‘If we work together to make sure that issues are more visible, that happen in Africa, the civil society organisations, I think, will be achieving more.’
Odinakaonye ‘Odi’ Lagi is the programme director for the Network of University Legal Aid Institutions (NULAI), Nigeria, and she works on promoting access to justice and legal aid for Nigerians. Citing the example of the Nigerian social movement to protest against the actions of the Special Anti-Robbery Squad (known as the end #EndSars protests), which she says did not receive enough attention in the continent, she calls for civil society groups and activists across Africa to come together to shed more collective light on individual national struggles.
On 22 January 2023 Freedom Under Law (FUL) said that the news that eSwatini human rights lawyer Thulani Maseko has been gunned down in cold blood comes as no surprise. The eSwatini government said Maseko was brutally shot and killed by unknown criminals at his home in Mbabane on Saturday night. See: https://www.trueheroesfilms.org/thedigest/laureates/03464020-c1e6-11ea-a3f7-933e766692a6
“A ceaseless and fearless human rights lawyer, an outspoken critic of the regime in his beloved eSwatini, Thulani had all too long suffered at the hands of a heedless regime. But he lived by the motto: ‘My head is bloody, but unbowed … I am the master of my fate: I am the captain of my soul’.
“Sadly, and to the shame of those engaged in the administration of justice in his country, all too often he was a lone beacon of light,” FUL chair judge Johann Kriegler said. He said no-one could be misled by the cynical message of condolence put out on behalf of the eSwatini government.
“His passing has not only left his family bereft of a loved one; his country has been left the poorer, its human rights conscience brutally stifled.”
FUL said in paying tribute to Maseko that it respectfully suggested it would be fitting if the Law Society of eSwatini were to mark his passing by observing January 21 every year as a day of mourning his death and rededication to the rule of law. “To his widow and family we express our grateful condolences. They have paid a bitter price on behalf of all who try to serve the principles for which their dear one lived.”
According to the eSwatini government, Maseko was shot by “unknown criminals”. “[His] demise is a loss to the nation, and his footprints as a human rights lawyer are there as proof of his contributions to the country. He will be surely missed,” it said in a statement. Spokesperson Alpheous Nxumalo said the country’s security forces had assured the government that they were already at work looking for the killers and would not rest until they have been brought to book. “Government also wants to warn against speculations and insinuations, peddled particularly on social media platforms in instances like these. Again, government distinctively disassociates… and the country’s authorities from these heinous acts.”
Maseko chaired the Multi-Stakeholders Forum, a collaboration of political parties and civil society groups working to amplify calls for democratic reforms.
In 2018, Maseko took Swaziland’s King Mswati III to court for changing the country’s name. He had argued that the resources to be channelled to the name change should rather go towards improving living standards of the poor, according to reports by City Press. In 2014, Maseko was sentenced to two years in prison, with the editor of news magazine The Nation, Bheki Makhubu, for contempt of court over articles critical of the government and judiciary. The Nation published articles co-authored by the two men which were critical of the chief justice and suggested that he may have abused his powers. See also: https://lawyersforlawyers.org/en/lawyers/thulani-maseko/
On 12 January 2023, over 100 Groups urged world leaders to jointly press for all charges against Mongolian writer and activist Munkhbayar Chuluundorjto be dropped and for him to be freed.
We urge the Mongolian government to immediately release Mr. Munkhbayar Chuluundorj who was arbitrarily arrested in Ulaanbaatar, Mongolia, by the General Intelligence Agency (GIA) of Mongolia on February 17, 2022.
Mr. Munkhbayar Chuluundorj is an award-winning Mongolian journalist, poet, and human rights activist known for defending the linguistic, cultural, and historical identities of Southern Mongolians.
Mr. Munkhbayar Chuluundorj was detained in Ulaanbaatar on politically motivated charges related to his public criticism of the Mongolian government’s close ties with China and the shrinking rights in Southern Mongolia. His arrest and sentencing took place amid China’s increasingly severe policies in Southern Mongolia that aim to remove learning in the Mongolian language for several key subjects. …
Mr. Munkhbayar Chuluundorj was sentenced to 10 years in prison on June 28, 2022, for “collaborating with a foreign intelligence agency” against the People’s Republic of China. On December 21, 2022, the Supreme Court of Mongolia heard his appeal and upheld the lower court’s original decision. There is no evidence linking Mr. Munkhbayar Chuluundorj to the charge and his lawyer, Ms. Baasan Geleg, has dismissed the national security charge against him as entirely baseless.
