Posts Tagged ‘Human Rights and Liberties’

New blueprint for law on protection of HRDs in the Philippines

December 13, 2012

Two lawmakers are pushing for a law (House Bill 5379), ‘the Human Rights Defenders Act’, which aims to guarantee the rights of human rights defenders. The provisions are:

1 Right to promote and protect human rights

2 Right to information about human rights

3 Right to develop and advocate human rights ideas

4 Right to participate in public affairs

5 Right to access to human rights violations victims and, if necessary, provide legal assistance or facilitate the provision of the same

6 Right to unhindered access to communication with human rights bodies.

7 Right to refuse to violate human rights

8 Right to participate in activities against human rights violations

9 Right to solicit, receive and utilize resources

10 Right to establish a sanctuary to human rights victims

11 Right to file an action involving human rights violations – human rights organizations as complainants and, finally

12 Right to access documents of government units and personnel, paramilitary units and personnel, and military affiliate and government assets.

While some of the language is specifically cut towards the situation in the Philippines, the list is an interesting blueprint for other situations.

This proposal comes in the context of a recent (preliminary) report by the Observatory for the Protection of Human Rights Defenders which concluded: “There is compelling evidence that human rights defenders, in particular those advocating for land and environmental rights, are under serious threat, are constantly vilified, intimidated and ‘terrorized.”

via Passing of law protecting rights defenders urged – Bulatlat.

Sentencing of Uzbeki HRD Saida Kurbanova following physical attack against her

December 13, 2012

Front Line Defenders reports that on On 7 December 2012, human rights defender Ms Saida Kurbanova was sentenced to 15 days of administrative detention for ‘hooliganism’, after being attacked by two women who alleged that the human rights defender had been the one to attack them. Saida Kurbanova is the head of the branch of the non-governmental Human Rights Society of Uzbekistan (HRSU). It is reported that following the arrest, the hard disk of Saida Kurbanova’s computer was confiscated.

Since her arrest, Saida Kurbanova has been detained in the temporary detention facility at Pakhtakor police station. On 10 December 2012 a representative of Pakhtakor police station reportedly refused to pass on a food parcel and warm clothes to Saida Kurbanova which her family had brought her. In addition, her release on 21 December 2012 is reportedly subject to her paying for the 15 days spent in the temporary detention facility!

Front Line Defenders is concerned about the use of orchestrated attacks on human rights defenders as a means to accuse them of having instigated the incident, and consequently charging them fines or sentencing them to administrative detention. Front Line Defenders believes that Saida Kurbanova’s sentencing is linked to her human rights activities and fears for her physical and psychological integrity and security while in detention.

Appeals@frontlinedefenders.org

15 December deadline for HRD fellowship related to humanitarian law

December 10, 2012

The Oak Institute for the Study of International Human Rights draws again attention to its call for nominations for the 2013 Oak Human Rights Fellowship, sponsored by the Oak Institute for the Study of International Human Rights at Colby College in Waterville, Maine. The fellowship is a one-semester appointment as a scholar-in-residence. It is designed to provide human rights practitioners doing “on-the-ground” work at some level of personal risk a respite from front-line duties to enable them to reflect, write, and communicate their work to our campus community. The focus of this year’s search is on the protection of the human rights of interned or displaced persons. We are particularly looking for those human rights practitioners involved in international legal rights and basic needs of prisoners of war, civilians detained during occupation or as the result of political violence or states of emergency, and refugees and internally displaced persons fleeing from civil violence, political repression or economic dislocation.   The appointment is for mid-August through mid- December 2013. The College provides a stipend of $32,500, plus transportation, housing, health care coverage, and other fringe benefits. We encourage the fellow to bring family with limited financial support for their travel as well.  The deadline for completed applications is December 15, 2012 (but first contact the OAK institute with a very good candidate as the first deadline has passed already and forms have to be filled out). Leah Breen Student Assistant, Oak Institute for the Study of International Human Rights oakhr@colby.edu

OSCE can and should do more on Human Rights Defenders in the region

December 6, 2012

 

