Louis Joinet (born in Nevers onHe was a French magistrate, independent expert to the United Nations Human Rights Committee and very active in the NGO human rights world in particular with regard to the dictatorships in Latin America (he was named illustrious citizen of Montevideo).
He co-founded the Union of the Judiciary (Syndicat de la magistrature) in 1968. At the beginning of his career, he was interested in the early stages of computer sciences in order to evaluate the impact of these technologies on the law. He represented France in the Council of Europe. His report will gave birth to the Data Protection Act. He then participated actively in the drafting of the law relating to computers, files and freedoms of 6 January 1978. He was an adviser on human rights to the succesive Prime Ministers of François Mitterrand between 1981 and 1993.
In the UN context he was the author, in 1997, of the principles against impunity of the Office of the United Nations High Commissioner for Human Rights , also known as the “Joinet Principles” , which are part of the principles of transitional justice. .
He published his memoirs in 2013 (Mes raisons d’État : mémoires d’un épris de justice, Éditions La Découverte). One of the characters of the French television series Sanctuaire , broadcast in 2015, which addresses in particular the role of France in the attempt to negotiate, in the mid-1980s between ETA and Spain, is inspired by Louis Joinet (“Avec “Sanctuaire” j’ai voulu faire un film sur une gauche qui se perd” [archive], teleobs.nouvelobs.com, 2 mars 2015).
His wife Germaine Joinet, doctor and activist in various associations, died in 2008.
Ciné-ONU and the Goethe Institute screened “Un certain monsieur Joinet” (52 mn) on 24 October 2012 at the Goethe Institute in Brussels. According to Amnesty International, “the documentary gives an insight into the fifty years of struggle by Louis Joinet for human rights, from the war in Algeria to Pinochet’s Chile, from enforced disappearances to the fight against impunity”. Language: French with English subtitles. Directed by: Frantz Vaillant. Only the trailer is on the internet and information on how to get hold of the full film is missing.
Activist Okiya Omtatah at Milimani Law Courts on September 14, 2018. PHOTO | FILE | NATION MEDIA GROUP
The religiously-motivated human rights defender answers questions from the audience and concludes – inter alia – that:
Humanity cannot rule itself and prosper except by the laws anchored on promoting the rights and fundamental freedoms of all people.
Even though we can’t cap the amounts of money candidates spend on campaigns, the amounts and their sources must be disclosed to law enforcement.
Here the text in full:
1. The many petitions you have presented in court on behalf of Kenyans and the fact that you have succeeded in many of them points to a void in our public life as ordinary citizens created by the government through its many agencies. Sir, who is sleeping on the job that has prompted you to step in? How can we hold these public servants or institutions responsible as taxpayers for sustainable quality service delivery? Komen Moris, Eldoret
My activism is anchored on the Constitution of Kenya, 2010. My overriding objective is to the immense power of the Constitution to have the Judiciary entrench constitutionalism and the rule of law in the conduct of public affairs.
Hence, all the petitions I have filed concern public law, and they fall in three broad categories: motions challenging decisions of law-making institutions where I contest the constitutionality of statutes by Parliament or by county assemblies, and both the constitutionality and legality of subsidiary legislation; motions contesting the constitutional and legal validity of policy decisions and other administrative actions of the executive at both national and county levels, and motions seeking to protect public property from thieving public officials and private individuals.
From my experience, the struggle is against contemptuous disregard of the constitutionally prescribed limits and powers of government, and affirmation that Kenyans are not subjects but sovereign citizens with their rights and fundamental freedoms enshrined in the Bill of Rights. From the above, it follows that the solution to our problems is to uphold the Constitution. However, it is clear our political leadership has failed in its duty to whip us as a nation into fully implementing the Constitution so as to realise its great promise.
2. Not long ago you called on Kenyans to contribute towards instituting a suit against all the MPs over house allowances they had awarded themselves. How did this initiative go and how much were you able to raise? Githuku Mungai
The initiative was not for instituting the case but to pay for the costs of serving the petition on the MPs through full page adverts published in the Daily Nation and Standard newspapers as ordered by the High Court. I required at least a million shillings but only raised some Sh130,000.
