On 7 March 2024, the ISHR report that the Inter-American Court of Human Rights examined the Escazú Agreement’s role in safeguarding environmental defenders, a landmark move for climate justice and human rights
The Advisory Opinion, which has already garnered a record number of interventions – over 250, a record in the history of the court – will mark a rare instance in which the Court will analyse a treaty that is not part of the Inter-American System, but of the Economic Commission for Latin America and the Caribbean: the ‘Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean’, also known as the ‘Escazú Agreement‘. For more on this, see: https://humanrightsdefenders.blog/tag/escazu-agreement/
In order to support the protection of environmental defenders, ISHR filed an intervention on environmental defenders, in collaboration with CIEL, FARN, and other international, regional and national organisations and human rights experts.
The obligation to effectively protect EHRDs
The Inter-American Court of Human Rights has already recognised that States are obliged to protecthuman rights defenders, arising from the general obligations to protect the rights to life and integrity of the person, among others. However, the Court has yet to expressly establish whether protecting environmental defenders is an obligation that also derives from environmental commitments made by States, as these stakeholders are an indispensable partner in the fight against climate change.
This is an opportunity for the Court to recognise that, in order to guarantee the right to a clean, healthy and sustainable environment, States must protect environmental defenders, as violating their rights also violates the rights they are defending.
The Court is also called to elaborate upon the specific protection needs of Indigenous, women and youth defenders. These groups face particular forms of attacks which must be addressed with cultural and gender perspectives, taking into account not only the particularities of the attacks they suffer, but also of their needs and desires.
In the case of Indigenous groups, the existing jurisprudence of the Court on recognising collective rights, along with the language used in article 9 of the Escazú Agreement – which establishes that ‘persons, groups and organisations’ can defend human rights – provides an opportunity to firmly establish the existence of a collective right to defend human rights, as well as the State’s obligation to set up and adapt their protection measures and mechanisms to ensure that collective protection is available when needed.
Environmental defenders and ‘access rights’
While the express mention of environmental defenders in the Escazú Agreement is extremely important, it is not its main focus. The treaty contains several obligations for States to guarantee access to information, to decision-making spaces and to justice in environmental matters.
These ‘access rights’ are applicable to all persons, but the Inter-American Court must reaffirm and elaborate upon its own jurisprudence related to their applicability for environmental defenders, which states that: ‘defenders cannot properly defend environmental rights if they cannot exercise their own rights of access to information, freedom of expression, assembly and peaceful association, guarantees of non-discrimination and participation in decision-making‘.
This is also an opportunity for the Court to clearly assert that private actors are also under the obligation to respect these rights, which includes conducting meaningful consultations and ensuring the free, prior and informed consent of communities affected by their projects.
The extent of the Advisory Opinion
Latin America is the region with the most and the oldest laws and protection mechanisms regarding human rights defenders, so it was only logical that it would be the first region to adopt the first treaty that expressly protects them.
The Inter-American Court has also been a pioneer in this regard. It was the first regional human rights court to deal with human rights defenders’ cases and order structural reforms to better protect them.
These successes must be celebrated, but there is still work to be done. The coming years will see an increase in three areas, all linked with one another: climate crisis, the amount of environmental defenders, and the risks faced by defenders.
The Court must seize this opportunity and set an example for countries in the region and beyond on how to properly defend the rights of those that defend our rights.
On 15 February 2024 AP carried the story that Venezuela’s government has ordered the local UN office on human rights to suspend operations, giving its staff 72 hours to leave, after accusing the office of promoting opposition to the South American country. The UN office was established in Caracas in September 2019.
The foreign affairs minister, Yván Gil, announced the decision at a news conference in Caracas on Thursday. Gil’s announcement came on the heels of the detention of the human rights attorney Rocío San Miguel, which set off a wave of criticism inside and outside Venezuela.
The South American country’s government said it had made a decision “to suspend the activities of the technical advisory office of the UN high commissioner for human rights and carry out a holistic revision of the technical cooperation terms”.
The government said the UN human rights office must rectify its “colonialist, abusive and violating attitude”, accusing it of playing an “inappropriate role” in the country and supporting impunity for people involved in attempts at assassination, coups, conspiracies and other plots.
