Five international NGOs with strong credentials in the area of the fight against torture have written to the EU with sensible recommendations to be incorporated into the next Action Plan on Human Rights and Democracy. The main recommendations submitted on 19 November 2014 are: Read the rest of this entry »
Posts Tagged ‘impunity’
NGO recommendations on torture for the EU Action Plan on Human Rights and Democracy
November 24, 2014No more double speak for Peña Nieto’s Mexico
November 21, 2014On 21 November 2014 Ben Leather (Advocacy and Communications Manager at the International Service for Human Rights, who was previously Advocacy Coordinator for Peace Brigades International’s Mexico Project) published an extensive and fascinating piece on Mexico’s double talk when it comes to human rights defenders: “No more doble-cara: it’s time for Peña Nieto to practise what he preaches”.

(In Mexico, 43 students remain missing. How is this possible in a country known for its UN human rights advocacy? Demotix/Hugo Ortuño – Some rights reserved)
The key notion of the article in Open Democracy is summarized in the phrase: “How can Mexico lead the way internationally, when it cannot protect the basic rights of its own people?“. A contradiction laid bare also by Alejandra Ancheita’s Martin Ennals Award for Human Rights Defenders in October this year [https://thoolen.wordpress.com/2014/10/07/breaking-news-alejandra-ancheita-is-the-2014-mea-laureate/].
“On September 26, I delivered the final NGO statement to the United Nations Human Rights Council’s 27th session, celebrating some of the key resolutions passed after weeks of diplomatic arm-wrestling. As in previous experiences advocating at the UN since swapping Mexico City for Geneva, I observed Mexico’s firm commitment to strengthening international human rights norms through its diplomats’ constructive initiatives.
Yet that very same night, I also learned that Mexican police forces were suspected of disappearing 43 student protesters from Ayotzinapa college, after murdering six others at the scene. A month later, those students remain missing, while the role of Mexican officials in human rights violations is becoming increasingly apparent.
These contrasts are a microcosm of Mexico’s perverse doble-cara, or two-facedness, which has exasperated its civil society for decades. They demonstrate the schizophrenia of a reputed international human rights promoter that is also proven to repress, torture, disappear and kill at home. How can Mexico lead the way internationally, when it cannot protect the basic rights of its own people?
This contradiction was underscored when Alejandra Ancheita, Director of the Mexican human rights group ProDESC, won the acclaimed Martin Ennals Award and denounced the risks facing Mexican human rights defenders. Mexican journalist Lydia Cacho then visited the UN to put her own case of arbitrary detention and torture to its Human Rights Committee. She highlighted Mexico’s exemplary efforts to strengthen its own legal framework, but lamented appalling implementation. She also emphasised the role of corruption, drugs and people traffickers—in exacerbating the context of abuses.
The schizophrenia’s causes therefore, are complex. However, the cases of Ayotzinapa, Alejandra and Lydia are not only emblematic of the Mexican human rights paradox, but also of two crucial factors which prevent its cure: blanket impunity and unbridled risks for human rights defenders.
Mexico: la doble-cara of human rights
None of this, of course, is new. In the 1960s and 70s, successive Mexican presidents opened the doors to political refugees fleeing persecution in Europe and Latin America, while simultaneously disappearing, torturing andmassacring student activists, political opponents and guerrilla groups in theDirty War.
Under former president Felipe Calderón, Mexico became a member of the UN’s Human Rights Council, where it led and lobbied for resolutions on women’s, migrant and indigenous rights. It consistently promoted the protection of human rights defenders, and voted for UN action worldwide. Yet this was all happening while the Mexican State was failing to prevent systemic femicide, migrants were denouncing abuses by public security forces colluding with organised crime, and indigenous activists were condemning attacks by the army.
Calderón promulgated some excellent human rights policies, including a Constitutional Reform guaranteeing the domestic legal transcendence of international treaties. On the ground, however, the abuses multiplied: 80,000 people were killed and over 27,000 disappeared in six years of the “War on Drugs”. In many cases, there is considerable evidence that Mexican State actors were involved, but the lack of sufficient investigation leaves most perpetrators free and unidentifiable.