3. Over the course of your public life, you have largely been plastered with two labels: a defender of public interest by many and a rebel to a few. This can be attributed to the many cases you have argued out in the corridors of justice, among them bank capping rates, judges retirement age, most recently the CBA-NIC tax waiver. These cases largely touch on the crucial interests of the ordinary citizen. I can’t help but ask, what is the philosophy behind what you do? Do you feel intimidated or shaken by the weight of cases you take on considering the fact that in many cases you take them on your own? Kagwera Raphael, Kisii
The philosophy behind what I do is the Gospel of Christ, who preached about God’s love and divine mercy, and continues to reveal that the Kingdom of God is among us and therefore we must do right. At creation time, God gave Adam and Eve the power over all that he had created, but He did not give them the power over themselves; He gave them the law.
And when they broke that law they lost the Garden of Eden. Hence, the rule of men is doomed since it is anathema to the will of God. Only the rule of law works. Hence, humanity cannot rule itself and prosper except by the laws anchored on promoting the rights and fundamental freedoms of all people – and that includes obeying the Constitution of Kenya, which largely mirrors the Gospel of Christ. I don’t feel threatened or intimidated by the cases I take on since I take them up as part of my apostolate. And for as long as God wants to use me to call upon all Kenyans to obey the law, I will be available to do so.
4. Having had a peaceful, respectful, issue-based and effective campaign for the Busia senatorial race during the 2017 elections, one which didn’t turn out as most of us had expected, what is your objective opinion on Kenyan politics and campaigns? Kagwera Raphael, Kisii
My Busia senatorial race was a very rewarding experience for me. Though I vied on a Ford-Kenya ticket in an ODM stronghold and, literally, I had no money to match what the incumbent unleashed, I chose the route of civic and political education to agitate for resource-based leadership and it worked very well. It was a neck and neck race where I got more than 100,000 votes, and the difference between me and the Senator wasn’t much. But even though we can’t cap the amounts of money candidates spend on campaigns, the amounts and their sources must be disclosed to law enforcement. That way, it will at least reduce the distortion illicit money has on the democratic process, especially on poverty-stricken populations scavenging for basics. We must also eradicate mass poverty at the grassroots.
5. Your nature of work in the areas of human rights demands that you really need a good and reliable sponsorship so to speak, or stable source of income from where you can get resources to mount the kind of legal challenges you undertake. What is the source of your income? What is your reaction to allegations that you are often paid to institute the cases you do? Francis Njuguna, Kibichoi
First of all I don’t need a lot of money because I don’t hire lawyers to research, draft and prosecute my cases. I do so myself. Second, I lead a very simple lifestyle which is basically a source of income through the savings I make. I have seen people who earn much more than I do lead very miserable lives due to reckless lifestyles. As for allegations, they are just that. It is human nature to speculate where you have no facts. And it is written in the Holy Book that John the Baptist ate not and he was called a madman; Christ ate and drunk and He was called a glutton.
6. Our history is full of examples of good human rights activists including yourself, Kepta Ombati, Cyprian Nyamwamu, Boniface Mwangi, among others who tried to unsuccessfully run for political office. No doubt, political office is an expansion of activism and movement work. What should good activists do to win elections and continue their good work as politicians? Raphael Obonyo, Nairobi
They should not give up and I don’t think they have. The society is changing and, soon, we will have issue-based politics and one’s ethnicity or capacity to give handouts will not be trump cards at elections. While still at it, I point out that Prof Kivutha Kibwana, the Makueni Governor who has performed exceptionally well, was and is an activist who was elected into office and has delivered on his convictions.
7. There is a popular joke in Kenya about the Judiciary: ‘Why hire a lawyer when you can buy a judge?’ Former Chief Justice Dr Willy Mutunga began ambitious efforts to transform Kenya’s courts and earn back the people’s trust. What is your assessment of the transformation at the Judiciary given that you frequently interact with them? Raphael Obonyo, Nairobi
The joke is just a joke. Whereas one or two judges may not be up to scratch, most judges and other judicial officers are very hard working individuals who deliver for Kenyans in very difficult situations. The Kenyan Judiciary is the only arm of government that retains and espouses Kenya’s republican character. We cannot compare the Judiciary to the Executive and the Legislature, at both national and county levels, which are totally captive to ethnicity and corruption
8. Due to the nature of your work, sometimes you challenge decisions of the powerful and mighty. Don’t you ever fear for your life when making such challenges? Have you ever received threats to have you drop the matter you are pursuing? Emmanuel Lesikito
Though I take precaution, I know that there are no human beings who are mighty and powerful. Only God is mighty and powerful. So I have no fear of any man and their threats, since God is my shield. No man can destroy my soul.