The Venezuelan government regularly accuses members of the political opposition of plotting takeovers or the assassination of President Nicolas Maduro, all accusations vehemently denied by opposing parties and their members.
“We regret this announcement and are evaluating the next steps. We continue to engage with the authorities and other stakeholders,” said UN human rights office spokesperson Ravina Shamdasani. “Our guiding principle has been and remains the promotion and protection of the human rights of the people of Venezuela.”
Venezuelan state television on Wednesday harshly criticized comments by the UN’s special rapporteur on the right to food, Michael Fakhri, who just concluded a visit to Venezuela. Fakhri had said in a statement the government food program does not tackle the root causes of hunger and is susceptible to political influences.
San Miguel was taken into custody on Friday at the airport near Caracas while she and her daughter awaited a flight to Miami. Authorities did not acknowledge her detention until Sunday, and as of Wednesday her attorney had not been allowed to meet with her.
San Miguel’s daughter, ex-husband, two brothers and former partner were also detained following her arrest. Of them, only her former partner remains in custody.
On January 12, 2024, Thomas Antkowiak in Just Security reflects on dangers of HRDs in Mexico and Latin america generally, motivated by the fate of his friends Ricardo and Antonio Díaz Valencia.
…Strategic use of the legal mechanisms—bolstered by the research and financial resources, political leverage, reputations, and media connections of Northern institutions—can be very effective to obtain remedies for victims of rights violations, and even to bring about legal reform and structural change. But the methods are toothless, and even misguided, without partners like Ricardo, the expert local attorneys. Truly, without such counterparts, this kind of human rights project lacks legitimacy. Without sustained connections to the affected communities, it would become just another decree handed down from the ivory tower.
In our isolated and polarized world, virtual meetings may have increased productivity in international lawyering, but they can further insulate us—cutting off deeper engagements to our clients abroad and the communities we hope to work with. In contrast, frontline defenders are fully connected and, of course, face all the risks. Authoritarian governments, criminal organizations, and complicit transnational corporations are all closing in. Can we still sense their peril?
If these human rights advocates are in more jeopardy than ever, so are the human rights themselves. Frontline defenders are the torchbearers of the international human rights movement. As such, they deserve the honors, the funding, and the protection. For the work to continue, we urgently need to do our part: the Global North’s human rights organizations, governments, universities, foundations, and businesses must coordinate to shield and support them.
Certainly, someinstitutions are already doing good work. Where to redouble our efforts? First, let’s ask the defenders themselves what they most need, recalling that their role is primary and their safety paramount. In the case of Mexico, there is almost total impunity for these types of cases. If the cartels, corrupt officials, and their accomplices cannot be held accountable, the killings will continue unabated (and thousands will keep fleeing from the violence to the southern U.S. border). When the defenders’ work becomes too hazardous, asylum must be streamlined—and the opportunity forever preserved. U.S. legislation and political pressure on Mexico play key roles here. So does divestment from colluding transnational corporations.
Every day, I wish that we could have somehow prevented the disappearance of my cherished friend and long-time collaborator. Through various channels, Global Rights Advocacy, other colleagues, and my clinic continue to push the Mexican government to find Ricardo and Antonio, and to prosecute the case. The world cannot afford the loss of another Ricardo, Berta Cáceres, Thulani Maseko. Without such guiding lights, we won’t be marking another 75 years of the international human rights movement.
On Friday 8 December 2023 the UN Office on Drugs and Crime (UNODC) said that more people were killed due to homicide than armed conflict and terrorism combined in 2021, with an average of 52 lives lost per hour worldwide. The Global Study on Homicide analyzes the complex dynamics behind these violent deaths and includes a special section on how organized crime is driving death rates up in Latin America and the Caribbean.
The report examines homicides related to criminal activities and interpersonal conflict, as well as “socio-politically motivated homicides” such as the deliberate killing of human rights defenders, humanitarian workers and journalists.
UNODC chief Ghada Waly said the loss of thousands of lives each year to homicide is “a sombre reminder” of the collective failure of the international community to reduce all forms of violence by 2030, in line with the Sustainable Development Goals (SDGs). The report revealed that during the period from 2019 to 2021, an average of roughly 440,000 deaths worldwide were due to homicide – more than conflict-related or terrorist killings combined.
