(Independent Expert on Human Rights Michel Forst. Photo: Jean-Marc Ferré)
Posts Tagged ‘freedom of expression’
Special Rapporteur in Burundi: respect the work of Human Rights Defenders like Mbonimpa!
November 25, 2014
Malaysia and the EU: NGOs ask for more forthright action
November 25, 2014An “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 ….
Hunger Games 3-finger sign not welcome in Thailand
November 22, 2014
(Police stand inside the theatre in Bangkok where two student activists were arrested in connection with the showing of ‘The Hunger Games: Mockingjay – Photo by Pattarachai Prechapanich)
If there was any evidence needed that symbols from films travel fast, the Bangkok Post reports that on Thursday 20 November three students outside two Bangkok theatres. They were released without charges, but in the meantime the discussion had already started. On Friday Prime Minister Prayut Chan-o-cha of Thailand said he felt unthreatened by The Hunger Games’ three-fingered protest against totalitarian rule, but nonetheless warned people against using it. “I don’t know whether it is illegal or not but it could jeopardise their futures,” Gen Prayut told reporters at Government House. “I appreciate their courage but they should use their courage in the right ways”.
His comments came as the UN Office of the High Commissioner for Human Rights (OHCHR) in Southeast Asia criticised the authorities for a recent spate of instances in which people were led away for questioning after making the salute that has become a symbol of defiance for anti-coup protesters. The United Nations on Friday criticised the country’s military leaders for arresting students flashing the signature protest gesture from The Hunger Games while the film’s makers said they are concerned for the young activists. Director of The Hunger Games, Francis Lawrence, felt honoured that the film has become an inspiration but added: “My goal is not for kids to be out there doing things that are getting them arrested,” (in a Friday interview with Buzzfeed). “”In a sense, part of it is an honour that there (are) ideas in the movies that we’re making that (have) become so important to people that they are willing to risk something and use that symbol,” he continued. “But it’s so scary.”
“I didn’t want to punish [the students] so they were merely reprimanded, released and told not to do it again because it’s of no benefit to anyone,” Gen Prayut told reporters. The general also denied any role in Apex’s decision to pull the film from its Scala and Lido theatres.
Martin Ennals Award Jury expresses its concern about Loun Sovath, Martin Ennals Award Laureate 2012
November 22, 2014On 24 November 2014 the Jury of the Martin Ennals Award for Human Rights Defenders (MEA) published a letter expressing concern by all 10 NGOs on the Jury about the charges against its 2012 Laureate. Here is the text:
The Martin Ennals Award Jury (Listed Below) is extremely concerned about the flawed and protracted judicial proceedings being used to threaten renowned human rights defender (HRD) Venerable Loun Sovath. He is scheduled to face trial on November 25, 2014. Venerable Sovath is internationally known as the “multimedia monk,” and his efforts to voice the human rights abuses suffered by land communities and HRDs in Cambodia have been recognized globally. The charges brought against Venerable Sovath are groundless and must be dropped immediately.
Venerable Sovath was awarded the 2012 Martin Ennals Award for Human Rights Defenders. The award was created in 1993 to honor and protect individuals who demonstrate exceptional courage in defending and promoting human rights.
Despite international recognition Venerable Sovath has continually been targeted by religious and legal authorities in Cambodia. He has been subjected on numerous occasions to threats of imprisonment, verbal abuse, death threats, and defrocking, among others.
As part of a wave of arrests, trials, and convictions of social activists and peaceful demonstrators, this case is the renewal of an old case in which Venerable Sovath was charged with incitement to commit a felony [1] for allegedly inciting and leading demonstrations by victims of land conflicts against government authorities in Chi Kreng, Siem Reap, and Boeung Kak lake, Phnom Penh. The trial is now scheduled for November 25, 2014. If convicted, Venerable Sovath faces up to two years in prison and a fine of US$1,000, equivalent to over 4,000,000 Cambodian Riels.
….. The vagueness of the charges and lack of clarity surrounding the legal process raise significant concerns. The Martin Ennals Award Jury calls on the Government of Cambodia to ensure any legal processes are handled in accordance with the principles of the rule of law.
Martin Ennals Award Jury:
– Amnesty International,
– Human Rights Watch,
– Human Rights First,
– Int’l Federation for Human Rights (FIDH),
– World Organisation Against Torture (OMCT),
– Front Line Defenders,
– International Commission of Jurists,
– EWDE Germany,
– International Service for Human Rights,
– HURIDOCS.
[1] Cambodia Criminal Code, Article 495 (imposing criminal liability for “Incitement to commit a felony or to disturb social security…”).
