Posts Tagged ‘Human Rights Defenders’

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Ray of hope: Lesotho court takes stand against defamation of HRDs

May 23, 2018

On Monday 21 May 2018, the Lesotho High Court (sitting as a Constitutional Court), in a unanimous judgment declared the offence of criminal defamation unconstitutional with retrospective effect. The case of Basildon Peta v Minister of Law, Constitutional Affairs and Human Rights and 2 Others. The case was brought by Basildon Peta, the owner and publisher of the Lesotho Times. He was charged with the offence of criminal defamation after the Lesotho Times in 2016 published a satirical column (the Scrutator) relating to the then-Commander of the Lesotho Defence Force, Tlali Kamoli.

Section 104 of the Penal Code provides that a person who publishes defamatory matter concerning another person commits the offence of criminal defamation. Mr Peta submitted that the offence constituted an unjustifiable limitation of the right to freedom of expression. The Court in its judgment confirmed that the onus of proving that the impairment of a right was justified rests on the government. Of concern to the Court was the over breadth of the offence, with a charge being possible even if no person other than the complainant became aware of the supposedly defamatory statement, and with the offence further extending to defamation of deceased persons. The Court further held that the defence that a defamatory publication was for the public benefit was too vague and could lead, as in this instance, to cases where satirical comments are criminalised.

The Court held that criminalising defamation has a chilling effect on journalistic freedom of expression, resulting in self-censorship by journalists and a less informed public. The Court cited with approval calls by the African Commission and United Nations Special Rapporteur on Freedom of Expression which encouraged states to repeal criminal defamation laws. The Court’s judgment follows in the footsteps of other African courts, including the ECOWAS Court, the Zimbabwe Constitutional Court and the Kenya High Court, which recently declared that the offence of criminal defamation violated the right to freedom of expression.

“We commend the Lesotho Constitutional Court bench for its brave decision, which makes a significant contribution to freedom of expression jurisprudence in the region,” said Anneke Meerkotter, Litigation Director of the Southern Africa Litigation Centre. “We are concerned by the ongoing use of criminal defamation laws against journalists and human rights defenders and hope that this decision will also send a message to other governments to reform their laws.“

The judgment is available online at http://www.southernafricalitigationcentre.org/2018/02/13/lesotho-challenging-the-offence-of-criminal-defamation/

http://allafrica.com/stories/201805221085.html

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Breaking news: Five Front Line award winners 2018 announced

May 18, 2018

Front Line Defenders today – 18 May 2018 – announced the five winners of its 2018 Award for Human Rights Defenders at Risk, naming Soni Sori (India), Nurcan Baysal (Turkey), the LUCHA movement (Democratic Republic of Congo), La Resistencia Pacífica de la Microregión de Ixquisis (Guatemala), and Hassan Bouras (Algeria) as the Regional Winners. Nurcan Baysal was also named the Global Laureate for 2018, and UN Deputy High Commissioner for Human Rights Kate Gilmore presented her with the Award during a ceremony at Dublin’s City Hall. 2018 marks an important change in format: instead of one winner Front Line Defenders now recognises defenders from five different countries as Regional Winners. [for 2017: https://humanrightsdefenders.blog/2017/05/26/lawyer-wins-front-lines-2017-human-rights-award-for-helping-crimean-tartars/]

“The defenders we’re honouring today work in some of the most dangerous areas of the world, sacrificing their own security to peacefully demand justice and human rights for their communities,” said Andrew Anderson, Executive Director of Front Line Defenders, as he announced the winners in Dublin.

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Nurcan Baysal, Turkey – Regional Winner for Europe & Central Asia & Global Laureate

Nurcan is a Kurdish journalist and human rights defender based in Diyarbakir. When the government launched a military offensive in the south-east in 2016, Nurcan spent months visiting Kurdish villages under bombardment, documenting human rights violations, and stopping to help families who’d lost everything in the conflict. Her writings are known for their critical focus on voice women living under the bombardment. When the authorities launched a military operation in Afrin, Nurcan took to social media to demand peace and condemn the violent assault. She was detained for speaking against the violence, and although later released she now faces up to 3 years in jail in a separate case related to her writing. Nurcan, according to authorities’ absurd claims, had “spread propaganda for armed terrorist organizations … and a call for provocative actions.” In addition to her reporting, Nurcan has also co-founded several NGOs, set up a camp to help Yazidi women fleeing the Islamic State, and been a key voice in countless reconciliation programs in the region. [see also: http://bianet.org/english/human-rights/197288-kurdish-journalist-baysal-wins-frontline-defenders-human-rights-prize]

