Posts Tagged ‘Human Rights Defenders’

UDHR at 70: human rights defenders are the key to celebration

March 6, 2018

The ISHR on 28 February 2018 made the following statement which seem obvious to the readers of this blog but it cannot be stressed enough: Human rights defenders risk their freedom and sometimes their lives to advocate for the rights of fellow human beings. On the occasion of the Human Rights Council’s High-Level panel commemorating the 70th anniversary of the Universal Declaration on Human Rights (UDHR) and the 25th anniversary of the Vienna Declaration and Programme of Action, ISHR stressed that the realisation of the UDHR depends on the work of human rights defenders and that States who restrict the work of defenders are in turn violating their obligations under the UDHR. 

2018 is not only the 70th anniversary of the Universal Declaration of Human Rights (UDHR) and the 25th anniversary of the Vienna Declaration and Programme of Action (VDPA), it also marks the 20th anniversary of the Declaration on human rights defenders which was adopted by consensus by the General Assembly in 1998.

The rights enshrined in the UDHR cannot be guaranteed without a safe and enabling environment for the people exercising and fighting to defend those rights. States who commit to guarantee the UDHR cannot restrict the work of defenders, nor fail to act upon their obligation to protect them.

20 years after the adoption of the Declaration, human rights defenders have perhaps never been more under threat. They are subjected to judicial harassment, arbitrary arrest and detention, torture, enforced disappearance, physical violence and even murder.

Defenders are also attacked when they bring their voices to the international community. Last year, a report by the Secretary-General found evidence of a strategy on the part of some States to prevent the activities of individuals cooperating with the UN. The report also highlights that the incidence of reprisals is becoming broader and that the means used are increasingly blunt…

“The realisation of the UDHR depends on the work of defenders, who risk their lives and their freedom to advocate for the rights of others,” said Salma El Hosseiny, ISHR’s Human Rights Council Advocate. “It is alarming that States are increasingly shrinking civil society space on one hand, and professing their commitment to guarantee the UDHR on the other hand“.  These unprecedented attacks against civil society and defenders amount to violations of the same rights to which they are advocating for.

States must translate their commitment to the UDHR by taking immediate and effective measures to ensure that defenders are able to carry out their legitimate human rights activities without any hindrance, to ensure accountability for all perpetrators, and access to remedies for victims.

The Human Rights Council plays an important role in contributing to the realisation of the UDHR on the ground. Accordingly, any proposals to strengthen or enhance the efficiency of the Council should be measured through the lens of increasing its impact, rather than the relatively insignificant time or money it may save. Finally, it is imperative that any legitimate process to strengthen the Council include the meaningful participation of civil society in all stages.

https://www.ishr.ch/news/hrc37-defenders-are-key-realise-universal-declaration-human-rights

see also: https://www.ishr.ch/news/hrc-consultation-civil-society-key-if-council-be-reformed-fit-purpose

Bangladesh Government depicted as “against human rights defenders”

March 5, 2018

Among the many (written) NGO statements issued during the current session of the UN Council on Human Rights in Geneva, this one by the Asian Legal Resource Centre stands out by describing a whole government apparatus as standing against independent human rights defenders. It was dated 26 

The Asian Legal Resource Centre (ALRC) wants to bring the situation of human rights defenders of Bangladesh to the attention of the United Nations Human Rights Council. The Government of Bangladesh stands against the human rights defenders with draconian legislations and various institutions and agencies of the State. Independent dissenting voices face systemic harassments. Given the circumstances, the human rights defenders have to work without any notion of protection while defending rights in the country. The threats against the human rights defenders are increasing as the 3rd Cycle of the Universal Periodic Review (UPR) is approaching.

The Government of Bangladesh has amended the existing laws and has adopted new laws with vague definitions and harsher provisions to stifle the human rights organisations and individual defenders along with other dissenting voices.

The incumbent government made the Foreign Donations (Voluntary Activities) Regulation Act 2016. This law not only intimidates the civil society actors but also prevents the expected outcome that the human rights organisations strive for achieving for the society. The law provides the NGO Affairs Bureau (NGOAB), a wing under the Office of Prime Minister, the power to review and cancel proposed projects by NGOs. A persons’ travelling out of Bangladesh in relation to the projects requires prior governmental approval. The NGO Affairs Bureau is authorised to scrutinise the activities through inspections and monthly coordination meetings by the representatives of the NGOAB while prior approval is also required for planned activities before receiving the grants. Without any judicial process the NGOAB is empowered to impose sanctions for alleged ‘non-compliance’ against any organisation or individual receiving foreign funds for voluntary activities. Such actions also include fines, disciplinary actions, and cancellation of registration of the NGO even for ‘derogatory’ remarks. The decisions of the NGOAB can only be brought before the Secretary of Office of the Prime Minister as an ‘appeal’. The law establishes the bureaucrats’ control over voluntary activities while Bangladesh’s bureaucracy has reputation for systemic corruption and abuse of power.

