Posts Tagged ‘Human Rights Committee’

The sad story of Nasta Loika, human rights defender behind bars in Belarus

November 7, 2023

A group of human rights organisations, including the World Organisation Against Torture (OMCT) and FIDH (see Co-signatories), called on 27 October 2023 for the release of the human rights defender Nasta Loika after more than 396 days of her detention.

Nasta Loika is a prominent human rights defender, one of the founders of Human Constanta. For years, she has been promoting human rights education, raising awareness about the repressive “anti-extremist” legislation in Belarus, and protecting foreign citizens and stateless persons in Belarus. She was named Human Rights Defender of the Year 2022 by the Belarusian human rights community. Yet, in the eyes of the repressive Belarusian authorities, she is a criminal and earlier in October, the government put her on a “terrorist” list.

Since 6 September 2022, Nasta has served a total of six 15-day consecutive administrative sentences on trumped-up “petty hooliganism” charges. On 24 December 2022, she was charged with “incitement of racial, national, religious or other social enmity or discord” under notorious Article 130 of the Criminal Code of the Republic of Belarus and on 20 June sentenced to 7 years in prison. [see also: https://humanrightsdefenders.blog/2023/08/11/nasta-anastasia-loika-in-belarus-sentenced-to-7-years-in-a-penal-colony/]

She was tasered, threatened, and featured in a forced “confession” video as a form of digital degrading treatment which was spread across pro-government channels before she was even charged. Her home was searched two times. Her mother’s home was searched too. She spent 93 days in detention, repeatedly sentenced to “administrative arrests” while the authorities looked for a reason to bring criminal charges against her. The charge was ultimately found, and Nasta was accused of inciting hatred for preparing a human rights report in 2018 on the persecution of anarchists and leftists in Belarus. According to the prosecution, the group she was allegedly inciting hatred against was the police.

Belarusian state authorities continued to ignore both the letter of allegation sent by five Special Rapporteurs and the Working Group on Arbitrary Detention following Human Constanta’s appeal to these mandates, as well as the decision on interim measures, adopted by the Human Rights Committee in Nasta’s case.

Her lawyers were repeatedly arrested, disbarred, forced out of the country, and intimidated – hardly a surprising occurrence given en masse persecution of independent lawyers and outlawing of human rights work in Belarus. Disbarment of human rights lawyers is one of the tools the authorities consistently employed to intimidate and persecute lawyers who represent human rights defenders, activists, democratic politicians, and survivors of torture and state-perpetrated human rights violations.

Any assistance to Nasta is punished as well: two people were arrested for 15 and 30 days for bringing her parcels with food and essentials. Now that she has been sentenced, she is only able to receive parcels from her 76-year-old mother, her only family member. Moreover, as she was designated a “terrorist,” it would be impossible to make monetary transfers as those would be characterized as “financing terrorism.”

Nasta also continues her human rights work from behind bars: she helped dozens of other women cellmates to file complaints related to their cases. She also drafted a concept of prison reform in Belarus. This is a powerful reminder that persecution and imprisonment cannot force human rights defenders to stop their work.

In fact, their voices can be amplified not just through letters, but through technology and social media. While the authoritarian government is set on silencing human rights defenders, the Human Constanta team used AI to create Nasta’s animated digital avatar to raise awareness about human rights violations and political persecution of human rights defenders, demand accountability, and support those in detention. The “Human Show” podcast called “Waiting for Nasta” featuring her colleagues and friends also reminds the world about her work and unjustified detention.

“A young girl came up to me [at an event in honor of a human rights award] and said: “Hello, my name is Nasta. I graduated from law school, I’ve entered law school, and I would really like to do human rights work, but I don’t know how. Maybe you could give me some advice?” […] I told her, yes, of course, come to our Committee. She came to the Committee a couple of days later and we hired her. That became her first human rights work.”

Excerpt from “Waiting for Nasta” podcast, episode 1

“And then I asked, “Do you know exactly what you’re doing? This may be the last chance [to flee Belarus].” And Nasta replied very calmly that she was aware of all the risks, that she understood the situation, and that it was not blind stubbornness. In my mind, Nasta lives her life as a person with very high values, who is ready to stand by them to the end.”

Excerpt from “Waiting for Nasta” podcast, episode 2

We call on the Belarusian authorities for Nasta Lojka’s immediate and unconditional release and condemn the physical and psychological torture Nasta was subjected to by state agents. Nasta Lojka’s arrest, torture, and imprisonment are retaliation by the Belarus government for her peaceful and legitimate human rights work.

We continue to call upon the international community to take measures to urge the Belarusian authorities to respect their obligations towards human rights defenders, by raising awareness in various fora, publicly condemning human rights violations, requesting visits to human rights defenders in detention, and inquiring with the Belarusian authorities about their health and detention conditions, demanding the release of imprisoned human rights defenders in bilateral and multilateral fora, exploring additional targeted measures against the individuals allegedly responsible for the torture, ill-treatment, arbitrary detention and harassment of human rights defenders, and keeping the situation of defenders in Belarus high on the political agenda.

