On 27 February 2017 the new Secretary General, António Guterres, addressed for the first time the UN Human Rights Council. For 10 years, he was the “other” High Commissioner (for Refugees), just down the road from the Palais des Nations where he was speaking. Some of his remarks are quoted here (from SG/SM/18456-HRC/25), especially the last paragraph dedicated to human rights defenders and journalists: Read the rest of this entry »
Posts Tagged ‘Human Rights Defenders’
New Secretary-General at Human Rights Council tells human rights defenders: “And I am on your side”
February 28, 2017Parallel Event on Asian Justice Institutions and HRDs on 2 March 2017 in Geneva
February 27, 20171. Mr. Basil Fernando, Director, Policy and Programme, Asian Human Rights Commission
2. Mr. Mandeep Tiwana, Head of Policy and Research, CIVICUS
3. Mr. Sharan Srinivas, Director, Research and Advocacy, Right Livelihood Award Foundation
Of the above three categories, the first and second could be overcome to a large degree at the national level, had the criminal justice institutions in Asian states been independent, and are able to decide upon cases that these institutions are called upon to engage upon.
Asian states today often enact legislations to restrict the operations of HRDs and the organisations they represent. China for instance, has legislations that directly impede the operation of HRDs . Indeed, the law does not prohibit the operation of ‘foreign’ NGOs, but stipulates obtaining permissions from different state agencies before commencing work, and has cast a broad net that prohibits organisations from engaging in activities otherwise considered to be human rights work, including: advocacy, legal assistance, labour, religion, and ethnic minority affairs. State agencies are given unbridled powers to interpret an activity as one under any of these prohibited criteria. The situation of domestic NGOs, including lawyers is worse in China even before the enactment of the new ‘foreign NGO’ law. The government has imposed heavy scrutiny and restrictions upon domestic NGOs, and often detain HRDs and lawyers on criminal charges.
China however is not an exception in the Asian region. Thailand for instance has legislations in place even prior to the military coup that restricts HRDs and civil society work. Thai state has spared no resources to oppress HRDs, often using the law against defamation that has penal provisions, interpreted at the will of the state by the country’s courts. After the coup, the National Peace and Reconciliation Council has promulgated ordinances that literally restrict all forms of freedom. HRDs who campaigned against the military’s version of the current Thai constitution, and the namesake referendum that was organised by the military, were arrested and imprisoned.
Bangladesh, against all its obligations under domestic and international law detains HRDs, forces closure of civil society organisations by repeatedly raiding their offices and seizing office equipment and documents, and does not allow these organisations to operate their bank accounts. India too engages in similar tactics against civil society organisations that openly criticise the government and its policies. Similar circumstances exist in most other states in the region, including Singapore, Myanmar, Indonesia, Sri Lanka and the Philippines.
In Pakistan, the state is engaged in a shadow war against the civil society using right-wing religious forces, including right-wing media, that has systematically targeted HRDs who have advocated for democratic governance, and in particular urged the country\’s military from illegally and arbitrarily intervening in civilian administration.
In all the above circumstances, what is witnessed is the increasing role played by the entire criminal justice apparatus in Asian states that collide with the state in repressing HRDs and civil society work. Asian states liberally use their agencies like the police, prosecutor\’s office and other specialised agencies to obstruct HRDs in their work, often alleging false criminal charges against organisations or the staff members of these organisations. On the other hand, Asian judiciary has repeatedly failed to intervene in these cases despite the civil society reaching out to the courts for justice.
In instances where restrictive legislations are enacted or executive orders issued, restricting civil society freedom, the judiciary has the responsibility to intervene, and if necessary, annul the law or the executive order holding it as one against constitutional rights and the state\’s obligation under international human rights law. Instead, the Asian judiciary often support state actions. Instances where cases are adjourned without a decision being made are common.
Improving Asia’s human rights standards is not possible without radical reforms brought into the region’s justice delivery framework, particularly of the criminal justice procedures. The absence of independence and professionalism of Asia’s justice architecture is the cornerstone upon which impunity is built in the region. Asian states are aware of this and has consciously kept their justice institutions under direct control. Today Asian HRDs and the entire civil society in the region suffers due to this. Effective judicial intervention in instances where the state exceeds its mandate and stifle civil society work is an exception than a norm.
The side event organised by the Asian Legal Resource Centre, along with The Right Livelihood Award Foundation is an attempt to expose the dubious role played by Asia’s justice institutions in stifling civil society work in the region. The event is also an attempt to raise awareness about this scenario in the global human rights community and to seek support to address this problem.
