Posts Tagged ‘environmental defenders’

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

Human Rights Platform at the Gulbenkian Foundation hears Michel Forst worry about treatment of climate defenders

October 4, 2023

The LUSA news agency reported on 3 october that “the UN Special Rapporteur on environmental campaigners, Michel Forst” , said that climate activists are under increasing pressure in Europe, admitting that he was surprised by the violence with which several governments treat them. This is a somewhat misleading title as Michel Forst 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/]

Still, the message is what matters: “Rights defenders as a whole face a number of major challenges and risks in many countries, including in Europe, but those who are currently paying the highest price are precisely environmental activists and people trying to defend their land and the climate,” said Michel Frost in an interview with Lusa.

Forst was in Portugal today to take part in the international conference of the Human Rights Platform, taking place at the Gulbenkian Foundation in Lisbon, and confessed to Lusa that he didn’t understand the reasons behind this increase in pressure.

I don’t understand why, but the fact is that more and more politicians in more countries are comparing people who are actually peaceful demonstrators with violent terrorists,” he said, noting that he sees this “in Spain, the Netherlands, Denmark, the UK, Germany and Switzerland”.

The issue worries him a lot, he recognized, not least because different ways of attacking activists are being used in various countries.

“I toured more than 20 European Union (EU) countries to meet with activists and governments, inviting them to describe the atmosphere they face in their countries, and I can assure you that the situation is becoming very, very, very tense,” he said, pointing out that governments such as those in France or Austria classify these activists as “eco-terrorists or green Taliban”.

Michel Forst explained to Lusa that he is currently working with a group of non-governmental organizations (NGOs) “to try to better understand what is happening in Europe, with a view to guiding EU governments on how to respond to civil disobedience”.

Stressing that civil disobedience is regulated by international human rights law, the UN official said he was alarmed when he met judges from Spain, France and Germany and realized that they “didn’t understand international human rights law at all”.

Activists who engage in civil disobedience “should not be penalized”, but in reality we see that “judges and governments do not comply with international obligations”, Michel Forst pointed out.

For this reason, he explained, his aim for now is to provide documents and guidelines for states to ensure better fulfilment of their international obligations.

“Some states have been very receptive, such as Ireland and Norway, but many others have not,” he denounced, naming the example of the United Kingdom and adding that, in some cases, the police infiltrate groups in order to know what is being prepared and to be able to better control the activists.

“We now have evidence that some [environmental campaigners] have been placed under strict surveillance, with their phones being hacked and their computers being tapped,” he said.

For Michel Forst, environmental campaigners are no different from those who fight for human rights.

“It’s the same thing,” he emphasised, explaining that environmental activists are just gaining more visibility.

“They are using new forms of mobilisation that others haven’t used, like sticking their hands in the ground or handcuffing themselves to a barrier or breaking down doors to cut genetically modified maize,” he listed.

Their growing visibility leads them to face what human rights defenders were already facing, namely the fact that “civic space is shrinking in Europe,” he said, noting that this is not only his assessment, but also that of the Council of Europe and the EU Agency for Fundamental Rights.

And against this, Michel Forst expects only one thing: “A strong reaction from citizens”.

With regard to the authorities, the UN Special Rapporteur also expressed his expectations.

“We need to see the results [of the guidelines that will be issued] and then ask the most receptive.

Right Livelihood awards 2023

September 29, 2023

The 2023 laureates face off against social taboos around abortion in African countries, Cambodia’s authoritarian regime and corrupt businesses, a growing humanitarian crisis in the Mediterranean Sea, and unsafe industrial practices in Kenya to demand a liveable future for all. For more on the Right Livelihood Award and its laureates, see: https://www.trueheroesfilms.org/thedigest/awards/97238E26-A05A-4A7C-8A98-0D267FDDAD59

The 2023 Right Livelihood Award goes to:

Eunice Brookman-Amissah, who is a Ghanaian physician whose leadership has been instrumental in advancing safe abortion access across Africa. For three decades, she has spearheaded high-level advocacy, sensitisation programmes and training on women’s reproductive rights. Her efforts have successfully united healthcare providers, government officials, lawyers and activists in support of abortion law reforms in Mozambique, Sierra Leone, Benin, Eswatini and Kenya, and abortion law implementation in Ghana, Zambia, Malawi, Senegal and Mauritius, among others.

