the cases that receive substantial media attention, there’s an added layer of daily trauma. Courteney Ross, George Floyd’s fiance, described this experience: “It never stops. I know loss and grief don’t stop, but when you are faced with literally a symbol of your loved one’s murder every single day, it’s exhausting. It’s just—it’s fearful; it’s anxiety ridden.”

This recurring exposure leads to chronic stress, keeping defenders in a state of heightened alertness that can have severe physical and mental health consequences and affect their ability to process their grief and trauma.

3. Surveillance and harassment by law enforcement

Many HRDs report surveillance or harassment by law enforcement following the death of their loved ones, ranging from increased police presence in their neighborhoods to overt acts of intimidation. Such experiences contribute to a pervasive sense of fear and insecurity.

Matilda Smith shared her experience of constant fear after the officer who killed her son moved into her apartment building: “I was afraid for my life, and my daughter was, and my son as well.” This anxiety led her to move to a different part of town, but the feeling of being watched persisted. The psychological impact of surveillance can be severe, leading to a constant state of alertness and paranoid thoughts and behaviors.

4. Negative consequences of activism

All of the affected individuals with whom we spoke turned to activism to find purpose and healing after the death of their loved ones. As demonstrated by the examples above, among others, activists face multifaceted risks. “I’ve known people in this work that have died of a broken heart,” said Jeralynn Brown-Blueford, co-founder of the Alan Blueford Foundation. Other interviewees also described the emotional, physical, financial, and social toll of their work.

Activism can involve difficult physical labor; carrying protest materials for long distances, building temporary blockades, setting up and taking down sound systems and event spaces, and distributing supplies and resources are just a few examples. Marilyn Hill, whose son was killed in 1997 and has since been active in the anti-law enforcement violence movement, talked about the physical toll the work takes: “I had to load and unload and pick up heavy things…I ended up with a hole in my stomach, and it got bigger and bigger. I ended up having the most excruciating surgery that left me in a nursing home for a month after the surgery.”

The intense focus on activism can strain family relationships. According to Colette Flanagan, founder of Mothers Against Police Brutality, “People get confused; they don’t know what to do when you fight against the policeman. It has damaged our family. I basically lost my daughter. We’re estranged—we haven’t spoken in ten years.” Family estrangement can lead to a loss of crucial support systems, leaving defenders more vulnerable to burnout and emotional exhaustion.

Conclusion

Understanding the risks faced by HRDs in the United States is crucial not only for supporting individual defenders but also for ensuring the sustainability of human rights movements. As the rights community continues to grapple with issues of systemic injustice and human rights violations, we must recognize the human cost borne by those on the front lines of these battles and work towards creating safer, more supportive environments.

Her research focuses on the protection, security, and well-being of human rights defenders.

https://www.openglobalrights.org/from-grief-to-activism-the-dangers-confronting-human-rights-defenders-in-the-united-states/

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Tags: Amelia Shindelar, criminalisation, Human Rights Defenders, judicial harasment, police brutality, risk, USA

Human rights defenders in Brazil disappointed by Lula and Mary Lawlor agrees with them

April 24, 2024

On 19 April 2024 – Indigenous Peoples Day in Brazil – tribal leaders and activists used the occasion to criticize government of Brazilian President Luiz Inácio Lula da Silva for falling short on promises to safeguard native land rights.

This is revolting for us Indigenous peoples to have had so much faith in the government’s commitments to our rights and the demarcation of our territories,” Alessandra Korap Munduruku, a member of the Munduruku people and a 2023 winner of the prestigious Goldman Environmental Prize, told Amazon Watch in a statement published Friday.

“We hear all of these discussions about environmental and climate protection, but without support for Indigenous peoples on the front lines, suffering serious attacks and threats. Lula cannot speak about fighting climate change without fulfilling his duty to demarcate our lands,” she added.

On the same day United Nations Special Rapporteur on the situation of human rights defenders, Mary Lawlor said that Brazil needs to prioritise the demarcation and titling of land – the root cause of most attacks against human rights defenders in the country.

“Human rights defenders are under extreme threat in Brazil. The Federal Government knows this but has so far failed to put the structures in place to provide them with better protection and tackle the root causes of the risks they face,” said Mary Lawlor, in a statement following an official visit to the country.

Brazil’s Federal Government recognises human rights defenders and their work, and understands the risks they face, the expert noted. However, when human rights defenders challenge structures of power that impose and reinforce injustice, they are violently attacked and face an extremely high level of risks, she said. “Again and again during my visit I heard from defenders who had survived assassination attempts, who had been shot at, had their houses surrounded, had death threats delivered to their door. I heard from defenders whose work had been criminalised,” Lawlor said.

