Special Rapporteur on the human rights situation in Myanmar Yanghee Lee. UN Photo/Jean-Marc Ferré
On 18 March 2015 the United Nations Special Rapporteur on the human rights situation in Myanmar (Burma), Ms. Yanghee Lee, called on the country’s authorities to address ongoing challenges to the democratic reform process “before they undermine the success achieved so far.”
“I was very disturbed by reports on 10 March that excessive and disproportionate force had been used against students and other civilians and that 127 people were subsequently arrested,” Ms. Yanghee Lee said during the presentation of her first report to the UN Human Rights Council in Geneva. She welcomed the release of some detainees but also called for the immediate release of all the others. Further, Ms. Lee drew attention to the pressure on human rights defenders, including prosecutions under outdated defamation and national security laws, which have a “chilling effect on civil society activities.” “I am concerned journalists are still being interrogated and arrested, and that 10 journalists were imprisoned in 2014. This needs to stop if Myanmar wants to create a meaningful democratic space,.
..More needs to be done to address the underlying issues at the heart of the conflicts, including discrimination against ethnic minorities. Four bills currently before Parliament risk increasing tension, she emphasized.
“During my last visit in January 2015, I witnessed how dire the situation has remained in Rakhine state. The conditions in Muslim IDP [internally displaced persons] camps are abysmal and I received heart-breaking testimonies from Rohingya people telling me they had only two options: stay and die or leave by boat,” she said. Mrs Lee was verbally abused by a radical monk during her last visit, as reported on 21 January: https://thoolen.wordpress.com/2015/01/21/u-n-rapporteur-on-myanmar-called-whore-by-radical-buddhist-monk/
In his report, the Special Rapporteur on the situation of human rights defenders, Michel Forst, [presented to the 28th Session of the UN Human Rights Council on 9 March 2015 and published earlier as A/HRC/28/63] underscores that violations of freedom of expression are a central feature of attacks against human rights defenders.
As well as outlining his recent activities, the report sets out a clear and comprehensive “road map” for the issues the mandate will address during his tenure based on extensive consultations. In this regard, Michel Forst emphasises that he will interpret his mandate as broadly as possible, and identifies nine key themes he will address through his work. On this basis, he calls on all States to, inter alia:
Combat impunity for threats and violations aimed at human rights defenders;
Repeal laws criminalising the work of human rights defenders;
Pay particular attention to defenders “most exposed” to risk;
Cooperate with the mandate, including by responding satisfactorily to communications, and extending open invitations for country visits.
The Special Rapporteur expresses serious concerns regarding reprisals against defenders engaging with international human rights mechanisms. [E.g. of 34 defenders recently convicted or imprisoned in Azerbaijan as part of a broad campaign to suppress dissenting voices, NGOs such as Article 19 have noted that several have been targeted for their engagement with the Council of Europe and European Court of Human Rights. Ten NGOs have jointly called upon the Human Rights Council to address Azerbaijan under Item 4 of the Council’s agenda.]
Judiciary chief registrar Anne Amadi on June 10, 2014.pic\file
If true, the news in The Star of 3 March 2015 is good news for human rights defenders in Kenya. The chief registrar Anne Amadi said that the judiciary is set to prosecute more than 15,000 cases on human rights violations across the country, adding that the backlog and delay of cases over the years have greatly affected administration of justice, especially affecting human rights defenders.
“It is very unfortunate that the judiciary has never had clear policy frameworks to urgently deal with cases surrounding human rights violations and defenders,” Amadi said. Importantly, she added that the State has for years viewed human rights defenders’ pleas as criticisms and unpatriotic, hence used threats and physical surveillance to intimidate the human rights champions.
Amadi was speaking during the launch of a report on the situation of human rights defenders in Busia, Kwale and Marsabit counties.
On 27 February bdnews24.com in Bangladesh reported that the EU delegation said – at the end of three sub-groups meetings with the government – that victims of violence must get justice. The meetings discussed issues of governance, human rights and migration, trade and development cooperation under the framework of the 2001 Cooperation Agreement.
“Victims of violence deserve proper justice,” the EU said, pointing out that human rights’ is the “corner stone” of the EU-Bangladesh relations.
The EU delegation said the discussions between the Dhaka and Brussels were “open and constructive”. They exchanged views on a wide range of issues.
In particular, the need to protect the fundamental democratic rights of the people of Bangladesh was discussed, in view of the recent incidents of violence…The EU delegation also addressed the need to strengthen cooperation on democracy, governance and human rights, in particular, the implementation of the international human rights standards relating to the judiciary and freedom of expression.
Recent developments on rule of law, good governance, transparency, accountability for extrajudicial killings, freedom of the media, freedom of assembly and civil society were some of the issues of “mutual interest and concern” they discussed.
The focus of one sub-group meeting was labour rights, the rights of ethnic and religious minorities, the Chittagong Hill Tracts Peace Accord, the situation of the Rohingyas, women and children’s rights, the death penalty and migration issues. The EU reiterated the importance of protecting human rights defenders. Bangladesh’s membership of the UN Human Rights Council should be an opportunity to work more closely with the EU on promoting and protecting human rights.
