Posts Tagged ‘Open Society Justice Initiative’

Defending Whistleblowers as human rights defenders (Nigeria)

October 7, 2024

On 29 September 2024, Danlami Nmodu:

..A one-day conference was organized by African Centre for Media and Information Literacy (AFRICMIL), in collaboration with Amnesty International Nigeria, to explore the nexus between whistleblowing, corruption and human rights, and in doing so highlight the essence of whistleblowing as a conveyor belt of free speech and an affirmation of individual human dignity and moral worth that requires full protection from the state or other legitimate institutions.

Its theme, ‘Amplifying Whistleblowing to reduce Corruption and protect Human Rights,’ was painstakingly decided to assert the value of whistleblowers in exposing or preventing wrongdoing, and the necessity of standing up for them for largely playing the delicate role of human rights defenders who are in most cases victimized for performing what is clearly the citizenship duty of protecting the well-being of other citizens and the wider society.

Indeed, that whistleblowing is a fundamental human right is neither theoretical nor speculative. All applicable statutes from the domestic to the international are clear on this. And Maxwell Kadiri, senior legal officer at Open Society Justice Initiative (OSJI) and human rights advocate who was the keynote speaker, made the point succinctly in his refreshingly scholarly address by delving into the origin of whistleblowing and laying out all the laws proclaiming it as a human right that deserves protection.

However, worthy of note is that in exercising the right to hold opinion and express themselves by disclosing public interest illegalities or potential danger to competent authorities, whistleblowers are also helping – directly or indirectly – to protect the right being harmed by the wrongdoing they disclose. It isn’t for nothing, therefore, that some of the most prominent whistleblowing cases globally can be traced to whistleblowers who have reported wrongdoing that amounted to human rights abuse.
Just one example of such is Dr. Li Wenliang, the 34-year-old Chinese ophthalmologist who was the first to blow the whistle on the covid-19 virus and other issues related to the right to life and access to healthcare. And there are many more unsung heroes like Wenliang whose disclosures have uncovered corruption and its collateral human rights violations. Whistleblowers have largely served as human rights defenders when they expose threats to human rights that the public are not able to access.

In Nigeria, they have continued to be victims of relentless persecution simply for doing the right thing: exposing wrongdoing which serves public interest. This is one of the major reasons for the whistleblowing, corruption and human rights conference. Institutions and individuals perpetrating wrongdoing often find it difficult to admit their mistake. Instead of tackling the message, they shoot down the messenger. Not a day passes without a report of public sector workers at the federal and sub-national levels being censored or penalized for challenging authorities by reporting fraud, corruption, misconduct and other illegalities.
Although section 6 of Nigeria’s whistleblowing policy provides protection for whistleblowers on the receiving end of punishment for reporting wrongdoing, no whistleblower is known to have enjoyed any protection under this provision. This is because the oversight institutions are so weak that they are not able to assert themselves to implement this provision effectively. Rather than ensure honest implementation of the policy, these institutions are often found doing the bidding of the persons reported, not able to summon the courage to hold them to account for their wrongdoing and would perpetually ignore complaints of victimized whistleblowers.

At the conference, there were at least four whistleblowers with different stomach-churning tales of workplace oppression ranging from suspension, harassment, denial of salary and other benefits, punitive posting, abusive lawsuits, outright dismissal, and threat to life. At the risk of seeming immodest, it has to be stated that AFRICMIL is overwhelmed with demands for support from whistleblowers in this category.
In the face of these varied attacks, it is no surprise that citizens are showing next to no interest in engaging whistleblowing despite its famed rating as an extension of the right of freedom of expression that is linked to the principles of accountability and integrity. To prevent an individual from exercising this right is much more than a denial of fundamental human right; it is a violation of humanity….

Whistleblowing is about promoting the culture of truth, self-expression and democracy. Dr. Chido Onumah, coordinator of AFRICMIL and his counterpart at the Amnesty International Nigeria, Isa Sanusi, have agreed as much and stated their resolve to work together to preserve the freedom of expression rights of citizens as it relates to whistleblowing.

James Goldston adds voice to debate on future of the human rights movement

August 21, 2019
, Executive Director of the Open Society Justice Initiative and previously in the Office of the Prosecutor at the International Criminal Court, wrote on 20 August 2019 an opinion piece in ‘Balkan Insight’ entitled: Illiberal Populism: A Wake-Up Call for Human Rights”. His conclusion is that human rights defenders need to up their game but be under no illusion that they alone can defend liberal values. “The battle against illiberal populism will ultimately be won in the arenas of politics and power — in voting booths, legislative offices, the media and the streets.
The criticisms – although overblown especially by populist leaders – contain truth, and they lead to clear prescriptions, says Goldston: We must pay more attention to economic suffering. We must relearn how to speak less like lawyers and more like people. And we must work more collaboratively with like-minded groups that don’t identify themselves as rights defenders, but whose contributions — whether through science, technology, economics, or the arts — can foster rights awareness.

