Posts Tagged ‘Human Rights Defenders’

Thailand’s Supreme Court confirms sentence against human rights defender Chiranuch Premchaiporn

January 11, 2016

 

Frontline NEWlogo-2 full version - cropped

reports that on 23 December 2015, the Supreme Court confirmed the 2012 sentencing of human rights defender Ms Chiranuch Premchaiporn to eight months’ imprisonment, suspended for one year, and a fine of 20,000 baht, for failing to delete allegedly offensive comments about the Thai monarchy, which had been posted on the now-defunct Prachatai web forum.

Chiranuch Premchaiporn [https://frontlinedefenders.org/ChiranuchPremchaiporn] is executive director of Prachatai, an independent news website that reports on human rights, social and political issues in Thailand and Southeast Asia. She was the webmaster of the now defunct Prachatai web board which was set up to promote the exchange of information and opinion on Thai political and social issues. Chiranuch Premchaiporn was the recipient of the International Women’s Media Foundation Courage in Journalism Award in May 2011 and the Human Rights Watch Hellman/Hammet Award in September 2011.

The Supreme Court ruling confirmed the verdicts of the Court of Appeals and the Court of First Instance, which were made against the human rights defender in November 2013 and May 2012 respectively. Chiranuch Premchaiporn was convicted under Article 15 of the 2007 Computer Crime Act (CCA) for allowing the alleged offensive comments to remain on the Prachatai web forum for 20 days. Article 15 of the CCA states that any service provider intentionally supporting or consenting to the importation of illegal computer content, as provided for in Article 14 of the CCA, shall be subjected to the same penalty as that imposed upon a person committing an offence under Article 14.

Front Line Defenders expresses concern at the decision of the Supreme Court to confirm the sentence against Chiranuch Premchaiporn, and thus to continue the use of the Computer Crime Act to silence and intimidate human rights defenders in Thailand. Front Line Defenders fears for the potential chilling effect of the decision on the exercise of freedom of expression in Thailand, and the restrictive effect of this on the work of human rights defenders.

 

 

Arab region, behind the violations a glimmer of hope? Qatar regional meeting and a Arab League manual

January 11, 2016
 The Arab region is these days mostly known or its turmoil and attacks on human rights defenders. Still there are some more quiet developments that could over time improve the situation. Here are two of them” (1) a conference in Qatar and (2) a new manual The League of Arab States: Human Rights Standards and MechanismsRead the rest of this entry »

Profile of Stephania Koulaeva, human rights defender in Russia

January 8, 2016

In December 2015 the ISHR published this profile of Russian human rights defender Stephania Koulaeva 

Stephania Koulaeva, a historian by education, explains the ever-expanding scope of her human rights work. Her interest was drawn to the memorial movement in Russia: ‘at first from a historical perspective, then from a human rights perspective.’ As a student, Stephania was involved in anti-fascist and anti-racist groups, primarily focused on the rights of the Roma minority, the most visible minority in Russia at the time. After new waves of migration began from Central Asia in the late nineties, Stephania expanded her work to issues surrounding migration. This then broadened further to include women’s rights, LGBTI rights, and she eventually became involved in the protection of human rights defenders. Her organisation, Anti-Discrimination Centre Memorial (ADC Memorial) is the only organisation in Russia that combats discrimination on such a wide range of issues.

Unfortunately, shrinking space for civil society has consistently been a serious threat within Russia. ‘In the 1990s and early 2000s, neo-nazis attacked and occasionally murdered human rights defenders working on discrimination issues. At that time that was the primary danger; the main danger we face now is political oppression by the Government.’

Over the past few years – particularly since Vladimir Putin’s 2012 return to presidency – the Russian Government has cracked down on NGOs, often by accusing them of being ‘foreign agents’ due to their ‘political activity’. ADC Memorial was forced to choose between officially registering as a ‘foreign agent’ or closing down for submitting a report to the UN Committee against Torture in the lead up to Russia’s 2012 review by that body. As the label of ‘foreign agent’ would greatly restrict the work ADC Memorial was able to carry out, it made the difficult decision of closing the organisation down in 2014. Since then, ADC Memorial has been operating without official Russian registration.