“The defenders most at risk in Brazil are indigenous and quilombola people and members of other traditional communities. In many cases, perpetrators of the attacks are known. Yet, there is rampant impunity for these crimes,” the expert said.

The UN expert said business and markets play a key role as drivers of conflicts, putting human rights defenders at risk. “The demarcation and titling of indigenous, quilombola and other traditional peoples’ land, as well as the revision of the legality of all existing concessions given to companies must be prioritised,” she said.

Lawlor said that in urban areas, human rights defenders were also being attacked, defamed and heavily criminalised, specifically black women human rights defenders, journalists, popular communicators and lawyers, and social and cultural workers.

“The conflation of human rights defenders with criminals by local authorities – in particular defenders who are part of social movements and supporting the most vulnerable in society – is a clear problem and must end,” the expert said.

A protection programme to address situations of risk for human rights defenders has been in place in Brazil for some time. However, Lawlor said it was currently unfit for purpose and needs radical reform and expansion. Lawlor applauded the Federal Government for re-opening the door to human rights defenders and civil society in the design of policy that affects them and encouraged authorities to not abandon these efforts.

“The Federal Government needs to match the courage of human rights defenders in the country – and it must do so now,” Lawlor said.

On 22 April 2024 Maria Laura Canineu HRW’s Deputy Director, Environment and Human Rights, said she wanted to use this quilombolaas an opportunity to celebrate the work of the courageous people who put themselves at risk fighting for a world in which people and the planet can thrive. “I personally would like to honor Osvalinda Marcelino Alves Pereira. Sadly, she passed away from a long-standing illness just over a week ago.”

https://reliefweb.int/report/brazil/united-nations-special-rapporteur-situation-human-rights-defenders-mary-lawlor-brasilia-19-april-2024-enpt

Download Report (PDF | 213.1 KB | Statement – English version)

https://www.commondreams.org/news/lula-indigenous-rights

https://www.hrw.org/news/2024/04/22/earth-day-homage-beloved-forest-defender

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Tags: Alessandra Korap Munduruku, Brazil, climate-change, criminalisation, Earth Day, environment, environmental defenders, human rights, Human Rights Defenders, indigenous groups, land rights, Mary Lawlor, Osvalinda Marcelino Alves Pereira, President Lula, quilombola, UN Special Rapporteur on Human Rights Defenders

Abuse of counter-terrorism laws threaten human rights globally, warns UN expert

March 13, 2024

On 12 March 2024 the recently appointed UN Special Rapporteur on the promotion and protection of human rights while countering terrorism, Ben Saul, warned that two decades of prolific global efforts to counter terrorism have not been matched by an equally robust commitment to human rights.

In his first report to the Human Rights Council, the Special Rapporteur painted a counter-terrorism landscape strewn with human rights violations, including unlawful killings, arbitrary detention, torture, unfair trials, privacy infringements from mass surveillance, and the criminalisation of freedoms of expression, assembly, association and political participation. For earlier posts on this topic, see: https://humanrightsdefenders.blog/tag/anti-terrorism-legislation/

“The misuse of counter-terrorism measures not only violates the rights of suspected criminals but can also jeopardise the freedoms of the innocent,” Saul said.

He condemned the rampant weaponisation of overly-broad terrorism offences against civil society, including political opponents, activists, human rights defenders, journalists, minorities, and students. Unjustified and protracted states of emergency continue to undermine human rights, the expert warned.

“Excessive military violence in response to terrorism also destroys fundamental rights, including through violations of international humanitarian law and international criminal law,” Saul said. “Cross-border military violence is increasingly used by states even when it is not justified under the international law of self-defence.”

“Many states have also failed to address the root causes of terrorism, including state violations of human rights – while impunity for those violations is endemic,” he said.

Saul said regrettably, the UN has been part of the problem, by encouraging authoritarian regimes to strengthen counter-terrorism laws in the absence of a rule of law culture or human rights safeguards. “The UN must also do better to meaningfully consult civil society on counter-terrorism,” he said.

Announcing his priorities for his three-year term, the Special Rapporteur said his focus would include ensuring regional organisations respect human rights when countering terrorism; all coercive administrative measures used to prevent terrorism comply with human rights; and States are held accountable for large-scale violations of human rights resulting from counter terrorism – and victims receive full and effective remedies.