UN General Assembly votes today on Iran: Joint appeal by NGOs
November 18, 2014Today – 18 November 2014 – the General Assembly is due to vote on a Resolution concerning Iran. Although the human rights situation in Iran has shown some slight improvements since Rouhani became president, it seems that hardliners keep firm control over the judiciary and thus over the life and well-being of human rights defenders. Also Iran continues to deny access to the UN Special Rapporteur on Iran. The Joint Letter to the Member States of the UN General Assembly signed by numerous NGOs makes the point quite clearly:
see also: https://thoolen.wordpress.com/tag/iran/
Text of Letter:
Your Excellency:
We, the undersigned human rights and civil society organizations, write to urge your government to vote in favor of Resolution A/RES/69/L on the promotion and protection of human rights in the Islamic Republic of Iran. This vote will take place during the 69th session of the United Nations General Assembly, scheduled to take place in the Third Committee this Tuesday, 18 November 2014.
This resolution provides a crucial opportunity to reiterate ongoing human rights concerns identified by members of the international community and Iranian civil society. Sixteen months into the presidency of Hassan Rouhani, who won the election after promising to improve the human rights situation, those living in Iran continue to suffer violations at the hands of the authorities. Indeed, during last month’s Universal Periodic Review (UPR) of Iran at the UN Human Rights Council, several UN member states expressed dismay at Iran’s lack of progress over the last four years, including on many of the recommendations Iran had accepted during the first UPR cycle in 2010.
Human rights abuses are deeply rooted in Iran’s laws and policies, both of which pose serious obstacles for much-needed rights reforms to take place. On 28 October 2014, the UN Special Rapporteur on the situation of human rights in the Islamic Republic of Iran, Dr. Ahmed Shaheed, reported that human rights in the country “remain of concern” and detailed violations of the rights to life, the rights to freedom from torture and discrimination based on gender, religion, and ethnicity, the rights to education, health, fair trial, freedom of expression, association, assembly, religion and belief, as well as limits on the press. Despite its 2005 standing invitation to the United Nations’ Special Procedures, Iran remains unwilling to accept their repeated requests to visit the country. Furthermore, the authorities have systematically worked to undermine the efforts of civil society in the country to promote and protect international human rights standards.
The continued attention of the international community is required if the Islamic Republic of Iran is to end this pattern of abuse and noncooperation. UN member states must continue to express their concern about these abuses. In doing so, member states provide support to civil society as well as to those in the Iranian government who wish to see improvements in the human rights situation. By voting in favour of the resolution, states will encourage Iran’s government to prioritize human rights and to advance and protect the rights of Iran’s population.
Since the beginning of 2014, Iran has executed at least 600 people. This figure includes juvenile offenders and individuals who may have been executed for peacefully exercising their rights including the rights to freedom of expression, association, and assembly. Death sentences in Iran are often imposed without any regard to internationally prescribed safeguards. Authorities executed Reyhaneh Jabbari on 25 October 2014, despite repeated calls from UN human rights mechanisms, including the Office of the High Commissioner for Human Rights, to stay the execution out of concern that her prosecution had failed to meet international fair trial standards. Moreover, the vast majority of executions in Iran are implemented for offenses, such as drug-related offenses, that do not meet the threshold of the “most serious crimes.” Iranian law maintains the death penalty for consensual sexual relations between adults, including for adultery and same-sex relations, and for financial crimes. Iran continues to execute in public despite calls by the UN Secretary-General on authorities to halt the practice.
Executions based on national security-related charges that may be politically motivated appear to be carried out disproportionately against members of Iran’s ethnic minority communities, including Ahwazi Arabs, Kurds, and Baluchis. Rights groups are concerned about the situation of 33 Sunni Kurds, most of whom are held in Raha’i Shahr Prison in Karaj and face imminent risk of execution. The men were sentenced to death following grossly unfair trials during which basic safeguards, such as the right to defense, were disregarded, in contravention of international fair trial standards.
The Special Rapporteur and human rights organizations continue to express grave concerns for scores of activists, journalists, human rights defenders, women’s rights activists, trade unionists, students, and members of ethnic and religious minorities currently languishing in arbitrary detention. Iranian detainees and prisoners consistently face the risk of torture or other ill-treatment, including prolonged solitary confinement and denial of medical treatment. They are regularly denied access to legal counsel or fair trials. Many detainees are prosecuted under vaguely defined national security charges, which are regularly used to silence peaceful expression, association, assembly, and religious activity. In July 2014, for example, journalist Sajedeh Arabsorkhi began serving a one-year imprisonment sentence on the charge of “spreading propaganda against the system.” It appears that the charge is related to her open letters to her father, Feyzollah Arabsorkhi, a former deputy trade minister and a senior member of a reformist political party, during the time he was imprisoned.
