Posts Tagged ‘Mary Lawlor’

UN Experts urge EU to take the lead on protecting human rights defenders in context of business

September 7, 2021

The European Union has a chance to set an example for the entire world by protecting people who risk their lives standing up for human rights in the context of business activities, said Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders, joined by the UN Working Group on the issue of human rights and transnational corporations and other business enterprises known as the Working Group on Business and Human Rights), Mr. Surya Deva (Chairperson), Ms. Elzbieta Karska (Vice-Chairperson), Mr. Githu Muigai, Mr. Dante Pesce, and Ms. Anita Ramasastry; and Mr. Fernand de Varennes, Special Rapporteur on minority issues.

The European Union legislative initiative on mandatory human rights and environmental due diligence “must include safeguards for human rights defenders,” they stated on 6 September 2021.

The European Union, as the world’s largest single market, has a golden opportunity to advance the safety and security of human rights defenders who are working around the globe to build more just societies, often at great personal risk,” Lawlor said. “A robust, binding regime in the EU covering companies of all sizes would provide a powerful model for other parts of the world.”

Human rights defenders often risk their lives confronting violations along supply chains, Lawlor said. “Parent companies must carry out human rights and environmental due diligence throughout their supply chains to ensure human rights defenders are not subjected to reprisals from their subsidiaries, sub-contractors and suppliers,” she said. “The EU must ensure that where such retaliation happens, these companies can be held accountable.”

In the 10 years since the Human Rights Council adopted the UN Guiding Principles on Business and Human Rights, business compliance has remained extremely low. In the same period, increasing numbers of human rights defenders have been killed for their work. The UN Working Group on Business and Human Rights has recently developed guidance setting forth expectations that businesses address risks to defenders and that States address this as part of their own mandatory human rights due diligence regulations.

People who stand up for human rights related to environmental protection, community land rights, indigenous peoples’ rights, poverty, minorities and business accountability – often intertwining issues – are most at risk of being attacked or killed.

Where human rights defenders come under attack in the context of business activities it is a clear sign of other underlying human rights issues.” Lawlor said. Potential risks for human rights defenders should be seen as a key component of companies’ due diligence duty to identify and assess human rights risks connected to their projects, and must be specifically included in the expected EU proposal.

Business enterprises must also be obliged to consult with defenders under the EU initiative, and the door should be kept open for defenders to bring issues to companies’ attention at every stage within business projects,” Lawlor said. “

“Now is the time for the EU to give new life to its founding principles by delivering a strong law that could help reduce the number of lives lost in defence of human rights,” Lawlor said.

https://www.miragenews.com/golden-opportunity-for-eu-to-take-global-lead-626609/

Report of the Special Rapporteur on the situation of human rights defenders, Mary Lawlor, at the 46th session of the Human Rights Council

August 23, 2021

Courtesy of Reliefweb, here the reference to “States in denial: the long-term detention of human rights defenders – Report of the Special Rapporteur on the situation of human rights defenders, Mary Lawlor” (A/76/143), posted 19 Aug 2021 Originally published 19 July 2021.

Summary

In the present report, the Special Rapporteur on the situation of human rights defenders, Mary Lawlor, analyses the situation of human rights defenders in long – term detention, serving sentences of 10 years or longer. The Special Rapporteur draws attention to underlying factors that contribute to the phenomenon of detaining human rights defenders for lengthy periods as a result of their legitimate human rights activities. The report contains examples of individual cases of human rights defenders serving long-term prison sentences. She makes recommendations to relevant stakeholders to halt and reverse these trends and suggests ways to prevent this from happening in the future. [see also; https://humanrightsdefenders.blog/2021/05/20/special-rapporteur-mary-lawlor-starts-new-website/]