The continued operation of ADC Memorial does not indicate an alleviation in the Government’s harsh approach to civil society, and in November of this year, prominent NGO Memorial Human Rights Centre was targeted in the same manner: ‘They received a letter from the prosecutor stating that they had violated the Constitution of the Russian Federation for fulfilling their work.’ Memorial Human Rights Centre had previously ‘criticised Russian aggression in the Ukraine’ and ‘disagreed with the arrest of certain civil activists’. It is most likely being threatened due to this ‘political action’. ‘This is a very dangerous step for the Government to take. They are now criminalising human rights activity; the situation is rapidly getting worse.’

Stephania has a positive outlook on her previous interactions with the UN, acknowledging that the UN has done their utmost to stop the criminalisation of human rights defenders. ‘We’re very grateful for all the support that we’ve received from various treaty body committees that we’ve worked with; they’ve all recognised the work of civil society and given meaningful recommendations in the framework of their mandate.’ However, the political reality of the UN’s influence is not always as effective. ‘It’s very difficult to oppose Russian politics, even at the level of the United Nations.’ Stephania is now looking outward to bring domestic change to Russia, as anti-discrimination laws now seem ‘unlikely – although pressure on the Government will continue.’ She hopes to find some success in international courts, citing potentially useful precedents at the European Court of Human Rights in cases regarding migrants and stateless people.

‘We can’t simply stay within our borders – it’s impossible to tackle issues solely within Russia without also looking at related issues in neighbouring countries.’

see also: https://thoolen.wordpress.com/2014/02/09/12-human-rights-defenders-who-are-not-on-the-slopes-of-sochi/

Source: Defender profile: Stephania Koulaeva working in Russia | ISHRISHR-logo-colour-high

Human rights defenders Sui Muqing and Huang Liqun in China released

January 7, 2016

On 6 and 7 January 2016, human rights lawyers Mr Sui Muqing and Mr Huang Liqun in China were released from police custody reports Front Line Defenders on 7 January.  The two human rights defenders were detained on 10 July 2015 in the midst of a nationwide crackdown on human rights lawyers [https://thoolen.wordpress.com/2015/07/29/the-remarkable-crackdown-on-lawyers-in-china-in-july-2015/] and placed under ‘residential surveillance at a designated location‘. Article 73 of the Criminal Procedure Law allows for the detention of suspects in state security, terrorism and serious bribery cases for up to six months in undisclosed locations, under the guise of ‘residential surveillance’. The authorities are not obliged to specify the place of detention or notify the suspect’s relatives or legal representative of the reasons for the residential surveillance in cases relating to the three charges, if doing so may “interfere with the investigation”. Neither of the human rights defenders were permitted access to lawyers during their six months’ detention. https://frontlinedefenders.org/node/29112

(Sui Muqing is a Guangzhou-based human rights lawyer who has represented a number of other human rights defenders, including Guo Feixiong, and has suffered harassment, intimidation and travel bans as a result of his work. Huang Liqun is a human rights lawyer with Beijing Fengrui Law Firm, a firm specifically targeted by the authorities in Beijing. Six other lawyers with the firm remain in detention).

Up to 20 other human rights defenders in the July crackdown are still in detention.

 

 

 

 

Latin America, Philippines most dangerous places for Human Rights Defenders

January 6, 2016

The latest statistical report released by Front Line Defenders revealed the appalling reality that human rights defenders all over the world are at great risk to be victims of extreme forms of violence. And based on the organization’s annual report, 157 human rights activists were killed or died in detention in 25 countries in 2015. Latin America, Philippines are named as most dangerous places for Human Rights Defenders. Read the rest of this entry »

Michael Sfardjan: Israel’s Human Rights Activists Aren’t Traitors

January 5, 2016

Read the rest of this entry »

Happy New Year – that 2016 may be a better year for human rights defenders

December 31, 2015

For  a blog on Human Rights Defenders there is no better way to wish all my readers a happy new year than by referring you to the first electronic Newsletter produced by Michel Forst, the UN Special Rapporteur on Human Rights Defenders:

For this first newsletter, he would like to share  three messages with which I whole heartedly agree: 

