Participants shout slogans during a rally organised by pro-democracy group Bersih 2.0 near Dataran Merdeka in Kuala Lumpur, August 30, 2015. — Reuters pic
Bersih 2.0 (also called the Walk for Democracy) has won South Korea’s 2016 Gwangju Prize for Human Rights for its efforts in pushing for electoral reform in Malaysia. The Bersih 2.0 steering committee, in a statement, said it was proud for being acknowledged for its work through the Gwangju award. “This acknowledgement is the result of the fight of the people of Malaysia who had gathered peacefully as many as four times in the city centre to seek a clean and fair electoral system in the country…The people have also proved their patriotic spirit when they walked the streets to defend the constitution, freedom to gather, voice an opinion and seek information,” it said. “We would like to take this opportunity to thank all non governmental organisations overseas who have supported Bersih 2.0 all these years.”
The committee said Bersih 2.0 was nominated by Indonesian activist Mugiyanto from the International NGO forum on Indonesian Development (INFID) and Malaysian activist Yap Swee Seng. The award ceremony will take place on May 18 at the Memorial Foundation in South Korea.
At the latest session of the Human Rights Council, States and NGOs reacted to the new compilation of advise and recommendations on how to protect the right to assembly (‘freedom to demonstrate’). UN human rights experts have launched a major new report on the proper management of assemblies. The compilation of practical recommendation, which seeks to ensure that the management of assemblies and protests comply with international law through which to apply international law, was drafted by the Special Rapporteurs on Freedom of Association and Assembly (Maina Kiai) and on Extrajudicial Executions (Christoph Heyns), after a series of consultations with multiple stakeholders including civil society.
An interactive dialogue with the Rapporteurs followed the report’s presentation, and several States – including Norway, Egypt and Ireland – reiterated the responsibilities of business. Whilst a broad range of States – including Costa Rica, Turkey and Tunisia – acknowledged the report’s importance, others used their interventions to emphasise the responsibilities of protesters. In response to Russia, Botswana and Cuba amongst others, Mr Heyns was clear: ‘Rights come before responsibilities. The report does not challenge that responsibilities are an inherent component of human rights, but one must come before the other.’ Maina Kiai underlined that ‘requiring authorisation for a protest dilutes a right to a mere privilege’.
ISHR’s statement reiterated that free assembly is a vital component of a safe and enabling environment for human rights defence, and highlighted how vague laws such as the Ley de Tumulos in Guatemala, repressive clampdowns on protest such as in Gezi Park in Turkey, and the imprisonment of protesters such as the Bahrain 13 are being used to hamper the work of human rights defenders.
ISHR welcomed the report’s emphasis on the responsibilities of business. ‘We hear increasingly of abuses by private security firms against protesters, as well as strategic lawsuits against public participation brought by companies and the enactment, by States, of laws which specifically target and restrict protests against business operations,’ said ISHR’s Ben Leather. ‘States should take heed of the recommendations made in the report to reverse these trends’.
Since November 2014, student organizations including the All Burma Federation of Student Union (ABFSU) have been protesting against the National Education Bill, which student activists claim restricts academic freedom. Enacted by Parliament on 30 September 2014, the National Education Law was intended to reform the country’s education system, but the ABFSU claim the government did not seek adequate student input in its formation. The new restrictions outlaw independent student and teacher unions, and erase ethnic languages, cultures and literatures from university syllabi.
Students opposed to the National Education Law staged a peaceful protest in Letpadan on 10 March 2015. Police responded violently to the movement. They arrested approximately 126 students, including student leaders Po Po, Nanda Sitt Aung and Phyo Phyo Aung. Three others, Myat Thu Aung, Kyaw Ko Ko (the Chairman) and Ye Yint Kyaw (spokesperson), managed to escape in March, but today they face criminal charges of unlawful assembly, rioting, incitement, and causing harm to a public servant. The charges carry penalties of up to three years in prison. Robert San Aung, who leads the Myanmar Lawyers’ Network team and is one the 3 Final Nominees of the MEA this year, said he believes the Court would not begin hearing the charges against those students currently detained, until police had apprehended those still in hiding.
The ABFSU is a student union with a long tradition and as far back as 2001 it won the Norwegian Student Peace Prize.
During the adoption of the Universal Periodic Review (UPR) report on Egypt in the UN Human Rights Council on 20 March 2015 the Women Human Rights Defenders International Coalition (for the composition see below), made a forceful statement about the terrible situation of women human rights defenders in that country.
