Posts Tagged ‘National Human Rights Commission’

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UAE’s new human rights institute: sounds like a joke

September 3, 2021

On 2 September 2021 Deutsche Welle reports on “UAE’s new human rights institute: Real change or ‘image washing’?” State media has trumpeted the creation of a new human rights body set to work in line with global principles. But the UAE’s critics say the move is audacious and a joke.

THe UAE has been heavily criticized for the way it treats international laborers and human rights defenders [see e.g.: https://humanrightsdefenders.blog/2021/06/15/mary-lawlor-calls-again-on-uae-to-release-prominent-human-rights-defenders/ and https://humanrightsdefenders.blog/2020/09/02/vloggers-selling-their-souls-to-boost-image-of-arab-regimes/]

The United Arab Emirates announced earlier this week that it would set up an independent national human rights organization. The new institution will open an office in Abu Dhabi and, according to the UAE’s state media, “aims to promote and protect human rights and freedoms” in accordance with the local and international laws and guidelines.

The new organization — official name: UAE National Human Rights Institution — already has a hotline that anyone can call if they wish to report human rights abuses.

DW tried calling the number over two days this week. Even though local media said the hotline was active, several attempts failed. Either the calls were not answered or the connection was dropped. DW has reached out to the UAE Embassy in Berlin for further information on the new institution, but has yet to receive a response.

“This is just another tactic, part of the UAE’s decade-long whitewashing campaign to make themselves look like a tolerant, respectful and open country,” said Hiba Zayadin, a researcher with Human Rights Watch, who focuses on abuses in the Gulf states.

“But the situation on the ground is very different,” she told DW. “In fact, there is absolutely no room for dissent in the UAE. There have been no independent civil society groups there since 2012 and so many people have been jailed. There is a lot of fear of retaliation for speaking out and a high level of censorship, even amongst UAE-based international journalists and academics.” 

Other human rights organizations and media watchdogs have come to similar conclusions.

Reporters Without Borders has highlighted the lack of independent media and the UAE’s draconian cybercrime law from 2012. It ranks the country 131st in the world for press freedom out of 180.

UAE activist Ahmed Mansoor (was arrested in 2017 [see: https://www.trueheroesfilms.org/thedigest/laureates/074ACCD4-A327-4A21-B056-440C4C378A1A]

Amnesty International maintains a long list of “prisoners of conscience” in the UAE, “including well-known human rights defender Ahmed Mansoor,” who is serving a 10-year prison sentence for posts on social media about human rights violations in the UAE.

In June, the UN’s special rapporteur on the situation of human rights defenders called on the UAE to release a number of people who had been imprisoned since 2013 for speaking out against the government.

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

Social media users in the Middle East were also critical about the announcement of the human rights organization. “The UAE and human rights don’t really go together,” one Twitter user wrote.

“This is the joke of the season,” UK-based researcher Fahad al-Ghofaili, quipped on the same website.

The UAE has said the new body will be set up in line with the so-called Paris Principles.

Those standards, officially adopted by the United Nations in 1993, essentially outline how a national human rights institution’s leadership should be selected, how it will be funded and staffed and how it can cooperate with both civil society organizations and the government, but also remain independent.

Alexis Thiry, a legal adviser at Geneva-based legal advocacy organization MENA Rights Group, told DW it was too early to know if the new UAE organization would be sticking to the Paris Principles, as promised. This was because the rights group had not yet been able to read a publicly available version of the law, UAE Federal Law number 12 of 2021, that enabled the creation of the institution, said Thiry.

“It is difficult to have an opinion about the forthcoming independence of the [institution] and its compliance with the Paris Principles,” he explained. “At this stage, it is also too early to comment on the performance of the institution since its members have yet to be appointed, to our knowledge.”

Despite its modern outward appearance, the UAE is regularly criticized about its human rights record

When a new institution like this is formed, it often applies for accreditation with the Global Alliance of National Human Rights Institutions to see if it is adhering to the Paris Principles. The MENA Rights Group often provides assessments to the Global Alliance, which has 118 member organizations from around the world.

