Profile of Jacobus Witbooi, human rights defender from Namibia, working at the Pan Africa International Lesbian, Gay, Bisexual, Trans and Intersex Association (PAI).
In June 2016 he completed ISHR’s Human Rights Defender Advocacy Programme and The Monitor of 27 June contained the following piece:
Jacobus Witbooi knows himself to be an ‘innate activist’ and says that his passion for human rights ‘comes from the inside.’ It has always been a strong part of who he is, taking up the challenge to advocate for those without a voice at a very early age. When still attending school, he recalls campaigning for education on safe sex and sexual health information and advice before it was even considered by national school policy makers.
‘Everyone knew that there were young people having unprotected sex, but they also didn’t have access to condoms, let alone information or advice from community health services about sexual health and safety, especially if they contracted a STI…They felt judged, couldn’t take steps to protect themselves or get help they needed.’
As he matured as a young professional he continued to pursue the issue and played a key role in eventually getting sex education on the national school curriculum in Namibia. He also helped to create a platform for young people to have a say in the design and evaluation of sexual and reproductive health programs, as well as assist health services to provide a caring and sympathetic environment for young people, enhancing accessibility.
Creating a network to drive change
Jacobus’ human rights advocacy journey has brought him to Pan Africa ILGA, a recently formed and rapidly expanding membership-based network for activists working to advance sexual orientation and gender identity rights. He delivers a continent-wide outreach strategy to small, grassroots LGBTI activists and defenders, helping to develop their skills and confidence to engage with both the UN human rights mechanisms and the African Commission on Human and Peoples’ Rights (the African Commission), and grow their ability to achieve meaningful and lasting human rights change.
The issue is close to his heart. He remembers coming out at a time in Namibia when it was unsafe, denied and denounced by all corners of the community.
‘I didn’t feel welcome in my own country, and was told I should leave.’
Whilst Pan Africa ILGA is rapidly expanding – it now has over 100 members – Jacobus is aware of the limitations his service can provide, and the needs of local LGBTI community organisations.
‘There’s a gap between the amount of work we can do to support local human rights activists, and how far we can teach them to carry forward UN outcomes and recommendations into their country.’
But he adds that he refuses to accept that it is a gap that cannot be closed. In May, Jacobus had a key part in delivering the third PAI regional LGBTI conference in South Africa. Bringing together 184 African delegates from over 34 African States, coming together to convene and share strategies, visions and fostering opportunities to collaborate. More encouraging, was the attendance of Government representatives and members of the African Commission, as well as National Human Rights Institutions.
Highlighting this significant social and political development, Jacobus points out that there is a growing support for sexual orientation and gender identity rights on the African continent, and is optimistic for the future of the LGBTI community. However, he knows there is a lot more work to be done.
‘I think this space we created was critical as a continent – sharing the success stories. But, how do we move this forward, and deal with the intersectionality of sexual orientation and gender identity issues?’
Expanding his human rights advocacy potential
He identified that one way forward for him was to better harness the UN international human rights mechanisms and expand his human rights advocacy potential and successfully applied to participate in the ISHR Human Rights Advocacy Programme.
‘It’s helped me a lot. I’ve broadened my understanding of available UN-mechanisms beyond the Universal Periodic Review alone. I’ve learnt that there is a wide range of approaches to doing human rights advocacy through the UN. This awareness combined with the confidence I’ve now gained will be vital for me on the ground back home.’
He has also noticed his own approach to engaging in human rights advocacy has transformed.
‘I’ve become more strategic now. Because I have a deeper understanding of the UN system, it means that I can use multiple mechanisms to get outcomes, such as the Treaty Bodies and the Special Procedures.’
Contributing to the first UN Resolution on Sexual Orientation and Gender Identity
With his training coinciding with the 32nd session of the Human Rights Council, Jacobus became heavily involved in contributing to the Working Group advocating and lobbying for a strong resolution on sexual orientation and gender identity. He describes this as,
‘My first real hands on experience advocacy at the Council, working with states delegations and diplomats, trying to bring across an argument that is sensitive and difficult to move on, and coming from a region where it is very difficult to even talk about. It has given me a better understanding of how these things work, what components come into play when these decisions are made.’