“The systematic judicial harassment faced by many women human rights defenders is highlighted through the emblematic case of the seven women defenders2 arrested on 21 June 2014 for protesting peacefully against the Protest and Public Assembly Law (No. 107), who faced arduous hassles including prolonged pre-trial detention. Their sentence was finally reduced to two years of imprisonment and two years of surveillance by the appeals court in December 2014. [The seven are: Ms. Sanaa Seif, Ms. Yara Sallam, Ms. Hanan Mustafa Mohamed, Ms. Salwa Mihriz, Ms. Samar Ibrahim, Ms. Nahid Bebo and Rania El-Sheikh]
Furthermore, we strongly condemn the killing of Shaimaa ElSabbagh during a peaceful protest on 24 January 2015. She was taking part in a gathering to commemorate the fourth anniversary of the 25 January revolution. We call on the Egyptian government to ensure a prompt, independent and effective investigation to identify the perpetrator and hold them to account. In this connection, we are deeply concerned that Azza Soliman from the Centre for Egyptian Women’s Legal Assistance (CEWLA), who was witness to the incident and testified before the Prosecutor’s Office, is now targeted as a suspect and charges have been brought against her under the public assembly law.
Finally, we express our continued dismay over sexual violence against women in online and offline public spaces. Though a national strategy to combat violence against women has been announced, we emphasise the need for it to be comprehensive and holistic with involvement of all relevant ministries and stakeholders, as well as adequate budget allocation. During the UPR, the government highlighted a new amendment to the Penal Code article 306, which addresses sexual harassment. This amendment is far insufficient in its scope as it only considers sexual harassment a crime if the intent of the perpetrator is proven to be related to obtaining sexual benefits…”
The Coalition members: Amnesty International, Asia Pacific Forum on Women, Law and Development (APWLD), Asian Forum for Human Rights and Development (FORUM-ASIA), Association for Progressive Communications (APC), Association for Women’s Rights in Development (AWID), BAOBAB for Women’s Human Rights, Centre for Reproductive Rights, Centre for Women’s Global Leadership, Coalition of African Lesbians, Front Line Defenders, Human Rights First, Information Monitor (INFORM), International Federation for Human Rights, International Service for Human Rights (ISHR), International Women’s Rights Action Watch Asia-Pacific (IWRAW-AP), Isis International, ISIS Women’s International Cross- Cultural Exchange, Just Associates (JASS), The Latin American and Caribbean Committee for the Defense of Women’s Rights (CLADEM), MADRE, Nazra for Feminist Studies, Peace Brigades International, Rainbow Rights Project Inc, Urgent Action Fund for Women’s Human Rights, Women Living Under Muslim Laws (WLUML), Women’s Global Network for Reproductive Rights, WOmen’s Initiatives for Gender Justice, Women’s Rehabilitation Centre (WOREC), World Organisation against Torture (OMCT).
The New York based Human Rights Foundation on 11 February 2015 called on the government of the Comoros to release Mohamed Said Abdallah Mchangama, President of the Federation of Comorian Consumers (FCC).
Mchangama is one of the leaders of the “Madji Na Mwendje” (power and water) movement, formed by the FCC and other civil society organizations to protest the government’s inability to resolve the frequent power blackouts and water shortages plaguing the island. The movement called on all Comorian civil society groups to engage in a three-day general strike scheduled for February 9-11. The Sunday before the strike was set to start, Mchangama was summoned to appear at the police station of Moroni where he was immediately arrested and is currently being held.
“Civil society leaders like Mchangama are a threat to competitive authoritarian regimes because of their ability to channel people’s frustration at corrupt and incompetent governments. By arresting him, the government seeks to quash a legitimate demand from hundreds of thousands of Comorians living below the poverty line. He must be released immediately,” said Thor Halvorssen, president of the Human Rights Foundation. “We have seen similar instances of repressing freedom of expression in the region. In Burundi, Pierre Claver Mbonimpa was arrested for criticizing the ruling party during a radio interview; and in Swaziland Thulani Maseko and Bhaki Makubu were both arrested for questioning the independence of the judicial system. These are all legitimate concerns in any democratic society. It is these abusive governments that are at fault here, not the people,” said Halvorssen.
For more information contact: Jamie Hancock at jamie[at]thehrf.org or see the original piece:
In this week’s Episode [already no 47!], AHRC TV covers the tragic news of the death of Nanda Prasad Adhikari, following a 333-day hunger strike in Nepal.
There is also attention for the dramatic and spontaneous civil disobedience movement in Hong Kong. AHRC TV captures the mood on the occupied streets and catches up with the protestors, many of whom are students hoping to shape a better future for themselves.
