Posts Tagged ‘Human Rights Defenders’

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Funders should help HRDs to withstand legal onslaughts by corporations

July 7, 2017

Otto Saki of the Ford Foundation contributed a piece  “How companies are using law suits to silence environmental activists—and how philanthropy can help”. On 30 June 2017, the Business and Human Rights Resource Centre provided the following summary:

…While extrajudicial killings…[of human rights defenders] attract immediate condemnation, corporate interests are using other, less obviously violent means to undermine the important work of these activists: Strategic Lawsuits Against Public Participation (SLAPPs) are used to intimidate, harass, and silence activists who are working to expose corporate injustices and human rights violations. As intended, such lawsuits have a clear chilling effect on activism, silencing critical voices and stifling accountability…

…While there are strong laws aimed at protecting people’s rights, those laws too often fail to be applied. At the same time, big businesses have amassed great power and influence; they are armed literally and figuratively with high-value law firms, auditors, security experts, and investigators to defend their interests. Facing that kind of arsenal, it is difficult for individuals and organizations to fight back.

The use of SLAPP suits in South Africa is becoming a trend…

…South Africa needs to revise court procedures to make it easier for judges to scrutinize frivolous lawsuits without dragging the defendants into court. Second, civil society must recognize that SLAPP lawsuits are not isolated, but are part of a broad and purposeful strategy to distract and disable environmental activists and empower corporate interests.

…As philanthropy considers how to best support and build resilience for social justice activists and institutions, it is critical to consider their ability to withstand this kind of legal pressure…As funders, we need to have open conversations with our grantees about how they can be prepared before a crisis erupts…

Read the full post here

Source: Commentary: Philanthropy should consider how best to support human rights defenders when companies use lawsuits to silence them | Business & Human Rights Resource Centre

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Fascinating insight: local community can be the leading violators of rights of HRDs

July 6, 2017

Local community leading violators of rights of HRDs

We all assume that the biggest threat to human rights defenders comes from the State or similarly powerful actors. Now a report by the Human Rights Centre Uganda (led by former UN Rapporteur Margaret Sekaggya, pictured above) shows that it can be the local community that is the leading violator of the rights of HRDs. Juliet Kigongo of KFM, reports on 16 June 2017 that – at least in Uganda – 28% of complaints recorded were about members of the community, against 17% about government officials and 16% about politicians. The study was carried out in nine districts of Kasese, Mbarara, Lira, Soroti, Gulu, Mbale, Hoima and Kampala with Arua being the most affected.

[The report compiled by the Human Rights Centre Uganda also raises the red flag over the slow investigations of cases of violations against rights defenders, warning that the “slow pace of investigation could be seen as condoning attacks on Human Rights Defenders. While launching the report Margaret Sekaggya, the center’s Executive Director appealed to parliament to review existing laws that impede the work of human rights defenders and ensure that the legislative framework reflects provisions of the constitution and Uganda’s international commitments to ensure a safe and conducive environment.]
That the danger comes from all sides is clear, see e.g. https://humanrightsdefenders.blog/2017/06/30/uganda-killing-of-human-rights-defender-erasmus-irumba-by-security-forces/, but I really wonder what the situation is in other countries and whether other such studies have been carried out.

Source: Local community leading violators of rights of HRDs | KFM

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Norwegian Human Rights Fund and its 2017 summer newsletter

July 5, 2017

The Norwegian Human Rights Fund (NHRF) has just published its 2017 summer newsletter which contains interesting items. Here some highlights: Read the rest of this entry »

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Cambodian ‘ADHOC 5’ Human Rights Defenders surprisingly freed…for the time being

June 30, 2017
 Lim Mony (first from left), Nay Vanda (third from left), Ny Sokha (fourth from right), and Yi Sokan (first from right) speak to the media in Phnom Penh after their release from pre-trial detention, June 29, 2017.
Lim Mony (first from left), Nay Vanda (third from left), Ny Sokha (fourth from right), and Yi Sokan (first from right) speak to the media in Phnom Penh after their release from pre-trial detention, June 29, 2017.  RFA
Many media outlets [here Radio Free Asia] and social media reported on the conditional release of the ‘ADHOC5′ (https://humanrightsdefenders.blog/2017/04/29/the-adhoc-five-in-cambodia-continue-to-linger-in-shameful-pre-trial-detention-for-more-than-a-year). On 29 June 2017, Phnom Penh Municipal Court Judge Theam Chan Piseth concluded his investigation and issued a court order to send their case to trial, conditionally freeing the five from detention and placing them under court supervision. According to the ruling, the five cannot change their residence or leave the country without court permission and must answer to any court summons. Following their release, the former detainees traveled to a nearby temple, where a Buddhist monk performed a cleansing ceremony to “wash away all evil.” The four active ADHOC officials then gathered at their organization’s office for an hour before returning to their homes.

