Posts Tagged ‘Human Rights Defenders’

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Soltan Achilova – finalist MEA 2021 – denied travel to Geneva Human Rights Week

November 21, 2023

On 21 November, 2023 the Martin Ennals Foundation, joined by HRW and the ISHR, issued the following statement:

The Martin Ennals Foundation condemns the harassment of Soltan Achilova and her daughter by government authorities at Ashgabat airport and calls for Turkmen authorities to stop their reprisals against journalists for their human rights work.

In the early hours of November 18th, 2023, Mrs. Soltan Achilova and her daughter were stopped by Turkmen government officials from boarding their flight for Switzerland. A customs official took their passports, wet them with a damp rag and declared the passports to be ruined, effectively obstructing Soltan from traveling to Geneva where she would feature as a keynote speaker at the University of Geneva’s Human Rights Week 2023.

This act of harassment and denial of freedom of movement is particularly reprehensible in that it comes only a few days after Turkmenistan’s 4th Universal Periodic Review, during which high-level government representatives expressed their “support for …the promotion and protection of fundamental freedoms and human rights“, giving multiple examples of their progress in terms of respect for freedom of expression.

Soltan Achilova believes she was not allowed to leave the country because of the authorities’ fear that negative information might be heard during the Human Rights week in Geneva. Yet, the obstruction from travel of an internationally recognized human rights defender is more striking evidence of the lack of freedoms in the country and the bad faith with which the Turkmenistan government engages with the Human Rights Council.  

Turkmenistan is one of the most repressive and isolated countries in the world, ranking 176th out of 180 countries in terms of press freedom and working conditions for journalists. Soltan has been reporting about her country for more than a decade. Her pictures of daily life are one of the few sources of documentation of human rights violations occurring in this most secretive nation. In 2021, Soltan was recognized by the Martin Ennals Award for her documentation of land grabs and forced evictions of ordinary citizens in Ashgabat.

Soltan has not been allowed to travel freely outside of her country on several occasions. She is under constant surveillance by Turkmen authorities and has suffered numerous incidents of harassment, intimidation, and threats. Despite the challenges, Soltan persists in her human rights work, regularly sending information and pictures  outside of the country so that government authorities are held to account.

We renew calls for Turkmenistan to fully implement their human rights obligations, including, inter alia, allowing human rights defenders and journalists to conduct their work peacefully. We invite Member States accompanying the 4th Universal Periodic Review of Turkmenistan to strongly sanction the silencing of Soltan Achilova and other Turkmen journalists.

For more on Soltan: https://youtu.be/7xkSvMXaZUU?si=JhWOrMxs4yQQ2wz8

Soltan Achilova MEA2021 denied travel to Geneva Human Rights Week

https://www.hrw.org/news/2023/11/21/turkmenistan-journalist-prevented-travelling-abroad

https://www.frontlinedefenders.org/en/statement-report/turkmenistan-whrd-soltan-achilova-denied-travel-geneva-human-rights-week

https://www.rferl.org/a/turkmenistan-achilova-stopped-flying-europe/32692666.html

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Notre Dame law professor Diane Desierto about Human Rights Defenders

November 20, 2023

Law professor Diane Desierto advocates for dignity and justice, and for her students to do the same

When Nobel laureate Maria Ressa was arrested for cyberlibel, she wasn’t shaken. In a two-year period, the Filipino American journalist, Time magazine Person of the Year, Fulbright scholar, and author of How to Stand Up to a Dictator had racked up 10 arrest warrants, plus a barrage of online hate, for her role as founder of Rappler, an independent news site known for its criticisms of authoritarian president Rodrigo Duterte. The claims ranged from fraud to tax evasion to ties with the Central Intelligence Agency, all of which were eventually dismissed.

Nobel laureate Maria Ressa.
Ressa offers the 2021 Nobel Peace Prize lecture in Oslo, Norway.

But when her cyber libel conviction, the first of its kind in the Philippines and which carries a seven-year jail sentence, reached the country’s Supreme Court, she needed help. That help came in the form of Notre Dame law professor Diane Desierto.

Desierto is the faculty director of the LL.M. in International Human Rights Law and founding director of the Law School’s new Global Human Rights Clinic. While teaching and publishing, she also serves as a member of a United Nations working group, faculty at the Hague Academy of International Law, and international counsel at the Permanent Court of Arbitration, the UN Human Rights Committee, the International Criminal Court, the International Court of Justice, and the Philippine Supreme Court. She’s tangled with threats, attacks, and authoritarian governments, primarily in the Philippines and other Southeast Asian countries, as well as China, where she was detained twice.

Though Ressa already had a powerhouse legal team, she asked Desierto to represent her at the Philippine Supreme Court.

“I chose Diane to represent me because she had the courage to stand up. She understood the risks,” Ressa says, noting that these days lawyers are even more likely to be harassed or killed than journalists. “Yet she also understood both, from a Filipino perspective, the ties that bind and the way the law can be used to protect us.”

Desierto 1600
Professor Diane Desierto says human rights lawyers from around the world are welcome at Notre Dame.

She smiles and says, “And she’s never lost a case.”

In a matter of days, Desierto had filed an appeal, on top of her international commitments and teaching load. But her motivation was simple: “This is the right thing to do.” She adds, “We’re the place that wants to do the right thing.”

