Posts Tagged ‘european region’

« Older posts

2021 global data report from the CIVICUS Monitor

January 18, 2022

The new #PeoplePower2021 report shows where civil society conditions are improving and getting worse. A closer look at top violations & trends.

2021 global data report from the CIVICUS Monitor

  • 9 out of 10 people live in countries where civic freedoms are severely restricted 
  • Country downgrades include Poland, Singapore, Nicaragua, Jordan and South Africa
  • Detention of protesters is the top violation of civic freedoms in 2021
  • COVID-19 continues to be used as a pretext to restrict rights across the globe

The fundamental rights to freedom of expression, assembly and association continue to deteriorate year after year worldwide, according to a global report released by the CIVICUS Monitor, an online research platform that tracks fundamental freedoms in 197 countries and territories. The new report, People Power Under Attack 2021, shows that the number of people living in countries with significant restrictions on civic rights, including the freedoms of expression, association and peaceful assembly, amount to almost 89% of the population this year. See also: https://humanrightsdefenders.blog/2021/05/26/10th-edition-of-civicuss-state-of-civil-society-report-2021/

The CIVICUS Monitor data shows that year after year, there is significantly less space for people to exercise fundamental freedoms: only 3.1% of the world’s population lives in countries rated as ‘open’.

Nearly two billion people live in countries with the worst rating, ‘closed’, where the authorities are routinely allowed to imprison, injure and kill people for attempting to exercise their fundamental freedoms. China, Saudi Arabia, Turkmenistan and 21 other countries fall under this category – Nicaragua and Belarus joined their ranks this year. 

It is nearly two years since the start of the COVID-19 pandemic and the virus is having a dire impact on civic freedoms globally, one that will have lasting impact if remedial action is not taken. Our research shows the detention of protesters and the use of restrictive laws to muzzle dissent are becoming more prevalent, as governments use the pandemic to introduce or implement additional restrictions on civic freedoms. 

“Governments across the world are setting a very dangerous precedent by using the health emergency as a smokescreen to crack down on protests and enact or amend legislation that will further limit peoples’ rights. Specifically, disinformation legislation is being enacted and used to criminalise speech, a concerning practice that could become the new norm to crush dissent,” said Marianna Belalba Barreto, Civic Space Cluster Lead. 

This year, 13 countries have been downgraded and only one improved their rating.  The CIVICUS Monitor is particularly concerned about civic space restrictions in Europe, where four countries dropped a rating: Belarus, Belgium, Czech Republic, and Poland. Europe has the greatest number of ‘open’ countries, but year after year we continue to see signs of serious deterioration.

Also alarming is the deterioration of civic space conditions in Africa, where South Africa, Botswana, Mali and Mozambique all dropped ratings. In the Americas, Nicaragua joined Cuba in our worst category, ‘closed’. The Middle East and North Africa retained its status as the region with the worst civic rights record, with Jordan being downgraded to ‘repressed’. In Asia, Singapore also fell into the ‘repressed’ category, as a persistent clamp down on dissent and opposition voices continues. 

https://monitor.civicus.org/widgets/world

“What we are seeing is not a proportional reaction to a health emergency, where restrictions are meant to be extraordinary measures to deal with a crisis that is temporary. On the contrary, governments are using the pandemic as a pretext to further accelerate the crackdown on human rights that we have been documenting over the past years.” 

Although only one country – Mongolia – improved its rating in 2021, it is important to highlight the resilience of civil society. Governments have not been successful in silencing alternative voices or limiting their activism. Despite increasing restrictions, civil society has found ways to continue to speak up and claim their rights.  

Over twenty organisations collaborate on the CIVICUS Monitor, providing evidence and research that help us target countries where civic freedoms are at risk. The Monitor has posted more than 550 civic space updates in the last year, which are analysed in People Power Under Attack 2021. 

Civic freedoms in 197 countries and territories are categorised as either closed, repressed, obstructed, narrowed or open, based on a methodology that combines several data sources on the freedoms of association, peaceful assembly and expression.

