On March 25, 2022 the Stimson Centre published a wide-ranging piece by Helen Nolan on Human Rights Defenders and what their possibilities are in an international environment: “Protecting Those Who Protect Human Rights: Opportunities and Risks for Action at the UN“
The extensive article starts with the adoption by the UN General Assembly of the Declaration on Human Rights Defenders in 1998. Then it examines possibilities for further state action at the UN to increase the safety and security of human rights defenders. It outlines major trends, gives an overview of UN efforts, and sets out key instruments and state commitments in relation to human rights defenders. It then explores key risks and opportunities for strengthening UN action, offering recommendations for member states to advance this agenda and better ensure that human rights defenders everywhere are able to freely and safely undertake their vital work.
Helen Nolan is an international human rights lawyer. Through the International Service for Human Rights and ILGA World, as well as working for Front Line Defenders and the UN Special Rapporteur on the situation of human rights defenders, Helen Nolan has expertise in human rights defender protection. Helen Nolan has in-depth knowledge of the UN human rights system and advocacy before its mechanisms. She worked most recently with the United Nations Development Programme in Viet Nam. Helen Nolan holds degrees from Trinity College Dublin, Ireland, and Essex University, United Kingdom.
DefendDefenders’ regulary chooses a Defender of the Month. Here an example:
Fadia Khalaf was not meant to be an activist. By her own admission, she was born into a conservative Muslim family – the first of six siblings. In Saudi Arabia where she was born and raised, the ruling ideology in the Kingdom was wahabbism – a puritanical version of Islam in which women are strictly expected to stay in the background and not play any public role. Yet even in that conservative setting, she managed to nurture a political consciousness:
“I think reading at young age helped build my awareness on concepts like justice and rights in general. I was exposed to concepts around human freedom, and that nurtured the rebel in me,” she says. Fadia Khalaf Tweet
Now aged 25, Fadia is the Co-founder of Missing Initiative, a volunteer, youth organization dedicated to documenting all persons that are reported missing during Sudan’s ongoing political crisis. The initiative was started in the aftermath of the Khartoum massacre, when armed forces of the Sudanese Transitional Military Council attacked a protest outside the country’s military headquarters, killing at least 127 people.
“From the start of protests to remove Bashir (Sudan’s long-serving President deposed in April 2019), we would always report people who we would realize never returned home after the protests. This was our way of looking out for each other. But after 3 June 2021 (the day of the Khartoum massacre), the situation was terrible. People were killed, women were raped, while many others were disappeared. All of a sudden, because of our past work, I started getting tens of phone-calls of people letting me know that their persons were missing, asking me to do something about it. I had to post all these missing cases on my social media platforms(Twitter & Instagram via @SlayKaiii) in addition to reporting to police, to try to find them. It was from that crisis that I and five other friends decided to start Missing initiative to continue searching for these people,” Fadia Khalaf Tweet
The initiative helps document persons announced missing, liaises with the police to conduct a search process, follows up on those in police detention to ensure the progress of their cases and helps some of those arrested find legal representation. To date, Missing Initiative has documented over 100 cases of missing persons, and helped locate about 60, from prisons to hospitals. Among these, at least five were found dead in city morgues.
“It’s horrifying, the conditions in which we find some of these people, if we find them at all. Some are in urgent need of medical attention from all forms of torture, others are imprisoned without charge. Others, we find, have died. But at least, it gives closure to their families,” she says. Fadia Khalaf Tweet
As a result of their work, Fadia says that Sudanese now recognise forced disappearances as a state crime, and have gradually developed a consciousness and vigilance to look out for each other against state-inspired violence.
These efforts have not been without consequences. Fadia says she and her colleagues have been threatened together with their families, and that she continues to be randomly followed and her phones tapped. She says as women human rights defenders (WHRDs) in a deeply patriarchal society, they’re even more endangered because the society does not believe they should have any rights at all, much less a voice.
“The day women rise in Sudan, patriarchy will fall because it thrives on subjugating women. And that’s why those like us are harassed because the system fears that we will awaken and empower other women to rise up and refuse to be dominated,” she says. Fadia Khalaf Tweet
Nonetheless, Fadia is optimistic, the growing women and youth agitation is unstoppable: “This spirit and desire for change, I have never seen it before. Young people are willing to die for a better country every day! It is inspiring. All they need is to be empowered more,” she notes.
On Friday 11 March 2022, AFP reported that Saudi blogger Raif Badawi has been released from prison in Saudi Arabia after serving a 10-year sentence for advocating an end to religious influence on public life.
“Raif called me. He is free,” his wife, Ensaf Haidar, who lives in Canada with their three children and had been advocating for his release, told AFP. Badawi’s release was also confirmed by a Saudi security official who said on condition of anonymity that Badawi “was released today”. “I jumped when I found out. I couldn’t believe it. I can’t wait to see my dad, I’m so excited,” one of his daughters, Nawja Badawi, 18, told AFP. Badawi’s son Terad Raif Badawi tweeted: “After 10 years my father is free!”
