On 2 March 2016 the ISHR published a profile of human rights defender Park Lae-goon who promotes freedom of assembly and association while combating against State impunity. With 28 years of experience, he has been detained multiple times for participating in demonstrations demanding justice. Mr Park has become a symbolic figure fighting for victims of State violence in South Korea. In my next post I will devote attention to the new South Korean Act on Human Rights which aims more on North Korea. Read the rest of this entry »
The UN Human Rights Council will hold its 31st regular session at Palais des Nations in Geneva from 29 February to 24 March 2016(it also marks the 10th anniversary of the Human Rights Council). The International Service for Human Rights (see link at the bottom of the post) has published an Alert full of details, but I highlight here the elements that concern human rights defenders most directly:
Human rights defenders: The Special Rapporteur on the situation of human rights defenders, Michel Forst, will present his annual report to the Council on 3 March. The report focuses on good practices to promote and protect the rights of human rights defenders. Presentation of the report will be followed by a dialogue. Of significance this session is a substantive resolution that will be presented by Norway on the situation of human rights defenders. The resolution at this session of the Council follows on the heels of the resolution on human rights defenders presented at the General Assembly in November 2015. The General Assembly resolution included a number of new, important and substantive provisions, including on the vital role of advocacy and the work of defenders in contributing to sustainable development and the realisation of economic, social and cultural rights, and the responsibilities of business enterprises with respect to engaging, consulting and protecting defenders. [see also: https://thoolen.wordpress.com/2015/12/18/un-general-assembly-adopts-resolution-on-human-rights-defenders-with-increased-majority/] This latest resolution provides an opportunity to recognise the critically important work of economic, social and cultural rights defenders, and the cross-cutting challenges they face, including restrictions not only on their rights to health, food, housing, social security and work, but also on their rights to freedom of expression, association, assembly and life itself. Economic, social and cultural rights activists have been identified by current and previous Special Rapporteurs on the situation of human rights defenders as among the most isolated and stigmatised defenders. It is integral that the resolution recognises the role of both State and non-State actors in the protection of human rights defenders, and enjoys broad State support for strong language demanding their protection. (On 7 March, ISHR will facilitate a side event on this topic which will be the subject of a separate post) Read the rest of this entry »
On 21 January 2016 a group of United Nations Rapporteurs (Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association; David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression;Michel Forst, Special Rapporteur on the situation of human rights defenders; Christof Heyns, Special Rapporteur on extrajudicial, summary or arbitrary executions; and the Working Group on Enforced or Involuntary Disappearances) called on the Ethiopian authorities to end the ongoing crackdown on peaceful protests by the country’s security forces, who have reportedly killed more than 140 demonstrators and arrested scores more in the past nine weeks. “The sheer number of people killed and arrested suggests that the Government of Ethiopia views the citizens as a hindrance, rather than a partner,” the independent experts said, while also expressing deep concern about allegations of enforced disappearances of several protesters.
The current wave of protests began in mid-November, in opposition to the Government’s ‘Addis Ababa Integrated Development Master Plan’ to expand the capital’s municipal boundary. The ‘Master Plan’ could reportedly lead to mass evictions and the seizure of agricultural land in the Oromia region, as well as extensive deforestation. The UN experts welcomed the Government’s announcement on 12 January 2016 suspending the implementation of the ‘Master Plan’, but were concerned about continuous reports of killings, mass arrests, excessive use of force and other abuses by security forces. “The Government’s decision is a positive development, but it cannot be seen as a sincere commitment until the security forces stop their crackdown on peaceful protests,” they said. “The role of security forces should be to protect demonstrators and to facilitate peaceful assemblies, not suppress them.”
“We call on the Government to immediately release protesters who seem to have been arrested for exercising their rights to freedom of peaceful assembly and expression, to reveal the whereabouts of those reportedly disappeared and to carry out an independent, transparent investigation into the security forces’ response to the protests,” the experts said. “Impunity, on the other hand, only perpetuates distrust, violence and more oppression.”
The UN independent experts also expressed grave concern over the Ethiopian Government’s application of the Anti-Terrorism Proclamation 652/2009 to arrest and prosecute protesters, labelling them as ‘terrorists’ without substantiated evidence. This law authorises the use of unrestrained force against suspects and pre-trial detention of up to four months. “Ethiopia’s use of terrorism laws to criminalize peaceful dissent is a disturbing trend, not limited to the current wave of protests,” they experts noted. “The wanton labelling of peaceful activists as terrorists is not only a violation of international human rights law, it also contributes to an erosion of confidence in Ethiopia’s ability to fight real terrorism. This ultimately makes our world a more dangerous place.”