As the climate crisis intensifies and the effects of the COVID-19 pandemic exacerbate social and economic inequalities, the efforts of civil society are fundamental to achieve tangible results and systematic change. However, a new report by CIVICUS shows how activists, human rights and environmental defenders face profound barriers: not only are governments and businesses failing to take urgent steps to mitigate the climate crisis; they are also actively trying to silence activists, disrupt and prevent climate actions and repress environmental, land and Indigenous rights defenders. In addition, companies play a crucial role in limiting human rights activism.

CIVICUS’ report highlights the role of companies across the world in perpetrating, contributing to, or allegedly benefiting from attacks on human rights defenders and rights groups, including: Feronia PHC, Formosa Plastics Group, SOCFIN, Newmont Mining Company, Xiang Lin SI Ltd, Great Season Ltd, Chevron Energy, Somkhele and Tendele Coal Mining, PanAust, Oxec, OCP Ecuador and Petroecuador, SG Interests, Celtejo, Mineral Commodities (Ltd) (MRC) and Mineral Sands Resources, PetroTal, Enbridge, Lydian Armenia, andthe RWE Group. The report also highlights positive developments from Chevron and the Mizuho Financial Group.

The Business and Human Rights Resource Centre (BHRRC) had already asked most of these companies to respond to the allegations included in the report, previously. Responses can be found in the companies’ dashboard. BHRRC asked RWE Group to respond to the allegations; RWE’s response is included below.

https://www.civicus.org/index.php/media-resources/reports-publications

https://www.business-humanrights.org/en/latest-news/civicus-report-highlights-role-of-companies-in-attacks-on-human-rights-defenders-amid-increasing-restrictions-on-civil-society/

Posted in human rights, Human Rights Defenders | Leave a Comment »
Tags: , , , , , , , , , ,

9 November Webinar on reprisals in the European diaspora

November 5, 2021

On 9 November 2021 at 2pm CET, the Unrepresented Nations and Peoples Organization (UNPO) will be co-organizing with MEPs an event in the European Parliament presenting its report on third country reprisals against human rights defenders in Europe. With growing threats from China, Russia, Iran and Pakistan on European soil, UNPO wants greater action taken against their reprisals on minority rights diaspora in Europe. Our report can be found here. [see also: https://humanrightsdefenders.blog/2021/04/22/unpo-reprisals-on-the-rise/]

Event information :

Format : Webinar, with Presentation of report and testimonies

Date : Tueday, November 9

Time : 14.00 CET

Stream link : https://youtu.be/_WPgpYCuNrI

Event description :

UNPO has been working hard to expose the difficulties activists for self-determination and minority rights face due to reprisals by state actors. These can range from intimidation and threats to murder. As part of our broad Compromised Spaces campaign we wanted

Schedule and Panelists :

Moderator : Shima Silavi, Program Officer, UNPO

Hosts as MEPs : Jordi Sole MEP, Heidi Hautala MEP, Ignazio Castaldo MEP, David Lega MEP.

14.00 Opening Remarks

14.20-14.40 Presenting the Report : “Compromised Space: Foreign State Reprisals against Unrepresented Diplomats in Europe” Shima Silavi.

14:40 – 14:55 Ahwazi Arab Witness – Iran. Hawra Nissi, Daughter of Ahmad Mola Nissi, an Ahwazi Arab political activist who was shot dead in front of his home in the Hague in 2017

14:50 – 15:10 Uyghur Witness – China, Dolkun Isa, President of the World Uyghur Congress

15:10 – 15:25 Crimean Tatar Witness- Russia. Ayla Bakkalli, Representative of the World Congress of Crimean Tatars, Mejlis of Crimean Tatars People – UN Permanent Forum on Indigenous Issues

15: 25 – 15:40 Expert – Oxford University Dr. Fiona McConnell, Associate Professor in Human Geography. Fellow and Tutor at St. Catherine’s College, Oxford, recipient of the Philip Leverhulme Prize for Geography in 2019.

https://unpo.org/article/22170

Posted in Human Rights Defenders | Leave a Comment »
Tags: , , , , , , , ,

Aarhus Convention gets new mechanism to protect environmental defenders

October 26, 2021

The United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters was adopted on 25 June 1998 in the Danish city of Aarhus. The Aarhus Convention establishes a number of rights of the public (individuals and their associations) with regard to the environment. The Parties to the Convention are required to make the necessary provisions so that public authorities (at national, regional or local level) will contribute to these rights to become effective. See also: https://humanrightsdefenders.blog/2021/10/11/new-right-to-healthy-environment-ngos-urge-action/

Now (on Thursday 21 October 2021) the 46-strong group of countries across the wider European region has agreed to establish a new legally binding mechanism that would protect environmental defenders.