“Raif Badawi, human rights defender in Saudi Arabia, has finally been released!” Amnesty International tweeted. “Thousands of you have mobilized alongside us in the defense of Raif Badawi for 10 years. A big thank you to all of you for your tireless support.”
Every Friday for almost seven years, Haidar – who fled to Canada after Badawi’s arrest and has since become a Canadian citizen – had held a public vigil for him. Quebec has paved the way for Raif Badawi to come to the country if he chooses by placing him on a priority list of possible immigrants for humanitarian reasons.
No details of his release conditions were immediately available. But Amnesty noted that the Saudi blogger could still face a 10-year ban on all travel outside Saudi Arabia following his release.
On 1 March 2022, EFE reported that Chinese human rights lawyer Yu Wensheng, sentenced to 4 years in 2020 for “inciting subversion of state power,” was released Tuesday from prison in the eastern city of Nanjing, according to a Twitter post by his wife Xu Yan. Yu Wensheng was on a train bound for Beijing according to his wife, who awaits him at a hotel in the capital.
During the few meetings with his lawyer, Yu has claimed to have suffered torture and mistreatment during his confinement that may have caused him to lose part of the mobility of his right hand.
The world must be made a safer place for people working to protect the planet, who sometimes pay with their own lives for their activism, UN Human Rights High Commissioner Michelle Bachelet said on Tuesday 1 March 2022. “Protecting the environment goes hand-in-hand with protecting the rights of those who defend it,” she told the UN Human Rights Council in Geneva, which is holding its annual month-long session.
Ms. Bachelet revealed how speaking out and standing up for environmental rights can come at enormous cost as activists have been killed or subjected to abuse, threats and harassment.
“At particular risk are people who speak out against deforestation, extractives, loss of cultural heritage or identity, or large scale-agribusinesses and development projects – including those intended to produce clean energy, such as mega dams,” she said. Many environmental human rights defenders are also indigenous peoples, or members of local communities or minority groups – or those representing them.
“In addition, it is critical that States effectively regulate businesses and hold them accountable for human rights violations,” she said, while corporations also have a similar duty, as outlined in the UN Guiding Principles on Business and Human Rights.
Ms. Bachelet advised that prior to undertaking any climate project, both governments and businesses must carry out human rights risk assessments.
“If indigenous peoples’ rights are at risk of being adversely affected by such projects, it is crucial that their free, prior and informed consent is obtained,” she said.
The UN rights chief also reported on some of the global work of her staff. “All around the world, my Office is committed to supporting States, businesses and environmental human rights defenders in all of their efforts to protect our planet,” she said.
For example, over 200 human rights defenders in the Pacific region have been trained to help boost sustainable development, business and human rights in the context of climate change.
In Southeast Asia, OHCHR is monitoring cases of harassment, arrest, killings and disappearances of environmental human rights defenders, while
Mariam Atahi left Afghanistan for safe haven abroad in August 2021 with financial assistance from Journalists for Human Rights and the Daniel Pearl Foundation. However, her fight for women’s rights continues, uninterrupted.
As the Taliban began its ‘humanitarian talks’ last month in Oslo, Mariam called for the release of three fellow activists, allegedly detained for protesting against the closure of women’s universities. “It hurts me,” she said, “…to not have any information or hope to give their families asking questions about their whereabouts.”
As co-founder of the Feminine Perspectives Campaign, Mariam has been leading a fearless movement to demand accountability for the violation of women’s rights by the Taliban. In 2016, she and four colleagues interviewed women from different provinces to document “what women exactly want” and presented them during the 2016 talks with the Taliban in Qatar. They stressed that the freedom to study, work and participate in public life is important to women in urban Kabul and rural provinces alike.
This work put a target on her back. In late 2019, Mariam was working as a communications specialist at Save The Children and was informed by the National Directorate of Security in Afghanistan that she’s on the Taliban’s hit list. At the time, she was used to fielding multiple ‘mysterious calls’ a week. However, the NDS insisted she take the risk more seriously. Mariam applied for an emergency visa to India and relocated to Delhi for two months. When she returned in early 2020, the threats continued. She changed her look, her route to work and her schedule – but kept on working. In 2021, she took on a communications role with UNICEF.
“Fighting for women and children’s rights is in my blood. When I see women suffering, I feel responsible. I want to build a bridge for them to reach their dreams. I have to do this work for the rest of my life.”
After the Taliban takeover, Mariam decided to leave Afghanistan for a safer location where she can continue her work.
‘In Kabul, I always felt like someone is knocking at my door. I want to set myself in a better position, so I’m able to mobilize more resources to help my people. I hope to see the international community show their solidarity with Afghan women and make a solid, genuine commitment to safeguarding their rights.”
