Posts Tagged ‘Human Rights Defenders’

Malawi: threats against human rights defenders

July 14, 2019

This is to draw attention to a long-runing battle between civil society and the authorities in Malawi.

The Human Rights Defenders Coalition (HRDC) says it will not be intimidated by arrests of its members. The coalition said on Friday it will continue demanding the resignation of Malawi Electoral Commission Chairperson Justice Dr Jane Ansah. Speaking at a press briefing at the HRDC Offices in Lilongwe, Vice Chairperson for HRDC Gift Trapence said his arrest has reinvigorated the coalition. “We will continue to fight for justice. They are not going to win and suppress this justice,” he explained. Trapence who was arrested for K7 million fraud on Tuesday and released on bail on Friday refused to comment on the case saying it is in court. The activist was arrested together with HRDC member Macdonald Sembereka. Trapence revealed that that HRDC members have been receiving threats from people who say they will torch the activists’ houses. He however stated that the HRDC will continue with plans to demonstrate two days a week until Ansah resigns. The coalition therefore encouraged people to join the protests in large numbers on Tuesdays and Fridays.

HRDC wants Ansah to resign saying she mismanaged the 2019 presidential elections in which President Peter Mutharika was declared winner.

See also: https://www.frontlinedefenders.org/en/cases/location/malawi

 

We will not be intimidated – HRDC  

Court releases Malawi activists Trapence and Sembereka on bail

HRDC women says anti-Ansah demos not gender issue

Harassment of migration human rights defenders in the US alleged by AI

July 8, 2019
(Photo by John Moore/Getty Images)

On 2 July 2019, Amnesty International said that the Department of Homeland Security (DHS) and the Justice Department are using the justice system to target illegal immigrant activists. “Amnesty International has found since 2018 that the United States (US) government has executed an unlawful and politically motivated campaign of intimidation, threats, harassment, and criminal investigations against people who defend the human rights of migrants, refugees and asylum seekers (‘migrant human rights defenders’) on the US–Mexico border,”

The London-based human rights organization interviewed 23 “human rights defenders” who claim they have being targeted by the U.S. government because of their work on behalf of immigrants. Of the 23 who were interviewed, 10 were put under a DHS watch list for their alleged involvement in human smuggling — criminal investigations that Amnesty International referred to as “dubious.” Others alleged instances of targeted harassment and intimidation at the hands of U.S. authorities. The people interviewed by human rights group included activists, lawyers and others who work to promote the interests of illegal aliens.

“The Trump administration’s targeting of human rights defenders through discriminatory misuse of the criminal justice system sets it on a slippery slope toward authoritarianism,” Erika Guevara-Rosasa, Americas director for Amnesty International, said in the report. “The US government is disgracing itself by threatening and even prosecuting its own citizens for their vital work to save the lives of people in a desperate situation at the border.”

See also: https://humanrightsdefenders.blog/2019/05/29/also-in-usa-helping-migrants-is-criminalised-scot-warren-in-court-on-29-may/. His case ended in a mistrial: https://theintercept.com/2019/06/12/felony-trial-of-no-more-deaths-volunteer-scott-warren-ends-in-mistrial/ But now faces a retrial: https://www.democracynow.org/2019/7/3/no_more_deaths_scott_warren_retrial

https://dailycaller.com/2019/07/01/amnesty-international-report-migrants/

https://www.amnesty.org/en/latest/news/2019/07/usa-authorities-misusing-justice-system-harass-migrant-human-rights-defenders/

116 Iranian Human Rights Defenders speak out against US-Iran military conflict

June 28, 2019
On 26 June 2019 th Center for Human Rights in Iran informed us that in response to soaring tensions between Iran and the United States, 116 Iranian human rights defenders and groups based inside and outside the country have signed a statement warning of the “devastating” consequences of a military conflict.

The impact of military action on Iran would “lead to an accelerated human rights and humanitarian crisis and would only serve to destabilize an already troubled region,” said the statement co-organized by United for Iran and the Center for Human Rights in Iran. The names of the signatories, including activists, lawyers, journalists, and lawyers, are to be found in the link below.

Following is the letter:

We, the undersigned Iranian and international human rights organizations and advocates, express grave concerns over the rising tensions between the United States and the Islamic Republic of Iran, which risks a military confrontation that would cause massive human rights harms. We urge all parties and international actors to take immediate and clear steps to prevent a conflict.

