Human Rights First announced that it will present Grupa Granica with the William D. Zabel Human Rights Award 2022 in recognition of its commitment to human rights at the Poland-Belarus border.
“Grupa Granica are front-line human rights defenders working at a flashpoint for human rights and freedom of migration,” said Michael Breen, president and CEO of Human Rights First. “We hope that Human Rights First’s presentation of the William D. Zabel Award provides additional recognition to the importance of their work and helps to stem this humanitarian and geopolitical crisis.”
Formed in 2021 in response to the humanitarian crisis at the Polish-Belarusian border, Grupa Granica is an informal network of Polish NGOs, activists, and inhabitants of the border region that provides humanitarian, medical, and legal aid to migrants stranded in the forests there. They monitor the situation on the ground, provide assistance to people searching for missing family members, document human rights violations and educate Polish society on the situation at the border.
“Our network was formed in August last year in response to the humanitarian crisis at the Polish-Belarusian border. It consists of local inhabitants, activists, NGO staff, doctors, lawyers, interpreters, psychologists, public figures and many others working hand in hand to save the lives of migrants stranded at the border,” says Marta Górczyńska of Grupa Granica. “This prestigious award sends a clear message to the public that despite the recent attempts by the Polish authorities, providing humanitarian aid and defending human rights must never be criminalized. We hope it will also make it more difficult for the international community to turn a blind eye to the violations at the border.”
The 2022 award will be officially presented to Grupa Granica on June 8.
Poland must investigate all allegations of harassment of human rights defenders, including media workers and interpreters, at the border with Belarus, and grant access to journalists and humanitarian workers to the border area ensuring that they can work freely and safely, UN human rights experts* said on 16 February 2022.
“I am receiving several reports of harassments from human rights defenders who assist migrants and document human rights violations against them at the Polish-Belarusian border, and I am deeply concerned at this practice,” said Mary Lawlor, the Special Rapporteur on the situation of human rights defenders.
Jakub Sypiański, a volunteer interpreter assisting migrants and asylum-seekers, was reportedly stopped by armed soldiers when driving home in November 2021. The soldiers, who were in an unmarked vehicle, did not identify themselves nor explain their actions. They forced open the car door, took the keys out of the ignition and tried pulling him out by his legs.
“Most of the migrants at the border do not speak Polish,” said Mary Lawlor. “Interpreters play a vital role in ensuring their human rights are protected both at the border and in immigration detention centres.”
At around the same time, armed soldiers reportedly harassed journalists covering the arrival of migrants and asylum seekers. Soldiers who did not identify themselves stopped, searched and handcuffed photojournalists Maciej Moskwa and Maciej Nabrdalik outside a military camp. The soldiers searched their equipment, scrutinising their photos, and documented their phone messages and incoming calls.
Journalists Olivia Kortas and Christoph Kürbel, along with two local Polish residents, were allegedly harassed by soldiers while filming a documentary about the human rights situation of migrants at the border.
“Reports that these journalists are being persecuted for documenting such human rights violations are appalling,” said Irene Khan, the Special Rapporteur on the right to freedom of opinion and expression. “Their work is crucial for everyone’s access to information about the situation unfolding at the border. If they are not allowed to do their job, there are very serious consequences for the human rights of migrants”.
“Interpreters and journalists, along with medics, lawyers and others who peacefully work for the protection of human rights or who provide humanitarian aid, are human rights defenders, according to the UN Declaration on Human Rights Defenders. Poland should bear this in mind and ensure that they are able to carry out their legitimate work in a safe and enabling environment and with full access to the border area,” said Lawlor.
The experts are in contact with the Polish authorities on the matter.
The experts’ call was endorsed by: Mr. Felipe González Morales, Special Rapporteur on the human rights of migrants, and Ms. Elina Steinerte (Chair-Rapporteur), Ms. Miriam Estrada-Castillo (Vice-Chair), Ms. Leigh Toomey, Mr. Mumba Malila, and Ms. Priya Gopalan, Working Group on arbitrary detention.
The decision on February 16, 2022 by the Court of Justice of the European Union to allow EU institutions to tie funding to EU states to respect for the rule of law clears the way for strong action by the European Commission, Human Rights Watch said. The EU Court’s ruling dismissed the actions brought by Hungary and Poland against the new conditionality mechanism.