UNODC said 2021 “was an exceptionally lethal year”, marked by 458,000 homicides. The spike was in part linked to economic repercussions from the COVID-19 pandemic and to a rise in organized crime and gang-related and socio-political violence in several countries.
Organized crime accounted for 22 per cent of homicides globally, and 50 per cent in the Americas, where competition among organized crime groups and gangs can spark a sudden and sharp rise in “intentional homicides”, as has happened in Ecuador and Haiti.
The Americas also lead the world in highest regional homicide rate per capita, with 15 per 100,000 population in 2021, or 154,000 people.
Africa had the highest absolute number of homicides at 176,000, or 12.7 per 100,000 population, “and available data suggests that the homicide rate is not falling, even as decreases have been registered in other regions,” the report said. Meanwhile rates in Asia, Europe and Oceania were far below the global per capita average of 5.8 per 100,000 population in 2021.
Firearms were used in most killings in the Americas in 2021, or roughly 75 per cent, whereas in Europe and Asia they were involved in 17 and 18 per cent of homicides, respectively.
Men accounted for 81 per cent of homicide victims and 90 per cent of suspects, but women are more likely to be killed by family members or intimate partners. “Although they represent 19 per cent of homicide victims in total, they account for 54 per cent of all killings in the home and 66 per cent of all victims of intimate partner killings,” UNODC said.
Aid workers under attack
The data also showed that the deliberate killings of human rights defenders, environmental defenders, community leaders, journalists, and aid workers represented nine per cent of global homicides. “The threat has increased for humanitarian aid workers, who witnessed a higher average number of fatalities over the period 2017-2022 than 2010-2016,” the authors said.
A new political space wanting to shape the future of Latin America was born in Mexico City on 1 November 2023. In an unprecedented meeting, more than 30 organisations, leaders and young people from Latin America gave life to the Free America Forum. A space to defend an agenda of Freedom and Democracy, as an alternative to the populism of the Puebla Group and the Sao Paulo Forum.
“Those of us who believe in the ideas of freedom and democracy are more and we are also better,” said Mexican Congresswoman Mariana Gómez del Campo, president of ODCA, when she opened the Free America Forum.
This group, together with political leaders from 18 Latin American countries, parliamentarians from Ukraine, Germany, the European Parliament, political representatives from the United States, civil society activists and human rights defenders, ratified their commitment to freedom and democracy.
The result of this first meeting was the signing of the Mexican declaration “For a Free America”, which alerts the world to authoritarianism and its consequences in the region, the need for respect for democratic principles such as free elections, the separation of powers, the need for independent justice, limits to the actions of those in power and respect for human rights.
As part of this declaration, the Free America Forum warns how the conditions of poverty and inequality have been “breeding grounds” for populist alternatives and how we must focus on “the integral development of the people”, guaranteeing a free and competitive economy. In the fight against organised crime, he called for the use of “the full force of the law and the rule of law”, rejecting “radically any negotiation and complicity with those who extort, steal, kidnap, murder and sow terror on the continent”.
In the face of human rights violations, they expressed their support and solidarity with the peoples of Cuba, Venezuela and Nicaragua as “sister nations that Bolivarian socialism has subjected to atrocious dictatorships and suffering”. The declaration also condemns the “unjustified aggression” of Vladimir Putin’s Russia against Ukraine.
This new space linking defenders of democracy around the world was created to counterbalance those who venerate and validate dictators and promote authoritarian narratives.
The study from Global Witness, a non-profit human rights environmental watchdog, shows that the killings of Indigenous peoples defending their territories and resources represented nearly 34 percent of all lethal attacks despite making up about 5 percent of the world’s population.
“Governments where these violations are happening are not acting properly to create a safe environment for defenders and a civic space proper for them to thrive,” said Gabriella Bianchini, senior advisor for the land and environmental defenders team at Global Witness. “They are not reporting or investigating and seeking accountability for reprisals against defenders. And most importantly, they are not promoting legal accountability in the proper manner.”