The impact of any military action in Iran, as we have seen in neighboring countries, would be devastating. It would likely lead to an accelerated human rights and humanitarian crisis and could only serve to destabilize an already troubled region. Only peace-focused policies that prioritize the rights and well-being of ordinary people in Iran and the region can provide meaningful, long-term benefits.

We have a deep understanding of the problems in Iran, including human rights challenges and corruption within some government sectors. We have dedicated our lives to strengthening the rights of women and girls, ethnic minorities, religious minorities, workers, journalists, university students, LGBTQ people, artists, and political prisoners in Iran. We have fought for the freedom of speech, freedom of religion, the right to a fair trial, socio-economic rights of the Iranian people, and an end to discrimination. We have consistently opposed Iranian authorities in their abuse of power and oppressive policies. It is from this perspective that we warn against the threat posed by military conflict.

We also fear that military action against Iran will be disastrous for millions of ordinary people and could lead to the type of violent sectarian civil conflict seen in neighboring countries. The instability of these conflicts and the extent to which they pit groups of people against each other has led to immeasurable human rights abuses.

Many Iran-based human rights defenders have expressed dismay that broad economic sanctions imposed by the US and the specter of war have already made their work more difficult. Many of them are struggling to make ends meet in a depressed economy, while their activities have become increasingly risky in a heightened security environment. The threat of war has strengthened support for the Iranian state’s security approaches and has been used as a pretext to crack down on activists. Minority communities, who have little space for civic activism, suffer the brunt of crackdowns at such times. Many Iranian human rights defenders fear that an actual military conflict would give the Iranian security forces an opportunity to finally put a complete stop to their advocacy efforts.

These concerns reflect some of the likely outcomes of any military confrontation in Iran, underscoring the need for peaceful and legal solutions to any tensions between states.

We urge all parties to show maximum restraint. We ask that the United Nations Secretary-General, the European Union, and the government of Japan, as well as countries in the region that have stepped in the past to foster peace, to intervene to prevent the outbreak of war and deepening human rights and humanitarian crisis.

Sincerely,

116 Iranian Rights Defenders Warn of “Devastating” Consequences of US-Iran Military Conflict

NGOs come out in support of India’s Lawyers Collective

June 27, 2019
UPDATE 11 July: https://www.news18.com/news/india/cbi-raids-senior-lawyers-indira-jaising-anand-grovers-home-offices-for-violating-foreign-funding-norms-2225819.html
On 26 June 2019, a group of 10 major NGOs issued a joint statement to the Indian Government that it should withdraw criminal charges against the NGO ‘Lawyers Collective’ and its representatives.They strongly condemn the filing of criminal charges against Indian NGO ‘Lawyers Collective’, its President, Senior Advocate Anand Grover, and other representatives. Criminal charges were filed by the Central Bureau of Investigation (CBI) on June 13, 2019, relying on an investigation report of January 2016 of the Union Ministry of Home Affairs (MHA). The MHA report has been challenged by Lawyers Collective in January 2017 and the case is under consideration by the High Court of Bombay.Lawyers Collective is a human rights organisation based in New Delhi with its registered office in Mumbai and was founded by noted Indian human rights defenders and lawyers Ms Indira Jaising and Mr Anand Grover. Ms Jaising and Mr Grover are senior advocates with an exceptional profile of public service, probity and personal and professional integrity as lawyers and as human rights defenders. Ms Jaising was an Additional Solicitor General of India between 2009 and 2014, and was also a member of the UN Committee on Elimination of Discrimination against Women (CEDAW) between 2009 and 2012. Mr Grover held the mandate of UN Special Rapporteur on the Right to Health between 2008 and 2014. Ms Jaising and Mr Grover, through Lawyers Collective, have advocated for advancing the rights of the most vulnerable and marginalised sections of Indian society, thereby upholding constitutional values as enshrined in the Indian Constitution.

Lawyers Collective’s registration under the Foreign Contribution Regulation Act, 2010 (FCRA) was first suspended on May 31, 2016, and its bank accounts frozen. The FCRA license was not renewed on October 28, 2016, and was cancelled on November 27, 2016. Lawyers Collective petitioned the High Court of Bombay to challenge the FCRA cancellation and non-renewal in January 2017 and March 2017, respectively. In January 2017, its domestic accounts were unfrozen. Lawyers Collective’s challenge to the FCRA cancellation and non-renewal are currently pending before the High Court.

