A photo of human rights defender Nandini Sundar, one of those the Chhattisgarh Police had falsely charged for the murder of a man in Sukma district in 2016. | Nandini Sundar/Twitter
The National Human Rights Commission has ordered the Chhattisgarh government to compensate human rights defenders Rs 1 lakh each, for allegedly false cases filed against them. The commission had in February asked the Congress government in the state to comply within six weeks.
Human rights defenders Nandini Sundar, Archana Prasad, Manju Kawasi, Vineet Tiwari, Sanjay Parate and Mangla Ram Karma said that on November 5, 2016, the Chhattisgarh Police lodged first information reports against them under various sections of the Indian Penal Code, Arms Act and Unlawful Activities (Prevention) Act for the alleged murder of a person in Nama village of Sukma district. The Bharatiya Janata Party was in power at that time. “The case was supposedly filed on the written complaint of Shyamnath Baghel’s widow, Vimla Baghel,” they said in a press release. “However, she is on record saying she did not name anyone.” On November 15, 2016, the Supreme Court gave the individuals protection from arrest. However, they filed a fresh plea in the Supreme Court in 2018 as the matter had not yet been investigated or closed. The Congress-led Chhattisgarh government initiated a probe in the matter and in February 2019, concluded that the defenders were innocent.
In February this year, noting that the Chhattisgarh Police’s admission that there was no case to be made out against the signatories, the NHRC said that the individuals would have “certainly suffered a great mental pain and agony as a result of registration of false FIRs against them by the police”. “Therefore we recommend and direct the Government of Chhattisgarh through its Chief Secretary to pay a sum of Rs One Lakh each as monetary compensations to the six persons namely Prof Nandini Sundar, Ms. Archana Prasad, Shri Vineet Tiwari, Shri Sanjay Parate, Ms. Manju and Shri Mangla Ram Karma, whose human rights were gravely violated by the Chhattisgarh police,” the NHRC ruled.
The commission also directed the Chhattisgarh government to provide the same compensation to a group of lawyers from Telangana who were acquitted of all charges after being put in jail in Sukma for seven months. However, the six human rights defenders indicated that they had not yet received the compensation. “We welcome the NHRC order and hope that the Chhattisgarh government will act promptly to redress the reputational loss and mental agony suffered by us,” the press release said.
The signatories also said they hoped the police officers responsible for filing false charges against them, especially SRP Kalluri who was then the Bastar inspector general of police, will be investigated and prosecuted.
The defenders added: “To date, despite NHRC recommendations in 2008 and repeated Supreme Court directions, the Government of Chhattisgarh has not compensated the thousands of villagers whose homes were burnt by Salwa Judum or prosecuted those responsible for rapes and murders. Fake encounters and false arrests continue to be a grave concern in Chhattisgarh.”
Salwa Judum was a militia organised and mobilised by the government in Chhattisgarh to break the back of Maoist violence in the region. In July 2011, the Supreme Court declared Salwa Judum an illegal organisation, and ordered it to disband. However, the organisation continues to survive in the form of various vigilante groups operating in Chhattisgarh.
The signatories thanked the People’s Union of Civil Liberties for taking up all the cases of human rights defenders in Chhattisgarh, and said it was unfortunate that PUCL Secretary Sudha Bharadwaj had been arrested and imprisoned under “false charges” in the Elgar Parishad case.
AfricanDefenders‘ podcast series, “Exile Shall Not Silence Us”, is now complete and fully available for you to listen to. “Exile Shall Not Silence Us” (which I announced on 22 June 2020: https://humanrightsdefenders.blog/2020/06/22/exile-shall-not-silence-us/) is a podcast series on the situation of African human rights defenders (HRDs) in exile. The podcast is based on a research that collected the testimonies of more than 120 HRDs and in-depth case studies, and it features interviews with four exiled HRDs. It highlights the professional, security, socio-economic, and psychosocial challenges of HRDs in exile in Africa, but most of all their achievements and resilience strategies.
Episode#1 gives an overview of the main findings of the research on the situation of African HRDs in exile, with key issues and current trends.
Episode #2 features an anonymous interview with a young woman HRD from Zimbabwe in exile in South Africa. She not only sheds light on the challenges faced by HRDs in and outside Zimbabwe, but also on the complex and painful relationship between exile and motherhood.
Episode#3 explores the challenges HRDs face after returning from exile through an interview with a formerly exiled Gambian journalist.
Episode #4 explores the challenges and contradictions of internal displacement, as well as the multiple layers of vulnerability faced by HRDs in conflict-ridden areas through an anonymous interview with a Cameroonian woman HRD.
Episode#5 zooms in on Egypt where we speak to an Egyptian HRD in exile in Tunis who tells us about his experience, his hopes, and what he has been learning from Tunisian civil society.
