Posts Tagged ‘freedom of association’

ISHR starts campaign to monitor Committee that throttles NGO access to the UN

May 4, 2016

I have written earlier about the worrying trends in the ‘obscure’ “ECOSOC Committee on NGOs”  (https://thoolen.wordpress.com/tag/ecosoc/) which is supposed to consider applications by NGOs for ECOSOC accreditation and, as such, is a key gateway for NGOs to gain access to the UN.

The International Service of Human Rights (ISHR) – which issued earlier a guide [https://thoolen.wordpress.com/tag/practical-guide-to-the-un-committee-on-ngos/] -has now come out with a statement that the “practice of the Committee is wholly unacceptable and must change”.

 

It has addressed a letter to ECOSOC – the parent body of the Committee – and copied to all Member States, the UN Secretary General, President of the General Assembly, and the President of the Human Rights Council. The letter expresses concern regarding the practice of the Committee. It intends to signal the level of concern NGOs feel about restrictions on civil society participation at the UN. The ISHR hopes that a large number of others will sign.

 

In addition to the letter, on Tuesday 24 May the ISHR encourages all NGOs to join in the public gallery at the upcoming Committee session in New York. Although the sessions are public, few NGOs attend and the sessions are not webcast. It is important that Committee members are aware the sessions are being monitored and reported on.

If you have any questions, please contact the International Service for Human Rights: information@ishr.chISHR-logo-colour-high

 

Chinese human rights defender He Xiaobo released on bail but others jailed

April 8, 2016

Frontline NEWlogos-1 condensed version - cropped

reports that on 8 April 2016 that human rights defender He Xiaobo (not to be confused with Nobel Laureate Liu Xiaobo) was released on bail after over four months in custody in Guangzhou, Guangdong province. The workers’ rights campaigner had been detained on 3 December 2015 along with a number of colleagues and on 8 January he was formally charged with ’embezzlement’. Two other human rights defenders detained at that time, Zeng Feiyang and Meng Han remain in detention and are facing charges of “gathering a crowd to disrupt social order”. He Xiaobo runs Nanfeiyan Social Work Service Centre, an NGO campaigning for compensation on behalf of workers who have been injured during the course of their work. The centre’s registration was rescinded in 2015. https://www.frontlinedefenders.org/en/case/case-history-he-xiaobo.

It is not a breakthrough in the treatment of human rights defenders in China (https://thoolen.wordpress.com/2015/01/19/the-plight-of-chinas-human-rights-lawyers-worsened/) but even small good news is welcome. On the other hand, also today Chinese Human Rights Defenders (CHRD人权捍卫者‏@CHRDnet) reports that 6 human rights defenders collectively received 20.5 years in prison for exercising their rights to free speech, assembly and association

German Amnesty International Human Rights Award 2016 goes to Henri Tiphagne from India

February 2, 2016

Indian lawyer and human rights defender Henri Tiphagne has been awarded the 8th Human Rights Award by Amnesty International Germany. The award is a recognition of Henri Tiphagne’s exceptional commitment to human rights. “For many decades now, Henri Tiphagne has been tirelessly and bravely standing up for human rights. His organisation’s invaluable work includes campaigning against discrimination and the use of torture in India,” Amnesty International said in a statement on 25 January 2016.Amnesty-Internationa
Henri Tiphagne is the founder of the organisation People’s Watch, one of the most notable human rights organisations in India. People’s Watch has been researching and documenting human rights violations, as well as providing legal representation to those affected, for over 20 years. The organisation also actively supports human rights education: In 1997, Henri Tiphagne founded an institute offering training for teachers as well as mentoring around school human rights education programmes. So far, they have managed to reach out to around 500,000 children in 18 Indian states.
In recent years, many organisations have come under intense pressure by the Indian government, and People’s Watch is no exception. The organisation’s bank accounts have been frozen repeatedly since 2012. This meant that some employees had to be dismissed and many programmes needed to be abandoned. The Delhi government in power at the time used the Foreign Contribution Regulation Act to justify this kind of harassment. A complaint filed by People’s Watch against these government actions is still pending. The same legal framework is being instrumentalised for political ends by the current government under Prime Minister Narendra Modi. Those targeted by the authorities include non-governmental organisations as well as activists and local protest groups campaigning, for example, against forced evictions to make way for new coal mining projects. [https://thoolen.wordpress.com/2013/11/05/india-should-end-funding-restraints-on-human-rights-defenders-says-hrw/]

Henri Tiphagne and his organisation People’s Watch, while fighting to ensure the rights of others, are themselves being harassed and hampered in their work by the authorities. And there are other civil society organisations in India that are in a similar position. The award is therefore meant to send a strong signal of support to the whole of the Indian human rights movement,” adds Selmin Çalışkan, Director of Amnesty International Germany.