“The EU and Bangladesh agreed to continue their dialogue on these issues.”
reports that on 11 February 2015, land rights defender Mr Chai Bunthonglek was shot and killed at his home in Chaiburi District, Thailand, by an unknown man. Reportedly, the perpetrator fired six bullets at the human rights defender.
[Chai Bunthonglek was a member of the Southern Peasants’ Federation of Thailand – SPFT, a network formed in 2008 to campaign for the right to agricultural land. Chai Bunthonglek is the fourth member of SPFT who has been killed. On 19 November 2012, Ms Montha Chukaew and Ms Pranee Boonrat were shot by unknown individuals near the village of Khlong Sai Pattana in Surat Thani Province. In 2010, Ms Somporn Pattaphum was also shot dead in the area.]
The killing follows the recent incommunicado detention of Mr Pianrat Boonrit, the President of SPFT, on 3 February 2015. The human rights defender was released by the military on 5 February 2015, reportedly on condition that he would mediate between the army and the Premsub Community, and urge the community to leave the area. Allegedly, Pianrat Boonrit was threatened with seven days’ detention if he did not convince the community to leave the land. The human rights defender had been arrested and detained when he presented himself at the Vibhavadi Rangsit Military Camp, Surat Thani Province, in response to a summons to attend an “attitude adjustment camp” for three days.
Front Line Defenders strongly condemns the killing of Chai Bunthonglek, which it believes to be directly linked to his peaceful and legitimate work in the defence of land rights. Front Line Defenders is gravely concerned for the physical and psychological integrity and security of Pianrat Boonrit and other members of SPFT.
Human rights lawyers and their clients stage a picket at the Supreme Court to mark the ‘Day of the Endangered Lawyer’ (photo courtesy of NUPL)
Human rights lawyersin the Philippines on Friday 23 January 2015 protested publicly against the growing death toll within their ranks as they marked the “Day of the Endangered Lawyer” by trooping to the Supreme Court. The protest spearheaded by the National Union of Peoples’ Lawyers [NUPL] and joined by the Integrated Bar of the Philippines was joined by lawyers’ and support groups that staged pickets or held dialogues at Philippine embassies and consulates in 23 cities in 11 European countries.
Figures show that, since attacks on legal professionals began being recorded in 1977, “100 lawyers have been attacked (57 since 2001) while 50 lawyers have been killed (41 since 2001).” “Nineteen judges have been murdered, 18 since 2001”
“Government must simply do its job: protect its citizens, categorically condemn these attacks on lawyers as human rights defenders; seriously and credibly investigate, prosecute and punish the perpetrators; and uphold human rights because the attacks on lawyers is not only an attack on the individual lawyer, it is an attack on the legal profession, and most fundamentally — in the context of the targeted assaults on human rights and public interest lawyers — an attack itself on the rights and interests of the mostly poor and oppressed in our country”
A petition <http://www.advocatenvooradvocaten.nl/wp-content/uploads/Petition-Day-of-Endangerd-Lawyer-2015.pdf> signed by lawyers organizations from Asia, Canada Europe and the United States calls on the Aquino government to prevent extrajudicial killings and all forms of harassment of lawyers and to end impunity by prosecuting perpetrators of rights violations. The petition also calls on the Aquino government to protect the safety of lawyers as provided for in the Basic Principles on the Role of Lawyers adopted by the General Assembly of the United Nations in 1990. Underlying causes for extrajudicial killings. The practice of labeling (classifying victims as ‘enemies of the state’), the involvement of the military in politics, the proliferation of private armies and vigilante groups and the culture of impunity have been identified by national and international fact-finding bodies as the main root causes for the alarming rate of extrajudicial killings, including the extrajudicial killings of lawyers, in the Philippines.
Away from the capital human rights violations against indigenous people and their human rights defenders also continue as demonstrated in 2 film documentaries:
“Gikan sa Ngitngit nga Kinailadman” (From the Dark Depths) records grave rights violations using interviews and recollections of the survivors and witnesses. The cases featured in the film remains unresolved; the perpetrators waiting for the next human rights defender to hunt. The film shows the atrocities of the military and paramilitary troops, including the armed agents of the agro-industrial corporations in the hinterlands of Mindanao.
-The first case presented in the film is the assassination of Gilbert Paborada—a Higaonon farmer in Bagocboc, Opol, Misamis Oriental. Daisy Paborada, the wife of Gilbert, and Joseph Paborada, his brother, reiterates how the struggle of their community against the entry of palm oil plantations of A Brown Company led to Gilbert’s death.
-The film also shows interviews about the harassment of the Lumad community in Opol as they suffer from the goons of A Brown Company. The harassments and intimidation breed the culture of fear and terror among the people who opt to protect their ancestral domain vis-à-vis the environment over money.