From the information the legal advisory group did have, it seemed that the UAE’s new law would be similar to those in neighbouring countries, such as Saudi Arabia, Qatar and Bahrain. All of these countries already have national human rights institutions. But according to the Geneva-based lawyers, none of the national human rights institutions in Bahrain, Oman, Qatar or Saudi Arabia fully comply with the Paris Principles.

However, if the UAE’s attempts at creating this institution are really genuine, then organizations like Human Rights Watch and Amnesty would welcome that, activists said. In promotional materials, UAE media said the institution “would seek to cooperate and deal with the UN and concerned international bodies.”

“It will be interesting to see if the UAE are now willing to engage with external organizations,” Human Rights Watch researcher Zayadin noted.

Despite multiple attempts asking UAE authorities to respond to allegations of abuse inside the country, and to get access to prisoners there, Zayadin said her organization has never received any response from the government.

“A very first step towards a genuine commitment to improving human rights in the country would be to allow international, independent monitors access to the country,” said Zayadin. “An even more important step would be to release from prison all those who have been unjustly detained simply for exercising their right to free expression and association.”

https://www.dw.com/en/uaes-new-human-rights-institute-genuine-or-joke/a-59061415

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Nepal: transitional justice a moving goal

August 26, 2020

Nepal continues to struggle with the implementation of of the transitional justice process. Victims of the armed conflict and human rights defenders have opposed the idea of forming a political mechanism to facilitate the conclusion of the transitional justice process, as proposed by the six-member task force formed to propose measures to end the months-long dispute within the ruling party. The idea, first proposed by Nepal Communist Party co-chair Pushpa Kamal Dahal during the Standing Committee meeting in December last year, will politicise the entire process if implemented, and work in favour of the perpetrators, they say. “I am shocked to see the recommendations. They are against the principles of jurisprudence and transitional justice,” said Ram Bhandari, chairperson of Network of the Families of Disappeared referring to the recommendations made by the task force.

“Parties should stop politicising the transitional justice process. Forming a political mechanism would be an illegal move,” Kalyan Shrestha, a former chief justice at the Supreme Court whose bench directed the government to remove the amnesty provisions in the transitional justice Act, told the Post. He said the political parties, who were the parties to the conflict, are in one place now treating the victims as the defeated force. Shrestha said that transitional justice has a universal jurisprudence and it must be abided by.

In a thoughtful piece of 26 August 2020 Mohna Ansari, Commissioner of the National Human Rights Commission of Nepal, argues that “Nepal must reboot human rights, rule of law” puts this in context:

Sometimes it can feel as though Nepal goes through endless cycles that bring us back every time to the place where we started. Maybe we just need more years to look back and see the progress.  But up close, we seem to stand still. The present moment is like that. Consider these needs that remain urgent, yet have been forgotten: 

– The need for independent commissioners to deal with the demand of conflict victims for transitional justice, and the permanent need of society for the rule of law

– The need for independent police accountability mechanism to deal with the way democratic rights are sometimes repressed, especially during this Covid-19 crisis

Both pre-requisites continue to be urgent if this country is ever to deal with impunity and the daily humiliations of injustice that go unanswered. But we have been diverted time and again by petty politics. It is now two-and-half years since the elections that led to the creation of the Nepal Communist Party. Many saw this as a decisive moment, a time when we left behind our turbulent past and unified Nepal to bring prosperity.  Some saw an opportunity at last for a ‘peace dividend’. In the international community, many considered it as a harbinger of stability, which would allow them to finally fully implement development programs free from the disruption of war and political intrigue.

Very few were alert to the risks to human rights. It was almost as though political commentators and the diplomatic community shared the view that the political stability they thought was assured for the foreseeable future would automatically lead to a sudden respect for rights…..

One of the costs of ‘stability’ has been transitional justice. Remedy for victims of the conflict was put on hold after 2006, and especially two years ago, before the pandemic appeared on the scene. The promised truth commission has failed to deliver. Many of us had hoped that the truth telling process would be the foundation for institutional reforms in the justice system that had been put off year after year since the Comprehensive Peace Accord (CPA) of 2006. 