Lifetime Achievements in Human Rights: 4 Human Rights Defenders
February 24, 2017Anna Neistat, Senior Director of Research at Amnesty International, writes in the Huffington Post of 23 February 2017 about 4 Human Rights Defenders who deserve a “Lifetime Achievements” Oscar. Since it’s awards season, Amnesty International is paying tribute to four human rights heroes whose dramatic stories could – and should – be made into movies:
Itai Peace Dzamara
It’s been almost two years since Zimbabwean journalist and activist Itai Peace Dzamarawas dragged from a barbers’ chair by five armed men while he was getting a haircut. Dzamara, the leader of a pro-democracy movement called “Occupy Africa Unity Square”, had long been considered an enemy of the state by the Zimbabwean government. Just two days before his abduction he had delivered a speech at an opposition rally in Harare, calling for mass action against the deteriorating economic conditions in Zimbabwe. If this were a movie, justice would have been done long ago. Dzamara would have been returned to his wife and children, and the men who abducted him held accountable. But this isn’t Hollywood. This is Zimbabwe, where basic rights and freedoms have been trampled on throughout the long years of Robert Mugabe’s reign. As Itai Peace Dzamara and his family know, anyone who dares to speak out is a target for intimidation, harassment and arrest, and there’s no happy ending in sight. Despite a court ruling ordering state security agents to investigate Dzamara’s disappearance, there were gaps in the investigation and his whereabouts remains a mystery. [https://humanrightsdefenders.blog/2015/05/05/itai-dzamaras-disappearance-worrying-for-all-human-rights-defenders-in-zimbabwe/]
Berta Cáceres
Like the audience of a horror movie, the people around Berta could see that terrible danger was coming her way – but they were powerless to stop it. Honduras has the highest number of killings per capita of environmental and land activists in the world. The vast majority of these killings go unsolved and unpunished. One story that really stands out in this deadly context is that of Berta Cáceres. Berta was the leader and co-founder of an organisation that was campaigning against the construction of a hydroelectric project on the ancestral lands of indigenous communities in Honduras. In the early hours of 2 March 2016, she was murdered in her own home. Berta knew that she was putting her life in danger, but she was willing to take the risk to stand up for indigenous communities. Like the audience of a horror movie, the people around Berta could see that terrible danger was coming her way – but they were powerless to stop it. Despite the stark warning that her death served, environmental activists in Honduras say that stopping their work is not an option – no-one else will defend their communities and rights. They continue Berta’s work every day, reminding us that we should never take freedom for granted. It is essential that Berta’s assassination is solved, to show that there is a price to pay for attacking and killing environmental activists. Berta’s story ended in tragedy, but we will not stop fighting until we are sure that other activists will not meet the same fate. [https://humanrightsdefenders.blog/2016/03/07/exceptional-response-from-ngo-world-on-killing-of-berta-caceres/]
Sirikan Charoensiri
Sirikan Charoensiri, also known as “June”, is a young lawyer who has bravely stood up for human rights during a dark period of military rule in Thailand. In June 2015, she was on hand at a peaceful protest by pro-democracy student activists in Bangkok to monitor the situation and provide legal representation, if necessary. She now finds herself facing sedition charges and a potential trial in a military court alongside her clients. She also faces charges in two additional cases relating to her defence of the student activists and could be imprisoned for up to 15 years. As the Thai authorities have escalated their crackdown in the name of security, people who stand up for human rights in the country are increasingly falling foul of a government intent on silencing dissent. As June herself put it: “There is now an environment where risk is visible and imminent.” [https://humanrightsdefenders.blog/2016/12/01/international-day-of-women-human-rights-defenders-agents-of-change-under-pressure/]
Narges Mohammadi
Narges is a prisoner of conscience who should be lauded, not locked up, for her human rights work. In Iran, human rights defenders and other peaceful critics are subject to relentless harassment. Over the past year, those jailed after shockingly unfair trials before Revolutionary Courts including lawyers, bloggers, students, women’s rights activists, filmmakers and even musicians. Human rights defender Narges Mohammadi knows better than most how vengeful the Iranian authorities can be towards anyone who dissents. She is currently serving a total of 22 years in prison for speaking out against issues such as Iran’s prolific use of the death penalty and acid attacks on women. What makes her situation even worse is that she is critically ill and cannot receive proper medical care in prison. Just as cruelly, the authorities have at times denied her access to her young children, who had to leave Iran to live with their father in France after she was jailed. Narges is a prisoner of conscience who should be lauded, not locked up, for her human rights work. We will continue to fight until she is free.[https://humanrightsdefenders.blog/2014/06/12/retaliation-against-iranian-human-rights-defender-for-meeting-with-ashton/]
Itai, Berta, Sirikan and Narges are just a handful of the outstanding human rights defenders around the world who deserve recognition, but have instead been silenced by forces of cruelty, injustice and repression.
