Teenager in Pakistan who set herself on fire when the men who gang raped her were released after bribing the police.
Manipuri hunger striker Irom Sharmila, who has spent 14 years protesting the Armed Forces Special Powers Act (AFSPA), is released and re-arrested in what is now an annual ritual; Manipuri human rights defender Babloo Loitongbam further discusses the AFSPA in relation to the upcoming elections in India.
Basil Fernando talks about the arrests of human rights defenders in Sri Lanka, just as the UN Human Rights Council has proposed a new landmark resolution to investigate war crimes committed by both sides during the end of the war in Sri Lanka.
Kerala lawyer R.K Asha describes her police torture ordeal from her hospital bed.
A disturbing report from Thar district in Pakistan, where children are starving to death while the relief wheat meant for them remains unused and is rotting in storage.
In Voices of Survivors: this week we hear from Biman Bose in Assam, India, who has fought a decades-long battle for justice after brutal torture costing him his livelihood.
The bulletin can be watched online at AHRC YouTube. The AHRC welcomes both human rights feeds to be considered for weekly news bulletin and suggestions to improve the news channel: news[at]ahrc.asia.
On Monday 17 March, I reported on a clampdown on human rights defenders in Sri Lanka which looked very much like reprisals (https://thoolen.wordpress.com/2014/03/17/sri-lanka-champion-retaliator-against-human-rights-defenders/). Fortunately, Front Line Defenders reports today that the human rights defenders Ruki Fernando and Reverend Praveen Mahesan were released from detention. They had been detained on 16 March 2014 when visiting the Killinochchi district after the arrest of human rights defender Ms Balendran Jayakumari. She remains in detention under the Prevention of Terrorism Act (http://www.frontlinedefenders.org/node/25400).
A draft resolution promoting reconciliation, accountability, and human rights in Sri Lanka is being discussed at the United Nations Human Rights Council. The proposed resolution calls for, among other things, the Office of the High Commissioner, “To lead a comprehensive investigation into alleged serious violations and abuses of human rights and related crimes by both parties in Sri Lanka and establish the facts and circumstances of such violations and of the crimes committed with the view to avoiding impunity and ensuring accountability with assistance from relevant experts”.
Today, 14 March, Amnesty International brought out a statement severely criticizing China‘s treatment of human rights defenders in need of medical care. Cao Shunli, 52, died from organ failure on Friday at a hospital in Beijing, after five months in detention. Repeated requests by Cao’s family for her to receive medical treatment for serious health problems were denied.[ https://thoolen.wordpress.com/2014/02/25/serious-concern-for-health-of-detained-human-rights-defender-cao-shunli/]
“Cao Shunli’s death exposes just how callous and calculating the Chinese authorities are prepared to be to silence critics. The authorities today have blood on their hands.” said Anu Kultalahti, China Researcher at Amnesty International. “Cao Shunli was a courageous woman who paid the ultimate price for the fight for human rights in China. She should have never been detained in the first place; but to then deny her the medical treatment she desperately needed is a most barbaric act.”
Cao had led attempts to allow activists to contribute to China’s national human rights report, ahead of a UPR review at the UN Human Rights Council in 2013 and was arrested in September as she attempted to travel to Geneva to attend a human rights training course. Her detention was seen by many as a reprisal for her wanting to contribute to a public discussion on violations in China – the charges against her concerned “picking quarrels and making trouble” . The full Council is expected to hear the result of the UPR session on Wednesday 19 March. It will be interesting to see how the States and in particular China is going to react to this tragic event.
“States that commit or tolerate reprisals against #HRDs for cooperation with #UN should loose their voting rights says@thoolen“ is what Michael Ineichen twitted about my intervention in a meeting in Geneva organized by the ISHR. on 11 March. And that is basically correct. However, a bit more explanation of my rather ‘extremist position’ may be in order:
The topic of reprisals against persons who cooperate (as witnesses) with the UN and its various office holders has been raised by many, including this blog. [see: https://thoolen.wordpress.com/2013/09/20/protecting-human-rights-defenders-from-reprisals-crucial-issue-with-timely-article-and-side-event-on-24-september/ and https://thoolen.wordpress.com/2013/10/14/conclusions-of-side-event-on-reprisals-against-human-rights-defenders/.] When at the very well-attended side event organized by the International Service for Human Rights in the margin of the UN Council of Human Rights, the issue of reprisals came up again, I said that the international community is perhaps a bit too timid in its reaction to the increase in reprisals against Human Rights Defenders who testify to or cooperate with the United Nations. I stated that ‘messing with witnesses’ is considered by judges in almost all legal systems as an extremely grave thing. Or taking another analogy from legal thinking: a crime is considered a ‘qualified crime’ or ‘aggravated crime’ (and punished more severely) when certain circumstances are present, including when there is a dependency link between the victim and the perpetrator (think of murder or rape by the a custodian, a teacher or a doctor).
