Posts Tagged ‘intimidation’

Intimidation and Reprisals on UN premises – NGOs ask for more action

September 17, 2019

On 23 August 2019, 23 NGOs wrote to the United Nations to raise concerns over the alarming pattern of intimidation and reprisals faced by members of civil society during sessions of the Human Rights Council and Treaty Bodies. The letter calls on the ASG to raise this issue during his speech before the HRC on 19 September 2019, and urges the OHCHR to take measures to ensure that such acts of reprisals are not repeated in the future. See: https://humanrightsdefenders.blog/2019/09/05/human-rights-defenders-issues-at-the-42nd-session-of-the-un-human-rights-council/

Below is the original text of the letter, as sent to the UN representatives in question:

To: Mr Andrew Gilmour, Assistant Secretary-General for Human Rights; H.E. Mr Coly Seck, Permanent Representative of Senegal and President of the Human Rights Council; Mr Michel Forst, Special Rapporteur on the situation of human rights defenders

Mr Gilmour, 

We, the undersigned organisations, write to raise deep concerns about a consistent pattern of intimidation and reprisals faced by members of civil society from around the world during sessions of the Human Rights Council (HRC) and the Treaty Bodies. We are particularly concerned by acts of intimidation perpetrated by representatives of and individuals affiliated with government parties. 

During the 41st session of the HRC, staff of Permanent Missions and individuals wearing non-diplomatic badges, who were later verified as working with UN Member and Observer States, attended our side-events, and blatantly eavesdropped on our conversations, recorded our comments, took photos and videos of the audience, and made threatening gestures and remarks. 

We are all the more concerned as this is not the first time that human rights defenders and other individuals engaging with the HRC have faced acts of harassment and intimidation. Rather, these tactics are part of a consistent and systematic pattern of behaviour that we have unfortunately come to anticipate and expect at every session of the HRC. 

Furthermore, HRDs engaging with the Treaty Bodies also face intimidation and reprisals perpetrated by representatives of and individuals affiliated with government parties. There have been multiple instances of so-called “GONGOs” – governmental non-governmental organisations – registering for confidential and closed briefings with Treaty Bodies’ members. This allows them to know exactly who among civil society is present during these briefings. There has also been cases of briefings that have been filmed without the permission of NGOs. 

What is more, governments’ support given to GONGOs means that they are often granted consultative status with the UN. On the contrary, independent NGOs continue to be denied the ECOSOC status, demonstrating that reprisals against HRDs also occur within the UN system. In addition, the proliferation of GONGOs both at the HRC and Treaty Bodies, allows them to influence the discourse about human rights in a particular state or region, thus minimising the real issues at stake. 

The aforementioned acts of harassment and intimidation are concerning not only because they create an atmosphere of fear and self-censorship, but also because numerous human rights defenders who have travelled to Geneva to participate in HRC or Treaty Body sessions have faced reprisals upon their return to their countries as a direct result of this. As such, we take these acts of intimidation very seriously and submit that they may result in further acts of retaliation.

We note with appreciation that the current president of the HRC, his Excellency Mr Coly Seck, Permanent Representative of Senegal, addressed some of the issues raised in this letter during the final meeting of the 41st session of the HRC. He expressed his concern that “civil society organisations continue to face intimidation and reprisals” and pointed out that a number of cases had been reported to him, including of verbal harassment and unauthorised photographs taken during side-events. He emphasised that “any acts of intimidation against any individual or group that attempts to cooperate with the Human Rights Council is unacceptable”, and reminded Member and Observer States of their responsibility to ensure that civil society operate in a safe space. 

In addition, in July 2019, Unrepresented Nations and Peoples Organisation, working in conjunction with the University of Oxford, Tibet Justice Centre and the Economic and Social Research Council launched the report “Compromised Space for Unrepresented Peoples at the United Nations”. Based on interviews and testimonies from 77 HRDs working on behalf of minorities, indigenous communities and other unrepresented peoples, it identifies a systematic attack on the UN human rights system by certain governments. This is characterised by “blocking tactics […] including deferring ECOSOC status decisions, and intervening in plenary statements, to more overt instances of harassment, intimidation and outright violence, which constitute state reprisals”. Such challenges are compounded for HRDs from minority, indigenous and marginalised groups.