The Staff Correspondent of Newagebd published on 8 August 2020 an appeal by Amnesy Intenational to the Bangladeshi government to stop harassing and intimidating the family members of exiled blogger Asad Noorand other human rights defenders immediately.
The Human rights organisation also said that defending human rights in Bangladesh has become increasingly challenging as many bloggers and human rights defenders fled persecution at home and sought protection abroad in recent years while continuing their activism. The authorities are now targeting their families remaining in the country in an effort to silence them, said that statement.
In July, Asad Noor published several video blogs protesting against the persecution of the minority Buddhist community in Rangunia upazila in Chattogram. A local youth leader of the ruling Awami League sued Asad on 14 July 2020 under the draconian Digital Security Act, accusing him of ‘hurting religious sentiments’ and ‘running propaganda against the spirit of the liberation war.’ Amnesty found that the local police raided Asad’s parental house in Amtali village in the southern district Barguna times and again on July 14, 15, 16 and 18, and being unable to find Asad, harassed his parents.
The local police kept the family members in detention for 40 hours before releasing them in the night of July 19. ‘The harassment of Asad’s family is not an isolated incident. It is part of a worrying pattern targeting families of human rights defenders in exile,’ said Sultan Mohammed Zakaria.
Amnesty’s South Asia researcher Sultan Mohammed Zakaria said that harassment of families, to muzzle human rights defenders in exile from Bangladesh, was utterly reprehensible. Such tactics of intimidation must be stopped immediately. Instead, the authorities have the responsibility to prevent and effectively address allegations of human rights abuses and ensure a safe and enabling environment for human rights defenders, by carrying out prompt and independent investigations and bringing suspected perpetrators to justice, he said.
Among the signatories are Nobel Prize, Academy Award, Pulitzer Prize, Booker Prize and British Academy Film Awards winners, including: Juliette Binoche, Laurent Cantet, Noam Chomsky, JM Coetzee, Judi Dench, Claire Denis, Dave Eggers, Danny Glover, Paul Greengrass, Maggie Gyllenhaal, Rebecca Hall, Naomie Harris, Khaled Hosseini, Anish Kapoor, Naomi Klein, Mike Leigh, Ken Loach, Paul Mason, Simon McBurney, Ruth Negga, Thandie Newton, Michael Ondaatje, Philip Pullman, Miranda Richardson, Andrea Riseborough, Arundhati Roy, and Stellan Skarsgård.
Leading advocacy groups, including Amnesty International, PEN International, Human Rights Watch and Reprieve have also signed onto the letter, as have prominent film organizations, including Sundance Institute, International Documentary Film Festival Amsterdam, the European Film Academy and Société des Réalisateurs de Films.
Governments who were lauded for releasing prisoners in response to COVID-19outbreaks have in fact excluded human rights defenders from the measures and continue to make new arrests of activists, journalists and critics.
In a new briefing, “Daring to Stand up for Human Rights in a Pandemic”, which documents attacks on human rights defenders during the pandemic, the organization highlights the hypocrisy of governments including Egypt, India, Iran and Turkey, who have left prisoners of conscience to languish in appalling conditions despite widely publicized prisoner release programmes.
“COVID-19 has been an added punishment for human rights defenders who are unjustly imprisoned, and has also been used as a pretext for further harassment, prosecution and even killings,” said Lisa Maracani, Amnesty International’s Researcher on Human Rights Defenders. “The exclusion of human rights defenders from release measures underscores the political nature of their imprisonment. In Turkey for example, journalists, lawyers, activists and opposition politicians held in pre-trial detention on baseless charges remain behind bars despite government measures that have seen over 100,000 people released since April. It is plain to see that the Turkish government still fears criticism more than the pandemic.”
The new briefing documents attacks on human rights defenders during the COVID-19 period in 46 countries, and shows how “fake news” laws, movement restrictions, reduced police protection and heightened intolerance to criticism have led to new crackdowns around the world, including against whistle-blowers in the health sector and those highlighting inadequate responses to the pandemic.
Amnesty International has identified 131 people who speak up for human rights globally who have been harassed, prosecuted, killed or imprisoned on COVID-19-related pretexts – this figure is likely to be the tip of the iceberg.
On 25 March 2020, the UN High Commissioner for Human Rights urged all states to release “every person detained without sufficient legal basis, including political prisoners, and those detained for critical, dissenting views” in response to the COVID-19 pandemic. However, several countries excluded human rights defenders from decongestion measures in prisons and other places of detention. [see also: https://humanrightsdefenders.blog/2020/05/30/virutal-human-rights-council-adopts-presidents-statement-on-implications-of-covid-19/]
In India, for example, many students and activists who had participated in peaceful protests against India’s discriminatory citizenship law continue to be unjustly detained.
