Posts Tagged ‘International Service for Human Rights’

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.

Human Rights Council in throwback to muzzling NGOs

September 24, 2014

Phil Lynch, Director of the International Service for Human Rights, wrote an insightful post on URG Insights that is a must. It describes with concrete examples how the current Human Rights Council – and especially its Bureau – is failing to uphold the acquired right of NGOs to speak freely in the UN and – when necessary – mention names of offending countries. It seems like a complete throwback to the early 80’s when in the then Commission on Human Rights NGOs were restricted in mentioning countries by name. This let to untenable and even comical situations where NGOs would describe in detail atrocities and then say that they were talking about a big country in the south of Latin America, only to be asked by the Chair to say which country they had in mind. When the obvious answer came: “Argentina”, the NGO was ruled out of order! That States now feel that the time is right to try again to muzzle NGO criticism became already clear last year with China’s elaborate efforts to silence the ‘one minute silence’ for Cao Shunli [https://thoolen.wordpress.com/2014/03/20/china-in-the-un-human-rights-council-manages-to-silence-cao-shunli-as-well-as-ngos/] and the worryingly broad support it got for its procedural wrangling. Thus it would be crucial that the whole NGO movement and the States that support them take a clear stand. In meantime Lynch’s Human Rights Council President, Bureau and Member States must respect the role and rights of NGOs” is giving the right background and follows here in toto:

“The right, and indeed the responsibility, of non-governmental organisations (NGOs) to critique governments, expose and pursue accountability for human rights violations, and advocate for changes in law, policy and practice should be uncontroversial and uncontested. This is particularly the case at the UN Human Rights Council, the world’s apex body for human rights debate and dialogue, the mandate of which includes promoting and protecting the right to freedom of expression.

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Michel Forst, New Special Rapporteur on Human Rights Defenders, gives indication of his priorities

August 5, 2014

After a long holiday break there is probably no better way to start again covering developments relevant to human rights defenders than by referring to the views of the new Special Rapporteur on Human Rights Defenders, Michel Forst, who shared his vision with the International Service on Human Rights on 16 July 2014. Michel Forst – appointed in June 2014 – is an experienced human rights lawyer. He was Secretary-General of France’s national human rights commission, and was a Board member of several international human rights NGOs.  In an interview with ISHR, he sets out his vision and priorities in the post of Special Rapporteur on HRDs. Read the rest of this entry »

Navanethem Pillay finishes her term as UN High Commissioner for Human Rights: a great lady

July 9, 2014

In September 2014, Navanethem (Navi) Pillay will finish her term as the UN High Commissioner for Human Rights. Since her appointment in 2008, she has been a principled and dedicated advocate for universal human rights, the protection of human rights defenders, accountability for perpetrators of human rights violations, and access to justice for victims. She has encouraged her staff to speak out and has done so herself courageously. Unanimity about her performance should not be expected – for that the topics she had to deal with are too controversial – but the human rights world generally has seen her as a ‘champion’ and one of them.
To get some idea of the scope of her involvement in favour of human rights defenders, see some of my 20 previous posts: https://thoolen.wordpress.com/tag/navi-pillay/

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Interview with Yuyun Wahyuningrum, Indonesian human rights defender, about ASEAN

June 14, 2014

On 20 June the ISHR Monitor published a portrait of Indonesian human rights defender Yuyun Wahyuningrum:

 

When human rights were included in the ASEAN Charter, which was adopted in 2008, Yuyun Wahyuningrum saw an opportunity to promote human rights discourse in the region through advocacy at ASEAN. Yuyun currently works as senior advisor on ASEAN and human rights for the Human Rights Working Group, a coalition of over 50 organisations working on human rights in Indonesia.

“Principles and values in human rights are something that we cannot negotiate” While the inclusion of human rights in the ASEAN Charter, and the creation of the ASEAN Intergovernmental Commission on Human Rights (AICHR) in 2009 were concrete steps forwards in terms of promoting a human rights discourse, they also threw up challenges. One challenge has been the attempt by ASEAN States to impose their own interpretations of human rights standards that veer away from universality. It is imperative, says Yuyun, that AICHR should focus on complementing the global human rights system rather than breaking away from the principle of the universality of human rights.

“The role of civil society in influencing the debate is imperative” “AICHR will only gain legitimacy and authority on human rights if it develops a stronger partnership with civil society”

As an intergovernmental body AICHR struggles to balance its roles as a political body and as a human rights commission. The representatives of States on AICHR are nominated by governments and can be removed by them at any time. This has led to a lack of independence and a lack of political will to engage with its stakeholders, including the victims of human rights violations. Furthermore, ASEAN member States have been reticent in providing financial and technical support for the body which severely limits its capacity….Currently, AICHR is developing its ‘Guidelines on AICHR’s relations with civil society organisations’, which is to set out the modalities by which civil society can engage with the Commission. However the drafting process has been completely non-transparent to the extent that not only is it unclear when the document will be finalised, but it also remains to be seen whether the guidelines will promote or close down engagement by civil society.

“There is no ASEAN community without protection of human rights, especially the rights of those who defend the human rights of others” AICHR is not making any effort to interpret its mandate creatively so as to give itself the tools it needs to promote and protect human rights, including the ability to receive and investigate individual petitions, conduct country visits, issue precautionary measures to States, establish an effective early-warning system and response to emergency situations, and appoint independent experts. One interesting initiative was in fact proposed by a State. Indonesia invited AICHR to hear its report on the human rights situation in the country. This was inspired by the practice of the Universal Periodic Review (UPR). Thailand has agreed to be the next State to report to AICHR in August 2014. The regularisation of this initiative would be one way for AICHR to gain information on the situation of human rights in ASEAN States, as it is mandated to do.

After the first cycle of UPR the improvement of human rights in ASEAN countries still needs to be assessed in detail” As far as the international human rights system is concerned, and in particular the UPR and its impact on ASEAN States, the same resistance to international standards can be seen. For example, many of the recommendations accepted by ASEAN States are in those areas where they are most comfortable and confident that they have made progress such as the rights of persons with disabilities, human rights education, right to housing, women’s rights and children’s rights, amongst others. The recommendations most commonly raised by the international community, however, include torture, the protection of human rights defenders, freedom of opinion and expression, and cooperation with civil society at the national level, areas ASEAN States are reluctant to tackle. However, one improvement that has been seen in ASEAN countries through the UPR is a growing ratification rate of international instruments. While this may largely be because States see these as easy recommendations to satisfy, it does also provide tools for civil society in the struggle to ensure that universal human rights standards are not being diluted in the region.

For more information on the work of Yuyun and the Human Rights Working Group see http://www.hrwg.org/

Yuyun Wahyuningrum: Indonesian human rights defender | ISHR.

Business and Human Rights Defenders in Side Event on Friday 13 June

May 27, 2014

Under the title “From threats to opportunities: Business and Human Rights Defenders” the International Service for Human Rights [ISHR] organises a side event on Friday 13 June 2014, 12h15 – 13h45 in Room IX of Palais des Nations, Geneva. Note that it will be the first public appearance of the new Rapporteur on Human Rights Defenders, Michael Forst. (https://thoolen.wordpress.com/2014/05/08/finally-it-is-final-michel-forst-the-new-rapporteur-on-human-rights-defenders/). For those unable to attend, a live webcast will be available at www.ishr.ch/webcast. You may also follow the event on Twitter @ISHRGlobal, using the hashtag #HRDs.ISHR-logo-colour-high

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