1. Introduction

  1. In December 2015, woman human rights defender Lodkham Thammavong was 1 of some 30 people who protested outside the Lao Embassy in Bangkok to express their concern over the Lao Government’s alleged human rights violations.
  2. Three months later, when she returned to the Lao People’s Democratic Republic, she and two other human rights defenders, Soukane Chaithad and Somphone Phimmasone, were arrested by Lao police.
  3. The Special Rapporteur has received credible information that they were not informed of the charges against them and no arrest warrants were presented at the time of arrest or afterward. Ms. Thammavong and the others were reportedly forced to make false confessions, paraded on national television to apologize for being traitors and denied their rights to legal representation.
  4. A year later, in March 2017, after an unfair trial, Ms. Thammavong was found guilty of “treason to the nation, propaganda against the State, and gatherings tied at causing social disorder”. She was sentenced to 12 years in prison. Mr. Chaithad and Mr. Phimmasone were also convicted on the same charges, and given 16 and 20 years, respectively.
  5. At the time of writing, Ms. Thammavong is currently being held in Tan Piao Prison, located around 60 km from Vientiane, making family visits difficult. She is said to be lacking access to water and still has had no access to legal counsel.
  6. Unfortunately, such attacks on human rights defenders are not rare. Hundreds of human rights defenders across the world are serving long prison sentences after being convicted on fabricated charges following unfair trials. Many, like Ms. Thammavong, were denied adequate legal representation.
  7. The Special Rapporteur has monitored numerous cases of defenders serving more than 10 years in prison, and of many other defenders facing charges for which they could be sentenced to similarly long terms. Many, like Ms. Thammavong, have been sentenced under vague and ill-defined charges often relating to treason, subversion or terrorism.
  8. Many are held in harsh conditions, and/or have been forced to confess to crimes they did not commit. Some suffer from ill health and are deprived of adequate medical attention. Some are also denied regular access to their families. Some are at risk of being sentenced to death, and some have died in jail while serving long sentences.
  9. In the present report, the Special Rapporteur on the situation of human rights defenders, Mary Lawlor, intends to show that the issue of the long-term detention of human rights defenders is extensive, that there are many commonalities in the methods used to unjustly jail them and that many Member States – including some who are members of the Human Rights Council, or who aim at being a member – consistently deny they are holding defenders in jail. She advises States on how to prevent further such attacks on defenders and recommends that all human rights defenders be immediately and unconditionally released from jail.
  10. The full extent of this problem is not known. Human rights defenders are serving long terms in detention on every continent, but there are very likely many more cases than those featured in the present report that have not been brought to the Special Rapporteur’s attention.
  11. The cases included here are only those where consent has been obtained directly from the defenders themselves, or from their families or representatives. Many other cases are also known to the Special Rapporteur, but are not included in the report for various reasons, including where it was not possible to obtain consent or where highlighting cases would risk making the situation of the defenders worse. Some defenders were jailed so long ago that their cases have faded from public view and no longer feature in many advocacy efforts. This can also make consent and information more difficult to obtain.
  12. There is a wide range of defenders serving long terms in detention. Some are labour leaders, some are lawyers, others are journalists. Some are jailed for defending article 21 of the Universal Declaration of Human Rights, which outlines the right for people to vote in elections. Others are targeted for peacefully advocating for democratic reform, or for exposing deficiencies in governance. The Special Rapporteur reiterates that peacefully defending these and other rights that States have promised to safeguard is never a crime.
  13. Some defenders have been targeted and jailed in reprisal for their engagement, or intended engagement, with United Nations mechanisms. Some are famous, winners of international awards for their work, with prominent international profiles, while others are relatively unknown, even within their country. Some hold dual nationalities and are citizens of countries other than the one in which they are jailed.
  14. Some defenders have been convicted in mass trials and some have been sentenced in absentia. Some defenders sentenced to long terms in jail are living in exile, unable to return to their country for fear of arrest. Others are kept in long periods of pretrial detention, not knowing if or when they will face charges that could send them to prison for long terms.
  15. Other defenders are seized and nothing is heard from or about them for many years. Not all are held by Governments. Some, like Syrian woman human rights defender Razan Zaitouneh, are believed to have been taken by militia groups. There has been no news of her current whereabouts for years.
  16. Other human rights defenders sentenced to long terms in jail die in custody. Human rights defender Azimjan Askarov was unjustly sentenced to prison in 2010 in Kyrgyzstan, and he was still in prison 10 years later with serious medical problems. Despite appeals from the mandate holder, the United Nations, the European Union and the Organization for Security and Cooperation in Europe to the authorities for his release on health grounds, he died in detention in 2020.
  17. The Special Rapporteur notes there is often a flurry of attention and activity around a case when a human rights defender is arrested or convicted, sometimes accompanied by intense international media coverage and advocacy from foreign governments and United Nations mechanisms. But even with the most prominent defenders, attention typically fades over the years as fresh cases demand the attention and resources of non-governmental organizations (NGOs), independent United Nations experts and interested Governments.