While we acknowledge that HRC presidents, the Office of the High Commissioner for Human Rights’ (OHCHR) reprisals team, the Treaty Bodies’ focal points for reprisals and yourself have all previously raised awareness on this issue, we strongly believe that there is a need to draw further attention to such acts of intimidation and harassment. We further note that to date, the OHCHR has not developed a systematic and practical response to the practices outlined in this letter. 

It is our contention that failure to sanction reprisals on UN premises will only embolden such acts elsewhere. Therefore, we call on you to raise this grave pattern during the presentation of the UNSG annual report on reprisals during the 42nd session of the HRC. We also call on you to urge the OHCHR to take measures to ensure that such acts of intimidation do not happen in the future. 

Yours sincerely, 

  1. Access Now 
  2. ALQST 
  3. Association for Victims of Torture in the UAE 
  4. Americans for Democracy and Human Rights in Bahrain 
  5. Bahrain Institute for Rights and Democracy
  6. CIVICUS: World Alliance for Citizen Participation
  7. CCPR Centre 
  8. Committee for Justice 
  9. European Saudi Organisation for Human Rights 
  10. Global Campaign for Equal Nationality Rights
  11. MENA Rights Group 
  12. The Omani Centre for Human Rights
  13. OMCT
  14. Institute on Statelessness and Inclusion 
  15. International Campaign for Freedom in the UAE 
  16. International Centre for Justice and Human Rights 
  17. International Movement Against All Forms of Discrimination and Racism 
  18. Right Livelihood Foundation 
  19. Rights Realization Centre 
  20. Salam for Democracy and Human Rights
  21. Statelessness Network Asia Pacific 
  22. Unrepresented Nations and Peoples Organization
  23. World Uyghur Congress 

https://unpo.org/article/21663

 

Ending reprisals: side event in Geneva on 18 September

September 13, 2019

I provided already a list of side events at the 42nd Session of the UN Human Rights Council [https://humanrightsdefenders.blog/2019/09/09/42nd-session-of-the-human-rights-council-list-of-side-events/]. Here is one that is really crucial: Ending reprisals: Discussion with human rights defenders and experts.

It takes place on Wednesday, 18 September 2019, 4:30 pm – 5:30 pm in Room VIII, Palais des Nations, Geneva

The event seeks to provide a space for human rights defenders and experts to shed light on the nature and extent of reprisals and intimidation against those cooperating with the UN; discuss and expand on the Secretary-General’s report; and consider efforts to date to address reprisals and intimidation against those cooperating with the UN as well as ways to further develop and strengthen policies and practices to prevent and address reprisals.

Panellists:

Moderator:  Phil Lynch, ISHR Director

For some of my earlier posts on reprisals (among many): https://humanrightsdefenders.blog/tag/reprisals/

 

https://mailchi.mp/ishr/alert-to-the-human-rights-councils-35th-session-32381?e=d1945ebb90

Environmental defenders in Alberta, Canada, be warned….oil will get you

July 9, 2019

2019-07-01_thumb

Press Progress blog of 3 July 2019 analyses the agressive tone of Alberta‘s Premier Jason Kenney, who talks of “war” on environmental defenders. Civil liberties groups and human rights organizations are warning that his new “war room” is an attempt to intimidate critics and put a chill on free expression rights in the province. Described as a “fully staffed, rapid response” unit mandated to respond to “all the lies” about the oil industry, the $30 million “war room” is part of Kenney’s so-called “fight back strategy” that aims to wage war against environmental groups. Kenney has also indicated he will launch a public inquiry into the activities of environmental groups like the David Suzuki Foundation, while Kenney’s energy minister has promised the government will assemble a team of lawyers to launch lawsuits against environmentalists.

“Talk of a war room, focused on targeting ‘offending’ environmentalists, seems determined to send a clear message,” Amnesty International Canada Executive Director Alex Neve told PressProgress. Cara Zwibel, director of the Canadian Civil Liberties Association’s Fundamental Freedoms program, agrees the campaign’s stated mission could be “very problematic from a free expression perspective.”

Standing behind Kenney at the press conference was Vivian Krause, a self-described “researcher” who focuses on “the money behind environmental campaigns.” Krause’s research, which is often panned by her critics as a “conspiracy theory,” claims environmental groups funded by the Rockefeller Brothers are secretly working to cap oil production in Alberta.

