Posts Tagged ‘International Service for Human Rights’

LGBTI human rights rights defenders speak out

May 17, 2015

 

ISHR-logo-colour-high published this video clip on 16 May, 2015 to celebrate the day against homophobia. The video was produced by THF (True Heroes Films)

You are either for humanity or you are not for humanity. I don’t think anybody can propose to be for humanity and then be selective in the human beings who they choose to represent, who they choose to defend.” Richie Maitland, LGBT rights defender. ISHR adds it is  humbled to work with activists like Richie, Shakhawat and Sheherezade Kara – who fight to bring about change in hostile environments and in the face of fierce opposition. They work against pervasive homophobia, criminalisation, violence and intimidation, and for equal rights for all people, irrespective of sexual orientation or gender identity.

Jean-Daniel Vigny hopes to improve NGO participation at the UN

May 4, 2015

Getting ‘consultative status’ with the UN is for many NGOs a nightmare and a subject that does not attract the most attention. Hopefully this opinion piece written by Jean-Daniel Vigny, Swiss human rights expert and member of the Board of the International Service for Human Rights (27 April 2015) will help to change this:

ISHR-logo-colour-high

He makes 5 recommendations in relation to the ECOSOC Committee on NGOs (shortened version):

  1. Ministries of Foreign Affairs positively inclined to civil society and the big international NGOs represented in New York should actively participate in each session of the ECOSOC Committee;
  2. The EU and the rest of WEOG and other friendly States of civil society from the East European Group, GRULAC, the African Group and the Asian Group and national and international NGOs should join the campaign for improved membership and modalities of the NGO Committee;
  3. The status quo of quasi permanent membership to the NGO Committee by some States not favourable to civil society should be broken;
  4. (a rather difficult one) ECOSOC could develop an ‘interpretative guide’ for the Committee on the application of ECOSOC resolution 1996/31 (or get agreement on a paragraph calling for all applications for consultative status to be forwarded to ECOSOC for decision within a 3 years limit, thereby short-circuiting the present practice of repeated deferral of many applications);
  5. Share cases of denial or repeated deferral of consultative status as reprisals with the Special Rapporteur on Freedom of Association and Assembly and to pursue implementation of his recommendations to strengthen NGO participation at the UN and in other multilateral fora. We could also encourage the Special Rapporteur on Human Rights Defenders to study, report and make recommendations as to the reform of the NGO Committee, including in relation to the misapplication of ECOSOC resolution 1996/31.

The full text of the piece entitled “NGO participation at the UN: A roadmap for reform” follows:

Read the rest of this entry »

NGO Forum preceding the April session of African Commission on Human and Peoples’ Rights

April 22, 2015

ISHR-logo-colour-highpublished on 21 April “KUMULIKA – THE AFRICAN COMMISSION MONITOR” which describes the NGO Forum that was held from 17-19 April prior to the 56th ordinary session of the African Commission on Human and Peoples’ Rights (ACHPR). It involved close to 200 civil society participants from the continent. As usual. the NGO Forum followed the practice of holding a series of panel discussions combined with smaller special interest discussion groups, over the course of which recommendations and resolutions were developed to put to the Commission at the upcoming session. You can find more detail in that Newsletter but some key elements are:

Read the rest of this entry »

Human rights lawyer Geoffrey Robertson takes the stage

April 19, 2015
Geoffrey Robertson at home in London.

Geoffrey Robertson at home in London. Photo: Kitty Gale

The Sydney Morning Herald of 17 April 2015 announces a series of public performances “Dreaming Too Loud” by the well-known British-Australian human rights lawyer Geoffrey Robertson. They will take place at Sydney’s City Recital Hall on 2 May, in Perth on 4 May, at Melbourne’s Hamer Hall on 5 May, in Adelaide on 8 May, Brisbane on 12 May and Canberra on 13 May.

A barrister entertaining a theatre audience? Well, the introductory piece (see some extracts below) certainly makes it sound like a very interesting event and I would not mind attending if Australia were just a bit closer! Also the proceeds go to two human rights NGOs including the International Service for Human Rights.