The family of MEA 2013 Final Nominee, Mona Seif, continues to be under the greatest strain in Egypt. Front Line Defenders reports that on 18 August 2014, her brother, human rights defender Mr Alaa Abd El Fattah, began a hunger strike to protest his detention [http://www.frontlinedefenders.org/AlaaAbdElFattah] and said that he will remain on hunger strike until he is released. Her sister human rights defender Ms Sanaa Seif also continues to be imprisoned. [https://www.frontlinedefenders.org/node/26336]. Her father, human rights defender Ahmed Seif El-Islam is in the Intensive Care Unit of Qasr el-Eini hospital. Her family had tried several times to visit the father, but in vain.
Interesting illustration in Guatemala of how macho notions can get a woman human rights defender off the hook: On 27 May 2014, charges of “false imprisonment”, “coercion” and “threats” (including brandishing a machete) against human rights defender Ms Telma Yolanda Oquelí Veliz del Cid were dismissed by a Court of First Instance. However, the trial against four other community members, who face the same accusations, is set to continue. The decision of the judge to dismiss the proceedings against Telma Yolanda Oquelí Veliz del Cid was partly on the basis that, as a woman, she would not be able to carry a machete. The decision regarding Telma Yolanda Oquelí Veliz del Cid can be appealed by the complainants within three days. Judge Adrian Rolando Rodríguez Arana stated that additional evidence to support the charges against the four other community leaders must be presented by the Prosecutor’s Office on 30 June 2014. The four men are under house arrest and must present themselves to the Justice of the Peace of San José Del Golfo every month. Read the rest of this entry »
On Wednesday June 25, it was announced that the “Ludovic Trarieux” human rights award was granted to Maheinour El-Massry, Egyptian lawyer and human rights defender. She currently serves two years in prison for violating the Protest Law. The defender was imprisoned under three consecutive presidents in Egypt: Mubarak, Mohamed Morsi and Abdel-Fattah Al-Sisi. The Arabic Network for Human Rights Information (ANHRI) expresses its pleasure and reiterates its demand to release Maheinour El-Massry along with all those who are being imprisoned under the notorious Protest Law. For more on the award see: http://www.trueheroesfilms.org/thedigest/award/ludovic-trarieux-international-human-rights-prize
reports that 0n 23 June 2014, the Public Prosecutor in Egypt ordered that the detention of human rights defenders Ms Yara Sallam and Ms Sanaa Seif be extended by four days. The day before, the human rights defenders were accused of breaching the ‘Protests Law’ by demonstrating without a permit, committing acts of violence, possession of inflammable material and Molotov cocktails, blocking a road, sabotaging public and private property, and belonging to the banned group ‘April 6’. The human rights defenders were among 24 persons arrested on 21 June 2014 during a demonstration against the ‘Protests Law’.
Yara Sallam is a human rights researcher who currently works with the NGO Egyptian Initiative for Personal Rights (EIPR). She is also the winner of the African Shield Human Rights Defenders in 2013. Sanaa Seif is a student who has participated in previous protests in the defence of human rights. The human rights defender was arbitrarily detained during Magles El Wuzara events on 16 December 2011, and was released on the same day. Sanaa Seif is also the sister of human rights defender Mr Alaa Abd El Fattah, who was sentenced in absentia on 11 June 2014 http://www.frontlinedefenders.org/node/26164 and of Mona Seif, MEA Nominee of 2013 (https://thoolen.wordpress.com/2013/05/03/egyptian-hrd-and-mea-nominee-mona-seif-under-attack/)
Twenty-three of the individuals arrested at the protest have had their detention extended by four days and one was released on bail. A decision on whether to charge the human rights defenders is expected shortly. The human rights defenders’ lawyer, Mr Mohamed Khedr, has highlighted inconsistencies in the testimonies of witnesses for the prosecution, as well as within the police’s own statements. In particular, the police secretary accused the protesters of damaging a police vehicle at 9:30pm on 21 June 2014, despite the demonstrators having been arrested at 5:30pm that day outside a kiosk when they were not present at the protest, and a police report having been filed against them at 9:30pm. The police found no inflammable objects within the possession of the demonstrators.
The human rights defenders are two of several Egyptian human rights defenders, such as Maheinour Al Masry <http://www.frontlinedefenders.org/node/25996> , who have been targeted through the ‘Protests Law’ (Law no 107 of 2013 on the Right to Public Meetings, Processions and Peaceful Demonstrations). The law was approved on 24 November 2013 by interim Egyptian President Adly Mansour and has been condemned by the United Nations High Commissioner for Human Rights, Navi Pillay, as well as the UN Special Rapporteur on the rights to freedom of peaceful assembly and association, Maina Kiai.
Hans Thoolen on Human Rights Defenders and their awards 