 

Soni Sori, India – Regional Winner for Asia

Soni Sori is an indigenous and women’s rights defender in the militarised Bastar region of Chattisghar, India, where state-backed paramilitary forces are waging a violent campaign against local Adivasi tribes in the name of combating an armed Maoist insurgency. Soni documents and advocates against violence perpetrated by the paramilitary and police forces, which includes razing villages, burning homes, raping local women, and torturing and sexually assaulting tribes people detained without cause. Soni has also defended a number of educational centres from destruction by Maoist groups. In retaliation for her work, security forces detained and tortured Soni, pushing stones inside of her body and assaulting her for hours. Years later, men attacked her with acid and threatened to do the same to her daughter if she did not cease her advocacy on behalf of tribeswomen raped by the security forces. She has refused to stop her work, and continues to travel into the Maoist regions to speak with survivors of the ongoing conflict. [see also: https://feminisminindia.com/2018/05/18/soni-sori-wins-front-line-defenders-award/] and https://humanrightsdefenders.blog/2016/02/23/human-rights-defenders-in-india-democracy-is-not-enough/

Peaceful Resistance of the Micro-Region of Ixquisis, Guatemala – Regional Winner for the Americas

La Resistencia Pacífica de la Microregión de Ixquisis formed in response to grave rights violations committed in the name of economic advancement in Guatemala. The government has authorised destructive mining and hydroelectric mega-projects in the region despite the widespread opposite from the 59 villages and 7 communities in the municipality. HRDs in the Peaceful Resistance risk their lives to defend the territory. In 2016 alone, there were more than 75 reported attacks against HRDs in the Peaceful Resistance including killings, shootings, harassment, and defamation campaigns.

 

LUCHA, DRC – Regional Winner for Africa

LUCHA is a non-partisan youth movement formed in eastern Democratic Republic of Congo that struggles against chronic corruption and impunity in the DRC. Initially focused on

local issues like access to drinking water, electricity, and youth unemployment, in just 6 years the movement has developed into an extensive national-level network of powerful social organisers. Peaceful protests and demonstrations led by LUCHA are routinely attacked by authorities. In October 2017, 5 young protests were killed during a LUCHA-organised demonstration, and many of their members and leaders having been arrested and detained during peaceful assemblies. The Congolese national intelligence agency has detained several members, who have endured physical and psychological abuse in detention.

Hassan Bouras – Regional Winner for the Middle East & North Africa

Hassan Bouras is a journalist, blogger, leading member of the Algerian League of Human Rights, and founding member of the Rejection Front, a coalition against fracking to extract shale gas in Algeria. His reporting on both corruption and torture in Algeria spans more than two decades and because of this work he has been repeatedly targeted by Algerian authorities. He has continued his writing and advocacy despite years of judicial harassment, arbitrary detentions, violent raids on his home, and imprisonment.

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https://www.frontlinedefenders.org/en/front-line-defenders-award

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Human rights defenders in Asia suffer reprisals says Gilmour

May 18, 2018

On 18 May 2018 several newspapers – such as The Guardian and Scoop (NZ) – carried a piece by Andrew Gilmour, UN Assistant Secretary-General for Human Rights based in New York, which describes with great frankness how human rights defenders in Asia are under attack. To quote liberally:

In February, hundreds of Filipino participants in the peace process, environmental activists and human rights defenders were labeled “terrorists” by their own government. The security of the individuals on this list is at stake, and some have fled the Philippines. The UN independent expert on the rights of indigenous peoples – Victoria Tauli-Corpuz – was on this list. This followed the vilification only months before of another UN independent expert – Agnès Callamard – who deals with extra-judicial executions. Philippine President Rodrigo Duterte declared that he wanted to slap her, and later announced that he would like to throw other UN human rights officials to the crocodiles. The national Commission on Human Rights in the Philippines was threatened with a zero budget and its former chair, Senator Leila de Lima, is in detention for her advocacy. [see also: https://humanrightsdefenders.blog/2018/03/10/there-seems-to-be-no-limit-to-what-duterte-is-willing-to-say-and-may-get-away-with/]

…..If governments in the region can target high profile human rights defenders and those associated with the UN with impunity, what is the message to others at community level who are not afforded the same visibility? ..