The marginalised in our society are denied access to justice, notably minorities such as Dalits and women victims of violence. Legitimate public protest is still met with harsh and excessive use of force by the police. Convictions in the courts still largely depend on confessions under torture and cruel treatment rather than proper, non-coercive investigation — still a rare skill in Nepal to the shame of all of those involved in efforts to improve public security for all.

Political, social and economic instability have gone hand in hand with violation of basic rights. They are mutually supporting dynamics. Since 2006, more and more Nepalis have come to rely on remittances from family members working overseas for their economic survival. This safety valve is now in doubt because of the economic downturn caused by the global pandemic. 

The idea that political stability and prosperity would put an end to human rights violations was always a pipe dream. A society with such entrenched discrimination is always going to find consensus difficult, and end up resorting to violence and coercion to maintain the status quo, or to resolve inevitable disputes.

We can all agree that Nepal faces a difficult short and medium-term future. All human rights defenders now need to consider some key fundamentals:

  • Political infighting in the leadership can easily generate protests and counter-protests where human rights violations are common
  • The power struggle can impact political harmony at provincial and local levels which can lead to a higher risk of conflict
  • The health and economic crises risk endangering social stability. Medical staff are already at the frontlines of disputes and must get full support from the state and civil society to help them carry out their tasks, which are a matter of life and death not only for their patients but for the whole country. …

Human rights defenders need to find better ways to work together and to set common agenda and activities which address the priority problems that our society is facing, including pervasive discrimination. Such injustice is real and corrosive, and most Nepalis suffer some form or other of discrimination every single day, wherever they live and whatever their occupation. Discrimination is like a ball and chain on the ankle of the country which slows our progress.

This should also be a moment of reflection for our international friends who in the past have given such valuable support for the peace process and the defence of human rights. As the National Human Rights Commission (NHRC) international conference of 2018 indicated clearly, little or no progress has been made since the CPA on impunity — the biggest obstacle in establishing genuine rule of law with equitable access to justice. Law and order cannot be maintained by harsh policing and ever more draconian legal restrictions on privacy and personal rights.

We need to learn from the crisis which is upon us after two years of false promises of stability and social peace. We are no nearer to our common goal of rule of law than we were 14 years ago. Probably the most important step we can take once public health conditions allow, is to ensure that a genuine transitional justice process is finally implemented to mark the end of arbitrary governance and the end to impunity.

Our international partners have to give top attention to the fact that without rule of law, it will be hard to achieve economic development and investment. Respect for human rights is the foundation of Nepal’s economic progress and social harmony. We need our partners to be actively, constantly and transparently promoting transitional justice, human rights and rule of law.  

The international community must make it clear to our leadership, with one voice, that they believe investing in Nepal is not an attractive prospect if a repressive and discriminatory justice system damages stability. The prospect of political stability does not remove the need for active promotion of human rights. The opposite is the case. 

One good starting point would be for human rights defenders and the international community to strongly urge a proper selection process, with civil society participation, for the new NHRC later this year. 

The same is true for the transitional justice commissions and the constitutional commissions. The crisis of political stability must lead to a reflection on the errors of the past two years and teach us that without active promotion of human rights there is unlikely to be much progress in any sector in Nepal. 

With rule of law and justice, there will be progress. Without justice and respect for human rights, there will be nothing.

See also: https://humanrightsdefenders.blog/2020/06/27/international-day-in-support-of-victims-of-torture-2020/

Nepal must reboot human rights, rule of law

https://kathmandupost.com/national/2020/08/26/victims-rights-activists-criticise-ruling-party-bid-to-form-political-mechanism-to-facilitate-transitional-justice

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New national Human Rights Commission in Myanmar: OLD wine in a new bottle

January 18, 2020
Khin Myat Myat Wai of the Myanmar Times reported on 16 January 2020: “Reconstituted Myanmar Human Rights Commission more of the same“.

Human rights defenders blasted the newly reconstituted Human Rights Commission as comprised of a bunch of retirees who have little experience in protecting and promoting human rights. President U Win Myint has appointed U Hla Myint, Myanmar representative at the ASEAN Intergovernmental Commission on Human Rights, as the chair of the 11-member reconstituted body. Daw Nanda Hmun, retired permanent secretary of Ministry of Religious Affairs and Culture was appointed as his deputy chair.