Also sharing the stage with Krause and Kenney was Tim McMillan, President and CEO of the Canadian Association of Oil Producers (CAPP) as well as Sandip Lalli, President and CEO of the Calgary Chamber of Commerce. Kenney was introduced at the press conference by Robbie Picard, an oil activist who has been involved with groups like Canada Action and Rally for Resources, but better known for creating the “I Love Oilsands” t-shirts. As Maclean’s notes, Picard is known to be “a bit too enthusiastic in his cheerleading” for the oil industry, as well — in a 2018 appearance on Rebel Media, Picard described environmentalists as “terrorists” who should face “six months in jail” for protesting the oil industry.

Jason Kenney’s ‘War Room’ is a Threat to Free Speech, Say Civil Liberties and Human Rights Groups

ISHR on Reprisals: UN and States must do more to address reprisals

May 13, 2019

On 6 May 2019 the International Service for Human Rights (ISHR) submitted two reports to the UN Secretary General on the topic of reprisals against human rights defenders. The conclusion is that many defenders still face unacceptable risks and are unable to cooperate safely with the UN and regional human rights bodies and mechanisms. The reports were prepared in response to the call made by the United Nations High Commissioner for Human Rights inviting representatives of civil society to provide information on preventing and addressing acts of intimidation and reprisals related to cooperation with the United Nations. This blog has devoted many posts to this nefarious issue, see e.g.: https://humanrightsdefenders.blog/tag/reprisals/

Read the rest of this entry »

ISHR: new report on reprisals and restrictions against NGO participation in the UN

June 8, 2018

There are many different approaches States employ to keep critical voices out of multilateral spaces. ISHR’s new report of 30 May 2018 [The Backlash Against Civil Society Access and Participation at the United Nations] outlines what these are and provides a road map for States and UN representatives to prevent and counter reprisals and restrictions on civil society participation in UN processes.

Civil society has the right to ‘unhindered access to and communication with international bodies’. However, that right is not being respected.  ISHR’s new report, ‘The Backlash Against Civil Society Access and Participation at the United Nations‘ documents a broad range of obstacles faced by human rights defenders, from opaque bureaucracies and procedures to physical threats and attacks.

States decide who gets through the door,’ said ISHR’s Eleanor Openshaw.  ‘States that fear calls for accountability and justice do what they can to prevent civil society access to and participation in UN spaces’. Opaque practices and procedures provide covers for States seeking to block NGO entry.  An NGO seeking to participate in a UN high-level event can be a victim of the ‘no-objection’ procedure.  This is the means by which any State can veto their participation without being named or providing any justification. ‘The no-objection procedure is poorly defined, and provides no formal criteria for objections to NGO participation,’ said ISHR’s John Indergaard. ‘It’s carte blanche to exclude legitimate NGOs for illegitimate reasons.

Even when civil society representatives make it into an actual UN building, they have been thrown out without explanation or asked to leave while events were ongoing. At some high-level events and committee meetings, NGO representatives have been barred from giving statements or bringing in documents related to their work. Physical attacks and intimidation against those seeking to coöperate with the UN are well documented.

These restrictions and reprisals are all aimed at dissuading civil society participation,’ said Openshaw. ‘They need to be challenged in each and every case.’

I have published many posts on the issue of reprisals [https://humanrightsdefenders.blog/tag/reprisals/] starting with https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/

Click on the video below to get an insight into the report:

UN Rapporteurs urge ASEAN summit to address regional human rights concerns

November 11, 2017

Four UN human rights experts*(including Michel Forst, the Rapporteur on Human Rights Defenders) have called on states to address pressing human rights issues during the 31st ASEAN Summit being held from 10-14 November in the Philippines. Recognising the important work of the many active civil society organisations across the region, the experts expressed concern about “a worrying deterioration in the environment in which they operate.

Human rights defenders, social activists, lawyers, journalists, independent media and even parliamentarians trying to speak out and protect the rights of others, increasingly face a multitude of risks ranging from judicial harassment and prosecution to threats, disappearances and killings,” said the experts. They observed rising numbers of cases of serious human rights violations affecting among others, people working on women’s rights, environmental and land issues and lawyers dealing with drug cases.

The experts called on the 10 ASEAN Member States to amend or repeal existing legislation and to reconsider draft laws that are being or could be applied to criminalize or restrict the vital work of civil society.  “We condemn the public vilification, harassment, arrests and killings of members of civil society, and call on Member States to rigorously uphold their duty to ensure the freedom and protection of those exercising their fundamental rights to freedom of expression, association and peaceful assembly,” the experts said. “Independent media, members of civil society and human rights defenders should be viewed as partners and as an essential element of democracy.