In the run up to the 2018 national elections in Cambodia, the Government has cracked down on the opposition, independent media and civil society. ..

In Myanmar, there were reports of violent reprisals by Tatmadaw, the armed forces, against civilians who met with Yanghee Lee, UN independent expert on Myanmar, following her visit to Rakhine State. …..

Bogus accusations of abetting terrorism are a common justification that we hear from governments to defend the targeting of the UN’s important civil society partners. We have countless cases of advocates charged with terrorism, blamed for cooperation with foreign entities, or accused of damaging the reputation or security of the state.

I recently met with a group of human rights defenders from across South-East and South Asia about their experiences, which in some cases have been made worse by speaking out or if they share information with the UN. The stories about these reprisals were common – they have been charged with defamation, blasphemy and disinformation. They are increasingly threatened and targeted for their work, indeed some have been labeled as terrorists. There were also accusations of activists being drug addicts or mentally unwell.

Some governments feel threatened by any dissent. They label human rights concerns as “illegal outside interference” in their internal affairs; or as an attempt to overthrow regimes; or as an attempt to impose alien “Western” values.

Opposition to economic development and investment projects seems to incite particular ire. Agribusiness, extractive industries, and large-scale energy initiatives, including those that involve indigenous peoples’ land, often bear the brunt of the backlash.

Women’s rights activists and advocates of the rights of lesbian, gay, bisexual, transgender and intersex persons seem to be particularly targeted. Many are ostracized by their communities, labelled as outcasts, or branded as immoral. Sexual violence is part of this backlash, including rape threats.

Those working for religious freedom have been called ‘anti-Islam’, they and their families threatened or harassed. When advocacy for religious tolerance intersects with that of women’s rights and sexual freedom, the stakes can be even higher.

……

We are taking these allegations seriously, and addressing particular incidents of reprisals with governments. Civil society has to be heard – for the sake of us all.

For more of my posts on reprisals: https://humanrightsdefenders.blog/tag/reprisals/

http://www.scoop.co.nz/stories/WO1805/S00115/human-rights-advocates-in-asia-under-attack.htm

https://www.theguardian.com/commentisfree/2018/may/18/imprisoned-threatened-silenced-human-rights-workers-across-asia-are-in-danger

 

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Human rights defenders in Pakistan in targeted campaign of digital attacks

May 17, 2018

Activists in Pakistan are under threat from a targeted campaign of digital attacks, which has seen social media accounts hacked and computers and mobile phones infected with spyware, a four-month investigation by Amnesty International reveals.

In a report titled ‘Human Rights Under Surveillance: Digital Threats against Human Rights Defenders in Pakistan’, released on Tuesday, 15 May 2018, Amnesty reveals how attackers are using fake online identities and social media profiles to ensnare Pakistani human rights defenders online and mark them out for surveillance and cyber crime.

“We uncovered an elaborate network of attackers who are using sophisticated and sinister methods to target human rights activists. Attackers use cleverly designed fake profiles to lure activists and then attack their electronic devices with spyware, exposing them to surveillance and fraud and even compromising their physical safety, Sherif Elsayed-Ali, Director of Global Issues at Amnesty International, said. “Our investigation shows how attackers have used fake Facebook and Google login pages to trick their victims into revealing their passwords. It is already extremely dangerous to be a human rights defender in Pakistan and it is alarming to see how attacks on their work are moving online,” he said.

https://dailytimes.com.pk/240689/investigation-uncovers-sinister-hacking-campaign-targeting-activists-in-pakistan/

https://reliefweb.int/report/pakistan/pakistan-human-rights-under-surveillance

 

For some of my other posts on Pakistan see: https://humanrightsdefenders.blog/tag/pakistan/

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Poland and Israel: human rights defenders not welcome

May 9, 2018

For those who think that muzzling human rights defenders is an exclusively non-western affair, look at these examples: Poland and Israel.