About his own performance: “Dr Johnson’s comment after watching a performing dog walking on its hind legs: it’s not that it’s done well, it’s the fact that it’s done at all“.

It will be an opportunity to explain the importance of human rights and how Australia might better contribute to them. I can reminisce about my own visits to death row and my times with torturers, and bring the latest news from the Ecuadorian Embassy.[Robertson was Assange’s lawyer] But I can also tell tales of Linda Lovelace and Mike Tyson and the Sex Pistols, and others I have defended.  It will not be a night of doom and gloom, so long as I can suppress my tendency to talk about the Australian Constitution.

……

I have played roles in front of large audiences. During the run of Hypotheticals on the ABC, I was a man of many parts – General Bulldoza, Sergeant Doberman, Senator Gladhand, Amanda Autocue, Lester Gallop, Judge Knott, Kerry Murfax. Those names worked to avoid libel writs from the identities on whom they were based. For younger readers, incidentally, Hypotheticals were unrehearsed Socratic dialogues in which sixteen or so luminaries would sit around a horseshoe table and play themselves in imaginary scenarios of my devising. I had John Howard sit on the toilet, wondering whether to rub out the racist graffiti on the cubicle door or complain to the attendant, who was Charlie Perkins. I had George Pell give the kiss of life to a gay man, and Gareth Evans invaded Tasmania. ..

Hypotheticals was meant to challenge the 60 Minutes adage that “if it’s not visual, it’s not a story”. The important decisions in the real world are seldom set against glorious sunsets. They are made by people (usually men) in suits, with notebooks, sitting around a table in a nondescript room, with a few potted plants and a picture of the incumbent President – the momentousness of the decision is generally in an inverse relationship to the splendour of the surroundings in which it is made. Hence the Hypotheticals stage, with its table and notepads, must approximate to the workaday world, where an editor or take-over merchant or torturer selects the next victim. The object of the programme was to show how important decisions are made, in a way never revealed in studio interviews or press conferences.

Dreaming Too Loud will have neither props nor glorious sunsets. My thespian debut will be sandwiched between work assignments – an effort to reclaim the Elgin Marbles, lectures on the Armenian genocide and the defence of the former Prime Minister of Mauritius.

http://www.smh.com.au/entertainment/geoffrey-robertsons-dreaming-too-loud-a-barrister-takes-the-stage-20150414-1mjwtk.html#ixzz3XjvzBkwO

 

Geoffrey Robertson’s Dreaming Too Loud: a barrister takes the stage.

Joseph Bikanda, Coordinator of Pan African Human Rights Defenders Network, has the floor

April 16, 2015

The Newsletter of International Service for Human Rights in Geneva gave on 2 April 2015 the floor to Joseph Bikanda, the Coordinator of the Pan African Human Rights Defenders Network (PAHRDN), a Network made up of 5 sub-regional networks of human right defenders (HRDs), including the East and Horn of Africa, the Central, the West, the Southern and the North African HRDs Networks.

Joseph first became involved in human rights as a university student. A group of students needed a voice to advocate on their behalf. Joseph became that voice. In doing so, Joseph learnt about human rights mechanisms existing at the time. ‘I found myself surrounded by the human rights world and knew that it was the right place for me. Since then I have been working in human rights in various capacities.

Joseph stated that PAHRDN’s key focus is to strengthen the capacity and provide support to regional networks, civil society organisations and HRDs. ‘You are always stronger working together in a network, and if each element of the network is more capable and works together – you are even stronger’

..Regional and international human rights mechanisms support HRDs, but networks such as PAHRDN are essential to create local supporting mechanisms for HRDs’.. Joseph explains that PAHRDN has established local mechanisms to ‘fill the gap as best we can’. These mechanisms include providing emergency support, lawyers, trial observation and practical support for HRDs.

One of our key roles is to provide support for HRDs in emergency situations when they are being harassed, targeted or when their lives are in danger. We have also created urgent mechanisms which apply pressure to perpetrators of human rights abuses.’