  1. an alarm call  (as I feel extremely worried about the situation of those who seek to promote and defend our fundamental rights. While I am writing these words, numerous defenders are in danger in Burundi, Bahrain and in many other countries across the globe. In front of States that despise their own international commitments and firms that seem to have profits as a unique goal, the courageous people who take a stand to defend our rights and freedoms need more than ever our protection and recognition.}
  2. message of hope. {It is true that civil society has never seemed so visible and determined. In every meeting I held this year, I could see courageous women and men speaking up and dedicating their lives to fight against injustice and barbarism. Throughout the year, we have witnessed an unprecedented number of attacks and threats and I would like to celebrate once more the action of these countless ordinary people who defend human rights, sometimes at the expenses of their own lives.}
  3. a call to action. {It is in our hands to make human rights defenders’ work more visible to the rest of the society. It is in our hands to prove that promoting and defending rights are essential to democracy and the rule of law. We all have a role to play in protecting rights defenders whether promoting their struggles or giving them our unconditional support.)

I wish you a happy 2016                                                                                                  

Source: Newsletter #1

Profile of Paul Mambrasar: defender of indigenous Papuans

December 28, 2015

OMCT, in its series “10 December – 10 Defenders”, carried the story of Paul Mambrasar from West Papua, the least populous province of Indonesia, where is torture used to crush and silence. Home to the world’s largest gold and third-largest copper mines, West Papua has abundant natural resources including timber and palm oil that make it a coveted region. This has generated continuing conflict and made it one of Asia’s sorest spots in terms of human rights violations. From the 1960s on, Indonesia has maintained heavy military presence, resorting to extrajudicial killings, torture and abuse to crack down on activists in an attempt to crush the Papuan independence movement, whether peaceful or violent, leaving locals deeply resentful and suspicious of the national Government.OMCT-LOGO

Indigenous Papuans marginalized in their homeland, suffer state violence and stigma, while their natural resources are exploited by others and compromise their ancestral way of living. The on-going conflict with separatists merely exacerbates discrimination against Papuans, who have been repressed by decades of institutional racism and Indonesian occupation. This is the vicious cycle of violence that Paul has to deal with in his daily fight for the respect of the human rights. “Torture worsens the distrust West Papuans have in the State which, by failing to uphold the rule of law, merely fuels more separatist sentiments,” sums up Paul, Secretary of the Institute of Human Rights Studies and Advocacy (Elsham), a non-governmental organization defending human rights in Wet Papua.

Paul’s challenging working environment is the result of decades of quasi-institutionalized abuses resulting in many layers of deep-felt and pervasive grievances of West Papuans against the Indonesian Government. He is, however, gradually managing to build networks in his country, also thanks to support from organizations such as OMCT, and gradually drawing attention to the regular violations committed.

Discrimination and marginalization of Papuan have therefore worsened the situation. Government policies have also contributed to the problem. The arrival of migrants, fostered by transmigration programmes, has upset the demographics and social and cultural heritage of the people of West Papua and exacerbated competition over land and resources. Compounded with the socially and environmentally destructive development projects pushed in the region by Indonesia, this has caused widespread social disruption and environmental damage, forcing Papuan tribal groups to relocate, according to researchers from Yale Law School cited by Elsham in a 2003 Sub-Commission on the Promotion and Protection of Human Rights session.

Unreported exactions keep occurring as foreign eyes and independent international observers are barred from West Papua. It is therefore only thanks to the work of local organizations and human rights defenders such as Paul, who runs Elsham’s office in West Papua and attends international advocacy meetings at the Human Rights Council in Geneva communicating regularly with donors, that the world can know what is happening there.

“Impunity has allowed the security force, the police and the army, free access to inflict fear and terror through torture and other physical abuses,” Paul explains his motivation. “In order for torture to end the Indonesia State must take a strong action to punish those involved in its practice.”

Despite these odds and the many challenges of his job including being under Indonesian intelligence surveillance as an “independence sympathizer”, Paul, 51, trusts that the human rights conditions in West Papua will improve.

