The ink on the bill for the protection of human rights defenders [see: https://humanrightsdefenders.blog/2019/06/04/philippines-human-rights-defenders-protection-bill-adopted-in-parliament/] has hardly dried and the following is reported: on 2 June 2019 union organiser Dennis Sequeña was shot dead while meeting with workers. Sequeña was vice-chairperson of labour group Partido Manggagawa; group believes he was murdered for his trade union work. Civil society organisations condemn the killing & demand immediate investigation, as well as action to stop spate of attacks against labour activists.
Also on 7 June a group of UN human rights experts collectively called on the United Nations to establish an independent investigation into human rights violations in the Philippines, citing a sharp deterioration in the situation of human rights across the country, including sustained attacks on people and institutions defending human rights. “Given the scale and seriousness of the reported human rights violations we call on the Human Rights Council to establish an independent investigation into the human rights violations in the Philippines.”
“We have recorded a staggering number of unlawful deaths and police killings in the context of the so-called war on drugs, as well as killings of human rights defenders. Very few independent and effective investigations have taken place, independent media and journalists are threatened, the law has been weaponised to undermine press freedom, and the independence of the judiciary is undermined,” the experts said. [ndependent human rights experts appointed by the Human Rights Council have raised their concerns with the Government of the Philippines on 33 occasions over the last three years!]
In a statement of 8 May 2019 the ISHR and other NGOs had recalled that: the Philippines is one of the most dangerous countries for human rights defenders. They persevere under harsh conditions, fighting against repression and corruption to make a better society for all. They continue their work so the most vulnerable are protected and their voices are heard. ISHR – along with CIVICUS, Frontline Defenders, FORUM Asia, FIDH, and the World Organisation Against Torture– released a joint statement denouncing recent death threats addressed to Karapatan Secretary General, Cristina Palabay, and urging the Philippine Government to respond to the threats against human rights defenders by taking genuine and effective measures for their protection.
The House of Representatives in the Philippines on 2 June 2019 passed the proposed Human Rights Defenders Protection bill that should prevent human rights violations and abuses committed against HRDs. Surprsingly all 183 congressmen present at last night’s session voted for House Bill 9199, a consolidation of bills filed by Rep. Edcel Lagman (LP, Albay) and Makabayan Reps. Carlos Isagani Zarate, Antonio Tinio, Emmi de Jesus, Arlene Brosas, Ariel Casilao, and Sarah Jane Elago. A badly needed bill as the Philippines is one of the worst places for HRDs [see e.g.: https://humanrightsdefenders.blog/2018/11/08/and-in-the-philippines-the-killing-of-human-rights-defenders-also-continues-with-benjamin-ramos/]. As always the real question is what wil happen in practice.
The bill guarantees HRD rights and freedoms; mandates the State and public authorities to respect, protect, and fulfill these rights and freedoms; and imposes appropriate sanctions to counter impunity. Lagman said Karapatan Alliance for the Advancement of Human Rights recorded the killing of 697 human rights defenders in the country for the period 2001-2018 while Task Force Detainees of the Philippines documented 76 human rights violations affecting 333 HRDs from September 2013 to September 2016 alone.
IF signed into law, the bill will also create a Human Rights Defenders Protection Committee chaired by a commissioner of the Commission on Human Rights and six members who will be jointly nominated by concerned civil society organizations. HB 9199 is based on the United Nations Declaration on Human Rights Defenders and the Model National Law on the Recognition and Protection of Human Rights Defenders drafted by the International Service for Human Rights.
The bill grants the following rights and freedom to human rights defenders:
Right to promote and protect human rights and fundamental freedoms
Right to form groups, associations, and organizations
Right to solicit, receive, and utilize resources
Right to seek, receive, and disseminate information
Right to develop and advocate for human rights ideas
Right to communicate with non-governmental, governmental, and intergovernmental organizations
Rights against vilification
Right to access, communicate, and cooperate with international and regional human rights bodies and mechanisms
Right to participate in public affairs
Right to peaceful assembly
Right to represent and advocate
Right to freedom movement
Right to privacy
Freedom from intimidation or reprisal
Right to establish a sanctuary for human rights victims and or their families
Freedom from defamation and stigmatization
Right to exercise cultural rights and to development of personality
Right to effective remedy and full reparation
The bill penalizes those who will violate the rights and freedom. Human right defender’s obligations, meanwhile, include conducting investigation; adopting human rights based governance; strengthening protection program; promoting and facilitating human rights education, among others.