  18. Many defenders serving long sentences feel forgotten or abandoned.
  19. The effect of the long-term detention of defenders can be devastating – to themselves, to their families, to their communities and to the civil societies to which they belong. Just fighting a legal case can exhaust a defenders’ resources, and that of their NGO. Indeed, this damage to them and their work is often the motivation for their being targeted.
  20. States will recall that in her first report to the General Assembly in 2020 (A/75/165), the Special Rapporteur outlined her priorities for the mandate, which included a focus on “defenders serving long terms in prison”. She believes States should have confronted this enduring problem long ago. Some States have ignored years of appeals to stop jailing human rights defenders and still refuse to release those they currently hold in detention.
  21. The Special Rapporteur is instructed under the mandate to study developments and challenges on the right to promote and protect human rights and seek, receive and respond to information on the situation of human rights defenders, and to recommend effective strategies to better protect human rights defenders.
  22. One simple piece of advice for States to better protect human rights defenders is not to put them in prison for long terms for peacefully defending the rights of others.
  23. Many States sentence human rights defenders to long terms in prison because they want to, and because they can. They want to because they are unhappy with defenders exposing corruption, pointing out human rights violations or highlighting other deficiencies in governance.
  24. Jailing defenders does not always silence them, and some continue to defend rights while in detention, but States often use this method of attack against human rights defenders to crush peaceful dissent.
  25. States can do this because they ignore international treaties they have committed to, often with negligible international consequences. They enable themselves to jail human rights defenders by passing vague laws, often in the name of national security or countering terrorism, by staging sham trials that fail meet international standards, by torturing defenders into making false confessions and by lying about the work of human rights defenders.
  26. Some States contest that those jailed are not defenders but subversives, traitors or terrorists. The Special Rapporteur knows the difference, and she respectfully reminds States that her long years of experience in identifying who is a human rights defender – and who is not – is partly why she was entrusted with this mandate. The Special Rapporteur is keen to discuss individual cases with States to better explain why those in detention referred to in the present report are human rights defenders.
  27. Despite the many detailed cases regularly presented to Member States of human rights defenders currently serving long jail terms, the Special Rapporteur notes that in response to her call to Member States for submissions to the present report, not one State acknowledged holding any human rights defender in long-term detention.
  28. Many States have for many years used this method of attack against human rights defenders. The Special Rapporteur’s predecessors in this mandate have, since the mandate was established 20 years ago, repeatedly recommended that States not use unfair trials or security legislation as a pretext for jailing, or otherwise attacking, human rights defenders.
  29. In 2001, Hina Jilani, the first mandate holder on the situation of human rights defenders, in her first report to the then Commission on Human Rights, stated that: “The situation of human rights defenders … and their sentencing after unfair trials will be a matter of serious concern for the Special Representative” (E/CN.4/2001/94, para. 89 (f)).
  30. Despite regular, detailed updates to Member States from the Special Rapporteur on human rights defenders over many years about this unjust practice, defenders are still routinely subjected to unfair trials, after which many are sentenced to long terms in prison.
  31. In her most recent report to the Human Rights Council, presented earlier this year (A/HRC/46/35), the Special Rapporteur focused on the killing of human rights defenders. She identified a lack of political will from Member States to hold the perpetrators accountable as a key driver of the murders. In the case of long-term detention of defenders, it is less the absence of political will to prevent this abuse, but rather the active presence of a political will in States to target defenders.
  32. Some representatives of Member States have told the Special Rapporteur, in response to her raising the case of an unfair trial, that they cannot interfere in their countries’ independent judicial process. While the Special Rapporteur respects the principle of judicial independence, she cannot be silent when a criminal justice system falls short of international standards and is used to unjustly jail human rights defenders.
  33. In 2003, Ms. Jilani told Member States: “When human rights defenders are arrested, detained and/or prosecuted under security legislation, the process should be fully transparent. The charges on which the arrest and detention are based should be made public and explained in a sufficiently complete manner that the veracity of their substance can be independently verified” (A/58/380, para. 71).
  34. Many States are still failing this test of transparency and continue to consign human rights defenders to long years of misery in prison.
  35. While those mechanisms which enable long-term, unjust detention, including torture, unfair trials and the gross misrepresentation of the work of those peacefully defending the rights of others, should be addressed, the fundamental reason that defenders are held in long-term detention is because of the political will in States to do so.
  36. Targeting human rights defenders with long jail terms is never acceptable, and it is a red line no State should cross. It is immoral, illegal, inexcusable and dishonourable. This practice exposes States’ lack of resolution to fulfil the international standards they have committed to uphold. Consigning those who peacefully defend human rights to prison raises serious questions about States’ intentions to abide by the international agreements they have signed.