Saul will also continue the efforts of his predecessor on preventing the abuse of counter-terrorism measures against civil society; protecting the 70,000 people arbitrarily detained in north-east Syria in the conflict against ISIL; protecting detainees and transferees from the detention facility at Guantánamo Bay, Cuba; ensuring that the UN safeguards human rights in its counter-terrorism work, regulating new technologies used in counter-terrorism; and protecting the victims of terrorism.

“Human rights in counter-terrorism are at increased risk because of rising authoritarianism, surging domestic polarisation and extremism, geopolitical competition, dysfunction in the Security Council and new tools, including social media, for fuelling dehumanisation, vilification, incitement and misinformation,” the Special Rapporteur warned.

“Double standards and selectivity by major powers in the enforcement of human rights is also eroding public confidence in the credibility of the international human rights system,” he said. “States must move beyond rhetorical commitment to human rights and instead place human rights at the heart of all counter-terrorism measures.”

Statements Statement of the mandate of the United Nations Special Rapporteur on the promotion and protection of human rights while countering terrorism

Statements Human Rights Council discusses the protection of human rights while countering terrorism

Statements UN Office of Counter-Terrorism Town Hall meeting, Statement by Michelle Bachelet, UN High Commissioner for Human Rights

https://www.ohchr.org/en/press-releases/2024/03/rampant-abuse-counter-terrorism-laws-threaten-human-rights-globally-warns-un

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Tags: 55th session of the UN Human rights Council, anti-terrorist laws, Ben Saul, criminalisation, fair trial, human rights, news, security, Special Rapporteur, terrorism, UN, UN Special Rapporteur on the promotion and protection of human rights while countering terrorism, United Nations

State repression of environmental defenders ‘a major threat’ to human rights

March 4, 2024

In a landmark paper, the UN Special Rapporteur on Environmental Defenders under the Aarhus Convention warns that the continued State efforts to repress and criminalise environmental protests, including direct action and civil disobedience, are a threat to fundamental freedoms and democracy itself.

The world is currently facing a triple planetary crisis and despite this alarming and unprecedented situation, States are failing to meaningfully address it. In response to this, environmental human right defenders (EHRDs), Indigenous Peoples, peasants movements and civil society from around the world have exercised their right to peacefully protest and participate in demonstrations to pressure their governments into taking concrete actions.

Some of these demonstrations have taken the form of civil disobedience which has been disproportionately repressed by governments and law enforcement officials.

On 28 February 2024 Michel Forst, the UN Special Rapporteur on Environmental Defenders, published a position paper highlighting a trend towards the repression and criminalisation of defenders engaging in environmental protests and civil disobedience in Europe, as well as an alarming toughening of stances against them in political discourse and the law enforcement and judicial practices. [The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters – known as the Aarhus Convention – was adopted in 1998. It aims to protect every person’s right to live in an environment adequate to his or her health and well-being.] See also: https://humanrightsdefenders.blog/tag/aarhus-convention/]

Forst also points to legislative attempts to ban specific organisations – citing France’s Soulèvements de la Terre, Spain’s Futuro Vegetal, or Letze Generation in Germany and Austria. These moves come alongside new or updated laws – including the UK’s ‘2022 Police, Crime, Sentencing and Courts Act’ and Italy’s 2024 ‘eco vandalism’ law -, which the paper says have virtually prohibited certain kinds of protests.

The Special Rapporteur flags how politicians demonise environmental movements engaging in civil disobedience, while national or pan-European intelligence services no longer hesitate to label peaceful groups or individuals as potential or genuine terrorist threats.

The paper also recognises that European States have been disproportionately and increasingly used criminal, administrative and civil measures against environmental human rights defenders recurring to civil disobedience. This includes excessive and disproportionate use of force against them and extensive investigation and surveillance measures.

Other takeaways include the use of social media by State and non-state actors that have contributed to creating negative narratives against EHRDs and the challenges that defenders and activists face to access to justice.

While civil disobedience tactics have been recently used in protests related to climate justice, they have been constantly used to advocate for other legitimate causes including international solidarity, where States have also criminalised such moves.

This paper also comes shortly after the 25th anniversary of the UN Declaration of Human Right Defenders and it is a good reminder that civil disobedience is and should be recognised as a legitimate form of exercising the rights to freedom of expression and peaceful assembly.