Latin America has consistently ranked as the deadliest region for land defenders overall and saw almost 9 in every 10 recorded killings in 2022. More than a third of those fatal attacks took place in Colombia. In 2021, Brazil was named the deadliest country for land defenders by Global Witness and now sits at second; In July, activist Bruno Pereira and journalist Dom Phillips were murdered in the Brazilian Amazon.
Growing tensions from agribusiness, mining, and logging have led to consistent lethal attacks in the region. Between 2011 and 2021, for instance, more than 10,000 conflicts related to land rights and territories were recorded in Latin America alone.
“The worsening climate crisis and the ever-increasing demand for agricultural commodities, fuel, and minerals will only intensify the pressure on the environment — and those who risk their lives to defend it,” wrote the authors.
Earlier this year, Frontline Defenders, an international human rights organization, released a similar report to Global Witness’ with corresponding findings — including that Colombia was the most dangerous country for land defenders. [see:https://humanrightsdefenders.blog/2023/04/04/front-line-defenders-just-published-its-global-analysis-2022-new-record-of-over-400-killings-in-one-year/ . While Frontline Defenders reported that there were 186 land defender deaths in Colombia and Global Witness reported 60, Bianchini said differences in statistics are the result of different methodologies, which vary by organization. However, both organizations’ reports were united in findings: Indigenous people make up a disproportionate amount of the deaths among land and environment defenders, Latin America sees the highest rates of violence, and the number of killings is likely underreported.
“I am incredibly grateful and impressed to see the fight of all of these communities who are there living in these areas and who have been acting for thousands of years to protect the array of life,” said Bianchini. “I cannot believe that humanity right now is living in a moment where we are killing those who are protecting their own lands and civil rights.”
On 25 July, 2023 – International Afro-Latina, Afro-Caribbean and Diaspora Women’s Day, – Amnesty International highlighted nine defenders and collectives who have devoted their lives to ending inequality and violence, advocating a dignified life for all people because their work deserves the recognition, visibility, protection and resources necessary for it to continue to spread.
Rede Vozes Negras pelo Clima, Brazil
Rede Vozes Negras pelo Clima is an initiative of 11 Black Brazilian women who are working in their respective territories to protect human rights, confront climate racism and promote anti-racist socio-environmental justice. They belong to traditional, riverine quilombola communities. They are also activists and leaders of communities that live on the margins of large urban centres, communities that are being directly affected by the consequences of the climate crisis and development projects that fail to take into account the rights of local populations.
They are thus fighting for anti-racist adaptation policies and an energy transition that will guarantee the promotion of human rights and nature. Mitigation initiatives need to incorporate the ancestral knowledge and wisdom of traditional peoples and communities and ensure the participation of those people affected by extreme weather events when decisions are being made as to the investments that need to be made to repair losses and damage.
Dayana Blanco Acendra, Colombia
Dayana Blanco is a renowned Colombian lawyer who heads ILEX Acción Jurídica, an Afro-Colombian and Afro-LGBTQI+ organization committed to racial justice in Colombia, Latin America and the Caribbean. According to Blanco, “Racial justice in Colombia requires all of society to commit to combatting the historical inequality that has affected the Afro-descendant population. This means actions to address social and economic inequality.”
With an outstanding academic background and experience in different sectors, Dayana has promoted innovative research on racist police violence, statistical invisibility in the systematization of violence against Afro-descendant leaders and economic and social rights. In addition, together with her team and in coordination with other civil society organizations, she has obtained notable rulings in defence of Afro-Colombian midwifery, overcoming the statistical invisibility of the Afro-descendant population, among others, and demonstrating her dedication to the struggle for equality and justice.
Under her leadership, ILEX has – through legal mobilization, research and strategic communications – become a reference for promoting the rights of the Afro-descendant population. Dayana and her team highlight the importance of addressing social and economic inequality as a fundamental element of racial justice in Colombia, calling on the whole of society to unite in the struggle and build a more equitable future for all.
Donaida Pérez Paseiro, Cuba
Donaida Pérez Paseiro is a Black activist, religious leader and president of the Asociación Yorubas Libres de Cuba. Yoruba is a religion of the African diaspora that is practised in many countries, including Cuba. Donaida was arrested on 16 July 2021 and sentenced in February 2022 to eight years’ imprisonment by the Santa Clara Municipal People’s Court for “public disorder”, “contempt” and “attacking” an official. According to the information available to Amnesty International, Donaida should never have been charged with these crimes.