When Brookman-Amissah began her advocacy, the term abortion was too taboo to mention, let alone champion at high-level forums. Nonetheless, she tirelessly raised the issue to empower women, enhance their autonomy, improve their health, and ultimately, create an environment where they can thrive personally and professionally. Brookman-Amissah is a pioneer in the field of sexual and reproductive health and rights (SRHR).

Mother Nature Cambodia is the country’s pre-eminent youth-led environmental rights organisation, working on the frontlines with local communities to preserve nature and livelihoods even in the face of a growing government crackdown on civil society activism. Using innovative techniques such as viral videos, training and the mobilisation of young Cambodians nationally and locally, Mother Nature Cambodia has helped highlight and stop environmental violations. Successful campaigns include stopping the Chinese-led construction of a hydroelectric dam threatening an Indigenous community and helping end the largely corrupted business of sand export from the coastal estuaries of Koh Kong, which was destroying the local ecosystem and fishing grounds.

Founded in 2012, Mother Nature Cambodia’s small and agile core team works to mobilise against destructive and corrupt construction projects. Indicative of the government’s hostile stance against the organisation, 11 of their activists have been jailed and dozens arrested since 2015, while one staffer and the founder, Alejandro Gonzalez-Davidson, have been forced to leave the country. Local community members campaigning with Mother Nature Cambodia have also been subject to intimidation, legal harassment and surveillance by the police.

Despite the harassment and constant threat of arrest, the organisation has stayed the course and continued to campaign fearlessly. Highlighting the connection between democracy, human rights and environmental activism, Mother Nature Cambodia has emerged as a beacon of hope for future generations, fighting for the preservation of nature and human rights in Cambodia. [see: https://www.trueheroesfilms.org/thedigest/laureates/d41428d8-4b96-4370-975e-f11b36778f51]

SOS MEDITERRANEE is a European maritime-humanitarian organisation saving people’s lives in the Mediterranean, the world’s deadliest migration route. Carrying out search and rescue operations, the organisation has brought more than 38,500 people to safety since operations began in 2016. SOS MEDITERRANEE follows a strict legal framework based on maritime law, setting high standards for search and rescue operations, and showing that assisting people in distress at sea is a legal obligation.

The organisation, which is an association of four offices located in France, Italy, Germany and Switzerland, was founded by civilians in May 2015, in response to the tragic loss of lives in the Mediterranean and the European Union’s inability to effectively address this issue. Pooling resources, the association finances and operates the Ocean Viking rescue ship with a professional crew. Once brought aboard, survivors are provided with medical and psycho-social care. SOS MEDITERRANEE also aims to amplify the voices of survivors by sharing their stories.

The organisation’s unwavering commitment to humanity has not only saved lives but kept the public, European institutions and national governments acutely aware of the realities of the humanitarian crisis in the Mediterranean Sea. [see: https://www.trueheroesfilms.org/thedigest/laureates/0700f14f-dbb5-4350-8e3f-5e7027294404]

Phyllis Omido is a Kenyan environmental activist leading the battle for the justice and health of the Owino Uhuru community that has suffered from lead poisoning ever since a battery smelting plant began operating in their village. Omido’s use of litigation, advocacy and media engagement has set vital legal precedents, affirming people’s right to a clean and healthy environment and the state’s responsibility to safeguard it.

Omido, dubbed the “Erin Brockovich of East Africa,” initially worked at the battery smelting plant that poisoned her, her son and thousands of Owino Uhuru community members. When the plant owners and government officials refused to act on the environmental impact report she conducted, Omido mobilised the community in protest. Following a 2012 demonstration, Omido was attacked by two men at her home and arrested on unfounded charges of terrorism and inciting violence.

