Posts Tagged ‘reprisals’

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Amnesty International’s Annual Report 2015 is out and makes sober reading

February 24, 2016

The Amnesty International Report 2015/16 documents the state of human rights in 160 countries and territories during 2015.

This year it expresses doubt as to the question whether the UN is still ‘fit of purpose‘.Amnesty-Internationa

The 2015/16 report also specifically refers to human rights defenders by saying that it also “celebrates those who stand up for human rights across the world, often in difficult and dangerous circumstances“. Salil Shetty , the Secretary General says: “The signs of hope that we saw in 2015 were the result of the ongoing advocacy, organizing, dissent and activism of civil society, social movements and human rights defenders. These outcomes were not borne of the benevolence of states. Governments must allow the space and freedom for human rights defenders and activists to carry out their essential work”

The report gives three examples from the past year:

  • the presence of human rights and accountability elements in the UN Sustainable Development Goals;
  • action in May to prevent forced evictions on the Regional Mombasa Port Access Road project in Kenya; and
  • the release of Filep Karma, a Papuan prisoner of conscience, as a result of 65,000 messages written on his behalf by supporters from around the world.

Amnesty International calls upon states to ensure that the resolution adopted in November by the UN General Assembly to protect the rights of human rights defenders is implemented, including the naming and shaming of states that fail to uphold these rights.

[see also my post: https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/]

Source: Amnesty International Annual Report 2015/2016 | Amnesty International

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Human Rights Defenders – among the top 10 issues for Business and Human Rights in 2016

December 20, 2015

The Institute for Human Rights and Business has published: Human Rights Defenders and Business – Searching for Common Ground. This is the fourth in a series of Occasional Papers by IHRB to provide independent analysis and policy recommendations about timely subjects on the business and human rights agenda. In this instance, this paper is co-published with Civil Rights Defendersand Front Line Defenders, both organisations with practical research, campaigning, and advocacy experience of the issues raised in the paper.

As cases in this Paper show, journalists exposing corruption, Internet activists demanding accountability, and community activists campaigning for land rights have all faced pressure.

More than sixty governments have passed laws in the last three years to place restraints on the ability of human rights defenders to hold their governments to account. Among those targeted are individuals and organisations who challenge economic policies or business conduct. Human rights defenders’ activities are being criminalised and they face surveillance, intimidation, lawsuits, arrests, and torture – in some cases, even death.

Companies are engaging with civil society, but mutual suspicions remain. Companies share common goals with human rights defenders – accountability, transparency, the rule of law, and due process. Companies should build on these common interests and engage human rights defenders, and where possible, speak out in their defense. To download:

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Occasional Paper: Human Rights Defenders and Business – Searching for Common Ground
The same institution – to mark International Human Rights Day 2015 – published the seventh annual list of the Top 10 Business & Human Rights Issues for the 2016 (these issues are not ranked in order of importance). The one specific on human rights defenders reads:
Defending Defenders: A Role for Business in Championing Civil Society
Defending Defenders: A Role for Business in Championing Civil Society

More than sixty governments have passed laws in the past three years to place restraints on the ability of human rights defenders to hold their governments to account for actions that undermine respect for international standards. Among those targeted are individuals and organisations who champion alternate economic paradigms or challenge government policies or business conduct. Some have faced intimidation, surveillance, lawsuits, arrests, and torture.

Twenty years ago, after a trial that failed to meet international standards, the Nigerian Government executed Ken Saro-Wiwa and eight other Ogoni leaders who opposed the activities of Shell in the Niger Delta. The case sparked global awareness of business’ human rights responsibilities beyond the factory walls, leading to the development of standards, advocacy, initiatives, codes of conducts, and eventually a comprehensive UN framework and principles for business and human rights.

Despite some progress over the past two decades, suppression of activists too often continues. The UN has passed a resolution recognising the legitimate role of peaceful activists who call out abusive behaviours, including business actions that undermine respect for human rights. Yet a growing number of governments are also passing new laws to restrain civil society activities.

Human rights defenders are like canaries in a mine. When they campaign against abuses, they highlight society’s fundamental problems, such as lack of accountability, transparency, or the rule of law. Courts have jailed journalists exposing corruption, governments have tried Internet activists, authorities have prevented activists from travelling abroad, and states have cracked down on funding sources of non-governmental organisations. International financial institutionsare also under focus. The international community is increasingly paying attention to their cause. At the 2015 UN Forum on Business & Human Rights, there was special focus on human rights defenders and the role of business.  