How the law was used recently is clear from the case of the “Zone 9” bloggers. Fortunately, on 16 October 2015 Front Line was able to report that all “Zone 9” bloggers were cleared of terrorism charges by the Federal Court in Addis Ababa. All bloggers and journalists whose terrorism charges have been dropped are members of the “Zone 9” and prominent social media activists. With the exception of Soliana Shimelis, the other human rights defenders, namely Mss Mahlet Fantahun and Edom Kassaye and Messrs Natnael Feleke, Befekadu Hailu, Atnaf Birhane, Zelalem Kibret, Abel Wabela, Tesfalem Weldyes and Asmamaw Haile Giorgis, were arrested on 25 and 26 April 2014 and remained in detention for over a year before being freed. The human rights defenders’ lawyer stated that “all the evidence presented was very weak to prove they were planning any kind of terrorism”. However, charges of inciting violence remain pending against Befekadu Hailu, who might face a ten-year imprisonment sentence if convicted. See: https://www.frontlinedefenders.org/node/29137
On 18 June 2015, Rachel Ball, Director of Advocacy at the Human Rights Law Centre in Australia, reflects on a cross-regional consultation of human rights defenders facilitated by ISHR:
There’s a game that you sometimes find at amusement arcades called whack-a-mole. Toy moles rise out of their holes at random and the player uses a large mallet to whack the moles on the head and force them back into their holes. A successful player needs vigilance, composure and a quick eye.
For human rights defenders, the protection of civil society space is a lot like a game of whack-a-mole. Threats arise without warning and valuable time, resources and energy are spent opposing them.
Almost one year ago, the Human Rights Council passed a resolution urging States to ‘create and maintain, in law and in practice, a safe and enabling environment in which civil society can operate free from hindrance and insecurity’. In too many cases the Human Rights Council’s resolution has not translated into domestic action and last week in Geneva ISHR convened a group of expert whackers from around the world to share their experiences of threats to civil society space and strategies to counter those threats.
Participants discussed anti-protest laws, restrictions on the establishment and funding of civil society organisations, constraints on the work of journalists, and national security and counter-terrorism laws that unduly restrict freedom of association and assembly. Each of these restrictive practices constitutes a current threat to civil society space in my country, Australia, and it was both troubling to see the regularity with which these laws and policies arise around the world, and encouraging to be exposed to the skill and dedication of human rights defenders working to defeat them.
We discussed and debated strategies for protecting civil society space, including building and maintaining strong coalitions, engaging with UN human rights mechanisms and other international actors, working with Governments and legislatures, strategic litigation, monitoring and reporting and working with the media and social media. We shared stories of success as well as failure.
What was abundantly clear during the ISHR convening was that human rights defenders should not be spending their time whacking moles. Beyond our work protecting civil society space, we are engaged in issues like persecution on the basis of sexual orientation and gender identity, militarisation, sustainable development, climate change and refugee rights, to name a few.
The contribution of civil society actors to human rights challenges like these is vital. As the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, told the Human Rights Council at the opening of its 30th session last week, ‘When ordinary people can share ideas to overcome common problems, the result is better, more healthy, more secure and more sustainable States. It is not treachery to identify gaps, and spotlight ugly truths that hold a country back from being more just and more inclusive. When States limit public freedoms and the independent voices of civic activity, they deny themselves the benefits of public engagement, and undermine national security, national prosperity and our collective progress. Civil society – enabled by the freedoms of expression, association and peaceful assembly – is a valuable partner, not a threat.’
In addition to enabling civil society through the proper protection of freedom of expression, assembly and association, States should make public commitments to support civil society and protect civil society space. Those commitments should be backed up by legal and institutional protection against intimidation and reprisals, support for the establishment and operation of non-government organisations and mechanisms to ensure transparency and accountability.
Human rights defenders will return home from ISHR’s consultation, training and advocacy program with their mallets at the ready, but really it would better if we didn’t have to use them at all.
The link between human rights defenders and the exploitation of natural resources was the focus of this year’s report (18 June 20150 by the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai. He called for a new treaty binding businesses to respect fundamental human rights, and for States and corporations to fully engage with civil society organizations in the context of natural resource exploitation.
“Corporations play an outsized role in the decision-making processes about exploitation of natural resources. But they are not subject to legally binding human rights obligations,” Mr. Kiai told the UN Human Rights Council during the presentation of his latest report. “It is time to address this issue more robustly; corporations must not escape responsibility to safeguard human rights.”