The charges of “contempt” and “public disorder” are frequently used in Cuba to limit the right to freedom of expression and peaceful assembly. Both she and her husband, Loreto Hernández García, were tried along with 14 other protesters in what appears to have been an unfair trial.
Donaida is the wife of Yoruba leader and activist Loreto Hernandez Garcia who was unjustly sentenced to seven years in prison for demanding respect for human rights in Cuba during the 11 July 2021 demonstrations.
Donaida is an example of courage and perseverance in the resistance against repression in Cuba. Her commitment has manifested itself in numerous peaceful marches and protests. According to her family, she was a freelance journalist and founded the Laurel Express press agency, where she gave visibility to the injustices and challenges faced by her community in the city of Placetas. Her activism spans multiple spheres, having been a member of the Orlando Zapata Tamayo resistance front and the central opposition coalition. Donaida’s legacy transcends borders and leaves a profound inspiration for those who seek a Cuba without repression.
Guerline M. Jozef, Haiti
Guerline M. Jozef is the founder and executive director of the Haitian Bridge Alliance, the only Black and Haitian women-led organization serving migrants on both sides of the U.S.-Mexico border. Named one of the most influential people in 2021 on racial issues by Politico, she is also co-founder of the Black Immigrants Bail Fund and the Cameroon Advocacy Network.
The Haitian Bridge Alliance (HBA), also known as “the Bridge,” is a grassroots community-based organization that advocates for just and humane immigration policies and provides migrants and immigrants with humanitarian, legal and social services, with a special focus on Black migrants, the Haitian community, women and girls, LGBTQIA+ people, and survivors of torture and other human rights abuses. HBA also seeks to highlight issues specific to Black migrants and encourages solidarity and collective action to bring about policy changes. Through her work, Guerline reminds us that together, Anpil men, chay pa lou! Many hands lighten the load!
Miriam Miranda, Honduras
An Afro-indigenous Garífuna leader from Honduras, Miriam Miranda stands out as a courageous defender of human and environmental rights. As coordinator of the Organización Fraternal Negra Hondureña (OFRANEH), she has carried out invaluable work to protect and defend the rights of the Garífuna people in Honduras. Her tireless work, lucidity and commitment have earned her the recognition of prestigious awards, such as that of the Friedrich Ebert Foundation, as well as the Carlos Escaleras and Oscar Romero awards.
Miriam’s struggle is deeply rooted in the Garífuna territory of Honduras and is manifested through the history of OFRANEH, an organization through which these people are building their dignity and their future. The land and the sea, as an indispensable part of their identity, determine an essential struggle to preserve the natural assets of their territory.
Miriam is a highly respected thinker and leader within the social movement. She has an enormous capacity to devour books and mobilize energies from all sides to defend her people. She is one of those people who make life possible, whose words always point forward and who finds strength in the deep roots of her origin, where her future of freedom was born. As the daughter of Barauda (representing Garífuna female strength, Barauda is an historical character who pushed the Garífuna hero Sathuye to continue the struggle for the liberation of his people), Miriam has turned her critical eye to the source of it all: the predatory civilization of consumerism.
Her tireless work and courage inspire others to keep fighting. Her contribution and leadership have already left an indelible mark on the history of Honduras and global struggles for territory. [see also: https://humanrightsdefenders.blog/tag/miriam-miranda/]
Shackelia Jackson, Jamaica
The extrajudicial killing of her brother, Nakiea Jackson, in 2014 pushed Shackelia Jackson into a life of activism. Since then she has been healing, evolving, learning and gathering the tools with which to reconcile her conflicting realities. A political science scholar and communicator, Shackelia is the mother of an empathetic child, who longs with innocence to experience the world. Despite challenges and setbacks, Shackelia remains dedicated to the wider struggle, supporting causes that prevent the institutionalization and normalization of practices that violate human rights and erode the sanctity of life.
