Posts Tagged ‘Sharan Srinivas’

Special fund for rural defenders in South Africa

December 25, 2019

People standing in a circle in a settlement
A group of activists meets before a march for land rights, in Cape Town, South Africa, on March 7, 2018.© Melanie Stetson Freeman/The Christian Science Monitor/Getty

Sharan Srinivas (program officer with the Open Society Human Rights Initiative) wrote on 16 December 2019 about Protecting Civil Society in South Africa. …Before he was gunned down in front of his son, Sikhosiphi “Bazooka” Rhadebe—a leading environmental and housing advocate in Xolobeni, South Africa—telephoned others who had spoken out against mining interests along South Africa’s Wild Coast. He was checking on like-minded activists’ safety and warning them that a “hit list” had been developed targeting human rights defenders in the area who stood up against mining interests. Two hours later, gunmen posing as police officers shot him at his home.

No one has been held accountable in the killing of Rhadebe, which advocates now see as the first data point in a disturbing new trend. Increasingly, those that stand up for environmental, housing, and land rights in South Africa face bitter—and often violent—attacks. To counter this trend, the Open Society Foundations announced recently the creation of a new fund, hosted at the Southern Africa Human Rights Defenders Network, intended to provide support to activists. The fund will provide support services to activists depending on their needs and will include the provision of legal representation; emergency relocation for activists and their families; and physical, psychological, and medical support.

South Africa is rightly commended for its vibrant civil society, robust institutions and progressive constitution, which enshrines the fundamental rights of expression and assembly. But joint research conducted by Human Rights Watch, Earth Justice, GroundWork, and the Center for Environmental Rights reveals that communities who are exercising these fundamental rights have faced vicious reprisals.

  • There is an ongoing pattern of police misconduct during peaceful protests.
  • Local municipalities often impose extralegal restrictions on protest in mining affected communities.
  • An environment of fear has been created among community activists.

Though activists based in South Africa’s major cities are well connected to the international infrastructure built to protect human rights defenders, many attacks against community-based activists located in rural and isolated parts of the country have gone unreported and unnoticed. The fund hopes to serve as a vehicle of solidarity, and to strengthen the resilience of frontline community activists. Sharan Srinivas is a .

Parallel Event on Asian Justice Institutions and HRDs on 2 March 2017 in Geneva

February 27, 2017

Parallel event on Asian Justice Institutions and Human Rights Defenders to be held on 2 March 2017 2:00 PM in Room: XXIII, Palais de Nations, Geneva, SwitzerlandModerator/Chair: Mr. Bijo Francis, Executive Director, Asian Legal Resource Centre

Speakers in the Panel:
1. Mr. Basil Fernando, Director, Policy and Programme, Asian Human Rights Commission
2. Mr. Mandeep Tiwana, Head of Policy and Research, CIVICUS
3. Mr. Sharan Srinivas, Director, Research and Advocacy, Right Livelihood Award Foundation
contact: Md. Ashrafuzzaman, Main Representative, Asian Legal Resource Centre, Cell: +41 (0) 766 38 26 59, Email: zaman@ahrc.asia .
Background: Human rights defenders across the world today have to overcome restrictive and challenging circumstances to undertake their mandate. These challenges could be broadly classified into three categories. They are: (i) restrictions imposed through statutes or regulatory processes; (ii) false accusations and fabricated cases registered by the state against HRDs and their organisations; and (iii) threats presented against HRDs by non-state actors, including fundamentalist religious forces.

Of the above three categories, the first and second could be overcome to a large degree at the national level, had the criminal justice institutions in Asian states been independent, and are able to decide upon cases that these institutions are called upon to engage upon.

Asian states today often enact legislations to restrict the operations of HRDs and the organisations they represent. China for instance, has legislations that directly impede the operation of HRDs . Indeed, the law does not prohibit the operation of ‘foreign’ NGOs, but stipulates obtaining permissions from different state agencies before commencing work, and has cast a broad net that prohibits organisations from engaging in activities otherwise considered to be human rights work, including: advocacy, legal assistance, labour, religion, and ethnic minority affairs. State agencies are given unbridled powers to interpret an activity as one under any of these prohibited criteria. The situation of domestic NGOs, including lawyers is worse in China even before the enactment of the new ‘foreign NGO’ law. The government has imposed heavy scrutiny and restrictions upon domestic NGOs, and often detain HRDs and lawyers on criminal charges.

China however is not an exception in the Asian region. Thailand for instance has legislations in place even prior to the military coup that restricts HRDs and civil society work. Thai state has spared no resources to oppress HRDs, often using the law against defamation that has penal provisions, interpreted at the will of the state by the country’s courts. After the coup, the National Peace and Reconciliation Council has promulgated ordinances that literally restrict all forms of freedom. HRDs who campaigned against the military’s version of the current Thai constitution, and the namesake referendum that was organised by the military, were arrested and imprisoned.

Bangladesh, against all its obligations under domestic and international law detains HRDs, forces closure of civil society organisations by repeatedly raiding their offices and seizing office equipment and documents, and does not allow these organisations to operate their bank accounts. India too engages in similar tactics against civil society organisations that openly criticise the government and its policies. Similar circumstances exist in most other states in the region, including Singapore, Myanmar, Indonesia, Sri Lanka and the Philippines.

In Pakistan, the state is engaged in a shadow war against the civil society using right-wing religious forces, including right-wing media, that has systematically targeted HRDs who have advocated for democratic governance, and in particular urged the country\’s military from illegally and arbitrarily intervening in civilian administration.

In all the above circumstances, what is witnessed is the increasing role played by the entire criminal justice apparatus in Asian states that collide with the state in repressing HRDs and civil society work. Asian states liberally use their agencies like the police, prosecutor\’s office and other specialised agencies to obstruct HRDs in their work, often alleging false criminal charges against organisations or the staff members of these organisations. On the other hand, Asian judiciary has repeatedly failed to intervene in these cases despite the civil society reaching out to the courts for justice.

In instances where restrictive legislations are enacted or executive orders issued, restricting civil society freedom, the judiciary has the responsibility to intervene, and if necessary, annul the law or the executive order holding it as one against constitutional rights and the state\’s obligation under international human rights law. Instead, the Asian judiciary often support state actions. Instances where cases are adjourned without a decision being made are common.

Improving Asia’s human rights standards is not possible without radical reforms brought into the region’s justice delivery framework, particularly of the criminal justice procedures. The absence of independence and professionalism of Asia’s justice architecture is the cornerstone upon which impunity is built in the region. Asian states are aware of this and has consciously kept their justice institutions under direct control. Today Asian HRDs and the entire civil society in the region suffers due to this. Effective judicial intervention in instances where the state exceeds its mandate and stifle civil society work is an exception than a norm.

The side event organised by the Asian Legal Resource Centre, along with The Right Livelihood Award Foundation is an attempt to expose the dubious role played by Asia’s justice institutions in stifling civil society work in the region. The event is also an attempt to raise awareness about this scenario in the global human rights community and to seek support to address this problem.

www.humanrights.asia.