Jose Miguel Vivanco, HRW director for the Americas, accuses the Colombian government of failing to act on the murders of rights activists Raul ARBOLEDA AFP
Human Rights Watch on Wednesday 10 Febuary 2021 hit out at Colombia’s government over the rising number of human rights defenders and activists being murdered in the South American country.
Since the 2016 peace accord that ended half a century of fighting between government forces and the Revolutionary Armed Forces of Colombia (FARC), an increasing number of civil society leaders have been killed each year. But “the government has acted slowly and weakly in the implementation of policies to prevent these murders,” HRW said in a statement.
Despite Colombia suffering the largest number of such murders on the continent, “the government’s response has been more focussed on making speeches and announcements than adopting measures that will have an impact in the territories” affected by the violence, said Jose Miguel Vivanco, HRW director for the Americas.
Behind the wave of violence targeting advocates are National Liberation Army Marxist rebels, dissident FARC guerrillas and right-wing paramilitaries, as well as armed drug-trafficking groups. They are fighting each other over access to lucrative cocaine and illegal mining markets.
HRW says most victims were murdered as reprisals for opposing drug-trafficking in their territories, allegedly collaborating with the army or supporting the replacement of illegal coca plantations with legal ones. The digest of Human Rights Laureates lists 50 HRDs in Colombia. See: https://www.trueheroesfilms.org/thedigest
On 4 February 2021 the Business and Human Rights Resource Centre published an opinion piece by Mary Lawlor, the UN Special Rapporteur on Human rights Defenders:
Human rights defenders (HRDs) all over the world face continuous harassment, threats and intimidation, with some even getting killed in response to their work protecting and defending human rights. Since the start of the COVID-19 pandemic, attacks against HRDs have continued with many facing greater risks as some governments misuse the situation to further curtail civil rights, deny participation in public decision-making, and deploy state forces to repress legitimate, peaceful protests and obstruct access to justice.
Many of these attacks are related to business activities. In 2019, the United Nations High Commissioner for Human Rights (OHCHR) documented the killing of 357 HRDs, half of whom worked on land rights, protection of the environment, minority rights and indigenous people rights. These violations are often carried out in the context of extractive industries, energy production, agro-industrial development and other business activities. When human rights are under threat from business activities, HRDs stand up and put themselves at risk to protect these rights and their communities. For an overview of all such HRDs, see: https://www.trueheroesfilms.org/thedigest
A landmark example is that of HRD Mungunkhun Dulmaa in Mongolia. In 2017, the Mongolian Government entered into a mining agreement with Steppe Gold, a Canadian gold mining company. The local community complained about the environmental impact of the agreement, the associated gold mine, and allocation of land to step-mines – lands which had been used by the community for generations. In 2018, members of the affected community staged a protest and were attacked by private security guards, hired by the company. When Ms. Dulmaa tried to video-record the assault as evidence she was detained, beaten and sexually harassed, and the video was deleted from her phone. A year later, when she attempted to report the incident to local police, Ms. Dulmaa received death threats via text, warning her to stop her work. Here, the lack of engagement by companies with potentially affected communities is blatant. In 2020, my predecessor and the UN Working Group on business and human rights sent a communication regarding Ms. Dulmaa’s case to both the Mongolian Government and the company, but neither responded. This signals a real lack of accountability. If we really want to ‘build back better’ and achieve a just recovery,human rights and HRDs need to become a priority for both states and business.
Five steps companies should take to address risks to HRDs in the context of just recovery:
Implement the UN Guiding Principles on Business and Human Rights (UNGPs) through adequate engagement with rightsholders. A recent report from Trinity College, Dublin on 50 large companies and 10 states showed that companies either don’t know or don’t care about the UNGPs. A key part of the implementation of UNGPs is engagement with potentially affected rightsholders and their representatives, including independent trade unions and other civil society organisations. So far, this is not happening: for example, in the Know the Chain benchmark, all companies scored zero on their efforts to support freedom of association. This must change if we want to ‘build back better’: from the earliest possible stage of each project and throughout their supply chains, companies need to engage with potentially affected communities, workers and HRDs representing and supporting them. This needs to include critical voices and companies must give due consideration to the possible objections of HRDs, even if these may render their work and projects more costly, less profitable or even less viable.
