Where possible I like to extend coverage to countries that normally do not figure highly in the news. This press statement of 22 May 2015 from the UN Human Rights Office provides the occasion to zoom in on the Pacific island of Nauru.
Voicing concern over recent amendments to the Criminal Code in Nauru which “unduly restrict” freedom of expression, a United Nations expert on the issue today urged the Government to revoke such measures to fulfil its human rights obligations. “These new laws could be used to muzzle dissenting opinions and deter human rights defenders, academics, journalists, students, politicians and civil society members”, David Kaye, the UN Special Rapporteur on freedom of opinion and expression, warned.
Ambiguous and imposing harsh penalties, the amended Criminal Code also includes up to seven years in prison for a wide range of legitimate expression, according to Mr. Kaye. Nauru has also curtailed the freedom of press. It imposed a prohibitive $6,500 fee for a single entry visa for foreign journalists in 2014.
“Nauru should allow free space for expression without fear of criminal prosecution,” he said, adding that “it should lift all restrictions to access internet and social media, and facilitate access to the media in the country.” Since April, the authorities have blocked access to social media and internet to prevent pornography and “cyberbullying” and to protect the national culture. These restrictions, however, are “designed to prevent asylum seekers and refugees in the country from sharing information on their situation,” stressed the independent expert.
The Office of the UN High Commissioner for Human Rights issued the following statement after the failed coup d’etat in Burundi:
“We are very concerned by developments in Burundi over the past two days, and call on all armed forces and non-state actors to refrain from taking actions which may endanger the lives of civilians and to ensure their protection from the effects of conflict. There is a clear risk that the instability may be prolonged, or even made worse, if there are violent reprisals.
We have received reports of numerous attacks on both private and state media with radio and television stations destroyed, endangering the lives of the journalists who were still inside them at the time. We call for a re-opening of all media outlets and the respect of the independence of journalists. There is also an urgent need to ensure the safety of human rights defenders and journalists. To give just one example, one of Burundi’s most prominent human rights defenders, Pierre-Claver Mbonimpa [Laureate of the MEA in 2007 – ed], has had to go into hiding after receiving death threats.
Those who incite or engage in acts of mass violence are liable to be prosecuted by competent judicial bodies, as reflected in the recent statement by the Chief Prosecutor of the International Criminal Court.
We are also very concerned that political instability and reports of intimidation of civilians could result in an even greater humanitarian crisis. There is a significant increase of refugees fleeing Burundi to neighbouring countries, with reports of rapidly deteriorating sanitary conditions in some locations where large numbers of refugees have gathered, such as Kagunga in Tanzania.”
Colombia‘s Supreme Court sentenced the former head of the country’s secret police to 14 years in prison for spying on officials and journalists. Maria del Pilar Hurtado committed the offenses between 2007 and 2008, targeting political opponents of then-President Alvaro Uribe. UPI reports on 1 May 2015 that a number of human rights organizations, including the International Federation for Human Rights (FIDH) and Oxfam Solidariteit, applauded the convictions, saying it “confirms the existence of a system of espionage, persecution, harassment and threats against opponents, judges, journalists and human rights defenders, designed and organized at the highest levels of Alvaro Uribe Velez’s government.”
[When the allegations surfaced in 2010, Hurtado sought asylum in Panama. Her asylum was later revoked and she turned herself in to Colombian authorities in January. Uribe’s former chief of staff, Bernardo Moreno, was also convicted for his role in the illegal wire taps and was sentenced to eight years of house arrest Uribe has denied any knowledge of the illegal acts. He announced via Twitter on Thursday that he would appear before the Supreme Court on May 5 to answer questions.]
High Commissioner for Human Rights Zeid Ra’ad Al Hussein (second left) at a roundtable discussion during his mission to Burundi.Photo: UN Electoral Observation Mission in Burundi (MENUB)
The UN High Commissioner for Human Rights left Burundi on 15 April with a final exhortation that “Burundian parties must choose the path to democracy and the rule of law“. Only a week later the authorities increased their crackdown on dissent to silence those who oppose a third term for the President.
“This is a critical moment in Burundi’s history,” said UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein during his mission to Burundi. “Its future may well depend on which path is chosen by individual politicians and their supporters, as well as various key authorities, over the next few weeks.”… “And history – and possibly national or international courts – will judge those who kill, bribe or intimidate their way to power.”