In September 2022 two handwritten letters from Mr. Munkhbayar Chuluundorj – penned in the detention center in June 2022 – were received by the Southern Mongolian Human Rights Information Center. In the letters, he pleaded his innocence and detailed how he believed the evidence against him had been fabricated in relation to his work to better the conditions of Mongolians.
Land-locked Mongolia is highly dependent on China for imports and there has been an increase in economic influence, including vast loans via Xi Jinping’s ‘Belt and Road Initiative’, in recent years that have pushed Mongolia into major indebtedness to China. These debts are further exacerbated by a program of cultural propaganda such as the establishment of Confucius Institutes, television and radio broadcasts, and cultural centers.
Growing concern about the Mongolian state’s harassment, intimidation, and reprisals against human rights defenders is growing. In October 2022, the UN Committee on Economic, Social, and Cultural Rights raised the issue of human rights defenders and recommended Mongolia put in place protection safeguards and ‘urgently investigate cases in which human rights defenders are criminalized’. Later in the same month, the Japanese “Parliamentary Support Group for Southern Mongolia” published a statement regarding the sentence of Mr. Munkhbayar Chuluundorj.
Rights groups are calling on like-minded governments – both jointly and bi-laterally – and the UN Human Rights Council to call for the immediate release of Mr. Munkhbayar Chuluundorj.
Kenneth Roth wrote in the Guardian of 10 January 2023 “I once ran Human Rights Watch. Harvard blocked my fellowship over Israel. I was told that my fellowship at the Kennedy School was vetoed over my and Human Rights Watch’s criticism of Israel”.
. ..If any academic institution can afford to abide by principle, to refuse to compromise academic freedom under real or presumed donor pressure, it is Harvard, the world’s richest university. Yet the Kennedy School’s dean, Douglas Elmendorf, vetoed a human rights fellowship that had been offered to me because of my criticism of Israel. As best we can tell, donor reaction was his concern.
.. in anticipation of my stay at the school, I reached out to the dean to introduce myself. We had a pleasant half-hour conversation. The only hint of a problem came at the end. He asked me whether I had any enemies.
It was an odd question. I explained that of course I had enemies. Many of them. That is a hazard of the trade as a human rights defender.
I explained that the Chinese and Russian governments had personally sanctioned me – a badge of honor, in my view. I mentioned that a range of governments, including Rwanda’s and Saudi Arabia’s, hate me. But I had a hunch what he was driving at, so I also noted that the Israeli government undoubtedly detests me, too.
That turned out to be the kiss of death. Two weeks later, the Carr Center called me up to say sheepishly that Elmendorf had vetoed my fellowship. He told Professor Kathryn Sikkink, a highly respected human rights scholar affiliated with the Kennedy School, that the reason was my, and Human Rights Watch’s, criticism of Israel.
That is a shocking revelation. How can an institution that purports to address foreign policy – that even hosts a human rights policy center – avoid criticism of Israel. Elmendorf has not publicly defended his decision, so we can only surmise what happened. He is not known to have taken public positions on Israel’s human rights record, so it is hard to imagine that his personal views were the problem.
But as the Nation showed in its exposé about my case, several major donors to the Kennedy School are big supporters of Israel. Did Elmendorf consult with these donors or assume that they would object to my appointment? We don’t know. But that is the only plausible explanation that I have heard for his decision. The Kennedy School spokesperson has not denied it.
Some defenders of the Israeli government have claimed that Elmendorf’s rejection of my fellowship was because Human Rights Watch, or I, devote too much attention to Israel. The accusation of “bias” is rich coming from people who themselves never criticize Israel and, typically using neutral sounding organizational names, attack anyone who criticizes Israel.
Moreover, Israel is one of 100 countries whose human rights record Human Rights Watch regularly addresses. Israel is a tiny percentage of its work. And within the Israeli-Palestinian context, Human Rights Watch addresses not only Israeli repression but also abuses by the Palestinian Authority, Hamas and Hezbollah.
In any event, it is doubtful that these critics would be satisfied if Human Rights Watch published slightly fewer reports on Israel, or if I issued less frequent tweets. They don’t want less criticism of Israel. They want no criticism of Israel.
The other argument that defenders of Israel have been advancing is that Human Rights Watch, and I, “demonize” Israel, or that we try to “evoke repulsion and disgust”. Usually this is a prelude to charging that we are “antisemitic”.
The issue at Harvard is far more than my own academic fellowship. I recognized that, as an established figure in the human rights movement, I am in a privileged position. Being denied this fellowship will not significantly impede my future. But I worry about younger academics who are less known. If I can be canceled because of my criticism of Israel, will they risk taking the issue on?
