share information on human rights defenders, with special focus on human rights awards and laureates
reports that on 26 January 2016, the Russian Duma (lower chamber of Parliament) adopted at first reading amendments to the law regulating the work of Public Monitoring Commissions (PMCs). There is serious concern that if passed, the draft amendments will put an end to the independent and effective monitoring of places of detention by excluding the many human rights defenders labeled as foreign agents. Read the rest of this entry »
The 17th EU-NGO Human Rights Forum took place in Brussels on 3 and 4 December 2015, bringing together hundreds of civil society organisations from across the globe, representatives from international and regional human rights mechanisms and from the EU institutions and Member States. The Forum is a joint venture between the European External Action Service (EEAS), the European Commission, and the Human Rights & Democracy Network [http://www.hrdn.eu/index.php?menu_selected=122&language=US&sub_menu_selected=768].
The overarching theme for this year’s Forum is Protecting and Promoting Civil society Space. In her address to the Forum, High Representative of the Union for Foreign Affairs and Security Policy, Federica Mogherini, stated: I believe that the civil society has a crucial role to play in any policy and in our foreign policy. It is not only a key player, but a main driver for change in all societies, in terms of democracy, good governance, resilience, cohesion, promotion of fundamental human rights. Freedom of expression is one of the most powerful weapons against radicalisation and terrorism. To better protect our citizens we need above all to build strong democratic institutions and a healthy democratic dialogue. I am very often asked whether security should not be the main focus, more than human rights. But there is no security without human rights”.
She also called for renewed efforts to fight attempts to control the work of civil society in many countries around the world: “During the last years, the space for civil society has shrunk in many countries”. “These trends demand a redoubling of our efforts in the human rights sphere. The European Union, the institutions and myself personally, will do all we can to protect civil society organisations fighting for human rights and protect human rights defender on an individual basis.”
The theme of this year’s NGO Forum – Protecting and Promoting Civil Society Space – reflects the EU’s strong commitment to put Freedom of Association and Freedom of Expression at the heart of the EU’s human rights policy as essential foundations for democracy, rule of law, peace, stability, sustainable inclusive development and participation in public affairs.
This year’s event saw contributions from the current UN Special Rapporteur on Freedom of Association, Maina Kiai; the UN Special Rapporteur for Human Rights Defenders, Michel Forst; Vice-Chair of the European Parliament Subcommittee on Human Rights, MEP Barbara Lochbihler; the Secretary General of the Community of Democracies, Amb. Maria Leissner; Sakharov Prize recipient Memorial, represented by Oleg Orlov; alongside many representatives from civil society, Human Rights Defenders, NGOs, the EU Institutions and many representatives from EU member states.
The forum looked at the recent EU Guidelines on Human Rights Defenders and the EU Guidelines on Freedom of Expression, as key tools enabling the EU to promote and protect freedom of opinion and expression and to counter the clear and disturbing trend over the last few years towards an increasingly restricted space for independent civil society as well as outright threats, intimidation and violence that civil society organisations and representatives, journalists, media actors and other individuals face in many countries across the world because of the exercise of their rights.
Given the scale of the problem and its constantly changing manifestations, urgent action is required not just to understand the scale and evolving nature of the threats, but particularly to identify ways to achieve effective and concerted policy responses and counter actions.
The EU is committed, as indicated in the EU strategy on human rights and democracy and its Action Plan (2015-2019), to address threats to civil society space, through actions that support laws and policies to protect human rights defenders; report on and counter threats to civil society space; and oppose unjustified restrictions to freedoms of assembly and association.
Engagement with civil society is essential for the ongoing work the EU is undertaking to help realise human rights, indivisible and universal for all people. The Forum discussions provided a significant opportunity for an interactive dialogue among representatives from the EU member states, the European Institutions (European Parliament, Council, European External Action Service, European Commission) and global civil society and human rights defenders from all over the world, working on the promotion and protection of human rights. The outcome of the Forum will be an important stepping stone for ensuring effective EU action and future policy developments in this field.
(Picture taken May 25 shows the domestic and foreign passports of Russian rights defender Andrei Mironov, reportedly killed near Ukrainian town of Slavyansk. AFP POOL-/AFP/GETTY IMAGES)
Olivia Ward describes Andrei as a “slight, self-effacing man of 60, with a puckish sense of humour, he belied his frail appearance with an iron will to do good in the world. In 1986, that got him a year in a Soviet labour camp as an “anti Soviet dissident” – a time he used to channel his talent for languages, including French and Italian. Nor did he let up on government abuses after the fall of the Soviet Union. As a human rights campaigner linked with the venerable rights organization Memorial , he snapped at the heels of Boris Yeltsin’s and Vladimir Putin’s governments, especially during the two bloody wars when Russian troops battled Chechen separatist fighters…..“You don’t understand,” he rasped. “I have to go and witness what is happening. If I don’t, who will?”
“Andrei dodged so many bullets in his decades of battling impunity that it is hard to believe he is gone. It would be harder still if the truth were buried along with him” concludes Olivia Ward, who covered the former Soviet Union as bureau chief and correspondent from 1992 to 2002. For the full story see: Death in Ukraine: bitter end for Russian human rights hero | Toronto Star.
In a hearing observed on 8 April by the Observatory for the Protection of Human Rights Defenders (FIDH-OMCT joint programme), the Saint Petersburg City Court upheld that the Anti-Discrimination Centre (ADC) “Memorial”, a prominent Russian NGO was performing the functions of a “foreign agent” and had to register as such for its human rights work.