In a historic vote on 30 June 2016 the UN Human Rights Council created an Independent Expert dedicated to sexual orientation and gender identity issues. The “Independent expert on protection from violence and discrimination against lesbian, gay, bisexual, transgender (LGBT) people“, as the official title runs, was warmly welcomed by the LGBTI community around the world. Twenty-three Council members voted for the new position, 18 members against, and six abstained. Read the rest of this entry »
The UN Human Rights Council will hold its 32nd regular session at Palais des Nations in Geneva from 13 June to 1 July 2016. The Geneva-based International Service for Human Rights published its preview called “Alert to the Human Rights Council’s 32nd session”. This special issue of the ISHR Monitor is worth reading in full, but for those with special interest in human rights defenders here are some of the highlights: Read the rest of this entry »
Samoa does not figure often in this blog. So, courtesy of the International Service for Human Rights (Monitor 2 May 2016), here is the profile of Tuisina Ymania Brown of the Samoa Fa’afafine Association which represents and promotes the rights of indigenous lesbian, gay, bisexual, transgender and intersex (LGBTI) people in Samoa. Read the rest of this entry »
When writing about human rights awards, I often talk about better-known international awards [https://www.deepdyve.com/lp/oxford-university-press/human-rights-awards-for-the-protection-of-human-rights-defenders-qqq8FI0qeN]. However, there are quite a few local ones that can play an important role in shaping the work of human rights defenders. Here the case of Moldova where the “Promoting Human Rights in Moldova” competition was established by the United Nations in 2004. The prizes are awarded annually to journalists or human rights defenders who have made a genuine contribution to the promotion and protection of human rights in Moldova. The prizes were awarded by the Association for Independent Press in Moldova, with the financial support of Civil Rights Defenders in Sweden.
Radio Free Europe reported proudly on 23 March 2016 that their journalists working with RFE/RL’s Moldova Service were recognized for excellence in audio and video reporting on local community and human rights issues. Reporters Mihaela Gherasim and Eugenia Pogor took first and third place in the television program category, with programs on HIV and LGBTI questions.
The latest statistical report released by Front Line Defenders revealed the appalling reality that human rights defenders all over the world are at great risk to be victims of extreme forms of violence. And based on the organization’s annual report, 157 human rights activists were killed or died in detention in 25 countries in 2015. Latin America, Philippines are named as most dangerous places for Human Rights Defenders. Read the rest of this entry »
The 2015 Right Livelihood Awards were announced today in Stockholm:
Three Laureates will share the cash award of SEK 3 million (ca. EUR 320 000):
SHEILA WATT-CLOUTIER (Canada) “for her lifelong work to protect the Inuit of the Arctic and defend their right to maintain their livelihoods and culture, which are acutely threatened by climate change.“
KASHA JACQUELINE NABAGESERA (Uganda) “for her courage and persistence, despite violence and intimidation, in working for the right of LGBTI people to a life free from prejudice and persecution.”Kasha was the Laureate of the 2011 Martin Ennals Award.
GINO STRADA, co-founder of EMERGENCY, (Italy) “for his great humanity and skill in providing outstanding medical and surgical services to the victims of conflict and injustice, while fearlessly addressing the causes of war.“
The 2015 Right Livelihood Honorary Award goes to TONY DE BRUM and THE PEOPLE OF THE MARSHALL ISLANDS “in recognition of their vision and courage to take legal action against the nuclear powers for failing to honour their disarmament obligations under the Nuclear Non-Proliferation Treaty.”
The Awards will be presented at a ceremony in Stockholm on 30 November 2015, hosted by the Society for the Right Livelihood Award in the Swedish Parliament.
Human Rights Watch just announced that its Alison Des Forges Awardwinners 2015 come from Uganda, Syria, Malaysia and Azerbaijan:
Nisha Ayub, Malaysia
For over a decade, Nisha Ayub has championed the rights of transgender people in Malaysia through support services, legal and policy analysis, and public outreach. Human Rights Watch honors Nisha Ayub for challenging the discriminatory laws that prevent transgender people in Malaysia from living free of violence, fear, and oppression.