[ADHOC officials Lim Mony, Ny Sokha, Yi Soksan, and Nay Vanda, and National Election Committee (NEC) deputy secretary-general Ny Chakrya, had been held for 427 days amid a wide-ranging probe into a purported affair by opposition Cambodia National Rescue Party (CNRP) president Kem Sokha. Authorities have charged the ADHOC officials with bribery and the NEC official—who is also a former ADHOC official—with accessory to bribery for attempting to keep Kem Sokha’s alleged mistress quiet. The five are collectively known as the “ADHOC 5.”]

Ny Chakra’s lawyer Som Sokong told RFA’s Khmer Service that he welcomed the provisional release of the ADHOC 5, but said the court should have thrown out their cases. “We are not satisfied with the court for not dropping all charges against them,” he said. “This release was done through a closing order by the investigating judge, who has forwarded the case to trial while releasing the charged persons provisionally. Their provisional detention has never been justified, which means it was a violation of their rights.”

Speaking to RFA after his release, Ny Sokha said that despite the hardships of his time in prison, he was encouraged by the support he and the other four detainees received from the local and international community, adding that he is committed to continue campaigning for human rights. “Even as a human rights defender, I was still badly mistreated, so I cannot imagine how ordinary people would have been treated,” he said.

Nay Vanda thanked the media for its coverage of his case, as well as NGOs and local supporters for pushing for the release of the ADHOC 5, while Ny Chakra pledged to return to his work at the NEC as soon as possible.

cambodia-yi-sokan-and-wife-june-2017-400.jpg
Yi Sokan embraces his daughter in Phnom Penh after his release from prison, June 29, 2017. Credit: RFA

ADHOC director Thun Saray, who fled to Canada last fall amid the charges against his four colleagues, told RFA he was pleased to learn that they had been released, but added that a provisional release was not enough to bring them and Ny Chakra justice. “I’m afraid they will be imprisoned again if their activities upset their arrestors.”

In response to an April court ruling to extend the pre-trial detention of the ADHOC 5, the United Nations Human Rights Office of the High Commissioner (OHCHR) called for Cambodian Prime Minister Hun Sen’s government to “release without delay” the five rights defenders, while the U.N. Working Group on Arbitrary Detention recommended last November that they be freed. On April 26, the detainees were collectively named as a finalist for the 2017 Martin Ennals Award https://humanrightsdefenders.blog/2017/04/26/breaking-news-three-human-rights-defenders-selected-as-finalists-for-the-2017-martin-ennals-award/.

Source: Cambodia Court Conditionally Frees ADHOC 5 Rights Activists

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Save the date: 2017 Rafto Prize ceremony on 5 November

June 28, 2017

Image from last year’s 30th Annviersary Ceremony in Bergen with 18 Rafto Prize Laureates taking part in the celebration.

The 2017 Rafto Prize is given every year since 1987 in Bergen Norway. It is a major award with many outstanding human rights defenders among its laureates. Last year I attended the anniversary event and was deeply impressed by the quality of the event and the commitment of the population of Bergen. So if you were planning to go in the nordic direction, make 5 November the date you are in Bergen. Venue: Den Nationale Scene, Bergen, start at 18h00. The Ceremony will feature honoring of the 2017 Rafto Laureate, as well as artistic performances with local and national artists. Torchlight procession shortly after the ceremony

Announcement of the winner of the 2017 Rafto Prize will be on 28 September at 10.00 AM. The announcement will be broadcasted on rafto.no and in social media: @RaftoFoundation #rafto1.

For last year’s award see:https://humanrightsdefenders.blog/2016/10/01/iraqi-human-rights-defender-yanar-mohammed-laureate-of-2016-rafto-prize/ 

The day before the ceremony, on 4 November at 11:00, there will a public conference with topics related to the 2017 prize. Free entrance at Universitetsaulaen.

Event registration at rafto.no, opens shortly after the announcement on 28 September

http://mailchi.mp/rafto/raftoprisen-2017-rets-arrangementer-1158253?e=09975c365f

 

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Reprisals at the UN: more calls for action – no action

June 23, 2017
“The UN and States must take visible and sustained action against acts of intimidation and reprisal against those engaging or seeking to engage with the UN“, says the International Service for Human Rights (ISHR) in two reports issued on 22 June 2017.  Unfortunately, the NGO community (the main victims of the practice of reprisals) finds it difficult to come up with new ideas on how counter the trend while States continue to block the participation and input by human rights defenders. [ see: https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/and https://humanrightsdefenders.blog/tag/reprisals/]