“The EU Court has sent a clear signal that EU funds should be used in ways that uphold rather than undermine Europe’s democratic values,” said Philippe Dam, Europe and Central Asia Advocacy Director at Human Rights Watch. “The EU Commission should now act swiftly and demonstrate that defending the rule of law is at the top of its agenda.”
In December 2020 the EU adopted a regulation creating a new conditionality mechanism to protect the EU budget from rule of law breaches by an EU member state. A last-minute deal among EU member states obliged the Commission to wait for a ruling by the EU Court of Justice before finalizing the guidelines for applying the conditionality mechanism. Hungary and Poland brought legal action before the EU Court seeking to annul the rule of law conditionality mechanism in March 2021, initiating that process…
The court’s ruling confirms that “compliance by the Member States with the common values on which the European Union is founded (…) such as the rule of law and solidarity, justifies the mutual trust between those States.” The Court added that the EU “must be able to defend those values.”
The European Commission should demonstrate its stated commitment to protect the rule of law and democratic values in the EU by swiftly initiating procedures provided by the regulation, Human Rights Watch said. It should seek to suspend, reduce, or prevent new agreements to provide EU funds to a member state if it finds that the state has failed to respect the rule of law.
In applying the conditionality mechanism, the European Commission should ensure that a broad range of breaches to EU’s democratic values could lead it to recommend cutting funds to EU member states. These should include attacks on the independence of the judiciary, as well as state interference with media and civil society. The Commission should also seek to ensure that EU funding cannot be used to promote intolerance or discriminatory policies, including against women and lesbian, gay, bisexual, and transgender (LGBT) people and other minorities.
The Commission should also ensure that carrying out this procedure does not punish EU citizens for the actions of their governments, including by negatively affecting their economic and social rights. The Commission should conduct human rights impact assessments to determine the risk that people’s rights would be harmed by any decision and should divert rather than cut funding as required, to ensure that beneficiaries’ rights are not affected.
Hungary and Poland, the two EU countries that initiated legal action against the regulation, are already facing scrutiny for their poor rule of law records under the Article 7 procedure – the EU treaty provision dealing with governments that flout EU values, which can ultimately lead to the suspension of their voting rights in the Council. Hungary is among the largest recipients of EU funding per capita, and Poland is the largest overall net recipient.
Poland’s government has eroded judicial independence and ignored recent EU Court of Justice decisions. It also used its politically compromised constitutional tribunal to undermine women’s rights and the binding nature of EU law. LGBT and women’s rights activists face threats and harassment. In Hungary, restrictive laws target civil society groups, and the government or its supporters control most media outlets. A June 2021 law banned discussion on gender identity and sexual orientation, putting health providers, educators, artists, and broadcasters at risk of sanctions.
EU member states also have a serious responsibility to ensure that all member states respect EU’s democratic values and the rule of law. On February 22 they will hold a hearing on the situation of the rule of law in Poland under the Article 7 procedure. But since Article 7 was triggered in 2017 on Poland and in 2018 on Hungary, other EU member states have failed to take further action to hold those two governments to account.
..Proceedings under Article 7 should remain the cornerstone of the action against the erosion of EU values in countries like Hungary and Poland. The EU is equipped with the tools needed to stand up against member states that disregard the EU’s own democratic values, Human Rights Watch said. What has been missing is political will by the EU Commission and by leading EU member states to take decisive action and to hold states responsible for abuses to account.
“The EU Court ruling underscores that EU institutions can fight back against the erosion of the rule of law within the bloc, but much depends on the European Commission quickly building on this momentum,” Dam said. “Tying EU money to EU values and strengthening scrutiny of rule of law abuses should go hand in hand to demonstrate that EU membership and respect for the rule of law are inseparable.”
Mirage news of 8 June 8, 2021 tells the sad story of Artur Ligęska, a 40-year-old Polish citizen who has spoken out widely about torture and ill-treatment in Emirati prisons. He was found dead in his apartment in Amsterdam, the Netherlands on May 26, 2021. The Gulf Centre for Human Rights and Human Rights Watch are deeply saddened by the news of his death and extend their sincere condolences to his friends and family.