“Human rights lawyers generally experience a range of threats. It’s not just physical threats and death threats and actual killings, but also the delegitimization of the work that they do. And that includes being discredited publicly. That includes having all forms of coercion being placed on your family. So some of the threats that I’ve dealt with have not just been physical threats to my person or detention, but have also included threats to my family’s law firm, have also included arrests and detentions and all manner of harassment and intimidation. But that’s just the tip of the iceberg that most human rights lawyers face today.” Desierto says

Desierto notes that according to recent studies, 72 percent of the world’s population live under authoritarian rule. Additionally, during the COVID pandemic, emergency regimes were set up, during which time 3,000 human rights lawyers were killed globally. That’s already a high number, but Desierto underscores the ripples of what 3,000 people could have done.

“We are trusted by a lot of places around the world where human rights defenders are under siege,” Desierto says. “They have sanctuary here, and they can grow with a community here, and they can be supported with this community.” Roqia Samim has experienced that support firsthand. Samim is a human rights lawyer from Afghanistan and a 2022 graduate from the LL.M. program.

A photo of Roquia Samim

“Notre Dame Law School and the LL.M. Program for International Human Rights Law became my home and became my shelter.”—Roqia Samim ’22 LL.M.

“Unfortunately, when I came to Notre Dame, at the same time that I arrived here, I lost my home and my country,” Samim says, citing the 2021 Taliban takeover. She adds that given her background in human rights and her advocacy for women’s rights, she fears detention, disappearance, or murder if she were to return home. “It was really hard for me to accept that there is no home for me to go back to from Notre Dame; there is no place for me to go back and work for human rights. But Notre Dame Law School and the LL.M. Program for International Human Rights Law became my home and became my shelter. They supported me here to continue my work for human rights in my country from here.”

Samim remains committed to research human rights issues and violations in Afghanistan as a senior research associate in the Law School. In that role she co-authored a piece titled “Afghan Women’s Rights as the Taliban’s Bargaining Tool for International Recognition,” which was featured by the United Nations Special Rapporteur on Human Rights Defenders. In the piece, she and co-author Tahmina Sobat ’20 LL.M. detail violations and oppression such as banning women from working or attending secondary school or university, and imposing dress codes and gender segregation rules.

“With this opportunity I can document all those human rights abuses and violations by the Taliban in Afghanistan, and provide evidence and reports to the international organizations, including United Nations, to have serious attention for these ongoing violations in my country.”

Research aside, being part of a robust, diverse, and historic community has given her confidence and a sense of belonging, she says.

“Since I came to Notre Dame, and since I attended this program, I don’t feel that I’m alone anymore. I see my work as a strong commitment to serve humanity and human beings to access their basic rights and dignity,” she says. “There are many people like me, fighting for human rights around the world. I saw that, and I learned that, here in this program. Working with a diverse group of people, a diverse group of human rights lawyers from different countries, I realized that gave me more motivation to work harder for human rights and realized that I’m not alone in this fight.”

Desierto wants that message sent to lawyers around the globe. You are not alone. You are welcome here. We at Notre Dame can and will support you.

“We have something really great here,” Desierto says. “I want to let human rights defenders know anywhere in the world that this is legitimately the one place where no topic is censored. Where no issue is ever immune from discussion. This is one place that has genuine freedom to do all of it and be all of it. Where we strive to realize the human rights outcome.”

Desierto is living that mission. While teaching and zig-zagging across the globe, she is handling Maria Ressa’s final petition and preparing for oral arguments at the Supreme Court of the Philippines.

She and Ressa await a decision, as do thousands of journalists, and hundreds of Notre Dame LL.M. alumni who also fight for human rights, all across the globe.

Desierto Ressa 1600
Desierto and Ressa await a decision for their appeal to the Philippines’ Supreme Court. 

https://fightingfor.nd.edu/2023/fighting-to-defend-human-rights/

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Defamation indictment for Fatia Maulidiyanti and Haris Azhar, two human rights defenders in Indonesia

November 14, 2023

Responding to the indictment of two prominent human rights defenders, Fatia Maulidiyanti and Haris Azhar, Amnesty International Indonesia’s Executive Director Usman Hamid said on 13 November 2023:

“This disgraceful indictment will have a destructive effect on the work of human rights defenders in Indonesia. Instead of protecting the right to freedom of expression, the Indonesian authorities are obliterating civic space. These alarming indictments illustrate the increasing oppression faced by activists who express dissenting opinions. We urge the Indonesian authorities to immediately release Fatia Maulidiyanti and Haris Azhar. The right to freedom of expression must be respected and guaranteed.” See also: https://humanrightsdefenders.blog/2021/10/15/indonesia-human-rights-defenders-under-pressure/

The prosecutor demanded that Fatia should be imprisoned for three years and six months, and Haris for four years. They were deemed guilty after being sued by the Coordinating Minister for Maritime Affairs and Investment, Luhut Binsar Pandjaitan. The minister filed a defamation case against Fatia and Haris in September 2021. Both were charged by the police on 17 March 2022 with defamation under Article 27 section (3) of the Electronic Information and Transactions (EIT) Law. Amnesty International Indonesia has voiced concerns related to problematic provisions in Indonesian EIT Law, including this provision.

The police investigation relates to a YouTube video of a conversation between the two human rights defenders where they discussed the findings of a report on the alleged involvement of several military figures in the mining industry.