Free, prior and informed consent (FPIC) from affected communities, especially indigenous ones, is non-negotiable. It is an essential part of the effective due diligence called for in the UNGPs and a platform to prevent conflict. HRDs, typically leaders in their communities, can help business develop the kind of precise, contextualised understanding of local situations they need if they intend to prevent and address the potential threats to human rights arising from their activities. In assessing risk, both companies and investors, and the social auditors they hire to help them do so, should give adequate weight to independent civil society and community-level information and evidence. This is fundamental when considering actions for just recovery.
This engagement with HRDs and rightsholders must continue for the duration of any business project, because opinions can change over time. Therefore, companies need to constantly keep their door open to HRDs and their input.
Companies should create publicHRDs policies and processes. Business needs to commit to the recognition of communities, HRDs and trade unions as partners by systematically including them in human rights policies and due diligence. They need to commit to a zero-tolerance approach to violence in their supply chains, and enforceable agreements with unions, and consistently prevent, monitor and address risks HRDs face in them.
Companies should also stand with HRDs when they are attacked and release public statements denouncing threats and attacks. Such steps should be taken in consultation with HRDs themselves to increase effective actions that prevent harm and most importantly build trust with HRDs and local communities.
It must be acknowledged some private businesses are already taking positive steps when it comes to protecting HRDs, but most of them do not. This is extremely disappointing and indicates a very strong need for mandatory human rights and environmental due diligence (HREDD). As the UN Special Rapporteur on the situation of HRDs, I strongly support the growing momentum worldwide for mandatory HREDD, and advocate for an early inclusion of rightsholders and HRDs in the legislative process. These laws need to ensure access to justice and the right to an effective remedy, include a business duty to conduct effective, meaningful and informed consultations, and introduce robust safeguards for HRDs and whistle-blowers. An uncritical return to business-as-usual in the post-pandemic period would only perpetuate the deep inequalities between companies, workers and local communities, whereas we have a precious opportunity to reimagine and rebuild an economy that serves and respects the rights of all its participants.
With the launching of the new Digest of human rights laureates by True Heroes Films (THF) today, 2 February 2021, I have decided to centre my blog more on human rights awards and laureates. It will give the blog more focus and this will also help the Digest to stay up to date. After many years of work, True Heroes Films (THF) has made public its gateway to human rights awards and their laureates at www.trueheroesfilms.org/thedigest. The Digest is a new free online tool that gives everybody access to information on human rights awards, including the list of people who received such awards. Over the last 20 years, the human rights movement has discovered the value of awards. The Digest tells that story and makes human rights defenders more visible as an encouragement and role model for others.
Here some specialised user comments: The Digest “will help us demonstrate to the world how many human rights defenders there are in the world and the different human rights they defend and fight for” stated Guadalupe Marengo, Head of Global Human Rights Defenders Programme at Amnesty International.
“It is a useful resource that places individuals, the laureates, at the heart of the search process,” commented Eleanor Davies of the Centre of Applied Human Rights at York University.
“With a simple and straightforward way to find what you are looking for, it helps initiate partnerships,” says Friedhelm Weinberg, Executive Director of HURIDOCS, an organisation specialised in information technology.
For human rights defenders, the Digest allows finding awards and people concerned with similar causes worldwide. Award givers can quickly check their candidates. For media, the Digest means instant access to information on human rights defenders or an award announcement to complete their story.
The Digest was created during 8 years with support from the City of Geneva, Brot für die Welt and the Permanent Mission of the Netherlands to the United Nations Office.
The human rights organization Amnesty International published a scathing report on 25 January 2021 decrying the inhumane conditions in Egyptian prisons. The report comes a decade after the Arab Spring uprising.
The report detailed the experiences of 67 individuals in detention, 10 of whom died in custody and two who died shortly after being released. It was carried out primarily between February 2020 and November 2020 and focused on 16 prisons. It found that:
Prisoners were kept in squalid conditions and received unhealthy food;
There was no proper access to health care, which may have resulted in death;
Overcrowding, poor ventilation and limited access to water and toilets led inevitably to outbreaks of coronavirus.