 

This summit should be seen as an opportunity to make real progress on these issues and to show the world that the Member States of ASEAN are fully committed to securing the human rights of all in the region,” the group said.

(*) The UN experts are: Ms. Annalisa Ciampi, the Special Rapporteur on the rights to freedom of peaceful assembly and of association; Ms. Agnes Callamard, Special Rapporteur on extrajudicial, summary or arbitrary executions;  Mr. Michel Forst, Special Rapporteur on the situation of human rights defenders;  Ms. Yanghee Lee, Special Rapporteur on the situation of human rights in Myanmar

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22380&LangID=E

Repressive governments and Ophelia compete to prevent HRDs to travel to Dublin

October 18, 2017

Andrew Anderson, the executive director of Front Line Defenders, published a piece at the beginning of the Dublin Platform for Human Rights hosted by Front Line Defenders in Ireland

Thwe Thwe Win working on her land near the copper mine in Myanmar. 25 May 2016. Photo: Lauren DeCicca / Front Line Defenders

Thwe Thwe Win working on her land near the copper mine in Myanmar. 25 May 2016. Photo: Lauren DeCicca / Front Line Defenders
Thwe Thwe Win is one of the 117 at-risk activists invited to the 2017 Dublin Platform for Human Rights Defenders who actually made it to the bi-anual gathering of global activists. ….

Like thousands of people trying to get into Ireland on Monday, dozens of our international guests had flights canceled or postponed. Another 11, however, were prevented from attending long before Ophelia hit, banned from leaving home by their governments…..It is an opportunity for defenders typically preoccupied with defending their communities – and surviving the threats that ensure – to spend 72 hours not being physically surveilled by a totalitarian state, threatened at work by an extremist group, or receiving menacing phone calls demanding their stop their activism. It is an opportunity to relax, something activists tend to forget to do. It is also a chance for defenders to learn from their peers around the world. Feminists from Nigeria strategise with Colombians about how to peacefully defend indigenous land from paramilitaries. Emirati human rights defenders chat to Moroccans about the high-tech spying software both their governments recently purchased. Bahrainis lament with Bangladeshis the unrelenting influence of Saudi Arabia in each oppressive state’s policies. Rights activists from most of the former Soviet block tend to tease the Russian about their own governments’ adopting a “copy and paste” approach to many of Russia’s anti-NGO laws.

This year there will be a noticeable gap in our Dublin Castle crowd. Last week, we learned that our Kuwaiti invitee was threatened by state officials not to travel. The Bahraini invited is currently in detention; last time she was there, they sexually assaulted her. The second young Bahraini woman we invited in her place – who boldly took to Twitter to speak out for the former – now has a travel ban. The Saudi activist learned he was on an intelligence surveillance list last week; he rang our Blackrock office to say he was too scared to leave home. The Gulf has been a blackhole of restrictions of freedom of movement for human rights defenders for some time now, but unfortunately that’s not the end of it. Our Syrian colleague has had his passport confiscated by state security in Turkey, and a Ukrainian lawyer has yet to be granted permission to travel.

An activist in Cameroon was arrested for his peaceful activism a few weeks ago – he won’t be joining us this week; he’s in prison. A Cuban human rights defender planned to leave home in Guantanamo City extra early, knowing he’d be stopped at the town’s many American-run military checkpoints – security in Guantanamo is tight. Ultimately, he was never granted the “exit permit” required to leave Cuba. In Colombia, David Rabelo Crespo was recently released from prison after 7 years for a crime he did not commit, but has still been forbidden from travel to Dublin.

Governments world-over know that it is not laws, conventions, or UN resolutions that bring human rights reform to a country – it’s people. They know that activists are only as powerful as their communities, both local and international, and are working harder than ever to ensure that networks of solidarity cannot flourish.