Bangladesh’s Cabinet has approved the Digital Security Bill-2018 on 29 January 2018. This Bill may be enacted in any day during the ongoing Session of the national parliament. This proposed law curtails both the freedom of press and the writ of human rights organisations. The police is authorised to arrest any person without a warrant of arrest issued by a Court of the country if the police officer believes that an offence is committed under this law. A person can be imprisoned for 14 years, with or without a fine of BDT 10 million for publishing any material online for ‘spreading negative propaganda against Liberation War or the Father of the Nation’ while there is no definition of ‘negative propaganda’ provided in the law. Publishing ‘false’ and ‘distorted’ information to tarnish the image of the State is punishable with three years’ imprisonment and with or without a penalty of BDT three hundred thousand. If a person is held for the second time for the same crime he or she will be imprisoned for five years with or without a penalty of BDT one million. Such provision will put the human rights defenders in grave danger, as they have to contest the official version of the State, which always denies allegation of human rights abuses and accuses the rights groups for ‘tarnishing the image of the State’. For example, the government and the law-enforcement agencies of Bangladesh deny every incident of enforced disappearances and each of extrajudicial executions while the human rights defenders and media explore and expose the truth.

Bangladesh Government, by default, protects the perpetrators of human rights abuses in a deeply rooted culture of impunity. The State prevents the basic institutions from functioning and serving the people with fairness. Instead, the incumbent government uses all the institutions, including the judiciary, as tools to secure its power at the cost of the lives and liberties of the ordinary people.

The participation of independent human rights organisations in the Universal Periodic Review (UPR) mechanism of the UN Human Rights Council makes them governmental targets for exposing the human rights realities. For example, Odhikar, a locally based human rights organisation, contributed to the UPR process during the first and second cycles in 2009 and in 2013. This rights group consistently documented the cases and pattern of extrajudicial executions, enforced disappearances, custodial torture, curtailing the freedom of expression and opinion, and denial of justice to the victims of gross human rights abuses in Bangladesh. The government started harassing this organisation for publishing a fact-finding report on a massive crackdown in May 2013. Its leaders were made the victims of the country’s first ever cyber crime case, which is still pending before a special tribunal incepted for holding trial of such cases. Their bank accounts are frozen and NGO registration’s renewal has been halted since mid 2014. The activists who are engaged in standing beside the victims of human rights violations remain under active surveillance by the intelligence and law-enforcement agencies.

Bangladesh is moving toward another general election by the end of 2018. The incidents of gross human rights abuses are also on the rise. The incumbent government is using the State’s law-enforcement agencies and judiciary to drive away the political opposition. The government has already started arresting the opposition activists arbitrarily as the main opposition leader is afraid to be convicted in controversial corruption cases. As days pass on more violation of human rights would deteriorate the situation requiring the human rights defenders to assist the victims. The activities of the rights groups would invite more reprisals against the human rights defenders, except those who directly or indirectly align with the incumbent government for their financial and political benefits.

Bangladesh’s system of governance is authoritarian and coercive by nature. The institutions – be it a constitutional body or a statutory entity – function according to the wish of the Prime Minister, as a supreme controller of everything. The universal normative principles of justice and good governance do not exist or work in this country. As a result, all the basic institutions constantly fail to act for the actual purpose of upholding the rule of law and facilitate functional democracy. The judiciary and the entire criminal justice apparatus, survive as mere facades. These facades facilitate the process of silencing the society’s vibrant voices.

The ALRC urges the Special Rapporteur on the Situation of Human Rights Defenders to request Bangladesh for sending invitation to the mandate for country visit. The Human Rights Council and the Office of the High Commissioner for Human Rights to focus on Bangladesh’s domestic human rights realities and intervene for the protection of victims from gross violation of rights.

For some of my other posts on Bangladesh see: https://humanrightsdefenders.blog/tag/bangladesh/

http://alrc.asia/bangladesh-government-stands-against-independent-human-rights-defenders/

Inter-American Commission on Human Rights launches major report on Human Rights Defenders

March 2, 2018

While all eyes are on the ongoing session of the UN Human Rights Council in Geneva, the Inter-American Commission on Human Rights (IACHR) – on 28 February – presented its report “Toward a Comprehensive Policy to Protect Human Rights Defenders,” in the context of the 167th session of the IACHR taking place in Colombia. The purpose of this report is to provide the States in the region with guidance in developing their domestic policies, programs, and protection mechanisms for human rights defenders, in keeping with inter-American human rights standards.

“The work of defending human rights in the countries of the Americas has become extremely dangerous,” said the President of the IACHR, Commissioner Margarette Macaulay. “The levels of violence against people who defend human rights in our region are alarming, and the rates of impunity for these types of crimes are very high. The focus of the IACHR’s concern is on the violent deaths of rights defenders, the impunity that tends to surround these types of crimes, and the remaining vulnerability of all persons and groups on whose behalf the defender had worked. This makes it essential and urgent for the States to adopt effective measures to put an end to this situation,” she added.

https://humanrightsdefenders.blog/2018/02/22/amnestys-annual-report-2017-is-out-depressing-but-rays-of-hope/

https://humanrightsdefenders.blog/2017/07/15/documenting-the-killings-of-environmental-defenders-guardian-and-global-witness/

…….

“We are aware of and welcome the efforts made by some States to implement different mechanisms, laws, and policies to protect rights defenders, but unfortunately these have not been effective enough,” said the IACHR Rapporteur on Human Rights Defenders, Commissioner Francisco Eguiguren. “That is why the IACHR in this report has laid out the main components of a comprehensive protection policy, so that such a policy can be effective and so that we can manage to stop the killings and other attacks that are putting an end to the lives of rights defenders or preventing them from doing their work. The aim of the IACHR is to provide the States with a guide on developing domestic policies, programs, mechanisms, and practices for the effective protection of human rights defenders, in accordance with Inter-American human rights standards,” he indicated.