States must stop criminalising human right defenders exercising these rights and focus on addressing the root causes of their mobilisation.

https://ishr.ch/latest-updates/state-repression-of-civil-disobedience-on-environment-a-major-threat-to-human-rights

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Tags: Aarhus Convention, activism, civil society activists, criminalisation, environmental defenders, environmental human right defenders (EHRDs), Europe, human rights, ISHR, news, protests, special rapporteur for environmental defenders for the Aarhus Convention

Side event ISHR on Guatemala: 7 March 2024

March 4, 2024

In recent years, Guatemala has witnessed a concerning erosion of its State institutions. The co-optation of the judicial system has resulted in the persecution of human rights defenders and justice operators, many of whom have had to flee the country. Despite the election of President Bernardo Arévalo, who led a campaign promising to re-establish the rule of law and fight corruption, the international community must continue to monitor the human rights situation in the country.

A side event – Human rights situation in Guatemala: From Rescuing Democracy to Guaranteeing Justice – aims to shed light on the recent socio-political developments in Guatemala, with a particular focus on the 2023 presidential elections and the dynamics of peaceful protest. It will explore the fragile state of the rule of law in the country and the significant human rights challenges it faces. A critical discussion will centre on the co-optation of the judicial system by criminal groups, which has led to the persistent criminalisation of justice operators and human rights defenders.

Additionally, the event will address the pressing crisis of forced evictions in Indigenous communities. These evictions, often driven by the interests of non-State actors like extractive companies and large-scale development projects, represent a form of cruel, inhuman, and degrading treatment, amounting to torture.

Speakers:

Clément Nyaletsossi Voule, UN Special Rapporteur on freedom of peaceful assembly and of association (TBC)

Lourdes Gómez Willis, Q’eqchi’-afrodescendant professor working on issues of Indigenous women defenders and the impacts of palm oil production

Bernardo Caal Xol, Mayan Q’eqchi community leader, teacher and environmental and land rights activist [see also: https://www.trueheroesfilms.org/thedigest/laureates/dff0ef4a-af52-4d2f-8ca3-be6d31968453]

Luis Haroldo Pacheco Gutiérrez, Ex-President of the Council of Communal Mayors of the 48 cantons of Totonicapán With the participation of

Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers

Sponsors: Centre for Civil and Political Rights, Franciscans International, Impunity Watch, ISHR, Protection international Mesoamérica, and Peace Brigades International.

Thursday 7 March, 14:00 – 15:00 (CET), Room XXV, Palais des Nations – Geneva
Language: English / Spanish

Download the flyer here

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Tags: 55th session of the UN Human rights Council, Bernardo Caal Xol, Clement Nyaletsossi Voule, criminalisation, Geneva, Guatemala, ISHR, Margaret Satterthwaite, news, Panel of Experts, Peace Brigade International, side event

Today: International Human Solidarity Day

December 20, 2023

UN experts today emphasised the need for the international community to support civil society groups expressing international solidarity in pursuit of peace and social justice and not to conflate international solidarity with antisemitism or islamophobia. It is a remarkably large group of UN experts (see below). They have issued the following statement:

We would like to raise public awareness about the need to support concrete actions by civil society groups that express international solidarity in our pursuit of peace and social justice.

The Universal Declaration of Human Rights, Article 1 establishes universal solidarity as the foundation for human rights: “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood [and sisterhood].”

Around the world, civil society groups have expressed international solidarity in marches and social media campaigns to call for peace and the protection of civilians in armed conflict. Moreover, they have also expressed international solidarity in pursuit of non-discrimination and equality (the core elements of positive peace) by advocating access to justice, truth, protection, and humane treatment for: children, women, members of the LGBTAIQ+ community, persons affected by leprosy (Hansen’s disease), persons with disabilities, racialized, indigenous groups, and other minorities subjected to violence, hate speech, and discrimination, families of disappeared persons, refugees and migrants, victims of terrorism/violent extremism and counter-terrorism/violent extremism measures, and the environment.

The recent significant engagement of people of all ages and diverse backgrounds in the expression of international solidarity is a powerful affirmation of the value of human rights as a narrative of emancipation in response to violence, oppression, and marginalisation.

It is imperative that civil society actors not be subject to censorship and reprisals for their expression of international solidarity, including loss of funding, loss of employment, arrest, attack, harassment, persecution, criminalisation, or other forms of penalisation.

Actions and expressions that promote transnational unity, empathy, tolerance, and cooperation are the elements of a strong culture of international solidarity in support of peace and social progress.

The most striking impact of the contemporary expressions of international solidarity is their embrace of the principle of humanity – the demand to protect life and alleviate human suffering. The combination of these two universal principles underscores the priority of exhausting peaceful dispute resolution mechanisms before using force.