Through her grassroots organizing efforts in Jamaica, she has raised funds to support back-to-school initiatives and education programmes, recognizing the importance of empowering the younger generation. Shackelia’s work has gone far beyond her local community. She has become a global force, lending her voice and expertise to international platforms. As keynote speaker at an Amnesty International event in London, she captivated the audience with her powerful words, urging them to stand up and take action. In 2017, Shackelia also participated in roundtable discussions at Amnesty International events in Brazil and the United States, amplifying the voices of the oppressed and demanding accountability.
It was on this journey that Shackelia realized that change starts with each individual. She has encouraged others to join her in writing for rights, and to use their words as weapons against injustice. “Let us write until we are heard, let us write until justice is done,” she said.
Ivana C. Fred Millán, Puerto Rico
Ivana Fred is a prominent Black and transgender activist, writer and leader from Puerto Rico. She has dedicated her life to fighting for human rights and equality for transgender people in her country. Her passion for justice has made her an influential figure and a powerful voice in Puerto Rican society.
Since her first steps into activism in 1999, Ivana has formed part of pioneering projects aimed at trans people and has used her voice and pen to amplify the stories and needs of trans people.
As she says: “Life put me in a place where I could develop as a leader, the ‘Ponte el Sombrero’ project gave me the tools to empower and educate socially disadvantaged and discriminated populations. That was how I came to understand that to exist is to resist”.
Ivana has also made her mark in the media, writing for the Metro newspaper and participating in acclaimed documentaries and films such as “Mala Mala” and “Las Muchachas”. Her presence and perspective have helped generate greater visibility and understanding of transgender experiences in Puerto Rico.
Ivana Fred is currently one of the directors of the organization Trans Goofy Games, where she continues to lead and support initiatives that promote transgender inclusion and empowerment. With unwavering commitment, Ivana has remained a visible leader and loyal activist. From her early days of activism to the present day, her voice has been resolute in seeking dignity and respect for all transgender people.
With her courage and determination, Ivana has shown that to exist is to resist and has paved the way for a more inclusive and respectful future in Puerto Rico and beyond. Her legacy as a visible leader and her tireless activism inspire us all to continue fighting for a world where everyone can live with equality and dignity.
Elena Lorac, Dominican Republic
Elena Lorac is a prominent activist and advocate for human rights in the Dominican Republic, especially on the part of Dominicans of Haitian descent. As national coordinator of the Movimiento Reconoci.do, she has led the fight for the right to nationality and full integration of this community into Dominican society.
With more than 12 years’ experience, Elena has worked to strengthen community leadership and empower black women in the country’s bateyes [sugar mill settlements]. She also provides support to Haitian migrants and Venezuelan migrants and refugees, and is known for her community-based approach.
Elena is also a nationally and internationally renowned speaker, speaking on issues such as nationality, discrimination and racism, and raising awareness of policies that affect Dominicans of Haitian descent in the Dominican Republic. Her tireless work has been instrumental in promoting human rights and achieving the real inclusion of this community in Dominican society.
Aracelis Sánchez, Venezuela
Aracelis Sánchez, a human rights defender and the founder of Organización de Familiares de Víctimas de Violación de Derechos Humanos (Orfavideh), is promoting solidarity and demanding justice together with more than 200 mothers of victims of extrajudicial executions in Venezuela.
Aracelis, who lost her son Darwilson Sequera, has been fighting for more than 10 years to get cases of human rights violations committed by Venezuelan state security forces investigated. Orfavideh provides human rights training workshops for mothers, equipping them with tools with which to demand guarantees and use the mechanisms of justice in Venezuela.
Aracelis stresses that when victims are empowered and able to put pressure on prosecutors, their cases are investigated. She believes that support and empowerment are essential to transform grief into positive action and thus achieve justice for victims and their families.
Santiago Cantón, secretary general of the International Commission of Jurists. (Geneva Solutions/Michelle Langrand)
On 11 May 2023 Geneva Solutions carried an interview with the incoming Secretary General of the International Commission of Jurists:
The new head of the International Commission of Jurists warns of the challenges human rights face as democracies across the world falter and calls on human rights groups to rally behind a new purpose. After spending the last few years in the United States, Santiago Cantón, the Argentinian jurist who recently became the new secretary general of the International Commission of Jurists (ICJ), will call Geneva his home for the next five years.