https://reliefweb.int/report/world/states-denial-long-term-detention-human-rights-defenders-report-special-rapporteur

UN experts demand release of human rights defender Dawit Isaak, imprisoned without trial in Eritrea since 2001

August 19, 2021

On 18 August 2021 UN experts demanded the release of journalist and human rights defender Dawit Isaak, imprisoned without trial in Eritrea since 2001, amid uncertainty about whether he is even still alive.

To this day, Dawit Isaak has never been charged with a crime, spent a day in court or spoken to his lawyer,” said Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders. “The level to which the Eritrean Government is ignoring Mr. Isaak’s basic, fundamental human rights is appalling. He must be released at once.”

In the first years of his detention, “we received information that Mr. Isaak was often taken to hospital, which was concerning in itself,” Lawlor said, “Now we receive no news, and that’s worse. We fear for his life. At an absolute minimum, Eritrea must immediately present evidence that he is alive and well.”

Dawit Isaak, 56, a dual Swedish-Eritrean national, established one of Eritrea’s first independent media outlets in the 1990s, the Setit newspaper. In May 2001, it published open letters written by a group of politicians known as the G15 urging the Government to hold open elections and implement a newly drafted Constitution. With the world’s attention diverted by the September 11 terrorist attacks, Mr. Isaak was arrested on 23 September 2001.

According to a credible source, Mr. Isaak was alive in September 2020, the first sign of life in seven years. He is reportedly being held in Eiraeiro prison, a detention centre infamous for its conditions, where torture is allegedly common practice and where many inmates have reportedly died in custody.

The enforced disappearance of Mr. Isaak for almost two decades is extremely concerning,” said Mohamed Abdelsalam Babiker, Special Rapporteur on Eritrea. “The Government of Eritrea has not confirmed his whereabouts or provided any solid evidence about his state of health in all these years. It has denied torture allegations but has not allowed anyone to visit Mr. Isaak.

Lawlor said she had rarely witnessed such disregard for human life as she documents cases of human rights defenders in long-term detention around the world.

“Locking up human rights defenders for long periods of time may feel like a guarantee against internal scrutiny,” Lawlor said. “But we have not forgotten.”

Mr. Isaak’s work has been recognised by a number of prestigious awards, including UNESCO’s Freedom of Press Award {see: https://www.trueheroesfilms.org/thedigest/laureates/9329f937-0d8b-4543-8664-2263e968adbf] and he was a finalist for the Sakharov Award in 2017

The Special Procedures mandate holders are in contact with the Eritrean authorities on this matter.

The experts’ call is endorsed by: Ms. Tlaleng Mofokeng, Special Rapporteur on the right to physical and mental health; the Working Group on Enforced or Involuntary Disappearances: Mr. Tae-Ung Baik (Chair), Mr. Henrikas Mickevičius (Vice Chair), Ms. Aua Balde, Ms. Gabriella Citroni and Mr. Luciano Hazan; and Mr. Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions.

https://www.miragenews.com/un-experts-demand-release-of-human-rights-615941/

China in the 47th session of the UN Human Rights Council: Uyghurs and jailed human rights defenders

July 6, 2021

In a statement 22 June 2021, the ISHR on behalf of over 20 civil society organisations called for unequivocal action by the High Commissioner to monitor and report on the human rights situation in China. The violations targeting Uyghurs and other Turkic Muslims, the groups underlined, have been determined by Amnesty International and Human Rights Watch to constitute crimes against humanity.

‘The Special Procedures and treaty bodies have repeatedly, for the last five years, raised serious concerns about the human rights situation in China,’ said Sarah M Brooks, ISHR programme director. ‘But despite these efforts, little has changed. More is needed.’

The gravity of the situation was underlined also by a joint statement delivered by Canada, on behalf of more than 40 states, earlier today. Listing a range of concerns about treatment of Uyghurs, those governments pressed China to allow ‘immediate, meaningful and unfettered’ access to the region for the High Commissioner.