In Egypt, the government failed to release human rights defenders detained solely for expressing their views, as well as thousands of other pre-trial detainees, many of whom are facing overly vague “terrorism”- related charges amid concerns over breaches of due process.
In Turkey, decongestion measures have explicitly excluded those who are held in pre-trial detention, and those who are on remand for or have been convicted of offences under Turkey’s overly broad anti-terrorism laws. They include political and human rights activists, journalists, academics, and others who have spoken out against the government.
In Iran, authorities announced that they had temporarily released 85,000 prisoners but many human rights defenders continue to be held on politically motivated charges in appalling conditions.
They include Narges Mohammadi, a human rights defender who suffers from serious pre-existing health conditions and is showing suspected COVID-19 symptoms. The authorities continue to deny Narges Mohammadi health care in prison, and refuse to inform her of the results of a COVID-19 test taken on 8 July. Note that today (6 Augusrt 2020) th Voice of America reported: “in a written message sent to VOA Persian on Tuesday, Mohammadi’s husband, Taghi Rahmani, living in exile in Paris, said the dangerous phase of his wife’s illness had passed. Rahmani said his wife had been at risk of serious health complications if the illness had spread to her lungs, which already had been hobbled by a preexisting disease.”[https://www.voanews.com/middle-east/voa-news-iran/jailed-iranian-journalist-mohammadi-out-danger-coronavirus-husband-says]
Amid the crisis, Iranian authorities have also continued to arbitrarily arrest and imprison human rights defenders. In other countries where prisons are already severely overcrowded, governments have continued to arrest human rights defenders on trumped-up charges, exacerbating the problem and putting more people at risk. In Azerbaijan for example, the government has mounted a new wave of arrests and prosecutions of dozens of political activists, journalists and human rights defenders, often in response to their criticism of the government’s handling of the pandemic. Among those arrested are opposition activist Tofig Yagublu on bogus charges of hooliganism, and human rights defender Elchin Mammad, who was arrested on theft charges days after he published a report on the human rights situation in the country.
New arrests of human rights defenders have also been reported in Tunisia, Morocco, Niger, Zimbabwe and Angola, among others.
“International cooperation must also include pressuring governments to release people who are in prison simply for peacefully exercising their human rights, and who are now at serious risk of contracting COVID-19.” said AI/
In Honduras, the most serious recent incident includes the possible forced disappearance of five young men, four of whom are activists with the Black Fraternal Organisation of Honduras (OFRANEH). They were taken from their homes on 18 July by men wearing police uniforms and have not been seen since.
In Colombia, civil society organization INDEPAZ has reported 166 killings during the first six months of 2020. Among them was Carlota Isabel Salinas Pérez, a women’s rights activist killed outside her home in March. Carlota was a community leader and had been collecting foodstuffs for families in need on the day she was killed.
“Now more than ever, the work of human rights defenders is essential in fighting for equal access to healthcare, food and shelter, and informing the public about the virus and ways to protect themselves. Governments who exploit this crisis to attack human rights defenders should know they are being closely watched,” said Lisa Maracani. “It is vital that governments provide effective protection to human rights defenders and ensure they are safe from those attempting to exploit the pandemic and silence them.”
Tanzania’s President John Magufuli addresses members of the ruling Chama Cha Mapinduzi Party (CCM) at the party’s sub-head office on Lumumba road in Dar es Salaam, October 30, 2015 Emmanuel Herman / REUTERS
Michelle Gavin – In a blog post of 29 July, 2020 – draws attention to the deterioriation in Tanzania where President John Magufuli claims that Tanzania is free from the virus and tourists should feel confident about visiting the country. To ensure that the public will take his word for it, official data on the number of positive cases has not been released since the end of April, part of a pattern of hiding, or tightly controlling information that in most countries can be accessed and interrogated without incident. Since his election in 2015 on an anti-corruption platform, Magufuli’s penchant for eliminating or suppressing discordant narratives has proven toxic to his country’s democracy.
In this climate, it’s difficult to be optimistic about the upcoming October elections. The legal context in which opposition parties operate has changed, limiting their capacity to mobilize voters, and major civil society organizations have been disqualified from observing the polling. In Zanzibar, where citizens’ civil and political rights have been denied multiple times in the context of elections, the voter registration system has only added to citizens’ mistrust of the process. The stage increasingly looks to be set for an election that serves the interests of the current leader, but erodes popular trust in democracy itself.
in the meantime in neighbouring Zimbabwe dozens of people have been arrested and detained in the past few weeks over protests against government officials and corruption. Speaking on Tuesday 5 August 2020, President Emmerson Mnangagwa accused who he referred to as “rogue Zimbabweans” of working together with foreign detractors to destabilise Zimbabwe. “We will overcome attempts at destabilisation of our society by a few rogue Zimbabweans acting in league with foreign detractors,” Mnangagwa said.