It takes the form of Special Rapporteur – or independent rights expert – who will quickly respond to alleged violations and take measures to protect those experiencing or under imminent threat of penalization, persecution, or harassment for seeking to exercise their rights under the Convention. As time is of the essence to buttress the safety of environmental defenders, any member of the public, secretariat or Party to the Aarhus Convention, will be able to submit a confidential complaint to the Special Rapporteur, even before other legal remedies have been exhausted. The agreement delegates setting up the new mechanism to the United Nations, or another international body. See also: https://humanrightsdefenders.blog/2019/11/28/cop25-climate-defenders-also-needed-to-be-shielded/

“I remain deeply concerned by the targeting of environmental activists”, said Secretary-General Antonio Guterres, welcoming the rapid response mechanism as “an important contribution to help advance my Call to Action for Human Rights”. 

“This landmark decision is a clear signal to environmental defenders that they will not be left unprotected”, said UNECE chief Olga Algayerova. “It demonstrates a new level of commitment to upholding the public’s rights under the Aarhus Convention, as well as Parties’ willingness to respond effectively to grave and real-time challenges seen in the Convention’s implementation on the ground”.   

A report to the Human Rights Council by Mary Lawlor, Special Rapporteur on the situation of human rights defenders, found that one-in-two human rights defenders who were killed in 2019 had been working with communities around issues of land, environment, impacts of business activities, poverty and rights of indigenous peoples, Afrodescendants and other minorities. See also: https://humanrightsdefenders.blog/2021/09/13/global-witness-2020-the-worst-year-on-record-for-environmental-human-rights-defenders/  

Since January 2017, among the Parties to the Aarhus Convention, incidents of persecution, penalization and harassment of environmental defenders have been reported in 16 countries. 

https://moderndiplomacy.eu/2021/10/24/landmark-decision-gives-legal-teeth-to-protect-environmental-defenders/

Posted in human rights, Human Rights Defenders, UN | 2 Comments »
Tags: , , , , , ,

OSCE message for Human Rights Day: human rights defenders will lead in 2021

December 15, 2020

(Alex Tait/ Creative Commons 4.0)

On 10 December 2020, Human Rights Day, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) issued a statement “The brave people strengthening human rights in 2020 will lead us out of adversity“. A bit belatedly. I reproduce here OSCE paying “tribute to human rights defenders and many organizations across the OSCE region that have protected our rights throughout the Covid-19 pandemic, and will have a key role to play if the global recovery is to put respect for human rights at its core“

OSCE states have long recognized the important role played by human rights defenders in ensuring full respect for human rights, fundamental freedoms, democracy and the rule of law.  Throughout the pandemic, numerous organizations, initiatives and activists have worked hard to lessen the suffering caused by the health crisis. They have exposed gaps in responses to the health emergency and drawn attention to the undermining of human rights standards and democratic values in the name of public safety.​​

As public emergencies were introduced across the OSCE region and human rights and freedoms of millions of people were restricted, national human rights institutions (NHRIs) as well as civil society organizations were swift to hold accountable those states that were using vaguely defined regulations to bypass human rights obligations and lower standards. In addition to their regular monitoring activities, NHRIs were often quick and resourceful in developing solutions and disseminating key information to the public when it was needed. 

A spirit of dialogue and compromise, the ability to combat systematic inequality and exclusion, and the will to overcome ever-deepening polarization, are hard to imagine without a strong and vibrant civil society. But in many places across the OSCE region, pressure on civic space is increasing. This takes many forms, from legislation restricting the activities of civil society to smear campaigns against human rights defenders and journalists.

Despite their commitment – or because of it – many courageous human rights defenders across the OSCE region have been the brunt of attacks in 2020. They have faced threats and intimidation, frequently initiated by national authorities, as well as funding cuts and risks to their data security and privacy.