Following his release from al-Sadr prison in May 2019, Artur dedicated himself to seeking justice for the abuse he and other prisoners suffered in prison, especially Ahmed Mansoor, an award-winning human rights defender who is on the advisory boards of GCHR and Human Rights Watch. [see: https://www.trueheroesfilms.org/thedigest/laureates/074ACCD4-A327-4A21-B056-440C4C378A1A]Artur was a uniquely valuable source of information on prison conditions in the United Arab Emirates (UAE).
He was an activist, author, and fitness expert and had recently celebrated the second anniversary of his acquittal on May 9. He had been sentenced to life in prison in the UAE following a deeply flawed trial on drug charges despite the absence of any evidence of drugs in his possession.
In a voice message to a friend at GCHR on May 9, Artur said, “My main wish for this new-life birthday is freedom for Ahmed Mansoor. I really do hope that this year will be special for him. I was thinking all day about him. I remember our last talk, and I was thinking about his wife and kids. …In the last days, Ahmed told me ‘Don’t forget about me.’”
Artur said he was planning to organize a protest in The Hague soon to call for Ahmed’s release. Artur’s many actions to help Ahmed included advocacy with Polish and EU officials, providing human rights groups with information, taking part in human rights events, documentary films and TV appearances, and writing about Ahmed in his two books.
Artur first phoned GCHR staff in April 2019 to tell them that Ahmed was on a hunger strike and told them that he was worried that Ahmed might die because his health had deteriorated greatly. He told GCHR that Ahmed was being held in “terrible conditions” in a cell with no bed, no water, and no access to a shower. Ahmed today remains in a 2-by-2 meter isolation cell with no bed or mattress, serving a 10-year prison sentence for his human rights activities.
Despite suffering serious trauma after suffering abuse as a prisoner in the UAE, Artur again phoned GCHR to share the good news that human rights groups’ advocacy had been successful. Ahmed had ended his hunger strike after being allowed to phone his ill mother and to go outside to see the sun for the first time in two years. Artur sacrificed phone calls to his own family to make calls on behalf of Ahmed, referring to him as a brother.
Following his release, Artur was able to provide GCHR with more details about what he called the “medieval prison conditions” in al-Sadr prison, including periods when there was no running water despite extreme heat.
Artur told GCHR that after he left the UAE, he had undergone surgery and therapy to treat the damage done by the rape and psychological torture that he said he was subjected to but he was recovering well and taking classes to become a journalist and human rights professional.
On April 13, 17 European Parliament members wrote to the EU’s High Representative Josep Borrell to express their “deepest concern over the ongoing human rights violations in the United Arab Emirates, particularly with regards to the systematic crackdown on freedom of speech and expression and the subsequent retaliation received during detention.” The letter mentions Ahmed, and also refers to Artur, noting, “The use of torture has not been limited to Emirati nationals, as there have also been instances of EU citizens that have reported facing brutal torture at the hands of prison authorities.”
On October 22, 2020, Amnesty Westminster Bayswater and GCHR held an online event, The Prisoner and the Pen, featuring the writing, songs and poetry of prisoners who are human rights defenders and the work of writers and artists from the Middle East and North Africa region. The event, held on Ahmed ‘s birthday, included his poems. Artur read from his memoir, “The Sheikh’s Different Love,” published in 2019 in Polish. He has also written a second bestselling book in Poland, “Prison Diary.” His story is documented in a film by Hossam Meneai, Isolation Cell 32, which debuted at the Polish Film Festival in America in November. Artur also appears in an upcoming documentary about Ahmed Mansoor made by Manu Luksch.
Artur’s untimely and unexpected death comes as a great shock to those who knew him. The Dutch police are investigating the circumstances of his death.
Hussein al-Qaidi, director of the Office of Rescuing Kidnapped Yezidis for the Kurdistan Regional Government (KRG), has been named the recipient of the Sergio Vieira De Mello Prize, which is awarded yearly in Poland (!) to individuals and organizations which promote human rights and dialogue.
Qaidi is a Yezidi, born in the Duhok province of Iraqi Kurdistan. In 2014, after ISIS overran the Yezidis’ homeland, he organized campaigns to find missing people, free them, and help then return to a normal life.