ISHR’s latest report to the UN Secretary-General demonstrates again the need for the UN and States to act to prevent and ensure accountability for intimidation and reprisals against those cooperating or seeking to cooperate with the UN, and lays out a series of recommendations in that regard. The report documents a disturbing pattern of reprisals against human rights defenders seeking to cooperate with the UN. It includes alleged cases of travel bans in Bahrain in the context of the Universal Period Review this May; disappearances and detention of defenders and lawyers, as well as intimidation of their families in China; and restrictions imposed on NGOs in Egypt.The report welcomes recent positive steps such as the appointment of Assistant Secretary General Andrew Gilmour as the first high-level official on reprisals against those cooperating with the UN on human rights, but highlights that more needs to be done. ‘In the overwhelming majority of cases, steps taken by the State to prevent, investigate or ensure accountability for reprisals have been inadequate or non-existent, and in many States there has been a high-level of impunity’ said ISHR’s Programme Coordinator and Legal Counsel, Tess McEvoy. [see also: https://humanrightsdefenders.blog/2016/10/05/assistant-secretary-general-andrew-gilmour-appointed-as-the-uns-focal-point-to-combat-reprisals-against-human-rights-defenders/]

The primary duty to prevent and remedy reprisals lies with States. However the UN itself also has a duty to step up. ‘Where States fail to adequately investigate and ensure accountability in relation to credible allegations of intimidation and reprisals, the UN should ensure an international, independent investigation into the case‘, said McEvoy. In the report ISHR called on UN bodies to take a more proactive role in combating reprisals and intimidation, and among other things, urged:

  • The Human Rights Council President and Bureau to clearly outlines steps the Council will take on receipt of information about credible risks of reprisals.
  • Treaty bodies to fully adopt and implement the San Jose guidelines.
  • The Assistant Secretary-General to ensure that rights holders and victims are kept regularly appraised of the status of their case.

     

    On the same day ISHR published a statement to the 35th session of the Human Rights Council, ISHR calling for a stronger focus on the implementation of Universal Periodic Review recommendations and the development of processes to ensure civil society can freely engage without fear of intimidation and reprisal. ‘Civil society is not only necessary for developing recommendations, but is essential for the working towards the implementation of these recommendations. The role of civil society must therefore be protected and enhanced’, said ISHR.

    While recommendations received are often accepted at ‘Geneva level’, implementation of these recommendations on the ground remains patchy. Item 6 on the agenda of the UN Human Rights Council provides a opportunity for dialogue on implementation.

    Alleged cases of intimidation and reprisals of human rights defenders engaging or seeking to engage in the UPR have escalated. ISHR received reports of cases in Egypt, India and Venezuela in the past year. Ongoing reprisals in Bahrain  are particularly concerning, including the imposition of travel bans on 27 defenders during the 27th UPR pre-session – including Sayed Hadi Al Musawi – as well as the interrogation of Abtisam Alsayegh in relation to her UN engagement. ISHR’s statement reiterated calls for States to ask advance questions, and make recommendations about the prevention, investigation, prosecution and remediation of reprisals.

    ‘Reprisals against human rights defenders for their engagement with the UPR remain worryingly prevalent,’ said McEvoy. Given civil socity’s fundamental role in the UPR, we call on the President, Bureau and Secretariat to establish an institutionalised reprisals mechanism to prevent, investigate, remedy and promote accountability for reprisals associated with the UPR’, McEvoy continued. These calls form part of ISHR’s broader strategy to strengthen the UPR  which can be accessed here. Contact: Tess McEvoy, Programme Coordinator and Legal Counsel, and focal point for ISHR’s UPR advocacy, on: t.mcevoy@ishr.ch.

    http://www.ishr.ch/news/report-sg-un-and-states-must-do-more-prevent-and-ensure-accountability-reprisals-0

    http://www.ishr.ch/news/hrc35-universal-periodic-review-meaningless-without-safe-engagement-civil-society

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Greece prevents EU criticism of human rights in China

June 20, 2017

NICK CUMMING-BRUCE and SOMINI SENGUPTA in the New York Times of 19 June 19, 2017 report that “In Greece, China Finds an Ally Against Human Rights Criticism“. Being a resident of Greece, it is indeed disheartening to see this reported. The NUT piece stated that “China has long won diplomatic allies in the world’s poor countries by helping them build expensive roads and ports. Now, it appears to have similarly won over a needy country in Europe.”

The European Union – when criticizing countries by name in the UN Human Rights Council – does so with unanimity. It was the first time that the European Union did not make a statement in the Human Rights Council regarding rights violations in specific countries, including China as it was blocked by one of its member countries: Greece! A spokesman for the Greek Foreign Ministry in Athens called it “unproductive criticism.” The NYT reports that a spokesman for the Greek Foreign Ministry (who requested anonymity) said in a telephone interview:  “When the stability of a country is at stake, we need to be more constructive in the way we express our criticism” …“because if the country collapses, there will be no human rights to protect.” It was an odd explanation, commented the NYT, considering that China’s stability does not appear to be at risk. Unless the stability at stake was referring to Greece?!