The weight of evidence and the gravity of allegations of crimes against humanity against Uyghurs demands that the High Commissioner commence remote monitoring and public reporting immediately. The full statement can be accessed here

Anadolu on 29 June 2021 reported that Mary Lawlor, the UN special rapporteur on human rights defenders, says she has countless reports about mistreatment of activists in China.

The UN’s independent expert on human rights defenders said that she feared activists in China were arbitrarily sentenced to long prison terms, house arrest and tortured and also denied access to medical treatment, their lawyers and families.

Condemning human rights defenders…to long terms in prison for their peaceful human rights work, abusing them in custody and failing to provide them with adequate medical care…cannot continue,” Mary Lawlor, the UN special rapporteur on human rights defenders, said in a statement.

She said she had “countless reports” pointing to the mistreatment of human rights defenders in Chinese custody, which is “endemic.”

Geneva’s Chinese mission spokesman Liu Yuyin later refuted Lawlor’s criticism, accusing the UN expert of having “deliberately smeared China, spread disinformation and interfered in China’s judicial sovereignty under the pretext of human rights.”

“The individuals that Ms. Lawlor and other special procedure mandate holders mentioned have committed a series of crimes such as inciting subversion of state power and splitting the state. The facts are clear and the evidence is solid,” he added.

Lawlor said the treatment meted out to those jailed may amount to torture and other cruel and inhuman treatment, despite a plethora of recommendations from the UN mechanisms over the years, including from the Committee Against Torture.

Some defenders, such as Gao Zhisheng, have been “forcibly disappeared,” while others such as Guo Hongwei have died in prison, she said. Lawlor said she knew of at least 13 human rights defenders sentenced on “spurious charges” such as “picking quarrels” or “provoking trouble” to 10 years or more in prison for peacefully defending the rights of others. Among them is Qin Yongmin, sentenced to 35 years in prison for work that included promoting engagement with the UN, and Ilham Tohti, a “moderate scholar” serving a life sentence.

“Tohti was arbitrarily arrested, allegedly tortured and sentenced to life after a closed-door trial. He was not allowed any family visits and no information has been provided by Chinese authorities since,” said Lawlor. He is a much-recognised defender: https://www.trueheroesfilms.org/thedigest/laureates/37AE7DC4-16DB-51E9-4CF8-AB0828AEF491

Human rights defender Chen Xi, serving 10 years in prison, has chronic enteritis, which causes dehydration and fever. In winter, he contracts severe frostbite on his hands, ears and abdomen, and in his lifetime, he has been sentenced to 23 years in prison, said the expert.

https://www.ishr.ch/news/hrc47-governments-ngos-call-high-commissioner-step-work-protect-uyghurs

https://www.globalvillagespace.com/un-expert-raises-concern-on-jailed-activist-in-china/

Father Stan’s death: callousness that amounts to murder

July 5, 2021

What many feared has happened, jailed Indian tribal rights activist Stan Swamy has died of a cardiac arrest in Mumbai city. He was 84. He was jailed last year under draconian anti-terror law UAPA in connection with the Elgar Parishad case – his death has triggered a flood of messages on social media from political leaders, intellectuals and other activists. Swamy, the oldest person to be accused of terrorism in India, was arrested in October 2020.

Members of the civil society on Sunday 4 July 2021 had urged the chief justice of the Bombay High Court to intervene and provide relief to ailing activist Stan Swamy. They demanded that the 84-year-old, who suffers from Parkinson’s disease and had been put on ventilator support, should be granted bail immediately and allowed to return to Jharkhand.

Mary Lawlor, Special Rapporteur on Human Rights Defenders shared a similar Tweet, saying it was “horrible news” that Swamy was put on a ventilator: “He’s spent 9 months in jail on unfounded charges. I’m deeply saddened and expect that every possible specialist treatment will be provided to him.”

Mr Gilmore – the European Union’s Special Representative for Human Rights, – re-tweeted Ms Lawlor’s post and added: “India: I am very saddened to hear that Father Stan Swamy has passed away. A defender of indigenous peoples’ rights. He was held in detention for the past 9 months. The EU had been raising his case repeatedly with authorities.”