ISHR, the Martin Ennals Foundation and eight other major human rights groups urge in a joint statement the Chinese government to ensure lawyer Yu Wensheng is able to leave Nanjing Prison on March 1st, and freely reunite with his family in Beijing.
The signatory organisations also called in the joint statement for sustained attention on the growing risks and threats his wife, Xu Yan, faces for advocating for his rights and release.
For this, the authorities revoked his legal license on 16 January, 2018. Three days later, he was forcibly disappeared, a day after publishing an open letter calling for constitutional reform. He was put on trial in secret on 9 May 2019, but his wife, Xu Yan, was only informed of his four-years jail sentence in June 2020.
The signatories of the joint statement express grave concern that Yu Wensheng may be put under a de facto home arrest, severely restricted in his movements and communication, and unable to reunite with his family in Beijing.
Human rights lawyers have endured such restrictions upon leaving prison on grounds of a supplemental sentence of ‘deprivation of political rights’, in a phenomenon known as ‘non-release release’. In September 2019, UN experts condemned the use of this practice against lawyer Jiang Tianyong as ‘gratuitously punitive and legally unjustified’.
IThe signatory organisations urge the Chinese authorities to:
Ensure that Yu Wensheng is able to reunite with his family in Beijing on 1 March, to exercise his rights to move and communicate freely, and that he is not subjected to surveillance and harassment. He must also be able to resume his legal work without restrictions;
Put an end to the surveillance and harassment of Yu Wensheng’s family;
Guarantee in all circumstances that all lawyers in China, including human rights lawyers, are able to carry out their legitimate professional duties without fear of reprisals and free of restrictions.
On 14 February 2022 FIDH published a joint statement to support Sri Lankan human rights defender Ambika Satkunanathan:
We the undersigned human rights organizations, express our deep concern about the statement issued by the Sri Lankan Foreign Ministry on February 4, 2022, in which the government denounced testimony given by Ambika Satkunanathan, a leading human rights lawyer, to the European Parliament on January 27. The government statement clearly constitutes an act of harassment and intimidation. We condemn the Sri Lankan government’s tactics to intimidate human rights defenders, and express our full solidarity with Ms. Satkunanathan, a well-known, respected and courageous human rights defender. Targeting her for providing accurate testimony about the human rights situation in Sri Lanka to the European Parliament is completely unacceptable, and sends a chilling message to all Sri Lankan civil society, especially those in the north and east, who are already operating under considerable duress under the current administration.
Sri Lanka’s international partners, including the European Union, should publicly condemn the Sri Lankan government’s statement and express solidarity with Ms. Satkunanathan, who has been targeted for her international engagement, and increase their efforts to engage with Sri Lankan civil society at large.
The Foreign Ministry’s statement contains numerous false claims in an attempt to disparage and delegitimize a distinguished human rights advocate, placing her at risk of physical danger in retribution for her brave work. The government’s claim that her testimony was “reminiscent of LTTE [Liberation Tigers of Tamil Eelam] propaganda that once stoked hatred among communities,” and that “such allegations need to be refuted in the interest of social harmony” Is particularly insidious and dangerous.
The government’s statement mirrors its repeated practice of falsely equating human rights defenders and human rights advocacy with those pursuing “terrorism.” The statement’s language aligns these baseless allegations with vague and frequently abused provisions under the Prevention of Terrorism Act (PTA), exposing Ms. Satkunanathan to a heightened risk of threats, attacks and persecution.
Ms. Satkunanathan was a commissioner of the National Human Rights Commission of Sri Lanka before that body’s independence was compromised under the current administration and led the first national study on Sri Lanka’s prisons. Prior to that, she was for many years a legal consultant to the Office of the United Nations High Commissioner for Human Rights. She is the author of an important recent report on abuses committed during the so-called “war on drugs.”
We are concerned that the government’s statement seeks to place the blame on human rights defenders if the European Union determines that Sri Lanka failed to meet its human rights commitments under GSP+, the preferential tariff system. The European Union should remind the Sri Lankan government that the responsibility to uphold its international human rights obligations rests with the government. The government’s treatment of human rights defenders reflects its lack of respect for international human rights law.
We support Ms. Satkunanathan’s testimony to the European Parliament, which accurately described a situation already reported by the United Nations and many domestic and international human rights organizations. The government’s response contains numerous false statements, including:
The government claims to be “engaged in long standing cooperation with the UN human rights mechanisms and the UN Human Rights Council.” On the contrary, in February 2020, soon after taking office, the government of President Gotabaya Rajapaksa withdrew Sri Lankan support from consensus resolutions of the council, repudiating commitments made by the previous government. Special Procedures mandate holders of the Council issued a statement on February 5, 2021, noting that their recommendations, including on torture, the independence of the judiciary, arbitrary detention, enforced disappearances, minority rights, counterterrorism, freedom of religion or belief, and freedom of assembly and association, had been ignored.