Radical social change – the kind that undermines dictatorships, dismembers racist populist tides, secures indigenous peoples’ rights to their land – has always been born out of collective struggle. It is clear that in preventing our human rights defender colleagues from Bahrain, Kuwait, Colombia, Saudi Arabia, Cameroon, Syria, and Bolivia from traveling, the respective authorities are not only vindictive, they are terrified of activists. Authoritarians think that if they lock human rights defenders away – behind bars or travel bans or physical attacks – that we will stop listening, that we will forget them. Authoritarians are wrong……….When governments work hard to silence activists, we must work harder to hear them.” [see alsohttps://humanrightsdefenders.blog/2015/11/30/closing-civil-society-space-a-euphemism-for-killing-human-rights-defenders/#more-7208]

Andrew Gilmour, UN Assistant Secretary-General for Human Rights,made statement on 17 October 2017 which is worth reading in its totality but I copy here only the part on reprisals:

At times – as some of you have experienced or witnessed – engagement with the UN on human rights can lead to reprisals and intimidation. This has been a long-standing concern to the Organization, and we are distressed at the increasing number of such acts. These range from travel bans, threats and harassment, smear campaigns, surveillance, restrictive legislation, physical attacks, arbitrary arrest and detention, torture and ill-treatment, including sexual violence, denial of access to medical attention, and even killings. Intimidation of human rights defenders is happening all the time. The purpose is to penalize individuals who have already spoken out, thereby also sending a signal to many others from speaking out in future.

Recognising the gravity of this issue, last October the Secretary-General announced that he had asked me to lead efforts to strengthen UN-wide action for prevention of, protection against, investigation into and accountability for reprisals. Many Governments are very supportive, and have offered resources for this endeavor. Our host country Ireland is very strong in this regard. We are trying to get as much information about what is going on, and for this we need your input, and will circulate our email address to help us get it.… I recount a few lines of what I said in my speech to the Human Rights Council three weeks ago as I presented the Secretary-General’s report on reprisals:

We believe the significance of this report goes far beyond the individual cases contained in it. I think we should see these individuals as the canary in the coal mine, bravely singing until they are silenced by this toxic backlash against people, rights and dignity – as a dark warning to us all. (…)

It is frankly nothing short of abhorrent that, year after year, we are compelled to present cases to you, the UN membership, of intimidation and reprisals carried out against people whose crime – in the eyes of their respective Governments – was to cooperate with the UN institutions and mechanisms whose mandate of course derives from you, the UN membership. (…)

I salute the extraordinary courage that it sometimes takes for the victims and their families to come forward and share their stories with us, and also the dedication of the civil society organizations who act on behalf of those affected.

[see also: https://humanrightsdefenders.blog/2017/06/21/assistant-secretary-general-for-human-rights-andrew-gilmour-speaks-very-freely-at-the-united-nations-association-of-the-usa/]

Sources:

Its people and not laws that bring human rights reform to a country

http://www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?NewsID=22251&LangID=E

United Nations’ Andrew Gilmour: HRDs are like “the canary in the coalmine, bravely singing until they are silenced..”

September 22, 2017

Andrew Gilmour, UN Assistant Secretary-General for Human Rights (file). UN Photo/Manuel Elias

On 20 September 2017 the UN reported that a  growing number of human rights defenders around the world are facing reprisals and intimidation for cooperating with the United Nations, ranging from travel bans and the freezing of assets to detention and torture, says a new report issued by the world body.

“It is frankly nothing short of abhorrent that, year after year, we are compelled to present cases of intimidation and reprisals carried out against people whose crime – in the eyes of their governments – was to cooperate with UN institutions and mechanisms,” said Assistant Secretary-General for Human Rights Andrew Gilmour“We should see these individuals as the canary in the coalmine, bravely singing until they are silenced by this toxic backlash against people, rights and dignity – as a dark warning to us all,” Mr. Gilmour told the Human Rights Council in Geneva, as he presented the Secretary-General’s report.

The report, the eighth of its kind, names 29 countries where cases of reprisal and intimidation have been documented; this is higher than the previous highest number of 20. Eleven of the States are current members of the Human Rights Council, a news release pointed out. Some have featured in the annual report on reprisals nearly every year since it was instituted in 2010. [see my earlier: https://humanrightsdefenders.blog/2017/06/23/reprisals-at-the-un-more-calls-for-action-no-action/]

Mr. Gilmour told the Council that the problem was much more widespread than presented in the report. “Since this report is limited to reprisals against people cooperating with the UN, the cases covered in it represent only a small portion of a far more generalized backlash against civil society and others challenging State authorities, especially human rights defenders”. [see also: https://humanrightsdefenders.blog/2017/06/21/assistant-secretary-general-for-human-rights-andrew-gilmour-speaks-very-freely-at-the-united-nations-association-of-the-usa/]

———

Amnesty International has launched a campaign to publicize what it says is a worsening situation for human rights activists throughout the world. The group hopes its “Brave” campaign will persuade governments to keep the promises they made in United Nations treaties to protect defenders of human rights. The organization Front Line Defenders says 281 people were killed in 2016 for defending human rights. In 2015, the number was 156.