The resolution establishing the new Human Rights Council – replacing the previous Commission – states that “members elected to the Council shall uphold the highest standards in the promotion and protection of human rights.” And one of the novelties touted was that the General Assembly, via a two-thirds majority, can suspend the rights and privileges of any Council member that it decides has persistently committed gross and systematic violations of human rights during its term of membership.
The chilling effect that reprisals can have – especially when met with impunity – is potentially extremely damaging for the whole UN system of human rights procedures and will undo the slow but steady process of the last decades. Taken together with the above-mentioned seriousness of the aggravating character of reprisals, a powerful coalition of international and regional NGOs could well start public hearings with the purpose of demanding that States that commit reprisal be suspended.
If States can lose their right to vote in the General Assembly if they do not pay their fees for several years, there is in fact nothing shocking in demanding that States, who persecute and intimidate human rights defenders BECAUSE they cooperate with the United Nations, are not allowed to take part in the proceedings of the UN human rights body.
(High Commissioner for Human Rights Navi Pillay at the 25th session of the Human Rights Council. UN Photo/Jean-Marc Ferré)
Yesterday, 3 March 2014, the top UN functionaries opened the 25th session of the UN Human Rights Council with calls for the protection of members of civil society who pursue justice in their countries (a long euphemism for Human Rights Defenders).
“Streets, airwaves, entire countries are buzzing with demands for economic, social and political justice,” UN High Commissioner for Human Rights Navi Pillay said. Setting out this agenda and acknowledging the hard work that lay ahead in ensuring that all people enjoyed equal rights, Ms. Pillay emphasized the important role of civil society in those efforts. “We need to work together to ensure that the space, voice and knowledge of civil society is nurtured in all our countries,” she stressed. Recalling reports of what she labelled “intolerable” reprisals against people who coöperate with the UN’s human rights activities, she called for more action to protect them. “The UN itself is required to protect and support those who contribute to its work, often at great personal risk,” she said.
Secretary-GeneralBan Ki-moon added on this point that, “No one should have to risk their life for standing up and speaking out on violations of human rights and international humanitarian law.” Civil society was the representative of “We the Peoples,” as cited in the opening of the UN Charter, and that it must be able to carry out its vital work, “free of reprisals and intimidation.” In that context, the Secretary-General highlighted the “Rights Up Front” action plan that he launched last year to ensure that human rights considerations were the top priority in all UN activities. “This initiative seeks to ensure that the United Nations system leverages the full breadth of its mandates to protect people at risk,” he said. [https://thoolen.wordpress.com/2013/12/26/rights-up-front-presented-by-jan-eliason-it-is-irrefutable-that-serious-human-rights-violations-are-the-best-early-warning-of-atrocities/]
Interesting to note that while in Geneva, the Secretary-General met 4 NGOs: the International Service for Human Rights, Amnesty International, Human Rights Watch and the International Commission of Jurists. Their discussion certainly stressed human rights defenders and the importance of protecting them from attacks.
(human rights defenders in the photo were not allowed to see Cao – Sound of Hope)
Critically ill human rights defender Cao Shunli, who was prevented from attending a United Nations human rights review of China last fall, was taken to intensive care on 16 February 2014 after being denied medical treatment for months while in detention. “Cao Shunli is unconscious and on a ventilator,” her lawyer Wang Yu explained to Radio Free Asia. “She can’t talk and her condition is extremely serious… We think her life is in danger, but the hospital won’t give us any details; they just mumble something when we ask them,” he continued. A nurse blocked the entrance to the intensive care unit and told rights defender Wang Ling that Cao was “deeply unconscious” and would not recognize him, according to Human Rights in China (HRIC). Though Cao was initially taken to Beijing’s Qinghe Emergency Center, she was then transferred to an Army hospital, though her family requested that she be taken to an acute care hospital. Police at the hospital prevented activists from entering the hospital, and about 20 of them were taken to police substations for questioning, Wang Ling told HRIC.