We also call to utilize and explore available mechanisms for holding the Belarusian authorities account for human rights abuses against human rights defenders, inter alia, by means of extraterritorial and universal jurisdiction and inter-state complaints under relevant treaties, and through strengthening existing accountability mechanisms.

https://www.fidh.org/en/region/europe-central-asia/belarus/belarus-nasta-loika-human-rights-defense-behind-bar

The right to a clean, healthy, and sustainable environment (R2E) – further steps and historical decision in the Case of Torres Strait Islanders

November 9, 2022

Following the Human Rights Council and General Assembly resolutions recognising the right to a clean, healthy, and sustainable environment (R2E), adopted in 2021 and 2022 respectively (HRC/RES/48/13 and A/RES/76/300), people have started to consider appropriate next steps in advancing the legal recognition, implementation, and monitoring of this right. See also: https://humanrightsdefenders.blog/2021/10/11/new-right-to-healthy-environment-ngos-urge-action/

A blog post of the Universal Rights Group on 7 November 2022 reports on meeting on 18 October hosted by the Permanent Mission of Costa Rica in Geneva, UNEP, and the Universal Rights Group bringing together over 20 human rights experts from Geneva Permanent Missions in a non-attributable setting designed to promote open and forward-looking debate on appropriate next steps. The discussion was informed by an ‘options paper’ prepared by the Special Rapporteur on human rights and the environment, Dr David Boyd, detailing three possible ways to advance the R2E, which he argued can and should be carried out concurrently.

In the meantime, a more operational development was the historic decision, the United Nations (UN) Human Rights Committee found on Friday 23 September that Australia’s failure to adequately adapt to climate change violates the human rights of Torres Strait Islanders.   

Karin M Frodé, Andrea Olivares Jones and Joanna Kyriakakis reported on the case:

The Committee, which oversees the implementation of the International Covenant on Civil and Political Rights (ICCPR) received a complaint by eight Torres Strait Islanders and six of their children in 2019. The group called for the Committee to recognise that the Australian Government had violated their human rights by failing to reduce carbon emissions, and introduce measures to adapt to climate change.

The Committee’s decision makes clear that inadequate responses to climate change can result in the violation of human rights. It is a landmark victory worth celebrating as part of a broader trend in climate change litigation which has seen human rights arguments put forward to hold both states (ie, the NetherlandsPakistan and Belgium) and corporations (ie, Shell and other Carbon Majors) accountable. It is also an example of a rise in cases where Indigenous actors are central. 

The Committee’s decision: The Committee found that Australia has violated the Torres Strait Islanders’ rights to private life, home and family and their enjoyment of culture. In doing so, the Committee noted Australia’s efforts to construct a seawall, but found it to be an inadequate response to the alarming threats that had been raised by Torres Strait Islanders since the 1990s, due to its delay initiating the project ([8.12], [8.14]).

While decisions by UN bodies are not automatically binding in Australian law, they are persuasive opinions by independent experts that outline Australia’s international obligations and analyse whether they are complied with. The relationship between climate change impacts and human rights is an emerging area, so the clarity that decisions such as in the present case bring is critical. This decision is therefore important not only to the complainants but for other climate justice advocates. 

The present decision follows other climate related decisions by human rights bodies. In Teitiota, a case brought against New Zealand, the same Committee made important observations about state obligations and climate change in the context of asylum seekers and refugees, though it stopped short of finding a violation. Another complaint brought by young climate activists against five states for climate inaction before the Committee on the Rights of the Child, focused on child-centric impacts of climate change. Although dismissed for technical reasons, that decision made important findings that children fall within the jurisdiction of states where transboundary harm originates, following the approach of the Inter-American Court of Human Rights

See also: https://humanrightsdefenders.blog/2022/03/02/human-rights-high-commissioner-bachelet-urges-support-for-environmental-defenders/

https://www.ohchr.org/en/press-releases/2022/09/australia-violated-torres-strait-islanders-rights-enjoy-culture-and-family

Mutabar Tadjibayeva wins landmark case in UN Human Rights Committee against Uzbekistan

October 8, 2015

Mutabar Tadjibayeva is remarkable, even among human rights defenders. Her story is well-known in human rights circles: arrested, detained and tortured in Uzbekistan’s prisons, she was released on medical grounds and allowed to leave the country in 2008. That year she came to Geneva to receive in person the Martin Ennals Award for Human Rights Defenders [see: http://www.martinennalsaward.org/index.php?option=com_content&view=article&id=73&Itemid=116&lang=en and https://thoolen.wordpress.com/tag/mutabar-tadjibayeva/].OLYMPUS DIGITAL CAMERA

But she does not just live quietly in exile in Paris. She continues fight for her rights, lodged a complaint to the UN Human Rights Committee in 2012 and this body found on 6 October 2015 that there had been “multiple violations” of her rights, according to a press release issued by three human rights NGOs on 8 October (the Fiery Hearts Club, Redress and FIDH).   Read the rest of this entry »