“I am aware that some would rather strengthen compliance with the Guiding Principles than have a binding treaty. But this should not be an either/or matter: Both should be pursued to protect human rights.”
The Special Rapporteur also highlighted States’ responsibility to recognize civil society organizations, including affected communities, as key actors in the context of natural resource exploitation. “Authorities endeavour to silence individuals and associations that express opposition to natural resource exploitation processes,” the independent expert said.
In his report, the Special Rapporteur argues that States’ and corporations pervasive disregard of communities and associations’ input in the natural resources sector is counterproductive and divisive, and is likely contributing to an erosion of confidence in the world’s prevailing economic system.
“The rights to freedom of peaceful assembly and of association are instrumental in achieving sustainable and mutually beneficial exploitation of natural resources,” he said. “These rights help foster increased transparency and accountability in the exploitation of resources and inclusive engagement throughout the decision-making chain.”
During his presentation, Mr. Kiai also warned that authorities have increasingly sought to stifle expressions of criticism and opposition by cracking down, often with unnecessary force, on peaceful protests; arresting, harassing, prosecuting and imprisoning human rights defenders; enacting restrictive legislation on associations; and interfering with the operations of civil society organizations.
“Peaceful protests are banned from sites where natural resource exploitation takes place and the situation is not any better in relation to the right to freedom of association,” he noted. “Individuals and associations who express opposition to natural resource exploitation processes are vilified as ‘anti-development’, ‘unpatriotic’, and even as ‘enemies of the State’”.
“This intolerance is reflected in countries in the global North, and the global South,” the Special Rapporteur said. “Nevertheless, I remain optimistic because of the incredible courage and determination of activists and ordinary people who refuse to be cowed or defeated, even if it means paying with their lives.”
On 26 May 2015, at the 2015 Oslo Freedom Forum, Thai journalist Pravit Rojanaphruk describes his fight for democracy in his home country following the May 2014 military coup. Talking about his own arrest, Rojanaphruk denounces the limitations to the right to assembly, expression and movement in Thailand, as well as the regime’s efforts to build the illusion of a happy Thailand. Rojanaphruk concludes his presentation by reminding us that tolerance and dialogue are essential if Thailand is to become a democracy again.
On 15 June 2015, 0ver 200 human rights NGOs urge the Democratic Republic of Congo to show respect for freedom of expression and assembly by freeing the “Filimbi activists“. Expression, Assembly The two activists were arrested three months ago, on 15 March during a pro-democracy youth workshop in the Democratic Republic of Congo. Fred Bauma and Yves Makwambala were arrested at the workshop organized to launch “Filimbi,” a platform to encourage Congolese youth to peacefully and responsibly perform their civic duties. Read the rest of this entry »
published on 21 April “KUMULIKA – THE AFRICAN COMMISSION MONITOR” which describes the NGO Forum that was held from 17-19 April prior to the 56th ordinary session of the African Commission on Human and Peoples’ Rights (ACHPR). It involved close to 200 civil society participants from the continent. As usual. the NGO Forum followed the practice of holding a series of panel discussions combined with smaller special interest discussion groups, over the course of which recommendations and resolutions were developed to put to the Commission at the upcoming session. You can find more detail in that Newsletter but some key elements are:
Radio Free Asia reported on 27 November that Vietnamese human rights defenders and foreign diplomats went ahead with a planned human rights conference in Hanoi on Wednesday, defying efforts by police to harass and intimidate. The conference, titled “U.N. Protection Mechanisms for Human Rights Defenders in Vietnam,” was held at the Thai Ha church in Vietnam’s capital Hanoi, and was attended by over 70 members of civil society groups, together with representatives of the United Nations and embassies of Australia, the U.S., the UK, and the European Union.After being warned by police that the rare gathering was considered “illegal” by authorities, event organizer Nguyen Quang A was repeatedly blocked in his efforts to arrive at the church, he told RFA’s Vietnamese Service on Wednesday. It took him 4 hours to reach the meeting place after having been blocked several times from taking public transport.
As a result of this condemnation, the Ministry of External Affairs has issued another letter, attempting to explain away the earlier one. The Ministry for External Affairs’ letter attempts to create the impression that the work of NGOs are restricted by several laws under the Voluntary Social Service Organizations Act Number 31 of 1980, by amendments to the Act, by regulations issued under an Extraordinary Gazette, as well as by a Circular Letter of the Secretary to the President. This letter from the External Affairs’ Ministry is a complete misrepresentation of the law in Sri Lanka.Read the rest of this entry »
Hans Thoolen on Human Rights Defenders and their awards 