Filing of criminal charges while the matter is under consideration by the High Court is a blatant misuse of its agencies by the Indian Government to target critical human rights work undertaken by Lawyers Collective and its representatives, often involving sensitive cases against Indian ministers and senior officials of the ruling political party.

On May 15, 2019, the MHA wrote to CBI for ‘further investigation as per law’ into the matter relating to Lawyers Collective. On June 13, 2019, the CBI solely relying on the impugned MHA report registered a First Information Report under the Indian Penal Code (IPC) relating to charges of criminal conspiracy, criminal breach of trust, cheating, false statement made in declaration and various sections under the FCRA and Prevention of Corruption (PC) Act 1988. Given that there has been no change in circumstances since 2016 and also no material or evidential basis to support the provisions invoked under the IPC and PC Act, the filing of criminal charges is a blatant act of reprisal against Lawyers Collective and its representatives.

Such actions by the Indian Government are contrary to its pledge at the UN Human Rights Council and its obligations and commitments under several international human rights treaties and declarations. The FCRA has been time and again criticised by human rights defenders and NGOs within and outside India for its regressive and unfair interference in the functioning of organisations. Indian human rights defenders have condemned the use of FCRA and the accusations of “foreign funding” to quash dissent and smear individuals and groups.

In his analysis of the FCRA in 2016, former UN Special Rapporteur on the Rights to Freedom of Assembly and Association Maina Kiai concluded that certain provisions of FCRA were not in conformity with international human rights law and noted that “access to resources, including foreign funding, is a fundamental part of the right to freedom of association under international law, standards, and principles, and more particularly part of forming an association”. In June 2016 Kiai joined the UN Special Rapporteurs on Freedom of Expression and on the Situation of Human Rights Defenders calling on the Government of India to repeal the regressive FCRA, which was being used to “silence organisations involved in advocating civil, political, economic, social, environmental or cultural priorities, which may differ from those backed by the Government.”

We strongly call upon the Indian Government to cease misusing the country’s laws, including the FCRA, against human rights defenders. In the specific case of Lawyers Collective, we urge the criminal charges be immediately withdrawn pending the decision of the High Court of Bombay. We appeal to the National Human Rights Commission of India to take cognizance of this matter and take immediate actions under the Protection of Human Rights Act 1993 (PHRA) and to undertake a legal review of the FCRA under Section 12 (d) of the PHRA.

We further call upon the Indian Government to put an end to all acts of harassment, including at the judicial level, against Lawyers Collective and Mr Anand Grover, as well as against all human rights defenders in India and ensure that they are able to carry out their activities without hindrance.

Signatory organizations:

Amnesty International
CIVICUS
Forum Asia
Front Line Defenders
Human Rights Defenders Alert
Human Rights Watch
International Federation for Human Rights (FIDH), in the framework of the Observatory for the Protection of Human Rights Defenders
International Service for Human Rights (ISHR)
South Asians for Human Rights (SAHR)
World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human Rights Defenders

——————————————————-

Pamela Philipose in The Wire gives a more detailed report: Backstory: Shrinking Spaces Need Expanding of Awareness; First they come for the human rights activists, and then they come for the defenders of human rights activists…

The filing by the CBI of a criminal case against the Lawyers Collective, a prominent legal resource organisation with a national and international reputation, has a significance that goes beyond the hounding of two prominent legal personalities, Indira Jaising and Anand Grover (‘After CBI Files FIR, Lawyers Collective Calls It an Attack on Free Speech’, June 18). It may well be a foretaste of what the new government has in store for those who stand up against state repression, or seek to expose malfeasance within the political, corporate and personal spaces.

The message could not have been clearer: the crackdowns that we witnessed in the first tenure of the Modi government – from the cancellation of registrations of hundreds of thousands of civil rights organisations to the incarceration under a draconian law of those supposedly linked to the Bhima Koregaon violence through elaborate police chargesheets – could manifest themselves with redoubled force during the second.