On 9 May 2018 Katharina Rall, environment researcher at Human Rights Watch, critically looks at Poland‘s efforts to hamper the freedom of expression and demonstration by human rights defenders at the forthcoming climate summit, known as the COP24. It will bring together state parties to the UN Framework Convention on Climate Change (UNFCCC), and thousands of experts, journalists, businesses and nongovernmental groups.  UN experts cite concerns about the ban on spontaneous assemblies in Katowice during the talks, which will make it difficult for groups to respond to developments at the negotiations. In a letter sent to the Polish government last month they said that by “curtail[ing] the possibility of spontaneously expressing views about the unfolding of the climate talks and organizing peaceful assemblies to this effect”, the new law appears to go beyond the rights restrictions necessary to ensure security and safety at the conference. The UN experts also noted that the law “appears to give sweeping surveillance powers to the police and secret services to collect and process personal data about all COP24 participants”. This is a serious issue for the safety of climate activists at the summit. [The Polish government has yet to respond to the UN rights experts. But a reply from the Polish environment minister to similar concerns raised by the Bureau of the Aarhus Convention, a regional human rights and environmental body, has done little to dispel them.]

Just the day before, 8 May 2018, AP reported that Israel’s Interior Minister, Arieh Deri, has ordered the head of the local office of Human Rights Watch to leave the country within 14 days for allegedly supporting boycotts of Israel. HRW responded that it stands by Omar Shakir, a U.S. citizen of Iraqi descent, and accused Israel of trying to muzzle criticism of its human rights record. It says neither it nor Shakir support boycotts, and that it will challenge the decision in court. Iain Levine, a Human Rights Watch official, says Israel’s actions, such as compiling a dossier on Shakir, and “deporting human rights defenders is a page out of the Russian or Egyptian security services’ playbook.” [In April last year his appointment had already let to controversy, see: https://humanrightsdefenders.blog/2017/04/27/human-rights-watch-granted-israeli-work-permit-in-the-end/]

http://news.trust.org//item/20180509072953-izwk3/

https://abcnews.go.com/International/wireStory/israel-expel-human-rights-watch-rep-boycott-claims-55019948

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2018: Latin America still the graveyard for environmental human rights defenders

April 28, 2018

This blog has on several occasions drawn attention to reports that show that Latin America is among the deadliest places to be a human rights defender [e.g. https://humanrightsdefenders.blog/2016/01/06/latin-america-philippines-most-dangerous-places-for-human-rights-defenders/]. An infographic – published on 27 March 2018 by Latin America Press – summarises criminalization of land & environmental rights defenders in Latin America.

 
http://www.lapress.org/objetos/informe/48PI_criminalization-defenders-of-the-land.pdf
In 2016/17 an Amnesty International team took two trips to Peru and one to Paraguay and spoke with representatives of 10 human rights groups in Peru and 14 in Paraguay. AI concludes that environmental leaders are under constant threat. Authorities in Paraguay and Peru are unjustly criminalizing activists who speak out to protect their environment and land, an Amnesty International report released Thursday revealed. [see also: https://humanrightsdefenders.blog/2016/02/27/alarming-criminalisation-of-human-rights-defenders-in-latin-america/]

The report, A Recipe for Criminalization: Defenders of the Environment, Territory and Land in Peru and Paraguay, outlined the three “ingredients” both countries use to undermine the efforts of human rights defenders. First, they delegitimize activists through smear campaigns. Second, they apply laws and regulations that allow for forced evictions. And, third, they misuse the criminal justice system to prosecute activists for unfounded reasons.

“Those who bravely stand up to defend their land and the environment are frequently targeted because of their work. These attacks have a devastating impact on their physical, mental and emotional wellbeing, as well as that of their families and communities,” Amnesty International Americas director Erika Guevara-Rosas said in a press release.

The report included examples of how these ingredients combine on the ground. For example, Amnesty International highlighted the case of community activists working to protect their home in Peru’s Cajamarca region from the gold and copper Conga mining project. On 26 April 2013, police arrested 16 protesters on trumped up charges of abduction and coercion. The state prosecutor sought 30-year prison sentences. But the evidence presented was secondhand and so spotty and contradictory that a court dismissed the case in 2017.

In Paraguay, the Tekoha Sauce community of the Avá Guaraní People was evicted from their ancestral lands by a court order following a dispute with local businessman German Hultz. The community was forced onto a nature reserve where they struggle to survive because hunting and fishing is not allowed. During the court proceedings leading up to the eviction, their opponents stigmatized the indigenous community by referring to them as a “gang of criminals.”

