Posts Tagged ‘David Kaye’

UN rapporteurs decry Saudi Arabia’s use of anti-terror laws against human rights defenders

January 3, 2018

Independent Expert on Human Rights Michel Forst. Photo: Jean-Marc Ferré

On 2 January 2018 a group of four UN Special Rapporteurs (Michel ForstMr.  David Kaye, Ahmed Shaheed and Fionnuala D. Ní Aoláin) joined by José Antonio Guevara Bermúdez, Chair-Rapporteur of the Working Group on Arbitrary Detention) deplored Saudi Arabia’s continued use of counter-terrorism and security-related laws against human rights defenders and urged the release of all those detained for peacefully exercising their rights.

We are witnessing the persecution of human rights defenders for peacefully exercising their rights to freedom of expression, assembly, association and belief, as well as in retaliation for their work. The Government has ignored repeated calls by UN experts and others to halt these violations, rectify them, and prevent their recurrence.”

More than 60 prominent religious figures, writers, journalists, academics and civic activists are reported to have been detained in a wave of arrests since September, adding to a list of past cases which had already been raised by UN experts with the Government. “We have written to the Government requesting detailed information about these numerous arrests on terrorism, cyber-crime or any other state security-related charges during that period,” the experts said.

The experts noted that they are also seeking government clarification about how these measures are compatible with Saudi Arabia’s obligations under international human rights law, as well as with the voluntary pledges and commitments it made when seeking to join the UN Human Rights Council. “Despite being elected as member of the Human Rights Council at the end of 2016, Saudi Arabia has continued its practice of silencing, arbitrarily arresting, detaining and persecuting human rights defenders and critics,” they said.

In addition to previous cases and new arrests since September, the experts pointed to the country’s failure to implement two recent opinions of the UN Working Group on Arbitrary Detention, calling for “the release of all the human rights defenders concerned in these cases.”

See also: https://humanrightsdefenders.blog/2017/02/28/saudi-arabia-imprisoned-waleed-abu-al-khair-receives-another-human-rights-award/

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22570&LangID=E

UN rapporteurs urge India to repeal law restricting human rights defenders access to foreign funding

June 17, 2016

While most attention on the issue of foreign funding of NGOs has gone to Russia, which for this purpose invented the ‘foreign agent’ law, [https://thoolen.wordpress.com/tag/foreign-agent-law/], another big country – India – has been stepping up its own version through a law restricting civil society access to foreign funding:

UN Special Rapporteur on the situation of human rights defenders Michel Forst. Photo: MINUSTAH

On 16 June 2016 three United Nations rapporteurs on human rights called on the Government of India to repeal a regulation that has been increasingly used to obstruct civil society’s access to foreign funding. The experts’ call comes as the Indian Ministry of Home Affairs suspended for six months the registration of the non-governmental organization Lawyers Collective, under the Foreign Contribution Regulation Act (FCRA), according to a news release from the Office of the UN High Commissioner for Human Rights (OHCHR) in Geneva. [see also my post form 2013: https://thoolen.wordpress.com/2013/11/05/india-should-end-funding-restraints-on-human-rights-defenders-says-hrw/]

The suspension was imposed on the basis of allegations that its founders, human rights lawyers Indira Jaising and Anand Grover, violated the act provisions by using foreign funding for purposes other than intended.

We are alarmed that FCRA provisions are being used more and more to silence organisations involved in advocating civil, political, economic, social, environmental or cultural priorities, which may differ from those backed by the Government,” said UN Special Rapporteurs on human rights defenders, Michel Forst, on freedom of expression, David Kaye, and on freedom of association, Maina Kiai.

Despite detailed evidence provided by the non-governmental organization (NGO) to rebut all allegations and prove that all foreign contributions were spent and accounted for in line with FCRA, the suspension was still applied. “We are alarmed by reports that the suspension was politically motivated and was aimed at intimidating, delegitimising and silencing Lawyers Collective for their litigation and criticism of the Government’s policies,” the experts said noting that the NGO is known for its public interest litigation and advocacy in defence of the most vulnerable and marginalised members of Indian society.