He pointed out that recent events were of great concern, with tensions rising sharply over the past few months as the elections approach, reportedly stoked by an increase in politically motivated harassment, intimidation and acts of violence, as well as a reported rise in hate speech. He pointed to “extreme examples of hate speech” heard at a pro-Government political rally in Bujumbura and several examples of attacks on and intimidation of journalists, human rights defenders and opposition politicians.
“I will put it bluntly,” he said “As I prepared for this mission, I talked to many knowledgeable people, within and outside the UN, in Geneva and New York. They were all, without exception, alarmed about the direction the country appears to be taking. The Secretary-General has signalled his concerns, and so has the Security Council.”
He cited the main cause for concern as the pro-Government militia called the Imbonerakure, which he said appeared to be operating increasingly aggressively and with total impunity. People were fleeing the country, with up to 1,000 people per day crossing into Rwanda, and many of those leaving telling UN officials that their reason for leaving is fear of the Imbonerakure.
Mr. Zeid said the Government needed to send a clear message that extremism and impunity would no longer prevail and he added that all political demonstrations needed to be treated equally and in accordance with international laws and standards relating to freedom of assembly. Opposition politicians needed to play a part, too, refraining from inflation or exaggeration of facts to whip up anti-Government support and feed a climate of fear. They also needed to ensure that their supporters protest peacefully, and do not indulge in hate speech or react violently to perceived provocations. He said he had held several meetings since arriving in Burundi on Sunday, including with the country’s top officials, as well as civil society organizations, the National Human Rights Institution (CNIDH), foreign diplomats, opposition politicians, and key State institutions such as the Truth and Reconciliation Commission, the Independent National Electoral Commission, and the President of the Constitutional Court. “During the course of these meetings and discussions, it was very clear that many people here are also extremely worried,” …. “Ultimately, it is the authorities who have the obligation to protect all citizens and residents from intimidation and violence committed by any individual or group. They must also accept that criticism is a vital element of democracy, not a threat that must be crushed.”
A week later Front Line Defendersand the African defenders network EHAHRDP reported inter alia:
a clampdown on human rights defenders and journalists by Burundian authorities in connection with ongoing protests against President Nkurunziza’s bid for a third term widely deemed unconstitutional by Burundi’s civil society (with AP reporting 6 people killed at demonstrations over the weekend)
on 27 April 2015, human rights defender Pierre Claver Mbonimpa was arrested and released a day later without charge after being held in police custody approximately 48 hours [Pierre Claver Mbonimpa, Laureate of the MEA 2007, is the President of the Burundi Association for the Promotion of Human Rights (APRODH). He is also a member of the coalition “Halt to Nkurunziza’s third term”, a peaceful campaign which was launched in January 2015 by several civil organisations to oppose a third presidential term]. In May 2014, Pierre Claver Mbonimpa was also arrested and much later released [https://thoolen.wordpress.com/2014/09/30/news-from-burundi-release-of-human-rights-defender-pierre-claver-mbonimpa/].
an arrest warrant seems also to have been issued against human rights defenders Messrs Pacifique Nininahazwe and Vital Nshimirimana from the Forum for the Strenghtening of Civil Society (FORSC), who are perceived as leading organisers of the campaign against the Nkurunziza’s third term.
state authorities forcibly closed the Bujumbura and Ngozi offices of the African Public Radio (Radio Publique Africaine – RPA), a private radio station of Burundi known for dealing with human rights-related issues
0n Monday morning, police forcibly closed the Media Synergy Press Conference that was taking place at Maison de la Presse in Bujumbura.
“The risks facing human rights defenders in Burundi, as well as the wider civilian population, are now at critical proportions,” said EHAHRDP’s director Hassan Shire.
I tend not to refer to all cases of human rights defenders detained or sentenced. Sadly there are too many, but also they are often covered by many human rights NGOs and other media. I make an exception for two recent cases which were done by serial offenders China and Azerbaijan:
– A Chinese court sentenced 71-year old journalist, Gao Yu, to 7 years in jail, accusing her of ‘leaking’ an inner Communist Get together document to an overseas site. Many NGOs, human rights defenders and media outlets have condemned the harsh sentence, as well as several States and the EU.
The long-read for the weekend comes from Counterpunch, 13/15 February 2015 where Graham Peebles treats the horrible media situation in Ethiopia. Basing himself on a variety of UN and NGO sources – including the recent report by Human Rights Watch – he describes in detail and by name what happens to journalists and human rights defenders who try to cover reality.