Thanks to Omido’s activism, 17 toxic sites have been closed across Kenya. She has also used her experience to consult the United Nations, leading to a resolution on lead-acid battery recycling in Africa. Determined to spread knowledge on environmental rights far beyond Owino Uhuru, Omido has established a network of 120 grassroots land and environmental defenders (LEDs) across Kenya, Uganda and Tanzania, empowering and mentoring others to protect their communities. [see: https://www.trueheroesfilms.org/thedigest/laureates/79079c38-3ac4-4324-9e93-2cfb3f03fb28]

https://rightlivelihood.org/

https://www.aljazeera.com/news/2023/9/28/4-environmental-human-rights-activists-awarded-alternative-nobel-prizes

UN experts demand detailed information on nine Tibetan environment defenders

August 18, 2023

From TibetanReview.net, on 11 August 2023:

Three UN human rights experts have issued a joint statement on Aug 10, asking the Chinese government to provide information about nine Tibetans imprisoned for their peaceful efforts to protect Tibet’s fragile environment.

The experts—the Special Rapporteur on the situation of human rights defenders (Ms Mary Lawlor); the Special Rapporteur on freedom of assembly and association (Mr Clément Nyaletsossi Voul); and the Special Rapporteur on human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment (Mr David Boyd)—have asked Beijing to provide details about the reason for the detention and the health conditions of the nine Tibetans, who were all taken in between 2010 and 2019.

“We urge the Chinese government to provide details on why and where they are being held and their health conditions, provide them with adequate medical care and permit their families access to visit them,” the Special Rapporteurs have said.

The experts have further made it clear that the lack of information shared by Chinese authorities could be interpreted as a “deliberate attempt” to hide the environmental defenders from global attention.

The nine Tibetans, identified in the release as Anya Sengdra, Dorjee Daktal, Kelsang Choklang, Dhongye, Rinchen Namdol, Tsultrim Gonpo, Jangchup Ngodup, Sogru Abhu and Namesy were all detained after they protested illegal mining activities or exposed the poaching of endangered wild lives.

Three of the activists are serving up to 11-years jail sentences. However, China has not made public the jail sentences of the remaining six, namely Dhongye, Rinchen Namdol, Tsultrim Gonpo, Jangchup Ngodup, Sogru Abhu and Namsey. [see also: https://humanrightsdefenders.blog/2022/08/31/enforced-disappearances-in-china/]

The experts have sought to know the extent of access to legal representation the imprisoned Tibetans had, and whether any of them had been provided with medical assistance while in prison.

Since the defenders were sentenced, the right to a clean, healthy and sustainable environment was recognised at the international level by the Human Rights Council and the General Assembly.

If China is committed to tackle the impacts of climate change, it should refrain from persecuting environmental human rights defenders and release all nine immediately,” the experts have said.

China has declared mining as one of its pillar industries in occupied Tibet, and has also continued to carry out massive environmentally devastating urbanization and infrastructure projects. These have led to increasing persecution and long-term imprisonment of many environment defenders.

In a report published in June 2022, Washington-based advocacy group International Campaign for Tibet had documented 50 known cases of such Tibetans arbitrarily detained, arrested, tried and/or sentenced since 2008. Of the 50 documented cases, the prison sentences imposed on 35 of the individuals are known. The sentences range from one year and nine months to 21 years, with an average sentence length of nine years, said the group Aug 10 while reporting on the UN experts’ statement.

The environmental health of Tibet has major global implications. As the world’s “Third Pole” and Asia’s “water tower,” the Tibetan Plateau holds the largest volume of frozen freshwater outside the polar regions and is the source of Asia’s eight great rivers, ultimately sustaining the livelihoods of up to 1.4 billion people living downstream, the group has pointed out.

http://www.phayul.com/2023/08/12/48800/

13-year old HRD from Colombia cares for climate

July 19, 2023

Francisco Vera, is 13 years old and he has been advocating for human rights and climate justice since he was 9 years old.