The report also found that some prisoners were deliberately denied access to health care due to their political affiliations. Activists, politicians and human rights defenders were denied basic treatments available to other inmates. There was also evidence of prison authorities “targeting prisoners critical of the government and denying them adequate food or family visits,” Markus Beeko, Secretary General of Amnesty International in Germany, asserted. According to UN estimates, there are 114,000 people incarcerated in the north African country.
On 22 January 2021 Mary Lawlor also deplored the arrest and prolonged pre-trial detention of human rights defenders and bloggers, and their accusation of being members of a terrorist organisation, continuing Egypt’s practice to intimidate and criminalise human rights defenders, journalists and their families.
“I am extremely concerned by the seemingly unrelenting efforts of the Egyptian authorities to silence dissent and shrink civic space in the country, despite repeated calls from UN mechanisms and the international community,” said Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders.
The Special Rapporteur said she was disturbed by the detention since 2018 of human rights defender and blogger Mohamed Ibrahim Radwan, also known as ‘Mohamed Oxygen’, on charges of “membership of a terrorist organisation” and “misuse of social media” in retaliation for his posts and videos reporting on human rights issues. He was granted conditional release by the Cairo Criminal Court in November last year but was attached to a new case on charges of joining a terrorist organisation and kept in detention. He remains in pre-trial detention in Al-Aqrab Prison, south of Cairo.
Lawlor said that human rights defenders such as researcher and post-graduate student Patrick Zaki, who was arrested in February last year, have endured repeated renewals of detention without trial. “Pre-trial detention should only be used as the exception to the rule, rather than the default approach,” said Lawlor.
“Not only are these human rights defenders, journalists and other civil society actors unduly targeted for their legitimate and peaceful defence of human rights and fundamental freedoms, they are wrongfully accused of belonging to terrorist organisations and portrayed as a national security threat under vague legal provisions,” the Special Rapporteur said. “This is an issue which I and a number of UN experts have previously communicated our concern about to the Egyptian authorities.”
Ten years after the Tahrir square protests in Cairo, Egypt’s human rights record is disastrous. On the occasion of the anniversary of the 2011 revolution, several international campaigns are calling for the release of imprisoned activists writes Sofian Philip Naceur in Qantara.de Violent, authoritarian and extremely paranoid: since his bloody takeover in 2013, Egypt’s President Abdul Fattah al-Sisi has restored a regime whose brutality far outstrips even the reign of long-term ruler Hosni Mubarak. Hopes for real political and social change after the mass uprising that forced Mubarak out of office after 30 years in power have faded away, leaving a disillusionment that is omnipresent.
Egyptian opposition figures are using the current media attention around the tenth anniversary of the “25 January Revolution” to highlight the fate of those currently in prison for their political engagement. Some have been sentenced to heavy jail terms, while others are subjected to pre-trial detention lasting years by the Egyptian security forces and the country’s judiciary. European opposition politicians are also participating in corresponding campaigns.
Eight politicians from Germany’s left-wing party – Die Linke – have signed a solidarity statement calling for the immediate release of all political detainees, which explicitly highlights the fate of six detained leftist activists, journalists and trade unionists. Although the campaign specifically highlights six individual cases, it expresses solidarity not only with Egyptian leftists, but with all those “who are resisting Sisi’s dictatorship”. In addition to journalist Hishem Fouad, who advocated for striking workers and independent trade unions long before 2011, the German politicians are also calling for the release of novelist Ayman Abdel Moati, lawyer and trade union activist Haitham Mohamadeen and trade unionist Khalil Rizk. All four are detained on flimsy, terrorism-related charges.
As this blog has abundantly shown, Human Rights Awards have become an increasingly important tool in the protection of Human Rights Defenders. They give HRDs visibility and provide support and protection for those at risk. [see e.g. https://humanrightsdefenders.blog/tag/human-rights-awards/].
On February 2nd 2021 a new one-stop resource will allow to find and search human rights awards and their laureates.
The Digest of International Human Rights Awards and their Laureates, a unique centralised resource for the human rights community, gives visibility, strengthens legitimacy of human rights defenders’ work, and could influence authorities to better apply human rights. There are now 200 awards and over 2400 HRDs/laureates in the digests.