The Organization of Security and Cooperation in Europe (OSCE) was founded with a commitment to human rights as one of its three key pillars. Sadly, says Dublin-based Front Line Defenders, OSCE member states have not been living up to those ideals and human rights defenders face imprisonment, threats, harassment, defamation and restrictive legislation in countries across the region. “It is time the OSCE backed up fine declarations with effective action,” said Mary Lawlor, Executive Director of Front Line Defenders, “too often it has been the prisoner of consensus and failed to respond when human rights defenders have been jailed, attacked or killed.”Front Line Defenders will undertake a silent vigil outside the OSCE Ministerial Council in Dublin on Thursday 6th December highlighting ten cases of human rights defenders from the region:Vidadi Iskenderov is in prison in Azerbaijan

Ales Bialiatski is in prison in Belarus

Natalya Estemirova was murdered in Chechnya, Russia in July 2009

Agnes Gereb is under house arrest and facing a prison sentence in Hungary

Roza Tuletaeva is in prison in Kazakhstan

Azimjan Askarov is in prison in Kyrgyzstan

Pat Finucane was murdered in Northern Ireland in February 1989

Osman Isci is in prison in Turkey

Sviatoslav Sheremet was attacked and badly beaten in Ukraine in May 2012

Dilmurod Sayid is in prison in Uzbekistan

 

On-Line Video contest also in Turkey

November 28, 2012

On 23 November I referred to the video contest on human rights in Armenia and wondered where the others were. Here is one more, in Turkey as reported by BIANET on 27 November:

With its slogan “Make a film. Be Viral. Create a Change”, Human Rights Online Video Contest selected five young directors who recorded stories about how they see and interpret human rights issues in the environment. Finalists were selected by a jury including Ece Temelkuran, Melek Özman and Fatih Keskin.

The winner video will be selected following a public voting ending on December 3. Anyone can vote for the contest through http://www.youtube.com/humanrightsturkey.  The delegation also urged social media users to share the video through Twitter and Facebook. The winner–the most viral video on social media–will be announced on the delegation website.

A closing ceremony will be held in Ankara to award the winner on December 12.

Women’s Rights Group analyses UN report on Human Rights Defenders

November 26, 2012

Under the title: “When States Use Legislation Against Women Human Rights Defenders” AWID  discusses the recent report by the UN Special Rapporteur on Human Rights Defenders (UN Special Rapporteur on the Situation of Human Rights Defenders’ 2012 report).

In her report, the Special Rapporteur reviews the types of legislation affecting the work of HRDs, including laws relating to: anti-terrorism and national security; public morals; the registration, functioning and funding of associations; access to information and official-secrets; defamation and blasphemy; and  Internet access. While all of these categories are relevant, the AWID document looks at how four of these practices affect Women Human Rights Defenders (WHRDs).

Anti-terrorism and national security WHRDs in Zimbabwe have continually denounced arbitrary arrests and violations of the right to peaceful assembly. The increase in Governments that use anti-terrorism and/or national security laws to detain, prosecute, convict, and harass WHRDs is a worldwide concern. According to the Special Rapporteur, this type of legislation is “so broad that any peaceful act expressing views of dissent would fall under the definition of a terrorist act, or an act facilitating, supporting or promoting terrorism”.

Public morals In Meso-America, WHRDs working to promote women’s sexual and reproductive rights and the decriminalization of abortion[3] are the ones who most often experience criminalization and defamation by the State, private groups and the media. The Special Rapporteur’s report strongly emphasises how vital sexual health and reproductive rights (SHRR) defenders are for the promotion, protection and respect of women’s human rights, highlighting that “ these activities should not be subject to criminal sanction”. Zero tolerance for judicial harassment against SHRR defenders is called for, and States with legal frameworks guaranteeing SHRR should “ensure that such legislation is enforced without discrimination”.

Legal restrictions on operations Increasingly, States are issuing special regulations that affect the legal operation of women’s organizations in ways that are intended to inhibit their work. The 2005 report Written Out: How Sexuality is Used to Attack Women’s Organizing states that “after the attacks of 9/11, the US government put into place a set of supposedly terrorism-related legal and financial restrictions for any organization that funds groups outside the US. Under these policies, such funding organizations now have to prove that the groups receiving funds are not in any way engaging in terrorist activities”.