The ultimate question here is about donor-driven censorship. Why should any academic institution allow the perception that donor preferences, whether expressed or assumed, can restrict academic inquiry and publication? Regardless of what happened in my case, wealthy Harvard should take the lead here.
To clarify its commitment to academic freedom, Harvard should announce that it will accept no contributions from donors who try to use their financial influence to censor academic work, and that no administrator will be permitted to censor academics because of presumed donor concerns. That would transform this deeply disappointing episode into something positive.
On 16 December, 2022 Human Rights Watch published “In Memory of Aleh Hulak“, chair of the Belarusian Helsinki Committee (BHC) and a long-time leader of the Belarus human rights movement. Hulak, 55, led the Helsinki Committee with courage and unwavering commitment, including through the country’s recent, vicious crackdown on rights and the entrenchment of President Aliaksandr Lukashenka’s autocracy.
The BHC, one of the country’s oldest human rights groups, has a broad mandate to advance civil and political, and social and economic rights. Hulak was a strong voice for free speech and the release of political prisoners and also for fair work conditions, and upholding human rights in business, trade union operations and health care.
The Belarusian government liquidated the BHC in 2021, along with hundreds of other independent groups. Hulak for years had pursued, against all odds, the group’s accreditation at the United Nations Economic and Social Council. In a bittersweet victory, his efforts succeeded less than two months ago.
In November 2022, AlKhawaja informed his family that authorities are bringing four new charges against him for his protests against the harsh conditions which he and other political prisoners have been subjected to in Jau prison.
On 16 November, the Second Lower Criminal Court scheduled a hearing on the first of these new charges for an incident in November 2021 when authorities denied his right to call his daughters. However, the court postponed this hearing until 28 November on the grounds that Al-Khawaja needed to perform a power of attorney, something which he was going to do in-person during the hearing. A lieutenant attempted to pressure and threatened Al-Khawaja into recording a video stating that he was refusing to attend the hearing. Nevertheless, Al-Khawaja refused and repeatedly stated on camera his desire to attend the hearing. He was then transferred back to his cell.
The second charge against him is for insulting a public servant and criticizing a foreign state (Israel) in March 2022 when Al-Khawaja led a peaceful protest inside the prison. He was chanting his opposition to the normalization of relations between Bahrain and Israel, as well as insulting a public servant, who allegedly tortured one of his cellmates. The hearing for this charge was set for 21 November. Prior to the hearing, authorities denied him the every-other-day calls with his lawyer. This hearing was also postponed and while the judge stated that AlKhawaja refused to attend, has not presented any evidence to AlKhawaja’s attorney to support this claim. AlKhawaja has informed his daughter that he wanted to attend.
The third charge, by far the most serious, is a charge of incitement to overthrow or change the regime, and relates to an incident in July 2022 when AlKhawaja was scheduled to attend a medical appointment for treatment on his back. During this appointment, authorities insisted on shackling his feet and hands during transfer and putting him in a small bus with no ventilation, creating conditions like an oven. In response, AbdulHadi started protesting and chanting “Down with the Interior Minister ” holding him accountable for his mistreatment and torture.
The fourth and final charge relates to the protest against the ill-treatment of a fellow inmate and is expected in the coming days.
In addition to these charges and violations, AlKhawaja was already suffering the unceasing legal and bodily violations of prison authorities since his arrest 12 years ago. In addition to inhumane restrictions and property confiscation, authorities have systematically used medical negligence as a form of reprisal against AlKhawaja’s activism. He has been denied proper medical treatment which has significantly contributed to the deterioration of his health. He suffers from back pain and vision impairment which were exacerbated by the extreme torture he endured during interrogations by security officers, as well as magnesium deficiency and leg spasms. In response to this treatment, AlKhawaja has gone on multiple hunger strikes and protests with his fellow inmates against the dehumanizing and unjust treatment by authorities.
These charges clearly demonstrate how prison authorities are trying to silence all dissent against their systematic repression of pro-democracy Bahrainis. Many organizations and individuals have condemned these charges because they set a dangerous precedent.