Joseph commented on the essential role that HRDs played in initiating the development of the law for the protection of HRDs in Côte d’Ivoire. He shared his hope that each African country develops similar laws in the near future and, in particular, that each of those laws is effectively implemented. ‘I hope to see HRDs develop further as key actors combatting corruption and promoting transparency. Involving HRDs in decisions ensures that the views of civil society are raised and considered.’

In his discussion with ISHR, Joseph identified that his primary objectives of attending the March session of the Human Rights Council were to raise awareness of – the horrific situation in Burundi, in particular the persecution of journalists and HRDs; the continued fighting in South Sudan and the abduction of children for combat; and the concerning counter terrorism laws in Cameroon and Ethiopia, which lack differentiation between defenders and terrorists.

You can follow Joseph Bikanda on Twitter at @Bikjo.

Joseph Bikanda: Coordinator of Pan African Human Rights Defenders Network | ISHR.

China OR the UN must ensure independent investigation into death of Cao Shunli !

March 27, 2015

When late Chinese human rights defender Cao Shunli – as Final Nominee of he Martin Ennals Award 2014 – got a standing ovation during the ceremony in October last year, we all said, with the 10 NGOs on the Jury, that we should not forget her. On 19 March 2015 in a statement to the UN Human Rights Council that is exactly what a group of NGOs [International Service for Human Rights and supported by Human Rights WatchCIHRSCIVICUSConectasEHARDPArticle 19HRHF and ALRC] asked for: Ensure independent investigation into death of Cao Shunli.CAO_SHUNLI_PORTRAIT

China must ensure a full, independent and impartial investigation into the death of Chinese human rights defender Cao Shunli, ..If Chinese authorities are unable or unwilling to conduct such an investigation in accordance with international standards, the Human Rights Council as the world’s top human rights body must take appropriate action, the statement said.

One year after her tragic death, there has been no adequate investigation or accountability in relation to the death of Chinese defender Cao Shunli,’ said Michael Ineichen, Head of Human Rights Council Advocacy at ISHR. ‘If China is let of the hook for such a blatant case of reprisals against someone wanting to cooperate with UN human rights mechanisms, the Council sends a message to rights abusers that activists can be attacked with impunity.’

The statement highlighted the negative effect of impunity for cases of intimidation and reprisals, as shown by the numerous reported cases of intimidation and reprisals occurring during the 28th session of the Human Rights Council, including against South Sudanese and Bahraini defenders.

The legal and moral obligations of States to protect those who cooperate with the UN are clear, and if a State fails to conduct stop reprisals or to properly investigate allegations, the UN has a responsibility to act, the statement said.

We welcome recent advances on the institutional level, such as the treaty body policies that recognise States’ primary duty to ensure accountability in the case of reprisals, and the UN’s own duty of care,’ said Eleanor Openshaw, Head of Reprisals Advocacy at ISHR. ‘However, in the absence of a more systematic approach, such as through a dedicated focal point on reprisals which could coordinate investigation of and follow-up to individual cases, these steps will remain the proverbial drop in the ocean’   The statement is available as a PDF and video.

for more on reprisals in this blog see: https://thoolen.wordpress.com/tag/reprisals/

Report on a panel: Counter-terrorism laws must not criminalise human rights defenders

March 17, 2015

I was in Geneva last week where a number of interesting meetings took place. One of the side events I attended (a picture went out on Twitter), concerned the crucial issue of  “ Human rights defenders and national security”, on 9 March organized by a group of NGOs (International Service for Human Rights, Article 19, the International Federation for Human Rights (FIDH), Human Rights House Foundation, the International Commission of Jurists and the World Organisation Against Torture).ISHR-logo-colour-high

The panel was moderated by ISHR Director Phil Lynch, and had a very knowledgeable speakers such as Michel Forst, Special Rapporteur on Human Rights Defenders; Hina Jilani, Pakistani human rights lawyer and former Special Representative on Human Rights Defenders; Jimena Reyes, Director of the Americas Desk at FIDH; Roselyn Hanzi from Zimbabwe Lawyers for Human Rights; Gerald Staberock, Director of the World Organisation against Torture (OMCT); and Tanele Maseko, human rights defender from Swaziland.
A short report below:
Restrictions on human rights defenders