9. Of all the advocacy and litigation cases that you have undertaken in the interest of the public good, explain the one case that posed the greatest challenge and possibly a danger to your life. Nyongesa Chris Makhanu, Nairobi
A 2012 petition where I challenged the flawed procurement of the BVR kits which failed to work on Election Day. I was offered a bribe of Sh9 million to drop the case but I refused. I then applied to court for police protection but Justice Majanja dismissed my application. Two days later I was attacked by two men who hit my head with metal bars and left me for dead. As they were clobbering me, I could hear them say something to the effect that “Ulikataa pesa sasa utakufa na kesi yako pia itakufa” (You refused our offer; we are going to kill you and your case is going to collapse). But God saved me.
10. Do you really always read Kenyan’s mood before you move to court? I am referring to the case on the new currency, which by and large has been welcomed by a majority of Kenyans. Bernard Nyang’ondi, Mombasa
No, I am driven by fidelity to the law and the public interest.
11. Thank you for fighting for the common person. My question is: Fresh job seekers are required to produce a Certificate of Good Conduct and clearance certificate from Ethics and Anti-corruption Commission, among others. These requirements make me wonder, do jobseekers have to pay for not committing crime? Do they have to pay for not being corrupt? Why have you never gone to court to challenge these primitive requirements? Evans Muteti, Mombasa
Justice Odunga declared those requirements to be unconstitutional in the case that was filed by Justice GBM Kariuki. I also filed another case on the same — but it is pending at the High Court — to allow the Supreme Court to determine whether it will allow the High Court to proceed or it will hear an advisory reference on the same issue that was filed by the Kenya National Commission on Human Rights (KNCHR).
12 Sir, you are known to be one of the most relentless and leading human rights defenders in Kenya. You are no guest in our courts and all these court cases require resources. What motivates you? Geoffrey Oyoo, Embakasi East
The Holy Scripture, especially the teachings on the salt and light of the world; the Good Samaritan, and the call to be witnesses of Christ.
13. Recently, a young woman died at KNH after she developed maternal complications due to negligence by staff on duty. Of course many other preventable deaths occur in public hospitals due to negligence. Don’t you think it is more worthwhile to fight for the rights of such helpless victims as opposed to, say, pursuing elitist court cases like the one on new currency notes? Stephen Kathurima, Nairobi
There are no elites under the law. All are equal. Secondly, I believe in draining the swamp not waiting to kill every snake and mosquito that escapes from the swamp. The mess in our hospitals and other institutions is a rule of law problem. Let’s drain the swamp by implementing the Constitution and upholding the rule of law.
On 7 August 2019 DefendDefenders’ blog annouinced that Gladys Mmari, Tanzania, was chosen as Human Rights Defender of the Month July 2019:
Gladys Mmariis a driven Tanzanian human rights defender (HRD), and the founder of MAFGE (Male Advocacy For Gender Equality) – a non-governmental organisation (NGO) focused on women empowerment through educating both women and men. “So much of the work that I do is cultural conversation. We have grown up talking about these issues among women, but now, I have to work with men as well – making it more challenging,” Mmari stresses. She fosters the idea that male voices should be heard, and educated, in women’s rights, and that it is important to establish an equitable understanding between the genders, while breaking down gender stereotypes. “We need to stop romanticising the idea of women empowerment, and co-empower one another to achieve the goals of an equal world,” Mmari affirms.
After obtaining a law degree, she worked as a human rights researcher in Tanzania, with a focus on the African Court on Human and Peoples’ Rights and indigenous rights. Then, she worked for AfricAid, an NGO specialised in cultivating leadership in young women and girls. She recalls a young boy who, following one of her sessions, asked her why he could not participate in the dialogues. He also wanted to boost women and girls’ rights. “It was a turning point for me,” Mmari says. “The time has come to work together and empower each other to revisit the many socio-cultural constraints that have stopped us from equality.” Her organisation MAFGE was hereby born.
She pinpoints numerous challenges faced in her work. “It is challenging to mobilise men to join, to ensure impact to women empowerment.” Furthermore, “most organisations that deal with women empowerment want to fund women organisations. And they do not want to see men in women organisations.”