PHOTO taken during the shooting of “Gikan sa Ngitngit nga Kinailadman” in the mountains of Pantaron in Bukidnon. (RMP-NMR)
Dalena is also the director of Alingawngaw ng mga Punglo (Echo of Bullets) that exposed the criminal acts of the military under the infamous General Jovito Palparan, also known as ‘The Butcher.’ Palparan now is in jail, facing allegations of murder against human rights defenders.
Sr. Maria Famita Somogod, regional coordinator of Rmp-Nmr, said the film highlights political repression. The spate of human rights violations featured in the film is the reaction of the government to quell the legitimate dissent of the lumads against the entry of agro-industrial corporations in their ancestral domain. Somogod said the dissent of the lumads and farmers is legitimate. Their demands are to protect their ancestral domain against the encroachment of foreign corporations in the hinterlands. “Instead of seeds, bullets. Instead of food, bombs. Instead of peace, forcible evacuation. Instead of life, death,” Somogod said, adding this is what the ordinary lumads and farmers get for protecting the land of promise.
In the words of the author Anjo Bacarisas, in Sunstar of 25 January: at the end of the film one asks: How should we stop this appalling cruelty against the lumads and farmers?
The issue of impunity is pertinent to the protection of human rights defenders. For that reason I refer to an interesting development that follows the disclosures on torture and abduction by the CIA in the courageous Senate report. If only more countries were willing to investigate so publicly their own records (China, Russia?).
The Federal Prosecutor must investigate former CIA boss Tenet, former Secretary of Defense Rumsfeld and others – and should not wait until they are on German soil. Read the rest of this entry »
The UN special rapporteur on Human Rights Defenders, Michel Forst, has made a fast start with his mandate. Hardly back from Burundi and Morocco, he met with human rights defenders in Quezon City, Philippines as reported by InterAksyon.com on 6 December 2014.
(Special Rapporteur on Human Rights Defenders, Michel Forst, with human rights defenders in Quezon City – photo from Karapatan)
United Nations Special Rapporteur on the Situation of Human Rights Defenders Michel Forst indicated his interest in filing a request for an official visit after a two-hour meeting late last week with members of Manilakbayan, a contingent of indigenous peoples’ groups and advocates, and representatives of the human rights group Karapatan from Mindanao and Southern Tagalog.
Karapatan secretary general Cristina Palabay, in a statement, urged the international community and human rights advocates worldwide to “press the Philippine government to accede to the request of the UNSR-HRD to look into the numerous reports of attacks against rights defenders in the country.” Forst’s predecessors — Hina Jilani and Margaret Sekaggya — both submitted several requests to conduct an official investigation in the Philippines, but did not obtain official invitations from the government.
Coinciding with the 30th anniversary of the UN Convention against torture, the OMCT HAS launched its Campaign “10 Days of Activism against torture and ill-treatment” from the 1st to the 10th of December 2014. This is the first episode figuring human rights defender Adilur Rahman Khan, from Bangladesh. He was one of the 3 final nominees of the MEA 2014.
The Observatory for the Protection of Human Rights Defenders (joint programme of OMCT and FIDH) has, since 2013, launched more than 500 urgent interventions on more than 60 countries. Its 2014 Annual Report came out today in the context of the 3rd UN Forum on Business and Human Rights and focuses on “land rights defenders” who are increasingly the target of repressive measures. The pressure on land has become unbearable and mobilisation for the respect of the economic, social and cultural rights of affected communities has become a high risk activity.
Between 2011 and 2014, the Observatory documented 43 assassination cases targeting land rights defenders and the judicial harassment of 123 defenders, sometimes together with their arbitrary detention. These figures only reflect a small fraction of the real picture. All regions in the world are concerned, Asia and Latin America being the most affected. The Observatory found that authors of repression are often the police, the military, private security agents and “henchmen”. Their objective being to silence dissenting voices likely to slow down investment projects.
In addition to violence, numerous States also use judicial harassment and arbitrary detention to intimidate defenders. Thanks to laws that violate fundamental freedoms or in violation of their own laws, they jail any person deemed to be a nuisance. “Terrorism”, “misleading propaganda”, “infringement to State security”, “public unrest”, there are many abusive charges which can result in heavy prison terms.
Land rights defenders are often powerless when they face physical attacks and arbitrary arrests. According to the Observatory, 95% of violations against them remain unpunished today. Judicial bodies in countries where such violations occur are characterised by a lack of independence, resources and expertise. Regarding the possibility of prosecuting business corporations responsible for human rights violations, the legal battle – if any – is often lengthy, perilous, unequal and costly.
At the heart of the problem lies the issue of the participation of individuals and communities affected by the development policies and investment projects. The Observatory calls for meaningful consultations that ensure the direct participation of populations affected by the projects and the recognition of land rights defenders as the legitimate spokespersons in order to prevent conflicts and put an end to serious human rights violations. Furthermore, it is necessary to strengthen the capacity and independence of domestic judicial systems, including in States hosting the headquarters of business corporations, in order to allow defenders to access justice and seek redress in the event of human rights violations.
The Observatory also recommends to strengthen international law in order to trigger effectively the responsibility of business corporations when the latter commit human rights violations and to guarantee the adequate protection of land rights.
