Hans Thoolen on Human Rights Defenders and their awards

Governments are becoming increasingly ‘sophisticated’ in their repression of human rights defenders. Probably as a result of the remarkable worldwide acceptance of human rights as a universal set of standards, Governments that want to continue to suppress criticism are resorting to more and more indirect methods of repression.

The basic universality of human rights is nowadays accepted by the quasi-totality of mankind.  In the words of Normand and Zaidi, ‘the speed by which human rights has penetrated every corner of the globe is astounding. Compared to human rights, no other system of universal values spread so fast’. This has not stopped a small number of governments (e.g. Iran, Zimbabwe, North Korea) to continue to oppose the idea and depict human rights as a ‘western’ or ‘foreign’ product, alien to their culture. But the big majority seems to have accepted that there is a crucial distinction between the universality of human rights and its universalisation (or universal application). The first is the moral and legal principle that a core of human rights exists and applies to every person in the world irrespective of his or her culture, country, etc.  The second is the process by which these universal standards become a reality. Here one cannot make the same optimistic observation about the speed by which human rights are spreading, but this is not only due to the ever-present gap between rhetoric and reality. The international system itself allows for differing interpretations by giving a margin of appreciation at the regional and national level and by permitting States to make reservations to international agreements. The big question is then, to what extent local cultural, legal and religious practices can be accommodated by the international system without losing its coherence.

In this context one sees increasingly that Governments use ‘tricks’ or at least more roundabout ways to tackle those they want to silence. Recent examples are the disbarment of lawyer Intigam Aliyev in Azerbijan (continuing legal work without license), financial fraud charges against Ales Bialiatski in Belarus (NGO refused recognition, therefore no bank account in Belarus, thus acceptance of grants in neighboring countries illegal), withdrawal of recognition of the Bahrain Center for Human Rights. Now Amnesty International has come with a report on Ethiopia ‘Stifling human rights work: The impact of civil society legislation in Ethiopia’ (PDF).  It describes in detail how the 2009 Charities and Societies Proclamation imposes heavy restrictions on human rights groups operating in the east African country, and allows for excessive government interference. The result is that Ethiopians have less access to independent human rights assistance. Amnesty International’s Deputy Africa Director Michelle Kagari said: ‘Rather than creating an enabling environment for human rights defenders to work in, the government has implemented a law which has crippled human rights work in Ethiopia. The space to make legitimate criticism is more restricted than ever.’ Human rights defenders risk imprisonment if they violate vaguely defined provisions within the 2009 law, making them afraid to speak out, and often resort to self-censorship, in order to avoid repercussions.

There are surely many other examples and it goes to show that those of us who want to assist HRDs in their work have to become also more sophisticated and cut through the maze of legalistic and bureaucratic measures to unearth the truth about the situation of HRDs. We have our work cut out!

Related articles

• Ethiopia: Human rights work crippled by restrictive law (ethioandinet.wordpress.com)