Source: Lifetime Achievements: Paying Tribute to 4 Human Rights Heroes | The Huffington Post
UN Special Rapporteur on Human Rights Defenders wraps up his first mandate
February 22, 2017The UN Rapporteur on Human Rights Defenders, Michel Forst, has published his report (A/HRC/34/52) which covers the period of his first mandate:June 2014 and March 2017 [see also: https://humanrightsdefenders.blog/tag/m
ichel-forst/ ].
In his report Michel Forst, provides a detailed summary of the activities he carried out during his first mandate, including statistics and trends based on the communications that he sent to States, his visits to a number of countries, the dialogues established with the authorities of various States, and the close cooperation developed with key stakeholders in the protection of human rights worldwide. The Special Rapporteur also presents the work in progress and the challenges and issues on which he plans to focus during his next mandate. The report includes suggestions for diversifying working methods, broadening the scope of cooperation with other key actors, and enhancing the visibility and accessibility of his mandate. Human rights defenders and the promotion of their work and their protection will remain at the core of the Special Rapporteur’s work.
After spending the past three years travelling around the world and documenting the situation of human rights defenders, the Special Rapporteur is more appalled than ever to see attacks against them multiplying everywhere, assailing bloggers, indigenous peoples, journalists, community leaders, whistle-blowers and community volunteers. Furthermore, the Special Rapporteur has become convinced that the incidents in question are not isolated acts but concerted attacks against those who try to embody the ideal of the Universal Declaration of Human Rights in a world free from fear and want. The Special Rapporteur is concerned by the lack of response to observations that have been made repeatedly since the establishment of the mandate.
We must be bolder and more creative in order to face up to threats that weigh heavily on civil society as a whole and on every individual fighting for fundamental rights and freedoms. The Special Rapporteur has also noted that intolerance thrives in part because people know little about their rights or the role of those who protect them. In that regard, it is more vital than ever to make the language of human rights accessible to all in order to ensure that civil society continues to enforce accountability.
As defenders face unprecedented attacks intended to undermine the legitimacy, credibility and sincerity of their commitment, it seems essential to quickly establish links between the specific actions undertaken by the Special Rapporteur and the pledges made at the United Nations when he was appointed in 2014. As populist, nationalist and fundamentalist movements of all kinds multiply, the Special Rapporteur remains convinced that more can be done under his mandate and that his office must continue to serve as a watchdog, a warning mechanism and a crucial resource for thousands of people. [Here he echoes sentiments expressed by others and referred to in this blog, see e.g. https://humanrightsdefenders.blog/2016/12/12/we-must-find-new-ways-to-protect-human-rights-defenders-and-to-counter-the-anti-human-rights-mood/ and the links to other such articles at the end of the post]
The report also identifies those areas in which, in view of the possible renewal of his mandate, the Special Rapporteur intends to become more involved so that his work remains relevant and responds as effectively as possible to defenders’ expectations.
I refer as source here not directly to the UN but draw attention to an excellent documentary service provided by RELIEFWEB:
The Situation of Human Rights Defenders – Amnesty International’s Statement to the UN Human Rights Council 2017
February 15, 2017The document “The Situation of Human Rights Defenders – Item 3: Amnesty International’s Written Statement to the 34th Session of the UN Human Rights Council (27 February- 24 March 2017)” could of course be obtained directly from AI. However, I do it via: http://www.refworld.org/docid/58a195034.html, in order to highlight this very useful service provided by the documentation service of the UN High Commissioner for Refugees (UNHCR) which regularly gives links to documentation concerning countries of origin of refugees. The entry will look like this:
| Title | The Situation of Human Rights Defenders – Item 3: Amnesty International’s Written Statement to the 34th Session of the UN Human Rights Council (27 February- 24 March 2017) |
| Publisher | Amnesty International |
| Publication Date | 13 February 2017 |
| Topics | Human rights activists | Human rights and fundamental freedoms |
| Reference | IOR 40/5647/2017 |
| Cite as | Amnesty International, The Situation of Human Rights Defenders – Item 3: Amnesty International’s Written Statement to the 34th Session of the UN Human Rights Council (27 February- 24 March 2017), 13 February 2017, available at: http://www.refworld.org/docid/58a195034.html %5Baccessed 13 February 2017] |
| Disclaimer |
In their submission AI states in part:
In 1998 the international community adopted, by consensus, the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms thereby recognising the importance that civil society actors play in the defence of the values that underpin human rights. The Declaration stresses that we all have a role to fulfil as human rights defenders and urges States particularly to protect human rights defenders from harm as a consequence of their work.