Many civil society organizations in India now depend on FCRA accreditation to receive foreign funding, which is critical to their operations assisting millions of Indians in pursuing their political, cultural, economic and social rights. The ability to access foreign funding is vital to human rights work and is an integral part of the right to freedom of association. However, FCRA’s broad and vague terms such as ‘political nature’, ‘economic interest of the State’ or ‘public interest’ are overly broad, do not conform to a prescribed aim, and are not a proportionate responses to the purported goal of the restriction.

Human rights defenders and civil society must have the ability to do their important job without being subjected to increased limitations on their access to foreign funding and the undue suspension of their registration on the basis of burdensome administrative requirements imposed to those organizations in receipt of foreign funds,” the UN human rights experts concluded.

Source: United Nations News Centre – UN rights experts urge India to repeal law restricting civil society access to foreign funding

UN Rapporteurs urge Ethiopia to end violent crackdown and impunity

February 10, 2016

On 21 January 2016 a group of United Nations Rapporteurs (Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association; David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Michel Forst, Special Rapporteur on the situation of human rights defenders; Christof Heyns, Special Rapporteur on extrajudicial, summary or arbitrary executions; and the Working Group on Enforced or Involuntary Disappearances) called on the Ethiopian authorities to end the ongoing crackdown on peaceful protests by the country’s security forces, who have reportedly killed more than 140 demonstrators and arrested scores more in the past nine weeks. “The sheer number of people killed and arrested suggests that the Government of Ethiopia views the citizens as a hindrance, rather than a partner,” the independent experts said, while also expressing deep concern about allegations of enforced disappearances of several protesters.

The current wave of protests began in mid-November, in opposition to the Government’s ‘Addis Ababa Integrated Development Master Plan’ to expand the capital’s municipal boundary. The ‘Master Plan’ could reportedly lead to mass evictions and the seizure of agricultural land in the Oromia region, as well as extensive deforestation. The UN experts welcomed the Government’s announcement on 12 January 2016 suspending the implementation of the ‘Master Plan’, but were concerned about continuous reports of killings, mass arrests, excessive use of force and other abuses by security forces. “The Government’s decision is a positive development, but it cannot be seen as a sincere commitment until the security forces stop their crackdown on peaceful protests,” they said. “The role of security forces should be to protect demonstrators and to facilitate peaceful assemblies, not suppress them.”

We call on the Government to immediately release protesters who seem to have been arrested for exercising their rights to freedom of peaceful assembly and expression, to reveal the whereabouts of those reportedly disappeared and to carry out an independent, transparent investigation into the security forces’ response to the protests,” the experts said.  “Impunity, on the other hand, only perpetuates distrust, violence and more oppression.

The UN independent experts also expressed grave concern over the Ethiopian Government’s application of the Anti-Terrorism Proclamation 652/2009 to arrest and prosecute protesters, labelling them as ‘terrorists’ without substantiated evidence. This law authorises the use of unrestrained force against suspects and pre-trial detention of up to four months. “Ethiopia’s use of terrorism laws to criminalize peaceful dissent is a disturbing trend, not limited to the current wave of protests,” they experts noted. “The wanton labelling of peaceful activists as terrorists is not only a violation of international human rights law, it also contributes to an erosion of confidence in Ethiopia’s ability to fight real terrorism. This ultimately makes our world a more dangerous place.”

How the law was used recently is clear from the case of the “Zone 9” bloggers. Fortunately, on 16 October 2015 Front Line was able to report that all “Zone 9” bloggers were cleared of terrorism charges by the Federal Court in Addis Ababa. All bloggers and journalists whose terrorism charges have been dropped are members of the “Zone 9” and prominent social media activists. With the exception of Soliana Shimelis, the other human rights defenders, namely Mss Mahlet Fantahun and Edom Kassaye and Messrs Natnael Feleke, Befekadu Hailu, Atnaf Birhane, Zelalem Kibret, Abel Wabela, Tesfalem Weldyes and Asmamaw Haile Giorgis, were arrested on 25 and 26 April 2014 and remained in detention for over a year before being freed.  The human rights defenders’ lawyer stated that “all the evidence presented was very weak to prove they were planning any kind of terrorism”. However, charges of inciting violence remain pending against Befekadu Hailu, who might face a ten-year imprisonment sentence if convicted. See: https://www.frontlinedefenders.org/node/29137