[Cao and fellow rights defender Chen Jianfang were detained on 13 September, 2013 at Beijing’s International airport as they were leaving to fly to Geneva to take part in activities associated with the United Nations Human Rights Council UPR review of China’s human rights record. On the eve of the review, 21 October, she was formally arrested and charged with “creating a disturbance,” and has been detained since then. See earlier posts:
Several NGOs, including the International Service for Human Rights from which I the took the statement of 12 January, 2014, have asked the Malaysian authorities to immediately reverse a ban issued against a leading coalition of human rights organisations. On 8 January 2014 the Malaysian Home Ministry issued a statement that it had declared the Coalition of Malaysian NGOs [COMANGO] to be illegal on the basis that it deviates from the Islamic faith through its support for lesbian, gay, bisexual and transgender rights. The Ministry further justified the ban on the basis that members of the coalition are not registered under he Malaysian Societies Act 1966.The move to ban COMANGO is a clear violation of the rights to freedom of association and assembly, said ISHR Director Phil Lynch, adding the suspicious circumstance that the ban was issued in response to COMANGO submitting a report to the UN Human Rights Council on Malaysia’s human rights record in March 2013, which makes it look like a case of reprisals against human rights defenders. For more info contact: Phil Lynch, Director, on p.lynch[at]ishr.ch.
On 4 December 2013 I reported on the setback in the establishment of a focal point against reprisals in the United Nations. The disappointing vote in the Third Committee could theoretically have been reversed by the General Assembly but that miracle did not happen. On 19 December the General Assembly also put on hold a Human Rights Council initiative to strengthen the protection of human rights defenders from attacks and reprisals. A group of African States, together with China, Cuba, and Russia, successfully put forward a resolution to defer the appointment of a senior UN official tasked with coordinating the protection of human rights defenders. This is despite the Human Rights Council overwhelmingly passing a resolution in September calling on the UN Secretary-General to appoint ‘a United Nations-wide senior focal point’ to combat reprisals and intimidation.‘ The vote had a narrow margin of only three votes: 83 – 80.
[In the face of an African Group position, only two African States had the courage to abstain from the vote: Chad and Morocco.]
On the occasion of Human Rights Day, 10 December 2013, the largest ever body of independent experts in the United Nations Human Rights system urged Governments to coöperate with them, and allow human rights organisations and individuals to engage with the UN “without fear of intimidation or reprisals.” The appeal by the 72 special procedures experts stated that: “Over the years more than 160 UN member States have been visited by at least one of our human rights experts, and a total of 106 States have extended an open invitation to special procedures,” Around 30 States have not yet accepted a visit by any of our experts while others have given only selective access. “Unfortunately, it has become a reality that a standing invitation cannot necessarily guarantee that a visit will actually take place.” Mr. Chaloka Beyani said on behalf the group. “The work we do relies heavily on our interaction with civil society, national human rights institutions, human rights defenders, other individuals working on the ground and victims of human rights violations,” the expert explained. “It is of utmost concern that some of these become victims of intimidation and reprisals. The protection of these vital partners is of utmost importance,” he said, calling on world Governments “to respond firmly against any act which threatens them and seeks to obstruct human rights work.” Reprisals are a critical challenge facing the UN system and its human rights mechanisms. “We call for the designation of a focal point on the issue of intimidation and reprisals as soon as possible,”
[The United Nations human rights experts are part of what it is known as the Special Procedures of the Human Rights Council. Special Procedures is the general name of the independent fact-finding and monitoring mechanisms of the Human Rights Council that address either specific country situations or thematic issues in all parts of the world. They are charged by the Human Rights Council to monitor, report and advise on human rights issues. Currently, there are 37 thematic mandates and 14 mandates related to countries and territories, with 72 mandate holders. In March 2014, three new mandates will be added.]