On 24 April 2018, Front Line reported that on 19 April 2018, Olivia Arévalo Lomas, a woman human rights defender and spiritual leader of the Shipibo-Konibo indigenous peoples, was killed by unknown assailants just a few feet from her home in the community of ‘Victoria Gracia’, in Peru. The defender was shot in the chest and died instantly. Her body was left on the street in full view of her local community (https://www.frontlinedefenders.org/en/profile/olivia-arevalo).  The killing of Olivia Arévalo Lomas comes after a spike in violence, threats and intimidation against members of FECONAU communities in Ucayalí, such as Santa Clara de Uchunya. In the past six months, several members of FECONAU have been subjects of attacks. A representative of FECONAU, Edinson Mahua, was shot at close range and narrowly escaped serious injury, while community leaders in Ucayalí have received anonymous death threats. 

In the meantime Colombia has seen a spike in assassinations of human rights defenders in 2018, according to study by Colombian NGO Somos Defensores. A total of 46 human rights leaders have been killed so far this year, up from 26 in the same period last year; paramilitary groups were responsible for three of the killings, four were murdered by guerrilla groups and another four were killed at the hands of security forces. The investigative body also recognized a total of 132 acts of aggression against public defenders so far this year. Of the registered acts, there were 12 attacks, 66 death threats and one case of forced disappearance. The provinces in which the aggression occurred were predominately in areas at the heart of the country’s conflict, with Cauca, Antioquia and Norte de Santander figuring heavily in the statistics.

The UN has said it is “extremely concerned” about the increase in violence surrounding social leaders while Inspector General Fernando Carrillo has “urged” authorities to “assume their commitments to defend the lives of social leaders.” While the government has attempted to reel in the varying armed criminal groups responsible for a lot of these acts — as seen with the 2016 peace deal with the FARC guerrilla organisation, and ongoing peace negotiations with the ELN rebel group — it has clearly failed to provide basic security, and protect human rights defenders, rural community leaders and other social activists.

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https://www.ecowatch.com/environmental-activists-amnesty-international-2563882266.html

https://reliefweb.int/report/peru/recipe-criminalization-defenders-environment-territory-and-land-peru-and-paraguay

https://colombiareports.com/killing-of-human-rights-leaders-in-colombia-more-than-doubles-study/

https://www.business-humanrights.org/en/latin-america-infographic-summarises-criminalization-of-land-environmental-rights-defenders-in-the-region

Posted in AI, Front Line, human rights, Human Rights Defenders | 5 Comments »
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European Commission states that Turkey is taking “major steps” away from the EU

April 18, 2018

On Tuesday 17 April 2018 the European Commission released its most critical report on talks with Turkey since the country launched its bid to join the EU over a decade ago. The European Commission has warned that Turkey is taking “major steps” in the wrong direction and also warned that years of progress are being lost.

The report stated that “The state of emergency declared in the wake of the attempted coup of 15 July 2016 remains in force, aiming at dismantling the Gülen movement, designated by the government as a terror organisation responsible of the coup attempt, as well as at supporting the fight against terrorism, against the background of repeated attacks in Turkey, overall a traumatic period in Turkey.” The EU, while recognising Turkey’s legitimate need to take swift and proportionate action, said “However, the broad scale and collective nature, and the disproportionality of measures taken since the attempted coup under the state of emergency, such as widespread dismissals, arrests, and detentions, continue to raise serious concerns. Turkey should lift the state of emergency without delay.”

Turkish National Security Council (MGK)’s advice to extend the state of emergency will likely be approved by parliament. The state of emergency has so far been approved six times since the attempted coup in July 2016. ..Turkey “continues to take huge strides away from the EU, in particular in the areas of rule of law and fundamental rights,” European Commissioner Johannes Hahn in charge of negotiations told a news conference. “The Commission has repeatedly called on Turkey to reverse this negative trend as a matter of priority and makes very clear the recommendations on this in today’s report,” he said.

Among the key findings of the European Commission’s 2018 Report on Turkey are the following:

..

Since the introduction of the state of emergency, over 150 000 people were taken into custody, 78 000 were arrested and over 110 000 civil servants were dismissed whilst, according to the authorities, some 40 000 were reinstated of which some 3 600 by decree.