A recent BBC documentary is about the challenges faced by humanists and atheists in Nigeria. The film was released this week and focuses on Mubarak Bala, reporting on the events that took place in the run-up to his unjust and disproportionate sentencing in April 2022.Mubarak, who is the President of the Humanist Association of Nigeria, is currently serving a 24-year prison sentence, in connection with a series of Facebook posts that some deemed to be ‘blasphemous’ and ‘likely to cause a public disturbance’. See also: https://humanrightsdefenders.blog/2021/08/27/mubarak-bala-wins-humanist-international-2021-freedom-of-thought-award/
Leo Igwe, Humanists International Board Member & Founding member of the Humanist Association of Nigeria, has been spearheading the campaign for his release since he was first arrested in April 2020.: “The launch of the documentary marks more than 30 months since Mubarak was separated from his family. I’m so proud of his wife, Amina, for the strength she has shown, but you can see in her interview how hard this has been for her. Perhaps the most chilling part of the documentary is when the lawyer who brought about the complaint against Mubarak simply cannot hide his pleasure at the outcome of the sentence, despite the devastating impact on the family. He says: “I really feel bad for the wife and the little son” but the smile on his face tells a very different story.”
Following this week’s decision, Mubarak now has one year left of his sentence to serve however our work is not over; the state still has the opportunity to appeal. We will continue to monitor the situation closely and will work to support Mubarak until his safe release.
On 28 October 2022 HRW reports on the continuing crackdown on human rights defenders in Turkey, where Şebnem Korur Fincancı is the latest human rights defender to be jailed as authorities pursue a bogus investigation against her for “spreading terrorist propaganda.” Korur Fincancı is head of the Turkish Medical Association, former head of the Human Rights Foundation of Turkey, and a retired professor of forensic pathology. Her work was central to the creation of the United Nations’ “Istanbul Protocol,” a landmark manual on how to identify and document signs of torture. She has also worked on the exhumation of mass graves and forensic documentation of war crimes in different countries. See also: https://humanrightsdefenders.blog/2018/11/05/turkish-human-rights-defender-and-forensic-doctor-sebnem-korur-fincanci-honoured/
Korur Fincancı’s arrest and pre-trial detention followed an interview she gave to pro-Kurdish TV on October 19. Responding to allegations that the Turkish military had used chemical weapons against the armed Kurdistan Workers’ Party (PKK) in the Kurdistan Region of Iraq, Korur Fincancı said the video footage she had seen suggested use of toxic gases affecting the nervous system and that there should be a full investigation. Turkish pro-government media and President Recep Tayyip Erdoğan accused Korur Fincancı and the Turkish Medical Association of slandering the Turkish military. Prosecutors and courts rapidly responded by ordering her investigation and detention.
Korur Fincancı’s arrest is the latest in a pattern of politically motivated cases as the Erdoğan government continues its crackdown on critics and opponents. Just this week, police also detained 10 Kurdish journalists on top of 16 incarcerated in June. The Turkish authorities show all the signs of being determined to silence the voices of experts like Korur Fincancı as well as the journalists who report their words.
Authorities also appear focused on a broader plan of reshaping and taking over professional bodies that have been critical of government policies. On October 27, Turkey’s justice minister announced a plan to restructure both the Turkish Medical Association, from which Korur Fincancı will be removed as head, and the Union of Chambers of Turkish Engineers and Architects. Mücella Yapıcı, a prominent member of the latter, was convicted and jailed in April along with rights defender Osman Kavala and six others for her alleged role in the 2013 Gezi Park protests.
In the run-up to the 2023 presidential and parliamentary elections, the Turkish government is likely to continue to misuse criminal charges and detention against individuals it wants to silence and attempt to seize institutions outside its control.
The Rafto Prize 2022 is awarded to Nodjigoto Charbonnel and his organization Association Jeunesse pour la Paix et la Non-Violence (AJPNV), “Youth for peace”, for their courageous struggle to abolish torture in Chad as well as internationally. In the context of authoritarianism, terrorism, war on terror and institutionalized violence, and at great personal risk, Charbonnel and his team assist survivors in rebuilding their lives after torture, and advocate the protection of human rights, and the prevention of torture and sexual violence by providing human rights education for youth and civil society.
For more on this award and its laureates, see: https://www.trueheroesfilms.org/thedigest/awards/A5043D5E-68F5-43DF-B84D-C9EF21976B18. Since the year 2000, AJPNV has conducted programs for the rehabilitation of victims of torture, the promotion of peace and non-violence and the prevention of torture in Chad. The need is overwhelming: in 2021, the organization treated 575 torture survivors. AJPNV provides medical, psychological, and legal support, free of charge, to victims of torture and sexual violence to reduce its somatic, psychological, and social harm. They assist the reintegration of victims of sexual violence through vocational training and prevent torture through education on the effects of torture on the individual and on the society.