Also Read: After CBI Files FIR, Lawyers Collective Calls It an Attack on Free Speech

Significantly, this attempt to silence Jaising and Grover comes at a time when the independence of the judiciary is under tremendous strain from an executive seeking to bend the bench to its will (‘Centre’s Refusal to Elevate Justice Kureshi Raises Troubling Questions’, June 21). We have already seen a whistle blower police officer, critical of Narendra Modi, getting life imprisonment in Gujarat (‘Sanjiv Bhatt Case: In 16 Years, Gujarat Saw 180 Custodial Deaths – and Zero Convictions‘, June 21). The Gujarat dimension is conspicuous in all these instances, but there have been others like a rapper being hauled up for ‘sedition’ for her social media posts (‘Rapper Hard Kaur Charged With Sedition for Posts Against Adityanath, Bhagwat’, June 20) and journalists being thrown into Adityanath’s jails like hardened criminals (‘Editorial: The Yogi as Commissar‘, June 11).

Taken together, these recent occurrences may seem disparate in nature but point in the direction of an increasingly repressive state. This move to crush Lawyers Collective, when taken together with the arrest of the human rights defenders implicated in the Bhima Koregoan case, seems powered by a drive to wipe out human rights activism in the country.

Just a cursory look at the numerous petitions expressing outrage over the CBI move indicates the broad swathe of human rights Lawyers Collective has been involved in. Jaising and Grover have contributed significantly to changing the architecture of law and justice delivery in this country.

A petition from People’s Union of Civil Liberties, unequivocally condemned the move as a “brazen abuse of the process of law”, and noted that the organisation had “taken up important cases throughout the 38 years of their existence. In a separate statement, women activists recalled how “Indira Jaising, since the 1980s, has unwaveringly stood by the Constitution’s Fundamental Rights”, whether involving herself in the changes made to rape laws in 1983, securing inheritance rights for women as in the Mary Roy case, securing guardianship for single women in the Githa Hariharan case, battling sexual harassment in the Rupan Deol Bajaj case and campaigning for the formulation and enactment of the Domestic Violence Act.

Anand Grover and Indira Jaising.

It also applauded the battle Anand Grover has waged for over for two decades on behalf of the LGBTQI+ community in 2001 when a Public Interest Litigation was filed against Section 377 (IPC) and the way he “represented the Cancer Patients Aid Association and individuals against the patenting and pricing of drugs”, playing a key role in the formulation of The Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017.

LGBTQI+ citizens, groups, collectives, and organisations iterated that the Lawyers Collective has been central to “the very story of the movement against Section 377 of the IPC”; while the Bebaak Collective, representing a large section of Muslim women, underlined the fact that the “two most significant legal cases in recent times” involved the Lawyers Collective articulating the intrinsic rights of Muslim women in the triple talaq and female genital mutilation cases.

These petitions – and there were many others emerging from bodies of international human rights activists to national and international intellectuals – indicate that there is rising alarm over the way political elites in India are seeking to consolidate themselves through the capture and control of the institutions of power. But these petitions also indicate that information, such as the life’s work of Jaising and Grover, is not known beyond small professional and activist groups. Consequently, the dynamic to defend such work also remains confined to these circles.

This must change. The Jaising-Grover legacy needs to be taken to a new generation of Indians who may be unfamiliar with cases fought aeons ago, but needs to realise that their everyday rights have got strengthened because of stalwarts such as them. It is precisely in times of shrinking spaces that the attempt to build popular awareness on human rights and their defenders should take place.

The media has a major role in achieving this and that is why pieces such as ‘Documenting Anand Grover, Indira Jaising’s Fight for Human Rights Over the Years’ (June 20), are valuable. The point to remind ourselves as journalists is this: in many profound ways, the work of both journalists and lawyers, while having separate pathways, are both concerned with the investigation; argumentation on, and exposure of, wrong doing; and the delivery of justice. This makes it incumbent upon the media to closely follow the Lawyers Collective issue in the days and months ahead, because of the tremendous consequence it holds for justice delivery and human rights in India.

national human rights commission, nhrc, cbi, fcra, Foreign Contribution Regulation Act, fcra violations, india news, Indian ExpressNHRC said it had made it clear in the past that matters relating to FCRA violations are outside its purview.

