FIDH | Hans Thoolen on Human Rights Defenders and their awards

Posts Tagged ‘FIDH’

In Memoriam Chan Soveth, Cambodian human rights defender

December 11, 2014

On Human Rights Day, FIDH reports that Chan Soveth, a prominent Cambodian human rights defender, has died at the early age of 51. He was a senior investigator at the Cambodian Human Rights and Development Association (ADHOC, a member organization of FIDH). “Chan Soveth was a voice for the voiceless. For decades, he selflessly worked for victims of human rights violations and abuses, in particular the poor and those living in remote areas, which ADHOC managed to reach out to”, said Karim Lahidji, FIDH President. “Soveth’s death is a great loss for his family, his colleagues and Cambodia’s human rights community, but the heritage of courage and commitment he left will last for generations”.

On many occasions, Soveth’s human rights work and personal commitment had caused him to be subjected to threats, intimidation and reprisals in the form of judicial harassment. In 2012, he had been forced to stay outside his country for several months. Upon his return, despite receiving another summon to appear before Cambodia’s flawed judicial system, and thus, despite the risk of being arbitrarily detained, he had decided to stay in Cambodia, amongst his fellow countrymen. Soveth relentlessly fought against human rights violations – from land grabbing and violations of people’s and communities’ rights to food, water or housing, to extrajudicial killings, arbitrary detention, torture, and violations of the rights to free expression and free assembly. He was not only a great investigator, trainer and human rights advocate, but also an inspiration to many. He was always eager to improve his impressive human rights and professional skills and to celebrate successes.

Cambodia and the community of human rights defenders lose a (…).

more details in: http://www.phnompenhpost.com/national/rights-warrior-passes-age-51

Posted in FIDH, human rights, Human Rights Defenders | Leave a Comment »
Tags: Adhoc, Cambodia, Chan Soveth, death, detention, FIDH, Human rights defender, human rights violations, in memoriam, intimidation, Karim Lahidji, land rights

Amin Mekki Medani, President of the Sudan Human Rights Monitor, arrested

December 7, 2014

On the evening of 6 December, 2014, the Sudanese National Intelligence and Security Services (NISS) arrested Dr. Amin Mekki Medani, a renowned human rights activist, President of the Sudan Human Rights Monitor (SHRM) from his house in Khartoum. Dr Medani was arrested shortly after he returned from Addis Ababa. There are serious concerns for the safety of Dr. Medani who is 76 years of age and suffers from high blood pressure and diabetes. According to the information received, the NISS refused to allow him to take his medications with him when he was arrested.

The Observatory for the Protection of Human Rights Defenders strongly denounces the arbitrary arrest and detention of Dr. Medani and considers it as a reprisal to sanction his legitimate human rights activities. [On December 3, 2014 Dr. Medani signed the “Sudan Call”, on behalf of civil society organisations. The “Sudan Call” is a Declaration on the “Establishment of a State of Citizenship and Democracy”, under which co-signatories committed to work towards the end of the conflicts raging in different regions of Sudan and towards legal, institutional and economic reforms. The Declaration, which commits signatories to end wars and conflicts as a priority, was co-signed in Addis Ababa by representatives from political and armed opposition parties, including the National Umma Party, the National Consensus Forces and the Sudan Revolutionary Front. Dr. Medani co-signed the Sudan Call on behalf of the Civil Society Initiative.]

Sudan: Arrest of the President of the Sudan Human Rights (…).

Posted in FIDH, human rights, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders, OMCT | Leave a Comment »
Tags: Amin Mekki Medani, arbitrary arrest, FIDH, Human rights defender, illegal detention, Observatory for the Protection of HRDs, OMCT, Protection of Human Rights Defenders, Sudan, Sudan Call, Sudan Monitor, Sudanese National Intelligence and Security Services (NISS)

2014 Annual Report Observatory: Land Rights defenders are the forgotten victims of unbridled development

December 2, 2014

The Observatory for the Protection of Human Rights Defenders (joint programme of OMCT and FIDH) has, since 2013, launched more than 500 urgent interventions on more than 60 countries. Its 2014 Annual Report came out today in the context of the 3rd UN Forum on Business and Human Rights and focuses on “land rights defenders” who are increasingly the target of repressive measures. The pressure on land has become unbearable and mobilisation for the respect of the economic, social and cultural rights of affected communities has become a high risk activity.