Award ceremony to be held on April 25 at the Maxim Gorki Theatre in Berlin, Germany. For more information about Henri Tiphagne’s personal background and the situation in India please contact the Press Office mailto:presse@amnesty.de of Amnesty Germany.

Confessions abound on Chinese television: first Gui Minhai and now Peter Dahlin

January 21, 2016
Peter Dahlin appears on China state TV for his confession. CCTV/Twitter/Tom Phillips

The Hong Kong bookseller Gui Minhai, after being kidnapped by Chinese security services, made a confession on CCTV earlier this week. Now also Peter Dahlin a Swede working for a NGO [CUAWG] in China has made a “scripted” television confession following his detention earlier this week. [https://thoolen.wordpress.com/2016/01/13/the-plight-of-human-rights-defenders-in-china-just-two-weeks-into-the-new-year/] In a TV appearance on the state-run CCTV news channel, Dahlin said: “I violated China’s law through my activities here.  I’ve caused harm to the Chinese government. I’ve hurt the feelings of the Chinese people. I apologise sincerely for this and I am very sorry that this ever happened. I have been given good food, plenty of sleep and I have suffered no mistreatments of any kind.

Cases the CUAWG have worked on include that of Qi Chonghuai, a journalist and writer who was imprisoned for reporting on Communist party corruption, and Tulip Award winner Ni Yulan, a lawyer who opposed illegal demolitions and was beaten, harrased and imprisoned by police.

Source: Peter Dahlin: Swedish human rights law activist detained in China makes a ‘scripted’ confession | Asia | News | The Independent

Ongoing police harassment against Imelda Urio and 35 other human rights defenders in Tanzania

November 23, 2015

With International Women Human Rights Defenders Day coming up (29 November) I will pay special attention to questions that concern them. Here a case of police harassment from Front Line concerning Tanzania:  Read the rest of this entry »

On 19 November seven Moroccan Human Rights Defenders go on trial

November 19, 2015

Hisham Almiraat (center) with friends at the Global Voices 2012 Summit in Nairobi. PHOTO: Ivan Sigal

Maâti Monjib, Hicham Mansouri, Samad Iach, Mohamed Elsabr and Hisham Almiraat are facing charges of “threatening the internal security of the State”, an offense that can lead to up to five years in prison. Rachid Tarek and Maria Moukrim are facing charges of “receiving foreign funding without notifying the General Secretariat of the government”, which if found guilty, can result in fines.

The trial for the case is scheduled for 19 November, 2015. Morocco has seen a dramatic increase in human rights violations and attacks against journalists in the past year. Crackdowns on independent media, human rights defenders and civil society have led to a stifling environment that limits freedom of expression and association in the country.

We call the international community’s attention to the continuous interrogations, harassment, threats and arrests, as a deliberate attempt by the Moroccan authorities to silence dissidents. Freedom of expression is a fundamental human right (Article 19 in the Universal Declaration of Human Rights). The Moroccan government violates this universal right with the charges.

16 international and regional NGOs concerned with freedom of expression urge the Moroccan authorities to drop all charges and end the harassment of human rights defenders and journalists.

Read the rest of this entry »

Human Rights Defenders are too often forced to play ‘whack-a-mole’

September 22, 2015

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.

You can follow Rachel on Twitter at @RachelHRLC.

Source: Civil society space and whacking moles | ISHR

see also: https://thoolen.wordpress.com/tag/civil-society-organisations/

Donors should work jointly against the wave of civil society repression

July 10, 2015

The Newsletter of the International Service for Human Rights of 5 June 2015 carried an interesting piece written by two representatives of donors that are very active in the area of protection human rights defenders.  Julie Broome, Director of Programmes with the Sigrid Rausing Trust, and Iva Dobichina, Programme Manager with the Open Society Foundation‘s Human Rights Initiative, wrote jointly about much-needed efforts to “turn the tide against the wave of civil society repression”.  The piece follows in toto below, but some of the key points are: Read the rest of this entry »

Human rights defender Khalef Khalifa from Kenya in the spotlight

July 9, 2015

Frontline NEWlogos-1 condensed version - cropped in its July 2015 Newsletter puts the spotlight on Khalef Khalifa, Executive Director of the NGO MUHURI in Kenya.

 

On 8 April 2015, the official Gazette notice listed 85 companies and organisations, including MUHURI and Haki Africa, as suspected of having links to terrorism and linking them as specified entities. On 20 and 21 April, the police raided the offices of both organizations, disabling their servers, carrying away hard disks and documents, allegedly to determine whether they had been involved in tax evasion. On 28 May, the Non-Governmental Organisations’ Coordination Board announced through the media that they had de-registered the organizations. On 12 June the court dismissed all charges against MUHURI and Haki Africa on the basis that there was no evidence against them.