In the year ahead, some governments, businesses, and NGOs will likely sharpen criticism of states that unjustifiably attack human rights defenders, as well as the companies that benefit from such crackdowns and choose to say nothing. With rising concerns over terrorism and the resulting tendency in many countries to emphasise security threats over protecting human freedoms, the road ahead for those who dissent will not be easy. The combined voice of global business will be critical in effectively promoting the legitimate role of individuals and organisations that champion human rights principles and standards in societies around the world. 

Sources:

Top 10 Business and Human Rights Issues for 2016 – Top 10 Emerging Issues

http://www.ihrb.org/publications/reports/human-rights-defenders.html?utm_source=IHRB+Subscribers&utm_campaign=0e75f77298-eNews_Update_Quarterly_Update_2&utm_medium=email&utm_term=0_94694639e6-0e75f77298-120645865

see also: https://thoolen.wordpress.com/tag/business-and-human-rights/

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Human Rights Day 2015: human rights defenders are main topic

December 10, 2015

International Human Rights Day is an occasion for many organizations to publish statements on human rights. For those who have not enough time to go through all of them, here a selection of four main statements that focus on human rights defenders:  Read the rest of this entry »

Posted in EU, human rights, Human Rights Defenders, Witness (NGO) | Leave a Comment »
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Council of Europe: draft resolution addresses reprisals with priority

December 9, 2015

An interesting read is the latest report to the Council of Europe’s Parliamentary Assembly by Rapporteur: Ms Mailis REPS, Estonia, Alliance of Liberals and Democrats for Europe. The (draft) report is entitled: “Strengthening the protection and role of human rights defenders in Council of Europe member States“.

[On 19 March 2013, the Committee on Legal Affairs and Human Rights appointed Ms Mailis as rapporteur, following the departure from the Assembly of the previous rapporteur, Mr György Frunda.]

The Draft resolution and draft recommendation (AS/Jur (2015) 37) were adopted by the Committee on Legal Affairs and Human Rights on 8 December 2015 and here are some highlights:

Read the rest of this entry »

Posted in Human Rights Defenders, Observatory for the Protection of Human Rights Defenders | 1 Comment »
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Unfortunately the UN voted on the Resolution on human rights defenders!

November 26, 2015

The answer to yesterday’s post [https://thoolen.wordpress.com/2015/11/25/will-the-un-today-adopt-the-strongest-possible-resolution-on-human-rights-defenders-ask-over-100-ngos/] is that the UN did vote in favor but UNFORTUNATELY did have to vote at all. The unanimity by which UN resolutions on this topic were adopted since 1999 is now lost. But at least there is clarity: Russia and China were the main opponents.

“In New York today, China and Russia broke the unanimity of the international community by requesting a vote on the resolution presented by Norway,” commented Florian Irminger, Head of Advocacy at the Human Rights House Network. The vote by 117 in favour of the resolution, against 14, and with 40 abstentions, in fact reflects the situation in which human rights defenders work in the countries that voted against the resolution.

Read the rest of this entry »

Posted in human rights, Human Rights Defenders, UN | 3 Comments »
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Will the UN today adopt the strongest possible resolution on Human Rights Defenders? – ask over 100 NGOs

November 25, 2015
In a letter addressed to Member States, well over a hundred 100 international and national NGOs urged Members States to reject amendments intended to weaken the resolution on protection of human rights defenders, which will be adopted today, Wednesday, 25 November 2015 in the UN General Assembly’s Third Committee.
The resolution, as drafted, includes robust protection measures for human rights defenders, including the need to combat impunity for violence against human rights defenders and to release defenders who have been arbitrarily detained for exercising their fundamental freedoms. With the recent attacks on human rights defenders in places such as Burundi where the prominent activist Pierre Claver Mbonimpa and members of his family have been systematically attacked, it is time for UN Member States to take strong action to prevent and punish reprisals. However, amendments, tabled by the African Group, China, and Iran seek to dramatically weaken the resolution on human rights defenders and delete entire paragraphs regarding the need for their protection.At a time when the work of human rights defenders has become extraordinarily dangerous and increasingly criminalized in many states, it is important for Member States to send a strong message on the need to protect human rights defenders.

The text of the draft follows in toto:

SUPPORT THE DRAFT RESOLUTION ON RECOGNIZING THE ROLE OF HUMAN RIGHTS DEFENDERS AND THE NEED FOR THEIR PROTECTION

Excellencies,

We write to you as a group of human rights defenders and civil society organizations located across the world working at national, regional and international levels. We write in regard to the draft resolution entitled ”Recognizing the role of human rights defenders and the need for their protection“ currently being advanced in the UN General Assembly’s Third Committee, and due to be adopted on Wednesday 25 November 2015.