Two years ago, ODIHR launched its first ever targeted assessments on the situation of human rights defenders. Early next year, ODIHR will publish trends and recommendations based on an analysis of almost 250 discussions across five OSCE countries. The report will identify gaps and challenges in the protection of human rights defenders, as well as highlighting good practices so countries can learn from each other as they seek to rebuild societies overwhelmed by the challenges of the pandemic. [see also: https://humanrightsdefenders.blog/2014/12/11/human-rights-day-2014-odihr-director-link-wants-to-move-from-words-to-deeds-for-human-rights-defenders-in-the-osce/]

Today, ODIHR wants to thank all those brave people across the OSCE region who are committed to safeguarding the human rights of us all. The Office will continue to support and work with them towards this ultimate goal.

https://www.osce.org/odihr/473352

Posted in human rights, Human Rights Defenders | Leave a Comment »
Tags: , , , , , ,

Human rights values under threat say European human rights leaders

December 10, 2020

Helena Dalli – the European Union Commissioner for Equality – and Dunja Mijatović – the Council of Europe Commissioner for Human Rights – published a joint opinion piece “Stop the rain on human rights” in Euractive at the occasion of International Human Rights Day 2020 on 10 December:

The current pandemic crisis serves as a magnifying glass of all existing inequalities in Europe – racism, gender and sexual discrimination, treatment of migrants: there is still a long way to go to ensure full and real equality in Europe,

Regrettably, for all the progress of the past seven decades, there is still a long way to go to ensure full and real equality in Europe. Our societies breed divisive levels of inequality, fear and polarisation. Structural discrimination keeps millions of Europeans on the margins of our societies, especially in employment, health, education, housing, and the criminal justice system.

The current pandemic crisis serves as a magnifying glass of all existing inequalities in Europe and exacerbates them. Those who were poor before it became poorer; those who were disadvantaged faced even greater disadvantages. Inequalities affecting women, LGBTIQ people and ethnic minorities illustrate this problem well….

Restrictions to freedom of assembly and association, obstacles to legal gender recognition and lack of adequate protection at public events are evident failures of state authorities to uphold their commitments and legal human rights obligations to ensure equality for LGBTIQ people.

The situation is not much better for people from ethnic minority and immigrant backgrounds. If you are of African descent you are more likely than white people to face discrimination in the job market, in education and housing, and to be stopped by the police without reasonable suspicion.

Hate incidents also continue to scar the lives of Jews, Muslims and Roma, who are among the preferred scapegoats of those who still stigmatise some groups of people on the grounds of their ethnic origin or religion.

The unkept promise of equality betrays a long political, philosophical and judicial tradition which places equality at the centre of European democracies. Both the European Court of Justice and the European Court of Human Rights have upheld the principle of equality and non-discrimination since the 1970s.

Yet, more and more governments and parliaments seem to pay little attention to their legal obligations, and to the destabilising consequences that keeping millions of Europeans as second-class citizens is having on our societies. Hard won progress’ longevity is not a given. We must protect and reinforce it every day.

The many challenges that our societies will have to face require that Europe strengthens the place equality occupies in our societies, starting by giving a more central focus to the principle of equality and non-discrimination in relations to all human rights, be they civil, political, economic social or cultural.

We must do better for the rights of the single mother living in poverty and for the disabled child prevented from attending a mainstream school. We must protect the rights of women and girls who have been sexually harassed, of young graduates who face discrimination in the labour market because of how their name sounds.

We also must remain vigilant in the face of worrying attempts to roll back progress towards equality for women and LGBTIQ people.

There is no easy fix, but already taking the decision to address these long-standing problems together is a good start. We firmly believe that the founding principles and values of the Universal Declaration are as relevant today as they were when they emerged from bloodshed, tyranny and war. They require that governments become stronger defenders of human rights.

We are helping them do so by addressing effectively the pervasive discriminations against women in Europe. Ratifying and implementing the Council of Europe Convention on preventing and combating violence against women and domestic violence is key to advance gender equality. This Convention has been ratified by 34 European countries, and signed by the EU.