Critics expressed doubt on the capacity of the commission to perform its functions independently, especially in investigating cases, which involved police or military personnel as well as other government officials. Daw Nyo Nyo Thin, a former legislator who now heads an anti-corruption watch group in Yangon, said that one good thing about the newly formed commission is it has four female members. But she observed that since most of them are retired civil servants with little experience in human rights-related works, they might not be the right persons for the commission. ..“One of the main functions of the commission is to challenge the government if they received complaints of abuses.” The former legislator bewailed the lack of an active human rights advocate appointed in the body, commenting that the new commission seemed to be comprised of people close to President U Win Myint.

Ko Aung Zaw Oo, a member of the Myanmar Human Rights Defenders and Promoters Association, noted the lack of consultation and transparency on the appointment of the new commissioners. “I don’t want to criticize people but the selection process,” he said. “I want to ask if being a retired person is a requirement to be a member of Human Rights Commission.” For U Aung Myo Min, director of local resource centre Equality Myanmar, the lack of human rights expert in the commission is disturbing. The new commission does not have human rights subject experts or experienced people from ethnic regions where human rights violations mainly occurred and so, there are doubts in its capacity to discharge its function well, he said.

“The previous commission does not have transparency and was criticized not only locally but also by the international community. The new Commission follows the same steps and I want to question that,” U Aung Myo Min said.

In December last year, 20 local civil society organizations called on the government to respect and ensure the independence of the commission and most of them felt frustrated their call went unheeded as evidenced by the appointment of the members of new commission. The Myanmar National Human Rights Commission was established in September 2011, under the administration of former president U Thein Sein.

https://www.mmtimes.com/news/reconstituted-myanmar-human-rights-commission-more-same.html

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Annual reports 2019: Tanzania mostly a bad year

December 31, 2019
And here the last of my selected annual reports of 2019:

..Should the country’s human rights defenders have any New Year resolutions of ensuring some notable rights violations are brought to an end, they must brace to encounter setbacks and frustrations from what is happening on the ground. Concerns on declining press freedom, the ban on political rallies, the push for an arrangement that would ensure a free and fair elections are some of the issues that continued to test the commitment of authorities in ensuring respect for human rights principles…

While it is true that there were many incidents which activists have described as blatant violations of human rights and the rule of law, the most recent is the ‘kidnapping’ of rights activists Tito Magoti and Theodory Faustine. Their earlier absence in the public eyes sent people into a frenzy which forced the police to clarify that it was they who ‘arrested’ the two. Mr Tito Magoti and Mr Theodory Giyan face three counts of leading a criminal gang, possession of a computer programme designed to commit an offence and money laundering. The former is a Public Affairs’ officer with the Legal and Human Rights Centre (LHRC) while the latter is associated with a digital solutions company, iPF Softwares. They are both at Segerea Remand prison awaiting their case scheduled on January 7, 2020 for mentioning.

..Journalists and the press, in general, were neither spared from the wreck of 2019 violations of people’s basic freedoms. According to the Media Council of Tanzania (MCT), a local press freedom advocacy group, incidents of violations of press freedom, including threats and interference in editorial independence, increased in Tanzania from eight in 2015 to 28 cases in 2019. [see e.g. https://humanrightsdefenders.blog/2019/08/06/journalist-kabendera-in-tanzania-now-suddenly-held-on-economic-charges/]

..Perhaps the serious blow to the country’s human rights landscape came from the government’s decision to withdraw its declaration it made under Article 34(6) of the Protocol establishing the African Commission on Human and Peoples’ Rights (AfCHPR) which gives individuals and non-governmental organisations (NGOs) a direct access to the court once the national judicial mechanisms have been exhausted. The decision came soon after the African Union rights body condemned massive human rights violations by authorities, especially reluctance to investigate serious human rights breaches like that of the disappearance of freelance journalist Azory Gwanda. [see: https://humanrightsdefenders.blog/2019/12/06/tanzania-wants-to-withdraw-right-to-complain-to-african-court/]

..Meanwhile, the political parties continued to raise the alarm; that they were operating under stringent conditions in the past three years as the government’s ban on political rallies remained in force. The year 2019 also witnessed the passing of amendments into the Political Parties Act which Tanzania’s political observers described as draconian.