A comprehensive protection policy is based on a recognition of the State’s interrelated and interdependent obligations to enable rights defenders to freely and safely carry out their work of defending human rights. In this sense, a comprehensive protection policy refers to a broad, all-encompassing approach that requires extending protection beyond physical protection mechanisms or systems when defenders experience situations of risk. It requires implementing public policies and measures designed to respect the rights of defenders; prevent violations of their rights; diligently investigate acts of violence against them; and punish the perpetrators and masterminds of any attack on human rights defenders.

The report also analyzes the main steps forward and challenges in terms of the efforts underway in some States, such as the national protection mechanisms, legislation, and policies and programs that exist in some countries. It also makes recommendations to the States on how to ensure better implementation of prevention, protection, and investigation measures to achieve a comprehensive protection policy.

..Human rights defenders are an essential pillar for the strengthening and consolidation of democracies in the hemisphere. Acts of violence against human rights defenders not only infringe on the defenders’ own rights as human beings but also undermine the critical role they play in society and in upholding democratic standards.

Contact info María Isabel Rivero, IACHR Press and Communication Office mrivero@oas.org

http://www.oas.org/en/iachr/media_center/PReleases/2018/039.asp

What a courageous woman! Vietnamese human rights defender pledges to fight on at home

March 1, 2018
Dissident Vietnamese blogger Pham Doan Trang is shown in an image provided by the website danlambao.
 Vietnamese blogger Pham Doan Trang is shown in an image provided by the website danlambao.com

A Vietnamese human rights defender and blogger – now under house arrest – says she will not travel outside the country to receive a human rights award in March, vowing instead to remain in Vietnam to work for change in the one-party communist state. Pham Doang Trang, author of a recently published book on political engagement that has angered Vietnamese authorities, wrote on Wednesday on her Facebook page that she will not attempt to go abroad to receive her prize, according to Radio Free Asia on 28 February 2018.

“I haven’t gone abroad and don’t plan to, not even for a few days to receive the Homo Homini Prize in the Czech Republic on March 5,” Trang said. “I will never leave Vietnam until Vietnam has changed.” “When one is like a fish that has been born in a dirty and polluted pond, one can either find one’s way to a nicer and cleaner pond nearby or to the vast ocean, or one can try to change one’s own pond to make it beautiful, breathable, and worth living in,” Trang said. “I choose this second option”.

[Trang received the 2017 Homo Homini Award from People in Need, an international human rights organization based in the Czech Republic. See : http://trueheroesfilms.org/thedigest/awards/homo-homini-award]

See also: https://humanrightsdefenders.blog/2017/11/18/overview-of-recent-campaigning-for-human-rights-defenders-in-vietnam/

https://www.rfa.org/english/news/vietnam/change-02282018145831.html

https://www.clovekvtisni.cz/en/what-we-do/human-rights-support/vietnam/the-homo-homini-prize-for-2017-will-be-awarded-to-a-persecuted-vietnamese-blogger-4888gp

EU entity report foresees funding problems for human rights defenders

February 27, 2018

On 26 February 2018 ProtectDefenders.eu published a report on the diminishing prospect of sufficient funding for human rights defenders.

With human rights, democracy and the rule of law around the world increasingly under attack, those who stand up to defend them have an ever-more central role to play in sustainable development and conflict resolution. As civil society space closes around them, and governments use repressive tactics to impede their work, human rights defenders (HRDs) often put their lives, liberty, and safety at risk, and require support and protection in order to go on. In a context where the level of need and demand from HRDs has significantly risen, increased support will be required in the coming years to meet the demands of HRDs operating in the context of a global backlash. The level of funding and support provided by international donor community no longer matches the magnitude of the needs of Human Rights Defenders, as observed in the ProtectDefenders.eu report on funding on support for HRDs, launched last January at a public seminar held in the European Parliament. Human Rights Defenders, in fact, are receiving declining support.

In its conclusion, this report shows the high volatility of the level of funding available for HRDs at risk, as well as worrying indications that public funding for HRDs may be set to decrease in coming years due to loss of support from traditional allies.

The main conclusions of this report are available on ProtectDefenders.eu website. 

ProtectDefenders.eu presents a report on funding available for Human Rights Defenders

Preview of Human Rights Defenders issues at the 2018 session of the UN Human Rights Council starting Monday

February 24, 2018

Thanks to the International Service for Human Rights I am able to give you a short overview of what issues directly relevant to human rights defenders are coming up in the 37th session of the UN Human Rights Council starting on Monday 26 February 2018. For the broader human rights view please follow the link at the end of this post.

Thematic

Protection of human rights defenders working in the context of people on the move

A few days ago I posted https://humanrightsdefenders.blog/2018/02/20/michel-forst-empowering-defenders-on-the-move-is-crucial-to-the-prevention-of-further-tragedy/ which refers to:

– the Global Compact for Migration which States will negotiate (in an open letter sent on 21 February, High Commissioner for Human Rights Zeid urged States to develop a compact that ‘explicitly recognizes and fully conforms to the existing international human rights framework as the authoritative protection agenda for all migrants’)

–  a thematic report on the situation of defenders of the rights of people on the move by the Special Rapporteur Michel Forst (read  ISHR’s detailed analysis)

– the OHCHR Principles and Practical Guidance for the protection of the Human Rights of Migrants in Vulnerable Situations (Principle 18 which states that States should ‘respect and support the activities of human rights defenders who promote and protect the human rights of migrants’)

– the Special Rapporteur on Torture’s report which is expected to focus on torture and other forms of ill-treatment in the context of migration.

