As many international NGOs (e.g.: Human Rights First, Front Line, the Human Rights Foundation, ISHR and several trade unions) have already welcomed the release of two human rights defenders in Swaziland, it is perhaps interesting to give the local take on it through an article in the Swaziland Observer of 2 July 2015 at hand of Noxolo Nkabinde: “Bheki, Thulani sacrifice not in vain– SCCCO”.
The Swaziland Coalition of Concerned Civic Organisations (SCCCO) says the sacrifices made by Nation Magazine Editor Bheki Makhubu and human rights lawyer Thulani Maseko were not in vain..“When they wrote those articles, Bheki and Thulani could not have imagined the events that were to follow. They, as concerned members of the public and as human rights defenders, were simply articulating the sentiments of a nation, frustrated and rapidly losing faith in the justice system. As we continue to stand with them, we believe the pain they and their families have gone through is another building-block towards freedom – their sacrifice has not been in vain,” SCCCO said in their statement. They added that their charge, arrest, conviction and imprisonment were never justified and believed they were vindicated.
Interestingly the NGO gives big credits to the judiciary “We commend the judges of the Supreme Court for this ruling. We welcome this, amongst their first acts in office, as a sign that perhaps our judiciary is turning a corner towards the better path of justice. The past few years have increasingly eroded our confidence in the judiciary – the impeachment proceedings of the former chief justice exposed but a fragment of the rot that had set in the judiciary. But as we all know, that situation has been created and nurtured over time, and it’s predilection for injustice has its roots in an environment that is hostile to free speech, in particular the speech that dissents with the status quo. And so our rejoicing is bitter-sweet: this is not about the individuals who previously occupied and abused judicial office; nor is it about their heinous conduct during this and other cases – the problem of the judiciary, just as with the other structures of governance, is systemic, and our new judges and their successors will remain vulnerable to outside influence as long as the structural flaws are not addressed.”
This was also an opportunity to restore both the dignity of and confidence in the judiciary. It could also serve as an opportunity to develop and grow the country’s jurisprudence in a way that promotes a culture of human rights and good democratic governance.
The SCCCO anticipates an era of respect for the rule of law under the new Supreme Court Judges Qinisile Mabuza and Mbutfo Mamba: “We note in the appointments the presence of judges such as Qinisile Mabuza and Mbutfo Mamba who have a proven track record of fairness and we look forward to an era where such judges are not punished for being principled…We call on all the judicial officers, even as they have taken the judicial oath/affirmation of office, to also recall the following constitutional provisions: Whereas all the branches of government are the Guardians of the Constitution, it is necessary that the Courts be the ultimate Interpreters of the Constitution”.
The article adds with a sad note that in the meantime the Swaziland Office of the Media Institute of Southern Africa (MISA) has been closed due to lack of funding.
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 »
The International Humanistic and Ethical Union and the European Humanist Federation published this interactive map.
Go to the website below where you can then click a country to see a summary and then click “Read more” to see detailed information on that country’s “blasphemy” laws and accusations, and similar restrictions on free expression.
Rayma Suprani, one of the few female cartoonists in Venezuela, spoke at the 2015 Oslo Freedom Forum on 26 May about the role that humor plays in resisting tyranny, and how cartoons are the thermometers by which we measure freedom. She believes that critical drawings are crucial to testing the strengths of a democracy. Suprani worked at El Universal, one of Venezuela’s largest newspapers, for 19 years before she was fired last year after publishing a cartoon that mocked the legacy of Hugo Chávez and the state of the Venezuelan health care system. She remains defiant, and reminds us that humor is the key to ending repression: we should teach our children to wield pens, not guns.
At the 2015 Oslo Freedom Forum on 26 May there was a clarifying talk by Twitter vice-president Colin Crowell about how online platforms, like Twitter, play a key role in connecting people and spreading ideas. Crowell describes how Twitter, which allows for anonymity through the use of pseudonyms, encourages freedom of expression. He cautions that governments also try to limit this expression and control the flow of information by requesting that certain tweets be removed – or even by blocking Twitter completely. Crowell highlights how Twitter has been used to start various online social movements, citing several successful case studies from around the world.