[When the Dutch Government granted independence to Indonesia in 1949, Papua was not part of it. At the end of the Dutch colonial rule, Papua was first administered, and then absorbed, by Indonesia in 1969, following a sham “referendum” requested by the United Nations. This so‑called “Act of Free Choice” was in fact a vote by just over a thousand selected Papuans (out of a population of 800,000 at the time) who had been pressured to agree to integration within Indonesia. This vote has been the bone of contention between Papuans and the Republic of Indonesian. Papuans have ever since agitated for independence, and have been conducting a still ongoing, low-level guerrilla warfare against Indonesian forces, in turn engaged in bloody repression and unpunished human rights violations. Papuans – who are Melanesian and whose ancestors arrived in the New Guinea region tens of thousands of years ago – do not identify culturally with the Asians. They see their Papuan identity and indigenous culture based on customary subsistence-based agriculture threatened by the arrival of migrants who, in turn, see the traditional Papuan way of life as backward.]

In this context see also the CNN report on the closure of NGO offices: http://freewestpapua.org/2015/12/13/indonesian-government-forces-all-ngos-to-leave-west-papua/

— by Lori Brumat in Geneva

Source: Indonesia: Meet Paul: Restoring the human rights of indigenous Papuans amid on-going conflict / December 10, 2015 / Links / Human rights defenders / OMCT

Nigina Bakhrieva works to end torture in Tajikistan

December 27, 2015

OMCT in its series “10 December, 10 Defenders” focused on Nigina Bakhrieva in Tajikistan. Nigina Bakhrieva’s visceral sense of justice was passed on to by her parents, as she quickly demonstrated by following in the footsteps of her father – a prosecutor – in standing firmly for the rule of law. “It’s what I learned as I child, “ she says. “When I witness human rights abuses, I cannot be indifferent; I take action.OMCT-LOGO

And her career could not have been more ominous. Nigina started law school in Tajikistan, at the doorstep of Taliban-led Afghanistan, at the very outbreak of the bloody civil war that followed the country’s independence, graduating five years later, in 1997, as the war ended, leaving behind a devastated country with some 100,000 people killed and 1.2 million displaced. After teaching law at the Tajik state university, Nigina became a consultant providing capacity-building expertise for various organizations. Moving quickly into human rights, she went to work for the United Nations Tajikistan Office for Peace Building where she reviewed national legislation to make sure it conformed to international human rights standards.

Thus, while still as a budding lawyer and founder of the Bureau on Human Rights and Rule of Law of Tajikistan, Nigina helped to litigate with success Tajikistan’s first-ever human rights case before the United Nations Human Rights Committee – something unheard of in Tajikistan until then. Her work for the abolition of the death penalty in her country led to a moratorium being adopted in 2004.

In 2009, she created Nota Bene, which leads the Anti-Torture Coalition of 17 leading human rights organizations and activists in Tajikistan. The work initially seemed to pay off handsomely: at the beginning of 2014, Tajikistan had pledged to implement international human rights standards both in law and practice. The Government, however, has recently been limiting the scope of action in the country of human rights lawyers and organizations. It has indeed been made mandatory for non-governmental organizations to declare all foreign funding. What is more, limiting access to the legal profession and placing it under the Ministry of Justice has compromised its independence.

It is worrying that it has become nearly impossible to find lawyers in Tajikistan willing to accept to defend torture cases for fear of criminal prosecution,” reported the OMCT in the Observatory for the Protection of Human Rights Defenders on 30 November. http://www.omct.org/human-rights-defenders/urgent-interventions/tajikistan/2015/11/d23494/

As one of the few lawyers who have not given up on combatting the widespread use of torture and other forms of abuse, especially in the armed forces, Nigina is among the key players pushing for full transition of Tajikistan to the rule of law. “The work is hard”, she says. “Each time we re-live with the victims what they went through, and it is horrifying,”

For change to occur, though, the system must work and all actors must do their bit, she explains, detailing every step of the process: individuals must lodge complaints when they are subjected to torture or ill-treatment; the Government must follow a zero-tolerance-for-torture policy; the Prosecutor must respond to every complaint by thorough and effective investigation; courts must punish all those found guilty – not only the direct perpetrators, but also their superiors, who failed to prevent the crime; jail terms should be proportionate to the seriousness of the crime; finally, the Government should compensate all victims of torture.