Reprisals

During its last session, the Council adopted a resolution on reprisals. The resolution established a dedicated dialogue to address acts of intimidation and reprisals at each September Council session. Through the resolution, the Council also affirmed the particular responsibilities of its Members, President and Vice-Presidents to investigate and promote accountability for reprisals and intimidation.Reports of cases of reprisals not only continue, but grow in spite of the passage of this resolution, and the appointment of the UN Assistant Secretary General as the Senior Official on addressing Reprisals. As requested by Council Resolution 12/2, the General Debate under Item 5 of the Council is a key moment for States and civil society to raise and follow up cases of reprisals, and to push for accountability for such acts. [one of my favorite topics: https://humanrightsdefenders.blog/tag/reprisals/]

Other key thematic report will be the one by the body working on developing a treaty on business and human rights. The open-ended inter-governmental working group on transnational corporations and other business enterprises (known as IGWG), will present its third report to the Council. ISHR is concerned about the limited protection for human rights defenders in the current elements discussed at the last session. Any process towards drafting a business and human rights treaty should effectively prevent and respond to cases of reprisals.

Country-specific developments relating specially to HRDs:

Burundi. During the 36th session, the Council passed two resolutions on Burundi; one led by the European Union extending the mandate of the Commission of Inquiry and a second resolution by the African Group that requested OHCHR to urgently dispatch a team of three experts to engage with the Burundian authorities and all other stakeholders. Read here ISHR’s analysis of the two resolutions. At the 37th session, the Commission of Inquiry on Burundi will present an oral briefing to the Council. In addition, the High Commissioner will give an oral briefing of the Council on the mission of the OHCHR. Furthermore, the Secretary-General’s report on Burundi noted that OHCHR continued to receive allegations of serious human rights violations and abuses, primarily by the State and affiliated actors, including killings, enforced disappearances, torture and ill-treatment, more than 1,000 arbitrary arrests and detentions and restrictions on the freedoms of association, expression and movement. Burundi’s vice president criticised the report, suggesting that the Secretary-General has been transformed into an opposition member. ISHR and other NGOs continues to remain highly concerned about the human rights situation in Burundi and its refusal to cooperate with the Council’s mechanisms, which both clearly warrant an invitation to the General Assembly to consider the suspension of Burundi as a member of the Council. [see also: https://humanrightsdefenders.blog/2016/02/08/what-is-burundi-doing-in-the-un-human-rights-council/] For more information on the situation of human rights defenders in Burundi, check ISHR Briefing Paper for the UPR here.

China. Since Xi Jinping’s assumption of power in 2013, the situation for human rights defenders in China has gone from bad to worse. Five current cases illustrate the sense of impunity with which Chinese authorities trample on the rights of civil society actors. ISHR has discussed many of them in detail, but in short they include:

  • the baseless house arrest since 2010 of Liu Xia, a poet and the widow of Nobel Peace Prize Laureate Liu Xiaobo;
  • the prolonged detention of rights lawyer Wang Quanzhang, who has been held incommunicado, and without charge or access to lawyers since July 9, 2015;
  • the seizure and disappearance in January 2018 of bookseller Gui Minhai, a Swedish citizen previously forcibly disappeared from Thailand in October 2015;
  • the detention and prosecution for inciting separatism of Tashi Wangchuk, a Tibetan cultural rights and education advocate; and
  • the punitive disbarment in January 2018 and, later that month, arbitrary detention of Yu Wensheng, a prominent human rights lawyer.

see also: https://humanrightsdefenders.blog/2018/01/10/more-on-residential-surveillance-in-a-designated-location-rsdl-in-china/

Other country situations:

The Council will hear reports on and is expected to consider resolutions addressing a range of country situations, in many instances involving the renewal of the relevant expert mandates and the situation of human rights defenders. They include:

  • The High Commissioner will present his reports on Guatemala, Honduras and Colombia, Afghanistan and give oral updates on the situation of human rights in Haiti, Yemen, Ukraine, Libya, Democratic Republic of Congoand Democratic People’s Republic of Korea.
  • OHCHR will present its report on Cyprus and an oral update on Eritrea.
  • The Council will consider the written update of OHCHR on promoting reconciliation, accountability and human rights in Sri Lanka.
  • The Council will consider the report of the Commission of Inquiry on Syria and renew its mandate.
  • The Council will consider the report of the Commission on Human Rights in South Sudan and the report of the Special Rapporteur on the Democratic People’s Republic of Korea.
  • The fact-finding mission on the situation of human rights in Myanmar will present an oral update to the Council and the Special Rapporteur on Myanmar will also present her report to the Council.
  • The Council will consider the interim report of the Secretary-General on the situation of human rights in Iran and Cambodia.
  • The Council will hold an interactive dialogue with the Independent Expert on the Central African Republic.
  • The Independent Expert on Mali will present his report to the Council, who will also hold an interactive dialogue on the human rights situation in Mali.
  • The Council was intending to consider the report of the Special Rapporteur on Iran, Asma Jahangir, however due to her death, it is currently unclear whether and how the report will be considered. {see also: https://humanrightsdefenders.blog/2018/02/11/asma-jahangir-one-of-the-worlds-most-outstanding-human-rights-defenders-dies-at-age-66/]