Systematic discrimination against women in law and practice also merits serious concern. In the past few years, the authorities have increasingly put in place discriminatory measures aimed at restricting women’s access to higher education, including gender quotas, and have adopted new population policies resulting in women’s restricted access to sexual health and family planning programs. The authorities continue to persecute those protesting such discriminatory laws and practices, often by accusing them of vaguely worded national security offences. This month, for example, Ghoncheh Ghavami learned of her one-year prison sentence and two-year travel ban by a Tehran court on the charge of “spreading propaganda against the system”. She was arrested after she protested a ban on women watching matches at sports stadium during a game played by Iran’s national volleyball team.
This resolution on the promotion and protection of human rights in Iran of the 69th UNGA is a vital opportunity for the international community to give expression to human rights concerns. The resolution welcomes recent positive statements by Iranian officials, while effectively drawing attention to the broad range of ongoing violations. Moreover, the resolution calls on authorities to cooperate with all UN Special Procedures, including the Special Rapporteur on the situation of human rights in the Islamic Republic of Iran.
Substantive cooperation with UN mechanisms and tangible rights improvements in line with Iran’s international legal obligations are the real measures of progress. By voting in favor of this resolution on 18 November, the UN General Assembly will send a strong signal to the government and all Iranians that the world is invested in genuine human rights improvements in the country.
Cambodian MEA Laureate 2012 Luon Sovath charged with incitement
November 5, 2014
(Luon Sovath after receiving the Martin Ennals Award for Human Rights Defenders in Geneva on 2 October 2012; left myself. 
AFP)
AFP) On 4 November Radio Free Asia (RFA) reports that two outspoken critics of Cambodia’s Prime Minister Hun Sen are called to court this month on vague charges of “incitement to commit a crime,” but the defendants say they have done nothing illegal. It concerns the human rights defender and monk Luon Sovath (MEA Laureate 2012) and dissident Sourn Serey Ratha (based in the USA). They received summons dated 22 October (!) signed by Phnom Penh Municipal Court deputy prosecutor Meas Chanpeseth accusing then of “incitement to commit crimes in Phnom Penh, Cambodia and abroad” in 2011, under Penal Code article 495, but the summonses, which ordered the two men to appear in court together in the capital on 25 November, do not specify what crimes they had incited or how their cases were linked.
[Under the Penal Code, incitement is vaguely defined in article 495 as directly provoking the commission of a crime or an act that creates “serious turmoil in society” through public speech, writings or drawings, or audio-visual telecommunication. Luon Sovath faces up to five years in prison if convicted, while Sourn Serey Ratha faces a total maximum punishment of 15 years.]
Sakharov Freedom Award Goes to 98 Azeri Political Prisoners
October 11, 2014October is awards season, so you should know that the 2014 Andrei Sakharov Freedom Award recognizes 98 political prisoners in Azerbaijan. [Note : there is also the European Parliament’s Sakharov Prize – of more info please go to: http://www.trueheroesfilms.org/thedigest/awards]
The Norwegian Helsinki Committee’s Secretary General, Bjørn Engesland, announced the award in Oslo on 6 October, noting the sad fact that Azerbaijan’s political prisoners “are too numerous to all be mentioned here.” The Committee has documented 98 political prisoners, among them 13 journalists and bloggers. In addition, the prisoners include 10 human rights defenders and civil society activists, nine youth activists, a prominent opposition leader, “and many other opposing voices and religious activists.” The Committee noted that Azerbaijan assumed the Presidency of the Council of Europe’s Committee of Ministers this year.“Just weeks after Azerbaijan took over the chairmanship in May 2014, a new wave of detention of activists started. In what appears as a sign of contempt against the Council of Europe institutions, this wave in particular hit human rights defenders who have worked hard with the Council for the recognition and release of Azerbaijani political prisoners.
China detains activists for supporting Hong Kong protests
October 1, 2014If there was any doubt that the Chinese regime fears contamination from Hong Kong, today’s (1 October) report by the NGO China Human Rights Defenders [CHRD] makes clear that any expressions of support are dealt with harshly. Authorities are reported to have detained a dozen activists across China and threatened several others who expressed support for Hong Kong’s pro-democracy protests in recent days….They include activist Wang Long, who was detained by police in the southern boomtown of Shenzhen on Monday for “creating a disturbance” after he posted messages about the protests online, CHRD said. The 25-year-old Wang made headlines last month with his decision to sue a state-owned telecom operator for denying him access to US search engine Google. Another activist, Shanghai-based Shen Yanqiu, posted online photos of herself with a shaved head in support for the Hong Kong protesters on Sunday, CHRD said. She was detained on Tuesday and is “being held in an unknown location”, according to the group. A group of “up to 20 citizens” were seized by police on Tuesday in the southern metropolis of Guangzhou, near Hong Kong, after gathering in a city park to voice support the pro-democracy camp, according to CHRD. At least two activists – Huang Minpeng and Liu Hui – were detained by police and “denied food” while in custody before they were released in the afternoon, the group said. Other areas where activists have reportedly been detained or threatened include Beijing, the southwestern mega-city of Chongqing and central China’s Jiangxi province. (AFP/nd)
via China detains activists for supporting Hong Kong protests: Rights group – Channel NewsAsia.