However, almost two decades after that historical moment human rights defenders continue to be harassed, tortured, jailed and killed for speaking out against injustice. During the protests against the Dakota Access Pipeline in the USA last year, the security forces used excessive and unnecessary force when arresting members of the Standing Rock Sioux Tribe and other Indigenous communities who oppose its construction.
Over 3,500 human rights defenders have been killed since the Declaration was adopted in 1998 and according to recent figures released by Frontline Defenders, the number of killings in 2016 marked an increase in the number reported in the previous year.
These killings usually occur after threats and warnings. Berta Cáceres, the leading indigenous, environmental and women’s rights defender from Honduras was killed in March 2016 despite enjoying a high national and international profile. In the aftermath of her killing, Honduras was under increased pressure to protect its human rights defenders, nonetheless, in October 2016, José Ángel Flores and Silmer Dionisio George of the Unified Movement of the Aguán were murdered, and currently international organization Global Witness, along with Honduran organizations MILPAH, COPINH and CEHPRODEC are facing a smear campaign against them for their work defending land, territory and environmental rights.
Amnesty International also continues to receive reports of human rights defenders being subjected to unfounded criminal proceedings, arbitrary detention and judicial harassment, which prevents them from speaking up against injustice, delegitimizes their causes and creates a chilling effect on activities that promote human rights. Human rights defender Narges Mohammadi is serving 22 years’ imprisonment after being convicted of national security related charges in Iran. Her conviction stems from her peaceful human rights activities, including her work to end the death penalty and her 2014 meeting with the former European Union (EU) High Representative for Foreign Affairs and Security Policy.
In Egypt civil society has been subjected to an unprecedented crackdown. In 2016, the authorities intensified a criminal inquiry into NGOs’ registration and foreign funding that could lead to criminal prosecution and sentences reaching up to life imprisonment. The authorities have also subjected NGO personnel to interrogation, freezing of personal and organizational assets, preventing leading human rights defenders from foreign travel, arbitrary arrest and detention.
Amnesty International notes with concern that the organisations, networks and methods people rely on to stand up for their communities are also attacked. Unions are threatened. Lawyers and activists in China have been ill- treated and sometimes tortured in detention. In Pakistan, human rights defenders are labeled as ‘foreign-agents’. In Viet Nam, attacks against human rights defenders are common, and include beatings and daily harassment and surveillance.
In other parts of the world, newspapers are closed down. Social media are banned and digital conversations monitored. Taking to the streets to protest is impossible.
In Turkey, against the backdrop of the failed military coup in 2016, unfair criminal prosecutions under criminal defamation and counter-terrorism laws targeted political activists, journalists and other critics of public officials or government policy. Over 180 media outlets have been arbitrarily shut down and 80 journalists remain in pre-trial detention.
States also repeatedly interfere with human rights defenders’ ability to communicate safely and expose human rights violations to regional and international human rights mechanisms, including this Council and its mechanisms. Recently the Special Rapporteur on the situation on the situation of human rights defenders noted, with great concern, the number of human rights defenders that received social media threats simply for meeting with him on his visit to Mexico at the beginning of this year.
In Burundi in January 2017, the Bujumbura Court of Appeal ruled to disbar three lawyers and suspend another. Each had contributed to a civil society report to the UN Committee against Torture prior to its review of the country in July 2016. The permanent closure of five human rights organizations and the suspension of five others was ordered in October 2016 on the allegation that they tarnished the image of the country. One of the suspended organizations was later banned following publication of a controversial report.
……..Amnesty International urges the Human Rights Council to:
- Renew the mandate of the Special Rapporteur on the situation of human rights defenders and cooperate fully with it, including by encouraging swift and comprehensive responses to communications from the Special Rapporteur and acceptance of requests for country visits.