At the end of yesterday’s hearing, which lasted less than an hour, the Observatory mission delegate reported that the judge interrupted ADC “Memorial’s lawyers on several occasions throughout the session, thereby hindering their capacity to develop their arguments and breaching their right to a fair trial and due process, while no one objection or remark was voiced when the prosecutor was speaking. Once again, the City Court pointed a report submitted by ADC “Memorial” to the United Nations Committee Against Torture in 2012 as the only evidence of its so-called “political activities Read the rest of this entry »
This is a long but excellent to piece to read over the weekend by Stefania Kulaeva of the remarkable NGO Memorial in Russia:
AT THE TIME of the Olympic Winter Games in Sochi it is important to remember the human rights abuse of minorities and their defenders in Russia. This is a question for gay people but also for Roma, immigrant workers and members of other ethnic communities.
Read the rest of this entry »
This blog has on several occasions made mention of the dangerous developments in Russia where the ‘foreign agents’ law is being used to delegitimize human rights defenders. Front Line just came with an update showing that the legal aspect of this issue (is the law legally permissible under the Russian Constitution or the European Convention Human Rights?) is coming under scrutiny. On 18 November 2013, the Zamoskvoretsky District Court in Moscow heard the cases of 3 NGOs – Human Rights Centre ‘Memorial’, GOLOS, and the Public Verdict Foundation – which challenge the ‘Foreign Agents’ law. Following the presentation of their arguments, the court accepted their request to postpone the hearings until 4 February 2014. Significant, as it was taken in order to await for the rulings of the European Court on Human Rights (ECtHR) or the Russian Constitutional Court, whichever comes first:
Still, one wonders whether the battle should not be fought also in the public domain as the ‘foreign agent campaign’ by the authorities is clearly not about financial control (there is enough of that already to satisfy any suspicious prosecutor) or political control (in which case registration as simple lobbyist would suffice) but about ‘framing’ the human rights defenders as traitors, unpatriotic people. The requirement to identify oneself as foreign agent on every paper or poster is a clear indication of what the Government wants to achieve. This kind of action by governments (not just Russia) is a deliberate (mis)information effort that should be fought in the same arena of public perception. Admittedly far from easy and costly but there are things that COULD be done, I think:
As a concrete example: on 21 November 2013, a year after the law came into effect, Amnesty International Norway, LLH (the Norwegian LGBT Organisation) and the Norwegian Helsinki Committee called themselves for one day foreign agents in solidarity with Russian organisations who struggle to keep their work going (see also in Norwegian: http://www.amnesty.no/agent). Of course, people on the ground know best what will work, but I think some form of ‘counter-defamation’ should be tried. It would benefit Russia and could de-motivate the authorities in other countries watching what happens in Russia.
On 11 November the Prosecutor’s Office brought a civil lawsuit against Memorial before the Leninsky District Court of St Petersburg after administrative charges against the same organisation ‘ for failing to register as a ‘foreign agent‘ were dismissed by the same court. The Prosecutor’s Office initiated the civil suit on the basis that its failure to register as a ‘foreign agent’ would violate the interests ‘of an undefined group of persons’. Frontline Defenders follows this and other cases in which the ‘foreign agent’ harassment of NGOs in Russia continues. The details of the case are illuminating, including the involvement of a preposterous ‘expert“: Read the rest of this entry »
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), reports on 2 October 2013 on the ongoing judicial proceedings against the Anti-Discrimination Centre “Memorial” (ADC Memorial), which has now become the first NGO in Russia facing both administrative and civil proceedings for the same “offence” on the basis of the law on so-called “foreign agents”. Read the rest of this entry »
In a piece published in the Alaska Dispatch of 8 August 2013, Phil Lynch, the Director of the Geneva-based International Service for Human Rights, contemplates what the next session of the UN Human Rights Council could do to improve the fate of HRDs.
Read the rest of this entry »
In spite of protests by many NGOs and Governments around the world (including earlier posts in this blog), Russia seems bent on pursuing its idea of requiring all organisations which receive foreign funding and are engaged in political activity to register as ‘foreign agents’ [‘Foreign Agents’ Law of 21 November 2012] . After the passing of the law, GOLOS, Memorial and the Joint Mobile Group (just made the Final Nominee of the MEA 2013) and many other organisations declared that out of principle they would not register as ‘foreign agent’.
Yesterday, 25 April 2013, the Russian election watchdog GOLOS became the first NGO to be fined. The decision was taken by the Presnensky Court of Moscow. GOLOS is a Russian non-profit organisation which was founded in 2000 for the protection of voters’ rights and the development of civil society. The court found that GOLOS had been receiving foreign funding, thereby implying that it considered the 2012 Andrei Sakharov Freedom Award as such, despite testimony given by a representative of Norwegian Helsinki Committee who confirmed that GOLOS actually refused to receive the 7700$. The court also found that the advocacy work of GOLOS aimed at the introduction of amendments to the Electoral Code constitute ‘political activity’. The law does not define political activity, the precise definition of which depends on state officials’ interpretation. The court ruled that GOLOS and its executive director Lilya Shibanova failed to comply with the obligation to register as a ‘foreign agent’ and fined them 300,000 roubles (approximately €7500) and 100,000 roubles (approximately €2500) respectively. They intend to appeal the decision.
And on 24 April Front Line Defenders reported that the Russian NGO ‘Man and the Law’ has been warned under the same Foreign Agents Law. Man and the Law, which is based in the Mari-El Republic in Russia, received a warning from the local Prosecutor’s Office re ‘political activity’, evidence for which has allegedly been found in their Charter and on their website. Man and the Law is a local non-governmental organisation which monitors local officials’ and civil servants’ compliance with human rights standards. The NGO also works on prisoners’ rights and monitors detention facilities and organises seminars and workshops for local officials, especially from the Federal Penitentiary Service. The warning also states that the latest inspection of the organisation revealed foreign sources of funding, in which case Man and the Law should have registered as a foreign agent.
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Hans Thoolen on Human Rights Defenders and their awards 