Phil Lynch opened the discussion by referring to unequivocal examples of restrictions imposed on human rights defenders by the operation of counter-terrorism laws, with examples cited including the recent amendments to the Australian Security Intelligence Organisation Act in Australia which criminalises the disclosure of information about ‘special intelligence operations’, even where such disclosures expose or relate to serious human rights abuses; draft legislation in China which vaguely defines ‘terrorism’ to include ‘thought, speech or behavior’ that is ‘subversive’ or seeks to ‘influence national policy making’, and Law 8/2015, passed recently in Egypt, which allows individuals and associations which ‘infringe public order’ or ‘harm national unity or national security’ to be designated as terrorists. Concern was also expressed that renewed US efforts to combat extremism do not contain adequate human rights safeguards and that the imperative to counter-terrorism is being used as a subterfuge by regimes in allied States – such as Bahrain, China, Egypt and Saudi Arabia – to further restrict and repress civil society.

Panelists built on these examples throughout the discussion, referring to significant limitations on, and prosecution of, human rights defenders under the guise of national security in their regions, including the prosecution of indigenous activists campaigning against major development projects in Chile under the Anti-Terrorist Act; human rights defenders being spied on by intelligence authorities in Cuba which consequently contributed to their murder; human rights defenders in Zimbabwe being charged for allegedly participating in a disruptive demonstration, or under the Official Secrets Act which forbids the release of information, even if that information regards human rights violations; and human rights defenders being imprisoned and labelled terrorists for voicing disagreement with the government in Swaziland. Members of the audience provided further examples, including defenders in South Korea being charged under a law that prohibits support for North Korea.

Legislation protecting the rights of defenders

A schizophrenia currently exists in many countries where authorities laud their own human rights mechanisms in the international sphere and then actively criminalise the activities of human rights defenders at home,’ said Hina Jilani. It is essential that along with a national law for the protection of human rights defenders, counter terrorism laws do not impose restrictions on those protections.

Counter terrorism laws should be developed in a manner that fights terrorism, while at the same time, respecting the legitimate work of human rights defenders,’ said Gerald Staberock of OMCT.

The panelists also stressed the importance of ensuring the rights of human rights defenders are not constrained under other laws, such as laws prohibiting criticism of the head of state, emir or the army.

Independence of the judiciary and the military

The discussion also highlighted the necessity to ensure the independence of the judiciary. In this regard, Jimene Reyes of FIDH referred to the use of the judicial system in Cuba as an ‘instrument of uncritical oppression’. Members of the audience identified the importance that the judiciary, as well as the executive, must be able to recognise and respect the legitimate activities of human rights defenders.

Similarly the importance of the separation between the State and the military was emphasised. Ms Reyes stressed the risk for human rights defenders if they are ‘considered by the military to be the enemy’.

Importance of civil society participation

While there is a clear trend of governments using counter-terrorism legislation to conflate the legitimate activities of human rights defenders with actions that threaten national security, the panelists were in clear consensus that human rights defenders and a strong and healthy civil society is essential to the stability of the State and good governance.

‘The work of human rights defenders and other civil society actors is crucial to address inequality and to promote good governance, accountability and inclusive development, all of which contribute to national security,’ said Phil Lynch of ISHR. ‘However, to ensure this is possible, it is essential to raise national and international awareness of the pitfalls of counter-terrorism legislation and the importance of civil society participation’.

The event concluded with a reflection of the need to counter the ‘rhetoric of fear’ and firmly establish that ‘the rights to peaceful assembly and of association do not encourage extremism, chaos, or violence but are, in fact, the best antidotes we have against all of these ills’.

Myself and others brought up the need to fight back in the public domain and the media against campaign to delegitimize the work of human rights defenders and show more the positive contribution their legitimate work brings to society.

[The high-level segment of the Council session has called on all States to fully implement Human Rights Council Resolution 22/6, which was led by Norway and adopted by consensus in March 2013. It urges States to ensure that ‘measures to combat terrorism and preserve national security … do not hinder the work and safety’ of human rights defenders.]

National security: Counter-terrorism laws must not criminalise human rights defenders | ISHR.