RFK Human Rights calls to strengthen protection mechanisms for environmental defenders on International Earth Day

April 30, 2023

April 22, 2023

Being an environmental human rights defender is one of the most dangerous jobs in the world. Every day, government authorities, companies and other non-state actors seek to silence environmental defenders on the frontlines of the global climate and environmental movement through unwarranted persecution, harassment, detention and even murder. As we commemorate International Earth Day on 22 April, an annual celebration honouring those who fight for a clean environment, RFK Human Rights is calling for the international community and national authorities to redouble efforts to strengthen and fortify protection mechanisms for environmental defenders.

According to Front Line Defenders, land, indigenous peoples’ and environmental rights defenders were the most targeted human rights defender (HRD) sector in 2022. Representatives of national governments, private companies, militias and other non-state actors killed 194 land, environmental and indigenous defenders in 2022 accounting for 48 percent of all murdered defenders. Environmental defenders also face routine arbitrary arrest and detention, criminalization, physical abuse, death threats and other forms of repression. Across the world, sparse and tepid investigations into killings of environmental defenders have led to endemic levels of impunity and limited prosecutions. See: https://humanrightsdefenders.blog/2023/04/04/front-line-defenders-just-published-its-global-analysis-2022-new-record-of-over-400-killings-in-one-year/

As part of our work to protect civic space by defending fundamental freedoms, Robert F. Kennedy Human Rights regularly works to ensure that environmental defenders have ready access to protection and accountability mechanisms. Through our strategic litigation programs, we collaborate with local partners to confront these systematic abuses through active litigation at the Inter-American Commission on Human Rights and at the United Nations. Under the auspices of our Speak Truth to Power campaign, we continue to provide human rights education programs that combine storytelling and interactive learning to provide the next generation of environmental defenders with the tools they will need to create change.

Together with various coalitions we constantly bring attention to the critical and invaluable work for environmental defenders. Just last week, RFK Human Rights joined dozens of civil society groups from across the globe to raise awareness about the forced disappearance of Mexican environmental defenders Ricardo Arturo Lagunes Gasca and Antonio Díaz Valencia. Both defenders disappeared on Jan. 15 only hours after participating in an anti-mining community meeting. The disappearances take place amid ongoing violence and persecution of land, indigenous and environmental defenders seeking to protect the environment in Mexico. Impunity for the killing of environmental defenders remains disturbingly high in Mexico– in 2021, according to Global Witness, nearly 95 percent of murders did not result in prosecution.

On 20 March 2023, following the release of the Intergovernmental Panel on Climate Change (IPCC) findings, United Secretary-General Antonio Guterres issued a clarion call “to massively fast-track climate efforts by every country and every sector and on every timeframe.” From the UN Sustainable Development Summit to the UN Climate Conference (COP 28), 2023 is replete with opportunities to institutionalize and codify the cherished ideals of environmentalism which we celebrate on International Earth Day. The international community, together with national governments and the private sector, must seize these crucial moments to publicly recognize the essential work of environmental defenders and recommit to ensure that they can conduct their crucial activities free from repression, reprisal and persecution.

VOICES FOR HUMAN RIGHTS

The right to a clean, healthy, and sustainable environment (R2E) – further steps and historical decision in the Case of Torres Strait Islanders

November 9, 2022

Following the Human Rights Council and General Assembly resolutions recognising the right to a clean, healthy, and sustainable environment (R2E), adopted in 2021 and 2022 respectively (HRC/RES/48/13 and A/RES/76/300), people have started to consider appropriate next steps in advancing the legal recognition, implementation, and monitoring of this right. See also: https://humanrightsdefenders.blog/2021/10/11/new-right-to-healthy-environment-ngos-urge-action/

A blog post of the Universal Rights Group on 7 November 2022 reports on meeting on 18 October hosted by the Permanent Mission of Costa Rica in Geneva, UNEP, and the Universal Rights Group bringing together over 20 human rights experts from Geneva Permanent Missions in a non-attributable setting designed to promote open and forward-looking debate on appropriate next steps. The discussion was informed by an ‘options paper’ prepared by the Special Rapporteur on human rights and the environment, Dr David Boyd, detailing three possible ways to advance the R2E, which he argued can and should be carried out concurrently.