Under current President Peña Nieto, with his emphasis on structural economic reforms and on international investment, Mexico’s progressive reputation at the UN and the Organization of American States has consolidated. Time magazine’s controversial front page this February was emblematic of the international community’s willingness to overlook Mexico’s human rights abuses in return for business opportunities. However, the disappearance of 43 students in Ayotzinapa, along with the attempted cover-up of 22 civilians killed by Mexican soldiers in the town of Tlatlaya this June, mean that—like the mass graves in Guerrero State—Mexico’s human rights reality is being exposed.
Impunity: green light for human rights abusers
In December 2011, I participated in Peace Brigades International’s meetings with Guerrero Governor Angel Aguirre and federal authorities to demand accountability for the killing of two students from Ayotzinapa shot by police at a protest, with others arbitrarily detained and tortured. Aguirre promised justice, while Mexico’s Human Rights Commission deemed authorities at all levels guilty of abuses. Nevertheless, the local Attorney only imprisoned a handful of local policemen, who were soon released.
Exacerbating the large number of crimes in Mexico is the fact that 98% of them remain unsolved. The impunity of 2011 joined a longer list of unsolved violations and, echoing in a weak international response, sent a message that resonated with grave implications this September: in Mexico, you can murder and abuse activists without consequence.
The relevance of widespread impunity becomes even clearer when one realises that Aguirre last governed Guerrero when the 1998 El Charco Massacre saw the army open fire on indigenous community activists, killing 11. His predecessor had stood down following another massacre of activists, just as Aguirre did this October. Nobody was punished for either crime. Meanwhile Peña Nieto himself has been criticised for the excessive use of force, torture and sexual abuse by police officers against protesters in San Salvador Atenco, when he was governor of the state of Mexico. Impunity prevails.
Silencing those who dare to speak out
Alejandra Ancheita has faced defamation, threats and attacks for her work. Yet this is par for the course in Mexico, with at least 25 human rights defenders killed and 29 disappeared in the first 18 months of Peña Nieto’s government, which began—in December 2012—with the arbitrary detentions and excessive use of force by Mexico City police against those protesting alleged electoral fraud. The UN Office of the High Commissioner for Human Rights has documented that activists face threats, attacks, criminalisation, harassment and killings for their work, with aggressions carried out by a range of state, non-state and unidentified actors. Members of the ruling party have proposed a lawto jail protesting teachers.
In 2012, Mexican activists successfully lobbied for the passage of the Law for the Protection of Human Rights Defenders and Journalists, which reflects civil society input and international best practise. Yet the law’s implementation has been consistently undermined by administrative flaws, a lack of resources and—crucially, as identified by NGOs on the ground—an absence of political will at all levels. Government officials have not implemented the preventative organ promised by law, staff constantly rotate, and some activists complain that the same police forces attacking them are sent to protect them.
A shared schizophrenia
It is not only Mexico’s doublespeak that compromises global human rights protection. If the international public is appalled by abuses in Mexico, then it is time their political and diplomatic representatives began to condition aid, trade and political support on the evidence of real change on the ground. While the EU and the US have established human rights dialogues with their Mexican counterparts, activists complain that these serve only to legitimise, rather than impact, the free trade agreements with what the EU calls its “strategic partner”.
Meanwhile in Mexico, Peña Nieto must use Ayotzinapa as a catalyst to ensure his federal officials are clean, competent and accountable, and that they use their power to investigate and punish local level officials suspected of human rights violations. Ongoing abuses undermine not only the valuable efforts of Mexico’s diplomats, but the international system itself.
Resolutions and laws are not enough: those with leverage must demand implementation and otherwise attach a real political cost. By protecting human rights defenders and ensuring justice, Mexico can take steps towards safeguarding not only human rights on the ground, but the integrity of the entire human rights system.”
No more doble-cara: it’s time for Peña Nieto to practise what he preaches | openDemocracy.
Special Rapporteur on HRDs in first address to General Assembly: Combat reprisals and protect human rights defenders
October 17, 2014The report, which will be presented to the General Assembly in New York in the week of 20 October, sets out a vision and priorities for the mandate over the coming three years, including a focus on groups of human rights defenders who are ‘most exposed’ or at risk, such as those working to promote economic, social and cultural rights, the rights of minorities, the rights of lesbian, gay, bisexual, transgender and intersex persons, women human rights defenders, and those working on issues of business and human rights or on accountability for past violations. According to the Special Rapporteur, each of his ‘future thematic and mission reports will contain a specific section dedicated to analysing the development of trends and particular threats facing the most exposed groups’.