Yara Bader, Syria
Yara Bader, a journalist and human rights activist, works to expose the detention and torture of activists – including her husband, Mazen Darwish recently released – in war-torn Syria. She has experienced first-hand how the Syrian government uses its security and intelligence agencies to brutally crack down on independent voices. Human Rights Watch honors Yara Bader for her tremendous courage in speaking out on behalf of Syrian detainees despite grave risks to her safety.
Khadija Ismayilova, Azerbaijan
Khadija Ismayilova, a prominent investigative journalist in Azerbaijan, has dedicated her life to the fight against corruption, for human rights, and for freedom for political prisoners in a country under increasingly harsh authoritarian rule. Human Rights Watch honors Khadija Ismayilova for her extraordinary courage as a journalist and human rights activist in the face of an escalating crackdown on freedom of expression in Azerbaijan. She is currently behind bars. see also: https://thoolen.wordpress.com/2014/12/11/khadija-ismayilova-azerbaijan-is-not-deterred/
Nicholas Opiyo, Uganda
Nicholas Opiyo is a leading human rights lawyer and founder of Chapter Four Uganda, a human rights organization. He has successfully argued several high-level constitutional challenges, including to the notorious Anti-Homosexuality Act of 2013, which was declared null and void in August 2014. Human Rights Watch honors Nicholas Opiyo for his unfaltering dedication to upholding the human rights of all Ugandans by promoting universal access to justice.
The four 2015 honorees will be honored at the Voices for Justice Human Rights Watch Annual Dinners held in more than 20 cities worldwide in November 2015 and March-April 2016. Also two 2014 recipients of the award, Father Bernard Kinvi from the Central African Republic and Dr. M.R. Rajagopal from India will included in this series of events:
Father Bernard Kinvi, Central African Republic
Father Bernard Kinvi is a Catholic priest who directs the hospital at the Catholic mission in Bossemptele, Central African Republic. In early 2014, when sectarian violence devolved into coordinated violence targeting Muslim civilians, Kinvi saved the lives of hundreds of besieged Muslims, whom he gathered from their homes and sheltered in the Catholic church. Despite repeated death threats, Kinvi persisted in protecting those in his charge until they could be taken to safety. Human Rights Watch honors Father Bernard Kinvi for his unwavering courage and dedication to protecting civilians in the Central African Republic.
Dr. M. R. Rajagopal, India
Dr. M. R. Rajagopal is a leading palliative care physician from India who, for more than 20 years, has battled conditions that cause patients to suffer severe pain unnecessarily. As clinician, academic, and activist, Rajagopal is a global force behind efforts to promote and put into practice palliative care as a human right. He built the world’s most successful community-based palliative care program, and he and his organization, Pallium India, played a key role in convincing India’s government to make morphine accessible. Human Rights Watch honors Dr. M. R. Rajagopal for his efforts to defend the right of patients with severe pain to live and die with dignity.
in its July 2015 Newsletter puts the spotlight on Khalef Khalifa, Executive Director of the NGO MUHURI in Kenya.
On 8 April 2015, the official Gazette notice listed 85 companies and organisations, including MUHURI and Haki Africa, as suspected of having links to terrorism and linking them as specified entities. On 20 and 21 April, the police raided the offices of both organizations, disabling their servers, carrying away hard disks and documents, allegedly to determine whether they had been involved in tax evasion. On 28 May, the Non-Governmental Organisations’ Coordination Board announced through the media that they had de-registered the organizations. On 12 June the court dismissed all charges against MUHURI and Haki Africa on the basis that there was no evidence against them.
Khalef Khalifa (KK): As you know, on the 12th June was a good day for us as both MUHURI and Haki Africa, were entirely vindicated in court. The judge dismissed all the charges against us and said that there was absolutely no evidence to link us to terrorism in any form and specifically forbade the police or even the Minister to make any such reference in the future. However the outstanding difficulty is that he refused to unfreeze our bank accounts on the basis that we had failed to include the Central Bank in our case against the state. They have now agreed to join our case calling for the accounts to be freed but we have to wait for another hearing before the judge makes his ruling and we can begin getting back to normal.