.. Amidst these negative developments, nonetheless, there was also some positive steps taken by the government to try expressing its commitments to issues pertaining to human rights and good governance. This includes the revival of the State human rights and good governance commission. Since the stepping down of the former chairman, renowned lawyer Bahame Tom Nyanduga and his commissioners, the CHRGG remained inactive, making many of its tasks taken over by independent rights organisations which are blaming authorities over alleged failures to uphold the principles of human rights and the rule of law . President John Magufuli finally sworn-in the new CHRGG commission and asked the officials to go and help people whose rights are violated. President Magufuli’s directives to the commission were timely, to say the least, as they came immediately before Amnesty International and Human Rights Watch released scathing reports on the human rights situation in Tanzania. Launched on October 28, 2019, the two organisations expressed concerns the state of human rights in Tanzania.

..Other human rights-related concerns in 2019 were the frequent anti-human rights statements made by senior government officials which are often followed by cracking down on individuals and organisations.

Rights activists have also expressed uneasiness with the rhetoric, often coupled with arbitrary arrests and threats to deregister nongovernmental groups, which they think has stifled independent reporting by journalists and public discussion on human rights violations and abuses including in the context of the upcoming elections. “Tanzania should show true commitment to protecting and fulfilling the rights to freedom of expression and association. The authorities need to put a stop to harassment, intimidation, and arbitrary arrests of activists, journalists, and opposition members,” said Oryem Nyeko, Africa researcher at Human Rights Watch.

https://allafrica.com/stories/201912300316.html  (original article on Citizen).

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Ugandan human rights Commissioner Med Kaggwa dies

November 24, 2019

On 22 November 2019 Carmel Rickard reorted that a prominent human rights defender, Med Kaggwa, died unexpectedly this week, aged 64. At the time of his death Med Kaggwa chaired the Uganda Human Rights Commission. But his wide experience included serving two terms as a member of the East African Legislative Assembly. He had also been part of the Constitution Review Commission, a country-wide drive to collect the views of the public on proposed content of an amended constitution. Well-qualified in various legal fields, Kaggwa worked with the African Commission on Human and Peoples’ Rights as a commissioner and special rapporteur on prisons and conditions of detention.

He had been a member of the Uganda Law Society. Staff at the commission described him as gentle, committed to human rights, a very competent manager and ‘a great person to work with’. ‘The country has lost a person who will be very (hard) to replace.’  During his funeral, a message from President Yoweri Museveni, read by Vice-President Edward Ssekandi, described Kaggwa as a great servant of the people from whom other public servants could learn. During his tenure he transformed the Human Rights Commission, said Museveni. Despite the widespread praise for the work he did, however, his death has also exposed some concern that the commission he headed did not have enough power to act against human rights abuses.

Read full tribute

https://africanlii.org/article/20191122/med-kaggwa-ugandan-human-rights-defender-rip

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Complaint against Qatar National Human Rights Commission rejected

August 21, 2017

Perhaps a bit of a side-show in the ongoing conflict between Qatar and it Arab neighbors, but interesting to note that the International Accreditation Committee of the Global Alliance of National Human Rights Institutions has rejected the complaint submitted by the ‘siege countries’ against the National Human Rights Committee (NHRC). The International Accreditation Committee has underlined that, since the beginning of the Gulf crisis, the National Human Rights Committee (NHRC) had played its part in the protection and promotion of human rights in accordance with the Paris Principles that govern the work of national human rights institutions. [the countries had filed a joint complaint on 7 August 2017 against the National Human Rights Committee at the Office of the High Commissioner for Human Rights as the secretariat of the International Accreditation Committee, and also as a permanent observer to the Accreditation Committee of the Alliance. In their complaint to the Accreditation Committee, the siege countries requested that appropriate action be taken to freeze the membership of the National Human Rights Committee (NHRC) in the list of national human rights institutions, and called for a reclassification of the Committee’s A rank and downgrade and review of all activities of the NHRC before and during the crisis to consider it conformity with its mandate in accordance with the Paris Principles.]