Khalef Khalifa (KK): As you know, on the 12th June was a good day for us as both MUHURI and Haki Africa, were entirely vindicated in court. The judge dismissed all the charges against us and said that there was absolutely no evidence to link us to terrorism in any form and specifically forbade the police or even the Minister to make any such reference in the future. However the outstanding difficulty is that he refused to unfreeze our bank accounts on the basis that we had failed to include the Central Bank in our case against the state. They have now agreed to join our case calling for the accounts to be freed but we have to wait for another hearing before the judge makes his ruling and we can begin getting back to normal.

FLD: Given the various lines of attack that were opened against MUHURI it seems as though the government was out to get you?

KK: ...we were targeted on three fronts: by the police, the Revenue Commissioners and by the NGO Board. So while the government accused us of terrorism, the Revenue Commissioners descended on our office and took away all out financial documentation to look for evidence of tax avoidance and the NGO Board lodged a complaint that we had not kept them properly informed of our activities, and in particular that we had not informed them of new appointments to our board, as required by the NGO Law. In the final verdict, while the judge said there was no evidence of involvement in terrorism, both the Revenue Commissioners and the NGO Board had to concede that we were 100% compliant with the regulations. The only thing the NGO Board could trip us up on was that while we had notified the NGO Board of the new appointments, we had not used the appropriate, and newly introduced, form. What is interesting is that in the early stages of the case the government was totally focused on pursuing a case on the basis of terrorism, but they quite quickly changed tack and started looking for any small technical failures they could find to try and make a case against us. But they failed because we have always operated in an entirely open and transparent way.

KK: The real reason for their animus against MUHURI is that we are critical of the police and have investigated their involvement in extrajudicial executions and forced disappearances. There have been at least 52 such killings and disappearances in the Mombasa region in the last two years. The police claim to be fighting terror but in fact terror is a more accurate description of the way the police themselves work. In one incident 8 people were shot dead in a church. The police claimed that it was an attack by Al Shabaab. However when the perpetrators were arrested it was clear that they were not Muslims and in fact had no affiliation to any particular group. The police then hid the names and tried to maintain the fiction of an Al Shabaab attack.

FLD: Will the work of MUHURI get back to normal now?

KK: ...As soon as the accounts are unfrozen we will continue out work as normal. For us it is clear that the government wants to intimidate and frighten MUHURI but we will not be intimidated – we will not give up.

for full interview see: HRD Spotlight: Khalef Khalifa, Kenya | Front Line Defenders.

The more general backdrop can be found in earlier Front Line messages, the 5 June appeal by the Observatory [http://www.omct.org/human-rights-defenders/urgent-interventions/kenya/2015/06/d23190/] and the statements made by NGOs on 26 June 2015 at the adoption by the UN Human Rights Council of the report of the Universal Periodic Review [UPR] of Kenya:

– International Service for Human Rights (ISHR) : Kenya should create an enabling environment for the work of human rights defenders – including repealing restrictions on NGO access to foreign funding and amending or repealing the Information Communication Amendment Bill and Media Council Bill. The statement also emphasised the risks faced by LGBTI people and organisations in Kenya as a result of the criminalisation of same-sex conduct. ‘It is crucial that the voices of human rights defenders are safeguarded and encouraged. This assists to create a vibrant, independent and diverse civil society which is essential to protect human rights, democracy and the rule of law’ said Michael Ineichen of ISHR.

http://www.ishr.ch/news/kenya-safeguard-and-encourage-essential-voices-human-rights-defenders

AllAfrica.com reports on Human Rights Watch comments: “We note Kenya’s acceptance of some important recommendations such as commitments to investigate torture and extrajudicial killings, including the killing of activist Hassan Guyo, and to fully cooperate with the International Criminal Court. But we remain concerned that there has been little tangible progress in many key areas. The ongoing abuses and recent threats to civil society illustrate a lack of commitment to implement these recommendations.

http://allafrica.com/stories/201506260835.html

 

Human rights defenders and their organizations are at the heart of the protection of natural resources

June 19, 2015

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.”

The Special Rapporteur’s full report (A/HRC/29/25/Add.3) is at: http://ap.ohchr.org/documents/dpage_e.aspx?m=189

For the UN Guiding Principles on Business and Human Rights: http://www.ohchr.org/EN/Issues/Business/Pages/Tools.aspx

 

Natural resources sector: UN expert calls for binding human rights treaty for corporations.