The KRG supported Qaida’s efforts and already in August 2014, he was named to lead a new unit: the Office of Rescuing Kidnapped Yezidis. It is based in Duhok, and Qaida remains its head.
Last November, Qaida received the prestigious Mother Teresa Memorial Award for rescuing thousands of Yezidi women from the clutches of the ISIS terrorists.
Raoof hopes that the award will put Yezidis in the spotlight again in Poland, since previous awards were widely reported in the Polish media.
“I believe that it will once again make Polish people aware of the difficult fate of Yezidis and also show that there are still many people and organizations helping Yezidi people with great courage and commitment, ”he continued.
Unfounded charges of “offending religious beliefs” are being brought against three women human rights defenders in Poland for simply exercising their right to freedom of expression, a coalition of six nongovernmental groups said. The first hearing in their case is scheduled for November 4, 2020, in the town of Plock.
The Prosecutor General should drop the charges – and ensure that the three women can carry out their human rights work without harassment and reprisals by the authorities. The Polish authorities should amend their legislation in line with international and regional human rights standards and abstain from using it against activists to unduly curtail their right to freedom of expression.
The three human rights defenders, Elżbieta, Anna and Joanna – whose surnames are not being used to protect their privacy – are facing trial for “offending religious beliefs” under Article 196 of the Criminal Code (C.C.) in relation to the use of posters depicting the Virgin Mary with a rainbow halo symbolic of the LGBTI flag around her head and shoulders. The authorities are alleging that the three activists pasted the posters on 29 April 2019 in public places such as on portable toilets, dustbins, transformers, road signs, building walls in public areas in the city of Plock and have “publicly insulted an object of religious worship in the form of this image which offended the religious feelings of others”. They now face up to two years in prison if found guilty for their peaceful activism.
The authorities arrested and detained Elżbieta in 2019 after she took a trip abroad with Amnesty International. The authorities opened an initial investigation against her in May 2019 and in July 2020, they officially charged the three activists.
Having, creating or distributing posters such as the ones depicting the Virgin Mary with a rainbow halo should not be a criminal offence and is protected under the right to freedom of expression.
In its current formulation, Article 196 of the Criminal Code imposes undue restrictions on the right to freedom of expression by providing overly broad discretion to the authorities to prosecute and criminalise individuals for expression that must be protected. This is incompatible with Poland’s international and regional human rights obligations.
Poland is bound by the International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights as well as the Charter of Fundamental Rights of the EU to respect, protect and fulfil the right to freedom of expression.
Furthermore, in 2013, the Special Rapporteur in the field of cultural rights noted that “Restrictions on artistic freedoms based on insulting religious feelings… are incompatible with [ICCPR]”. In 2019, this was again highlighted by the Special Rapporteur on freedom of opinion and expression who stressed that criminalising expression that insults religious feeling limits “debate over religious ideas and… such laws [enable] governments to show preference for the ideas of one religion over those of other religions, beliefs or non-belief systems”. Freemuse is particularly concerned about the policing of artistic and creative content by the authorities in Poland and regard it as an unlawful attack on freedom of artistic expression.
Amnesty International has previously called on the Polish authorities to repeal or amend legal provisions, such as Article 196 of the Criminal Code, that criminalises statements protected by the right to freedom of expression, for example in the report ‘Targeted by hate, Forgotten by Law: Lack of a coherent response to hate crimes in Poland’. Many other national and international human rights organisations have criticised provisions of the Polish Criminal Code, including Article 196, as problematic because they constitute restrictions on the right to freedom of expression not permissible under international human rights law.
International human rights law permits states to impose certain restrictions on the exercise of the right to freedom of expression only if such restrictions are provided by law and are demonstrably necessary and proportionate for the protection of certain specified public interests (national security, public order, protection of health or morals) or for the protection of the rights of others (including the right to protection against discrimination). When restricting the right to freedom of expression to protect public order or morals, the Human Rights Committee, which interprets the ICCPR, observed that states must not base their restrictions on principles deriving “exclusively from a single tradition” e.g. Christianity. States may impose certain restrictions on certain forms of expression if they can demonstrate that such restrictions are necessary and proportionate to the specified purpose (that is, the measure is designed to be effective in achieving its goal, lesser measures do not suffice and without putting in jeopardy the right itself). The current formulation of Article 196 of the C.C. does not appear to pass the test of proportionality and necessity. ..
