Grassroots environmental defenders are building a variety of strategic, community-based approaches to environmental justice. Global actors can do more to support their work write Rebecca Iwerks & Ye Yinth & Otto Saki on 14 October 2024 in Open Global Rights.
The last few years have seen encouraging steps to respond through global and regional policy. National governments have started to make specific commitments to protect environmental rights defenders, deeming it necessary to address the climate crisis. The Escazu agreement in Latin America has explicit requirements for the state protection of environmental rights defenders. [NOTE: On 16 October 2024 civil society in the Americas has issued an urgent call to accelerate the implementation of the Plan of Action on Human Rights Defenders, of the Escazú Agreement, adopted five months ago].Just this month, the UNFCCC Supervisory Body for Article 6.4 and the UN Secretary General’s Panel on Critical Energy Transition Minerals showed how global bodies can incorporate the protection of environmental rights defenders directly into climate policy. More broadly, hundreds of organizations have pooled their efforts to end retaliation against environmental defenders through the ALLIED network.
Last year, we examined the experiences of environmental defenders who were able to continue their work in repressed environments, using tenets of legal empowerment to find pathways to justice in ways that reduce their risk. Here’s what we saw:
Building community power.…
Changing paths to remedy. …
Building relationships with allies. …..
Knowing, using, and shaping the law to respond to security concerns. …
How do we super-charge support for this subtle, effective protection alternative?
While grassroots justice advocates are continuing to seek remedies in tricky places, global actors can do more to support them. The primary shift that can support this type of innovative risk response is to provide flexible, unrestricted funding directly to grassroots justice advocates, whether through philanthropy or from pooled private sector funds that facilitate independent legal and technical support. Flexible funding allows the practitioners to shift their plans as pathways become riskier; it also allows them to invest in security equipment that may not clearly fit into a project-driven budget. Openness to different types of reporting can allow grassroots justice advocates to make decisions about what information is safest for them to reveal without concerns about financial security.
Secondly, those who influence global frameworks, such as the UN Sustainable Development Goals and the United Nations Framework Convention on Climate Change (UNFCCC), can do more to incorporate the security of environmental rights defenders into these frameworks. For example, the security of environmental rights defenders is integral to the access to justice encompassed by Sustainable Development Goal 16, and progress on that issue should be included in all SDG 16 reporting. Within the UNFCCC, the language protecting defenders from Article 6.4 Supervisory Body and the Secretary General’s Panel on Critical Energy Transition Minerals should be mirrored throughout climate policy frameworks and resourced during their implementation.
While the actions against environmental defenders are shocking, there are significant steps the rights community can take now to support grassroots actors moving forward.
In their series “Activists Up Close” the American Jewish World Service (AJWS) focuses on Samreen, who grew up in Lucknow, India, in a household where her mother wasn’t allowed to do anything without her father’s permission. But when her father passed away, Samreen began to question the patriarchal norms that ruled her family. When she connected with AJWS partner Sadbhavna Trust, her world opened entirely.
Sadbhavna Trust runs leadership workshops and job training for women and girls in Lucknow, creating a world in which early marriage is not their only option. Today, Samreen is one of the organization’s leaders, inspiring others to follow in her footsteps.
And another end of year reflection, this one by the Collective for Research and Training on Development Action(CRTDA).
This is a Lebanon-based non-governmental organization started in July 1999. CRTDA works with partner civil society organizations in Lebanon and across the Arab World primarily in Yemen, Egypt, Syria, Morocco, Tunisia, and Algeria.