On Ethiopia: https://thoolen.wordpress.com/2015/02/14/suffocating-dissent-in-ethiopia-counterpunch-tells-the-facts-and-names-the-names/

http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=16977&LangID=E

UN human rights experts welcome Iran prisoner releases, while calling for more

January 20, 2016

And while we are on groups of UN human rights experts, also on 19 January three Rapporteurs welcomed Iran’s release of four Iranian-Americans in an apparent prisoner swap with the United States, and called on Tehran to pave the way for the freeing of all remaining unlawfully detained prisoners. Read the rest of this entry »

UN rapporteurs urge France to protect fundamental freedoms while combatting terrorism

January 20, 2016

A group of five United Nations human rights experts have joined the debate in France on security. Yesterday, 19 January it warned that the current state of emergency in France and the country’s law on surveillance of electronic communications impose excessive and disproportionate restrictions on fundamental freedoms.

UN SG Ban Ki-moon pays tribute to the victims of the terrorist attacks in Paris on 13 November. 6 December 2015. UN Photo/Eskinder Debebe
As France debates the strengthening of measures in the fight against terrorism, and considers a reform of the criminal procedure, we call on the authorities to revise the provisions and possible reforms adopted to that end, to ensure they comply with international human rights law,” the UN experts said in a press statement.

In a list of concerns to the French Government, the independent experts stressed a lack of clarity and precision on provisions regarding several state of emergency and surveillance laws that relate to the legitimate rights of privacy and freedoms – of expression, peaceful assembly and association.

To guarantee the rule of law and prevent arbitrary procedures, the experts recommended the adoption of prior judicial controls over anti-terrorism measures. Since the recent terrorist attacks in France, the state of emergency law in force, which temporarily expands the executive powers in the fight against terrorism, only allows judicial review a posteriori.

The UN experts also noted that the November 2015 law on surveillance of international electronic communications expands the executive power over the collection, analysis and storage of communications content or metadata – without requiring prior authorization or judicial review.

The UN experts also expressed alarm that environmental activists in France have been under house arrest in connection with the state of emergency invoked following the November attacks. “These measures do not seem to adjust to the fundamental principles of necessity and proportionality,” they said, highlighting the risks faced by fundamental freedoms in the fight against terrorism.

Calling on France not to extend the state of emergency beyond 26 February 2016, they said, that: “While exceptional measures may be required under exceptional circumstances, this does not relieve the authorities from demonstrating that these are applied solely for the purposes for which they were prescribed, and are directly related to the specific objective that inspired them.”

The independent experts – David Kaye, Special Rapporteur on freedom of opinion and expression; Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Michel Forst, Special Rapporteur on the situation of human rights defenders; Ben Emmerson, Special Rapporteur on the protection and promotion of human rights and fundamental freedoms while countering terrorism; and Joseph Cannataci, Special Rapporteur on the right to privacy – expressed their solidarity and deepest sympathy to the victims of the terrorist attacks committed in France and many other places in the world.

Source: United Nations News Centre – UN experts urge France to protect fundamental freedoms while combatting terrorism

Azerbaijan: the repressive side of the Baku Games – side event 16 June in Geneva

June 13, 2015

In the context of the 29th session of the UN Human Rights Council a side event – organized by the Human Rights House Network and several other NGOs – will shine light on the severe restrictions on fundamental freedoms and the imprisonment of human rights defenders in Azerbaijan, which risk turning these European Olympics into a sad symbol of repression. Live webcast on: www.peopleinneed.cz and www.azadiq.org 

Speakers:

  • Dinara Yunus
    Daughter of detained human rights defenders Leyla and Arif Yunus
  • Idrak Abbasov
    Institute for Reporters’ Freedom and Safety (IRFS)
  • Gulnara Akhundova
    International Media Support

Moderation by Florian Irminger Human Rights House Foundation

Remarks:

  • Michel Forst
    Special Rapporteur on the situation of human rights defenders
  • Maina Kiai (TBC)
    Special Rapporteur on rights to freedom of assembly and association
  • David Kaye (TBC)
    Special Rapporteur on freedom of opinion and expression

It will taken place on Tuesday, 16 June 2015, 11:00 – 13:00 in Geneva (Switzerland), Palais des Nations, room XVII.

For access and more information contact: Anna Innocenti, International Advocacy Officer, Human Rights House Foundation ( +41 22 332 25 56 )

via: Azerbaijan: the repressive side of the European Olympic Games – Human Rights House Network.