Guadalupe Marengo, head of Amnesty’s Human Rights Defenders Program, told the VOA that “In the current context of us-versus-them, of demonization, of full frontal attack actually I would say on human rights, it is crucial that we take stock and that we call on the authorities to stop these attacks immediately.” …….Amnesty says human rights defenders are arrested, kidnapped and killed around the world. It says they are also attacked using online technology. Surveillance tools are used to study their activity. Marengo says campaigns launched on social media tell lies about the activists in an attempt to cause others to oppose them. “They are accused of being terrorists; they are accused of being criminals, they are accused of defending ‘immorality.’” Amnesty International hopes the “Brave” program will show the worsening situation for human rights activists worldwide.

——–

To underscore the point the NGO CIVICUS made a statement to the same (36th) UN Human Rights Council based on a panel discussion on the rights of indigenous people. 

“I read this statement on behalf of 39 human rights defenders and civil society organisations working on indigenous, land and environmental rights from 29 countries who met in Johannesburg, South Africa from 7-9 August 2017 to discuss strategies to advance the protection of indigenous, land and environmental rights activists. Mr. President, 2016 surpassed 2015 as the deadliest year on record for those stood up against land grabbing, natural resource exploitation and environmental destruction. Worryingly, the number of killed has risen to 200 from 185 in 2016 and spread to several countries across the world.

In the current global climate, where repression of the rights to freedom of expression, association and assembly is becoming the norm rather than the exception, environmental and land defenders are particularly vulnerable. When we express concerns over the collusion between States and corporate actors, we face opposition – dissent is stifled and criminalised, and our lives are threatened. Often our work is discredited and we are labelled ‘anti-national’ and ‘anti-development’.

When we protest peacefully against this attack on our resources and livelihoods, we face violence from state authorities, private security groups and state-sponsored vigilante groups. When we stand up to defend the rights of our communities, we face unfounded criminal charges, unlawful arrests, custodial torture, threats to life and liberty, surveillance, judicial harassment and administrative hurdles, among other actions.

Mr. President, our families are threatened into silence and many of us have had to make the difficult decision to flee our homes and go into exile, retreating from a fight that has become too dangerous. We need global action to counter the threats we face.

We ask the panellists to urge the Council to emphasise the need for all states to ensure that affected communities are adequately consulted, including securing their full consent prior to the development of infrastructure and extractive industries projects. “

Sources:

United Nations News Centre – Growing number of rights defenders facing reprisals for cooperating with UN

http://www.civicus.org/index.php/media-resources/news/united-nations/geneva/2953-joint-statement-on-the-rights-of-indigenous-peoples

https://learningenglish.voanews.com/a/amnesty-human-rights-campaign/3861696.html

Funders should help HRDs to withstand legal onslaughts by corporations

July 7, 2017

Otto Saki of the Ford Foundation contributed a piece  How companies are using law suits to silence environmental activists—and how philanthropy can help”. On 30 June 2017, the Business and Human Rights Resource Centre provided the following summary:

…While extrajudicial killings…[of human rights defenders] attract immediate condemnation, corporate interests are using other, less obviously violent means to undermine the important work of these activists: Strategic Lawsuits Against Public Participation (SLAPPs) are used to intimidate, harass, and silence activists who are working to expose corporate injustices and human rights violations. As intended, such lawsuits have a clear chilling effect on activism, silencing critical voices and stifling accountability…

…While there are strong laws aimed at protecting people’s rights, those laws too often fail to be applied. At the same time, big businesses have amassed great power and influence; they are armed literally and figuratively with high-value law firms, auditors, security experts, and investigators to defend their interests. Facing that kind of arsenal, it is difficult for individuals and organizations to fight back.

The use of SLAPP suits in South Africa is becoming a trend…

…South Africa needs to revise court procedures to make it easier for judges to scrutinize frivolous lawsuits without dragging the defendants into court. Second, civil society must recognize that SLAPP lawsuits are not isolated, but are part of a broad and purposeful strategy to distract and disable environmental activists and empower corporate interests.