The Jesuit priest, who suffered from Parkinson’s disease, was moved to a private hospital in May after he tested positive for Covid. As he was very belatedly released on bail into hospital and was denied critical treatment in detention, he should be considered a death in the custody of the state.

Jharkhand Chief Minister Hemant Soren stated on Monday: Shocked to learn about the demise of Father Stan Swamy. He dedicated his life working for tribal rights. I had strongly opposed his arrest & incarceration. The Union Govt should be answerable for absolute apathy & non provision of timely medical services, leading to his death.

See also: https://humanrightsdefenders.blog/2020/10/11/the-indomitable-father-stan-swamy-defending-the-adivasis-and-the-dalits-a-cause-of-arrest/

I understand there will be likely a virtual memorial tomorrow, but no details known yet.

A joint statement by important international NGOs (Amnesty International, CIVICUS: World Alliance for Citizen Participation, CSW, FIDH, in the framework of the Observatory for the Protection of Human Rights Defenders, Front Line Defenders, International Commission of Jurists, International Dalit Solidarity Network, World Organisation Against Torture (OMCT), in the framework of the Observatory for the Protection of Human Rights Defenders)) was issued on 5 July: https://www.fidh.org/en/region/asia/india/india-joint-statement-on-the-death-of-human-rights-defender-father

The Government keeps insisting that all was ‘legal’: https://www.mangalorean.com/govt-rebuts-un-says-stan-swamys-detention-was-lawful/

https://www.bbc.com/news/world-asia-india-57718356

https://scroll.in/latest/999322/as-activist-stan-swamys-heath-worsens-civil-society-members-call-for-bail-specialised-treatment

https://www.outlookindia.com/website/story/india-news-stan-swamys-death-marks-a-tragic-moment-for-indian-democracy-akhil-gogoi/387163

https://www.ndtv.com/india-news/elgar-parishad-case-stan-swamys-death-devastating-eu-un-human-rights-reps-on-stan-swamys-death-2479792

https://www.hindustantimes.com/india-news/activists-opposition-call-out-custodial-murder-of-stan-swamy-101625494111357-amp.html

https://www.fidh.org/en/region/asia/india/india-joint-statement-on-the-death-of-human-rights-defender-father

https://www.indialegallive.com/column-news/stan-swamy-uapa-unlawful-activities-prevention-act-kanchan-nanaware-varavara-rao-binayak-sen/

https://www.miragenews.com/death-in-custody-of-priest-stan-swamy-is-596431/

https://www.ucanews.com/news/book-tells-story-of-indian-jesuit-who-died-in-custody/94104#

“A Seat At The Table” a guide for engaging with the UN system: 30 June 2021

June 22, 2021

The ISHR is Launching “A Seat At The Table”A guide to crafting effective narratives at the UN
about human rights and the people who defend them

The stories and narratives that are told about human rights defenders at the UN have a major impact on how they are understood and supported on the ground. Over the past 9 months, the ISHR has explored perceptions and views that diplomats working at the UN have about human rights and people who defend them. The objective was to understand the messages that best increase support for human rights defenders and to craft more effective human rights narratives, particularly as they relate to people who defend human rights. ISHR is now ready to share its findings with you and launch the new practitioners’ guide “A Seat At The Table“, meant for anyone working within or engaging with the UN system to promote and protect human rights, whether they be advocates with organisations, diplomats or frontline community activists and leaders.

This event will be held online. In order to attend the event, please RSVP here.

Welcome:    Ambassador Marc Bichler, Permanent Mission of Luxembourg

Panelists:   

Tom Clarke, human rights campaigner, communications specialist and guide co-author

Sophie Mulphin, human rights communications specialist and guide co-author

Mary Lawlor, Special Rapporteur on the situation of human rights defenders

Ambassador Nazhat Shameen Khan, President of the Human Rights Council

Ilze Brands Kehris, Assistant Secretary-General for human rights

Guadalupe Marengo, Amnesty International

Thomas Coombes, human rights strategist and communications expert, founder of hope-based communications

Moderator: Marianne Bertrand, International Service for Human Rights

30 June 2021  
1:00-2:30pm CEST 
Online event Register now

https://mailchi.mp/ishr/749qlxejj6-33142?e=d1945ebb90

Mary Lawlor calls AGAIN on UAE to release prominent human rights defenders

June 15, 2021

On 11 June 2021 Mary Lawlor, the UN Special Rapporteur on the situation of human rights defenders, called on the United Arab Emirates to immediately release five human rights campaigners detained since 2013.