Inflation in Zimbabwe is more than 700 per cent and last month the World Food Programme projected that by the end of the year 60 per cent of the country’s population will lack reliable access to sufficient food.
Footage of violence carried out by security forces and the detaining of opposition politicians and government critics has drawn international condemnation. Inspired by the Black Lives Matter call to action, Zimbabweans have expressed their thoughts and demands for actions on social media using the hashtag #ZimbabweanLivesMatter.
The UN Human Rights Council is among those expressing concern about claims the authorities in Zimbabwe are using the COVID-19 outbreak to crackdown on freedom of expression and peaceful protest.
“While recognising the government’s efforts to contain the pandemic”, the OHCHR spokesperson said, “it is important to remind the authorities that any lockdown measures and restrictions should be necessary, proportionate and time-limited, and enforced humanely without resorting to unnecessary or excessive force”.
Amnesty International said in a statement released last week that a number of activists had gone into hiding after police published a list of names of those wanted for questioning in connection with the planned protests.
Muleya Mwananyanda, Amnesty International’s deputy director for Southern Africa, said: “The brutal assault on political activists and human rights defenders who have had the courage to call out alleged corruption and demand accountability from their government is intensifying. The persecution of these activists is a blatant abuse of the criminal justice system and mockery of justice.”
Shannon Ebrahim – Independent Media’s foreign editor – on 5 August 2020 wrote from Pretoria that a week ago she was a speaker at a webinar on Zimbabwe organised by the South African Liaison Office, and sh spoke after the spokesperson of the MDC Alliance, Fadzayi Mahere. I was impressed by her eloquence, professionalism and commitment to human rights and the rule of law.…It never occurred to me, looking at this immaculately-dressed young lawyer, that in three days she would find herself in a filthy police holding cell overnight with other women, no water, no sanitiser, only an overflowing pit latrine and a few filthy blankets.
,,Mahere saw her colleagues, Terrence and Loveridge, in the other holding cells. They had been abducted, beaten and tortured, and had bleeding head injuries. They had been blindfolded, told they were at Lake Chivero and were going to be fed to the crocodiles.…
…It is a great tragedy that 40 years after liberation, Zimbabweans are asking themselves how there is no rule of law or political freedom.
In a joint statement published on 29 July 2020 entitled “Sri Lanka: Human Rights Under Attack” by Human Rights Watch and 9 other major NGOs confirms what many have been fearing since the presidential election of November 2019, [See: defenders-in-sri-lanka-fear-return-to-a-state-of-fear/]:
The United Nations, as well Sri Lanka’s partners and foreign donors, should immediately call for full respect, protection and fulfillment of the human rights of all Sri Lankans, and particularly to halt the reversal of fragile gains in the protection of human rights in recent years.
Numerous civilian institutions, including the NGO Secretariat, have been placed under the control of the Defence Ministry. Serving and retired military officers have been appointed to a slew of senior government roles previously held by civilians. The authorities have recently established military-led bodies such as the Presidential Task Force to build “a secure country, disciplined, virtuous and lawful society,” which has the power to issue directives to any government official. This represents an alarming trend towards the militarization of the state. Many of those in government, including the president, defense secretary, and army chief, are accused of war crimes during the internal armed conflict that ended in 2009.
Dissident voices and critics of the current government, including lawyers, journalists, human rights defenders and victims of past abuses, are being targeted by the police, intelligence agencies and pro-government media.
Since the presidential election in November 2019, anti-human rights rhetoric intended to restrict the space for civil society has been amplified by senior members of government. On 6 July 2020, at an election rally, Prime Minister Mahinda Rajapaksa stated that “NGOs will be taken into a special attention under the new government formed after the General Election, specifically, how foreign monies and grants are received to the NGOs from foreign countries and further, activities of the international organisations will be observed.” The government has also announced a probe into NGOs registered under the previous government.
In the months following the November 2019 presidential election, a number of organizations reported visits from intelligence officers who sought details of staff, programs and funding, in particular, organizations in the war-affected Northern and Eastern provinces of the country. Such visits are blatant attempts to harass and intimidate Sri Lankan civil society.
In February, the acting District Secretary in the Mullaitivu District (Northern Province) issued a directive that only non-governmental organizations with at least 70 percent of their activities focused on development would be allowed to work, effectively enabling arbitrary interference with and prevention of a broad range of human rights work. A Jaffna-based think-tank was visited several times, including soon after the Covid-19 lockdown, and questioned about its work, funding and staff details.