However, the EU is not yet in a position to ratify because unanimity between member states has not been reached. We will join forces to make clear that the Convention protects from violence and nothing else; contrary to the misconceptions, fallacious and uninformed claims that have circulated and sown doubts.

Likewise, we are committed to fight racism and bring about an anti-racist culture. To this end, we believe that one of the priorities is to help member states stamp out ethnic profiling and end impunity for police misconduct.

We will also strengthen our work to counter discrimination against LGBTIQ people. We will continue to raise the visibility of LGBTIQ people in our dialogue with member states, support activists and use all means at our disposal to defend the right of LGBTIQ people to equality.

For this to happen, however, our voices alone will not suffice. There is the need for a renewed commitment by national authorities to uphold the founding values and legal obligations set out by the European Union and the Council of Europe. And here we get to the heart of the problem.

At best, many politicians in our member states remain indifferent about discrimination. At worst, they instigate violence and hostility. Politicians must be champions of equality, not obstacles to it. International organisations and the human rights community too have their bit to do.

We must become more inclusive in the way we defend human rights. We deliver a public service in the interest of society, but we do not own that service. We talk about, for and sometimes with people who have suffered human rights violations.

But we rarely empower them to speak for themselves. They should take part in decision-making processes as much as possible. We should learn to listen more and they must have the space to tell their stories and shape the policies and laws that concern them.

When states adopted the Universal Declaration on Human Rights on 10 December 1948, they pledged themselves to achieve equality. Giving practical effect to that vision is still possible – but only if we choose to strengthen freedoms, promote participation and empower all people.

Stop the rain on human rights
EURACTIV’s editorial content is independent from the views of our sponsors.

Posted in Human Rights Defenders | Leave a Comment »
Tags: , , , , , , , , , , ,

High level European meeting on fight against COVID-19 and its impact on human rights

April 10, 2020
Christian Ugge/Regeringskansliet

Christian Ugge/Regeringskansliet

A “digital meeting” was organised by the Swedish Ministry of Foreign Affairs to discuss the fight against COVID-19 and its impact on democracy and human rights.

“The major social, political and legal challenge is our democracies’ ability to respond to the COVID-19 sanitary crisis effectively, without undermining Europe’s founding values of Democracy, Human Rights and Rule of Law. The Council of Europe, through its statutory organs and all its competent bodies and mechanisms will ensure that measures taken have a legal basis and remain proportional to the threat posed by the spread of the virus and limited in time“, said Christos Giakoumopoulos, Council of Europe Director General of Human Rights and Rule of Law, at a digital meeting organised by the Swedish Ministry for Foreign Affairs.

The topic of the meeting was the fight against COVID-19 and its impact on democracy: the participants aimed at contributing to the global conversation about the risk of the COVID-19 response leading to, or being used as a pretext for, undue restrictions on human rights, democracy and the rule of law.

Christos Giakoumopoulos took part in the meeting with the Swedish Minister for Foreign Affairs Ann Linde and Minister for International Development Cooperation Peter Eriksson, as well as with other three representatives of key intergovernmental organisations: Michelle Bachelet, UN High Commissioner for Human Rights, Eamon Gilmore, EU Special Representative for Human Rights and Ingibjörg Sólrún Gísladóttir, Director of the OSCE Office for Democratic Institutions and Human Rights.

https://www.coe.int/en/web/human-rights-rule-of-law/-/digital-meeting-with-the-swedish-mfa-on-the-fight-against-covid-19-and-its-impact-on-democracy

 

Posted in human rights | Leave a Comment »
Tags: , , , , , , , , , ,

New Amnesty report on human rights defenders helping migrants

March 4, 2020
Amnesty accuses European law enforcement agencies of using trafficking and terrorism laws
Human rights group Amnesty has warned that concerned citizens across Europe are facing prosecution for offering help and assistance to refugees and migrants.

In a new report published on 3 March 2020, Amnesty International said European law enforcement authorities and prosecutors are “misusing already flawed” laws intended to prevent people smuggling and terrorism to target members of the public who offer migrants shelter and warm clothing, or attempt to rescue them at sea. Amnesty examined several cases that took place in Croatia, France, Greece, Italy, Malta, Spain, Switzerland and the UK between 2017 and last year, during which human rights defenders who attempted to help refugees and migrants were targeted under legislation intended to tackle organised immigration crime networks. Amnesty’s report comes as world media attention has once again turned to the Mediterranean migrant crisis after Turkey opened its border with Greece to thousands of Syrian refugees.