Between 2011 and 2014, the Observatory documented 43 assassination cases targeting land rights defenders and the judicial harassment of 123 defenders, sometimes together with their arbitrary detention. These figures only reflect a small fraction of the real picture. All regions in the world are concerned, Asia and Latin America being the most affected. The Observatory found that authors of repression are often the police, the military, private security agents and “henchmen”. Their objective being to silence dissenting voices likely to slow down investment projects.

In addition to violence, numerous States also use judicial harassment and arbitrary detention to intimidate defenders. Thanks to laws that violate fundamental freedoms or in violation of their own laws, they jail any person deemed to be a nuisance. “Terrorism”, “misleading propaganda”, “infringement to State security”, “public unrest”, there are many abusive charges which can result in heavy prison terms.

Land rights defenders are often powerless when they face physical attacks and arbitrary arrests. According to the Observatory, 95% of violations against them remain unpunished today. Judicial bodies in countries where such violations occur are characterised by a lack of independence, resources and expertise. Regarding the possibility of prosecuting business corporations responsible for human rights violations, the legal battle – if any – is often lengthy, perilous, unequal and costly.

At the heart of the problem lies the issue of the participation of individuals and communities affected by the development policies and investment projects. The Observatory calls for meaningful consultations that ensure the direct participation of populations affected by the projects and the recognition of land rights defenders as the legitimate spokespersons in order to prevent conflicts and put an end to serious human rights violations. Furthermore, it is necessary to strengthen the capacity and independence of domestic judicial systems, including in States hosting the headquarters of business corporations, in order to allow defenders to access justice and seek redress in the event of human rights violations.

The Observatory also recommends to strengthen international law in order to trigger effectively the responsibility of business corporations when the latter commit human rights violations and to guarantee the adequate protection of land rights.

The full report under the title “We are not afraid”: https://wearenotafraid.org/en/

Posted in FIDH, human rights, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders, OMCT | 2 Comments »
Tags: annual report 2014, Business and human rights, consultation, corporate accountability, defamation, environmental activists, environmental issues, FIDH, Human Rights Defenders, impunity, intimidation, judicial harassment, land rights, Observatory for the Protection of HRDs, OMCT, United Nations Guiding Principles on Business and Human Rights

Malaysia and the EU: NGOs ask for more forthright action

November 25, 2014

An “Advocacy Note” published in November 2014 by FIDH and SUARAM addresses the whole specter of human rights in Malaysia and how the EU should respond. Here are the parts that specifically concern human rights defenders:

FIDH and SUARAM draw the EU’s attention towards the following human rights challenges and call on Brussels to work with Malaysian civil society on the proposed solutions.

1. Publicly challenging Malaysia’s records on human rights

2. Addressing the impacts business activities on human rights

3. Using Treaties’ negotiations to obtain genuine human rights commitments

4. Supporting civil society activities

FIDH and SUARAM believe that the EU has overall been supportive of the work of human rights NGOs in Malaysia. The EU Delegation and Member States’ missions regularly meet with civil society and human rights activists, bilaterally or through the EU’s Human Rights Working Group, to discuss issues such as women’s rights, the elimination of racial discrimination, and freedom of expression. The EU Delegation maintains regular exchanges with NGOs, sends observers to trials against human rights defenders, and promotes the content of the EU Guidelines on Human Rights Defenders.