Nodjigoto Charbonnel became familiar with the long-term harm and suffering caused by torture after his father survived mistreatment by state authorities. This experience motivated Charbonnel to found AJPNV. For 8 years he worked as an engineer at an international oil and gas production company, but in 2012 they terminated his contract because of his human rights work. Charbonnel serves as the Sub-Saharan Africa Council member of the International Rehabilitation Council for Torture Victims and as a regional leader of the Global Human Rights Project. Due to his work, Charbonnel has been detained and imprisoned three times. He and his family have also suffered harassment by state agents. Despite the political repression, Charbonnel and his AJPNV team maintain a clear voice for the victims of torture and sexual violence: “We reaffirm our commitment to shed light on those who commit torture, to expose their violation, to prevent future acts of torture, to ensure justice“
On August 15, 2022, the Attorney General’s Office formally notified the Justice Ministry’s Department of Special Investigation (DSI) of its decision to indict four park officials accused of abducting and murdering Porlajee “Billy” Rakchongcharoen in April 2014. The charges include illegal confinement, premeditated murder, and concealing the victim’s body.
“Thai officials have long hindered justice for Billy through cover-ups and exploitation of legal loopholes,” said Elaine Pearson, acting Asia director at Human Rights Watch. “The authorities can right this wrong by ensuring that the attorney general’s decision to indict four officials moves promptly to an effective and fair prosecution.”
Billy was last seen on April 17, 2014, in the custody of Chaiwat Limlikitaksorn, then-head of Kaeng Krachan National Park in Phetchaburi province, and his staff. The park officials said they released him after questioning him briefly and had no information regarding his whereabouts. On September 3, 2019, DSI officials announced that his remains had been found in Kaeng Krachan National Park. Chaiwit was among the four indicted.
Pinnapa Prueksapan, Billy’s wife, told Human Rights Watch that she hoped there would be answers to basic questions, such as who had abducted and killed her husband, and who had obstructed justice.
Thailand is obligated under international human rights treaties to which it is a party to investigate and appropriately prosecute enforced disappearance, torture, custodial deaths, and other alleged human rights violations. In addition, in September 2019, Prime Minister Gen. Prayut Chan-ocha ordered the Department of Special Investigation to ensure that the case was watertight so the culprits could be brought to justice, regardless of their rank or position.
However, the investigation has suffered from a cover-up, Human Rights Watch said. Despite a long list of allegations against Chaiwat for serious abuses and misconduct during his tenure as head of Kaeng Krachan National Park, he has never been held to account.
In addition, Thai law does yet not recognize enforced disappearances as a crime. Human Rights Watch has repeatedly urged Prime Minister Prayut and his government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance, which Thailand signed in 2012, and make enforced disappearance a criminal offense.
Chaiwat and his staff arrested Billy on April 17, 2014, for alleged illegal possession of a wild bee honeycomb and six bottles of honey.
At the time of his enforced disappearance, he was traveling to meet with ethnic Karen villagers and activists in preparation for an upcoming court hearing in the villagers’ lawsuit against Chaiwat and the National Park, Wildlife, and Plant Conservation Department of the Ministry of Natural Resources and Environment.
The villagers alleged in the lawsuit that, in July 2011, park authorities had burned and destroyed the houses and property of more than 20 Karen families in the Bangkloy Bon village. Billy was also preparing to submit a petition about this case to Thailand’s monarch. When he was arrested, he was carrying case files and related documents with him. Those files have never been recovered.
In September 2014, Police Region 7 officers filed malfeasance charges under article 157 of the penal code against Chaiwat and three other park officials for unlawfully detaining him. The other suspects named in the case are Boontaen Bussarakham, Thanaseth or Pitoon Chaemthes, and Krissanapong Jitthes. The DSI found traces of human blood in a vehicle belonging to the park office, but was not able to verify if the blood belonged to Billy because the vehicle was cleaned before forensic experts could examine it.
On September 3, 2019, the DSI announced that his remains had been found in Kaeng Krachan National Park, where he was last seen in custody of the park officials. The investigation team found an oil barrel, its lid, two steel rods, a burned wooden piece, and two bones at the bottom of the reservoir on April 26, 2019.
The Central Institute of Forensic Science subsequently confirmed the genetic trace of one of the bones found inside the barrel matched Billy’s mother. The investigation team then concluded it was part of his remains. The condition of this piece of human skull, which was burned, cracked, and shrunk due to exposure to heat of 200 to 300 degrees Celsius, suggests the killers burned his body to conceal the crime.
“The indictment of Chaiwat and other park officials is an important step for justice for Billy and all those whom Thai government officials have forcibly disappeared and killed,” Pearson said. “Thai authorities should recognize that they can’t escape being held accountable for the most heinous crimes.”
Hans Thoolen on Human Rights Defenders and their awards 