In one such case, Frenchman Pierre Mumber was charged with “facilitating irregular entry” into France when he was caught offering tea and warm clothing to four west African asylum seekers before being acquitted on appeal. The report also notes that Swiss citizens have faced prosecution for providing migrants and refugees with shelter or helping them access services and protection. Elsewhere, the agency revealed that people in Italy who have worked to rescue migrants and refugees crossing the Mediterranean on unseaworthy vessels have been subjected to smear campaigns and criminal investigations. See also:

https://humanrightsdefenders.blog/2019/12/18/international-migrants-day-the-story-of-the-ocean-viking/

https://humanrightsdefenders.blog/2018/12/02/un-experts-consider-human-rights-defenders-in-italy-under-threat/

https://humanrightsdefenders.blog/2020/02/12/luventa10-sea-rescue-group-gets-ai-germanys-human-rights-award/

Commenting on the contents of the report, Elisa De Pieri, Regional Researcher at Amnesty International, said: “The increased focus on limiting and deterring arrivals in Europe has meant that making refugees or migrants feel safer or welcomed is seen as a threat. “The failure of European states to fulfil the basic needs of refugees and migrants means it is often left to ordinary people to provide essential services and support. “By punishing the people who step up to fill the gaps, European governments are putting people on the move at even greater risk.”

Click to access EUR0118282020ENGLISH.PDF

Amnesty accuses European police of targeting ‘human rights defenders’ who help refugees and migrants

Posted in AI, Amnesty international, books, Human Rights Defenders | 2 Comments »
Tags: , , , , , , , , , , , , , , ,

“luventa10”, sea rescue group, gets AI Germany’s human rights award

February 12, 2020

Hilfsorganisation Iuventa Jugend Rettet (picture alliance/dpa/Iuventa Jugend Rettet)

Amnesty International Germany has awarded its human rights prize to the “luventa10“, the crew members of a sea rescue ship that saved refugees stranded at sea. The activists currently face human trafficking charges in Italy. For more on this and similar awards: http://www.trueheroesfilms.org/thedigest/awards/a-i-germanys-human-rights-award. This was announced on Tuesday.

In 16 operations between July 2016 and August 2017, the Iuventa crew allegedly helped rescue more than 14,000 people at sea, Amnesty said. Run by the German non-governmental organization Jugend Rettet (“Youth Rescues”), the Iuventa was confiscated by Italian authorities in Lampedusa in August 2017 under the suspicion that the organization was aiding illegal immigration and working with Libyan smugglers. See also: https://humanrightsdefenders.blog/2019/05/15/european-governments-should-stop-treating-solidarity-and-compassion-as-a-crime/

Criminal investigations have been brought against ten ocean rescue activists from Germany, the UK, Spain, and Portugal, “even though all they’ve done is save humans from drowning in the Mediterranean Sea,” Amnesty said, explaining its reasoning behind the choice.

An Italian court has charged the activists with “aiding and abetting illegal immigration.” Markus Beeko, secretary-general for Amnesty International Germany, calls the charges “more than shaky.” Iuventa10 stands as an example of how those that help “are criminalized for not forsaking people fleeing their home countries in their moment of need,” the organization said. An awards ceremony will take place in Berlin on April 22.

See also: https://humanrightsdefenders.blog/2019/12/18/international-migrants-day-the-story-of-the-ocean-viking/

https://www.infomigrants.net/en/post/22717/migrant-rescue-crew-of-iuventa-awarded-human-rights-prize

https://www.dw.com/en/amnesty-international-germany-awards-human-rights-prize-to-ocean-rescue-activists/a-52335304

Posted in awards, human rights | 2 Comments »
Tags: , , , , , , , , ,

EU’s Fundamental Rights Agency has new website to serve mobile users better

February 5, 2020

It prominently highlights useful tools like FRA’s EU Fundamental Rights Information System (EFRIS). This section steers users to key resources, such as promising practices from across the EU on how to combat hate crime or collect equality data, which they could use in their own work. In addition, country-specific information is more prominent so users can find local information from their country. It also flags which information is available in other EU languages. Users can also sign up for project updates via email so they can keep abreast of the latest agency developments. The site reflects FRA’s convening power as a hub for all human rights defenders which they can draw on for their work. It also aims to mirror FRA’s communicating rights mantra to maximise impact and outreach, helping to make a difference for people across the EU.