The discreet organisation of well-respected judges and lawyers, located in the Paquis neighbourhood and now celebrating its 70th anniversary, is almost as old as the 1948 Universal Declaration of Human Rights. Born from the ashes of World War II initially to investigate abuses committed in the Soviet part of post-war Germany, the group has made vital contributions over the decades to the human rights architecture. Most notably, they helped push for the creation of an international criminal court and several UN human rights instruments, including the Convention on Enforced Disappearances, first proposed by its then-president Niall MacDermot.
Cantón, 60, also brings with him some heavy baggage of experience in human rights. He was the executive secretary from 2001 to 2012 of the Inter-American Commission of Human Rights, one of the arms of the Organization of American States tasked with reviewing rights abuses. Before that, Cantón served as the commission’s first special rapporteur on freedom of expression from 1998 to 2001. More recently, Cantón was part of the UN Human Rights Council’s commission of inquiry on abuses committed in the occupied Palestinian territories during the 2018 protests.
As a young student, Cantón saw his country fall into the clutches of a military junta that would rule ruthlessly for ten years. While initially drawn to diplomacy and foreign relations, Cantón knew it wasn’t an option to place his skills at the service of a dictatorship. He opted instead to study international law and human rights.
One of his first experiences, and the one to inspire him the most, was advising former US president Jimmy Carter in his democracy programmes in Latin America, most notably supporting elections in Nicaragua and the Dominican Republic in 1990 at a time when the two countries were emerging from bloody conflicts and transitioning into democracies. He saw the region break away from the chains of military regimes and usher in a new era of democracy and rule of law. “1948, with the universal declaration of human rights, was the big bang of human rights,” he told Geneva Solutions. “Since then, the architecture of human rights created throughout the world has been extraordinary.”
But the tides have turned. “Human rights are in decline and have been since the beginning of the century,” he regretted.
For Cantón, part of it is due to a lack of leadership. “We don’t have the same leaders in the world, and the governments that support human rights today, do not have the leadership they need to have for political reasons.” He said long gone are the Raúl Alfonsín of Argentina, Fernando Henrique Cardoso of Brazil and Patricio Aylwin of Chile, leaders who stood up for democratic values following their countries’ exit from military rule.
“You do have leadership on the wrong side. And they’re winning,” he added. He cited the leaders of El Salvador and Mexico, as well as Brazil’s Jair Bolsonaro and the US’s Donald Trump, as examples of how populist leaders have successfully appealed to disillusioned populations.
“Take El Salvador. Here we have someone that has 70 to 80 per cent of popularity. People (feel) that democracy did not deliver. They are tired and want to change everything completely,” he said. President Nayib Bukele’s recent sweeping crackdown that saw over 60,000 suspected gang members arrested has been praised by many Salvadorians fed up with the violence and insecurity that has gangrened the country for years. And despite the harsh criticism his methods have drawn from human rights campaigners, political figures across the region are flaunting it as a successful model that can be replicated in their own countries.
Cantón cautions against the temptation of wanting to scrap everything. “We cannot just change everything! There are things we need to keep, and human rights is one of those,” he said.
On Cuba, Nicaragua and Venezuela, the usual trio singled out for their authoritarian regimes, Cantón prefers to avoid tired narratives. “it’s not a question of left and right, it’s a question of the strength of the rule of law, and the rule of law is declining,” he observed.
Beyond that, human rights that touch upon issues associated with deeply entrenched cultural values have also been met by a wall of resistance. Cantón hasn’t finished unpacking he has already faced a first crisis. A report published by the ICJ in early March on how to apply human rights standards to criminal law was falsely accused across the internet of condoning sex between adults and minors. For Cantón, the world is increasingly polarised, and he views social media as a significant contributing factor. “It’s hard to find the middle ground, and when things are so polarised, they keep getting pushed harder towards two crazy extremes.”
But governments are not the only ones that need to do some soul-searching. Civil society is also struggling to maintain morale, according to Cantón. “It’s very frustrating when you take one step forward, and you have to go back like ten steps,” he said. For the past years, human rights groups have been on the defence, trying to protect hard-won advances. “We need to mobilise the human rights community again, strongly behind something,” he said.