Lawyers taking on human rights cases have been targeted through legal and administrative processes and have faced smear campaigns in the media. Kumaravadivel Guruparan, a human rights lawyer, was a senior lecturer at the Faculty of Law at the University of Jaffna. He appeared as counsel on behalf of victims in the case of 24 Tamil youth who were subjected to enforced disappearance while in military custody at Navatkuli in 1996. In November 2019, Guruparan was banned by the University Grants Commission (UGC) from teaching law while also practicing in court. The ban was following a letter sent by the Sri Lankan army to the UGC questioning why Guruparan was permitted to engage in legal practice while being a member of the faculty. Guruparan resigned from the University on 16 July 2020.[ see also: https://humanrightsdefenders.blog/2020/01/02/sri-lankan-human-rights-defender-barred-from-legal-practice-appeals-to-supreme-court/
On 14 April, Hejaaz Hizbullah, a lawyer who has represented victims of human rights violations, was arrested under the draconian Prevention of Terrorism Act (PTA). He is being held illegally without charge and without being produced before a magistrate for over 90 days. He has had limited access to his lawyers and family members. The day before his arrest, Hizbullah joined others in submitting a letter addressed to President Gotabhaya Rajapaksa criticising the denial of burial rights to the Muslim community under Sri Lanka’s Covid-19 regulations.
Achala Senevirathne, a lawyer who represents families in a case involving the enforced disappearance of 11 youth in 2008, in which senior military commanders are implicated, has been attacked on social media, including with threats of physical violence and sexualized abuse. The police have failed to act on her complaints of threats to her safety.
On 10 June, Swastika Arulingam, a lawyer, was arrested when she inquired about the arrests of people conducting a peaceful Black Lives Matter solidarity protest. Other lawyers, not named here for reasons of security, have also been visited at their homes by security officials, or called in for lengthy interrogations linked to their human rights work.
Journalists and those voicing critical opinions on social media, have been arbitrarily arrested. The UN High Commissioner for Human Rights expressed alarm at the clampdown on freedom of expression, including the 1 April announcement by the police that any person criticizing officials engaged in the response to Covid-19 would be arrested. It is unclear whether there is any legal basis for such arrests. The Human Rights Commission of Sri Lanka has cautioned against “an increasing number of such arrests since the issuing of a letter dated 1 April 2020”.
Media rights groups have condemned the targeting of journalists since the presidential election, with threats of arrest, surveillance, and lengthy police interrogations linked to their reporting. Dharisha Bastians, former editor of the Sunday Observer newspaper and a contributor to the New York Times, her family, and associates, have been persecuted by Sri Lankan police in retaliation for her work. Since December 2019, authorities have attempted to link Bastians to the disputed abduction of a Swiss Embassy employee in Colombo. The government claims the alleged abduction was fabricated to discredit the government. Since Bastians had reported on the incident as a journalist, the police have obtained and published her phone records, searched her house, and seized her laptop computer.
On 9 April, a social media commentator Ramzy Razeek was arrested under Sri Lanka’s International Covenant on Civil and Political Rights (ICCPR) Act and the Computer Crimes Act. He approached the Sri Lankan police for protection following online death threats linked to his social media posts condemning all forms of extremism. Instead of receiving protection, he was jailed and denied bail. His hearing has been postponed, despite his failing health and the heightened risk posed by the pandemic in prisons.
The targeting and repression of journalists and human rights defenders is not only an assault on the rights of these individuals, but an attack on the principles of human rights and the rule of law which should protect all Sri Lankans. These policies have a chilling effect on the rights to freedom of expression and association, which are crucial for the operation of civil society and fundamental to the advancement of human rights. Those working on ending impunity and ensuring accountability for past crimes, and especially victims, victim’s families, members of minority communities, and networks in the Northern and Eastern provinces, are particularly at risk of intimidation and harassment.
The Sri Lankan authorities must end all forms of harassment, threats, and abuse of legal processes and police powers against lawyers, human rights defenders and journalists. Ramzy Razeek and Hejaaz Hizbullah must be released immediately. Human rights defenders living and working in Sri Lanka should be able to carry out their peaceful human rights work without fear of reprisals, which requires a safe and enabling environment in which they can organize, assemble, receive and share information.
While the government of Sri Lanka continues to deny Sri Lankans the ability to promote and defend human rights, particularly targeting members of civil society, we call upon the international community, including states and the United Nations, to demand that Sri Lanka live up to its international human rights obligations.
Sri Lankan human rights defenders, lawyers and journalists need to be protected now.
More than half the killings were in Colombia and the Philippines and indigenous people made up 40% of the victims, the Britain-based group said inn its report. It was a significant rise on 2018, when 164 killings were recorded.
The threat from mining and large-scale agriculture caused the most number of deaths, with these sectors also responsible for worsening climate change impacts, Global Witness said.
“Insecure land tenure, irresponsible business practices and government policies that prioritise extractive economies at the cost of human rights are putting people, and their land, at risk,” said Rachel Cox, a campaigner at Global Witness.
“Land and environmental defenders play a vital role in protecting climate-critical forests and ecosystems. When they take a stand against the theft of their land, or the destruction of forests, they are increasingly being killed,” she said.