The High Commissioner will present his annual report in the last interactive dialogue of his term. Read here ISHR and other regional and international human rights organisations’ open letter to the Secretary General on the selection process of the next High Commissioner. [see also https://humanrightsdefenders.blog/2017/12/22/bound-to-happen-but-still-high-commissioner-zeid-announces-he-will-not-seek-second-term/]

Universal Periodic Review (UPR): States to be reviewed

During this session the Council will adopt the UPR reports which list the recommendations the State under review is expected to implement of the following 14 countries: Czechia, Argentina, Gabon, Ghana, Peru, Guatemala, Benin, the Republic of Korea, Switzerland, Pakistan, Zambia, Japan, Ukraine and Sri Lanka. ISHR submits briefing papers regarding the situation facing human rights defenders in some States under review and advocates for the UPR to be used as mechanism to support and protect human rights defenders on the ground.

Appointment of mandate holders

The President of the Human Rights Council has proposed candidates for the following a number of vacancies of mandate holders to be filled at this session, including:

  • Special Rapporteur on the rights to freedom of peaceful assembly and of association
  • Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence
  • Independent Expert on the situation of human rights in Mali

 

Panel discussions

During each Council session, panel discussions are held to provide member States and NGOs with opportunities to hear from subject-matter experts and raise questions. All panel discussions will be broadcast live and archived on http://webtv.un.org. Seven panel discussions are scheduled for this upcoming session, including:

  • The annual high-level panel discussion on human rights mainstreaming will take place on 26 February 2018 from 16:00 to 18:00. This panel will discuss the challenges and opportunities of the promotion and protection of human rights in the light of the UPR mechanism. The concept note of the panel is available here.
  • High-level panel discussion on the seventieth anniversary of the Universal Declaration of Human Rights and the twenty-fifth anniversary of the Vienna Declaration and Programme of Action will take place on 28 February 2018 at 16:00 to 18:00. The concept note of the panel is available here.
  • Annual full-day meeting on the rights of the child will take place on 5 March 2018 from 09:00 to 11:00 and from 16:00 to 18:00. This panel will discuss the protection of the rights of the child in humanitarian situations. The concept note of the panel is available here.
  • Debate on promoting tolerance, inclusion, unity and respect for diversity in the context of combating racial discrimination will take place on 16 March 2018 at 09:00 to 11:00. This panel will be held in commemoration of the International Day for the Elimination of Racial Discrimination. The concept note will soon be made available here.

Side events. States and NGOs are holding a series of events. You can download the list of State events here and NGO events here. I will post on some of these separately.

https://www.ishr.ch/news/hrc37-key-issues-agenda-march-2018-session

Venice School Of Human Rights: program for 9-16 June 2018

February 23, 2018
Banner Venice School PCDN

The Venice School of Human Rights (created in 2010) wants to highlight that the respect for human rights is the responsibility of all, that “Human Rights are our responsibility”.

THE PROGRAMME

After a first joint session, participants will be divided in the three thematic clusters following the choice made upon enrollment. Clusters will focus on Business & Human Rights, Human Rights Defenders and Women, Peace and Security.

Cluster on Business & Human Rights: recent trends and developments

Under the leadership of Giulia Di Tommaso, an international lawyer with over twenty years of global experience in Legal and Public Affairs on a wide range of business issues, the course explores the interdisciplinary components of the Business and Human Rights agenda and provides thoughtful insights on the most recent developments from experts representatives from Academia, International Organizations and Institutions (EU, UN, FAO, OECD), and the private sector

Cluster on Human Rights Defenders

Under the responsibility of George Ulrich, Program Director of the European Master in Human Rights and Democratization (EMA), the cluster on Human Rights Defenders will review a cross-section of instruments, policies and coordination mechanisms that have been devised to protect and facilitate the work of human rights defenders. It will also explore possibilities for reinforcing the work of human rights defenders through a targeted engagement with international, regional and national human rights mechanisms as well as civil society organisations operative in areas intersecting with the work of local human rights defenders giving particular attention to contexts of imminent threat to human rights, notably conflict and post-conflict situations and situations of repressive governance, as well as sexual and gender-based violence.

Cluster on Women, Peace and Security in a growing extremist and militarised world: Agenda, implementation gap and the transformative approach & potential of CEDAW

The cluster under the leadership of Kalliope Agapiou-Josephides, Chairperson of the European Institute for Gender Equality (EU Agency) and former Vice-President of the European Inter University Centre for Human Rights and Democratisation will provide a state of the art critical appraisal on the Women, Peace and Security agenda in a growing extremist and militarised world and stimulate reflection on achievements, key challenges and ways ahead. Participants will have the opportunity to refine their knowledge on both empirically and theoretically informed analyses and highly benefit from discussions with experienced field activists, leading scholars and world-class decision-makers.

Opening and Closing Lectures

The Opening Lectures of the School will be held by Manfred Nowak, EIUC Secretary General and Dalia Leinarte, Chairperson of the CEDAW Committee. Manfred Nowak, Professor of international law and human rights at the University of Vienna, has been the United Nations Special Rapporteur on Torture and member of the United Nations Working Group on Enforced or Involuntary Disappearances. Dalia Leinarte, Professor of Family History at Vilnius University is the Director of the Gender Studies Centre at Vilnius University and  Member of the working group for Action Plan for the Implementation of UN Security Council Resolution 1325 on Women, Peace and Security.