- Reaffirm that protecting human rights is necessary for individuals to live in dignity, and that deepening respect for these fundamental freedoms lays the foundation for stable, safe and just societies;
- Recognize the legitimacy of human rights defenders and applaud the role they play in the advancement of human rights, and urge States to facilitate and publicly support their work;
- Urge States to adopt and implement legislation which recognises and protects human rights defenders;
- Stress the urgent need for all States to establish national protection mechanisms for human rights defenders at risk;
- Urge States effectively to address threats, attacks, harassment and intimidation against human rights defenders, including, where applicable, by thoroughly, promptly and independently investigating human rights violations and abuses against them and bringing alleged perpetrators to justice in fair trials without recourse to the death penalty, and providing effective remedies and adequate reparations to the victims;
- Urge States to ensure that the criminal justice system or civil litigation is not misused to target nor harass human rights defenders;
- Refrain from bringing criminal charges or, other judicial proceedings or taking administrative measures against human rights defenders because of the peaceful exercise of their rights;
- Ensure that those who challenge injustice peacefully are not portrayed as threats to security, development or traditional values;
- Emphasize the fact that human rights defenders who work on gender equality, women’s rights or LGBTIQ rights face particular risk of being subjected to certain forms of violence and other violations that need to be particularly addressed;
- Pay particular attention to other groups who may be at risk, such as those who work for economic, social and cultural rights, defenders who work in the area of business and human rights; in an area exposed to internal conflict or a natural disaster; defenders living in isolated regions or conflict zones; and defenders working on past abuses, such as the families of victims of enforced disappearance;
- Condemn any acts of intimidation or reprisals against human rights defenders who cooperate or seek to cooperate with international human rights mechanism;
- Urge States to cooperate fully with the recently mandated Assistant Secretary-General for Human Rights to prevent, end and redress acts of reprisal and intimidation.
UN High Commissioner for Human Rights under pressure for providing names of human rights defenders
February 10, 2017There has been a slew of accusations coming from the Government Accountability Project (GAP) – a US based whistleblower NGO – against the UN and in particular the Office of the UN High Commissioner for Human Rights. The latest piece by Bea Edwards is entitled “Trouble at UN OHCHR: Investigate the High Commissioner” (9 February 2017). While I am most supportive of the OHCHR and its successive high commissioners including the current incumbent who has been vocal and courageous in taking on powerful adversaries [see: https://humanrightsdefenders.blog/tag/zeid-raad-al-hussein/ and especially https://humanrightsdefenders.blog/2016/09/14/un-high-commissioner-for-human-rights-states-may-shut-my-office-out-but-they-will-not-shut-us-up/], I have to admit that there are some worrying aspects, especially the latest accusation that a senior official “made a habit of providing the Chinese Government with the names of Chinese human rights activists who applied for accreditation to the sessions of the Human Rights Council before they traveled to Geneva“. UN Watch – known for its anti UN bias – took this issue and even linked it to the death of Cao Shunli [https://humanrightsdefenders.blog/tag/cao-shunli/]. The High Commissioner issued on 2 February 2017 a forceful statement entitled “UN rights office categorically rejects claims it endangered NGOs” (see http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21139&LangID=E). In this statement it says that “Chinese authorities, and others, regularly ask the UN Human Rights Office, several days or weeks prior to Human Rights Council meetings, whether particular NGO delegates are attending the forthcoming session. The Office never confirms this information until the accreditation process is formally under way, and until it is sure that there is no obvious security risk.” I give both document below but must say that the UN statement leaves open the possibility that Governments are given the names of those who intend to attend before they have left their country. Read the rest of this entry »
Call for Nominations for the Robert F. Kennedy Human Rights Award 2017
February 8, 2017
2016 Human Rights Award Laureates: Andrea James and Glenn E. Martin (United States)

The Robert F. Kennedy Human Rights Award invites nominations of human rights defenders who are leading efforts to secure dignity for all people, especially those who have demonstrated an ongoing commitment to bringing justice and human rights to the people who need them the most, despite serious personal risk or sacrifice. Robert F. Kennedy Human Rights often forges strategic partnerships with the recipients of the Award and for this reason it is important to nominate someone who could find the support of Robert F. Kennedy Human Rights useful. For last year’s award see: https://humanrightsdefenders.blog/2016/12/14/2016-rfk-human-rights-award-went-to-two-criminal-reform-advocates-in-the-usa/ Read the rest of this entry »
Line-up of speakers for Oslo Freedom Forum 22-24 May 2017 – Zimbabwean speaker detained
February 2, 2017
The New York based Human Rights Foundation has announced the initial speaker lineup for its 2017 Oslo Freedom Forum (OFF), taking place 22-24 May 2017 in Oslo. It includes quite a few well-known human rights defenders [the names are linked to short CVs]: Read the rest of this entry »