In the meantime, a more operational development was the historic decision, the United Nations (UN) Human Rights Committee found on Friday 23 September that Australia’s failure to adequately adapt to climate change violates the human rights of Torres Strait Islanders.   

Karin M Frodé, Andrea Olivares Jones and Joanna Kyriakakis reported on the case:

The Committee, which oversees the implementation of the International Covenant on Civil and Political Rights (ICCPR) received a complaint by eight Torres Strait Islanders and six of their children in 2019. The group called for the Committee to recognise that the Australian Government had violated their human rights by failing to reduce carbon emissions, and introduce measures to adapt to climate change.

The Committee’s decision makes clear that inadequate responses to climate change can result in the violation of human rights. It is a landmark victory worth celebrating as part of a broader trend in climate change litigation which has seen human rights arguments put forward to hold both states (ie, the NetherlandsPakistan and Belgium) and corporations (ie, Shell and other Carbon Majors) accountable. It is also an example of a rise in cases where Indigenous actors are central. 

The Committee’s decision: The Committee found that Australia has violated the Torres Strait Islanders’ rights to private life, home and family and their enjoyment of culture. In doing so, the Committee noted Australia’s efforts to construct a seawall, but found it to be an inadequate response to the alarming threats that had been raised by Torres Strait Islanders since the 1990s, due to its delay initiating the project ([8.12], [8.14]).

While decisions by UN bodies are not automatically binding in Australian law, they are persuasive opinions by independent experts that outline Australia’s international obligations and analyse whether they are complied with. The relationship between climate change impacts and human rights is an emerging area, so the clarity that decisions such as in the present case bring is critical. This decision is therefore important not only to the complainants but for other climate justice advocates. 

The present decision follows other climate related decisions by human rights bodies. In Teitiota, a case brought against New Zealand, the same Committee made important observations about state obligations and climate change in the context of asylum seekers and refugees, though it stopped short of finding a violation. Another complaint brought by young climate activists against five states for climate inaction before the Committee on the Rights of the Child, focused on child-centric impacts of climate change. Although dismissed for technical reasons, that decision made important findings that children fall within the jurisdiction of states where transboundary harm originates, following the approach of the Inter-American Court of Human Rights

See also: https://humanrightsdefenders.blog/2022/03/02/human-rights-high-commissioner-bachelet-urges-support-for-environmental-defenders/

https://www.ohchr.org/en/press-releases/2022/09/australia-violated-torres-strait-islanders-rights-enjoy-culture-and-family

Karen activist Porlajee ‘Billy’ Rakchongcharoen’s murder: finally an indictment

August 22, 2022

The Thai authorities should fully and fairly prosecute all those responsible for the murder of a prominent ethnic Karen environmental activist, Porlajee ‘Billy’ Rakchongcharoen, in 2014, Human Rights Watch said on 16 August 2022. See also: https://humanrightsdefenders.blog/2014/05/06/un-high-commissioner-condemns-disappearance-of-billy-in-context-of-retaliation-against-environmentalist-in-south-east-asia/

Porlajee “Billy” Rakchongcharoen
Porlajee “Billy” Rakchongcharoen, a prominent ethnic Karen community and environmental activist, was allegedly murdered in the custody of the Kaeng Krachan National Park officials in Phetchaburi province, Thailand, in April 2014. © 2014 Private

On August 15, 2022, the Attorney General’s Office formally notified the Justice Ministry’s Department of Special Investigation (DSI) of its decision to indict four park officials accused of abducting and murdering Porlajee “Billy” Rakchongcharoen in April 2014. The charges include illegal confinement, premeditated murder, and concealing the victim’s body.

“Thai officials have long hindered justice for Billy through cover-ups and exploitation of legal loopholes,” said Elaine Pearson, acting Asia director at Human Rights Watch. “The authorities can right this wrong by ensuring that the attorney general’s decision to indict four officials moves promptly to an effective and fair prosecution.”