She also points out the political situation in Tanzania as a great hurdle. Political rallies in the state deviate and misconceive the importance of HRDs, putting them at risk. As she expresses a sincere concern for Tanzanian HRDs, she mentions that the government is currently registering all NGOs under a single entity. “Here there is potential importance of this initiative, as this could be used for something productive such as acting as a more centralised human rights platform allowing more structured approaches, information passage, and funding opportunities. It is a step forward, unless it is a political interest”.
Gladys will continue to fight for women’s rights. “Women are born into unequal societies, and their achievements are unacknowledged and their potential left untapped [..] I can imagine my children and grandchildren living in a world with equal rights, and that they’ll get the opportunities and securities that I missed as a woman. That’s what keeps me going.”
Through MAFGE, she is also running a crowdfunding campaign, to strengthen gender equality in Tanzania.
On 1August 2019Katie Burton of Geographical in the UK published an inteview with Guadaloupe Marengo (aka “Guada”), head of the Human Rights Defenders Team at Amnesty International:
..A 2017 Amnesty International report submitted to the UN points to the use of smear campaigns to delegitimise human rights defenders and undermine their work. In particular the report notes the stigmatisation of individuals and communities in Guatemala, Honduras, Peru and Paraguay who are fighting to protect their access to water and land, stating that ‘their work is delegitimised through public statements and false rumours’ and that they ‘face unfair and unfounded criminal proceedings’. In response to this issue, Amnesty International set up its Human Rights Defenders team, which works globally to highlight violence against HRDs and campaign for their rights. Geographical caught up with the head of the team, Guadeloupe Marengo, following a screening of Aruanas, a new drama focusing on environmental defenders in the Amazon. [for Aruanas see: https://humanrightsdefenders.blog/2019/07/17/aruanas-human-rights-defenders-in-fiction-series-playing-in-amazon/]. Aruanas is now available at aruanas.tv on vimeo
Aruanas has helped raise public awareness of the dangers faced by those working in human rights
How did you come to lead the Human Rights Defenders team at Amnesty?
I’m Mexican and I’ve been in Britain now for about 24 years. I previously worked with women ex-prisoners here in this country, and then I moved to Amnesty to work mainly on Latin America. For many years I worked researching race-relations and running campaigns on human rights violations. Then, in 2016, I became head of the global Human Rights Defenders programme.
Why did Amnesty deem it necessary to set up the HRD team?
Human rights defenders work at the forefront, so they are the ones that get attacked. Here we are, 20 years on from the UN Declaration, and statistics on how many human rights defenders have been killed, from many human rights organisations, are at least one every other day. So there’s still a lot to do.
Where are the biggest risk areas?
The HRDs who are the most marginalised are those working on sexual and reproductive rights, those working on the climate crisis and those working on Indigenous people’s rights, land rights, and migration in Europe. These are the topics of the moment and because there is an intersectional type of discrimination, depending on where you are, they are even more at risk. In particular, the world is getting far more aware of climate issues, so those in power are actually attacking human rights defenders more. I think we’re at a tipping point, the world is suddenly realising that actually, we need to do something about this. I’m hoping that series such as Aruanas are going to help win more hearts and minds. The fact is Amnesty can’t make a series like that because it’s too expensive. So it’s good that those with the money are trying to contribute positively to humanity.
Who are the perpetrators of this kind of violence?
A combination of businesses with a vested interests and also governments, which should be the ones sending a very clear signal that intimidation of human rights defenders isn’t going to be tolerated. It’s is the mix of those in power – state and non-state actors.
How does Amnesty work to protect HRDs?
What we do is show the world what’s going on. We then approach government and businesses, either lobbying through letters, or through conversations with them, or at the UN. Through our international offices we interview rights workers, we interview victims, we go to the places, we double check the information and then we publish reports.
Are there any HRD cases that stand out to you in particular?
The issue in the UK of the Stansted 15 stands out to me – how the UK accused 15 people who stopped a plane that was going to deport LGBT+ people. One, for example, was going to be deported to Nigeria – she was a lesbian, her ex-partner was waiting and was going to kill her. The UK accused the 15 of terrorism-related offences for stopping the plane. I couldn’t believe the UK was doing that. Some of the 15 were given community service. Two were given suspended sentences and they are appealing that because even though they didn’t go to prison, the charges stand.
What are your goals for the time you are head of the HRD team?
One thing I would like to do is work more in coalition with other charities, to open up to others and ensure that we’re all working together towards campaigning instead of in silos. We have more in common than we don’t. If we all work together on these issues, I think we will have more impact.