Latin America accounted for more than two-thirds of all victims last year, with Colombia the deadliest country of all, with 64 killings.
In Asia, the Philippines had 43 killings compared to 30 the previous year, with six in India, three in Indonesia and one in Cambodia, according to Global Witness.
Many more were attacked, arrested, threatened and sued, said Global Witness, which recorded killings in 21 countries.
In the Philippines – which was the deadliest country in 2018 – “relentless vilification” of activists by the government and impunity for attackers may be spurring an increase in killings, it said.
A spokesman for President Rodrigo Duterte did not respond to requests for comment.
At least 119 activists and farmers have been killed since Duterte took office in 2016, according to Global Witness, while local campaign groups put the figure at about 200.
Dozens of United Nations experts last month called for an independent investigation into human rights violations in the Philippines, including killings of farmers and indigenous people.
The coronavirus pandemic has accelerated the “downward spiral of the human rights situation”, and a new anti-terrorism bill could be used to target activists, they said.
“Days after the act was signed, the harassment of human rights defenders has visibly worsened,” said Cristina Palabay, secretary general of Philippine human rights advocacy group Karapatan.
“While rural communities, including indigenous peoples, grapple with the impact of COVID-19, they are constantly hounded by military operations that benefit mining corporations encroaching on their ancestral land,” she said.
Two of the country’s biggest agribusiness brands – Dole Philippines and Del Monte Philippines – earlier this year said they would review their processes to better protect land rights.
But attacks against activists during coronavirus lockdowns signalled more violence worldwide, Cox said.
“Governments around the world have used the crisis to strengthen draconian measures to control citizens and roll back hard-fought environmental regulations,” Cox told the Thomson Reuters Foundation.
On 23 July 2020 Front Line Defenders launched the first edition of a very interesting new Monthly Digital Magazine:“Cypher – Comics as Eyewitness”.
This project advances the organization’s storytelling and narrative framing work in collaboration with and in support of human rights defenders (HRDs). Working with artists from around the world, including the awardwinning visual storyteller, Beldan Sezen, as creative director, the Magazine will be a monthly publication featuring 3 or 4 stories of HRDs and the challenges they face. Each month, Front Line Defenders will collaborate with comics artists from around the world, pairing them with HRDs to develop stories that portray their work and the challenges, risks and threats they face. The first edition features stories from: Kenya (artist: Nomes Dee) – a profile of Ruth Mumbi’s efforts to defend the rights of evicted families in the Kairobangi neighborhood of Nairobi as the COVID-19 pandemic spread; [see also: https://humanrightsdefenders.blog/2015/01/22/human-rights-defenders-in-york-programme-tell-their-story-ruth-mumbi/] Pakistan (artist: anonymous for security reasons) – the story of the abduction enforced disappearance of Pakistani HRD Idris Khattak, as told from the perspective of his daughter; Lebanon (artist: Pascale Ghazaly) – with COVID-19 hitting, ongoing street protests against political and economic corruption and the collapse of the economy, Ethiopian domestic workers found themselves kicked out and abandoned, as even the embassy refused to help; a collective of domestic workers organized critical support; Brazil (artist: Lyvia Emanuelly ) – transvesti HRD Rosa Luz is a social media and YouTube influencer and rap/hip hop musician; when she used her art to criticize political leaders, she faced intense backlash in the media and from politicians, including death threats, only returning to her public role after a hiatus to ensure her security.
Hong Kong’s chief executive Carrie Lam on giant screens remotely addressing the opening of the UN Human Rights Council’s 44th session on in Geneva, Switzerland, 30 June 2020, FABRICE COFFRINI/AFP via Getty Images
The 44th session of the UN Human Rights Council began with China’s imposition of legislation severely undermining rights and freedoms in Hong Kong. Within days, there were reports of hundreds of arrests, some for crimes that didn’t even exist previously. We welcome efforts during this session by a growing number of States to collectively address China’s sweeping rights abuses, but more is needed. An unprecedented 50 Special Procedures recently expressed concerns at China’s mass violations in Xinjiang, Hong Kong and Tibet, suppression of information in the context of COVID-19, and the targeting of human rights defenders across the country. The Council should heed the call of these UN experts to hold a Special Session and create a mechanism to monitor and document rights violations in the country. No state is beyond international scrutiny. China’s turn has come.
The 44th session also marked an important opportunity to enable those affected directly by human rights violations to speak to the Council through NGO video statements.
Amnesty’s Laith Abu Zeyad addressed the Council remotely from the occupied West Bank where he has been trapped by a punitive travel ban imposed by Israel since October 2019. We call on the Israeli authorities to end all punitive or arbitrary travel bans.