A State of Emergency Appeal Commission became operational and received altogether some 107 000 appeal requests. This Commission only started to take decisions in December 2017 and it has so far provided redress to only few applicants. Its decisions are open to judicial review. It still needs to develop into an effective and transparent remedy for those unjustly affected by measures under the state of emergency.

Beyond the Appeal Commission, the capacity of Turkey to ensure an effective domestic legal remedy in the sense of the European Court of Human Rights (ECtHR) has been further undermined by a number of unfortunate precedents. In one instance a lower court refused to observe a ruling of the Constitutional Court regarding an emblematic case; a follow up ruling by the Constitutional Court for one of the defendants was eventually abided with by a lower court. Several court rulings favorable to prominent defendants, including Human Rights Defenders, were swiftly reversed by another or even by the same court, in some instances following comments from the executive.

Key recommendations of the Council of Europe and its bodies are yet to be addressed by Turkey. Allegations of wrongdoing need to be established by transparent procedures and on an individual basis. Individual criminal liability can only be established with full respect for the separation of powers, the full independence of the judiciary and the right of every individual to a fair trial. Turkey should lift the state of emergency without delay.

……

Civil society came under increasing pressure, notably in the face of a large number of arrests of activists, including human rights defenders, and the recurrent use of bans of demonstrations and other types of gatherings, leading to a rapid shrinking space for fundamental rights and freedoms. Many rights‑based organisations remained closed as part of the measures under the state of emergency and an effective legal remedy has not been available with respect to confiscations…

The situation in the south-east has continued to be one of the most acute challenges for the country. The deteriorated security situation has in part shifted to rural areas. The government’s pledge to continue security operations, against the background of recurrent violent acts by the Kurdistan Workers’ Party (PKK), which remains on the EU list of persons, groups and entities involved in acts of terrorism, remained as a defining element of the situation in the region.While the government has a legitimate right to fight against terrorism, it is also responsible for ensuring the respect for human rights, rule of law, fundamental freedoms and the proportionate use of force. The government’s investment plan for the reconstruction of damaged areas in the south-east has resulted in the ongoing construction of thousands of dwellings but only few internally displaced persons received compensation so far. There were no developments on the resumption of a credible political process which is needed to achieve a peaceful and sustainable solution.

…

Turkey’s judicial system is at an early stage of preparation. There has been further serious backsliding in the past year, in particular with regard to the independence of the judiciary. The Constitutional amendments governing the Council of Judges and Prosecutors (CJP) entered into force and further undermined its independence from the executive. The CJP continued to engage in large-scale suspensions and transfers of judges and prosecutors. No efforts were made to address concerns regarding the lack of objective, merit‑based, uniform and pre-established criteria in the recruitment and promotion of judges and prosecutors.

The Turkish legal framework includes general guarantees of respect for human and fundamental rights, which have however been further challenged and undermined by a number of emergency decrees. The serious backsliding on the freedom of expressioncontinued, an area where Turkey is at an early stage of preparation. The scope of actions taken under the state of emergency has been extended over time to many critical voices, in media and academia amongst others, in contradiction with the principle of proportionality.

Criminal cases against journalists – more than 150 of them remain detained – human rights defenders, writers, or social media users, withdrawal of press cards, as well as the closure of numerous media outlets or the appointment by the government of trustees to administer them, are of serious concern and are mostly based on selective and arbitrary application of the law, especially provisions on national security and the fight against terrorism.

The Internet Law and the general legal framework continue to enable the executive to block online content without a court order on an inappropriately wide range of grounds. There was also serious backsliding in the areas of freedom of assembly, freedom of association, procedural and property rights. Freedom of assembly continues to be overly restricted, in law and practice. Measures adopted under the state of emergency also removed crucial safeguards protecting detainees from abuse thereby augmenting the risk of impunity, in a context where allegations of ill-treatment and torture have increased.

Emergency decrees imposed additional restrictions to procedural rights including on the rights of defence. The enforcement of rights is hindered by the fragmentation and limited mandate of public institutions responsible for human rights and freedoms and by the lack of an independent judiciary. Extreme poverty and a lack of basic necessities remain common among Roma households in Turkey. The rights of the most vulnerable groups and of persons belonging to minorities should be sufficiently protected. Gender-based violence, discrimination, hate speech against minorities, hate crime and violations of human rights of LGBTI persons are still a matter of serious concern.