The Committee to Protect Journalists on 16 July gave one of its International Press Freedom Awards 2019 to Neha Dixit, an Indian freelance reporter, who has covered politics, gender, and social justice in print, TV, and online media for more than a decade. [see: https://humanrightsdefenders.blog/2019/07/17/international-press-freedom-awards-2019/]
She began her career at Tehelka magazine and then joined the special investigation team at India Today. In 2019, Dixit spent months investigating and reporting stories that shed a light on important issues in the country, including extrajudicial killings by police. She also reported on the illegal detention of citizens under draconian laws that appeared to be motivated by political interests. In January 2019, the Office of the United Nations High Commissioner for Human Rights sent a notice to the Indian government to express its concern about the detentions. In 2018, Dixit reported on the damage to the health of poor Indians who were being used as guinea pigs by pharmaceutical companies in illegal drug trials.
In 2016, she wrote a story for Outlook magazine that accused members of a right-wing nationalist group of trafficking more than 31 girls in Assam state to other parts of India in order to inculcate them with a nationalist ideology. After the story was published, members of the ruling party filed a criminal defamation suit against Dixit and Outlook, accusing both of violating Indian law. CPJ condemned the case, which continues today, and provided Dixit with support for its legal fees. CPJ’s research has found that section 153A of India’s colonial-era penal code, under which the suit was filed, has been used to silence journalists, writers, and academics in India. Dixit was also charged with “inciting communal hatred through writing,” for which she could face a five-year prison term.
After Dixit’s exposé on extrajudicial killings by the police, she said high-ranking police officials threatened her family’s safety if she continued to report on the issue. She is frequently harassed online as a result of her reporting, especially from alleged right-wing extremists. She has been threatened with physical attacks, rape, and death, and her personal information has been exposed online. She told CPJ in May 2019 that she faces up to 300 abusive messages a day.
Dixit’s work has been published in international outlets including The New York Times, Al-Jazeera, Caravan, and The Wire. She has received numerous awards, including the European Commission’s Lorenzo Natali Media Prize in 2011, the Kurt Schork Award in International Journalism in 2014, and the 2016 Chameli Devi Jain Award for Outstanding Woman Journalist.
ISHR had the chance to meet with Cédric Herrou for the Geneva premiere of movie ‘Libre’ where director Michel Toesca follows him in his endeavours in France‘s Roya Valley. During our interview, Herrou, a migrant rights defender and president of association ‘Défends Ta Citoyenneté’, shared his testimony, challenges, aspirations and calls to action. The interview was published on 22 March 2019.
visiting Geneva to address the UN about issues faced by Dalit Women.
Abirami Jotheeswaran is a human rights defender and the National Program Coordinator of the National Campaign on Dalit Human Rights NCDHR. Most recently, she was part of a fact-finding team in Mirchpur to investigate a case of caste-based violence. Anagha Smrithi interviewed her for Feminism in India (FII) of 1 July 2019:
Anagha Smrithi: Can you describe your journey towards becoming the National Program Coordinator of the NCDHR?
Abirami Jotheeswaran: Residing in Chennai, I experienced many forms of caste-discrimination throughout my lifetime. A striking incident was during my graduation, when a classmate asked me what caste I belonged to in front of all my other classmates. The question was irrelevant, more so because she was aware of my social background as she knew my family. I felt insulted in front of my classmates and realised that caste certainly exists in urban cities like Chennai. After my Masters in Computer Science, I got married and settled in Delhi. A few years later, I got the opportunity to sit for an interview with the NCDHR. Even though I didn’t have a social work or human rights background, as someone who witnessed caste discrimination during my college days, I excelled in the group discussion and interview about caste-based discrimination. NCDHR changed me as a Dalit Human Rights Defender. When I joined as a Monitoring Associate in 2005, the work was new to me and I learnt everything through trial and error. I had to work hard to improve my Hindi to be able to coordinate with the State Coordinators of Northern states. I also equipped myself with legal knowledge of various legislatures surrounding the question of Dalit human rights. I used to work more than 10 hours a day, sometimes even carrying home documents to meet my deadlines. At the same time, I was also a mother. But I persisted at work so that I could be on par with my colleagues, most of whom were men. The 14 years I have been associated with the NCDHR has deepened my understanding of caste, violence, human rights and Dalit perspectives and ideologies. Today I am the National Program Coordinator and my primary responsibilities are to keep track of human rights violations, torture and ill-treatment of Dalits, and to provide legal assistance to the victims and survivors of caste atrocities across 12 States in India.