Nawaf Al Hendal: portrait of a human rights defender from Kuwait

February 9, 2015

“I recognise that I may never be granted these fundamental rights in my life time, but I want more for our children. We should promise them that.”

On 30 January 2015 the ISHR Bulletin did a good write-up on Nawaf Al Hendal, a Human rights defender from Kuwait.

The Universal Periodic Review of Kuwait took place at the Human Rights Council in Geneva on 28 January 2015. Prominent human rights defender, Nawaf Al Hendal, who travelled to Geneva for the review of Kuwait’s human rights record, was advised that an arrest warrant awaits him on return to Kuwait in connection with allegations of damaging foreign relations and using Twitter to insult lateSaudi King Abdullah. Nawaf discussed the situation for human rights defenders in Kuwait and the on-going threat of reprisals with ISHR.

Nawaf Al Hendal, the founder of Kuwait Watch, has been an active human rights defender in Kuwait since 2004. Nawaf’s drive to become a human rights defender initially arose when he witnessed his colleagues being subject to unfair work standards imposed by his employer at the time. Nawaf could not allow his colleagues’ rights to be eroded without any resistance. For this reason, when his colleagues felt unable to do so, Nawaf decided to fight for the protection of their rights.

‘I love my country and its people. I believe that every person in Kuwait should have access to fundamental and equal rights.’

When Nawaf realised he was able to have an impact in the protection of his colleagues’ rights, his focus extended to the protection of people’s rights more generally in Kuwait.

Nawaf is well known for his work defending the rights of stateless persons, including the Bedouin community who are deprived of the right to employment, education and healthcare in Kuwait. Nawaf, now through Kuwait Watch, is active in engaging with the UN human rights system, including making submissions to the UPR, various treaty bodies and States active in the human rights system, as well as international NGOs. Kuwait Watch also actively engages in grass roots advocacy, including organising peaceful protests and consulting with employers and medical practitioners to gain employment and medical care for Bedouin people.

Nawaf is adamant about the importance of social media in the work of human rights defenders.

‘We use social media to demonstrate the restrictions on fundamental freedoms placed on people in Kuwait to the rest of the world. We also use social media to make it clear to the Kuwaiti authorities that we will continue to defend the rights of all people in Kuwait.’

Overall, Nawaf considers that his work thus far has not gone unnoticed by the Kuwaiti authorities. Despite the troubling implications for Nawaf as an individual, he considers that the fact that a warrant for his arrest was issued simultaneously with his travel to Geneva for the periodic review of Kuwait is indicative of the Kuwaiti Government’s concern in relation to the increasing influence of Kuwaiti human rights defenders.

Nawaf explains that his advocacy is not politically driven, it is rights driven. He emphasised that Kuwait Watch is not seeking a political transformation in government but simply the development of legal protections for people in Kuwait.

‘We [Kuwait Watch] commended the Kuwaiti Government’s decision to make primary and intermediate education free and compulsory for children and prohibit children under the age of 15 years from working.’

The prosecution of human rights defenders, opposition activists and bloggers for allegedly undermining the status of the emir of Kuwait is widespread in the country. Lese-majeste, national security and ‘national unity’ laws have recently been used to prosecute activists who are critical of the human rights records of heads of state with which Kuwait has diplomatic relations, including Saudi Arabia and Egypt. According to Nawaf, the Public Gatherings Law, the Penal Code, national security legislation, press regulations, and lese-majeste and blasphemy laws, are all used and abused to criminalise free speech in the country.

‘As a human rights defender in Kuwait you are always at risk. In an attempt to silence dissenting voices, human rights defenders are often imprisoned for unrelated, and often fabricated, offences.’

Nawaf tells the story of his arrest in 2013 on his return to Bahrain, where he had been studying at Delmon University for Science & Technology since 2008. Nawaf was advised that he could no longer enter Bahrain as the Kuwaiti authorities intended to arrest him in connection with terrorist activities.

‘Since my arrest in 2013, I have not been able to return to Bahrain and my five years of study in Bahrain have not been recognised.’