We urge your government to support the abovementioned resolution and to reject amendments, tabled by the African Group, China and Iran, designed to weaken the text.

Among other things, the proposed amendments remove references to the legitimacy of the work of human rights defenders, delete or weaken language regarding the need for their protection, and delete whole paragraphs related to the need to combat impunity for violations and abuses against defenders and the need to ensure adequate procedural safeguards in judicial proceedings. A call for the release of defenders detained or imprisoned in violation of international human rights law, for exercising their human rights and fundamental freedoms, is also proposed for deletion. In addition, the amendments introduce notions that States should only support and enable their work ‘as appropriate’, rather than in accordance with the UN Declaration on Human Rights Defenders and other obligations arising under international human rights law

Human rights defenders make a vital contribution to the promotion and respect for human rights, democratic processes, securing and maintaining peace and security, and advancing development in our countries. However, in doing this work, defenders often face a range of violations and abuses at the hands of State and non-State actors. States must acknowledge the role of defenders and the specific risks they face, and commit to ensuring their protection.

Seventeen years ago, all States agreed to the UN Declaration on Human Rights Defenders, including State obligations to protect all human rights defenders working on all human rights. This commitment has been reiterated and built upon in subsequent General Assembly and Human Rights Council resolutions. We are therefore extremely concerned to hear that the abovementioned delegations have objected to several core elements of the draft resolution.

Based on consultations with over 500 defenders from 111 States, the Special Rapporteur on Human Rights Defenders found that in the vast majority of States the situation for human rights defenders is deteriorating in law and in practice. He concluded that a lack of awareness regarding their vital and legitimate work, combined with a lack of political commitment and weak institutional arrangements for their protection, is placing them, their organisations and families at elevated risk.

 

The resolution as drafted reflects a number of these findings and makes a series of recommendations for States and other actors. Importantly, this year’s text includes a key focus on the implementation of the resolution itself. This will hopefully prompt States and other actors to move beyond rhetoric in addressing the challenges faced by human rights defenders and take action to ensure the implementation of the calls in the resolution.

We urge all States to live up to their human rights commitments by supporting this resolution, by rejecting amendments designed to weaken it, and by taking concrete steps to protect human rights defenders.

Sincerely, (names of the NGOs)

see also: https://thoolen.wordpress.com/2014/06/06/reprisals-states-must-r… 

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Reprisals against Human Rights Defenders continue says UN report

September 17, 2015

Reprisals against human rights defenders continue and the UN High Commissioner for Human Rights (fortunately) continues to give it prominence. A newly released United Nations report names 20 nations that have taken action against rights defenders and activists over the past year. Here the version of the New York Times (Nick Cumming) of 15 September 2015:

Those who give evidence to United Nations human rights investigators are facing increasingly severe reprisals, the United Nations Human Rights Council said Tuesday in a report naming 20 countries that took action against rights defenders and activists in the past year. The instances included intimidation and reprisals against the council’s commissions of inquiry on Eritrea and the 2014 war in Gaza, as well as people cooperating with United Nations investigators and staff monitoring human rights developments, the council’s president, Joachim Rücker, reported. “The types of acts reported seem to have become more varied and severe over time, targeting not only the individuals or groups concerned, but also their families, legal representatives, nongovernmental organizations and anyone linked to them,” he said in the report, which covers events in the year up to the end of May. The penalties it cited ranged from threats and travel bans to imprisonment, torture, sexual violence and disappearance. The list was not exhaustive, leaving out cases where naming individuals might endanger them.

In a statement to the council, Zeid Ra’ad al-Hussein, the United Nations’ High Commissioner for human rights, expressed concern on Monday about China’s detention of more than 100 lawyers and Russia’s stigmatization of nongovernment organizations getting overseas funding, but the report includes only one example of intimidation in each country.

It describes the torture of Sadriddin Toshev, a prisoner in Tajikistan, beaten in front of other inmates by prison officials who cited his interaction with a United Nations investigator on torture. Mr. Toshev was later charged with fraud, accused of deliberately wounding himself to discredit prison officials and of distributing false information, the report said.

Among other cases, the report cites a five-year prison sentence which it says was imposed in Iran on Mohammad Ali Taheri for cooperating with the United Nations expert monitoring human rights there. It also describes the violent arrest of a human rights defender in Myanmar by 10 plainclothes security men as he was on his way to provide evidence to the council-appointed expert assessing developments there.