Defamation Although defamation legislation is intended to protect a person’s reputation from false and malicious attacks, legal frameworks under the umbrella of defamation tend to hide political or economic interests in order to retaliate against criticism and public denouncement of corruption. While defamation laws rarely protect WHRDs from defamation, they are often used to limit the freedom of expression of WHRDs. The Meso-American Assessment of Violence against WHRDs states that defamation is “one of the most repeated forms of violence against WHRDs in the region, either by the state, private groups and the media”. The Special Rapporteur’s report highlights that penalties are imposed on WHRDs who criticize Government representatives or religious laws.  Under penal codes for defamation or blasphemy penalties vary from fines to months of imprisonment.  These provisions prevent WHRDs from holding public officials or religious leaders accountable.

The Special Rapporteur raises concern about the development of legislation that allows authorities to supervise the activities of civil society organizations (CSOs). The report refers to confidential information received by the Special Rapporteur that points to how reporting requirements have been imposed on CSOs to retain their licence to operate, placing surveillance on CSOs, demanding documentation without prior notice, and restricting access to foreign funding and limiting this to up to 10% of their total annual income. Similarly, restrictions on certain areas of work have been imposed on women’s rights organizations, in particular those related to defending political rights and those that use human rights language in their organizations’ objectives. Excessive requirements for operating legally make it difficult for WHRDs to comply, and in some instances the required documentation puts WHRDs at risk. This trend of legal control and restriction undermines and delegitimizes the work of WHRDs and their organizations, as the resources and time required to respond to such demands deter women’s rights advocates from forming organizations.

Recommendations The 26 recommendations presented in the Special Rapporteur’s report aim at ensuring that national legislations comply with basic human rights enshrined in their constitutions – and consistent with the Declaration on HRDs – to create favourable working environments for HRDs. Special attention is needed regarding legislation that responds to the needs and situations of WHRDs, in particular those working on SHRR. The report makes an important call for States to “repeal all legislation that, with the declared objective of preserving public morals, criminalizes the activities of HRDs working on sexual orientation and gender identity issues”. Importantly, the Special Rapporteur’s recommendation to “ensure that civil society, national human rights institutions and other stakeholders are involved in a broad consultative process to ensure that the drafting of new legislation is in compliance with the Declaration on Human Rights Defenders and other applicable international human rights instruments”, is critical to guarantee the inclusion and full participation of WHRDs in civil society.

for details see: http://www.awid.org/News-Analysis/Friday-Files/When-States-Use-Legislation-Against-Women-Human-Rights-Defenders

Information request by UN High Commissioner for Human Rights on peaceful protest

November 6, 2012
sorry text disappeared from post:

 

Civil society organisations are requested to submit information for a report being prepared by the Office of the High Commissioner for Human Rights, on ‘effective measures and best practices to ensure the promotion and protection of human rights in the context of peaceful protests’. The deadline for these submissions is 15 November. They should be provided in electronic format to registry@ohchr.org and a copy to rhusbands@ohchr.orgClick here to read a letter on this subject.

The report is being prepared prior to the 22nd session of the Human Rights Council, in accordance with Resolution 19/35.

 

Human rights defender of the month: Sapiyat Magomedova from Dagestan

November 6, 2012

The North Caucasian republic of Dagestan is one of the most dangerous places for lawyers today in Russia. In this region Sapiyat Magomedova defends victims of grave human rights violations like enforced disappearances, extra judicial killings and torture. She has taken on cases that many lawyers would reject due to security reasons, and although it is considered almost impossible, she has won several of them. She was chosen by Stockholm-based Civil Rights Defenders as its HRD of the month. Last week I reported that she had received an important award from Sweden.

When asked about everyday life in Dagestan, local human rights lawyer Sapiyat Magomedova answers straight: ”I would not call it life.” The conflict in Dagestan is bridging on civil war. During the last two years Dagestan is considered to be the most violent region in the North Caucasus, followed by Chechnya. Local human rights defenders constantly face harassment, assaults and threats to their life.