The Closing Lecture of the School will be held by Ambassador Mara Marinaki, the Principle Gender EEAS Advisor on the Implementation of UNSCR 1325 on Women, Peace and Security. Ambassador Mara Marinaki is a law graduate from the University of Athens, and holds an LL.M in International Law from the Aristotelian University of Thessaloniki.

Dates: 9 – 16 June 2018

Application deadline: 23 April 2018

For any query about the Venice School of Human Rights you can drop a mail to veniceschool@eiuc.org or visit https://eiuc.org/school

https://pcdnetwork.org/blogs/venice-school-of-human-rights-4/

Amnesty’s Annual report 2017 is out: depressing but rays of hope

February 22, 2018

Amnesty International´s annual report, The State of the World’s Human Rights 2017, assesses the human rights situation in 159 countries and delivers a most comprehensive analysis of the state of human rights in the world today. Here follow some summaries form the media:

AI itself highlights in the launch on 22 February 2018, the deepening human rights crisis in the Americas.  “People across the Americas faced a deepening human rights crisis fuelled by growing government intolerance of dissent and increasing demonization in political rhetoric that cemented its status as one of the most violent and unequal regions in the world“, Amnesty International warned. Nevertheless, the organization found that a growing resistance movement of both first-time and seasoned activists provides real hope of reversing the slide towards oppression and fear.

The report highlights alarming trends for the state of human rights in the Americas, including:

  • High levels of violence that continued to ravage the region, with waves of unlawful killings, enforced disappearances and arbitrary detentions. In Mexico, more than 34,000 people remained missing, and extrajudicial executions were rife. A year on from Colombia’s historic peace agreement, violence was still a daily part of life, and an estimated 60,000 people were forcibly displaced due to armed conflict in 2017 alone, according to official numbers.
  • Venezuela continues to face a serious human rights crisis, fuelled by the escalation of government-sponsored violence to respond to the increasing social discontent created by rising inflation and a humanitarian crisis. Thousands of people were arbitrarily detained and there were many reports of torture and other ill-treatment.
  • Latin America and the Caribbean remained as the most violent regions in the world for women and girls, despite strict laws aimed at addressing the crisis. The region has the world’s highest rate of non-intimate partner violence against women, and the second highest rate of intimate partner violence.
  • Ongoing intimidation and attacks against community leaders, journalists and activists who stood up for human rights. Environmental defenders were among the most at risk. Of the 188 environmental defenders killed in 2017, 110 took place in the Americas, according to the NGO Front Line Defenders.
  • Deepening discrimination and neglect of the rights of rural communities and Indigenous Peoples, including their rights to their ancestral territory and to free, prior and informed consent on projects affecting them. From Peru to Nicaragua, national and transnational corporations sought to take control of land away from Indigenous Peoples and peasant farmers, affecting their livelihoods and contaminating their basic resources.
  • A rapidly out of control yet largely invisible refugee crisis as hundreds of thousands of people from some of the world’s most violent countries, including El Salvador and Honduras, were denied urgent asylum.

Yet these injustices have also inspired many more people to join long-standing struggles, and the report details many important achievements that human rights activists helped to secure. These include lifting the total ban on abortion in Chile and the approval of a law to help victims of enforced disappearances in Mexico find their missing loved ones. [see also my: https://humanrightsdefenders.blog/2017/12/31/2017-a-year-to-forget-for-human-rights-defenders-but-dont-forget-the-human-rights-defenders/]

“Last year proved that however disenfranchised people were, they refused to resign themselves to a future without human rights. Emerging social discontent inspired people to take to the streets, stand up for their rights and demand an end to repression, marginalization and injustice,” said Erika Guevara Rosas, Americas Director at Amnesty International The Americas was at the hub of this new wave of activism. The “Ni Una Menos” (“Not one woman less”) movement denounced violence against women and girls across the region, while survivors of gender-based and sexual violence in Argentina, Mexico, Jamaica, Peru, and many other countries took to the streets to protest against impunity for such crimes.

Protesters and refugees bear the brunt of ‘normalized’ violence: Hundreds of activists were killed last year as authorities sought to repress civil society and muzzle the media, the report says. Human rights defenders faced threats, harassment and attacks in most countries in the region, while states failed to protect them and acknowledge the importance of their work.

The injustice of President Trump’s cruel pledge to build a wall along the USA-Mexico border was emphasized by Central America’s ongoing refugee crisis. More than 50,000 people from Honduras, Guatemala and El Salvador sought asylum in other countries, thousands of whom were then apprehended at the US border. Mexico received a record number of asylum applications but repeatedly failed to provide protection to those who needed it – instead pushing people back to highly dangerous situations.

The numbers of people fleeing Venezuela rocketed as it faced one of the worst human rights crises in its recent history, fuelled by an escalation of government-sponsored violence. When the country’s crippling shortage of food and medical supplies sparked protests, the security forces’ heavy-handed response lead to more than 120 deaths.

Instead of trying to suppress people when they speak out, governments should address their concerns, said Amnesty International.

“We are witnessing history in the making as people rise up and demand justice in greater numbers. If leaders fail to discern what is driving their people to protest, then this ultimately will be their own undoing. People have made it abundantly clear that they want human rights: the onus now is on governments to show that they are listening,” said Salil Shetty, Secretary General of Amnesty International.