Mohamed al-Mansoori [https://www.trueheroesfilms.org/thedigest/laureates/074ACCD4-A327-4A21-B056-440C4C378A1A], Hassan Mohammed Al-Hammad, Hadif Rashed Abdullah al-Owais, Ali Saeed Al-Kindi and Salim Hamdoon Al-Shahhi were among a group of 94 lawyers, rights advocates and academics accused of plotting to overthrow the Emirati government. 

In July 2013, 69 of the defendants in the “UAE-94” case were sentenced, eight of them in absentia, up to 15 years in prison.  The detentions came amid Abu Dhabi’s crackdown on an Islamist association called al-Islah and other activists calling for political reform in the aftermath of the Arab Spring. 

They should have never been detained in the first place for legitimately exercising the freedoms that all people are entitled to,” said Mary Lawlor.

Lawlor called the five activists’ sentences “excessively severe” and noted that the UN Working Group on Arbitrary Detention has declared their sentences arbitrary

She noted allegations that the rights defenders have been subjected to long periods in solitary confinement, which could amount to torture. Other allegations include prison guards shutting off the air conditioning amid scathing hot temperatures and covering windows to prevent the prisoners from getting sunlight. 

The prisoners have severely limited or no access to legal counsel, Lawlor said, potentially violating their right to a fair trial. 

I call on the Emirati authorities to release these human rights defenders from detention in order to continue their meaningful and necessary human rights work,” Lawlor said.

This follows an earlier plea of 22 February: https://humanrightsdefenders.blog/2021/02/22/lawlor-urges-uae-to-free-ahmed-mansoor-mohamed-al-roken-and-other-hrds/

https://www.al-monitor.com/originals/2021/06/un-expert-calls-uae-release-prominent-human-rights-defenders#ixzz6xesKipiF

Special Rapporteur Mary Lawlor starts new website

May 20, 2021

Mary Lawlor: Since taking up this role just over a year ago, Covid has meant that I have worked almost entirely online. This has been an opportunity to expand the ways we promote the work of Human Rights Defenders in online spaces.

So today, I am delighted to unveil my new website, which has been in the works for some time. At srdefenders.org, you’ll find the latest news and information about Human Rights Defenders and what my mandate is doing to protect them.

Start exploring now 👇
https://lnkd.in/gw_ZHEh

srdefenders.org,

https://nhrf.no/article/2021/special-rapporteur-launches-website-for-human-rights-defenders

Three environmental rights defenders in Cambodia sentenced, but Government remains unapologetic

May 13, 2021

On 7 May 2021 Mary Lawlor, the Special Rapporteur on the situation of human rights defenders, condemned a decision by a Cambodian court to sentence three environmental human rights defenders to jail terms of up to 20 months and urged the Government to release them immediately and unconditionally.

The convicted human rights defenders – Mr. Thun Ratha, Ms. Long Kunthea and Ms. Phuon Keoraksmey – are members of Mother Nature Cambodia (MNC), a non-governmental organization that advocates for the protection and preservation of Cambodia’s natural environment and supports local communities in defending those rights.

The three, who were sentenced by the Phnom Penh Municipal court on charges of incitement to create social chaos, had been in pre-trial detention for eight months before the conviction.

“The decision of the Cambodian court sentencing the three human rights defenders to prison terms is disgraceful and only reinforces the Government’s enduring policy to diminish civic space and dissenting voices,” said Mary Lawlor, the Special Rapporteur on the situation of human rights defenders.

“The verdict also shows how unable and unwilling the court is to uphold human rights and fundamental freedoms that the government has voluntarily accepted. I am concerned about the pattern of increasing prosecution of human rights defenders in Cambodia since July 2020,” Lawlor said. “The trial and conviction against the MNC human rights defenders clearly demonstrates a sustained intolerance and efforts to undermine the space for human rights defenders.”

“This decision is extremely worrying as States have the obligation to provide a safe and enabling environment in which environmental human rights defenders can operate free from threats, harassment, intimidation, criminalisation and violence,” emphasized the Special Rapporteur on human rights and the environment, Dr. David Boyd.

The three were arrested in September 2020 without warrants and were charged under articles 494 and 495 of Cambodia’s Penal Code. The charges carried a custodial sentence of between six months to two years and a fine of one to four million riels (approximately USD 250 to USD 1,000).