In recent years, the EU has provided financial support to NGOs working in the field of women’s and children’s rights, non-discrimination, freedom of the media, and indigenous people. With the current reduction of staff in the EU Delegation [7], civil society will now have to turn to Global Calls for Proposals to find support for its activities rather than seeking financial support directly at Delegation level through Country Based Support Schemes (CBSS). FIDH and SUARAM fear that such a change may have consequences on the effectiveness and sustainability of civil society activities. Many NGOs may not have the capacity to respond to the Calls for Proposals or to absorb the important amount of finance offered in calls designed for large- rather than middle-sized projects. It is therefore important for the EU to find alternative ways to support civil society beyond small emergency grants, for example in the form of funds at the regional level or sub-grants to local NGOs.

The EU must also step up its political support to civil society. The EU must push for the amendment of the 1966 Societies Act, which offers no judicial remedy to an association whose registration has been suspended or refused by the authorities. The EU must ensure that FTA provides for a genuine enabling environment for civil society.

Failure to do so would create a democratic gap in terms of monitoring of the agreement. The negotiation process should be an opportunity to hold tripartite discussions between the EU, Malaysian authorities, and civil society. The EU should offer technical advice to Malaysian authorities to reform the Societies Act and ensure the new version complies with international standards.

The fact that Malaysian authorities continue to criminalise peaceful assembly after the Court of Appeals declared a section of the Peaceful Assembly Act as unconstitutional is proof of the political will to repress peaceful assembly. This issue should be addressed by the EU at the highest levels of the political dialogue. The EU should also address the issue of recent calls made by Malaysian government officials to adopt legislation similar to the Indian Foreign Agents Registration Act, which would provide a legal basis for monitoring of foreign funds to civil society organisations.

Recommendations

FIDH and SUARAM call on the EU and its Members States to (inter alia):

• Demand the immediate release of individuals convicted for political reasons, notably under the Sedition Act.

• Establish a human rights roadmap in cooperation with Malaysian authorities and civil society, in order to achieve tangible results before the FTA are agreed.

• Ensure that human rights are included in the negotiations and the structure of the future Free Trade Agreement (FTA) with Malaysia.

• Place the support for civil society, human rights defenders, local communities, and indigenous peoples at the centre of their interactions with Malaysia. EU and its Members States must:
— Urge the Malaysian authorities to ensure that all citizens’ human rights, including the rights to freedom of expression and assembly are respected;
— Press Malaysian authorities to amend the Societies Act to bring it in line with international standards, and provide technical support to that effect;
— Press for effective and immediate investigation into serious cases of human rights violations, and the formation of an Independent Police Complaint and Misconduct Commission (IPCMC) to investigate allegations of torture and deaths in police custody;
— Demand that Malaysian authorities set a date for the country visit of the UN Special Rapporteur (UNSR) on Freedom of Assembly and Association and extend an invitation to the UNSR on the rights of Indigenous Peoples and the UNSR on Freedom of Religion;
— Organize a civil society seminar before the EU-Malaysia human rights and political dialogues;
— Include civil society in sectoral discussions and in the negotiation process of the FTA;
— Propose alternatives to make up for the end of Country Based Support Schemes in order to ensure financial support to the work of human rights NGO.

• Encourage Malaysian authorities and companies to adopt binding regulations and a business investment framework to prevent human rights violations by economic operators and ensure accountability in the case abuses take place. Regulations must be in line with international human rights standards, including the UN Guiding Principles on Business and Human Rights.

• Prepare a strategy on business and human rights that ensures that current and future investments by EU-based companies do not negatively affect human rights in Malaysia. This strategy, to be designed with Malaysian authorities, companies, and civil society, should aim at setting up binding regulatory measures corresponding in line with international standards.

• Work with Malaysian authorities to ensure that their development plans do not negatively affect human rights.

Advocacy Note: A committed but too shy EU support to human ….