In its struggle for economic recovery, Greece is indeed increasingly courting Chinese trade and investment. China’s largest shipping company, known as China COSCO Shipping, bought a majority stake last year in the Greek port of Piraeus. The Greek prime minister, Alexis Tsipras, has visited China twice in two years. And China will be the “country of honor” at Greece’s annual international business fair in September in the port of Thessaloniki.

In the previous Human Rights Council session in March, the European Union statement pointed to China’s detention of lawyers and human rights defenders [see e.g. https://humanrightsdefenders.blog/2016/01/19/letter-from-legal-experts-on-detained-lawyers-in-china/]. Human Rights Watch said it was “shameful that Greece sought to hold the E.U. hostage to prevent much-needed attention to China’s human rights crackdown.”

 

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Maria Torres from Peru about ISHR’s Human Rights Defenders Advocacy Programme.

June 19, 2017

“Hi, my name is Maria Torres. I come from Peru and I work as a lawyer for the International Institute on Law and Society. I became a lawyer because I wanted to fight against injustice. As a student, I travelled to the Amazon and I saw how indigenous people were suffering violations of their most basic human rights; and there was a lot of indifference from civil society. At that moment, I decided that I wanted to dedicate my life to this cause. It was really important that one of us in my organisation learns about UN mechanisms and that’s why I came to Geneva to attend ISHR’s training.”

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Teaser on the Digest of Human Rights Awards

June 16, 2017

 

For those who are confused by the large number and variety of human rights awards…..there is hope….soon

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Justice and Peace NL increasingly active for human rights defenders

June 8, 2017

The Hague Training Course on Security
https://en.justiceandpeace.nl/agenda/the-hague-training-course-on-security-3
From 21 June to 30 June 2017, Justice and Peace Netherlands organises the 7th edition of the ‘The Hague Training Course on Human Rights Defenders and Security’ (THTC).[see https://humanrightsdefenders.blog/2015/03/30/2nd-the-hague-training-course-for-human-rights-defenders-security-now-open-for-application/ and also https://humanrightsdefenders.blog/2016/12/02/the-hague-defenders-days-from-5-to-10-december-2016/]

Shelter City, Call for applications
https://sheltercity.nl/new-call-for-shelter-city/
Justice and Peace is launching a new call for Human Rights Defenders to participate in the Shelter City Initiative. <http://en.justiceandpeace.nl/human-rights-defenders-and-security/shelter-city-initiative> The Shelter City Initiative offers human rights defenders a possibility for rest and respite by letting them escape temporarily from a threatening situation. Shelter City offer a safe space to human rights defenders at a moment where they are particularly vulnerable and their security can no longer be guaranteed at home.  Meant for human rights defenders who might be helped with a short relocation programme, because they are threatened or under intense pressure due to their work.

Applicants must fulfil the following conditions:

  1. The applicant must be a human rights defender (HRD) in the broad sense of the word (lawyers, members of NGOs, poets or artists can all apply, as long as their work promotes Human Rights or he/she fights against human rights violations)
  2. The HRD is threatened or otherwise under intense pressure and can be helped by a short period of time abroad
  3. The HRD should be able and willing to return to the country of origin after 3 months
  4. The HRD should be willing to speak out in public and speak basic English (limited spots are available for French or Spanish speaking HRDs)
  5. The HRD should be willing/able to come alone
  6. The HRD has to be willing to come to the Netherlands around September 2017

Note that additional factors will be taken into consideration in the final round of selection, such as the added value of a stay in The Netherlands (giving priority to those working at grass-roots level), the possibility for the HRD to make use of the new contacts and knowledge after they return, and gender and geographical balance. HRDs who are already relocated in a third country will only be accepted under exceptional circumstances.

To apply or submit the application of a human rights defender, please e-mail sheltercity@justiceandpeace.nl. You will then receive an application form. Application forms must be returned before 25 June 2017. An independent commission will select the participants. Note that the selected human rights defenders will not be automatically allowed into the shelter programme as Justice and Peace is not in control of issuing the required visas to enter The Netherlands. For more information, please contact us at sheltercity@justiceandpeace.nl.

Campaign: Are we all human rights defenders? Join us
https://en.justiceandpeace.nl/news/are-we-all-human-rights-defenders
Every individual can make a change. No matter your age, gender, beliefs, education, profession, social situation or background. It doesn’t matter at what scale. You are a potential change maker, willing to help others. We are all human rights defenders.

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