Lawlor expressed serious concerns about the lack of factual evidence underpinning the charges. The human rights defenders were convicted based on a number of Facebook posts on environmental matters and video clips which showed them raising human rights and environmental awareness in a factual and peaceful manner. No substantial evidence was cited that would prove how their actions had in fact or could potentially lead to “social chaos”.

“While the three human rights defenders may still file an appeal, I urge the Cambodian Government to immediately and unconditionally release them. No one should be criminalised for undertaking legitimate human rights work,” she said. “As highlighted in my last statement in November, I call on the United Nations system in Cambodia to support all human rights defenders who are exposed to risk.”

The expert’s call has been endorsed by Mr. David Boyd, Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment; and Mr. Clément Nyaletsossi Voule, Special Rapporteur on the rights to peaceful assembly and of association.

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Not surprisingly the Cambodian government see it differently:

Cambodia’s permanent mission to the UN said Lawlor’s statement was false and misleading.

“Crime is crime and it cannot be justified because it is in pursuit of other aspirations,” the press release said.

The permanent mission’s statement said that Cambodia values all duly-registered NGOs that are operating within the boundaries of law and that, unfortunately, Professor Lawlor seems to be advocating the work of an unlawful organization that commits crimes in the name of environmentalism.

The mission said MNC had officially dissolved itself in 2017, but the organisation continued on illegally exploiting the environmental movement until today and that the self-proclaimed human rights defenders are not entitled to break the law with impunity.

It described Lawlor’s remarks as inappropriate and an interference in the national judicial system of a sovereign state, saying the demand for the government to arbitrarily release anyone is tantamount to an attack on the separation of powers and the independence of the judiciary that are guaranteed under the Constitution.

https://www.scoop.co.nz/stories/WO2105/S00111/cambodia-un-expert-condemns-conviction-of-three-environmental-rights-defenders-urges-their-release.htm

https://www.phnompenhpost.com/national-politics/kingdom-denounces-un-rapporteurs-statement-mother-nature-activists-trial

8th Werner Lottje Lecture: Indigenous Human Rights Defenders in Colombia

April 20, 2021
La cátedra Werner Lottje hace parte de la programación del Instituto Alemán para los Derechos Humanos.

The German Institute for Human Rights and Bread for the World announce:

the 8th Werner Lottje Lecture: “Protected by the Collective – Indigenous Human Rights Defenders in Colombia
April 20, 2021
5:00 – 7:00 pm CET

More on Werner Lottje see: https://humanrightsdefenders.blog/2013/11/16/and-a-lot-more-about-werner-lottje-the-great-german-human-rights-defender/

Livestreaming: English, German, Spanish (simultaneous interpreting)

For years, Colombia has led the dismal ranking of countries with the highest number of murders of human rights defenders worldwide. Members of  indigenous communities who defend themselves against the intrusion of armed groups, organized crime, and the overexploitation of natural resources on their ancestral territories are especially affected. With the 8th Werner Lottje Lecture, we therefore honor the Guardia Indígena de Cauca – Kiwe Thegnas, winners of the 2020 Colombian Human Rights Award and the 2020 Front Line Defenders Award (Americas), who impressively demonstrate how effective the collective peaceful defense of their territories can be. What particular threats do indigenous communities face in Colombia and around the world? [see: https://www.trueheroesfilms.org/thedigest/laureates/26619974-ee3f-42ff-9e94-3e34ebc5ba9b

What effects did the COVID-19 pandemic have? What strategies have these communities developed to defend themselves? What kind of support is required from the international community to protect indigenous communities? We discuss these and other questions with:

•             Guardia Indígena de Cauca – Kiwe Thegnas, Indigenous human rights collective, Colombia
•             Mary Lawlor, UN Special Rapporteur on the situation of human rights defenders
•             Dr. Peter Ptassek, Ambassador of the Federal Republic of Germany in Colombia

Please register here: Anmeldung/Registration/Registro

Further information (in German)+ Google Calendar+ iCal Export

Details

Date: April 20 Time: 17:00 – 19:00 CEST Website: https://www.institut-fuer-menschenrechte.de/veranstaltungen/detail/8-werner-lottje-lecture-schutz-im-kollektiv-indigene-menschenrechtsverteidigerinnen-in-kolumbien