The direction came on complaints filed by Henri Tiphagne, a human rights activist associated with Human Rights Defenders’ Alert and Maja Daruwala, Senior Advisor of Commonwealth Human Rights Initiative.

https://thewire.in/media/backstory-shrinking-spaces-need-expanding-of-awareness

Express News Service

Even Eritrean human rights defenders abroad are not safe

June 27, 2019
Amnesty International published on 27 Jun 2019 a report called “Eritrea: Repression without borders – Threats to human rights defenders abroad“

On 12 October 2018 the UN General Assembly elected Eritrea to be one of 47 member states of the UN Human Rights Council (UNHRC), despite its appalling human rights record. UNHRC membership comes with certain commitments, including the requirement to “uphold the highest standards in the promotion and protection of human rights, [and to] fully cooperate with the Council […]”. The Eritrean government falls far short of these requirements in practice – both domestically and internationally. This briefing highlights the routine and widespread use of harassment and threats by the Eritrean government and its supporters against Eritrean human rights defenders. See also: https://humanrightsdefenders.blog/2017/05/04/eritrean-born-journalist-dawit-isaak-awarded-2017-unescos-guillermo-cano-world-press-freedom-prize/

https://reliefweb.int/report/eritrea/eritrea-repression-without-borders-threats-human-rights-defenders-abroad

Lawyers key to the rule of law – even China agrees but only lip service

June 26, 2019

Lawyers have an essential role in upholding the Constitution and realising the rule of law – at the Human Rights Council 41st session this week, even China agreed. So why does the Chinese government continue to harass, intimidate and persecute lawyers who defend human rights ask 4 NGOs on 25 June 2019: Lawyers for Lawyers, International Bar Association, International Service for Human Rights and Lawyer’s Rights Watch Canada. In a joint statement the NGOs call on the UN expert on independence of judges and lawyers, and the Council and its members, to press for accountability.

‘The Chinese delegation recognised the need for balance in regulation between lawyers’ and judges’ rights, on the one hand, and their professional responsibilities, on the other hand’, says Sarah M Brooks, Asia Advocate at ISHR. ‘But it is hard to take this claim seriously, as Chinese authorities continue to adopt  abusive laws and measures, using them as a “sledgehammer” to restrict fundamental freedoms’.

This includes in particular lawyer Jiang Tianyong, who – since his nominal release from prison on 28 February 2019 – has been subject to invasive surveillance, restrictions on his freedom of movement, and refusal of independent medical exams. Worse, he is unnecessarily and inhumanely kept from joining his family in the U.S. [see also: https://humanrightsdefenders.blog/2017/11/21/jiang-tianyong-chinese-defender-of-defenders-sentenced-to-2-years-jail/]

The statement draws on research conducted by Chinese Human Rights Defenders and other partners into two ‘administrative measures’ that have had far-reaching consequences for lawyers on the ground.  The Measures on the Administration of Law Firms and Administrative Measures for the Practice of Law by Lawyers of Law Firms call on lawyers, law firms and regional bar associations not only to take measures to ensure that lawyers’ freedom of speech, both online and off, in professional and personal capacities, is not critical of the government. Furthermore, language added to one of the measures in 2018 specifically states that  ‘Law firms shall adhere to guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, adhere to and strengthen the comprehensive leadership of the Party over the work of lawyers, persist in preserving the authority and uniform leadership of the Party with Comrade Xi Jinping as its core, make support for the Party’s leadership and support for socialist rule of law basic requirements for the profession, and increase the conscientiousness and resoluteness with which lawyers as a group walk the path of socialist rule of law with Chinese characteristics’.

As a result of making comments that were deemed critical of the Chinese Communist Party, from January 2017 to January 2019, groups have documented cases of at least 26 lawyers and three law firms that have been punished for their opinion or expression, or by association with lawyers. This includes well-known rights lawyers such as Yu Wensheng, Wang Yu, Xie Yanyi and, just last week, Liu Xiaoyuan. 

[for the massive crackdown in 2015, see: https://humanrightsdefenders.blog/2015/07/29/the-remarkable-crackdown-on-lawyers-in-china-in-july-2015/]

 

—-

Full statement

Joint statement under Item 3: Interactive Dialogue with Special Rapporteur on Independence of Judges and Lawyers and the Independent Expert on SOGI

24 June 2019

Mr. Vice President,

We thank the Special Rapporteur for his report. We wish to highlight that many of the trends of restriction he notes also apply to lawyers. For example, across China, repression of human rights lawyers and legal activists continues. They are disappeared, detained, and denied basic rule of law guarantees.

Lawyer Jiang Tianyong is one example. Although he served his sentence for ‘inciting subversion of the State’, he now lives under constant police surveillance and with a serious medical condition.

What was his so-called ‘crime’? Representing fellow lawyers in court, investigating black jails, speaking out for victims of human rights violations and meeting with UN officials.