During the interactive dialogue with the Commission of Inquiry on Syria, victims’ associations and families of victims highlighted the human rights violations occurring in detention centers in Syria. We welcome the efforts by some States to underline their demands and welcome the adoption of the Syria resolution on detainees and urge the Syrian government to take all feasible measures to release detainees and provide truth to the families, noting the important pressure needed by Member States to further call for accountability measures for crimes committed in Syria.
Collette Flanagan, Founder of Mothers against Police Brutality, also delivered a powerful video statement at the Council explaining the reality of racist policing in the United States of America. We fully support victims’ families’ appeals to the Council for accountability.
We hope that the High Commissioner’s report on systemic racism, police violence and government responses to antiracism peaceful protests will be the first step in a series of meaningful international accountability measures to fully and independently investigate police killings, to protect and facilitate Black Lives Matter and other protests, and to provide effective remedy and compensation to victims and their families in the United States of America and around the world.
We appreciate the efforts made by the Council Presidency and OHCHR to overcome the challenges of resuming the Council’s work while taking seriously health risks associated with COVID-19, including by increasing remote and online participation. We recommend that remote civil society participation continue and be strengthened for all future sessions of the Council.
Despite these efforts, delays in finalising the session dates and modalities, and subsequent changes in the programme of work, reduced the time CSOs had to prepare and engage meaningfully. This has a disproportionate impact on CSOs not based in Geneva, those based in different time zones and those with less capacity to monitor the live proceedings. Other barriers to civil society participation this session included difficulties to meet the strict technical requirements for uploading video statements, to access resolution drafts and follow informal negotiations remotely, especially from other time zones, as well as a decrease in the overall number of speaking slots available for NGO statements due to the cancellation of general debates this session as an ‘efficiency measure.’
We welcome the joint statement led by the core group on civil society space and endorsed by cross regional States and civil society, which calls on the High Commissioner to ensure that the essential role of civil society, and States’ efforts to protect and promote civil society space, are reflected in the report on impact of the COVID-19 pandemic presented to the 46th Session of the HRC. We urge all States at this Council to recognise and protect the key role that those who defend human rights play.
We therefore welcome that the resolution “the promotion and protection of human rights in the context of peaceful protests” was adopted by consensus, and that the Council stood strongly against some proposed amendments which would have weakened it. We also welcome the inclusion in the resolution of a panel during the 48th session to discuss such events and how States can strengthen protections. We urge States to ensure full accountability for such human rights violations as an essential element of the protection of human rights in the context of protests. The current context has accelerated the urgency of protecting online assembly, and we welcome that the resolution reaffirms that peaceful assembly rights guaranteed offline are also guaranteed online. In particular, we also commend the resolution for calling on States to refrain from internet shutdowns and website blocking during protests, while incorporating language on the effects of new and emerging technologies, particularly tools such as facial recognition, international mobile subscriber identity-catchers (“stingrays”) and closed-circuit television.
We welcome that the resolution on “freedom of opinion and expression” contains positive language including on obligations surrounding the right to information, emphasising the importance of measures for encryption and anonymity, and strongly condemning the use of internet shutdowns.. Following the High Commissioner’s statement raising alarm at the abuse of ‘false news’ laws to crackdown on free expression during the COVID-19 pandemic, we also welcome that the resolution stresses that responses to the spread of disinformation and misinformation must be grounded in international human rights law, including the principles of lawfulness, legitimacy, necessity and proportionality. At the same time, we are concerned by the last minute addition of language which focuses on restrictions to freedom of expression, detracting from the purpose of the resolution to promote and protect the right. As we look to the future, it is important that the core group builds on commitments contained in the resolution and elaborate on pressing freedom of expression concerns of the day, particularly for the digital age, such as the issue of surveillance or internet intermediary liability, while refocusing elements of the text.
The current context has not only accelerated the urgency of protecting assembly and access to information, but also the global recognition of the right to a safe, clean, healthy and sustainable environment. We welcome the timely discussions on ”realizing children’s right to a healthy environment” and the concrete suggestions for action from panelists, States, and civil society. The COVID-19 crisis, brought about by animal-to-human viral transmission, has clarified the interlinkages between the health of the planet and the health of all people. We therefore support the UN Secretary General’s call to action on human rights, as well as the High Commissioner’s statement advocating for the global recognition of the human right to a safe, clean, healthy and sustainable environment – already widely reflected at national and regional levels – and ask that the Council adopts a resolution in that sense. We also support the calls made by the Marshall Islands, Climate Vulnerable Forum, and other States of the Pacific particularly affected and threatened by climate change. We now urge the Council to strengthen its role in tackling the climate crisis and its adverse impacts on the realization of human rights by establishing a Special Rapporteur on Human Rights and Climate Change, which will help address the urgency of the situation and amplify the voices of affected communities.