We call on the international community to encourage International Solidarity expressions of civil society groups and human rights defenders that acknowledge that everyone should enjoy human rights without discrimination of any type. States should open civic spaces and refrain from criminalising non-violent actions and expressions that promote international solidarity. International Solidarity should not be conflated with antisemitism, islamophobia, or other movements that are examples of exclusionary, segregated unitary orientations which violate non-discrimination and equality principles.

International Solidarity promotes inclusion through bridge-building and invites everyone to stand up for peace as a fundamental premise for the enjoyment of human rights.”

https://www.ohchr.org/en/statements/2023/12/support-civil-societys-international-solidarity-efforts-peace-un-experts

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Tags: Civil society, civil society activists, criminalisation, Human Rights Defenders, International Human Solidarity Day, joint statement, peace, reprisals, solidarity action, UN, UN Special Rapporteurs

Climate Human Rights Defenders increasingly seen as eco-terrorists

October 15, 2023

Damien Gayle, Matthew Taylor and Ajit Niranjan in the Guardian of 12 October 2023 published the result of their research in Europe into using repressive measures to silence climate activists[see: https://humanrightsdefenders.blog/2023/10/04/human-rights-platform-at-the-gulbenkian-foundation-hears-michel-forst-worries-about-treatment-of-climate-defenders/]

In Germany, France, Italy, Sweden, the Netherlands and the UK, authorities have responded to climate protests with mass arrests, the passing of draconian new laws, the imposing of severe sentences for non-violent protests and the labelling of activists as hooligans, saboteurs or eco-terrorists. The crackdowns have come in spite of calls by senior human rights advocates and environmental campaigners to allow civic space for the right to non-violent protest, after a summer of record-breaking heat in southern Europe that is attributed to the effects of climate breakdown.

The UK has led the way in the crackdown, experts say, with judges recently refusing an appeal against multi-year sentences for climate activists who blocked a motorway bridge in east London. The three-year jail terms for Marcus Decker and Morgan Trowland earlier this year are thought to be the longest handed out by a British judge for non-violent protest.

Michel Forst, the UN rapporteur on environmental defenders since June last year [not really, for his correct title is the “Special Rapporteur on Environmental Defenders under the Aarhus Convention, Mr. Michel Forst” [see: https://humanrightsdefenders.blog/2022/07/22/aarhus-convention-on-environmental-information-gets-especially-experienced-rapporteur/], described the situation in the UK as “terrifying”. He added that other countries were “looking at the UK examples with a view to passing similar laws in their own countries, which will have a devastating effect for Europe”.

“Since my appointment I have been travelling to many countries in Europe and there is a clear trend,” Forst told the Guardian. “We can see an increasing number of cases by which these climate activists are brought to court more and more often and more and more severe laws being passed to facilitate these attacks on defenders.”

He added: “I’m sure that there is European cooperation among the police forces against these kinds of activities. My concern is that when [governments] are calling these people eco-terrorists, or are using new forms of vilifications and defamation … it has a huge impact on how the population may perceive them and the cause for which these people are fighting. It is a huge concern for me.”

Amnesty International said it was investigating a continent-wide crackdown on protest. Catrinel Motoc, the organisation’s senior campaigner on civil space and right to protest in Europe, said: “People all around the world are bravely raising their voices to call for urgent actions on the climate crisis but many face dire consequences for their peaceful activism.

“Peaceful protesters are left with no choice but to stage public protests and non-violent direct actions because European countries are not doing enough to tackle the climate crisis.

“There’s alarming evidence of criminalisation, harassment, stigmatisation and negative rhetoric towards environmental defenders.”

In June, Dunja Mijatović, the Council of Europe’s commissioner for human rights, also called for an end to crackdowns on environmental activists. Last December, Volker Türk, the UN’s high commissioner for human rights, appealed to governments to protect the “civic space” for young environmental activists, and “not crack down in a way that we have seen in many parts of the world”.

There was widespread outrage this summer when France’s interior minister, Gérald Darmanin, used one of the state’s most-powerful tools to order the banning of one of the country’s leading environmental protest groups. Les Soulévements de la Terre, a collective of local environmental campaigns, had staged a series of protests, with tactics including sabotage, that ended with violent confrontations with police, and Darmanin denouncing the activists as “far left” and “ecoterrorists”.

In the Netherlands, one of a series of roadblock protests on the A12 highway in The Hague in May was dispersed by police using water cannon, with more than 1,500 arrested. Seven climate activists were convicted of sedition – a charge that had never before been levelled against climate protesters – in relation to online posts calling for people to join an earlier demonstration.