Portrait Sapiyat Magomedova Photo: Private

In 2010 Sapiyat Magomedova was severely beaten by police officers when visiting one of her clients. When pressing charges, she was herself charged with using violence against state officials and insulting police officers on duty. Sapiyat Magomedova had already in 2009 been subjected to an unfounded criminal case for allegedly offending an Investigator from the Prosecutor’s Office. She believes that the case was a form of retaliation for her standing up to law enforcement agencies and fighting impunity. “The criminal case against me was opened to put pressure on me, to force me to retract my statement against the police officers”, Sapiyat Magomedova later said in an interview.

Sapiyat Magomedova represents victims in very sensitive cases, such as allegations that the police have tortured individuals suspected of involvement with the insurgency, and cases of sexual- and gender based violence. Normally, cases of sexual- and gender based violence go unreported in Dagestan. Sexual violence is a taboo subject in a region where honour killings, bride kidnapping, and child marriage occur. There is an absence of debate on the political level on these issues. Women’s rights are not high on the political agenda and gender based violence and other kind of abuses against women occur on a regular basis.

In 2011, Sapiyat Magomedova defended a 13-year-old girl who had been kidnapped and raped for three days by five young men. Two of the suspected rapists were sons of police officers. After strong pressure on the girl and her family, she succumbed and changed her statement. The case, however, got rather great resonance in society and might lead to inspiring other victims to dare press charges. Sapiyat Magomedova further highlighted the case on one of the first conferences on women’s rights in the region. At the conference she spoke about the problem with impunity in cases of sexual- and gender based violence.

Being a woman, Sapiyat Magomedova must also exert much effort just to be taken seriously in her legal profession. Caucasian women are commonly housewives and that “leaves its mark”, as Sapiyat Magomedova puts it. Woman lawyers have a lot of misconceptions to fight against.

Human rights defenders constantly face harassment and threats to their life in Dagestan. Since 2010, Dagestan is considered to be the most violent region in the North Caucasus, followed by Chechnya. The conflict nearly approach the level of civil war. Russian law enforcement bodies are reluctant to investigate cases of human rights abuses. Even though Russia has been convicted approximately 210 times for violations linked to North Caucasus, by the European Court of Human Rights, not even one perpetrator has been put to justice.

In many cases, violations are committed by those who are supposed to uphold the rule of law, under the pretext of fighting terrorism. In order to keep up statistics in terror crimes, it frequently occurs that law enforcement bodies fabricate evidence against innocent people and extract a confession by using torture. This in turn nurtures the insurgency that has been on the rise in the past years. A decade of failure to stabilize the region and deal with the rampant impunity has created an environment where ordinary people live in fear and have almost nowhere to turn to seek justice.

The Russian government invests enormous sums of money each year to dampen the conflicts throughout the North Caucasus. The number of dead terrorists is used as evidence that the Russian government’s initiative leads to results. Military and security forces, and the Police are being rewarded for each person that can be added to the toll of terrorists. This has led to civilians being accused of joining the separatists. Kidnappings, torture and extrajudicial executions are common.

Read more in Civil Rights Defenders country report: Human rights in Russia

Simple but effective video on human rights by Edeos: part 1 out in several languages

November 2, 2012

A small Berlin based NGO has brought out a 8 mn video that is very basic but also very clear. I think it could be especially useful for educators in at the secondary school level or as introduction for a basic class in human rights. The first part (focusing on history and civil and political rights) exists in several languages. I am interested to see what they come up with when dealing with social and economic rights and collective rights.

OOPS there was a link to alternative energy – also important but not what I meant: better go to edeos animated video on human rights part 1 in YOU TUBE 

iframe width=”640″ height=”360″ src=”http://www.youtube.com/embed/3L4r47WiqMw&#8221; frameborder=”0″ allowfullscreen></iframe

Indonesia’s Febi Yonesta interviewed by HRF

September 24, 2012

Human Rights First is running a series of profiles on human rights defenders we work with in various countries. These profiles help to explain their work, motivations, and challenges. On 19 September 2012 it was the turn of Febi