..For the Lebanese, everything that has happened this year has been overshadowed by the last two months. These months have represented unprecedented empowerment, as we have seen a mass uprising that cuts across sectarian lines aimed at ousting the political elite that have propagated corruption, division, and inequality for many years. The unity felt in the streets has been led by women, who have constantly showcased their bravery and leadership capacity throughout this uprising. Of course, this popular movement has also led to fresh challenges as the economic crisis engendered by decades of mismanagement causes unemployment to spike, increasing poverty among the most vulnerable populations and causing tension and polarization between communities. In this context, of opportunity for women’s empowerment and challenge to peace and stability between Lebanon’s communities, the work of CRTD.A both comes to fruition and becomes increasingly important. At this cross-roads for Lebanon, we share with you some of our highlights from the past year, and some of our hopes for the future. This year, we saw women standing up to oppression and demanding change all over the world. In Lebanon, women were at the forefront of the revolution: organizing, protesting, and showing their bravery. They formed barriers with their bodies to keep the peace, and the icon of the Lebanese protests was a woman, whose kick to a security officer became the symbolic image of the revolution. Women’s rights, such as the right of women to pass on their nationality, have taken a huge place in the protests, as women say enough is enough. What we have seen in Lebanon has also been true for many countries across the world. In Sudan and Hong Kong, women have become the icons of revolution, displaying their power to lead and to fight. Women’s marches have also played a huge role in Chile’s demands for an end to a corrupt system. We have also seen women taking control of the narrative of environmental degradation, with young icons such as Greta Thunberg showing that neither youth nor gender can get in the way of determination and a powerful message. It is key for both our future and for empowerment for women and girls to take initiative and make their voices heard to force the global elite to face up to the biggest threat to our planet and our species. Women across the world have been taking this initiative, from the Pacific Islands to the Amazon Rainforest.
For more information about their work, please check out the annual report via: https://bit.ly/378pQIY
Interview with Gilbert Sendugwa, Coordinator of Africa Freedom of Information Centre (AFIC), a pan-African network based in Kampala, Uganda, published by the International Service for Human Rights [ISHR] on 28 April 2015:
‘Before I started working with the Centre, I worked with issues of health and education. And it was always a big issue: information. I always asked: How do we get the information we need? How do people get the information they need from the Government in order to get on in life?’ In 2010 Gilbert went to work for AFIC, a network which has grown to 35 member organisations from 22 African countries, which are working on issues of access to information at the national level.
‘The main focus of the Centre so far has been to push for ratification of the many African instruments which enshrine the right of freedom of information, as well as ensure that these rights are reflected in national legislation and practice’. They do this through international advocacy campaigns and supporting national strategies. And with a good degree of success. In 2010 Angola, Ethiopia, South Africa, Uganda and Zimbabwe were the only States with Freedom of Information Legislation. The number now totals 16, and with Tanzania likely to become number 17 next month….
Nonetheless, as Gilbert says ‘We have come to see that the passage of laws might be the easiest part’. Therefore AFIC is putting increasingly more energy into initiatives for implementation.
‘The objective of these laws is to empower the people. Implicitly, this means taking power away from those who have it and giving it to the population, so that they can help themselves advance in all of their rights. However, sometimes this provokes fear in the powerful and a reluctance to provide the information’.
Gilbert suggests that this fear can manifest itself in two ways: some Governments will not legislate on the issue, whilst others do, but ensure that the environment for civil society is not conducive to people having the confidence to use the law. He says that in many States fear of reprisals deters requests for information. A successful law on access to information, it seems, must go hand in hand with a safe and enabling environment for human rights defence in general. However he points out that a common mistake of advocates on this issue is to see the State as a monolith. Rather, he argues, when it comes to implementation it is necessary to look at the various agencies from which you are soliciting information. ‘It is them who can grant the information or not. If you look at Uganda – as pointed out in their review by the ACHPR this week – some ministries have responded to all requests for information, whilst the response rate from the ministries for finance and education, for example, is zero’.
AFIC is pushing for implementation by training civil society on accessing information and producing a manual for them. They are also increasing their work with States, having seen results when these two approaches work in parallel. Developing a website with the Ugandan Government led Rwanda to follow, whilst they have also trained officials and are producing a separate manual for them.
As ISHR prepared to make a statement on the importance of an enabling environment for human rights defenders working on corporate accountability, Gilbert admitted that this was one of the most challenging areas for freedom of information activists across the continent. ‘It is very difficult and risky to request information, whether it be regarding concessions, payments or environmental impact. But at the end of the day we are simply talking about the ability for communities to evaluate the impact of a project upon their lives and check the level of compliance of a business or a State with human rights law’.
Human rights defenders in the Philippines have been using information technology to advance their advocacy work. Launched in 2011, the human rights website http://www.hronlineph.com started by Egay Cabalitan and Jerbert Briola is used by human rights defenders for updates on most recent social issues in the country. The website has produced a video featuring testimonies from various advocacy groups – medical, anti-mining, human rights defenders, and international support NGOs – on the usefulness of the website.
Recently HRonlinePH launched two videos about human rights and internet rights now shared on social media outlets.