The report expresses grave concern at the related issues of lack of cooperation with the mandate by some States, and the intimidation and reprisals faced by many human rights defenders in connection with their engagement with international and regional human rights mechanisms. The Special Rapporteur is ‘struck by the number and gravity of threats’ against those who cooperate with the UN, the report says, including ‘threats against the defenders themselves or their families, defamation campaigns, death threats, physical violence, abductions, hounding by law enforcement, assassinations or various forms of harassment and intimidation by the police’. In this connection, the Special Rapporteur pledges to follow-up more actively and systematically with States in relation to the investigation and remediation of alleged threats and attacks against defenders.
The need to ensure accountability and combat impunity for attacks against defenders comes through as a strong theme in the Special Rapporteur’s report, with Mr Forst identifying that ‘it is partially because of the de facto impunity enjoyed by perpetrators of reprisals against defenders that the phenomenon grows and expands’ and pledging that ‘one of the main lines of his work will be to combat the culture of impunity’. It is likely that the Special Rapporteur will dedicate a forthcoming report to this topic.[for examples see: https://thoolen.wordpress.com/tag/reprisals/]
Building on the recommendation of the previous Special Rapporteur that States enact specific laws and policies to protect human rights defenders, Mr Forst’s inaugural report identifies a need to ‘intensify efforts to convince governments to develop specific national measures, following the examples of Brazil, Colombia, Cote d’Ivoire and Mexico’ and foreshadows a future study focusing on the importance of national laws and mechanisms and ways to improve their effectiveness. He also pledges to play a significant role in the identification and dissemination of ‘good practices’ in the implementation of the Declaration of Human Rights Defenders, including through a more visible social media presence for the mandate.
Finally, the Special Rapporteur identifies a need to further intensify cooperation with other UN mandate holders, together with the Special Rapporteurs on Human Rights Defenders appointed by regional mechanisms, including the African Commission on Human and Peoples’ Rights and the Inter-American Commission on Human Rights. In this regard, it is notable that the Special Rapporteur has already issued joint statements with other mandate holders, such as the Special Rapporteurs on Freedom of Expression and Freedom of Association and Assembly, on issues including the detention of Bahraini human rights defender Maryam Al-Khawaja, the use of anti-terrorism legislation to criminalise human rights defenders in Ethiopia, and the passage of draconian anti-protest legislation in the Australian state of Tasmania.
via Special Rapporteur: Combat impunity and enact laws to protect human rights defenders | ISHR.
Death Threats to Human Rights Defenders linked to peace process in Colombia
September 11, 2014(Alberto Yepes has been told he will be murdered for his human rights work. Photo: teleSUR)
According to Alberto Yepes, one of the human rights defenders named in the email, it is in the context of the peace process that the threats must be understood, because the powerful figures that stand behind the work of the country’s paramilitary groups are fearful of what may emerge from any truth commission set up following an agreement. “They sense the imminence of a peace process that will demand things be cleared up. These criminal organizations have been terrorizing the population and social organizations that will in some way have to discover who is behind all of that, and these groups see that as a threat,” said Yepes. Though the links between the threats and the peace process remain speculative, it appears emblematic that the 91 activists were told to leave the country by September 18 – the date set for a Senate debate into ties between paramilitary groups and elected officials.
via Death Threats to Activists Point to Fear Over Imminent Peace in Colombia | News | teleSUR.
NEWS: UN Human Rights Council agrees to start negotiating about a binding treaty against human rights abuses by corporations
July 11, 2014The NGO Aliran reports “Victory!” in describing today’s decision (11 July 2014) by the UN Human Rights Council UNHRC to start elaborating an international, legally binding instrument to regulate the activities of Transnational Corporations [TNCs] with respect to human rights. The resolution passed with twenty states in favor, fourteen mostly European states against and thirteen abstaining at the twenty-sixth session of the UN Human Rights Council. More than eighty nations and 500 organisations supported the resolution, which could bring about a legally binding treaty on businesses and human rights. Read the rest of this entry »
Human Rights Council concludes with missed opportunity to protect defenders working on corporate accountibility
June 30, 2014The always reliable Monitor of the ISHR wraps up the latest session of the UN Human Rights Council in Geneva with a comment on the Council’s missed opportunity to strengthen the protection of human rights defenders who work to corporate accountability for human rights violations: Read the rest of this entry »
DRC: Human Rights Defender shot and NGO office closed
May 30, 2014The Democratic Republic of Congo remains a terrible place for human rights defenders. These two recent events reported by Front Line make it abundantly clear:
1. Attempted murder of human rights defender Mr Leonard Lusimba
On 22 May 2014, human rights defender Mr Leonard Lusimba was shot in an attempted killing by a member of the Forces Armées de la République Démocratique du Congo – FARDC (Armed Forces of the Democratic Republic of Congo). He underwent surgery on 25 May, and a second operation will be necessary in the coming days. Leonard Lusimba is the regional representative of Collectif d’Actions pour la Défense des Droits de l’Homme – CADDHOM, an organisation which, since the 1990s, has worked to promote human rights and peace education in different regions of the DRC, in particular in the Eastern provinces of the country where a number of armed groups are still active.