As a National Program Coordinator, I have participated in conferences and consultations at the State, National and International level to highlight Dalit human right violations in India, and to hold the state accountable. ..My 14 years with NCDHR has taught me the importance of struggling for justice in the courtroom. Because of this, I decided to pursue my higher studies in law. Most importantly, my association with NCDHR built my Dalit ideology and my strength as a leader to deepen the struggle against the caste system.
Anagha Smrithi: You were part of a fact-finding team about caste atrocities in Haryana. How did you obtain facts when the information was hidden/ fudged by the police and administration?
Abirami Jotheeswaran: On 24 April 2010, the National Dalit Movement for Justice (NDMJ) of National Campaign on Dalit Human Rights (NCDHR) and Anhad facilitated a national fact-finding visit to Mirchpur in Haryana’s Hisar district, where a dominant-caste mob had attacked Dalits in the village. The team consisted of a diverse group of people of journalists, activists, publishers and human rights defenders, including myself. The NDMJ Haryana state team visited the site of violence the day after the incident took place. They identified active victims, witnesses and built trust and a relationship with them. During our fact-finding process, we held detailed interviews with the victims—this was crucial in obtaining information that the police otherwise would not reveal. Through the interviews we gained information about the social background of the victims, the occurrence of previous atrocities in the same village and the events leading up to the incident. We discovered how the mob had planned to commit the offence, which differed from the police claim that it was a spontaneous conflict. We surveyed the loss of property and investigated the collusion of the police, administration and the Khap panchayat in committing the crime and obstructing justice.
Anagha Smrithi:Was any action taken after the fact-finding report?
Abirami Jotheeswaran: Soon after the fact-finding report, the NDMJ conducted a press conference to give visibility to the caste and build pressure on the government. We demanded appropriate sections of the SC & ST act be invoked for the immediate arrest of all those involved in the violence, along with resettling the affected Dalits in a secure place. We strove to register cases against the police and administration for the negligence of official duty, and demanded employment to all the members of the affected families, as well as a proper estimation of the damage inflicted upon the families. At the state level, we participated in protests, approached the Human Rights Law Network for legal interventions and took up advocacy with the Minister of Social Justice and other state authorities to ensure immediate arrest, complete investigation, the submission of a charge sheet, relief and rehabilitation for the affected and protection for the involved witnesses. As of today, we are still consistently engaging with the legal system and following up with the victims to achieve justice.
…… Anagha Smrithi:Even in cases of cruel atrocities & oppression, there is often still resistance and assertion from the community. What sort of resistance did you observe during your fact-finding process?
Abirami Jotheeswaran: Before the incident, violence had taken place against Dalits, but no proper action was taken by the police administration. But when this carnage happened, the Dalit community lost 2 lives and immeasurable damage to the property and possessions. Despite the losses, they unanimously decided to fight for justice and not tolerate any more violence by the dominant caste. They left their houses in Mirchpur and moved towards Mini Secretariat, demanding for justice. Their journey took them to Delhi, and finally to a farmhouse in Tanwar, protesting for justice, security, rehabilitation and jobs all the way. The State Government, faced with renewed pressure finally took action against the accused and the negligent administration. Though the victims continue to live away from their homes, in difficult conditions, the spirit of resistance is still alive.
On 24 May 2019 Open Democracy published another long piece on an inspiring human rights defender – in cooperation with the Fund for Global Human Rights. In “How international solidarity saved an activist’s life in Burundi” Antoine Kaburahe describes the story of Pierre-Claver Mbonimpa, the laureate of the Martin Ennals Award 2007. [http://www.martinennalsaward.org/hrd/pierre-claver-mbonimpa-2/]. The author was personally involved in the case and the piece is a good example of how international solidairy can save lives.