Amnesty International Indonesia has recorded that at least 1,021 human rights defenders were prosecuted, arrested, attacked and intimidated by various actors from January 2019 to December 2022. Meanwhile, there are at least 332 people that have been charged under the EIT Law, most of them accused of defamation, between January 2019 and May 2022.

https://www.amnestyusa.org/press-releases/alarming-defamation-indictment-for-two-human-rights-defenders-in-indonesia/

Others also came out in support:

https://www.frontlinedefenders.org/en/statement-report/solidarity-human-rights-defenders-fatia-maulidiyanti-and-haris-azhar

But then on 8 January 2024 comes the good news: https://www.straitstimes.com/asia/se-asia/two-activists-cleared-of-defaming-indonesian-senior-cabinet-minister-luhut-pandjaitan

And on 21 March 2024: https://www.ucanews.com/news/indonesian-court-scraps-defamation-laws/104540

https://forum-asia.org/?p=38920

https://forum-asia.org/?p=38862

Also worth reading on this topic: https://www.icj.org/indonesia-criminalization-of-disinformation-threatens-freedom-of-expression/

[Stories] An interview with human rights defenders Fatia Maulidiyanti and Haris Azhar on their monumental victory against repressive laws

Posted in AI, Amnesty international, FIDH, Human Rights Defenders | 1 Comment »
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Senator Leila de Lima finally granted bail

November 13, 2023

In response to the news that the court granted former Philippine Senator Leila de Lima bail for the third and last drug-related charge against her, Butch Olano, Amnesty International’s Philippines Director, said: “This is a welcome development and a step towards justice.

Leila has been detained for nearly seven years during which she was subjected to verbal and physical attacks. Evidence, including various witnesses retracting their statements implicating her in the illegal drug trade, shows that the charges were fabricated. See: https://humanrightsdefenders.blog/2023/05/25/acquittal-of-de-lima-and-other-human-rights-defenders-in-the-philippines

As a human rights activist and former Senator, she has been one of the staunchest critics of the human rights violations under the administration of former President Rodrigo Duterte. Since her arrest, Amnesty alongside many other organisations have repeatedly said that the charges against her were fabricated and that the testimonies by witnesses against her were manufactured. See: https://www.trueheroesfilms.org/thedigest/laureates/35cd51c0-93fb-11e8-b157-db4feecb7a6f

The authorities arrested de Lima after she sought to investigate violations committed in the context of the so-called “war on drugs” under the former Duterte administration, including the extrajudicial execution of thousands of people suspected of using or selling drugs, which Amnesty has said may amount to crimes against humanity. As in the case of de Lima, there has been almost no justice or accountability for the victims of these abuses and their families.

Court proceedings against de Lima in the last six years have been marked by undue delays, including the repeated failure of prosecution witnesses to appear in court and changes in judges handling the cases against her. In 2018, the UN Working Group on Arbitrary Detention concluded that the detention of de Lima was arbitrary because of the lack of legal basis and the non-observance of international norms relating to the right to a fair trial.

The arbitrary detention of de Lima reflects the broader context of increasing impunity for human rights violations in the Philippines. These violations include killings, threats and harassment of political activists, human rights defenders, members of the media and other targeted groups.

https://www.philstar.com/headlines/2023/11/13/2311201/de-lima-walks-free-rights-defenders-declare-times-accusers-jailers

https://www.amnesty.org.uk/press-releases/philippines-granting-leila-de-lima-bail-step-towards-justice

https://www.philstar.com/headlines/2023/11/15/2311553/international-community-welcomes-de-limas-release-jail

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HRW submission to Special Rapporteur focuses on child and youth human rights defenders

November 13, 2023

Human Rights Watch’ submission discusses the risks climate activists have faced in Australia, India, and Uganda. It focuses on examples of activists under age 32, as requested by the UN Special Rapporteur on Human Rights Defenders.

Australia

Following increased climate protest activity in New South Wales (NSW), the government in March 2022 established a new police unit known as the Strike Force Guard. The unit is designed to “prevent, investigate and disrupt unauthorized protests across the state.” On April 1, the state parliament introduced new laws and penalties specifically targeting protests that blocked roads and ports. Protesters can now be fined up to AU$22,000 (US$15,250) and be jailed for up to two years for protesting without permission on public roads, rail lines, tunnels, bridges, and industrial estates.

In 2022, Human Rights Watch interviewed three climate protesters who had been arrested and charged under the new laws. These cases indicate that climate protesters are being targeted for disproportionate punishment.

Violet (Deanna) Coco, a 31-year-old activist, took part in a climate protest on April 13, 2022, that stopped traffic in one lane on the Sydney Harbor Bridge. Coco climbed on the roof of a parked truck and stood holding a lit emergency flare. After approximately 25 minutes, NSW police forcibly removed her and the other protesters from the road. Coco was charged with disrupting vehicles, interfering with the safe operation of a bridge, possessing a bright light distress signal in a public place, failing to comply with police direction, and resisting or hindering a police officer. She was also charged under explosives regulations for holding the emergency flare; with an incitement offense for “encouraging the commission of a crime” by livestreaming the protest on Facebook; and for uploading a video of a climate protest she took the previous week, and with disrupting traffic during three previous protests.