In Sweden, about two dozen members of the Återställ Våtmarker [Restore Wetlands] group were convicted of sabotage for blocking highways in the capital, Stockholm. Others were held on remand for up to four weeks for taking part in protests.

In Germany in May, police staged nationwide raids against the Letzte Generation (Last Generation) group, whose supporters had glued themselves to roads on a near-weekly basis for months, as well as targeting art galleries and other cultural spaces. On a police directive, the homepage of the group was shut down and possessions belonging to members were seized.

At the most recent count, supplied by the activists, police had made more than 4,000 arrests of supporters of Last Generation taking part in road blocks in Berlin alone.

Authorities in Italy have used anti-organised crime laws to crack down on protests, where the Ultima Generazione (also Last Generation) group has staged road blocks since last year. The Digos police unit, which specialises in counter-terrorism, in April justified the use of anti-Mafia laws to target the group by saying its civil disobedience actions had not taken place spontaneously, but were organised, discussed and weighed up by an internal hierarchy. This came along with new, stiffer penalties for protests, with activists facing fines of up to €40,000 for actions targeting artworks and other cultural heritage.

Richard Pearshouse, director of the environment division at Human Rights Watch, said: “These restrictions on environmental protest across Europe and the UK are incredibly short-sighted. These governments haven’t grasped that we all have a huge interest in more people taking to the streets to demand better environmental protection and more climate action.

“Governments need to respect the rights to assembly and expression, and ramp up their own environmental protections and climate ambitions. That’s the only way we have a chance to get out of this climate crisis with our democratic institutions intact.”

A spokesperson for the UK Home Office said: “The right to protest is a fundamental part of our democracy but we must also protect the law-abiding majority’s right to go about their daily lives.

“The Public Order Act brings in new criminal offences and proper penalties for selfish, guerrilla protest tactics.”

The French interior ministry said local officials had the right to ban demonstrations with a serious risk of disturbing public order. “These one-off bans, of which there are very few in absolute terms, are not imposed because of the reason for the demonstration.”

The Italian interior ministry referred to a statement from the culture minister Gennaro Sangiuliano in April, who said attacks on monuments cause economic damage to the community that is is expensive to clean up. “Those who cause damage must pay personally.”

The German interior ministry declined to comment. The Bavarian interior ministry referred the Guardian to the public prosecutor’s office in Munich, which provided a statement from June in which it confirmed it had authorised the tapping of phones for six of seven Last Generation members under criminal investigation.

The Swedish interior ministry declined to comment. The Dutch ministry of justice did not respond to requests for comment.

https://www.theguardian.com/environment/2023/oct/12/human-rights-experts-warn-against-european-crackdown-on-climate-protesters

and later followed by:

https://globeecho.com/politics/climate-protesters-in-europe-face-a-massive-crackdown/

https://www.ohchr.org/en/statements-and-speeches/2023/10/environmental-rights-are-key-all-human-rights-turk-says

The Global Trend of Criminalizing Climate Activists

Posted in Human Rights Defenders | 1 Comment »
Tags: anti-terrorist laws, climate, criminalisation, eco-terrorists, environmental defenders, european region, freedom of demonstration, Guardian, Human Rights Defenders, Mary Lawlor, Volker Türk

HRDs from Hong Kong fear arrest warrants and bounty

July 19, 2023

On 13 July 2023 the ITUC has protested to the Hong Kong authorities, the ILO and the UN over its deep concern about the escalation in the climate of fear, intimidation, arrests, arbitrary prosecutions, threats for the exercise of trade union rights and civil liberties in Hong Kong.

In particular, the disproportionate and unwarranted extra-territorial application of the National Security Law to target trade unionists, human rights defenders and pro-democracy advocates by the Authorities of the Hong Kong Special Administrative Region (HKSAR) undermines its commitment to fulfil their international obligations.

The ITUC has called on the HKSAR Chief Executive Officer to respect and fully implement the conclusions and recommendations of ILO supervisory bodies and UN Human Rights bodies, in law and practice, including those regarding the National Security Law.

And he has been urged to release all those arrested and imprisoned for allegations related to the exercise of civil liberties including freedom of assembly, expression, press and association and those participating in pro-democracy activities.

On 4 July 2023, the HKSAR authorities announced, under the National Security Law, the issuance of arrest warrants against eight human rights defenders and pro-democracy advocates and placed a bounty of HK$ one million on each of their heads.