In a press statement, the Chairman of the Qatari National Human Rights Committee (NHRC) Dr. Ali bin Smaikh Al Marri said this decision is a remedy for the human rights victims of the siege and support for their cause, and a victory not only for the NHRC but also for all national human rights institutions and human rights defenders in the world, as well as a testimony of pride for the NHRC , and an affirmation of its independence and the credibility of its work. ….Dr Al Marri also called on civil society organizations in the siege countries to cooperate with the National Human Rights Committee (NHRC) in addressing the violations and the disastrous humanitarian situation facing the citizens of the Gulf Cooperation Council countries (GCC) as a result of the siege, especially on mixed families, affected students, owners and investors, as well as the neutralization of human rights of any political differences. Dr Al Marri stressed that the NHRC is continuing its work against the violations resulting from the siege and will intensify its efforts at regional and international forums to redress the victims within the framework of its jurisdiction and in accordance with the Paris Principles.

Source:

Siege nations’ complaint against NHRC rejected – The Peninsula Qatar

https://dailynewsegypt.com/2017/06/12/nchr-calls-respect-qatari-residents-rights-amid-diplomatic-tensions/

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Selection of what happened at the local level on Human Rights Day 2015

December 13, 2015

International human rights day is an occasion for a multitude of local activities, some denouncing violations others quietly remembering, some (trying to) march in the streets, others issuing statements. This anthology of 10 such events is far from complete but gives an idea of the variety, from human rights defenders speaking out to governmental institutions ‘celebrating’ …. Read the rest of this entry »

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Tackling Human Rights Violations In Nigeria

December 19, 2014

On 19 December 2014, Naomi Sharang wrote a long piece in the Nigerian Observer (News agency of Nigeria – NAN). After a short general introduction, the author zooms in on the Nigerian situation and the role of human rights defenders, interviewing a NGO representative as well as someone from the Nigerian Human Rights Commission (NHRC). Here follow the main excerpts: Read the rest of this entry »

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Retaliation now reaches even Human Rights Commissioners in the Maldives: UN deeply concerned

October 19, 2014

(Ravina Shamsadani, Spokesperson for the Office of the UN High Commissioner for Human Rights. Photo: UN Multimedia)

On 17 October 2014 the United Nations High Commissioner for Human Rights felt duty bound to express deep concern about a criminal case initiated by the Supreme Court of the Maldives against members of the country’s own official Human Rights Commission!

The Office of the High Commissioner for Human Rights (OHCHR), noted that five members of the Human Rights Commission of the Maldives were now facing “serious criminal charges” following the submission of their written contribution to their country’s second Universal Periodic Review (UPR), presented to the UN Human Rights Council (the actual UPR of the Maldives is scheduled to be held between April and May 2015). “The Government has a responsibility to ensure a safe operating space for the Commission and for civil society actors in the country, so that they are able to coöperate with UN human rights mechanisms without fear of reprisals.” the spokesperson stated.

[It is not the first time the Supreme Court of the Maldives has come under rebuke from OHCHR. In 2013, former High Commissioner for Human Rights Navi Pillay called for reforms to the judiciary to safeguard the rule of law following the Supreme Court’s repeated interventions in the presidential election process in the Maldives which, she said, were undermining the country’s democracy. In that specific case, the Court had nullified the first round of the election on the basis of irregularities in the process, despite conclusions by national and international observers that the election was free and fair.]

United Nations News Centre – Maldives: UN ‘deeply concerned’ as Supreme Court prosecutes rights advocates.

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Human rights defenders are not enemies of the state, says national conference in Dhaka

October 3, 2013

The Chairman of the National Human Rights Commission (NHRC) in Bangladesh, a member of the Law Commission, and several rights activists and academics said on Saturday 28 september that the state should not treat human rights defenders as its enemy. They also expressed concern over the use of several laws against human rights defenders Read the rest of this entry »

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