Billy was last seen on April 17, 2014, in the custody of Chaiwat Limlikitaksorn, then-head of Kaeng Krachan National Park in Phetchaburi province, and his staff. The park officials said they released him after questioning him briefly and had no information regarding his whereabouts. On September 3, 2019, DSI officials announced that his remains had been found in Kaeng Krachan National Park. Chaiwit was among the four indicted.

Pinnapa Prueksapan, Billy’s wife, told Human Rights Watch that she hoped there would be answers to basic questions, such as who had abducted and killed her husband, and who had obstructed justice.

Thailand is obligated under international human rights treaties to which it is a party to investigate and appropriately prosecute enforced disappearance, torture, custodial deaths, and other alleged human rights violations. In addition, in September 2019, Prime Minister Gen. Prayut Chan-ocha ordered the Department of Special Investigation to ensure that the case was watertight so the culprits could be brought to justice, regardless of their rank or position.

However, the investigation has suffered from a cover-up, Human Rights Watch said. Despite a long list of allegations against Chaiwat for serious abuses and misconduct during his tenure as head of Kaeng Krachan National Park, he has never been held to account.

In addition, Thai law does yet not recognize enforced disappearances as a crime. Human Rights Watch has repeatedly urged Prime Minister Prayut and his government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, which Thailand signed in 2012, and make enforced disappearance a criminal offense.

Chaiwat and his staff arrested Billy on April 17, 2014, for alleged illegal possession of a wild bee honeycomb and six bottles of honey.

At the time of his enforced disappearance, he was traveling to meet with ethnic Karen villagers and activists in preparation for an upcoming court hearing in the villagers’ lawsuit against Chaiwat and the National Park, Wildlife, and Plant Conservation Department of the Ministry of Natural Resources and Environment.

The villagers alleged in the lawsuit that, in July 2011, park authorities had burned and destroyed the houses and property of more than 20 Karen families in the Bangkloy Bon village. Billy was also preparing to submit a petition about this case to Thailand’s monarch. When he was arrested, he was carrying case files and related documents with him. Those files have never been recovered.

In September 2014, Police Region 7 officers filed malfeasance charges under article 157 of the penal code against Chaiwat and three other park officials for unlawfully detaining him. The other suspects named in the case are Boontaen Bussarakham, Thanaseth or Pitoon Chaemthes, and Krissanapong Jitthes. The DSI found traces of human blood in a vehicle belonging to the park office, but was not able to verify if the blood belonged to Billy because the vehicle was cleaned before forensic experts could examine it.

On September 3, 2019, the DSI announced that his remains had been found in Kaeng Krachan National Park, where he was last seen in custody of the park officials. The investigation team found an oil barrel, its lid, two steel rods, a burned wooden piece, and two bones at the bottom of the reservoir on April 26, 2019.

The Central Institute of Forensic Science subsequently confirmed the genetic trace of one of the bones found inside the barrel matched Billy’s mother. The investigation team then concluded it was part of his remains. The condition of this piece of human skull, which was burned, cracked, and shrunk due to exposure to heat of 200 to 300 degrees Celsius, suggests the killers burned his body to conceal the crime.

“The indictment of Chaiwat and other park officials is an important step for justice for Billy and all those whom Thai government officials have forcibly disappeared and killed,” Pearson said. “Thai authorities should recognize that they can’t escape being held accountable for the most heinous crimes.”

https://www.hrw.org/news/2022/08/16/thailand-officials-indicted-karen-activists-murder

Stop Reprisals Against Mongolian Human Rights Defender Sukhgerel Dugersuren

August 22, 2022

An astonishing 128 organisations joined Forum Asia on 18 August 2022 in signing the joint letter in support of the Mongolian human rights defender Sukhgerel Dugersuren which strongly condemns the criminalization and smear campaigns against her,

They call on all the international institutions and actors active in the country – including development banks, UN bodies and experts, EU member states and institutions, international embassies, international investors or private companies – to publicly speak out in support of Sukhgerel, use their leverage to strongly condemn reprisals, and take any action they can to ensure Sukhgerel can continue to safely carry out her work.