…

Turkey made good progress in the area of migration and asylum policy and remained committed to the implementation of the March 2016 EU-Turkey Statement effective management of migratory flows along the Eastern Mediterranean route. As regards the implementation of the Visa Liberalisation Roadmap, at the beginning of February, Turkey submitted to the European Commission a work plan outlining how Turkey plans to fulfil the seven outstanding visa liberalisation benchmarks. The Commission is assessing Turkey’s proposals and further consultations with the Turkish counterparts will follow

..

Turkey needs to commit itself unequivocally to good neighbourly relations, international agreements, and to the peaceful settlement of disputes in accordance with the United Nations Charter, having recourse, if necessary, to the International Court of Justice. In this context, the EU has expressed serious concern and urged Turkey to avoid any kind of threat or action directed against a Member State, or source of friction or actions that damages good neighbourly relations and the peaceful settlement of disputes.

https://stockholmcf.org/report-by-european-commission-urges-turkish-govt-to-lift-state-of-emergency-without-delay/#prettyPhoto

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20th anniversary: UN work on human rights defenders assessed by ISHR

April 17, 2018
Since the adoption of the Declaration on Human Rights Defenders (1998), UN bodies have developed approaches to promoting the work of defenders and ensuring their protection.  However, this response has been insufficiently robust or coordinated, says the International Service for Human Rights (ISHR), one of the world’s foremost observers of the UN human rights system, in a piece published on 16 April 2018. Twenty years on, the situation for defenders in many countries around the world remains grave. [For earlier posts re the 20th anniversary of the HRD Declaration see: https://humanrightsdefenders.blog/tag/20th-anniversary-un-declaration-on-hrds/]

UN country missions and human rights mechanisms have developed some good practice in regard to the protection of human rights defenders (HRDs) but there is still much to be done to ensure a coherent, coordinated and courageous response. ISHR submitted findings on some aspects of the UN’s work on HRDs, to the Office of the UN High Commissioner on Human Rights (OHCHR) following its call for input. At country level, ISHR – along with partners Colombian Commission of Jurists and Ligue Tunisienne for Human Rights – found positive practice by OHCHR in encouraging the State to implement the Declaration.

‘In Colombia OHCHR has contributed to a collective understanding of who defenders are and what institutional changes may be needed to counter attacks against them,’ said ISHR’s Eleanor Openshaw. ‘While in Tunisia OHCHR has developed a database to systematise the process of follow up on UN recommendations.’  In other contexts, guidelines to steer bodies and representatives in country are often vague, with no mention of the Declaration as a key UN standard.

‘UN Resident Coordinators need to have an understanding of the Declaration on HRDs so they can ensure the protection of defenders is effectively integrated into their work,’ said Openshaw. ‘There is a gap between developments in key human rights mechanisms and country responses.’

Whilst there have been some positive developments connecting different parts of the UN system – for example the new UN Environment focus on environmental defenders, developed with the Special Rapporteur on HRDs – there is a lack of an informed or coordinated response in others. This points to the need for comprehensive UN-wide policies on the protection of defenders.

‘Ensuring coherence and effectiveness throughout the UN system in regard to the protection of defenders requires a strong steer from the very top –  the UN Secretary General,’ said ISHR’s Tess McEvoy. ‘We hope Mr Guterres will commit this year – the 20th anniversary of the Declaration–  to providing such leadership.’  The Special Rapporteur on Human Rights Defenders, Michel Forst has spoken of attacks against defenders ‘multiplying everywhere’.

Openshaw also stated: ‘The dangers for defenders are known. The UN system has good practice to build on – and it must – to fulfil its role in encouraging and demanding States realise their obligations to defenders.’

Contacts:  Eleanor Openshaw e.openshawATishr.ch;  Theresa McEvoy t.mcevoyATishr.ch

http://www.ishr.ch/news/promising-patchy-un-work-human-rights-defenders

Posted in books, human rights, Human Rights Council, Human Rights Defenders, ISHR, OHCHR, UN | 1 Comment »
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Update on Mansoor in UAE: after one year detention appears in court

April 13, 2018

Ahmed Mansoor – the Emirates’ most prominent human rights defender – finally has been taken to court after a year in arbitrary detention [see: https://humanrightsdefenders.blog/2018/03/21/emirates-one-year-later-human-rights-defender-ahmed-mansoors-whereabouts-remain-unknown/].