Some of this is happening, see e.g. https://humanrightsdefenders.blog/2019/08/05/amnesty-internationals-global-assembly-2019-deserves-more-attention-big-shifts-coming-up/

.. But rolling back reactionary politics worldwide requires not just rights activism but also deeper engagement in political debate and elections. That’s a task not just for the rights movement, but for everyone.The author notes that although annual philanthropic funding for “human rights and social justice” has increased worldwide in recent years, it remains under $3 billion. {and human rights defenders a tiney partof that, see: https://humanrightsdefenders.blog/2019/07/18/important-report-to-help-you-understand-human-rights-grantmaking/]

……

https://balkaninsight.com/2019/08/20/illiberal-populism-a-wake-up-call-for-human-rights/

Call for Applications for Civic Space Litigation Surgery, 25-27 September in Nigeria

August 8, 2019
Robert F. Kennedy Human Rights and Open Society Justice Initiative are calling for applications from lawyers and/or members of civil society organizations based in West Africa to participate in a forthcoming litigation surgery on the protection of civic space. The litigation surgery will be held in Abuja, Nigeria from September 25 – 27, 2019. All applicants are required to submit a current or potential case involving the protection of civic space for discussion and workshopping.  The application deadline is 11 August 2019. To apply, please complete the online application form available HERE and send all required documents.
…..
The proposed strategic litigation surgery is aimed at considering key issues implicated in protecting civic space, particularly the protection of freedom of expression, the right to peaceful protest, assembly and association. This litigation surgery looks to support and strengthen either existing or proposed cases that are focused on defending these rights.

Criteria for participant eligibility: 

  • The litigation surgery is open to lawyers and/or members of civil society organizations working in any member state of the Economic Community of West African States (ECOWAS), including Benin, Burkina Faso, Cabo Verde, Ivory Coast, Côte d’Ivoire, the Gambia, Ghana, Guinea, Guinea Bissau, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, and Togo. Applicants must possess a demonstrated commitment to addressing threats to civic space in their home country through sub-regional and regional human rights litigation. Lawyers currently employed by a government institution or political party are not eligible.
  • The participants must be involved in, or considering, litigating a case or cases that address the suppression of civic space involving a violation of the rights to freedoms of expression, the right to peaceful protest, assembly, and/or association. With their application, they must submit a case that they are litigating or intend to litigate before existing human rights protection mechanisms at the sub-regional or regional levels or the national court system, which could be discussed and workshopped during the litigation surgery.
  • The following non-exhaustive list of themes are a guide for the types of cases that could be submitted with the application:
    • Suppression of peaceful protests — e.g. through excessive use of force against protesters; criminalization of protesters and organizers; legal frameworks that either prevent, restrict and/or chill protest rights generally;
    • Burdensome regulatory restrictions on civil society organizations — e.g. constraints on access to foreign funding and foreign partnerships; obstacles in registering or maintaining registration; restrictive tax laws;
  • Suppression of the media and access to information — e.g. misuse of criminal defamation laws; restricted access to the internet and social media; abuse of cyber-crimes laws; other violations that produce a chilling effect on the freedom of expression, media freedom, citizen journalism, or access to information;
  • Abuse of laws or policies in the context of countering terrorism — e.g. misuse of broad counter-terrorism laws to criminalize and/or chill legitimate activities of civic actors;
  • Impunity for threats, violence, and arbitrary detention against human rights defenders, activists, journalists, media practitioners, bloggers, social media users and other civic actors.
  • While all civic space cases will be considered, we encourage cases that touch on an intersectionality of issues and/or address untested or developing areas of human rights jurisprudence at the national, sub-regional or regional levels respectively, including:
    • Cases that highlight the role of multinational corporations in the suppression of civic space;
    • Cases that link the suppression of civic space to economic, social, and cultural rights, including in particular environmental rights;
    • Cases that demonstrate how the suppression of civic space uniquely affects women, sexual minorities, persons with disabilities, or refugees and internally displaced persons;
    • Cases that address the link between the suppression of civic space and corruption.

Other important details: The working languages for the litigation surgery will be English and French. There will be simultaneous interpretation between the two languages available to all participants. The organizers will cover the cost of airfare, visas, local transportation, accommodation, and a reasonable per diem for expenses not otherwise covered for up to about 8 selected participants.

To apply: HERE. If you have any questions regarding the litigation surgery or the application process, please email advocacy@rfkhumanrights.org.

https://rfkhumanrights.org/news/call-for-applications-civic-space-litigation-surgery-1