The organisations recall that everyone has a right to express themselves safely and without fear of reprisals, and that the right to freedom of expression is protected, even if some people might find the expression to be deeply offensive (Human Rights Committee, General Comment 34 on Freedom of Expression, para. 11). In the words of the European Court of Human Rights the right to freedom of expression “is applicable not only to information or ideas that are favourably received or regarded as inoffensive or as a matter of indifference but also to those that offend, shock or disturb the state or any sector of the population”.
Elżbieta, Anna and Joanna now face up to two years in prison if found guilty under the unfounded charges brought against them. The case against them is not unique but an example of the repeated harassment activists and human rights defenders face simply for carrying out peaceful activism in Poland, which Polish and international human rights organisations have documented and denounced at length in the last several years.
Elżbieta, Anna and Joanna stood against hate and discrimination and for years they have been fighting for a just and equal Poland. They deserve to be praised and not taken to court for their activism.
At the time of her arrest in May 2019, she had just returned from a trip to Belgium and the Netherlands with Amnesty International, where she participated in several events and advocacy meetings with activists and supporters to raise awareness about the situations of peaceful protesters and the crackdown they are facing in Poland.
The European Parliamenthas announced its long-list of nominees for the annual Sakharov Prize. The nominees for this year’s prize, announced at last week’s plenary session of the Parliament, are:
Two nominations for the democratic opposition in Belarus, represented on the one hand by the Coordination Council, an initiative of political and civil society figures, and on the other by Sviatlana Tsikhanouska, an activist and politician whose defeat in this year’s presidential election led to accusations of fraud against the winner, Alexander Lukashenko. Tsikhanouska is also a member of the Coordination Council.
Monsignor Najeeb Moussa Michaeel, Archbishop of Mosul in Iraq who ensured the evacuation of Christians, Syriacs and Chaldeans to Iraqi Kurdistan when Islamic State arrived in the city in 2014, and who safeguarded more than 800 historic manuscripts dating from the 13th to the 19th century.
Guapinol activists and Berta Caceres in Honduras. The Guapinol activists have been imprisoned after taking part in a peaceful protest against a polluting mining company in Tocoa, Honduras. Berta Caceras was assassinated in 2016, and was a land-rights activist and protestor against illegal logging and land-grabbing from indigenous peoples in Honduras.
Finally, Polish LGBTI activists Jakub Gawron, Paulina Pajak, Paweł Preneta and Kamil Maczuga who founded the website Atlas of Hate, monitoring the implementation by local municipalities to the anti-LGBTI legislation introduced by the national government. This year five of the municipalities sued Gawron, Pajak and Preneta, demanding financial compensation for loss of reputation.
At the end of the month, the foreign affairs and development committees and the human rights subcommittee of the Parliament will announce their shortlist of three finalists. On 22 October the Conference of Presidents – consisting of the President of the European Parliament and the leaders of the political groups – will announce the winner.
The Prize itself will be awarded at a ceremony in the European Parliament in Strasbourg on 16 December.
Political leaders in the European Parliament will insist that the EU’s massive budget payouts be dependent on countries meeting human rights and media freedom standards, they said on Wednesday.26 August 2020. Targeted, but not named, were Hungary and Poland, countries that receive massive subsidies from the EU budget, but flout calls by Brussels to meet commitments on fundamental freedoms.
“The time has come to accelerate the fight against the erosion of democracy, the rule of law and fundamental rights in the very heart of the EU,” said the letter, signed by leaders from the centre-right, centre-left, centrist and green parties.
The letter was addressed to Chancellor Angela Merkel of Germany, which currently holds the EU’s rotating presidency, as well as Ursula von der Leyen, the head of the commission, the EU’s executive arm that hands out the cash. Unless there are changes, the European Parliament has already vowed to veto the multi-year, one-trillion-euro budget — along with a massive pandemic recovery fund — that was thrashed out between heads of government at a summit in July.