Reporters Without Bordersrecently published its 2014 World Press Freedom Index. It has a nice easy-to-use and colorful map. The accompanying text spotlights the negative correlation between freedom of information and conflicts, both open conflicts and undeclared ones. In an unstable environment, the media become strategic goals and targets for groups or individuals whose attempts to control news and information.
The ranking of some countries has also been affected by a tendency to interpret national security needs in an overly broad and abusive manner to the detriment of the right to inform and be informed. This trend constitutes a growing threat worldwide and is even endangering freedom of information in countries regarded as democracies. Finland tops the index for the fourth year running, closely followed by Netherlands and Norway, like last year. At the other end of the index, the last three positions are again held by Turkmenistan, North Korea and Eritrea, three countries where freedom of information is non-existent. Despite occasional turbulence in the past year, these countries continue to be news and information black holes and living hells for the journalists who inhabit them. This year’s index covers 180 countries.
Azerbaijani human rights defender Emin Huseynov is in hiding in the Swiss embassy in Baku since 18 August, 2014 reports the ”Caucasian Knot” referring to the Norwegian Human Rights House Foundation. He went there after the Azerbaijani authorities searched the office of the Institute for Reporters’ Freedom and Safety (IRFS) and confiscated equipment and documents. The office of the organisation remains sealed since 11 August, 2014, and the employees are called to interrogation. According to the article, Florian Irminger, the head of the Geneva office of the HRHF thinks that Switzerland should go on supporting the Azerbaijani human rights defender on humanitarian grounds: ”His stay at the Embassy is justified with the crackdowns level in the country, false charges against human rights defenders in Azerbaijan, and the impossibility to defend oneself in the court because of the lack of judicial system independence in the country and pressure on their lawyers’‘. The Swiss Foreign Ministry confirmed in the “Rundschau” that they had provided the Azerbaijani human rights defender with shelter on humanitarian grounds. ‘‘Since then we’ve been discussing the matter with the Azerbaijani officials in order to find a solution to the situation,” the Swiss Foreign Ministry written response reads. Read the rest of this entry »
Simon Delaney, a media lawyer and advisor to the Decriminalisation of Expression Campaign, in The Guardian of 4 February reports on an important judgement by the African Court on Human and Peoples’ Rights on press freedom by ruling that criminal defamation laws cannot include custodial sentences or sanctions that are disproportionate, such as excessive fines.
[In 2012, Lohé Issa Konaté, the editor of a weekly newspaper in Burkina Faso, was found guilty of criminal defamation and sentenced to 12 months in prison after he published two articles accusing a public prosecutor of abusing his power. Konaté‘s paper was shut down for six months and he was ordered to pay an exorbitant fine, plus compensation and costs. Konaté argued that he was wrongfully punished for legitimate investigative journalism and his rights to freedom of expression were violated. A coalition of 18 media and human rights organisations added that criminal defamation laws undermine the democratic rights of the media and citizens to hold their governments to account. The court found that, although the Burkinabé law served the legitimate objective to protect the honour and reputation of public officials, the penalty of imprisonment was a disproportionate interference in the exercise of freedom of expression by Konaté and journalists in general. The court ordered Burkina Faso to change its criminal defamation laws and pay compensation to Konaté.]
The judgment is significant not so much because of the content of the decision (which is in line with international standards] but because it is homegrown ‘African’ decision.
The judgment, which is binding on African Union member states, gives impetus to the continent-wide campaign to decriminalise defamation. It also paves the way for the decriminalisation of ubiquitous laws prohibiting “the publication of matter with intent to bring the president into hatred, ridicule or contempt” and “the publication of false news with intent to cause fear and alarm to the public”.
It may not be the most important news, but the simple fact that a Conference on Human Rights Defenders in Somalia is being held in Mogadishu at all is not what one expects. A delegation of the African Human Rights Commission led by Reine Alapini Gansou arrived in Mogadishu, Somalia on Monday for the one-day conference.
“The conference is a wider and nationwide consultative meeting that will be focusing improving protection capacity and promoting the right to defend human rights in Somalia and to achieving a safe working environment for Somali HRD’s, especially most-at-risk HRDs including the journalists and the civil society members.” Hassan Shire, the chairperson of the Pan African Human Rights Defenders Network said in a press briefing at his hotel.
Hans Thoolen on Human Rights Defenders and their awards 