Photo of Febi Yonesta

How did you become an activist? When I was still a law student, I was active in various student organizations including the ASEAN Law Student Association, Law Student Assembly, Hasanuddin English Debating Society, and Makassar Judicial Monitoring. I found myself more involved in Human Rights Advocacy when I joined The Jakarta Legal Aid Institute (LBH Jakarta) in 2005 through its Legal Aid Workshop. At that time, my mind opened up to the ugly truth of the human rights situation in Indonesia. The poor and the oppressed suffer from unjust policies imposed by the Indonesian government. They are forcibly evicted from their houses without any adequate compensation or even relocation and the poor are left homeless. Companies that enact downsizing policies do not compensate the labor force that remains jobless. Minority groups also suffer continuous discrimination and violence yet, no clear government policies exist to overcome all of these issues. I learned that The Legal Aid Institute has made significant contributions to the human rights and democracy struggle in Indonesia. It is because of this that I’m thrilled and encouraged to follow the legal aid lawyer path in maintaining the human rights struggle.

Do you even see yourself as a human rights defender?

I see myself simply as a lawyer who is very concerned about human right issues and strives to always give my best as a human rights advocate.

How do you perceive the current situation in Indonesia i.e. blasphemy laws, internet freedoms, religious minority groups?

The current situation in Indonesia regarding religious freedom is extremely bad. Religious based intolerance; discrimination and violence have increased into something that is really horrifying and difficult to resolve without any sincere willingness on the part of the government and key figures to take part in resolving it. The biggest problem is, in most incidents, that the government acquiesces in the act of intolerance and discrimination by using the situation to gain a political advantage which only adds more suffering to the religious minorities who are always the victims.

Religious based intolerance and discrimination in Indonesia is legitimized by the anti-blasphemy law no. 1/pnps/1965 where different religious teachings, interpretation, as well as expression are prone to criminalization or violence under the law. Some cases have shown that this law has been abusively applied to those who deemed as heretic or deviant from the mainstream religious perspective.

Information technology such as the Internet, has actually become the easiest way to disseminate ideas but in the same sense has been utilized to spread religious hatred. The information and electronic transaction law is sometimes used to restrict as well as criminalize ideas and religious expression that contradict the mainstream ideology, and is used as another means to pursue religious hatred incited through the Internet.

What do you want to see happen in Indonesia – outcome based?

As long as the anti-blasphemy law and the problematic provision in the Information and Electronic Transaction law still exist, they can be abused and exploited by the intolerant groups to pressure the government to enact laws against religious minorities in a discriminatory manner. We have once filed a petition against the anti-blasphemy law where the Constitutional court saw the law as problematic therefore recommended that the law be revised to avoid exploitation and abuse. However, up until now there has been no sign from the government to revise the law anytime in the near future. Therefore, I am keeping a close eye on the continued struggle for a legal framework that guarantees religious freedom and will continue to advocate for any legislation, including amendments to said laws which lay ground for religious intolerance and discrimination.

What risks do you see are posed on your everyday life, if any?

Working in the human right field is not easy especially in terms of fulfilling the economic needs of my family. With my education and professional background I should ordinarily be able to earn more than enough to fulfill my family needs. Along with working with the religious freedom issue, the risks are quite apparent, especially when I have to stand face to face with the intolerant groups and receive constant assault, harassment, and threats for defending religious freedom. The temptation to leave my human rights work sometimes crosses my mind but my commitment to keep on working in human right area does not waiver because as long as the poor and the oppressed still exist and suffer from human rights violation and religious minorities are still facing severe acts of intolerance and discrimination then I will continue doing what I am doing in hope of a better future for Indonesia.

What is a normal day in the life of…Febionesta?

Although I am based in Jakarta, I reside in Bogor (a suburban city), which is my hometown. I was born and raised there. Thus during the week, I need to get up early in the morning around 6am to leave for work around 7am. It usually takes one and half hours by train to get my office.

I always spend my train ride reading the news, tweeting and checking my emails. However, with my new post as director of LBH Jakarta it has certainly impacted my daily life. I really need to use as much of my spare time to think about management, coordination, and responding to all my emails. Most of the time, I return home around 9pm or even 11pm and I don’t have enough time to play with my kids. I do try to spend any spare time I have left to have quality time with my family. Most of my time now is spent organizing meetings, talking to communities, discussing cases, maintaining advocacy networks, talking to the media, and so on. I also try to relax by playing musical instruments and writing songs (where some of them are written about people’s suffering and human rights issues).