Coco pleaded guilty to two charges – blocking traffic and failing to comply with police direction – and not guilty to the other charges. She was released on AU$10,000 (US$6,940) bail, but the magistrate ordered her not to leave her apartment for any purpose except for emergency medical assistance or to attend court. She was also ordered not to associate with any other Fireproof Australia member. Coco spent 21 days under what amounted to house arrest. On May 5, 2022, a magistrate amended her bail and, while she was allowed to leave her property, the authorities imposed a curfew banning her from leaving her address before 10 a.m. and after 3 p.m.

In March 2023, Coco was issued with a 12-month conditional release order after a district court judge heard she had been initially imprisoned on false information provided by the New South Wales police.

In August 2022, the state of Victoria followed New South Wales with harsh new measures targeting environmental protesters at logging sites with up to 12 months in jail or $21,000 in fines. In Tasmania, environmental activists now face fines of $13,000 or two years in prison, while nongovernmental organizations that have been found to “support members of the community to protest” face fines of over $45,000.

On May 18, 2023, the South Australia government introduced harsh new anti-protest measures in the South Australian lower house in the morning and then rushed them through after lunch with bipartisan support after just 20 minutes of debate and no public consultation. The bill would increase the punishment for “public obstruction” 60-fold, from $750 to $50,000 or three months in jail, with activists also potentially facing orders to pay for police and other emergency services responding to a protest or action. On May 30, the laws were passed after a 14-hour debate in the South Australian upper house.

India

In February 2021, Indian authorities arrested Ravi who was sent to police custody for five days. Indian authorities also issued arrest warrants against Nikita Jacob, a lawyer, and Shantanu Muluk, an activist, who were granted pre-arrest bail. The authorities alleged Ravi was the “key conspirator” in editing and sharing an online toolkit shared by the Swedish Fridays for Future founder Greta Thunberg on social media, including Twitter, aimed at providing information to those seeking to peacefully support ongoing farmers protests. In granting bail to Ravi, the Delhi court said the evidence on record was “scanty and sketchy,” and that citizens cannot be jailed simply because they disagreed with government policies. It added: “The offense of sedition cannot be invoked to minister to the wounded vanity of governments.”

The Indian government has enforced Information Technology Rules that allow for greater governmental control over online content, threaten to weaken encryption, and seriously undermine media freedoms, rights to privacy, and freedom of expression online. These rules put youth and other human rights defenders and journalists at further risk of being targeted by the authorities for their online content.

Uganda

Young people from across Uganda have faced reprisals for fighting for climate justice. On September 25, 2020, Ugandan police arrested and detained for eight hours eight youth climate activists while participating in the global climate strike in Kampala. The police told them election campaigns were not allowed, although the activists repeatedly explained that they were an environmental—not a political—movement. The activists, only two of whom were above the age of 18, were detained in a room for eight hours, questioned, and then allowed to leave.

Human Rights Watch published a report that documented a range of restrictions on freedom of expression, association, and assembly related to oil development, including the planned East African Crude Oil Pipeline (EACOP) by the government. Civil society organizations and environmental defenders regularly report being harassed and intimidated, unlawfully detained, or arbitrarily arrested. Human Rights Watch interviewed 31 people in Uganda between March and October 2023, including 21 environmental defenders, and several of whom were under 32 years old.

Many student climate activists protesting EACOP have been arrested and charged with various offences in Kampala since 2021. These protests have been largely peaceful and usually small in scale. Since 2021, there have been at least 22 arrests, largely of students, at anti-EACOP protests in Kampala. Nine students were arrested in October 2022 after demonstrating support for the European Parliament resolution on EACOP and charged with “common nuisance.” Their case was finally dismissed on November 6, 2023, after more than 15 court appearances. Another four protesters were arrested on December 9, 2022, as they marched to the National Environmental Management Authority (NEMA) to demand a re-evaluation of the environmental damage caused by EACOP. One of the detainees was kept at an unknown location until the morning of December 12 when all four were released.

Another protesting student was arrested in Kampala on June 27, 2023, after trying to deliver a petition to the Speaker of the House of Uganda’s parliament. He told Human Rights Watch he was taken to an unlawful place of detention known as a “safe house” with his hands tied behind his back, questioned by plain-clothed security officials about who was providing the funding for the protests, before he was knocked to the floor. He said he awoke two days later in the hospital with serious injuries. On July 11, 2023, five individuals were arrested after protesting EACOP in downtown Kampala.

On September 15, 2023, four student protesters were arrested after a “Fridays for Future” and “StopEACOP” joint protest at the Ugandan parliament as part of the “Global Fight to End Fossil Fuels,” a global mobilization and day of action. They were released on bond five days later and have been charged with “common nuisance.” Their next hearing is scheduled for November 27, 2023. One of the students described to Human Rights Watch being held in a room inside parliament and beaten by uniformed parliamentary security officials and others in civilian clothes with “batons, gun butts, and using their boots to step on our heads” before being taken to Kampala’s Central Police Station (CPS). At the CPS he described plainclothes intelligence officers asking: “Who are your leaders? Among us, who is your leader? How many are you? Who are your leaders in different universities? Who is managing your social media accounts?” They then described being beaten further in CPS cells by other prisoners, one of whom said, “We have order from above to discipline you. You need to stop working on EACOP.”