FLD: Given the various lines of attack that were opened against MUHURI it seems as though the government was out to get you?
KK: ...we were targeted on three fronts: by the police, the Revenue Commissioners and by the NGO Board. So while the government accused us of terrorism, the Revenue Commissioners descended on our office and took away all out financial documentation to look for evidence of tax avoidance and the NGO Board lodged a complaint that we had not kept them properly informed of our activities, and in particular that we had not informed them of new appointments to our board, as required by the NGO Law. In the final verdict, while the judge said there was no evidence of involvement in terrorism, both the Revenue Commissioners and the NGO Board had to concede that we were 100% compliant with the regulations. The only thing the NGO Board could trip us up on was that while we had notified the NGO Board of the new appointments, we had not used the appropriate, and newly introduced, form. What is interesting is that in the early stages of the case the government was totally focused on pursuing a case on the basis of terrorism, but they quite quickly changed tack and started looking for any small technical failures they could find to try and make a case against us. But they failed because we have always operated in an entirely open and transparent way.
KK: The real reason for their animus against MUHURI is that we are critical of the police and have investigated their involvement in extrajudicial executions and forced disappearances. There have been at least 52 such killings and disappearances in the Mombasa region in the last two years. The police claim to be fighting terror but in fact terror is a more accurate description of the way the police themselves work. In one incident 8 people were shot dead in a church. The police claimed that it was an attack by Al Shabaab. However when the perpetrators were arrested it was clear that they were not Muslims and in fact had no affiliation to any particular group. The police then hid the names and tried to maintain the fiction of an Al Shabaab attack.
FLD: Will the work of MUHURI get back to normal now?
KK: ...As soon as the accounts are unfrozen we will continue out work as normal. For us it is clear that the government wants to intimidate and frighten MUHURI but we will not be intimidated – we will not give up.
The more general backdrop can be found in earlier Front Line messages, the 5 June appeal by the Observatory [http://www.omct.org/human-rights-defenders/urgent-interventions/kenya/2015/06/d23190/] and the statements made by NGOs on 26 June 2015 at the adoption by the UN Human Rights Council of the report of the Universal Periodic Review [UPR] of Kenya:
– International Service for Human Rights (ISHR) : Kenya should create an enabling environment for the work of human rights defenders – including repealing restrictions on NGO access to foreign funding and amending or repealing the Information Communication Amendment Bill and Media Council Bill. The statement also emphasised the risks faced by LGBTI people and organisations in Kenya as a result of the criminalisation of same-sex conduct. ‘It is crucial that the voices of human rights defenders are safeguarded and encouraged. This assists to create a vibrant, independent and diverse civil society which is essential to protect human rights, democracy and the rule of law’ said Michael Ineichen of ISHR.
AllAfrica.com reports on Human Rights Watch comments: “We note Kenya’s acceptance of some important recommendations such as commitments to investigate torture and extrajudicial killings, including the killing of activist Hassan Guyo, and to fully cooperate with the International Criminal Court. But we remain concerned that there has been little tangible progress in many key areas. The ongoing abuses and recent threats to civil society illustrate a lack of commitment to implement these recommendations.”
published this video clip on 16 May, 2015 to celebrate the day against homophobia. The video was produced by THF (True Heroes Films)
“You are either for humanity or you are not for humanity. I don’t think anybody can propose to be for humanity and then be selective in the human beings who they choose to represent, who they choose to defend.” Richie Maitland, LGBT rights defender. ISHR adds it is humbled to work with activists like Richie, Shakhawat and Sheherezade Kara – who fight to bring about change in hostile environments and in the face of fierce opposition. They work against pervasive homophobia, criminalisation, violence and intimidation, and for equal rights for all people, irrespective of sexual orientation or gender identity.
tened by climate change.“
Hans Thoolen on Human Rights Defenders and their awards 