“Human rights defenders fully realize the potential of video to bring about change, And this video, a groundbreaking information tool for the HRonlinePH, is a supportive infrastructure how we can harness the power of technology and to help realize our shared interests in promoting and defending human rights, offline and online,” Human Rights Online Philippines said.
Featured in one of the videos are human rights defenders from Alyansa Tigil Mina (ATM), Asian Forum for Human Rights and Development (FORUM ASIA), Coalition Against Trafficking in Women, Asia-Pacific (CATW-AP), Medical Action Group (MAG), Partido ng Manggagawa (PM), Philippine Alliance of Human Rights Advocates (PAHRA) and Philippine Movement for Climate Justice (PMCJ).
The need to combat impunity for attacks against human rights defenders, together with the enactment of specific laws and policies to protect their work, have been identified as key priorities by the new UN Special Rapporteur on Human Rights Defenders, Michel Forst, in his inaugural reportto the UN General Assembly next week. This is stated by the International Service for Human Rights in Geneva.
The report, which will be presented to the General Assembly in New York in the week of 20 October, sets out a vision and priorities for the mandate over the coming three years, including a focus on groups of human rights defenders who are ‘most exposed’ or at risk, such as those working to promote economic, social and cultural rights, the rights of minorities, the rights of lesbian, gay, bisexual, transgender and intersex persons, women human rights defenders, and those working on issues of business and human rights or on accountability for past violations. According to the Special Rapporteur, each of his ‘future thematic and mission reports will contain a specific section dedicated to analysing the development of trends and particular threats facing the most exposed groups’.
The report expresses grave concern at the related issues of lack of cooperation with the mandate by some States, and the intimidation and reprisals faced by many human rights defenders in connection with their engagement with international and regional human rights mechanisms. The Special Rapporteur is ‘struck by the number and gravity of threats’ against those who cooperate with the UN, the report says, including ‘threats against the defenders themselves or their families, defamation campaigns, death threats, physical violence, abductions, hounding by law enforcement, assassinations or various forms of harassment and intimidation by the police’. In this connection, the Special Rapporteur pledges to follow-up more actively and systematically with States in relation to the investigation and remediation of alleged threats and attacks against defenders.
The need to ensure accountability and combat impunity for attacks against defenders comes through as a strong theme in the Special Rapporteur’s report, with Mr Forst identifying that ‘it is partially because of the de facto impunity enjoyed by perpetrators of reprisals against defenders that the phenomenon grows and expands’ and pledging that ‘one of the main lines of his work will be to combat the culture of impunity’. It is likely that the Special Rapporteur will dedicate a forthcoming report to this topic.[for examples see: https://thoolen.wordpress.com/tag/reprisals/]
Building on the recommendation of the previous Special Rapporteur that States enact specific laws and policies to protect human rights defenders, Mr Forst’s inaugural report identifies a need to ‘intensify efforts to convince governments to develop specific national measures, following the examples of Brazil, Colombia, Cote d’Ivoire and Mexico’ and foreshadows a future study focusing on the importance of national laws and mechanisms and ways to improve their effectiveness. He also pledges to play a significant role in the identification and dissemination of ‘good practices’ in the implementation of the Declaration of Human Rights Defenders, including through a more visible social media presence for the mandate.
“Civil society actors must be able to do their work freely, independently, safe from fear, retaliation or intimidation. This requires collective action to denounce reprisals and defend free voices and protect those targeted,” said the UN Secretary-General Ban Ki-Moon, referring to civil society as “an indispensable part of the United Nations”. “We must expand the space for civil society to meaningfully participate and contribute,” he added in a video statement screened at a discussion on the promotion and protection of civil society space, in the context of the Human Rights Council’s 25th session.
“Civil society actors around the world face risks ranging from threats and intimidation to horrible reprisals, even killings”, said UN Human Rights Deputy, Flavia Pansieri at a discussion on the promotion and protection of civil society space. “From the NGO who is prohibited from receiving funding to the whistle-blower who is imprisoned for revealing corruption… we must work to protect civil society from such practices,” she said.
For those who are sceptical of human rights awards and their impact, the following report should give some food for thought: “Following a month-long trip across Europe,
In the context of restrictive legislation to hinder the work of human rights defenders, the Egyptian case deserves urgent attention now. The law on NGOs is being rewritten in this important country and others in the region may follow the example. Despite recent amendments Read the rest of this entry »
Hans Thoolen on Human Rights Defenders and their awards 