Posted in FIDH, human rights, Human Rights Defenders | Leave a Comment »
Tags: Advocacy Note, business, Civil society, corporate accountability, EU, FIDH, freedom of association, freedom of expression, human rights activists, Human Rights Defenders, illegal detention, indigenous groups, Malaysia, Suaram

UN recognizes that Belarus violated the freedom of association of Ales Bialiatski

November 19, 2014

The UN Human Rights Committee decided on 24 September 2014 that Belarus had violated the freedom of association of Ales Bialiatski, President of Human Rights Centre “Viasna”. This groundbreaking decision is not limited to Belarus but concerns all signatory States that violate the freedom of association. The interpretation could benefit other human rights defenders who are under pressure from political and administrative measures to curtail their right to freedom of association. The text of the press release issued by FIDH (whose Director General represented the victim) on 17 November follows:

Paris-Minsk, 17 November 2014 – In a decision that will go down in history, on 24 September 2014 the UN Human Rights Committee officially recognized that the Republic of Belarus violated the rights of Ales Bialiatski, President of Human Rights Centre “Viasna” and FIDH Vice President. The Committee recognized violations of Article 9 (the right to liberty and security of the person), Article 14 (the right to justice and a fair trial), and Article 22 (freedom of association) of the International Covenant on Civil and Political Rights (ICCPR). This decision follows an individual communication from Ales Bialiatski’s spouse Natalia Pinchuk, represented by FIDH Director General Antoine Bernard. It sends a strong signal to regimes that manipulate their legislation to stifle critical voices and violate the freedom of association.

After Viasna was deprived of its state registration in 2003, its founders applied for registration at the Ministry of Justice three times between 2007 and 2009. However, the state refused registration every time. As a result, Viasna was unable to open a bank account in its name and receive funding for its activities. According to the Committee, Belarus violated the organization’s right to freedom of association when it denied Viasna registration, basing its decision solely on the argument that the documents submitted by Viasna needed minor adjustments to meet the requirements of the Ministry of Justice which could have been corrected should the Ministry had given it an opportunity to do so. The refusal to register Viasna rendered its activities illegal within Belarus and prevented its members from accessing their rights. Sentencing Ales Bialiatski to a lengthy prison term for actions associated with the receipt and expenditure of funds aimed at carrying out the legitimate activities of his organization was a direct consequence of the violation of freedom of association. The Belarusian courts rejected evidence that these funds were intended and used for these purposes and did not consider the case in a way that would aim to safeguard the freedom of association. Consequently, imposing criminal liability on Ales Bialiatski violated this freedom.

“This decision by the Human Rights Committee, based on international law, recognizes the legitimacy of Viasna’s activities and fully rehabilitates Ales Bialiatski”, rejoiced Valentin Stefanovic, Vice President of Viasna.

The Committee also found that Ales Bialiatski’s detention during the initial investigation was arbitrary, since the decision to arrest him was made by the procurator/prosecutor and not the court and was based solely on the gravity of charges and not on any evidence that this measure was needed or advisable.

The Committee found that over the course of criminal proceedings, Ales Bialiatski’s presumption of innocence was violated, as seen in treatment of the case by state media and statements by the president of Belarus. They presumed Ales Bialiatski’s guilt before the court’s verdict took effect. Also, he was wrongfully kept in a cage during the trial and brought into the courtroom in handcuffs.

The Committee’s decision states that Bialiatski is entitled to legal remedies: reconsideration of Viasna’s application for state registration, clearing of his criminal record, adequate compensation, including reimbursement of fines paid in accordance with judicial decisions. Furthermore, the Committee found that the State should review its laws on associations and bring them into accord with Article 22 of the ICCPR.

“The Committee has communicated the decision to the State, which is now obliged to provide Ales Bialiatski with legal remedies”, said Karim Lahidji, FIDH President. “This decision is crucial for Viasna, other Belarusian human rights organizations and the respect for liberty of association all over the world, as numerous regimes try to stifle critical voices”.

The decision reached by the Committee on this case sets a precedent. It clearly demonstrates that the actions of a state aimed at obstructing the activities of human rights organizations – from refusing to register an association to prosecuting its members for exercising their right to associate—are in violation of international law. No manipulation of internal legislation by individual states can hide these violations from the international community.

Our organizations consider this decision a source of expert legal arguments in the face of ever increasing pressure on human rights defenders and their organizations.

for earlier posts see https://thoolen.wordpress.com/tag/ales-bialiatski/

UN recognizes that Belarus violated the rights of Ales ….