Pierre-Claver Mbonimpa visiting minors detained in prison
..Pierre-Claver Mbonimpa was the founder of a human rights organisation, APRODH, in his home country of Burundi, and it had worrying information: the ruling party was secretly distributing weapons to its youth wing. APRODH had also investigated the military training of young Burundians across the border in the Democratic Republic of the Congo, where Burundians had been involved in a long-running conflict – without unofficial support from their government. In 2014 Mbonimpa had been imprisoned by the Burundian authorities, which accused him of “smearing the government and lying”. Thanks to an international mobilisation, including a call from Barack Obama, then US president, he had been released on parole, but the regime kept an eye on him…..Pierre-Claver Mbonimpa was used to threats. But that day, the killers meant them. It was in the evening that the news dropped. Pierre-Claver had been shot. Word spread rapidly: ‘Mutama’, the ‘old man’, as he is affectionately called, is well-known and respected for his commitment to human rights in Burundi…
Pierre-Claver Mbonimpa remembers well what had happened. He had been in his car with his driver. “I saw behind us a motorcycle that was riding at a breakneck speed. The bike got to us at a fast pace. The man shot four bullets. The shooting was almost close-range. A bullet hit me on the neck and blood spurted.” Bleeding heavily, he was rushed to hospital in a critical condition. I went there to see what was happening: at the time I was still a journalist in Burundi before being myself forced into exile. The crowd was already at Bujumbura Central Polyclinic.
“Security guards sent by various embassies came to ensure my safety at the Polyclinic, because there was a rumour that I was going to be killed in my hospital bed,” says Pierre-Claver. “All the embassies worked in synergy for my evacuation. “Despite my weakness, my pain, I would like to say that I saw a great surge of solidarity at that moment,” says Pierre-Claver. “In my room I saw distinguished individuals such as diplomats of the African Union, those of the European Union and ambassadors.”
It was clear to his supporters that Pierre-Claver needed to leave the country immediately. Currently in Belgium as a refugee, [his daughter] Zygène Mbonimpa remembers with overwhelming emotion the support of The Fund for Global Human Rights: “Doctors quickly noticed that Mutama had been seriously affected. He needed care he could not find in Burundi. And then, we were afraid he would be finished off on his hospital bed. I wrote to Tony Tate [programme officer at the Fund] and his reaction was quick. He agreed to pay for flight tickets, and the organisation also contributed to the payment of hospitalisation costs in Burundi.”
Tate confirms Zygène’s account... I immediately sought approval from my directors and board members to make an emergency grant,” he says. “We were able to wire the money to APRODH’s account within 24 hours. After the money arrived, it became clear that Pierre-Claver would receive other money and assistance from other funders as well. The money The Fund provided was combined with others to pay for the travel costs of one of his family members to accompany him to Brussels.”
That financial support was critical. The Belgian embassy had agreed to give Pierre-Claver a visa, but the family had to find air fares in a very short time. “Without this support, we would have had a big problem to raise this money while Dad’s life was in a very critical condition,” says Zygène. Tate says he was pleased that the Fund was able to respond to the incident and ensure the safety of one of its long-time partners: “My hope was that the family would see that as an organisation, we stand by our grantees in good times and in bad,” he says. “As a human rights funder, we have an ethical responsibility to provide emergency funding when activists we support are in danger. Human rights work is inherently risky and those who support it must stand ready to respond quickly when defenders are in need.”
In Brussels, Pierre-Claver was quickly operated on. Doctors first fastened a metal frame on his head to hold his skull together. He spent 121 days in hospital, fed by serum and then a kind of porridge, as he could not open his mouth or chew food. He sat in an armchair, unable to lie down, and his weight went down from 82 kg to 54 kg. But his ordeal did not stop there. As they had missed him, those who wanted to kill him went after his family. First, his son-in-law, Pascal Nshirimana, was killed, and while he was still in the hospital, his son Weli, 24, was also killed. [see e.g.: https://humanrightsdefenders.blog/2015/11/12/mea-laureate-mbonimpa-has-message-of-hope-at-his-sons-funeral/]
Through all this, the now seventy-year-old activist has remained a man guided by peace and justice. We have never heard him speak of revenge…
Always on the phone, Pierre-Claver continues to encourage teams on the ground. He also travels very often in the sub-region. “It is important that the international community continues to support independent human rights organisations in Burundi,” he says, “because with the closure of UN organisations and the ban on international media including the BBC, there is a risk that human rights violations will be committed behind closed doors. Organisations such as APRODH still have focal points. But they need means to work.”