Parliament members are due to sit down with representatives from the member states on Thursday to seek a compromise, with MEPs insisting on stricter conditions around civil rights. The summit deal in July was seen by some as not putting enough pressure on countries to respect core EU values, especially after Hungarian Prime Minister Viktor Orban hailed a “huge victory” against conditionality after the talks.
In their letter on Wednesday, the MEPs insisted that EU member states approve a parliament proposal from April 2019 which would firmly link EU spending to the rule of law, which they vetoed at the time. Without its formal approval, “it will be impossible for us to move forward” on the EU budget, the group leaders said.
The EU budget is deeply intertwined with the 750 billion euro post-virus recovery fund, that parliament does not have a say over. But given the historic recession afflicting Europe, member states are under huge pressure to implement the plan and the budget as soon as possible, hopefully by the end of the year.
Recent events in Hungary and Poland suggest the countries have little intention of addressing EU concerns over attacks on media freedom, LGBTI rights and the independence of the courts. A day after the summit in July, the editor of Hungary’s top independent news site was fired, seen as another sign of the Orban government’s attacks on opposition media. In Poland, the UN’s AIDS programme this month voiced deep concern about the “intensifying persecution” of LGBTI people, as well as crackdowns on human rights defenders.
Tomorrow, 29 November, 2019, young people will gather at locations around the world for a Fridays for Future Global Climate Strike. On 2 December, United Nations delegates, world leaders, business executives, and activists will meet at the 25th Conference of the United Nations Framework Convention on Climate Change (COP25) in Madrid to discuss ways to protect the environment. Participants in these events should also discuss ways to protect the protectors: the individuals and groups targeted around the world for their efforts on behalf of the planet.
Protecting the endangered Asiatic cheetah. Tweeting a satirical poem. Attending a climate conference. Campaigning against a power plant. These actions hardly conjure images of suicide bombers or coup plotters. Yet they have been labeled “eco-terrorism,” “extremism,” or “threats to national security” by governments and businesses that seek to block the work of environmental activists. The dangers facing environmental defenders do not stop at accusations that they are national security risks.From the Amazon rainforest to South African mining communities, activists seeking to preserve ecosystems and ancestral lands are being threatened, attacked, and even killed with near total impunity, Human Rights Watch has found. But in contrast to many of these illegal acts, the unjust labeling of environmentalists as security threats is often more insidious, as it is generally carried out under the color of law.
In a long interesting piece on 28 November Human Rights Watch writes that only in exceptional cases would the actions of environmental activists meet a generally recognized definition of terrorism … When they engage in civil disobedience, their aim is usually to strengthen – and improve the enforcement of – existing environmental protection measures. It lists examples where environmental activists have been smeared as terrorists or other national security threats (for more detail see the original article):
In Kenya, the police and military have frequently labeled environmental activists opposing a mega-infrastructure project in the Lamu coastal region, including a coal-fired power plant, as “terrorists” while subjecting them to threats, beatings, and arbitrary arrests and detentions. In 15 cases documented by Human Rights Watch between 2013 and 2016, the authorities accused environmental defenders of membership in, or links to, the extremist armed group al-Shabab but provided no compelling evidence.
In the Philippines, President Rodrigo Duterte in 2018 placed 600 civil society members, including environmentalists and indigenous rights defenders, on a list of alleged members of the country’s communist party and its armed wing, which he declared to be a terrorist organization. Duterte’s “terrorist list” included Victoria Tauli-Corpuz, an indigenous Filipina who is the UN special rapporteur on the rights of indigenous peoples and a climate change activist.
In Ecuador, eight years passed before the prominent environmental activist José “Pepe” Acacho, a Shuar indigenous leader, was able to clear himself of “terrorism” charges for his activities opposing mining and oil exploration in the Amazon. Acacho was charged with terrorism in 2010 for allegedly inciting violence during Shuar protests against a mining law.
In the US in August 2018, then-US Interior Secretary Ryan Zinke blamed “environmental terrorist groups” that opposed logging for wildfires on the West Coast – a proposition immediately attacked by leading environmental organizations including the Sierra Club. In 2017, 84 members of the US Congress, most of them Republicans, asked the Justice Department if activists mobilizing against the construction of oil pipelines could be prosecuted as terrorists. (The department’s response was that in some cases, yes.)