Posted in FIDH, human rights, Human Rights Defenders, UN | 1 Comment »
Tags: Ales Bialiatski, Antoine Bernard, article 22 ICCPR, Belarus, Convention on Civil and Political Rights, FIDH, freedom of association, Human Rights Centre Viasna, legal ruling, Natalia Pinchuk, UN Human Rights Committee

The 5th “Inter-mechanisms”: consultations between inter-govenmental and non-governmental entities on human rights defenders

November 17, 2014

On November 12 and 13, 2014, the UN Special Rapporteur on Human Rights Defenders, Michel Forst, met with representatives of regional human rights defenders’ mechanisms, in the framework of the first part of the fifth “inter-mechanisms” meeting. Enhancing coöperation between the UN mechanism and its regional counterparts was defined as a priority by the UN Special Rapporteur in his first report to the UN General Assembly in October 2014.

The “inter-mechanisms meeting 5.1” gathered representatives from the UN, the International Organisation of “La Francophonie” (OIF), the African Commission on Human and Peoples Rights, the Inter-American Commission on Human Rights, the Office of the Commissioner for Human Rights of the Council of Europe, the OSCE/ODIHR, the European Union, as well as international NGOs. It was hosted by theOIF headquarters in Paris, and was facilitated by the Observatory for the Protection of Human Rights Defenders (FIDH-OMCT joint programme).Participants reflected on ways to enhance cooperation, if not articulation, in processing submissions and public statements about human rights defenders’ violations, and in enhancing the follow-up of individual communications and recommendations from country visits. They further discussed best practices and strategies to tackle the issue of arbitrary detention, particularly on emblematic cases.

The meeting also allowed for an exchange on the definition of reprisals and impunity, how they relate to each other, and how tackling impunity through accountability would ultimately mitigate the root-cause of reprisals.

Finally, participants had a discussion on the issue of NGO funding, including foreign funding, as well as on the protection of land rights defenders, echoing the topics of the 2013 and 2014 Annual Reports of the Observatory.

This meeting aimed to prepare an “inter-mechanisms meeting 5.2”, gathering mandate-holders themselves, which the Observatory will organise during the first quarter of 2015 at the OIF headquarters. Last but not least, FIDH and OMCT were invited by the Office of the Commissioner for Human Rights of the Council of Europe to hold the sixth meeting in Strasbourg, and a future meeting in Warsaw, by ODIHR.

“Inter-mechanisms 5.1”: enhanced cooperation will lead to better protection of human rights defenders – FIDH.

Posted in FIDH, human rights, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders, OMCT | Leave a Comment »
Tags: consultation, FIDH, Human Rights Defenders, Inter-American Commission on Human Rights, inter-mechanisms, inter-mechanisms 5, La Francophonie, mechanisms, Michel Forst, Observatory for the Protection of HRDs, Office of the Commissioner for Human Rights of the Council of Europe, OIF, OMCT, Paris, regional organisation, reprisals, Special Rapporteur on Human Rights Defenders, UN Special Rapporteur on Human Rights Defenders

Glimmer of hope for Sotoudeh and Iran crashed by Tehran Bar Association

October 21, 2014

The glimmer of hope for Nasrin Sotoudeh and Iran which I saw in my post of 6 September [https://thoolen.wordpress.com/2014/09/06/glimmer-of-hope-in-iran-nasrin-sotoudehs-ban-to-practice-overruled/] seems to have been crushed already. Yesterday, 20 october, the Observatory for the Protection of Human Rights Defenders, the joint programme of FIDH and OMCT, has received new information that on 18 October 2014, a three-member disciplinary investigation panel of Tehran’s Bar Association has now suspended Nasrin Sotoudeh’s law license for three years, based on a complaint filed by the Islamic Revolution Court’s Prosecution Office (unlike the first disciplinary panel of the Tehran Bar Association which rejected a similar request). Read the rest of this entry »