See also: https://globalpressjournal.com/africa/uganda/ugandan-pipeline-project-begins-landowners-navigate-crooked-road-compensation/

Human Rights Watch encourages the Special Rapporteur to call on governments to:

  • Promote and protect universally recognized human rights and fundamental freedoms, respect, and protect the work of climate activists, in line with their human rights obligations.
  • Publicly condemn assault, threats, harassment, intimidation, and arbitrary arrests of activists, and direct security and other government officials to stop arresting, harassing, or threatening activists for protesting or on false accusations.
  • End arbitrary arrests and prosecutions of human rights defenders, anti-EACOP activists, and peaceful protesters.
  • Respect and protect the rights of all human rights defenders and civil society organizations to exercise freedoms of association, assembly, and expression, in accordance with international human rights norms.
  • Where applicable, ratify and implement regional human rights agreements to ensure public participation in environmental decision-making and to protect environmental defenders.

Submission to the Special Rapporteur on the situation of human rights defenders

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10th Asian Regional Human Rights Defenders Forum promotes Courageous Voices

November 10, 2023

On 3 November 2023 the 10th Asian Regional Human Rights Defenders Forum concluded:

  • Judicial harassment was the most common violation experienced by human rights defenders (HRDs) in Asia from 2021 to 2022.
  • State actors–such as the police–were the top perpetrators.
  • The forum coincides with the 25th anniversary of the UN Declaration on Human Rights Defenders, which requires states to protect HRDs. Nevertheless, violations against HRDs still persist in Asia.
  • HRDs call for stronger mechanisms for protecting and creating an enabling environment for human rights work.

This collective call echoed throughout the 10th Asian Regional Human Rights Defenders Forum, which brought together some of Asia’s most courageous voices. 

Held from 1 to 3 November 2023 in Kuala Lumpur, Malaysia, the forum provided a platform for over 200 human rights defenders (HRDs) to discuss their shared advocacies, struggles, and hopes for promoting and protecting fundamental rights and freedoms across Asia and beyond.  

The forum expressed deep concern on the situation in Occupied Palestine Territory and Israel, particularly the indiscriminate bombing and military operations in Gaza by Israel that bears hallmarks of genocide. Participants called for an immediate ceasefire and end to the ongoing siege of Gaza by Israel as well as for unfettered access for humanitarian aid to Gaza. Likewise, defenders called for accountability and an investigation into the alleged war crimes and crimes against humanity committed by both Israeli military forces and Palestinian armed groups.

The forum also celebrated the invaluable work of HRDs, emphasising the need for innovative ways of supporting them amid increasingly hostile environments in the region. 

In addition, an art exhibit was set up to commemorate the courageous acts of Asian human rights defenders while also showcasing the creativity of young Asian artists, highlighting the power of arts and storytelling as advocacy tools.

The three-day forum was organised by the Asian Forum for Human Rights and Development (FORUM-ASIA) alongside Pusat KOMAS and Suara Rakyat Malaysia (SUARAM). 

Violations against human rights defenders

This year’s forum coincided with the 75th anniversary of the Universal Declaration on Human Rights and the 25th anniversary of the UN Declaration on Human Rights Defenders. The latter requires states to protect HRDs in recognition of their crucial contributions to ‘peace, sustainable development, and human rights.’

Unfortunately, violations against HRDs still persist in Asia.
In 2021 and 2022 alone, FORUM-ASIA documented 1,636 cases of violations which affected 4,440 defenders–alongside their families, organisations, and communities–across 22 monitored Asian countries. The exact numbers, however, may be higher as cases often go unreported.

Judicial harassment was the most common violation, followed by arbitrary arrests and detention, physical violence, and intimidation and threats. At worst, such cases may result in enforced disappearances, killings, and deaths. Other violations included administrative harassment, restrictions on movement, surveillance, vilification, and abduction.
Among all HRDs, pro-democracy defenders were at most risk. Meanwhile, women human rights defenders and sexual orientation and gender identity rights defenders often experienced gender-based harassment. Community-based defenders–including land and environment defenders, indigenous peoples’ rights defenders, and grassroot activists were the third most affected group. Other targeted HRD groups included media workers, students and youth, non-governmental organisations, and minority rights defenders.

Most violations were committed by state actors, with the police topping the list of perpetrators.

Among those who have experienced judicial harassment are FORUM-ASIA members Khurram Parvez in Kashmir, Adilur Rahman Khan in Bangladesh, Cristina Palabay in the Philippines, among many others. FORUM-ASIA is in solidarity with all the defenders facing harassment.

‘I want to emphasise that the government recognizes that human rights defenders and civil society organisations play an indispensable role in advocating for the rights and concerns of marginalised communities. They act as watchdogs, exposing injustices, discrimination, and human rights violations that might otherwise go unnoticed,’ Malaysian Minister of Science, Technology, and Innovation YB Chang Li Kang said during the forum.

Despite the many challenges, HRDs in Asia are not giving up.

‘Indeed, we are stronger together. This year alone, human rights defenders and organisations have overcome tremendous challenges in the region. We are never keeping silent, we will continue to demand justice and accountability not only here in Malaysia but across Asia and beyond,’ said Jerald Joseph, Chairperson of FORUM-ASIA and Director of Pusat KOMAS. 