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In Russia, at least 14 environmental groups have stopped work in recent years, and the head of the prominent group Ekozaschita! (Ecodefense!), Alexandra Koroleva, fled the country in June to avoid prosecution under the draconian Law on Foreign Agents. The 2012 law requires any Russian group accepting foreign funding and carrying out activities deemed to be “political” to register as a “foreign agent,” a term that in Russia implies “spy” or “traitor.” Authorities have used the law to silence groups that opposed state-sanctioned development projects and petitioned authorities for the release of imprisoned environmental activists, a Human Rights Watch investigation found.
Civil society participation will be crucial to ambitious outcomes at COP25. Parties to the summit, which include all UN member countries and the European Union, should allow activists ample opportunity to air their concerns about the climate crisis and use their combined expertise to help identify solutions. They should also provide activists with a safe space to speak out about the threats they face for carrying out their work.
In addition, parties should publicly commit to robustly carrying out international and regional treaties that protect environmental defenders. One of these treaties is the Escazu Agreement (the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean), the world’s first covenant to include specific provisions promoting and protecting environmental defenders. Twenty-one countries have signed the 2018 agreement. But only six countries have ratified it – five shy of the ratifications needed to enter it into force. Chile, which stepped down as COP25 host because of protests stemming from economic grievances, but will still preside over the negotiations in Madrid, should lead by example and ratify the agreement.
COP25 participants should also commit to upholding the Aarhus Convention (the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters), to which Spain is a signatory. The convention – an environmental pact for Europe, the European Union, and Central Asia – grants the public, including environmental groups, an array of rights including public participation and access to information and justice in governmental decisions on the environment, without harassment or persecution. Parties to the treaty, including the EU, and Poland for its crackdown at COP24, have been criticized – including in some cases by the Aarhus Convention’s own oversight body – for flouting these provisions.
COP25 delegates should recognize that to genuinely protect the environment, they also need to protect its defenders – including those unjustly targeted in the name of security.
On 29 October 2019 Catrinel Motoc, Amnesty International’s senior campaigner on shrinking space and on human rights defenders at risk, wrote a moving personal account of the court sesstion that vindicated anti-facist campaigners in Poland:
It was 11 November 2017 at the Independence Day march in Warsaw. For some years now this annual event, organised to mark Poland’s independence, had been tainted by the presence of some nationalist groups advocating “Europe will be white or deserted,” displaying racist and fascist symbols, while marching holding flares and throwing firecrackers on the streets of Warsaw. In 2017, these women decided it was time to act. As they unfurled a banner reading “Fascism Stop,” their peaceful protest against hate caused fury among the marchers. Video footage shows people reacting by kicking, spitting and screaming at them. They were called “sluts,” “lefty scoundrels” and “whores.” They were pushed, jostled, grabbed by the neck and dragged onto the pavement, suffering bruises and cuts. One of the women lost consciousness after being dropped on the ground and needed medical help. The authorities initially closed the investigation into the attacks with an absurd justification. But after the women appealed in February 2019, a judge ordered the investigation into the violence to be re-opened. However, adding insult to injury, the women were themselves charged with obstructing a lawful assembly and fined. And so their battle for justice began…..
The women being attacked at the Independence Day march in 2017.Tomasz Stepien
One by one the women stood up, said their full names and stated proudly that they wanted to be found ‘not guilty.’ Kinga, the last of them to speak, explained bluntly and movingly what compelled her to stand against hate on that night: ‘My grandfather was wounded in the battle of ’39. My mother went to the Uprising. My stepfather was in the home army in Kielce. My grandmother worked in a hospital. They are now dead and I am happy because I would not like them to see what is happening today.’
As the judgement was announced, suddenly I heard relieved sighs around the room. I turn to my colleague asking “what did he say?” and she confirmed: “They are not guilty! They are not guilty!” The judge upheld their rights to freedom of expression and freedom of assembly and, significantly, he told the women, “You were right.” As he finished, the room burst into a round of applause in celebration.
This case started with injustice but has finished with justice, and a message that fascism and hatred will not be tolerated in Poland.
Hans Thoolen on Human Rights Defenders and their awards 