Who is Sukhgerel Dugersuren?

Sukhgerel Dugersuren is an internationally renowned human rights defender and the Executive Director of the Mongolian organizations Oyu Tolgoi Watch and Rivers without Boundaries Mongolia. She has a long trajectory of exposing human rights abuses and defending the rights of herder and rural communities in Mongolia. Her courageous and inspirational work is admired by scores of international and local civil society organizations, as well as UN Special Rapporteurs and experts, who have closely worked with her.

In the past decades, Sukhgerel has supported dozens of communities negatively affected by large-scale projects, such as mines and hydropower dams. She has helped these communities in denouncing the harmful impacts of these activities and bringing their grievances to the attention of the Mongolian government, development banks, and international organizations. For example, she supported complaints to the independent accountability mechanisms of the World Bank, International Finance Corporation, European Bank for Reconstruction and Development and the Asian Development Bank.

What happened and why is she being criminalized?

According to Front Line Defenders, on 2 August 2022, Mongolia’s General Intelligence Agency informed Sukhgerel that she is under investigation for committing crimes under the Mongolian Criminal Code Article 19.4, which prohibits the “illegal cooperation with foreign intelligence agency, agent.” Although no other details around the investigations have been shared, we fear Sukhgerel might be at risk of imminent arrest and we are deeply concerned for her safety.

Sukhgerel is being subject to a clear criminalisation process, where the law is used to limit civic freedoms and punish human rights defenders. The undersigned human rights organizations consider these accusations false and baseless, as they appear to be related to Sukhgerel’s support to the communities impacted by the Erdeneburen hydropower plant, funded by China’s EXIM Bank, and her legitimate requests for access to environmental information, public participation in environmental decision-making and transparency.

On 3 August 2022, during a government briefing, Mongolia’s Minister of Justice and Internal Affairs, H. Nyambaatar, stated that the construction of the Erdeneburen hydro plant had been suspended for two years, as a result of a letter from the local communities to the Chinese authorities. He also said that when development projects are interrupted by a civil society organization or person, then a task force should be established to investigate these cases as ‘sabotage’ under Criminal Code Article 19.6 and that the government could claim compensation for the lost economic opportunity. This concerning statement was shared just a few days before the visit by China’s Foreign Minister Wang Yi, to Ulan Bator on 7 and 8 August to discuss economic cooperation between the two countries and who specifically mentioned the Erdeneburen hydropower plant in his remarks.

The Mongolian Minister’s statement could be construed as a direct threat of reprisal against human rights defenders like Sukhgerel. It also sends a very chilling message to all individuals and communities peacefully raising concerns or opposing harmful projects, especially in a context where several environmental activists have already been threatened and criminalized.

Sukhgerel is also facing a worrying and orchestrated smear campaign in online media and social media. We are deeply worried about the criminalization and smear campaign against Sukhgerel, which puts her at additional risk and constitutes a threat to all human rights defenders and civil society groups in the country.

They call on the government and other relevant authorities in Mongolia to:

  1. Immediately investigate and unconditionally cease all attempts to target and criminalize Sukhgerel Dugersuren, as well as other human rights defenders and individuals expressing their opinion or raising concerns about development projects in the country;
  2. Guarantee in all circumstances that all human rights defenders in Mongolia are able to carry out their human rights activities without fear of reprisals and free of all restrictions, in line with Mongolia’s international human rights obligations and commitments, including its recently approved law on human rights defenders;
  3. ​​​​​​​​​​​​​​​​​​​​​Publicly recognise the importance of freedom of expression, meaningful participation, unimpeded access to information on development projects and environmental impacts, and a safe environment for human rights defenders, to help ensure development projects are truly sustainable for Mongolia.

https://www.forum-asia.org/

Aarhus Convention on environmental information gets especially experienced rapporteur

July 22, 2022

Michelle Langrand wrote in Geneva Solutions of 20 July 2022 that the “Michel Forst was elected special rapporteur for environmental defenders in June by the Aarhus Convention on environmental information.”