Nawaf explained that in an additional attempt to silence dissenting voices, national newspapers and television channels have been known to print articles in an attempt to invalidate the work of human rights defenders.

‘In addition to legislation restricting fundamental rights of people living in Kuwait and the independence of human rights institutions, the legislative framework limits the number of human rights organisations to one’

Given the restriction on the number of human rights organisations in Kuwait, Kuwait Watch is registered in the United Kingdom.

‘We engage with the UN human rights system in the hope that the UN will require the Kuwait Government to enact and reform legislation to protect human rights defenders as well of the rights of all people in Kuwait.’

Nawaf emphasises the importance he places on ensuring that the next generation will have the fundamental rights they are entitled to.

‘I recognise that I may never be granted these fundamental rights in my life time, but I want more for our children. We should promise them that.’

 

Nawaf Al Hendal: Human rights defender from Kuwait | ISHR.

The top 5 human rights posts in 2014 of the ISHR

January 12, 2015

On 26 December 2014, the Geneva-based International Service for Human Rights (ISHR) reported that the following posts were the most visited on its website in 2014:

  1. The African Commission on Human and Peoples’ Rights adopts a landmark resolution condemning violence and calling for an end to discrimination on the basis of sexual orientation and gender identity, perhaps marking a turning of the tide against anachronistic laws across the continent which criminalise homosexuality and even the advocacy of LGBT rights: http://www.ishr.ch/news/african-commission-adopts-landmark-resolution-lg…
  2. The UN Human Rights Council adopts a crucial resolution on the protection of human rights defenders, calling on States to enact laws and policies to support and enable their work. The resolution also renews the mandate of the UN Special Rapporteur on Human Rights Defenders for a term of three years: http://www.ishr.ch/news/un-human-rights-council-adopts-crucial-resolutio…
  3. Human rights advocates from around the world take a stand at the UN Human Rights Council, calling on Chinese authorities to be investigated and held accountable for the death of detained human rights defender Cao Shunli: http://www.ishr.ch/news/china-interrupts-moment-silence-cao-shunli-un-hu…
  4. ISHR releases a new film on the human cost of intimidation and reprisals against those who cooperate with the UN: http://www.ishr.ch/news/new-video-reprisals-human-cost-cooperating-unite…
  5. What are the characteristics and strategies of the most successful human rights campaigns? In a guest opinion piece, Jo Becker of Human Rights Watch examines some of the most significant international human rights campaigns over the last decade to identify the secrets of success: http://www.ishr.ch/news/jo-becker-5-ways-successful-human-rights-campaign

The main topics are linked to the question of reprisals and bring to the fore the importance of the ISHR in linking to the international and regional fora.ISHR-logo-colour-high

Top 5 human rights posts for 2014 | ISHR.

High-level Legal Briefing and Debate on Reprisals on 20 November 2014 in Geneva

November 12, 2014

On Thursday, 20 November 2014, the International Service for Human Rights (ISHR) celebrates its 30th anniversary with the launch and discussion of two important legal reports:ISHR-logo-colour-high

The first is a memorandum of advice on the legal obligations of the Human Rights Council, its President and Bureau to combat reprisals prepared by Sir Nicolas Bratza and Prof Egbert Myjer (both formerly of the European Court of Human Rights – Egbert Myjer portrayed here on the left), together with the leading international law firm Freshfields. This is indeed a crucial area for the future of the whole human rights system as argued consistently in this blog : https://thoolen.wordpress.com/tag/reprisals/]

 

The second study is a comparative research report on the recognition and protection of human rights defenders under national law.

The panelists are:

  • Sir Nicolas Bratza, report author and former President of the European Court of Human Rights

  • Maryam Al-Khawaja, Bahraini human rights defender

  • Reine Alapini-Gansou, Special Rapporteur on Human Rights Defenders of the African Commission on Human and Peoples’ Rights

The debate is moderated by Phil Lynch, Director, International Service for Human Rights

The event takes place in Room IX of the Palais des Nations, Geneva, from 15h00 to 16h15. The legal briefing is followed by ISHR’s 30th anniversary reception.

Invitation to a High-level Legal Briefing: 20 November 2014.