ISHR published on 25 Octpber 2018 this interview with Namibian women’s rights defender Linda RM Baumann. “We carry out the universal responsibility to insure that all people are protected” affirms Linda RM Baumann in her interview with ISHR. Linda is strategic coordinator for Namibia’s Diverse Women Association (NDWA) and she advocates for LBT’s women rights.
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/
With this video Phil Lynch announces the launch of ISHR’s 2019 annual report.
Here a few examples of the major achievements:
We provided intensive training and strategic advocacy support to over 230 defenders from around the world, equipping them with the expertise and networks to use the international human rights system to achieve national-level change.
We strengthened national and international law and jurisprudence on the recognition and protection of defenders, including women human rights defenders and migrant rights defenders.
We focused attention on the situation of defenders in highly restrictive environments, such as China, Egypt and Saudi Arabia, increasing political pressure for the release of arbitrarily detained defenders, extracting a political cost for attacks and reprisals against them, and highlighting cases in the international and national press.
We met with the UN Secretary-General, the UN High Commissioner for Human Rights, heads of State and foreign ministers from across the world, pressing each of them to prioritise the recognition and protection of defenders.
We worked with powerful and influential multinational corporations to secure their high-level commitment to respect and protect defenders, even defenders who oppose and protest against their activities.
We partnered with national actors in a wide range of countries – from Guinea to Jamaica, from Colombia to Tunisia, and from Mali to Mongolia – to secure a safe and enabling environment for defender’s vital work.
Last year ISHR interviewed Nayaali Ramirez Espinosa, a lawyer providing legal assistance to Mayan communities in the region of Holpelchén, in the State of Campeche in Mexico. She expresses her satisfaction with some legal achievements such as the indigenous consultation in the region. It was published on 13 December, 2018.
The ISHR reports that on 21 March 2019 the UN Human Rights Councilhas adopted a strong consensus resolution recognising the critical role of environmental human rights defenders in protecting vital ecosystems, addressing climate change, attaining the sustainable development goals (SDGs) and ensuring that no-one is left behind. [See also: https://humanrightsdefenders.blog/2019/01/09/front-line-defenders-says-record-number-of-activists-killed-in-2018/].
The resolution meets many of the civil society demands ISHR expressed in a joint letter along with more than 180 groups (see reference below). By formally acknowledging the important role of environmental human rights defenders, the Council highlights the legitimacy of their work, helps counter stigmatisation and can contribute to expanding their operating space. Though the resolution falls short in some key areas, its adoption by consensus is a positive step towards better protection of environmental human rights defenders. It must now be followed by implementation at the national level by all relevant stakeholders, including States, UN agencies, businesses and development finance institutions….
The resolution was led and presented by Norway, on behalf of 60 States from all regions. In particular, many Latin American States strongly supported the resolution, which is significant given the dangerous situation for defenders in many of those countries. The consensus on the protection of environmental human rights defenders is a welcome sign of unity by the international community in recognising their vital contribution to a biodiverse and healthy environment, to peace and security, and to human rights.
‘We now look to States, business enterprises and development finance institutions to take rapid and decisive steps to address the global crisis facing environmental human rights defenders’, said Michael Ineichen, Programme Director at the International Service for Human Rights. ‘This means States need to create protection mechanisms which guarantee the security of defenders. States must also ensure that businesses put in place specific policies and processes allowing for the inclusion of human rights defenders and their concerns in due diligence processes’, Ineichen said.
Expresses alarm at increasing violations against environmental defenders, including killings, gender-based violence, threats, harassment, intimidation, smear campaigns, criminalisation, judicial harassment, forced eviction and displacement. It acknowledges that violations are also committed against defenders’ families, communities, associates and lawyers;
Recognises that the protection of human rights defenders can only be achieved through an approach which promotes and celebrates their work. It also calls for root causes of violations to be addressed by strengthening democratic institutions, combating impunity and reducing economic inequalities;
Pays particular attention to women human rights defenders, by stressing the intersectional nature of violations and abuses against them and against indigenous peoples, children, persons belonging to minorities, and rural and marginalised communities;
Urges States to adopt laws guaranteeing the protection of defenders, put in place holistic protection measures for and in consultation with defenders, and ensure investigation and accountability for threats and attacks against environmental human rights defenders; and
Calls on businesses to carry out human rights due diligence and to hold meaningful and inclusive consultations with defenders, potentially affected groups and other relevant stakeholders.
While the resolution was adopted by consensus, the unity came at the price of a lack of specificity in certain areas. For instance, the resolution does not clearly recognise all of the root causes of the insecurity facing environmental human rights defenders, as documented by UN experts, nor comprehensively name the perpetrators or the most dangerous industries. It also fails to clearly spell out the human rights obligations of development finance institutions, and to detail the corresponding necessary steps to consult, respect and protect the work of environmental human rights defenders.