Mr Special Rapporteur, we are concerned about Chinese government actions to imprison and disbar lawyers who do not adhere to official ideology. The Chinese delegation raised earlier the need to uphold the Constitution – we couldn’t agree more. But problematic regulations passed in 2016 allow authorities to, inter alia, shut down law firms if they refuse to dismiss lawyers who express critical views, or who advocate for clients or causes unpopular with the Communist Party of China.

China’s claims to ‘faithfully uphold the rule of law’ are true only in relation to national laws created to authorize such government action. Chairman Xi has stressed the Communist Party’s control over the legal system, and has used the law to repress and punish those mandated to uphold and protect rights.

Yu Wensheng, Sui Muqing, Zhou Shifeng, Xie Yanyi, Li Heping, Wang Yu, Liu Zhengqing and Liu Xiaoyuan are only 8 out of at least 27 documented cases of human rights lawyers whose licenses have been invalidated or revoked since 2016, simply for fulfilling their professional duties.

In her UPR follow-up letter to the government, the High Commissioner identified key areas for improvement, including ‘guaranteeing an independent judiciary, fair trials, and access to legal counsel, releasing all human rights defenders, including lawyers’.

We call on you, Mr Special Rapporteur, and on this Council, to insist that China immediately stop all forms of harassment and persecution of human rights lawyers, including through administrative means, and unconditionally release those arbitrarily deprived of their liberty.

Thank you.

41st session Human Rights Council: Opening statement by High Commissioner Michelle Bachelet

June 25, 2019

On 24 June, 2019, the 41st session of the Human Rights Council started with an opening statement by UN High Commissioner for Human Rights Michelle Bachelet. I refer to the guide to human rights defenders issues published earlier: https://humanrightsdefenders.blog/2019/06/14/guide-to-human-rights-defenders-issues-at-the-41st-human-rights-council-starting-on-24-june/

The High Commissioner’s speech contained many topics including these:

……
I regret Saudi Arabia‘s dismissal of last week’s report by the Special Rapporteur on extrajudicial, summary or arbitrary executions. I also reiterate my strong condemnation of the mass execution of 37 men in April. Some were children when the alleged crimes occurred.

Iran continues to sentence children to death. I was appalled that the authorities sentenced and executed two boys under the age of 18 in April. I remain particularly concerned about the high number of child offenders on death row – possibly more than 85 individuals – with some at risk of imminent execution.

I take this opportunity to note and commend global progress with respect to the death penalty in this year, which marks the 30th anniversary of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty. The advances include recent ratifications by Gambia and State of Palestine; removal of the death penalty from the penal codes of Benin and Burkina Faso; and declarations of moratoria in Malaysia and the State of California.

..The inspiring and peaceful popular uprising in Sudan, with its call for democratic governance and justice, has been met with a brutal crackdown by the security forces this month. I regret that the Government has not responded to our request for access to investigate allegations of serious human rights violations by the joint security forces during the crackdown. They include reports that more than 100 protestors were killed, and many more injured, during and following the assault by security forces on a peaceful sit-in on 3 June. In addition, hospitals and clinics were reportedly raided, and medical staff assaulted. We have received allegations of rape and sexual abuse of both women and men during the crackdown, as well as information alleging that hundreds of protestors may be missing. I urge Sudan to grant access to my Office; to put an end to the repression of the people’s human rights; and to immediately end the Internet shutdown. The Sudanese people are entitled to express their opinions, and – like people everywhere – they have a right to live in freedom and at peace, enjoying the rule of law and the conditions necessary to dignity.

In Myanmar, evidence indicates continuing persecution of the remaining Rohingya people in northern Rakhine State, with little or no effort by the authorities to create conditions for the voluntary, safe and sustainable return of refugees. Although restrictions on humanitarian and media access in both Rakhine and in Chin State limit our access to information, the ongoing conflict there has included use of heavy weaponry, airstrikes and helicopter gunships by the military, with significant loss of life on all sides and severe impact on civilians. Based on allegations received, we fear that the conflict is being used as a pretext to carry out attacks against Rohingya civilians, and to cause further displacement. Some 35,000 ethnic Rakhine, Rohingya, Mro, Daignet and Khamee civilians have been internally displaced by fighting. The suspension of humanitarian aid by the government means at least 95,000 people have been cut off from life-saving assistance.