UN Human Rights Council adopts resolution on Sudan
September 28, 2014
(Justice minister Mohamed Bushara Dosa at the 27th session of the UN Human Rights Council in Geneva, 24 September 2014 (Jean-Marc Ferré/UNHRC)
The UN Human Rights Council adopted a draft resolution in Geneva on Friday 26 September calling on the Sudanese government to conduct an independent enquiry into the killing of protestors in September 2013, and March 2014. It also agreed to renew the mandate of the Independent Expert on the Situation of Human Rights in Sudan for another year. The Council expressed grave concern at the use of excessive force, including the lethal shooting of demonstrators, and called on the Sudanese government to launch an investigation and refer its findings to the judiciary to ensure justice and accountability for the incidents that occurred.
[A year ago, massive street protests erupted in the country against the lifting of fuel subsidies. According to activists, more than 200 people died in Sudan’s capital. On 11 March this year, a University of Khartoum student was fatally hit by a bullet, and other students were injured, when security forces attacked a peaceful demonstration by the students against widespread attacks by paramilitary troops on rural areas in Darfur.]
The UN human rights agency also expressed concern “at reports of restrictions on the media, pre- and post-publication censorship, seizure of newspapers, the banning of some journalists, and violations of the rights to freedom of expression and freedom of association and of peaceful assembly”. It urged the Sudanese government to further its efforts for the promotion and protection of human rights, in particular to ensure freedom from arbitrary arrest and detention, and to respect the human rights of all individuals, including human rights defenders and members of civil society organisations.
The draft resolution urged the Sudanese government to continue its full cooperation with the independent expert and allow him “effective” access to all parts of the country and concerned bodies, [It was proposed on Thursday that the Irish Thomas Edward will succeed the current independent expert, Mashood. A. Baderin.The Sudanese Minister of Justice, Mohamed Bushara Dosa, however, said on Saturday that Khartoum has objected to the appointment of Edward, on the grounds that Sudan had not been consulted. He said that Sudan has requested the extension of Baderin’s term. Dosa called on the UNHRC to end the mandate of the independent expert, and rejected the accusations of committing serious violations of freedoms and human rights, particularly in Darfur, South Kordofan and Blue Nile. He further rejected accusations by the independent expert that Khartoum was dragging its feet in investigating the September 2013 protests, and pointed out that the government has submitted to him a detailed report on measures undertaken with respect to those events.]
(Sources: UNHCR, EU-UN.Europa, Sudan Tribune)
Papua: human rights defender Gustaf Kawer at risk of arrest
September 19, 2014Several NGOs (i.a. Front Line and Asian Human Rights Commission) have expressed concern about the human rights defender Gustaf Kawer in Papua, Indonesia.
On 17 September 2014 a plain-clothed police officer visited the home of Mr Gustaf Kawer to deliver a summons in relation to his actions during a court hearing on 12 June 2014. This is the third summons he received since 19 August 2014. Allegedly, the human rights defender threatened and insulted a judge and was therefore subject to an investigation for “crimes against public authority”. As Gustaf Kawer was absent from his home, his wife refused to accept the summons, insisting that it should not be delivered to her.
[Gustaf Kawer received the first summons to appear before the police, to give a testimony, on 19 August 2014. However, according to an agreement between the Indonesian National Police and the Indonesian Bar Association (PERADI) on “Investigatory Procedures for Carrying Out The Profession As Advocate“, any summons issued to lawyers in relation to their work should be directed to PERADI. Since the summons on 19 August had been sent to Gustaf Kawer directly, he declined to appear. On 25 August 2014, a police investigator submitted a second summons to PERADI requesting that Gustaf Kawer appear before the Papua Regional Police headquarters for interrogation on 1 September 2014. The human rights lawyer had to leave his house for a while due to the risk of possible arrest. If prosecuted and found guilty, he could face up to 4 years in prison.]
This is not the first time that Gustaf Kawer has been targeted in connection to his work but after international campaign of solidarity and support, the authorities dropped the case against him (http://www.frontlinedefenders.org/node/27159).
Hans Thoolen on Human Rights Defenders and their awards 