In two statements delivered to the 40th Session of the Human Rights Council, ISHR and Amnesty International reacted to the latest Joint Communications Report of the UN Special Procedures – independent human rights experts, appointed to monitor and report on human rights violations and to advise and assist in promoting and protecting rights. The report cites nine cases of reprisals against human rights defenders cooperating with the UN, and reveals that 95 states have not responded to letters from the UN experts concerning human rights violations.
There are two, related issues at stake here: (1) non-response to letters from the UN, and even worse (2) reprisals against human rights defenders who cooperate with the UN.
As Helen Nolan of ISHR explains, 35 States have recently failed to respond to two or more of these letters. 13 of these nations are members of the Council. ‘Repeat offenders are a particular concern,’ says Nolan. ‘India has failed to reply to a staggering 8 communications, Mexico 6, Italy 5, and Bangladesh and Nepal 4 each.’ Nolan emphasises that a failure to reply is a failure to cooperate, and welcomes the fact that the recently published report of the Annual Meeting of Special Procedures focuses on non-cooperation, including ‘more subtle forms’, such as selective cooperation with particular mandates. ‘To encourage cooperation, the Council must make non-cooperation more costly,’ says Nolan. ‘We urge the President of the Council to work closely with the Coordinating Committee of the Special Procedures to find ways to do this,‘ adds Nolan.
ISHR and Amnesty International’s second statement noted that under GA Resolution 60/251, Council members must ‘fully cooperate with the Council.’ Yet, the report cites nine cases of reprisals involving these members:
China sought to revoke the Society for Threatened Peoples’ ECOSOC status after vexatiously alleging that a person accredited by them, Dolkun Isa, participated in incitement and funding of separatism and terrorism, in retaliation for cooperation with the UN;
Egypt carried out forced evictions, and violations of the rights to physical integrity, liberty and security against individuals who cooperated with the Special Rapporteur on the right to adequate housing during her recent visit;
Iraq carried out unlawful arrest, enforced disappearance and torture against Imad Al Tamimi and intimidated and threatened Israa Al Dujaili for cooperating with the UN;
Libya arrested an individual in retaliation for taking steps to clarify the fate and whereabouts of his father, including with UN mechanisms;
The Philippines labeled defenders “terrorists” in reprisal for their engagement with the UN;
Russia surveilled, intimidated and harassed Yana Tannagasheva and her husband, for speaking out about impacts of coal mining on indigenous people in Siberia and in possible reprisal for their communication with UN mechanisms;
Turkmenistan carried out reprisals against a defender and her husband for her cooperation with the UN; and
In Yemen, forces loyal to President Hadi and the Saudi-led coalition detained human rights defenders Radhya Al-Mutawakel and Abdulrasheed Al-Faqih for cooperating with the UN.
Nishita, JhaBuzzFeed, reports on 20 March 2019 that many women who were slated to participate in the UN Commission on the Status of Women have been denied visas, especially lawyers, activists, and women who deliver reproductive health care services from African and Middle Eastern countries that fell under Donald Trump’s travel ban.
The International Service for Human Rights said it was aware of at least 41 women who have been denied visas to attend the conference this year — but this figure is said to be only “the tip of the iceberg” and likely to increase.
Women who wanted to attend CSW this year from countries like Iran, Sudan, Zimbabwe, and Syria were asked to provide supporting documents like marriage certificates, proof of property ownership, letters stating employment status, proof of finances, and even proof of birth certificates or proof showing that they have children, according to the petition.
Lyndal Rowlands, advocacy officer with the UN-accredited organization CIVICUS, told BuzzFeed News that among all the people that were denied visas, women from countries that fell under the Trump administration’s travel ban were disproportionately affected. “Last year and this year we have also heard of women from Pakistan and Nepal who were denied visas,” she said. …Most of the women applying for visas, Rowlands said, had not traveled to the US before — a deliberate decision by organizers who wanted a diverse range of women present at the United Nations, not just pundits and experts who travel all the time but women who work at the grassroots.
“It’s essential that women who are at the front lines working on women’s rights are present when their rights and the rights of the women they serve are being discussed,” she said. “Governments and UN officials that attend the conference can make better policies when they are informed by the experiences of women who face some of the biggest uphill battles when it comes to fighting for gender equality — for example, delegates who were unable to attend include lawyers and advocates who represent women who have been imprisoned for their activism, [and] women who deliver reproductive health care services.”
Hans Thoolen on Human Rights Defenders and their awards 