[for last year see: https://humanrightsdefenders.blog/2017/02/24/2017-10-need-to-reset-for-human-rights-movement/]

Interesting to note the different emphasis placed on the report such as in the Al-Jazeera article: “World leaders abandoning human rights: Amnesty”

World leaders are undermining human rights for millions of people with regressive policies and hate-filled rhetoric, but their actions have ignited global protest movements in response, a rights group said. US President Donald Trump, Russian leader Vladimir Putin, and China’s President Xi Jinping were among a number of politicians who rolled out regressive policies in 2017, according to Amnesty International’s annual human rights report published on Thursday. The human rights body also mentioned the leaders of Egypt, the Philippines and Venezuela. “The spectres of hatred and fear now loom large in world affairs, and we have few governments standing up for human rights in these disturbing times,” Salil Shetty, Amnesty’s secretary-general, said. “Instead, leaders such as el-Sisi, Duterte, Maduro, Putin, Trump and Xi are callously undermining the rights of millions.”  [see also my https://humanrightsdefenders.blog/2018/01/19/ai-welcomes-resistance-to-trumps-human-rights-policies/]

Radio Free Europe/Radio Liberty also focuses on the US angle: Amnesty International has taken aim at U.S. President Donald Trump and other world leaders the global watchdog says are abandoning human rights, accusing them of setting a “dangerous precedent” for other governments to follow. And then gives a useful summaries of countries in its region:

Central Asia

Afghanistan

Armenia

Azerbaijan

Belarus

Bosnia-Herzegovina

Georgia

Moldova

Russia

Ukraine

Adding  Iran and Pakistan.

 

Euronews obviously also focus on Europe:  Between eastern Europe’s “hostile discourse to human rights” and the rights of freedom of association and assembly put at risk in the entire continent, this year’s Amnesty International World Report warned that “space for civil society continued to shrink in Europe” and gives then a thematic overview of the key takeaways for Europe from the report.

https://www.amnesty.org/en/latest/news/2018/02/deepening-human-rights-crisis-spurs-new-era-of-activism-in-the-americas/
http://www.aljazeera.com/news/2018/02/world-leaders-abandoning-human-rights-amnesty-180221174518140.html
https://www.rferl.org/a/amnesty-international-trump-other-leaders-setting-dangerous-precedent-abandoning-human-rights/29055935.html
http://www.euronews.com/2018/02/21/-space-for-civil-society-continued-to-shrink-across-europe-report-says

Michel Forst: “Empowering defenders on the move is crucial to the prevention of further tragedy”

February 20, 2018

The ISHR in a piece of 16 February 2018 draws attention to tow complementary reports on the situation of human rights defenders in a migration context. They fit admirably with the outcry of 250 NGOs concerning Hungary referred to in my earlier post of today [https://humanrightsdefenders.blog/2018/02/20/250-ngos-address-letter-to-hungarian-parliament-regarding-restriction-on-the-work-of-human-rights-defenders/].

The first is the report, by UN Special Rapporteur Michel Forst, which examines the many ways in which human rights defenders are impacted by the current environment related to migrant and refugee flows. For example, defenders may become migrants or refugees as a result of the harassment and violence they face in their own communities or countries. ‘Empowering defenders on the move is crucial to the prevention of further tragedy‘.

The second is the OHCHR Principles and Practical Guidance for the protection of the Human Rights of Migrants in Vulnerable Situations, especially Principle 18 which states that ‘States must respect and support the activities of human rights defenders who promote and protect the human rights of migrants’.

Both document will be considered at the upcoming session of the UN Human Rights Council.

‘The two documents are fully complementary’, Sarah Brooks of the ISHR says. ‘The recommendations of the OHCHR and the UN expert have no daylight between them – their message is quite simple. In order for lives to be saved, States must ensure that human rights defenders and civil society can operate safely and without hindrance.’

Migrants – including migrant workers – who seek to stand up for their rights and those of others face unique threats, including deportation.  The case of Sujana Rana and Rose Limu Jee, two migrant domestic workers from Nepal who were detained and deported after advocating for freedom of association in Lebanon, is a prime example. And defenders in countries of destination – whether the Gulf, the United States, or many Member States of the European Union (e.g. Hungary) – find that their own governments may rollback protections or even funding for civil society and defenders when migration-related issues are the focus, or in the worst cases criminalise assistance to migrants and refugees.

Main challenges

  • Limits on access to migrant and refugee populations. This can appear as overt limits on physical presence in border areas or due to the remote nature of some areas where populations on the move are concentrated. This includes securitised border zones and offshore facilities.  In both cases, the real impact is to increase physical and financial barriers to access, preventing people on the move from accessing independent services and much-needed legal counsel.
  • Criminalisation. Some defenders struggle against risks of criminal prosecution both nationally and as a result of local bylaws, particularly registration requirements (based on geographic areas of work, for example). The overzealous application of existing law has also been sued to accuse people of harbouring or smuggling, when in reality the individual was engaged in humanitarian activity. This threat of criminal charges has a chilling effect, as does the decrease in funding for organisations working in this area (both anti-racism work and traditional legal aid centres).
  • The growing role of non-state actors.  Especially in some parts of Latin America, organised crime poses significant threats to defenders, as well as to States should they try to protect them. Businesses are also implicated, as the report notes particular types of private employment contracts which ‘gag’ service providers and impose outsized fines or criminal penalties for discussing the situation.  Finally, in cases where governments have outsourced certain services, tools like access to information requests (normally directed at public authorities) are no longer available.

http://www.ishr.ch/news/hrc37-global-community-must-recognise-defenders-people-move-says-un-expert