Posted in FIDH, human rights, Human Rights Council, Human Rights Defenders, MEA, Observatory for the Protection of Human Rights Defenders, OMCT | Leave a Comment »
Tags: bar association, Bar Associations, FIDH, Final Nominee MEA 2012, Human Rights Defenders, human rights lawyer, Independence of Lawyers, independence of the judiciary, Iran, MEA, Nasrin Sotoudeh, Observatory for the Protection of HRDs, OMCT, revoking, UN Working Group, woman human rights defender

Side event on Egypt as a human rights emergency

September 8, 2014

During the current session of the Human Rights Council there will again many side events in Geneva. I will refer to some of them not only in the hope that you may able to attend, but also to illustrate the concerns of the NGO movement:

On Tuesday 9 September from 12.00 to 13.30 (Palais des Nations, Room XXI) there will be a side-event organised jointly by Amnesty International, CIVICUS, Human Rights Watch, FIDH, ISHR and the International Bar Association. Speakers are:

Kenneth Roth, Executive Director, Human Rights Watch
Souhayr Belhassen, Honourary President, International Federation for Human Rights FIDH
Philip Luther, Middle East and North Africa Program, Amnesty International
Phillip Tahmindjis, Director, International Bar Association Human Rights Institute
Moderator: Yves Magat, Journalist, Télévision Suisse Romande

via Egypt: A human rights emergency | ISHR.

Posted in Amnesty international, FIDH, HRW, human rights, ISHR | Leave a Comment »
Tags: Amnesty International, Civil society, Egypt, FIDH, Geneva, Human Rights Council, Human Rights Watch, impunity, International Bar Association, International Bar Association Human Rights Institute Moderator, ISHR, Kenneth Roth, NGOs, Philip Luther, Phillip Tahmindjis, repression, side event, Souhayr Belhassen

Pinar Selek case in Turkey: the Supreme Court overturns life sentence against Pınar Selek

July 9, 2014

With a bit of delay, here is the good news that the Turkish Supreme Court – on 11 June – overturned the life sentence issued which was issued against sociologist Pınar Selek on January 24, 2014. The case will have to be re-tried before a lower court for the fifth time. On June 11, 2014, the Criminal Chamber No. 9 of the Supreme Court decided to overturn the decision of a lower court to sentence to life imprisonment Ms. Pınar Selek, an academic known for her commitment towards the rights of vulnerable communities in Turkey. The court argued that Istanbul Special Heavy Criminal Court No. 12 had violated procedural rules, by revoking its own decision of acquittal while the case had already been transferred for review to a higher court. Read the rest of this entry »

Posted in FIDH, human rights, Human Rights Defenders, Observatory for the Protection of Human Rights Defenders, OMCT | Leave a Comment »
Tags: fair trial, FIDH, human rights lawyer, illegal detention, judicial harassment, Kurdish cause, minority rights, Observatory for the Protection of HRDs, OMCT, Pınar Selek, retrial, torture, Turkey, woman human rights defender

Good NEWS: Ales Bialiatski – Belarus’ best-known human rights defender – freed from prison

June 22, 2014

On 21 June 2014 it was reported by AP and others that prominent Belarusian human rights defender Ales Bialiatski was finally released from prison that day. The 51-year-old leader of the NGO Vyasna, was released 20 months ahead of schedule. Supporters greeted Bialiatski at a train station in the capital, Minsk, after he traveled from prison.”The international support and the support back home, this is what brought about my release,” Bialiatski told reporters, “I will continue to do what Ive been doing.” [6 people remain in prison for political activism, including former presidential candidate Nikolai Statkevich]

via Belarus human rights leader freed from prison after 3 years in possible gesture to West | Star Tribune.

for earlier posts on Ales Bialiatski: https://thoolen.wordpress.com/tag/ales-bialiatski/

Posted in human rights | 1 Comment »
Tags: Ales Bialiatski, Belarus, Bialiatski, FIDH, free, human rights, Human rights defender, prison, prison sentence, Viasna Human Rights Centre

Hans Thoolen on Human Rights Defenders and their awards