….
My Office is following the situation of human rights in the Philippines very closely. The extraordinarily high number of deaths – and persistent reports of extrajudicial killings – in the context of campaigns against drug use continue. Even the officially confirmed number of 5425 deaths would be a matter of most serious concern for any country. I welcome the recent statement by Special Rapporteurs calling for action by the Council. There should also be comprehensive and transparent information from the authorities on the circumstances around the deaths, and investigations related to allegations of violations. These could dispel any false allegations and help regain trust for the authorities.Human rights defenders, including activists for land rights and the rights of indigenous peoples; journalists; lawyers; members of the Catholic clergy; and others who have spoken out – notably the Special Rapporteur on the rights of indigenous peoples – have received threats, sometimes publicly, from senior Government officials. This creates a very real risk of violence against them, and undermines rule of law, as well as the right to freedom of expression.

In Portugal, where I attended an encouraging conference on drug policies and harm reduction, I also benefited from informative discussions on migration. Portugal’s open and forward-looking migrant policy aims to offer migrants easy access to social and legal assistance and encourages migrants to access the labour market. I visited a centre in Lisbon which offered free pre-school classes, alongside training courses and other support to migrant women aiming to set up their own companies. Ensuring that migrants are included and integrated brings many benefits for host communities, including net financial contributions: Portugal’s High Commissioner for Migration informed me that in 2017, migrants contributed 510 million euros more to the social security system than they took out. I invite all countries to consider learning from this example. Despite extensive disinformation campaigns regarding the supposedly damaging impact of migration on destination countries, close attention to the facts indicates that when their dignity and rights are respected, migrants can be strong drivers of successful economies and societies. We should recognize and cherish these contributions.

Instead, I observe a deeply unfortunate trend towards the criminalisation of basic human compassion for migrants, including those in situations of great vulnerability. The NGO Open Democracy reported last month that over 100 ordinary people in Europe have been arrested or prosecuted this year for acts such as feeding hungry migrants; helping them find shelter; or even assisting a pregnant woman to get to hospital to give birth. Similar prosecutions of ordinary people seeking to help individuals in distress have also taken place in the United States and elsewhere. Moreover, in several countries, new legal measures aim to penalise NGOs which rescue people drowning at sea.

Measures such as these clearly put the lives of children, women and men at risk. But they also put our societies at risk. They violate ancient and precious values that are common to us all, by penalizing compassion. Those who seek to help people in need should be honoured, not prosecuted. Caring should not be considered a crime, and this criminalisation of acts of basic human decency must be resisted. We have, all of us, a right – and even a duty – to help each other.

https://ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?LangID=E&NewsID=24724

Award for human rights defenders by PBI UK to Kenyan and Colombian defenders

June 23, 2019

Kenyan social justice activist Naomi Barasa and Colombian human rights lawyer Daniel Prado have won the first annual Henry Brooke Awards for Human Rights Defenders, created in 2018 by PBI UK and pro bono legal network the Alliance for Lawyers at Risk.

These awards are in honour of the life and legacy of Sir Henry Brooke – barrister at Fountain Court Chambers, founder of the Alliance for Lawyers at Risk and patron of PBI UK – who passed away in January 2018. They are presented annually to defenders who encapsulate the qualities Sir Henry most admired and reflected in his own life: selflessness, courage, and commitment to seeking justice for the oppressed and the marginalised. The award winners were selected by a panel of leading figures from the UK legal and human rights communities. For more on this award, see: http://www.trueheroesfilms.org/thedigest/awards/henry-brooke-awards-for-human-rights-defenders

Naomi Barasa was selected for the award in recognition of her remarkable determination and commitment to grassroots human rights work in the most disadvantaged social circumstances. Born in an informal settlement on the outskirts of Nairobi, Naomi was a close witness to street violence, police brutality, impunity and the overwhelming inequality of the slums. Her journey as a human rights defender has embedded her in the struggle to improve living conditions for Nairobi’s 2.5 million slum dwellers. Naomi was instrumental in the campaign that led to the passage of the Sexual Offences Act in 2006, and has acted as Campaigns Manager for the Right to Adequate Housing with Amnesty International since 2009. She has contributed to the adoption of legislation such as the Housing Bill 2011, the Evictions and Resettlement Bill and the Slum Upgrading & Prevention Policy. What motivates her work, she says, is “the resilience of the suffering people and the desire to see a different world. A world that has a mathematics of justice, not of inequality.”