For the latest forum’s report, see: https://humanrightsdefenders.blog/2021/10/05/report-on-forum-asias-9th-asian-human-rights-defenders-forum/

www.forum-asia.org

https://forum-asia.org/?p=38834

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Burkina Faso: Emergency Law Targets Dissidents

November 10, 2023

On 8 November, 2023 Human Rights Watch reported that Burkina Faso’s military junta is using a sweeping emergency law against perceived dissidents to expand its crackdown on dissent. Between November 4 and 5, 2023, the Burkinabe security forces notified in writing or by telephone at least a dozen journalists, civil society activists, and opposition party members that they will be conscripted to participate in government security operations across the country.

The transitional military authorities assert that the conscription orders are authorized under the April 13 “general mobilization,” part of a plan to recapture territory lost to Islamist armed groups, which control roughly half of the country. The plan seeks to create a “legal framework for all actions” to be taken against insurgents and gives the president extensive powers to combat the insurgency, including requisitioning people and goods and restraining civil liberties.

“The Burkina Faso junta is using its emergency legislation to silence peaceful dissent and punish its critics,” said Ilaria Allegrozzi, senior Sahel researcher at Human Rights Watch. “The government should not respond to the abusive Islamist armed groups with further human rights abuses but should instead strengthen efforts to protect civilians and uphold basic rights to freedom of expression and speech.”

By targeting individuals who have openly criticized the junta, the conscription undertaken in Burkina Faso violates fundamental human rights, Human Rights Watch said. The recent notifications for conscriptions targeted, among others, Bassirou Badjo and Rasmane Zinaba, members of the civil society group Balai Citoyen; Daouda Diallo, prominent rights defender, secretary-general of the Collective Against Impunity and Stigmatization of Communities (Collectif contre l’Impunité et la Stigmatisation des Communautés, CISC), and laureate of the 2022 Martin Ennals Award for Human Rights Defenders [see: https://www.trueheroesfilms.org/thedigest/laureates/ca7f1556-8f73-4b48-b868-b93a3df9b4e1]; Gabin Korbéogo, president of the Burkina Faso Democratic Youth Organization (Organisation Démocratique de la Jeunesse du Burkina Faso, ODJ); and the journalists Issaka Lingani and Yacouba Ladji Bama.

Domestic civil society groups, media organizations, and trade unions have strongly condemned what one called the “selective and punitive” application of the “general mobilization” decree. In a November 6 statement, the Burkinabe Movement of Human and Peoples’ Rights (Mouvement Burkinabè des Droits de l’Homme et des Peuples, MBDHP) said the general mobilization “has been specifically designed and adopted not to contribute to the fight against terrorism,” but to repress critical opinions.

Human rights activists and journalists told Human Rights Watch they feared being conscripted. “This wave of notifications is affecting people’s mental wellbeing,” said an independent journalist living in Ouagadougou, Burkina Faso’s capital. “I am asking myself if I will be next.”

Some said they decided not to publicly criticize the conscriptions to be able to continue their work. “A human rights defender is useful to others only if he is alive and free,” an activist from the North region said. “I need to keep working and serve my community, and I cannot do so if I am sent to the front.”

..

While governments are empowered to conscript members of the civilian population over age 18 for the national defense, there are limits that the junta has far overstepped. Human Rights Watch takes the position that conscription should not take place unless it has been authorized and is in accordance with domestic law. The conscription law needs to meet reasonable standards of fairness in apportioning the burden of military service. It needs to be carried out in a manner that gives the potential conscript notice of the duration of the military service and an adequate opportunity to contest being required to serve at that time. Conscription also needs to be carried out according to standards consistent with non-discrimination and equal protection under law.

Since it took power in an October 2022 coup, the military junta has increasingly cracked down on the media and peaceful dissent, shrinking the civic space in Burkina Faso.

National and international journalists face increasing harassment, threats, and arbitrary arrests. In April, the military authorities expelled two journalists working for the French newspapers Libération and Le Monde following their reports on human rights abuses by the army. In August, Burkinabe military authorities suspended the independent radio station Radio Omega for one month after it broadcasted an interview with supporters of Niger’s ousted president, Mohamed Bazoum. In September, the junta suspended the Paris-based news outlet Jeune Afrique, accusing it of publishing “misleading” articles seeking “to discredit” the national armed forces.

In late October, at least 15 civil society organizations and trade unions called for a mass meeting in Ouagadougou to commemorate the popular uprising of October 30 and 31, 2014, that ended the power of then-President Blaise Compaoré. The groups also challenged the transitional government about the deterioration of the security situation, high cost of living, poor governance, and corruption. On October 28, the Ouagadougou mayor called on the organizers to cancel their meeting due to potential “disturbances to public order.” The meeting did not take place.

“Providing security for the people of Burkina Faso demands a long-term commitment to promote respect for human rights,” Allegrozzi said. “Using conscription to silence dissent will neither advance the junta’s efforts against the Islamist insurgency nor improve the deteriorating rights situation in the country. The government should immediately end this misuse and abuse of conscription.”

https://www.hrw.org/news/2023/11/08/burkina-faso-emergency-law-targets-dissidents

https://reliefweb.int/report/burkina-faso/burkina-faso-emergency-law-targets-dissidents

Posted in HRW, Human Rights Defenders, MEA | 1 Comment »
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Human rights NGOs use Financial Action Task Force (FATF) review to help human rights defenders in India

November 7, 2023

Amnesty International, C&SN and HRW accuse Indian government of harassing human rights activists and NGOs; the organisations seek FATF’s intervention days before the India’s performance with respect to action taken against money laundering and terrorist funding is up for review

On 6 November 2023, The Hindu newspaper (TH) reports that NGOs are accusing the Indian government of prosecuting, intimidating, and harassing human rights defenders, activists, and non-profit organisations on the pretext of countering terrorist financing, Thus Amnesty International, Charity & Security Network (C&SN), and Human Rights Watch (HRW) have sought the intervention of the Financial Action Task Force (FATF).