[Over recent years, numerous Congolese human rights defenders have been killed as a result of targeted attacks. In the rare cases where serious investigations have been undertaken, they have often failed to lead to results, favouring impunity.]
2. Closure of the office of human rights organisation Solidarity for Social Advancement and Peace
On 21 May 2014, the Congolese human rights organisation Solidarité pour la Promotion Sociale et la Paix – SOPROP (Solidarity for Social Development and Peace) was closed by the Direction Générale des Impôts – DGI in relation to an investigation into allegations of tax fraud. The DGI declared that it needed time to reach a compromise with SOPROP, and proposed a settlement to SOPROP of 20% of the amount it allegedly owed in unpaid taxes. SOPROP rejected the proposal on the grounds that there was no basis for the amount originally demanded. The same day, SOPROP brought a complaint to the local Prosecutor’s Office, which identified irregularities in the procedure and ordered that the medical centre be reopened. The office, however, remains sealed, and it is unknown when it will be reopened
[SOPROP is an organisation which, since its foundation in 1994, has supported victims of torture and other violence through medical, social and legal assistance. The organisation is also known for its activities in human rights education, particularly in schools, as well as for its investigations into human rights violations and corruption. In 2011, SOPROP had published a report on the corrupt practices of state companies in Kinshasa, which highlighted agencies of the DGI, amongst others.]
For previous posts on DRC: https://thoolen.wordpress.com/tag/congo-drc/
Have human rights defenders encountered the end of their shaming powers?
May 25, 2014It is late in the weekend but perhaps you still find time for an interesting long read by Suzanne Nossel, the Executive Director of the PEN American Center. She wrote this for Foreign Policy and it was reprinted in the Pittsburgh Post of 25 May. The article is a good overview with what has gone wrong recently with an increasing number of world leaders showing not to care much about human rights (accusations), an attitude which she dubs “imperviousness”. I am personally not convinced that this is an unstoppable tendency but we seem indeed to be in quite a dip compared to say a decade ago when it comes to the restraining power of the human rights movement. So the depressive conclusion of this relatively long piece is not too unexpected: “The traditional tools of human rights activism — exposes, media attention and pressure from mostly credible Western governments — are falling short when it comes to some of the major challenges of the day. It is as if an expanding group of leaders has built up antibodies and these leaders can now resist where they previously would have succumbed. While it’s not time to give up on the traditional treatments, human-rights defenders need to get into the lab quickly and develop some new tactics before the virus of imperviousness spreads even further.” It would be interesting to get views from others on this question.
Why so many rulers are impervious to shame – Pittsburgh Post-Gazette.
Inter-American Commission on role of Human Rights Defenders in Trinidad & Tobago case
May 15, 2014It is not often that we can write about Trinidad and Tobago but when the Inter-American Commission on Human Rights [IACHR] calls on Trinidad and Tobago “to fully investigate and prosecute” those responsible for the murder of prominent Senior Counsel, Dana Seetahal, there is a good reason. The former state prosecutor and magistrate, was shot and killed on 4 May. This is reinforced by the legal reasoning of the IACHR which recalls “”. ….in this sense, acts of violence and other attacks perpetrated against human rights defenders not only affect the guarantees that every human being must enjoy, but also seek to undermine the fundamental role that human rights defenders play in society and leave all those for whom they fight defenseless. “The work of human rights defenders is essential to building a solid and enduring democratic society, as they play a leading role in the pursuit of the full attainment of the rule of law and the strengthening of democracy.”
via Inter-American body calls for full probe into her murder | Trinidad Express Newspaper | News.