It will give researchers, students, activists, the media and the public a searchable overview on who has won which awards and their short profiles. The digest will allow people to filter (re)searches on laureates by, e.g. theme, prize, profession, country or region, gender, etc.
On February 2nd, 2021True Heroes Films will be launching the new platform to the public. See the clip below:
Today 18 January 2021, the Martin Ennals Foundation announced that three outstanding human rights defenders based in authoritarian states are nominated for the 2021 Martin Ennals Award.
In isolated Turkmenistan, Soltan Achilova documents human rights violations and abuses through photojournalism.
Imprisoned in Saudi Arabia, Loujain AlHathloul is a leading advocate for gender equality and women’s rights.
A lawyer, Yu Wensheng defended human rights cases and activists before his conviction and imprisonment in China.
The Finalists distinguish themselves by their bravery and deep commitment to the issues they defend, despite the many attempts to silence them by respective governmental authorities. The 2021 Martin Ennals Award Ceremony will celebrate their courage on 11 February during an online ceremony hosted jointly with the City of Geneva which, as part of its commitment to human rights, has for many years supported the Award. “Every year thousands of human rights defenders are persecuted, harassed, imprisoned, even killed. The Martin Ennals Foundation is honored to celebrate the 2021 Finalists, who have done so much for others and whose stories of adversity are emblematic of the precarity faced by the human rights movement today”, says Isabel de Sola, Director of the Martin Ennals Foundation.
“Authoritarian states tend to believe that by jailing or censoring human rights defenders, the world will forget about them. During the COVID-pandemic, it seemed like lockdowns would successfully keep people from speaking out. This year’s Finalists are a testament to the fact that nothing could be further from the truth”, says Hans Thoolen, Chair of the Jury.
In Turkmenistan, one of the world’s most isolated countries, freedom of speech is inexistent and independent journalists work at their own peril. Soltan Achilova (71), a photojournalist, documents the human rights abuses and social issues affecting Turkmen people in their daily lives. Despite the repressive environment and personal hardships, she is one of the very few reporters in the country daring to sign independent articles.
In Saudi Arabia, women still face several forms of gender discrimination, so much so, that the Kingdom ranks in the bottom 10 places according to the World Economic Forum’s Global Gender Gap Report 2020. Loujain AlHathloul (31) was one of the leading figures of the Women to drive movement and advocated for the end of the male guardianship system. She was imprisoned in 2018 on charges related to national security together with several other women activists. Tortured, denied medical care, and subjected to solitary confinement, Loujain was sentenced to 5 years and 8 months in prison on 28 December 2020. [see: https://humanrightsdefenders.blog/tag/loujain-al-hathloul/]
In China, more than 300 human rights activists and lawyers disappeared or were arrested in 2015 during the so called 709 Crackdown. A successful business lawyer, Yu Wensheng (54) gave up his career to defend one of these detained lawyers, before being arrested himself. Detained for almost three years now, Yu Wensheng’s right hand was crushed in jail and his health is failing. [see also: https://humanrightsdefenders.blog/2019/06/26/lawyers-key-to-the-rule-of-law-even-china-agrees-but-only-lip-service/]
Online Award Ceremony on 11 February 2021
The 2021 Martin Ennals Award will be given to the three Finalists on 11 February 2021 at an online ceremony co-hosted by the City of Geneva (Switzerland), a long-standing supporter of the Award. “The City of Genevareaffirmsits support to human rights, especially during these times of crisis and upheaval. Human rights are the foundation of our society, not even the pandemic will stop us from celebrating brave persons who have sacrificed so much”, says Member of the executive Alfonso Gomez.