The newly appointed special rapporteur on environmental defenders Michel Forst will be able to intervene when environmentalists in the pan-European region are at risk of being attacked or penalised.

Defending the planet’s health can be a dangerous line of work – at times deadly. Two thirds of defenders murdered worldwide are environmental advocates, with 227 killings reported in 2020. While attacks in Europe and Central Asia are not as frequent as in other parts of the world, industries and governments publicly exposed for polluting or turning a blind eye to environmental crimes have been known to retaliate with harassment, legal action and even violence.

Environmental defenders in Ukraine documenting the impacts of the war or campaigners in Switzerland practising civil disobedience to alert the public about the climate threat can now turn to a UN expert to rapidly intervene on their behalf.

Elected at the end of June by parties to the Aarhus convention on the right to information about environmental issues, Michel Forst is the world’s first UN special rapporteur on environmental defenders. The nomination follows a 2021 decision by European and central Asian countries to create a rapid response mechanism amid a rise in attacks against defenders. [see https://humanrightsdefenders.blog/2021/10/26/aarhus-convention-gets-new-mechanism-to-protect-environmental-defenders/]

The French 71-year-old was UN special rapporteur on human rights defenders from 2014 to 2020.

Forst’s plans for the next four years are still being concocted. “It’s a very new mandate,” he told Geneva Solutions. To develop the tools and mechanisms he’ll be using throughout his term, he won’t have to look very far.

“I’ll be looking at how the working methods developed by the Office of High Commissioner of Human Rights could be implemented in this mandate, for instance, receiving complaints, sending communications to states when we know that rights have been violated and issuing public statements as well,” he said.

The complaints system will be one of Forst’s flagship measures and a chance to take it one step further. When UN experts under the Human Rights Council receive a complaint and write to a state asking for an explanation, the government has 60 days to reply, rendering it ineffective when a person’s life or security is at risk, he noted.

“We need to understand how it could be made effective because rapid response means that the special rapporteur has the possibility to intervene immediately by different means.”

The expert will also resort to what he calls “quiet diplomacy”, meeting with ambassadors both in Geneva and abroad, where there might be “systemic attacks against defenders”.s

Forst was elected by consensus by the parties to the Aarhus convention – an encouraging start for the expert. But not all governments will be easy to approach when they’re the ones in the hot seat. The most notable one is Belarus, sanctioned last year by fellow party members for closing down an anti-nuclear NGO that was collaborating with an expert body of the Convention. The country has deployed one of the most severe crackdowns in recent years in the region against civil society, and is on Forst’s to-do list. The country did not support the idea of creating a mechanism in the beginning, according to observers, although it did not oppose the proposal during the formal adoption last year. Last week, it was a no-show for the French expert’s nomination.

“​​Belarus is one of the last countries that I visited as special rapporteur on human rights defenders and on that occasion I met with a number of environmental defenders. I also had lengthy discussions with both the minister for foreign affairs and the minister of justice about the cases and to look at how my mandate at that time could help support government efforts to convict the perpetrators of attacks against defenders,” he said.

“Security forces employed by companies are the main perpetrators against environmental defenders. Part of the mandate is not only to speak to states, but also to companies and to draw attention to them, and to the countries in which they have their seat, over cases of maladministration, corruption or acts against defenders,” Forst said.

His efforts could add pressure on European countries to toughen corporate responsibility laws that could help protect defenders in countries beyond the convention’s jurisdiction. Within the country borders of the agreement, campaigners would also like to see Forst tackle legal abuses against environmental defenders that fall in a grey zone.

Yves Lador, Geneva representative for EarthJustice, told Geneva Solutions: “We see a worrying trend in democratic countries of targeting environmental activists directly through laws through different levels.

https://genevasolutions.news/climate/threatened-environmentalists-have-a-new-protector