FATF mutual evaluations are in-depth country reports analysing the implementation and effectiveness of measures to combat money laundering, terrorist and proliferation financing. The reports are peer reviews, where members from different countries assess another country. Mutual evaluations provide an in-depth description and analysis of a country’s anti-money laundering and counter-terrorist financing system, as well as focused recommendations to further strengthen its system. During a mutual evaluation, the assessed country must demonstrate that it has an effective framework to protect the financial system from abuse.

The FATF conducts peer reviews of each member on an ongoing basis to assess levels of implementation of the FATF Recommendations, providing an in-depth description and analysis of each country’s system for preventing criminal abuse of the financial system.

The joint statement of the 3 NGOs came on November 3, days before the start of FATF’s periodic review of India’s performance with respect to the action taken against money laundering and terrorist funding. They have accused the authorities of exploiting FATF’s recommendations “to restrict civic space and stifle the rights to freedom of expression, association, and peaceful assembly”. “Draconian laws introduced or adapted to this end include the Foreign Contribution (Regulation) Act (FCRA), the Unlawful Activities (Prevention) Act (UAPA), and the Prevention of Money Laundering Act (PMLA)…,” the groups said. See also: https://wordpress.com/post/humanrightsdefenders.blog/22074

“During its third FATF review, in 2010, the Indian government itself recognised the risk posed by the non-profit sector as ‘low’. However, since the Bharatiya Janata Party (BJP) came to power in 2014, the authorities have used overbroad provisions in domestic law to silence critics and shut down their operations, including by cancelling their foreign funding licences and prosecuting them using counterterrorism law and financial regulations,” the groups alleged.

https://www.thehindu.com/news/national/amnesty-international-csn-and-hrw-accuse-indian-govt-of-harassing-human-rights-activists-and-ngos/article67504479.ece

https://www.fatf-gafi.org/en/topics/mutual-evaluations.html

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Human Rights Defender Advocacy Programme 2024: applications now open

November 7, 2023

Are you a human rights defender keen to use the UN to push for change at home? If so, apply for the 2024 edition of ISHR’s flagship training, the Human Rights Defender Advocacy Programme (HRDAP)!

After a successful hybrid programme launched  in 2023, ISHR is pleased to launch the call for application for the 2024 edition of the Human Rights Defender Advocacy Programme (HRDAP), which will again take place both remotely and in Geneva! Below are some important dates to take into account before applying:

  • Mandatory distance learning course: 8 April – 3 June 2024 (part time)
  • In-person course in Geneva: 5- 15 June 2024 (full time)
  • Deadline to apply: 10 January 2024, midnight CET (Geneva Time)
  • Programme description with all the information can be downloaded here.
  • Application form can be found here.

The course equips human rights defenders with the knowledge and skills to integrate the UN human rights system into their existing work at the national level in a strategic manner, and provides an opportunity for participants to prepare for and engage in advocacy activities at the UN with the aim to effect change back home.

Defenders will complete a 10-week hybrid learning programme, online and offline, which will include:

  • Access to the HRDAP Platform, where they can complete e-learning courses on each key UN human rights mechanism and on advocacy strategies, access interactive learning materials and case studies on the ISHR Academy
  • Take part in live Q&A sessions with human rights experts
  • Receive a continuous advocacy support and coaching in order to develop concrete advocacy objectives to make strategic use of the international human rights system
  • Build networks around the world, and learn from peers from a range of regions working on a range of human rights issues
  • Apply their knowledge to case-studies scenarios and enhance their advocacy toolbox according to their specific needs
  • Receive support and advocacy accompaniment to conduct activities during the 56th and 57th Human Rights Council sessions and other relevant opportunities.

Participants will have the unique opportunity to apply their knowledge and skills while being in Geneva and practice, meet and share with their peers and experts. The blended format of the course allows defenders to continue their vital work on the ground, while diving into the inner workings of each key UN human rights mechanism, and gaining first-hand experience from advocates and UN staff on how civil society can strategically engage in the international human rights space.  

By participating in HRDAP, defenders:

  1. Gain knowledge and tools, which they can use to ensure their voice is central in international human rights decision-making
  2. Explore and compare the benefits of engagement with the Human Rights Council, the Special Procedures, the OHCHR, the Universal Periodic Review and the Treaty Bodies, and examine how they can use them to bolster their work at the national level
  3. Develop strategies and lobbying techniques to increase the potential of their national and regional advocacy work

Could you be one of our 2024 participants?

This programme is directed at experienced human rights defenders working in non-governmental organisations, with existing advocacy experience at the national level and some prior knowledge of the international human rights system.