UN Rapporteur urges Nauru to revoke measures that affect human rights defenders and asylum seekers

May 25, 2015

Credit: OHCHR
Where possible I like to extend coverage to countries that normally do not figure highly in the news. This press statement of 22 May 2015 from the UN Human Rights Office provides the occasion to zoom in on the Pacific island of Nauru.

Voicing concern over recent amendments to the Criminal Code in Nauru which “unduly restrict” freedom of expression, a United Nations expert on the issue today urged the Government to revoke such measures to fulfil its human rights obligations. “These new laws could be used to muzzle dissenting opinions and deter human rights defenders, academics, journalists, students, politicians and civil society members”, David Kaye, the UN Special Rapporteur on freedom of opinion and expression, warned.

Ambiguous and imposing harsh penalties, the amended Criminal Code also includes up to seven years in prison for a wide range of legitimate expression, according to Mr. Kaye. Nauru has also curtailed the freedom of press. It imposed a prohibitive $6,500 fee for a single entry visa for foreign journalists in 2014.

Nauru should allow free space for expression without fear of criminal prosecution,” he said, adding that “it should lift all restrictions to access internet and social media, and facilitate access to the media in the country.” Since April, the authorities have blocked access to social media and internet to prevent pornography and “cyberbullying” and to protect the national culture. These restrictions, however, are “designed to prevent asylum seekers and refugees in the country from sharing information on their situation,” stressed the independent expert.

United Nations News Centre – UN rights expert urges Nauru to revoke measures that could ‘muzzle’ dissent.

Laos: UN experts on two-year-old disappearance of human rights defender Sombath Somphone

December 24, 2014

Wouldn’t it be a truly nice Christmas gift if the Laos government would finally undertake a serious investigation into the disappearance of  human rights defender Sombath Somphone, who was last seen in December 2012. That is what a group of United Nations independent experts urged today, 23 December 2014:

It is high time for the authorities of the Lao People’s Democratic Republic to voluntarily request international assistance with the aim of shedding light on Mr. Somphone’s fate and whereabouts, two years after his disappearance,” the experts said in a news release. “International law makes clear that the Government of the Lao People’s Democratic Republic has the duty to carry out an independent, thorough, credible and effective investigation,” they added. [https://thoolen.wordpress.com/tag/sombath-somphone/]

(The situation of human rights in Laos is due to be assessed next month through the Universal Period Review process, which involves a review of the human rights records of all UN Member States. Under the auspices of the Human Rights Council, the process provides the opportunity for each State to declare what actions they have taken to improve their human rights situation.)

Along with Mr. Kiai, the experts speaking out on Laos today include the Special Rapporteur on the situation of human rights defenders, Michel Forst; and the Special Rapporteur on the promotion and the protection of the right to freedom of expression and opinion, David Kaye.

United Nations News Centre – Laos: UN experts appeal for help to probe two-year-old disappearance of rights defender.

UN special rapporteurs join calls on Azerbaijan

August 20, 2014

Yesterday,19 August 2014, three United Nations human rights experts [The Special Rapporteur on the situation of human rights defenders, Michel Forst, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, and the Special Rapporteur on the promotion and protection of the right to freedom or opinion and expression, David Kaye] alsoy condemned the growing tendency to prosecute prominent human rights defenders in Azerbaijan, and urged the Government “to show leadership and reverse the trend of repression, criminalization and prosecution of human rights work in the country.” Yesterday I referred to the UN expert group on business and human rights (currently in the country, see: https://thoolen.wordpress.com/2014/08/18/un-expert-group-on-business-and-human-rights-on-timely-visit-to-azerbaijan/) and reports of several major NGOs (see my post of yesterday: https://thoolen.wordpress.com/2014/08/18/azerbaijan-a-hot-summer-in-summary/)

The UN experts highlighted the specific cases of Leyla Yunus, director of the Azerbaijani Institute of Peace and Democracy; Arif Yunus, head of Conflict Studies in the Institute of Peace and Democracy; Rasul Jafarov, coordinator of Art of Democracy and head of Human Rights Club; and Intigam Aliyev, chair of Legal Education Society. “Azerbaijan’s recent membership of the UN Committee on Non-Governmental Organizations does not square well with the authorities’ actions directed at stifling freedoms on the ground,” the UN rights experts noted.

UN experts call on the Government of Azerbaijan | Scoop News.