Daniel Prado was selected as an example of a lawyer who has defied huge personal risk in order to pursue justice for the victims of human rights violations, oppose impunity and defend the rights of marginalised communities against powerful interests. He began his career by providing legal support to the family members of victims of enforced disappearance in the early 1990s and currently works with the Colombian NGO the Inter-Church Justice and Peace Commission (CIJP). Among other emblematic cases, Daniel represents victims of paramilitarism in the case of Los Doce Apóstoles (The Twelve Apostles), in which Santiago Uribe, brother of former President and Senator Alvaro Uribe Velez, stands accused of creating paramilitary groups responsible for more than 500 murders. Daniel’s involvement in this and other high-profile cases has seen him exposed to death threats, harassment and a public campaign of defamation and slander. Speaking of his work, he has said: “The risks in Colombia are unstoppable. I have taken many cases that have had consequences for a lot of people… we live in a constant state of anxiety about what can happen to us.”

PBI provides security and advocacy support to both Naomi Barasa and Daniel Prado, to help mitigate the risks they face as a result of their human rights work.

 

 

Business association amfori publishes statement in support of human rights defenders

June 21, 2019
 amfori is the leading global business association for open and sustainable trade, it brings together over 2,000 retailers, importers, brands and associations from more than 40 countries. On 20 June 2019 it announced that it had recently released a statement in support of human rights defenders. With the space for civil society to operate shrinking, and defenders of human rights increasingly under threat, amfori is taking steps to proactively advocate for the support of these actors. As a business association with a mission to support its member organisations ‘Trade with Purpose’, addressing human rights concerns linked to business operations and supply chains is a vital part of our work.

Its purpose is to express the collective support for the important work being done by human rights defenders, raise awareness on the growing challenges they face, and push both public and private authorities to protect and back human rights defenders. Amfori also continues to advance advocacy on related issues including child labour, due diligence, gender equality and climate change and build relations and engagement with state and non-state actors in this space.

See also my: https://humanrightsdefenders.blog/2019/01/21/davos-businesses-need-strong-human-rights-defenders/

https://www.amfori.org/news/supporting-human-rights-defenders

Speech by Commissioner Dunja Mijatović at RightsCon 2019, Tunis, about digital security

June 17, 2019

Council of Europe Commissioner for human rights, Dunja Mijatović, gave a speech at the world’s leading summit on human rights in the digital age, RightsCon 2019, in Tunis, on 11 June 2019:

…A recent article of the New York Times from the city of Kashgar showed the extent to which the Chinese authorities are using facial recognition and snooping technologies to keep a tight control of the Muslim community.  If you think that this does not concern you because it is happening far away, you would be terribly wrong. The Chinese experiment bears a great significance for all of us. It shows to what extent the cozy relations between technology companies and state security agencies can harm us. This has become particularly acute as part of states response to terrorist threats and attacks. States around the world have increased their surveillance arsenal, not always to the benefit of our safety. On the contrary, in several occasions they used it to silence criticism, restrict free assembly, snoop into our private life, or control individuals or minorities.

An illustration of this comes from human rights defenders. If in the past human rights defenders have been ahead of states in using technological progress to expose human rights abuses, now they are facing a backlash. As we speak, states and non-state actors are intercepting their communications, intrude their personal data, trace their digital footprint. States are using technologies to learn about human rights defenders’ plans or upcoming campaigns; to find or fabricate information that can help intimidate, incriminate or destroy their reputation; or to learn about their networks and sources.

This concerns us all. At stake here is the society we want to live in and bequeath to the next generations. Technology should maximise our freedoms and rights – and keep those in power accountable.

To get there we need to strengthen the connections among us and crowdsource human rights protection, promotion and engagement. An important step in that direction would be to provide more support, funding and digital literacy training to human rights defenders. It is also crucial that the private sector and state authorities uphold human rights standards in the designing and implementation of all technological tools.

Living in an increasingly digital world does not mean living artificial lives with artificial liberties. Our rights must be real, all the time.

We all must resist the current backlash and persist in demanding more human rights protection, more transparency and more accountability in the digital world.

https://www.coe.int/en/web/commissioner/-/2019-speech-by-dunja-mijatovic-council-of-europe-commissioner-for-human-rights-at-the-world-s-leading-summit-on-human-rights-in-the-digital-age-rights