The government claims to be “strengthen[ing] rule of law, access to justice and accountability.” However, President Rajapaksa campaigned on a platform of protecting “war heroes” from prosecution, and has appointed individuals implicated in war crimes to senior government posts. His presidential commission on “political victimization” has sought to interfere in judicial proceedings and block trials and investigations in human rights cases implicating the president’s associates and the president himself. The president pardoned Sunil Ratnayake, one of very few members of the armed forces ever convicted of human rights violations, who murdered eight Tamil civilians including children.
The government denies that civic space is shrinking, as Ms. Satkunanathan described in her testimony. Yet under the current government, many human rights defenders have said that they are subjected to continual government intimidation, intrusive surveillance, and attempts to block their access to funds. In her most recent update to the Human Rights Council, High Commissioner Michelle Bachelet wrote that, “surveillance, intimidation and judicial harassment of human rights defenders, journalists and families of the disappeared has not only continued, but has broadened to a wider spectrum of students, academics, medical professionals and religious leaders critical of government policies.” The UN Special Rapporteur on contemporary forms of slavery in his end-of-mission statement last December documented government intimidation of civil society and a “shrinking civic space.”
The government claims there is no “concrete evidence of discrimination against minorities.” In fact, for nearly a year the government banned the burial of people said to have died with Covid-19, causing immense distress to the Muslim community without any medical justification in what is only but one example of discrimination against ethnic and religious minorities. Such burials are now permitted only at a single remote site. In January 2021 High Commissioner Bachelet found that, “Tamil and Muslim minorities are being increasingly marginalized and excluded in statements about the national vision and Government policy… Sri Lanka’s Muslim community is increasingly scapegoated.” The High Commissioner’s findings are in line with reports by Amnesty International, Human Rights Watch, and others that the Prevention of Terrorism Act is used almost exclusively against members of the Tamil and Muslim communities. The government continues to deny efforts to commemorate war victims belonging to the Tamil community.
The government denies Ms. Satkunanathan’s description of alleged extrajudicial killings committed in the context of Sri Lanka’s “war on drugs.” However, these abuses are widely documented. In September, High Commissioner Bachelet said, “I am deeply concerned about further deaths in police custody, and in the context of police encounters with alleged drug criminal gangs, as well as continuing reports of torture and ill-treatment by law enforcement officials.”
The Sri Lankan government’s statement attacking Ambika Satkunanathan for her testimony to the European Parliament’s Sub-Committee on Human Rights exemplifies threats faced by human rights defenders, particularly when they engage with foreign and international forums, and it further shows the government’s refusal to address the ongoing serious human rights violations taking place in the country. Instead of trying to silence those who seek to defend human rights, the government should give serious consideration to their input and contributions, and take urgent action to ensure that they can work in a safe environment without fear of reprisals.
He was first arrested in February 1982, when he was held for four months and tortured. In 1989 the CDDL-HR formed an underground publication, Sawt al-Dimuqratiyya (The voice of democracy). In 1991 the group called for free elections, leading to Naisse’s arrest in December 1991. In 1992 he was tried and sentenced to 9 years imprisonment in Sednaya prison. Released in July 1998, Naisse was not subsequently permitted to practice law.
In August 2003 Naisse was questioned and threatened by military security. The committee posted a public letter on the Internet, calling for the lifting of the state of emergency. On 8 March 2004 they led around 700 demonstrators in a peaceful sit-in in front of the Syrian parliament building in Damascus. Naisse and one hundred others presented the parliament with a petition against the state of emergency, signed by over 7,000 people.
On 13 April 2004 Naisse was arrested and returned to Sednaya prison. There he suffered a stroke, leaving him partially paralysed. He began a hunger strike, and was released on bail pending trial on 16 August 2004. After international appeals on his behalf, the court acquitted him on 26 June 2005.
“We try to defend happiness from a principle of reality” – Donovan Ortega, Human Rights Defender. Donovan Ortega is a human rights defender from Mexico who participated in the 2021 online edition of ISHR’s Human Rights Defender Advocacy Programme (HRDAP). Donovan is responsible for the international advocacy agenda at the Fray Francisco de Vitoria Human Rights Center in Mexico, and had the opportunity to do advocacy activities at the Human Rights Council in the framework of Mexico’s Universal Periodic Review (UPR).
In this short video, he explains how his work will help to achieve his objectives and vision in the future.
The government claims to be “engaged in long standing cooperation with the UN human rights mechanisms and the UN Human Rights Council.” On the contrary, in February 2020, soon after taking office, the government of President Gotabaya Rajapaksa 
Hans Thoolen on Human Rights Defenders and their awards 