Another speaker at the Oslo Freedom Forum (OFF) 2015 was Charlie Hebdo columnist, Zineb El Rhazoui, who paid tribute to her colleagues slain in the January 2015 attacks [she was at the time of the attack abroad] and describes her own experience facing thousands of death threats. In her passionate defense of free speech, El Rhazoui argues that criticism of religion should be encouraged, not avoided. The personal touch in her presentation is moving.
Investigative journalist Rafael Marques de Moraisis due to appear in court today in Angola for sentencing. On 25 May the Public Prosecutor in his trial requested that the judge convict him of criminal defamation and sentence him to 30 days in prison, only four days after the announcement of the Lunda Provincial Tribunal that charges against Mr. Marques de Morais had been dropped!“ After more than two years of continuous judicial harassment, solely based on Mr. Marques de Morais human rights activities, this last decision makes yet another mockery of justice in Angola ”, said Karim Lahidji, FIDH President.
[Mr. Marques de Morais is a well-known Angolan journalist and editor of an Angolan anti-corruption website,who has been facing continuous judicial harassment since the publication in 2011, of his book, “Blood Diamonds : Corruption and Torture in Angola”, in which he documents and denounces the corruption, allegations of homicides, torture, forced eviction of civilian settlements and intimidation of inhabitants of the diamond-mining areas of Angola’s Lundas region by some state agents and business entrepreneurs.]
He is same Rafael Marques de Morais, who was quoted in my post of 19 December 2013 about Mariah Carey performing for the President that “the presidency was happy to cover the capital in posters of her performance, but on November 23 the presidential guards murdered an activist in custody for posting fliers. Those fliers were a peaceful protest of the murder of other activists disappeared by state police. How does Mariah Carey, the artist and humanist, who so often speaks about human rights, feel about that?…..The Angolan Red Cross gala raised $65,000. Mariah Carey’s transportation alone cost several times that number. It’s absolutely shameless,” added de Morais. [from https://thoolen.wordpress.com/2013/12/19/mariah-carey-needs-better-informed-staff-and-donate-her-1-million-fee-to-human-rights-defenders-in-angola/#more-4223] Read the rest of this entry »
Where possible I like to extend coverage to countries that normally do not figure highly in the news. This press statement of 22 May 2015 from the UN Human Rights Office provides the occasion to zoom in on the Pacific island of Nauru.
Voicing concern over recent amendments to the Criminal Code in Nauru which “unduly restrict” freedom of expression, a United Nations expert on the issue today urged the Government to revoke such measures to fulfil its human rights obligations. “These new laws could be used to muzzle dissenting opinions and deter human rights defenders, academics, journalists, students, politicians and civil society members”, David Kaye, the UN Special Rapporteur on freedom of opinion and expression, warned.
Ambiguous and imposing harsh penalties, the amended Criminal Code also includes up to seven years in prison for a wide range of legitimate expression, according to Mr. Kaye. Nauru has also curtailed the freedom of press. It imposed a prohibitive $6,500 fee for a single entry visa for foreign journalists in 2014.
“Nauru should allow free space for expression without fear of criminal prosecution,” he said, adding that “it should lift all restrictions to access internet and social media, and facilitate access to the media in the country.” Since April, the authorities have blocked access to social media and internet to prevent pornography and “cyberbullying” and to protect the national culture. These restrictions, however, are “designed to prevent asylum seekers and refugees in the country from sharing information on their situation,” stressed the independent expert.
The High Commissioner for Human Rights is putting together a report of practical recommendations on how to create and maintain the space for civil societyto work freely and independently. The freedom of expression, association, peaceful assembly etc are at the heart of civic activity and good laws and rules to guarantee public freedoms, as well as ways to monitor and protect them are of course a necessary condition. But also needed are:
a political and public environment that values civil society’s contributions
free flow of information
long-term support and resources
space for dialogue and collaboration
The OHCHR is interested to hear from you about your experience. Please share:
your examples and illustrations of these and other ways to maintain space to work
if there are limitations, how do you continue to carry out your activities
useful links, tools, resources, guides (whatever the language)
And forward this Note to others who should know about it!!
Please send information before 30 June 2015 by email to: civilsociety@ohchr.org, with in the subject heading “Civil Society Space Report – Input”.
Hans Thoolen on Human Rights Defenders and their awards 