“Such acts not only show a complete disregard for the functioning of the United Nations as a whole but also highlight the fact that, despite repeated calls for action by states to end all such violations, impunity continues to surround them,” the report said.

Having written so often about this topic, a link to previous posts is all this is needed: https://thoolen.wordpress.com/tag/reprisals/ 

Source: Retribution Increases Against Those Aiding Human Rights Inquiries – The New York Times

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Crucial Side Event “Attacks and Reprisals against Defenders” tomorrow in Geneva

June 15, 2015

OMCT and FIDH (within the framework of the Observatory for the Protection of Human Rights Defenders) in cooperation with the ISHR organise on 16 June (16:00-17:30, room XXII, Palais des Nations – Geneva) a side event on Attacks and Reprisals against Human Rights Defenders, focusing on the issue of reprisals and accountability. As readers know by now, I believe that this is the topic which the human rights movement HAS TO TAKE more serious lest all progress of the last decades will be lost. My blog contains quite a few posts on reprisals (https://thoolen.wordpress.com/tag/reprisals/), but the key one is: https://thoolen.wordpress.com/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/.

The objectives of the side event are:  Read the rest of this entry »

Posted in FIDH, human rights, Human Rights Defenders, ISHR, Observatory for the Protection of Human Rights Defenders, OMCT, UN | Leave a Comment »
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New and updated information on Reprisals in the Arab World

May 20, 2015

On 14 May 2015, the Geneva-based NGO Alkarama provided the United Nations Secretary General with a report on the state of reprisals in the Arab world especially in Oman, Syria, Saudi Arabia and Egypt. This topic – as argued in this blog many times [https://thoolen.wordpress.com/tag/reprisals/] – is one of the most urgent facing the human rights movement. If  human rights defenders suffer from harassment and intimidation for their cooperation with the UN, it would completely undermine the work of UN experts, Special Rapporteurs, Treaty bodies and the UPR. The UN Human Rights Council has adopted several resolutions (e.g. Resolution 24/24) calling upon States to enact laws and policies to protect HRDs at the national level, to prohibit all forms of intimidation or reprisal against HRDs, and to appoint a UN focal point to whom people who have suffered from retaliation for their cooperation with the UN could turn to.

In its new report Alkarama raises cases of reprisals in:

Oman, where the retaliation against human rights defenders has become systematic. Said Jadad, a prominent activist and advocate for democracy in his country was arrested in December 2014, three months after meeting with the Special Rapporteur on the rights and freedom of peaceful assembly and association during his visit to the country in September 2014. After 12 days in secret detention, during which he was questioned about his “ties with international NGOs working for the protection of human rights”, Jadad was set free only to be arrested again on 21 January 2015. On 8 March 2015, he was sentenced to three years of imprisonment for “harming the State’s prestige”. In August 2014, Omani journalist and human rights activist Mohammad al Fazari was summoned by the Royal Police, for “reasons that concern him personally”. He was subsequently detained in secret for five days, before the authorities confiscated his identity documents and imposed a travel ban in December.

Syria, where two human rights defenders, Jadia Abdallah Nawfal, Director of the Syrian Centre for Democracy and Civil Rights, and Omar Al Shaar, Editor-in-chief of the Day Press News’ English section, were arrested on 31 October upon their return from Beirut where they attended human rights conferences and workshops. After numerous UN Special Procedures holders intervened with the Syrian authorities on their behalf in November, they were both set free on 18 December 2014. [Also in Syria, Alkarama informed Ban Ki-moon of the 23rd postponement of the hearing of Mazen Darwish, President of the Syrian Centre for Media and Freedom of Expression and his colleagues, Hussayn Gharir and Hani Zitani before the Anti-Terrorism Court, despite the call from both the UNSG and  UN Special Procedures for their release. What is more, on 9 June 2014, a presidential amnesty was issued pardoning all individuals charged with “promoting terrorist acts,” but Mazen Darwish and his colleagues were excluded from the pardon, as highlighted by the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein in February. Finally, Alkarama reported the continuous secret detention of Khalil Matouk, a human rights lawyer – who defended, amongst others, Mazen Darwish and his colleagues – and Director of the Syrian Centre for Legal Studies and Research, whose case was raised by the UNSG in 2014. Arrested in October 2012, he has been, since March 2013, detained incommunicado at an Air Force Intelligence Branch, despite a UN call for his release.]