— by Lori Brumat in Geneva

https://thoolen.wordpress.com/2015/01/13/human-rights-lawyer-kudratov-in-tajikistan-sent-9-years-to-penal-colony/

Source: Tajikistan: Meet Nigina: Towards a functioning system that leaves no room for torture / December 3, 2015 / Links / Human rights defenders / OMCT

Erik-Aimé Semien: human rights defender from Côte d’Ivoire

December 26, 2015

 

Erik-Aimé Semien is a lawyer and human rights defender at Observatoire Ivoirien des Droits de l’Homme, a non-governmental organisation that aims to achieve human rights progress through capacity building and constructive dialogue with the authorities. On 9 July 2015 he talked with the Intern national Service for Human Rights about his work. ‘What we want’, Eric explains, ‘is to make them understand why human rights are important for the progress of our nation’.ISHR-logo-colour-high

Eric was first drawn to human rights when Cote d’Ivoire plunged into civil war in 1999, following a military-led coup d’etat. What followed were ten years of violence and sectarian strife. ‘We are a country coming out of ten years of civil war, but the main problems are not yet solved. It was widespread frustration and a lack of democratic institutions that caused the war; and it is for overcoming frustration and the creation of democratic institutions that we continue to struggle.’

Eric explains that frustration is caused when there is a lack of transparency in government work, when the president favours his regional or ethnic group over others, when there is impunity for war crimes, and when voices critical of the government are excluded from debate.

Take the national TV, a public service paid for by public taxes. If you watch TV in Cote d’Ivoire, you will receive the impression that the perspective of the president of the republic is the only perspective there is. It was the same for the former president. This means that if you disagree with government policy, National TV will no longer interest you, for you will find no expression of your opinion. This begs the question, if you disagree, where can you go? To whom can you speak? The result is frustration. The media outlets need to be open to everybody, to civil society, to the opposition, to everybody.

In addition to advocating for more inclusive democratic institutions, Observatoire Ivoirien des Droits de l’Homme works to combat impunity. The war lasted ten years, but today, not only do many people on the winning side who committed human rights violations walk free, but they also enjoy appointments in the army and the administration.

‘After the war I think we should have a fair and equitable justice. What a victim wants is to see those who committed human rights violations behind bars. We organise victims and take their cases to court. We say to the judge, find out who did this and send them to prison. If they do this, it will release tension. The government recently set up a trust fund that provides financial compensation for victims. This is a positive step. But it needs to be accompanied by a clear message: whoever you are, in whatever position, you are not above the rule of law.’

One of the challenges Eric faces is a lack of awareness in the government of what human rights defenders are and what they do.

‘In Cote d’Ivoire certain authorities don’t have a clear idea of the role of civil society. They think we are causing a disturbance when all we want is the progress of our nation. But I have to admit that the situation is improving. Previously the authorities were closed but now they are much more open. They listen to us more and we are allowed to participate in meetings.’

One remarkable result of this increased openness on the government’s part is the adoption in June 2014 of a law that protects human rights defenders. ‘In the build up to the drafting of this law, we clearly explained why protecting human rights defenders was important. Many human rights NGOs were involved in the process. We had several meetings with parliament representatives and even at the national assembly. We had to explain who human rights defenders were and why protecting them is important. I am proud of Cote d’Ivoire that we have adopted this law, which is the only law of its kind on the African continent.’

The law, although still largely unknown, has already had a positive impact. In 2014 the leaders of a public assembly protesting the high costs of grocery goods were arrested. But the Observatioire Ivoirienne intervened and showed the prosecutor the law. The protesters were subsequently freed. ‘Now, whenever we have a problem with authorities, we can show them this law, and they will see that we are protected. This will make our work much easier and less dangerous. In a democracy, in a rule of law state, the government should engage with civil society. The role of civil society is that of counter balance. We don’t want to antagonise the authorities needlessly nor do we seek power. We would like to see change coming from the inside and genuinely inclusive democratic institutions and not just superficial engagement. I am proud of Cote d’Ivoire for the progress we have made, of which this new law is tangible proof, but we still have some way to go. The frustration that causes war needs to be eliminated for good.

Source: Erik-Aimé Semien: Human rights defender from Côte d’Ivoire | ISHR