ITUC Acting General Secretary Luc Triangle said: “We unequivocally deplore the HKSAR authorities’ criminalisation and securitisation of trade union and democracy-promoting activities. We consider it particularly egregious, especially given the risks to life and safety faced by trade unionists, human rights defenders and pro-democracy advocates around the world for their legitimate activities, that the HKSAR authorities approved and announced a bounty on the heads of these eight people for exercising their civil liberties or trade union rights.

“As a special administrative region of a member State of the ILO, China, the HKSAR is also obliged to respect and promote the fundamental principles and rights at work including freedom of association and treat with the utmost regard, the authoritative guidance of the ILO’s supervisory bodies.”

The ITUC letter of protest sets out the recent findings of the ILO and other UN bodies on the abuse of workers’ and trade union rights by the HKSAR. It says that seeking to apply the National Security Law in an extraterritorial manner and placing a bounty on the heads of pro-democracy advocates and human rights defenders for alleged crimes related to the exercise of civil liberties and trade union rights is an overreach and certainly not proportionate – its coercive and chilling effective is wide ranging. With the use of the National Security Law in this disproportionate and arbitrary manner, the HKSAR authorities are violating their obligations under the Constitution of the ILO and Convention 87.

https://www.ituc-csi.org/hong-kong-bounty-en

https://www.ituc-csi.org/hong-kong-bounty-enhttps://www.ituc-csi.org/hong-kong-bounty-en

https://www.ituc-csi.org/hong-kong-bounty-en

Posted in human rights, Human Rights Defenders | 1 Comment »
Tags: Arrest warrant, bounty, China, criminalisation, extra-territorial, Hong Kong, ILO, ITUC, Luc Triangle, National Security Law, trade unionists

ISHR documents cases of reprisals in 23 countries for UN Submission

May 12, 2023

On 17 April 2023, ISHR sent its annual submission to the report of the UN Secretary-General on reprisals and intimidation against defenders engaging or seeking to engage with the UN and its human rights mechanisms. The submission presents a disturbing pattern of intimidation and reprisals in 23 countries.

ISHR’s annual submission to the report of the UN Secretary-General on reprisals demonstrates the need for the UN and States to do more to prevent and ensure accountability for intimidation and reprisals against human rights defenders and others cooperating or seeking to cooperate with the UN and its human rights mechanisms. ISHR’s submission outlines developments in the international human rights system, and documents a number of new cases, as well as follow-up on previously submitted cases.

“In order for the international human rights system to function to its fullest potential, human rights defenders must be able to share crucial information and perspectives, safely and unhindered. However, many defenders still face unacceptable risks and are unable to cooperate safely with the UN.” Madeleine Sinclair, New York Office Co-Director and Legal Counsel. “The vast majority of cases remain unresolved year after year. More must be done to ensure the efforts to document and address reprisals cases also include sustained and consistent follow up. Otherwise, the cost of carrying out reprisals remains too low, impunity reigns and perpetrators are further emboldened“.

The submission presents a disturbing pattern of intimidation and reprisals in 23 countries, with the addition this year of Algeria and France. Cases of reprisals featured in the submission range from States defaming and stigmatising defenders, to criminalising their work, but also to arbitrarily detaining, arresting and killing them.

In Israel, Palestinian defenders face ongoing intimidation and repression as reprisals for their cooperation with UN human rights mechanisms.
In Bahrain, the situation still shows no signs of improving, with human rights defenders continuing to be arbitrarily detained and denied timely and adequate medical treatment by the government.
In Algeria, Andorra, Cameroon and India defenders continue to be criminalised.
In China defenders are still facing online surveillance, harassment and enforced disappearance.
In Egypt, the United Arab Emirates, Venezuela and Yemen many more defenders face arbitrary detention, ill-treatment and criminalisation.

Other cases of reprisals include threats, harassment, hate speech, surveillance, property damage, disbarment, death threats, travel bans, enforced disappearances, unjustified raids, dissolution of associations, judicial harassment, smear campaigns, forced deportations, confiscation of travel documents, red tagging, denial of healthcare and family visits as well as accusations of terrorism, among others. Other countries cited in the report include cases in the Andorra, Bahamas, Bangladesh, Burundi, Djibouti, Equatorial Guinea, France, The Maldives, Morocco, Nicaragua, The Philippines, Russia, and Thailand.

ISHR also submitted follow-up information on a large number of cases, demonstrating that incidents of reprisals and intimidation are very rarely, if ever, adequately resolved.