Egypt, where the case of Alkarama’s Country Representative Ahmed Mefreh, which was raised by the UNSG in his 2014 report, saw new developments. In September 2013, an arrest warrant was issued accusing him of “being a member of an armed organisation,” as a reprisal for his work as a human rights defender documenting then the killing of 985 peaceful demonstrators in Rabaa Adawiya and Nahda squares in Cairo. Today, Mefreh is being prosecuted in absentia with 49 other people on trumped-up charges including: “joining an illegal group aiming at impeding the enforcement of the Constitution and the law; disrupting institutions; hampering personal rights guaranteed by the Constitution; damaging national unity and social peace while pursuing terrorist goals to overthrow the authorities; assaulting police forces and public facilities; and disrupting the public order.”

Saudi Arabia, where the authorities continue to crackdown on human rights activists. Alkarama updated Ban Ki-moon on the cases of Fawzan Al Harbi, Abdullah Al Hamid and Mohammad Fahad Al Qahtani, all founding members of the Saudi Civil and Political Rights Associations (ACPRA). ACPRA, an NGO founded in 2009 to document cases of human rights violations in Saudi Arabia, suffered from reprisals by the authorities for having provided the UN with information, often via Alkarama. On 19 November 2014, after having been accused of “spreading false information about the Saudi government,” Fawzan Al Harbi was sentenced to 10 years in prison and subjected to a 10-year travel ban. Abdullah Al Hamid and Mohammad Al Qahtani, who were sentenced in March 2013 respectively to 10 and 11 years of imprisonment by the Criminal Court of Riyadh for having provided “false information as evidence to official international apparatuses such as the mechanisms of the Human Rights Council,” continue to be detained despite a call from several UN Special Procedures for their release.  Fadhel Al Manasif, a Saudi human rights defender was sentenced by the Specialized Criminal Court to 15 years plus a travel ban of the same length after his prior sentence, and a fine of US$ 26,666 for charges that included “breaking allegiance with the king” and “being in contact with foreign news agencies in order to exaggerate news and harm the reputation of the kingdom of Saudi Arabia and its people”.

“It is important to recall that, because not all victims are able to advocate their own case, or because they fear further reprisals, we should never forget that these cases are only the tip of the iceberg, as Ban Ki-moon highlighted in his last reprisals report,” says Inès Osman, Legal Coordinator at Alkarama. “The international community needs to stand by these women and men and fight against impunity for these unacceptable acts of reprisals. These individuals do not only ‘cooperate with the UN,’ they embody the fight for a world in which all people can demand their rights without fear.” T

For more information or an interview, please contact the media team at media@alkarama.org

FOCUS: Reprisals Continue in the Arab World as Civil Society Space Shrinks – Alkarama Foundation.

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OHCHR expresses concern about fate of human rights defenders in Burundi

May 16, 2015

The Office of the UN High Commissioner for Human Rights issued the following statement after the failed coup d’etat in Burundi:

“We are very concerned by developments in Burundi over the past two days, and call on all armed forces and non-state actors to refrain from taking actions which may endanger the lives of civilians and to ensure their protection from the effects of conflict. There is a clear risk that the instability may be prolonged, or even made worse, if there are violent reprisals.

We have received reports of numerous attacks on both private and state media with radio and television stations destroyed, endangering the lives of the journalists who were still inside them at the time. We call for a re-opening of all media outlets and the respect of the independence of journalists. There is also an urgent need to ensure the safety of human rights defenders and journalists. To give just one example, one of Burundi’s most prominent human rights defenders, Pierre-Claver Mbonimpa [Laureate of the MEA in 2007 – ed], has had to go into hiding after receiving death threats.

Those who incite or engage in acts of mass violence are liable to be prosecuted by competent judicial bodies, as reflected in the recent statement by the Chief Prosecutor of the International Criminal Court.

We are also very concerned that political instability and reports of intimidation of civilians could result in an even greater humanitarian crisis. There is a significant increase of refugees fleeing Burundi to neighbouring countries, with reports of rapidly deteriorating sanitary conditions in some locations where large numbers of refugees have gathered, such as Kagunga in Tanzania.”

see also: https://thoolen.wordpress.com/2015/04/29/high-commissioner-leaves-burundi-and-the-repression-goes-up/

via OHCHR PRESS BRIEFING NOTE – (1) South East Asia / migrants boats (2) Burundi (3) International Day against Homophobia & Transphobia » Press releases » News – StarAfrica.com – News – StarAfrica.com.

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