Click to access 201802_ohchr_principles_and_practical_guidance.pdf

250 NGOs address letter to Hungarian parliament regarding restriction on the work of human rights defenders

February 20, 2018
Bulgaria: 200 European Human Rights Organizations Protest in Hungary

More than 250 (!) human rights organizations protested today against the new laws proposed by the Hungarian Parliament aimed at limiting the work of NGOs helping refugees in the country. “We express our solidarity with civil society and all human rights defenders in Hungary – the brave people who are fighting for a more honest society,” reads part of the open letter  published by Amnesty International [the list can be consulted via the link below]. Today, parliament is going to discuss legislative changes that will impose new restrictions on non-governmental organizations in the country. It is expected that many of them will even be banned. According to the bills published last week on Parliament’s website, these organizations will be required to pay a 25% tax on all their foreign funding, and their workers will be banned from accessing refugee centers near the country’s borders.

The affected NGOs will also have to register with the Ministry of the Interior, which in turn will have the right to impose fines or deny them the right to work legally in Hungary. But to approve the changes, Prime Minister Viktor Orban’s government needs a two-thirds majority, which is not currently in parliament.

On 15 February 2018 the High Commissioner of Human Rights of the Council of Europe had already addressed the issue in a tough statement :

I am seriously concerned at the legislative package recently announced by the Hungarian government under the name “Stop Soros”. If adopted by Parliament, it will introduce further arbitrary restrictions to the indispensable work of human rights NGOs and defenders in Hungary. In a letter I sent to the Hungarian Parliament in May 2017, I set out my concerns regarding the then draft law on the Transparency of Organisations Supported from Abroad, which stigmatised a large number of organisations pursuing lawful activities in the field of human rights and introduced far-reaching restrictions on freedom of association in contravention of international human rights standards. I regret that instead of addressing those pressing human rights concerns, the Hungarian government appears now intent on intensifying stigmatisation and restrictions against NGOs working specifically on migration-related issues.

While I have not yet seen the final text of the proposed legislative package – changes to an earlier version I had examined were announced only the day before yesterday to make it “significantly stricter” – I am alarmed that it will aggravate the situation of freedom of association in Hungary even further. I understand that the changes made this week introduce mandatory licences for NGOs with a goal “to ensure that it is only possible to organise, support or finance migration in Hungary while in possession of a licence, which would be issued by the Minister of Interior following an assessment of the related national security aspects”. NGOs failing to abide by this requirement could be subject to sanctions, including a fine and ultimately dissolution. In addition, any such NGO that receives any amount of funding from abroad would be required to pay a 25% tax on such foreign funding.

The package also foresees the creation of “immigration restraining orders” that can be used to prevent any person deemed to “support the unlawful entry and residence of a third-country national” from accessing an 8-km zone from external borders – or even the entire Hungarian territory for non-nationals. Considering the context in which the proposed measures were conceived, there is an obvious risk that arbitrary restrictions may be applied on the freedom of movement of persons involved in refugee assistance at the border.

These proposed measures raise particular concerns because of the likelihood that they will be applied to organisations and individuals who carry out activities in the field of protecting the human rights of immigrants, asylum seekers and refugees that should be fully legitimate in a democratic society. Unfortunately recent public declarations of the Hungarian government referring to organisations which may come under the effect of the package only reinforce these concerns. In particular, the proposed package (which the government itself has named “Stop Soros”) follows a series of legal measures and stigmatising government rhetoric targeting entities funded or otherwise linked to Hungarian-American philanthropist George Soros, which carry out professional and important work in Hungary, including in the field of human rights.

Finally, I am alarmed at the escalating rhetoric used by the Hungarian government to portray NGOs and immigrants as a threat to national security. This discourse is stirring up among the population fears and intolerance towards foreigners and mistrust towards civil society organisations.

The proposed package of laws introduces administrative and financial burdens that constitute restrictions on freedom of association which cannot be regarded as necessary in a democratic society and are therefore at variance with international human rights standards. The package as a whole is stigmatising and is bound to have a chilling effect on NGOs but also their donors and individuals who work for or with them. I call once more on Hungary to refrain from penalising, stigmatising or putting at any disadvantage whatsoever NGOs, including those working in the field of migration, and to restore an enabling environment conducive to the work of human rights defenders.

The next day the UN High Commissioner for Human Rights labeled the law an “assault on human rights” and urged its government to uphold the right of freedom of association. It appeared to mark a further tightening of controls on groups “working on issues the government regards as against state interests, such as migration and asylum”, U.N. human rights spokesman Rupert Colville said. It represented “an unjustified restriction on the right to freedom of association and is a worrying continuation of the government’s assault on human rights and civic space,” he told a Geneva news briefing…

See also my earlier post: https://humanrightsdefenders.blog/2014/06/13/human-rights-defenders-in-hungary-not-yet-foreign-agents-but-getting-close/

https://www.amnesty.org/en/latest/campaigns/2018/02/in-solidarity-with-civil-society-in-hungary/

http://www.novinite.com/articles/188074/200+European+Human+Rights+Organizations+Protest+in+Hungary

https://www.coe.int/en/web/commissioner/-/commissioner-concerned-about-proposed-additional-restrictions-to-the-work-of-ngos-in-hungary

https://www.reuters.com/article/us-hungary-soros-law-un/hungary-anti-immigration-bill-an-assault-on-human-rights-u-n-idUSKCN1G0102