This year, ISHR is running again its #EndReprisals campaign. The campaign will raise the profile of 6 cases (all included in the submission) and seek to achieve a more sustained attention on the issue of reprisals and follow-up of the cases throughout the UN system. In particular, we want the UN Secretary General to include all the reprisal and intimidation cases in his upcoming report and UN member States to use the opportunity of the interactive dialogue at the Human Rights Council on the Secretary-General’s report in September, as well as Item 5 debates at all sessions, to raise specific cases and hold their peers accountable.

Read the report

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Tags: annual Report of the Secretary General on Reprisals, criminalisation, intimidation, ISHR, Madeleine Sinclair, reprisals, submission requirements, UN Human Rights Council

Criticizing Kremlin leads to treason charges

October 8, 2022

Opposition activist Vladimir Kara-Murza in Moscow. © 2021 AP Photo/Alexander Zemlianichenko

On 7 October 2022 Human Rights Watch criticised sharply the Russian charge of high treason against an opposition politician, Vladimir Kara-Murza. It is “a blatant attempt to quash any criticism of the Kremlin and deter contact with the international community“, Human Rights Watch said.

This is the third baseless criminal charge against Kara-Murza since he was detained in April 2022. He has already been indicted for spreading “fake news” about the Russian Armed Forces because he publicly criticized Russia’s invasion of Ukraine, and for alleged involvement with an “undesirable” foreign organization. He now risks an additional sentence of up 20 years if convicted on high treason charges. [see also: https://humanrightsdefenders.blog/2022/04/14/human-rights-defender-vladimir-kara-murza-arrested-in-russia/]

“Vladimir Kara-Murza is a longstanding proponent of democratic values and has been a vocal opponent of Vladimir  Putin and Russia’s war on Ukraine,” said Hugh Williamson, Europe and Central Asia director at Human Rights Watch. “It is painfully obvious that the Kremlin sees Kara-Murza as a direct and imminent threat.  These charges against him and his prolonged detention are a travesty of justice. Russian authorities should immediately and unconditionally free Kara-Murza and drop all charges against him.” See also: https://www.trueheroesfilms.org/thedigest/laureates/34e43b60-3236-11ea-b4d5-37ffeeddd006

Vadim Prokhorov, Kara-Murza’s lawyer, said the high treason charges relate to Kara-Murza’s  public criticism of the Russian authorities in international forums.

Kara-Murza has called for sanctions against the Kremlin and has spoken in person before national political bodies throughout Europe and in the United States, and at many international and intergovernmental forums, including at the United Nations. He was a key figure advocating for the US Magnitsky Act that gave rise to the Global Magnitsky sanctions regime for serious human rights violations.

Kara-Murza was also a close friend of the murdered Russian opposition politician Boris Nemtsov. He survived two near-fatal poisonings, in 2015 and 2017, which Bellingcat investigative journalists reported was most likely orchestrated by the Russian Federal Security Service and which the Russian authorities have failed to investigate.

Since the full-scale invasion of Ukraine started in February, the Russian authorities have expanded their repressive toolbox. In March, Russian authorities criminalized calls for sanctions against Russia, and in July also criminalized “confidential cooperation” with foreign states, international or foreign organizations as well as public calls for action that are “against national interests.”

These new provisions cannot be applied retroactively to the years of advocacy by Kara-Murza, Human Rights Watch said, and so he is being charged with high treason under Russia’s criminal code, which was expanded in November 2012. The definition was expanded to include consultations or any other assistance to a foreign state or international or foreign organizations…

Russia’s rules on prosecution and trial of treason cases also breach human rights safeguards, in particular fair trial guarantees. For example, the criminal case materials in such proceedings are classified so that the defense team may not have access to key pieces of evidence, and the trial takes place behind closed doors, preventing public scrutiny.

Ivan Safronov, a journalist, was recently convicted of high treason and sentenced to 22 years in maximum security prison and given a substantial fine for his journalistic investigations of defense contracts, spotlighting how treason cases are handled.  He was tried behind closed doors, key evidence obtained by fellow journalists was not accepted by the court, and his defense team came under immense pressure. Two of his lawyers had to flee the country, and a third was detained on accusations of spreading false information and remains in detention.

“Sadly, it is unrealistic to expect that fair trial standards will be observed in Kara-Murza’s case,” Williamson said. “By jailing leaders like him, Russian authorities are attempting to instill fear in the Russian people and eradicate any opportunity for civil society to mobilize and oppose the Kremlin and its war.”

https://www.hrw.org/news/2022/10/07/russia-first-treason-charges-criticizing-kremlin

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Tags: criminalisation, Freedom of speech, HRW, judicial harassment, Kremlin, Russia, treason charges, Vladimir Kara-Murza

Hans Thoolen on Human Rights Defenders and their awards