Pierre-Claver remains modest and accessible despite two honorary doctorates by major Belgian universities and several international awards. [see: https://humanrightsdefenders.blog/2017/10/17/mbonimpa-wins-also-the-2017-civil-courage-prize/]. Asked what he thinks of those who tried to kill him, he simply answers: “I forgave those who shot me and those who killed my son and my son-in-law. But I want justice. If the assassins were arrested, I would be happy to see justice doing its job. For my part, I will not ask for any compensation. What would they give me for the death of my child and my son-in-law?”
ISHR published on 25 Octpber 2018 this interview with Namibian women’s rights defender Linda RM Baumann. “We carry out the universal responsibility to insure that all people are protected” affirms Linda RM Baumann in her interview with ISHR. Linda is strategic coordinator for Namibia’s Diverse Women Association (NDWA) and she advocates for LBT’s women rights.
REBECCA ELLIS published a profile of Marini de Livera under the title “She’s A Lawyer … A Thespian … And Now A State Department ‘Woman Of Courage‘”
Marini de Livera’s plays are not for the faint of heart. In her home country of Sri Lanka, the pro bono lawyer has found that crimes against women and children often take place behind closed doors — in homes, orphanages and schools. With her traveling theater group, de Livera seeks to shed light on the human rights abuses in her country by putting the violence on stage, front and center. “There are beautiful laws in the law books,” she says. “But when I went out to the slums, to the rural areas, to conflict-ridden areas, I found what is in the law books is not a practical reality.”
De Livera has served as the chairperson of Sri Lanka’s child welfare agency, the National Child Protection Authority, and now runs Sisters at Law, an advocacy group for impoverished women and children. She spoke with NPR about her creative approach to addressing human rights in her country, and why she’s focusing on using her theater training to better the situation of children in Sri Lanka’s orphanages.
What are some of the legal issues that women and children in Sri Lanka need help with?
Women and children are denied justice if they’re uneducated, and if they live in rural areas. They don’t enjoy the same basket of human rights that privileged people have because they don’t have access to lawyers.
What needs to happen to accomplish that?
There has to be legal literacy. These women and children have to know what the laws in the country are and what their human rights are. If they are educated about their rights, they can go to court and demand them.
You’ve often used theater to promote this legal literacy in Sri Lanka. Can you give me an example of how this works?
One of my favorite plays I put on was about corporal punishment. I went to a Catholic school where a priest was hitting boys every day. I explained to the school that there are different forms of violence – cultural violence, psychological violence, physical violence. Then I asked the boys to make a play about their experiences with violence. And one of the boys reenacted what the priest had done to him. [It helped] these boys find an outlet to say, “We don’t want to kneel down when we come late to school. We don’t want to be beaten by a cane.”
How did you come to see theater as a way to educate the public on their legal rights?
I had been a lecturer in law [in Sri Lanka], and one of the things I had to teach was U.K. law principles. And the students were bored to death. So I said, these are the books, you read, then you tell me what the rule of law and separation of powers are through a performance. I realized if I could use this in the classroom, why not in the village to simplify the law?
What is your theater group working on now?
I’m working on a street theater [program] to create awareness for parents [and encourage them] not to send their children to orphanages. I’m going to show that family is the place for the child. In Sri Lanka, we have a lot of “social orphans” where they have both parents, but the children are suffering in orphanages.
Past reports have found that over 80 percent of the 20,000 children in Sri Lanka’s child-care institutions, including orphanages, have at least one parent. These parents are often unable to provide for their children or the child has a disability and requires extra care. And sometimes the children are sent to such an institution because of a criminal offense.
Orphanages should be the last resort. So I’m promoting alternative care. Some of the mothers are capable of looking after their children, but they’ve handed over their child to an overcrowded orphanage. I’m thinking of giving parenting skills training to these mothers and economically empowering them, finding them a nice home and settling the children with them.
You mentioned earlier that this prize is the first time in your life you felt appreciated for “walking in the opposite direction” from others in the law profession. Do you have hopes other attorneys will follow in your path?
I’m very unhappy to say each time I go to court people come up to me like a swarm of flies and say, “We don’t have a lawyer to appear on behalf of us.” I want to take all the country’s young attorneys and train them to be another Marini – to clone myself. Because I have to hand this on to the younger generation.
Louis Joinet (born in Nevers on He was a French magistrate, independent expert to the United Nations Human Rights Committee and very active in the NGO human rights world in particular with regard to the dictatorships in Latin America (he was named illustrious citizen of Montevideo). 
Hans Thoolen on Human Rights Defenders and their awards 