ISHR supports, and promotes solidarity with and between, defenders working in the following areas or contexts, which we recognise as intersectional and interdependent:

  1. Equality, dignity and non-discrimination
  2. Environmental justice and sustainability
  3. International accountability for the repression of human rights defenders
  4. Transparency and rule of law

The hybrid programme will bring together around 16 committed human rights defenders from different backgrounds, who work on a wide range of areas that are linked with our programmes to ensure a sustainable collaboration. This can include, but is not limited to, defenders working on the following thematics: women rights; business, environment and human rights; the human rights of LGBTIQ+ persons; anti-racism; reclaiming civil society space and increasing protection of human rights defenders. 

What do former HRDAPers say?

16 human rights defenders from 15 countries took part in the last edition, HRDAP23. At the end of the training, 98% of the participants were either extremely satisfied or very satisfied with the programme and also felt that they would be able to apply what they learnt to their own day-to-day work. Find out more about the outcomes of HRDAP23 and where they are four months later, here.

See also: https://humanrightsdefenders.blog/2023/07/26/the-story-of-camila-zuluaga-hrd-from-colombia/. More testimonials from HRDAP23 here. 

How to apply?

First, download and read carefully the HRDAP 2024 Programme Description to find out more about modalities, requirements and funding. If you meet the criteria, take some time to apply using this online form before midnight Geneva time on Wednesday 10 January 2024!

As only a limited number of human rights defenders are able to participate in HRDAP each year, in addition to our range of guides and handbooks, ISHR has developed an e-learning space in English, French and Spanish to help human rights defenders strengthen their advocacy skills with the UN for greater impact on the ground: the ISHR Academy. The learning modules demystify the UN human rights system and build capacity to push for change. Discover new tools, insider tips, defender stories, and more!

For more information, please contact us : training@ishr.ch 

https://ishr.ch/latest-updates/hrdap-2024-apply-now-for-ishrs-hybrid-training-for-human-rights-defenders/

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Tanzanian civil society validates a human rights defenders policy

November 7, 2023

On 19 October, with the support of ISHR, the Tanzanian Human Rights Defenders Coalition organised a one day event with defenders from all around the country to reflect on the 25th anniversary of the UN Declaration on human rights defenders and validate the civil society led draft on the promotion and protection of the rights of defenders in Tanzania.

The Tanzanian Human Rights Defenders Coalition (THRDC) gathered defenders from all regions of the country to celebrate the 25th anniversary of the UN Declaration, discuss its implementation in the country and the needs to strengthen their legal framework for the promotion and protection of the rights of defenders through the adoption of a policy on human rights defenders.  This is an interesting case as “human rights defenders policies” are usually to be found in the West; see: https://humanrightsdefenders.blog/2016/12/13/canada-joins-select-group-of-governments-with-guidelines-on-human-rights-defenders/.

The event was attended by Minister of Constitutional and Legal Affairs Hon. Dr. Pindi Chana who highlighted notable human rights achievements under the ongoing leadership of Honourable President Samia Suluhu Hassan such as the opening of legal aid services in all regions of the country and the establishment of a special commission which will work with various stakeholders to achieve the necessary reforms to better protect and promote human rights in the country. 

Discussing and reflecting on the advancement in Africa since the adoption of the UN Declaration on human rights defenders (‘the Declaration’), speakers highlighted the numerous legislative progress in some countries and the increase in legislative restrictions in others. 

The legal recognition and protection of human rights defenders is crucial to ensure that they can work in a safe, supportive environment and be free from attacks, reprisals and unreasonable restrictions. The legal recognition and protection of defenders also contributes to the broader goals of upholding human rights, and promoting democracy, good governance, sustainable development and respect for the rule of law. In Africa, in the past ten years, 5 countries adopted specific laws protecting the rights of defenders, recognising the need and obligations that follow the adoption of the UN Declaration.

Speakers also highlighted the importance to recognise that while the adoption of the Declaration was an incredible progress, defenders still face a high number of violations for enjoying their right to defend rights.  

‘It is not easy to be a defender, especially in Africa,’ said Washington Katema, Executive Director of the Southern Africa Human Rights Defenders Network. ‘Defenders must be safe and not silenced. Defending human rights is not a crime and, to our colleagues from the Government, defenders are not the enemy of the State, rather, they stand for those who can not stand for themselves. Defenders are everywhere, so as we reflect on the 25th anniversary of the UN Declaration on defenders, let’s also reflect on the Africa we want. An Africa where defenders are free from reprisals, arrests, intimidations and assassinations’ . 

The draft policy was then presented to the participants. Among other things, it includes important principles and rights such as the right to freedom of expression, freedom of peaceful assembly, ensuring that decisions on registration, suspension and de-registration of organisations are taken by a mechanism the majority of whose members are from civil society or that organisations shall be self-governing and free to determine their internal management structures. The policy also provides for State obligations such as the need to ensure an enabling environment for defenders or that laws and administrative measures adopted by the government should protect, not impede the peaceful activities of defenders. Furthermore, defenders discussed the importance of sensitising the authorities to the specificities of the violations faced by vulnerable groups such as Indigenous and LGBTIQ+ defenders. 

As Tanzania embarks on this journey, it is important that the ownership of this process goes beyond this assembly. It is important that marginalised and discriminated-against groups, such as women defenders, are included in this process.

Finally, the draft policy was adopted by civil society and a commitment was made by the office of the Minister of Constitutional and Legal Affairs to kickstart the process with a particular attention given to the needs expressed by defenders. 

https://ishr.ch/latest-updates/achpr77-tanzanian-civil-society-validates-a-human-rights-defenders-policy/

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