The COVID crisis has also exacerbated discrimination against women and girls. We welcome the adoption by the Council of a strong resolution on multiple and intersecting forms of discrimination against women and girls, which are exacerbated in times of a global pandemic. The text, inter alia, reaffirms the rights to sexual and reproductive health and to bodily autonomy, and emphasizes legal obligations of States to review their legislative frameworks through an intersectional approach. We regret that such a timely topic has been questioned by certain States and that several amendments were put forward on previously agreed language.
The Council discussed several country-specific situations, and renewed the mandates in some situations.
We welcome the renewal of the Special Rapporteur’s mandate and ongoing scrutiny on Belarus. The unprecedented crackdown on human rights defenders, journalists, bloggers and members of the political opposition in recent weeks ahead of the Presidential election in August provide a clear justification for the continued focus, and the need to ensure accountability for Belarus’ actions. With concerns that the violations may increase further over the next few weeks, it is essential that the Council members and observers maintain scrutiny and pressure even after the session has finished.
We welcome the extension of the mandate of the Special Rapporteur on Eritrea. We urge the government to engage, in line with its Council membership obligations, as the Special Rapporteur’s ‘benchmarks for progress’ form a road map for human rights reform in the country.
We welcome the High Commissioner report on the human rights situation in the Philippines which concluded, among other things, that the ongoing killings appear to be widespread and systematic and that “the practical obstacles to accessing justice in the country are almost insurmountable.” We regret that even during this Council session, President Duterte signed an Anti Terrorism Law with broad and vague definition of terrorism and terrorists and other problematic provisions for human rights and rule of law, which we fear will be used to stifle and curtail the rights to freedom of opinion and expression, to freedom of peaceful assembly and of association. Also during this session, in a further attack on press freedom, Philippine Congress rejected the franchise renewal of independent media network ABS-CBN, while prominent journalist Maria Ressa and her news website Rappler continue to face court proceedings and attacks from President Duterte after Ressa’s cyber libel conviction in mid-June. We support the call from a group of Special Procedures to the Council to establish an independent, impartial investigation into human rights violations in the Philippines and urge the Council to establish it at the next session.
The two reports presented to the Council on Venezuela this session further document how lack of judicial independence and other factors perpetuate impunity and prevent access to justice for a wide range of violations of civil, cultural, economic, political, and social rights in the country. We also urge the Council to stand ready to extend, enhance and expand the mandate of the Independent International Fact-Finding Mission when it reports in September.
We also welcome the report of the Special rapporteur on the human rights situation in the Palestinian Territory occupied since 1967 and reiterate his call for States to ensure Israel puts an end to all forms of collective punishment. We also reiterate his call to ensure that the UN database of businesses involved with Israeli settlements becomes a living tool, through sufficient resourcing and annual updating.
We regret, however, that several States have escaped collective scrutiny this session.
We reiterate the UN Special Rapporteur Agnes Callamard’s call to pressure Saudi Arabia to release prisoners of conscience and women human rights defenders and call on all States to sustain the Council’s scrutiny over the situation at the September session.
As highlighted in a joint statement of Special Procedures, we call on the Indian authorities to immediately release HRDs, who include students, activists and protest leaders, arrested for protesting against changes to India’s citizenship laws. Also eleven prominent HRDs continue to be imprisoned under false charges in the Bhima Koregaon case. These activists face unfounded terror charges under draconian laws such as sedition and under the Unlawful Activities (Prevention) Act. While we welcome that Safoora Zargar was granted bail on humanitarian grounds, the others remain at high risk during a COVID-19 pandemic in prisons with not only inadequate sanitary conditions but also limited to no access to legal counsel and family members. A number of activists have tested positive in prison, including Akhil Gogoi and 80-year-old activist Varavara Rao amid a larger wave of infections that have affected many more prisoners across the country. Such charges against protestors, who were exercising their rights to freedom of peaceful assembly must be dropped. We call on this Council to strengthen their demands to the government of India for accountability over the excessive use of force by the police and other State authorities against the demonstrators.
In Algeria, between 30 March and 16 April 2020, the Special rapporteur on freedom of opinion and expression, freedom of peaceful assembly and of association, human rights defenders, issued three urgent appeals in relation to cases involving arbitrary and violent arrests, unfair trials and reprisals against human rights defenders and peaceful activists Olaya Saadi, Karim Tabbou and Slimane Hamitouche. Yet, the Council has been silent with no mention of the crackdown on Algerian civil society, including journalists.
To conclude on a positive note, we welcome the progress in the establishment of the OHCHR country office in Sudan, and call on the international community to continue to provide support where needed to the transitional authorities. While also welcoming their latest reform announcements, we urge the transitional authorities to speed up the transitional process, including reforms within the judiciary and security sectors, in order to answer the renewed calls from protesters for the enjoyment of “freedom, peace and justice” of all in Sudan. We call on the Council to ensure continued monitoring and reporting on Sudan.
Hans Thoolen on Human Rights Defenders and their awards 