One of the initiatives the ICJ is working on is the creation of a standing independent mechanism to investigate rights violations. UN-backed probe mechanisms are usually set up on a case-by-case basis and have been accused of being selective and politically motivated. The group of lawyers suggests that such a permanent expert body, created through the Human Rights Council or the General Assembly, could help by making it easier to trigger investigations.
It finds that Latin American human rights defenders and their organizations face intimidation, harassment, physical attacks, and legislation that criminalizes their work, among other threats.
Latin America was the most dangerous region in the world for human rights defenders during 2020, and according to Defending Latin American Human Rights and Democracy Activists, a new report released today by Freedom House, the ongoing COVID-19 pandemic has only made things worse. Under the guise of enforcing public health measures, governments have deployed authoritarian restrictions to inhibit movement, curtail freedoms of expression and assembly, and implement militarized security policies.
“This is a seminal study that lays the foundation for further areas of inquiry and analysis,” said Gerardo Berthin, vice president of international programs at Freedom House. “The report identifies the main needs of vulnerable activists and human rights defenders in Latin America and highlights major issues that merit regional and national attention.”
The report found that worsening human rights conditions have also spurred unprecedented levels of migration and displacement—including of human rights defenders—across the region. Growing migrant and refugee populations in Latin America have been especially vulnerable in the context of COVID-19, as border closures and lockdowns made living conditions even more precarious and curtailed mobility and access to information and services. See also: https://humanrightsdefenders.blog/2020/07/29/global-witness-2019-worst-year-ever-for-land-rights-and-environmental-defenders/
The democratic landscape in Latin America is discouraging. According to Freedom House’s Freedom in the World2021 report, fewer than 40 percent of the countries in the region are classified as Free. Against this backdrop, the new study provides a baseline review of regional efforts to protect human rights defenders and prodemocracy civil society organizations in Latin America, including through shelter and relocation programs.
Key findings:
Human rights defenders are increasingly being forced into exile in neighbouring countries, and many are unable to continue their work.
The pressure experienced by human rights defenders can push them beyond the limits of physical and psychosocial safety. This can result in some level of trauma, as well as severe psychological symptoms including anxiety, depression, feelings of isolation, and suicidal inclinations. The symptoms have also taken the form of physiological conditions such as high blood pressure and diabetes.
Human rights defenders, especially women and Indigenous people, have sought to rethink “security,” moving away from a military and policing approach toward a more comprehensive and gender-balanced understanding. For example, women human rights defenders are incorporating the body, self-care, and self-awareness when defining security, and examining how these elements can affect other types of security, including the security of the family. For them, security is not just about reacting to a threat; it is also about maintaining economic security, food security, mental or psychological security, and physical health security. Indigenous human rights defenders are proposing to include their perspective in the design of protections for activists, dissidents, journalists, and others. This has begun to shift the focus of some protection mechanisms from the individual toward a more community-based model that accounts for the collective nature of human rights defense.
State-run protection mechanisms are often prescriptive, offering a predetermined menu of services that do not necessarily address the specific needs or risks faced by human rights defenders.
International protection organizations have implemented good practices pertaining to protection and security in general, aided by the expansion of internet access. This has enabled enhanced connection and communication with civil society organizations on the ground, including continuous and more systematic meetings and planning for effective protection.
The report contains two case studies of Venezuelan and Nicaraguan human rights defenders who have been forced into exile in Colombia and Costa Rica, respectively. The cases highlight key forms of individual, collective, and contextual support that would strengthen protection and allow human rights defenders to expand their work while in exile.
Few approaches to protect human rights defenders in Latin America have been evaluated systematically. The need for systematic evaluation is a key recommendation of the report, as such analysis could be used to develop future programs and strategic plans, and would help to identify the potential security risks that human rights defenders may face at home or in exile.
There are still gaps in knowledge about how to best support human rights defenders. However, human rights defenders themselves are driving efforts to share information about effective protection approaches. Thanks to their active involvement in protection strategies, temporary relocation providers, national protection organizations, and human rights defenders are more frequently raising the notion of holistic protection or integral security, which goes beyond physical or traditional security to include services such as medical, psychosocial, and psycho-emotional support.