HUMAN RIGHTS DEFENDERS are people who promote and protect the human rights of others, whether individually or in association with others. They are people who act with humanity, serve humanity and bring out the best in humanity. For all of these defenders, international and regional human rights mechanisms can protect and amplify their work and impact on the ground. This strategy has been developed in a context characterised by uncertainty and change, including a worsening climate emergency, a global pandemic and associated financial crisis, deepening inequalities, worsening authoritarianism and populism, as well as the erosion of multilateralism, and the rule of law. It is also a context characterised by increased awareness and action at the local, national, regional and international levels. Human rights defenders are mobilising around issues such as environmental justice, racial justice, gender equality, freedom of For many defenders working in restrictive national contexts, regional and international mechanisms may be the only platforms available. For these mechanisms to be effective, however, they need to be credible, accessible and responsive to defenders, providing them with a safe and influential platform from which to demand justice, push for accountability, and contribute to positive change. freedom of expression and association, access to information, democratic representation and participation, the redistribution of economic and political power, and state and corporate accountability for intersecting human rights violations and abuses.
On many of these issues, we are at an inflection point; a point at which the work of human rights defenders is perhaps more imperilled but more important than ever. For example:
ENVIRONMENTAL ACTIVISTS AND INDIGENOUS PEOPLES, whose knowledge is vital to live more responsibly and sustainably, are being killed and displaced for their work to prevent exploitation and to protect precious forests and oceans.
STUDENTS AND WORKERS mobilising online and offline to call for democratic freedoms and protest against authoritarianism are being surveilled, harassed and criminalised under abusive counter- terrorism laws.
SOCIAL MOVEMENTS taking to the streets to demand racial justice are being met with disproportionate force from police and security forces.
WOMEN’S RIGHTS ACTIVISTS are being detained and tortured in retaliation for their work to challenge patriarchy and demand an end to discrimination and violence.
AT-RISK MIGRANT ACTIVISTS AND HUMANITARIAN WORKERS who support migrant rights are being criminalised and prosecuted as threats to national security.
The freedom, safety and work of these and many other human rights defenders is vital to build a better future for all. The purpose of this Strategic Framework is to guide the effective pursuit of ISHR’s Vision, Mission and Values, and the achievement of ISHR’s Overall Goals. It articulates Strategic Goals and a framework for identifying priorities, and maps an organisational structure and working methods that will ensure agility and sustainability in a fast changing world. The strategy was developed through a highly consultative process over a 10 month period with extensive and invaluable inputs from human rights defenders, NGOs working at the national, regional and inter-national levels, human rights experts, and diplomatic and financial partners, as well as ISHR Board and staff. It is complemented with a results framework, and implemented through an annual activity plan and budget, and reviewed and updated on a biennial basis to ensure it remains relevant, responsive, ambitious and agenda setting. The framework provides the structure for our planning, monitoring, evaluation and learning process.
“OK,” I say to the children, “We are all overwhelmed in these corona days. Let’s decorate the house, the new year is coming. Down with the corona and with 2020. Let’s enter 2021 with hope. Come on, let’s make popcorn.” While I make the popcorn, I think of my dear friend Osman Kavala, who remains in prison.
I think back to an afternoon when a few human rights defenders had gathered. Whose turn was it to host us that day? “It’s me,” said Şeyhmus. “I’ll even buy you coffee.” Şeyhmus Gökalp, member of the Turkish Medical Association’s honorary board, is now in prison.
I know a walk would do me good. I go outside to get some air. I pick up pace as Leonarda Cohen sings – “Dance with me…” It’s cold outside, but the sun is shining, and I enjoy the birds on trees. I look at the beautiful sky.
I walk through Diyarbakır’s Bağlar district. Gentrification will begin here soon. I walk up to the building that used to host Kardelen Women’s Centre. I think back to the early 2000s, and the enthusiastic inauguration of Kardelen – literally translates to English as “snow piercer,” refers to the flower snowdrop.
After the opening, we grab a bite in a corner with the then-mayor of Diyarbakır, Gültan Kışanak, and Çağlar, a young employee of the centre. We look at the endless row of coffeehouses that have put their tables on the sidewalk, making it harder for women to walk down that street. “We will change this male-dominated mentality,” Kışanak says proudly. Çağlar is also hopeful for the future.
What should I cook tonight? I open a jar of canned vegetables I prepared with my loving mother. I’ll sauté them, and make some rice on the side.
“Mum, should we put out pickles too?” asks my son. Let’s do it. My pickles have been good this year. I open the lid and I pop one in my mouth.