Accessibility remains a key consideration in the new design of the site.

https://fra.europa.eu/en/news/2020/new-modern-fra-website-promises-better-user-experience

Posted in EU, human rights | Leave a Comment »
Tags: , , , , , , , ,

European judges demonstrate in Poland against the ‘muzzle law”

January 13, 2020

Not many of us would expect to see European judges demonstrating in the streets, but Al Jazeera reports that on Saturday 11 January 2020 many joined their Polish peers in protest against the ‘muzzle law’, a bill which proposes strict disciplinary measures against Polish judges critical of the government’s judicial overhaul.

The latest escalation came when the government introduced a bill to discipline judges who question its changes [Anadolu]
The latest escalation came when the government introduced a bill to discipline judges who question its changes [Anadolu]

The office of Warsaw’s mayor said some 30,000 people took part in Saturday’s march to denounce a bill that would allow the Law and Justice (PiS) government to discipline judges who question its judicial changes. The introduction of the measure in December is the latest episode in a years-long squabble over courts reform in the country that has triggered a feud with the European Union. [see also: https://humanrightsdefenders.blog/2019/04/08/polish-judges-have-become-human-rights-defenders/]

Judges from more than 20 other European countries, many wearing judicial robes over their thick winter coats, carried placards with their countries’ names. As each delegation was announced, chants of “Thank you, thank you” rose from the crowd. About 1,000 Polish judges also joined the rally, with many travelling to Warsaw from all corners of the country.

“We want to feel that we are safe at work. A judge cannot fear that if a ruling they hand down is inconvenient for the government, they will bear consequences. It takes a lot of courage to stand up to that,” said judge Halina Musial.

Background: Despite protests in some 200 towns and cities when first announced, the draft law passed the PiS-dominated lower house in late December. It is now being considered by the opposition-controlled Senate, which may delay its passage, but is unlikely to stop it. The draft law, which makes it easier to dismiss or fine uncooperative judges, is seen as a response to an earlier blow to the government’s reforms.  In early December, the Supreme Court ruled that its own disciplinary chamber, a body created by the government, is “not a court within the meaning of EU and national law”. The court also found that the constitutional body nominating judges, the National Council of the Judiciary (KRS), which has been reformed to be mostly appointed by parliament rather than other judges, is “not an impartial and independent body”. When first introduced in December, Małgorzata Gersdorf, Supreme Court chief justice, warned that the changes would “infringe EU treaties” and risked driving Poland out of the bloc. For its part, the government claims that the bill is necessary to stop judges from “undermining” the legal system.  Since taking power in 2015, PiS has been at loggerheads with the EU over its judicial meddling, including installing allies in the constitutional court, trying to force Supreme Court judges into retirement and politicising lower-level appointments.  The European Commission’s vice-president, Vera Jourova, has urged Poland to halt work on the legislation until it had been properly consulted, echoing calls by the Council of Europe and the United Nations’ High Commissioner for Human Rights. 

At Saturday’s protest, Irish Supreme Court judge John MacMenamin carried letters of support from Irish Chief Justice Frank Clarke and the Association of Judges of Ireland, according to the Irish Times. Murat Arslan, an imprisoned Turkish judge and winner of the 2017 Vaclav Havel Human Rights Prize, also sent a note of support to the protesters, Polish website OKO.press reported. At the request of the opposition Senate speaker, the Venice Commission, an advisory body of the Council of Europe, visited Warsaw this week to prepare its “urgent opinion”, but the government declined to meet the representatives. Deputy Prime Minister Jacek Sasin responded that “Poland is a sovereign country and shapes its own legal system, including the judiciary. These are not issues governed by European law”.

Posted in human rights | 1 Comment »
Tags: , , , , , , , , , ,

« Older posts