The Gulf Centre for Human Rights (GCHR) has finally received information about Mansoor, including the surprising news that his trial had already started in March 2018. There had been no news about him since September 2017. The second hearing took place on 11 April 2018, and as Mansoor still has no lawyer to defend him, no details about the exact charges are available.

In the weeks leading up to his arrest, Mansoor had used Twitter to call for the release of human rights activist Osama Al-Najjar, who remains in prison despite having completed a three-year prison sentence in March 2017 for his peaceful activities on Twitter; as well as prominent academic and economist Dr. Nasser bin Ghaith. The latter, who was jailed in a previous case with Mansoor in 2011, was also held incommunicado for nine months after his subsequent arrest in August 2015. He continued to be held in solitary confinement after court proceedings began, remaining in solitary for 19 months. On 29 March 2017, he was sentenced to 10 years in prison for critical comments he had made online about human rights violations in the UAE and Egypt. On 2 April 2017, Dr. Bin Ghaith began a hunger strike to protest his sentence, which violated his rights to freedom of expression and fair trial. On 25 February 2018, Dr. Bin Ghaith began another hunger strike to protest poor conditions in Abu Dhabi’s notorious Al-Razeen prison, a maximum security prison in the desert used to hold activists, government critics, and human rights defenders. On 2 April 2018, GCHR learned that Dr. Bin Ghaith had been forced to end his recent hunger strike earlier due to threats made by the authorities to restrict visits after news of his protest became known….

http://www.gc4hr.org/news/view/1829

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How China extracts televised “confessions” from human rights defenders

April 12, 2018
confessors collage

Safeguard Defenders says these confessions violate both domestic and international law as they are often filmed before detainees have been allowed their right to a fair trial. In some cases, the confessions were extracted before formal arrest. “They deprive the suspect of due process; infringing on the right to a fair trial, the presumption of innocence, the right to remain silent, the right not to self-incriminate and the right to be protected against giving a forced confession and torture.”

Many foreign nationals have been included in these confessions, which are aired on Chinese state television and, in some cases, by Hong Kong media. The monitoring group believes they are regularly used as “tools of propaganda” for both domestic audiences and as part of China’s foreign policy.

The report found that 60 percent of the confessions are from detainees who either worked in media – such as journalists, bloggers and publishers – or were human rights defenders, such as lawyers, NGO workers and activists. They are people whom the Chinese Communist Party (CCP) typically perceives as its enemies or critics and are usually charged with national security crimes or social order violations. The study also found that Chinese police regularly took charge of the so-called confessions. Routinely dictating and directing what the detainee should say and do, right down to the outfit they were to wear.

“The interviewees described how the police took charge of the confession from dressing them in ‘costume;’ writing the confession ‘script’ and forcing the detainee to memorise it; giving directions on how to ‘deliver’ their lines – including in one case, being told to weep; to ordering retake after retake when not satisfied with the result,” the report said.

As a result of their research, Safeguard Defenders has called on the Chinese authorities to immediately stop the use of televised confessions and ensure all detainees receive the legal protections enshrined in domestic and international law. The group also called on foreign governments to stress to Beijing that there will be “consequences for ongoing violations of fundamental rights and freedoms.”

State news channel CCTV was identified as the primary broadcaster for televised confessions. Sanctions, including travel bans and asset freezes, should be imposed on key executives of the media network, the group recommends. The network, along with others responsible for airing such confessions, should also be registered as foreign agents in other countries. According to the report, “media organizations that film, collaborate with police in the staged and scripted process, and broadcast these confessions… are as culpable as the Chinese state in committing this deceptive, illegal and human rights violating practice.”

https://qz.com/1249842/swedish-human-rights-activist-peter-dahlins-first-hand-account-of-how-china-extracts-confessions-for-tv/

https://www.standardrepublic.com/world/world-news-chinese-language-state-tv-which-operates-in-uk-and-us-produces-chilling-compelled-confession-movies-for-brutal-regime/

https://asiancorrespondent.com/2018/04/threats-torture-fear-rights-group-calls-for-end-to-chinas-televised-confessions/#crKm6uQdL4vf7sJS.97

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