Nedim wrote in a letter that he liked pickles. Journalist Nedim Türfent and dozens more are in prison.
I go to Diyarbakır’s Sur district. I go in and out of the streets of my hometown, which get stranger every day. Ruins on one street, upscale cafés on the next. A Starbucks a few yards from abject poverty and hunger.
Along the Hevsel Gardens a nice walking path has been put up. I find myself thinking about whose dream that was. “There will be days when we will walk along the Tigris,” says Selçuk.
Selçuk Mızraklı, elected co-mayor of Diyarbakır, will not be able to see his beloved hometown for 9 years, 4 months and 15 days, he is in prison.
With the coronavirus… I feel like I’ve been home for years. The feeling of being trapped and its friend despair surround me. I feel like I haven’t been able to breathe for a long time. I make coffee and go out to the yard. I look at the sky, the stars. I remember my childhood, us sleeping on the roof under the stars, how much hope we had.
Meanwhile, the former leader of the Peoples’ Democratic Party (HDP) Selahattin Demirtaş whispers something from his prison cell.
“When you lose hope, look up at the sky, the stars are still there.”
May 2021 bring good health, but also bring back our loved ones. Let it bring freedom to thousands of people who are imprisoned unlawfully. Let this new year bring us hope, and hope for my hometown that has been destroyed.
On December 10th the Norwegian Human Rights Fund celebrated Human Rights Day. Many have been heavily impacted by the #COVID19 pandemic, and others face even more risks for defending their #rights now than before. In this video, six human rights defenders (such as Ruki Fernando, Norma Ledezma and Asha Kowtal) from different countries (India, Sri lanka, Thailand, Mexico and Colombia) share their thoughts on the importance of the fight for human rights.
Raphael Satter reports on 22 December 2020 for Reuters that tech giants Google, Cisco and Dell on Monday joined Facebook’s legal battle against hacking company NSO, filing an amicus brief in federal court that warned that the Israeli firm’s tools were “powerful, and dangerous.”
The brief, filed before the U.S. Court of Appeals for the Ninth Circuit, opens up a new front in Facebook’s lawsuit against NSO, which it filed last year after it was revealed that the cyber surveillance firm had exploited a bug in Facebook-owned instant messaging program WhatsApp to help surveil more than 1,400 people worldwide. See also: https://humanrightsdefenders.blog/2020/07/20/the-ups-and-downs-in-sueing-the-nso-group/
NSO has argued that, because it sells digital break-in tools to police and spy agencies, it should benefit from “sovereign immunity” – a legal doctrine that generally insulates foreign governments from lawsuits. NSO lost that argument in the Northern District of California in July and has since appealed to the Ninth Circuit to have the ruling overturned.
Microsoft, Alphabet-owned Google, Cisco, Dell Technologies-owned VMWare and the Washington-based Internet Association joined forces with Facebook to argue against that, saying that awarding soverign immunity to NSO would lead to a proliferation of hacking technology and “more foreign governments with powerful and dangerous cyber surveillance tools.”
That in turn “means dramatically more opportunities for those tools to fall into the wrong hands and be used nefariously,” the brief argues.
NSO – which did not immediately return a message seeking comment – argues that its products are used to fight crime. But human rights defenders and technologists at places such as Toronto-based Citizen Lab and London-based Amnesty International have documented cases in which NSO technology has been used to target reporters, lawyers and even nutrionists lobbying for soda taxes.
Citizen Lab published a report on Sunday alleging that NSO’s phone-hacking technology had been deployed to hack three dozen phones belonging to journalists, producers, anchors, and executives at Qatar-based broadcaster Al Jazeera as well as a device beloning to a reporter at London-based Al Araby TV.
NSO’s spyware was also been linked to the slaying of Washington Post journalist Jamal Khashoggi, who was murdered and dismembered in the Saudi consulate in Istanbul in 2018. Khashoggi’s friend, dissident video blogger Omar Abdulaziz, has long argued that it was the Saudi government’s ability to see their WhatsApp messages that led to his death.
NSO has denied hacking Khashoggi, but has so far declined to comment on whether its technology was used to spy on others in his circle.
Hans Thoolen on Human Rights Defenders and their awards 