…As philanthropy considers how to best support and build resilience for social justice activists and institutions, it is critical to consider their ability to withstand this kind of legal pressure…As funders, we need to have open conversations with our grantees about how they can be prepared before a crisis erupts…

Read the full post here

Source: Commentary: Philanthropy should consider how best to support human rights defenders when companies use lawsuits to silence them | Business & Human Rights Resource Centre

Reprisals at the UN: more calls for action – no action

June 23, 2017

The UN and States must take visible and sustained action against acts of intimidation and reprisal against those engaging or seeking to engage with the UN“, says the International Service for Human Rights (ISHR) in two reports issued on 22 June 2017.  Unfortunately, the NGO community (the main victims of the practice of reprisals) finds it difficult to come up with new ideas on how counter the trend while States continue to block the participation and input by human rights defenders. [ see: https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/and https://humanrightsdefenders.blog/tag/reprisals/]

ISHR’s latest report to the UN Secretary-General demonstrates again the need for the UN and States to act to prevent and ensure accountability for intimidation and reprisals against those cooperating or seeking to cooperate with the UN, and lays out a series of recommendations in that regard. The report documents a disturbing pattern of reprisals against human rights defenders seeking to cooperate with the UN. It includes alleged cases of travel bans in Bahrain in the context of the Universal Period Review this May; disappearances and detention of defenders and lawyers, as well as intimidation of their families in China; and restrictions imposed on NGOs in Egypt.The report welcomes recent positive steps such as the appointment of Assistant Secretary General Andrew Gilmour as the first high-level official on reprisals against those cooperating with the UN on human rights, but highlights that more needs to be done. ‘In the overwhelming majority of cases, steps taken by the State to prevent, investigate or ensure accountability for reprisals have been inadequate or non-existent, and in many States there has been a high-level of impunity’ said ISHR’s Programme Coordinator and Legal Counsel, Tess McEvoy. [see also: https://humanrightsdefenders.blog/2016/10/05/assistant-secretary-general-andrew-gilmour-appointed-as-the-uns-focal-point-to-combat-reprisals-against-human-rights-defenders/]

The primary duty to prevent and remedy reprisals lies with States. However the UN itself also has a duty to step up. ‘Where States fail to adequately investigate and ensure accountability in relation to credible allegations of intimidation and reprisals, the UN should ensure an international, independent investigation into the case‘, said McEvoy. In the report ISHR called on UN bodies to take a more proactive role in combating reprisals and intimidation, and among other things, urged:

  • The Human Rights Council President and Bureau to clearly outlines steps the Council will take on receipt of information about credible risks of reprisals.
  • Treaty bodies to fully adopt and implement the San Jose guidelines.
  • The Assistant Secretary-General to ensure that rights holders and victims are kept regularly appraised of the status of their case.

     

    On the same day ISHR published a statement to the 35th session of the Human Rights Council, ISHR calling for a stronger focus on the implementation of Universal Periodic Review recommendations and the development of processes to ensure civil society can freely engage without fear of intimidation and reprisal. ‘Civil society is not only necessary for developing recommendations, but is essential for the working towards the implementation of these recommendations. The role of civil society must therefore be protected and enhanced’, said ISHR.

    While recommendations received are often accepted at ‘Geneva level’, implementation of these recommendations on the ground remains patchy. Item 6 on the agenda of the UN Human Rights Council provides a opportunity for dialogue on implementation.

    Alleged cases of intimidation and reprisals of human rights defenders engaging or seeking to engage in the UPR have escalated. ISHR received reports of cases in Egypt, India and Venezuela in the past year. Ongoing reprisals in Bahrain  are particularly concerning, including the imposition of travel bans on 27 defenders during the 27th UPR pre-session – including Sayed Hadi Al Musawi – as well as the interrogation of Abtisam Alsayegh in relation to her UN engagement. ISHR’s statement reiterated calls for States to ask advance questions, and make recommendations about the prevention, investigation, prosecution and remediation of reprisals.

    Reprisals against human rights defenders for their engagement with the UPR remain worryingly prevalent,’ said McEvoy. Given civil socity’s fundamental role in the UPR, we call on the President, Bureau and Secretariat to establish an institutionalised reprisals mechanism to prevent, investigate, remedy and promote accountability for reprisals associated with the UPR’, McEvoy continued. These calls form part of ISHR’s broader strategy to strengthen the UPR  which can be accessed hereContact: Tess McEvoy, Programme Coordinator and Legal Counsel, and focal point for ISHR’s UPR advocacy, on: t.mcevoy@ishr.ch.

    http://www.ishr.ch/news/report-sg-un-and-states-must-do-more-prevent-and-ensure-accountability-reprisals-0