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Liberties’ Rule of Law in the EU Report 2024: weakening

March 20, 2024

On 18 March 2024, the Liberties Rule of Law Report 2024 was published on the rule of law across Europe

Democracy and rule of law continued to weaken across Europe in 2023, and restrictions on the right to peaceful protest have increased significantly. That is what is shown by a new report on rule and law and human rights produced by 37 European human rights organisations. Older democracies, for example Sweden and Italy, also show signs of the gradual erosion of rule of law. 

The Liberties Rule of Law Report 2024 is the most extensive independent report submitted to the EU. A group of civil liberties groups dedicated to strengthening freedoms and rights reviewed 19 EU countries and their adherence to rule of law and human rights in 2023. The report provides this information to the EU Commission, which annually assesses how EU member states uphold their commitments to rule of law.   

According to this year’s report, the rule of law in the EU continued to deteriorate in 2023, as governments further weakened legal and democratic checks and balances. Balazs Denes, Executive Director of the Civil Liberties Union for Europe (Liberties), comments:  

“Liberties Rule of Law Report 2024 shows that intentional harm or neglect to fix breaches to the rule of law by governments, if left unaddressed, can evolve into systemic issues over time. The growing far right, building on these abuses, will very quickly dismantle European democracy if the European Commission does not use the tools at its disposal, including infringement proceedings or conditional freezing of EU funds, in a much more assertive way. There is no need to wait until a captive state like Hungary’s emerges with an irremovable anti-democratic regime”.   

In 2023, many of us worry that society is becoming more divided and less equal, and we have strong opinions about the choices government makes on our behalf, such as how to treat migrants and refugees, tackle climate crisis, or respond to global conflicts. As elected representatives, we rely on politicians to use the power and resources of their office to address our concerns.

The strength of democracy is determined not by the outcome of governments’ decisions, but the democratic environment in which decisions are made. Liberties’ fifth annual rule of law report evaluates whether governments respect the rule of law structures, such as independent media, free courts, and citizen rights groups, that hold them accountable. The most in-depth ‘shadow reporting’ exercise by an independent civil liberties network covering 19 Member States, our report identifies Europe-wide trends and provides the EU with recommendations to reverse democracy’s downward trajectory.

There was a strong uptick in restrictions on peaceful protest increased in 2023 (Bulgaria, the Czech Republic, Estonia, Germany, Hungary and Sweden), often selectively applied to pro-Palestine and climate protests. The use of surveillance technology at protests persisted (Belgium, France, and the Netherlands) and civil society organisations and human rights defenders were still subject to attacks in almost all countries observed.

Governments continued to pass laws in an accelerated fashion (Bulgaria, Greece and Sweden, Slovakia), largely bypassing input put from citizens groups and resulting in poorer quality legislation. When public consultations with civil society did take place, our members reported that they were symbolic in nature (Bulgaria, Hungary, Ireland or Croatia) or faced deadlines too short to be meaningful (Germany, Slovakia and Slovenia).

Recommendations to the EU

Once authoritarian tendencies become entrenched, they are extremely difficult to reverse. The EU has a range of tools at its disposal and should use them more readily before rule of law violations take root. If violations are blatant and deliberate, infringement proceedings should be initiated without discussion, interim measures requested, and systemic infringement proceedings should follow multiple rule of law violations. Civil society should be given more support in its role fostering rule of law dialogue. The Commission’s annual report should include targeted and specific recommendations for Member States to address rule of law shortcomings, linked to enforcement measures, and we recommend evaluating civic space as a standalone topic and broadening the scope of human rights violations.

This is the fifth annual report on the state of the rule of law, democracy and fundamental rights across the EU.

See previous rule of law reports 2023 2022 2021 2020

https://www.liberties.eu/en/stories/rolreport2024-main/45014

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Deadline for nominations Right Livelihood Awards 2024

February 23, 2024

With the March 1 deadline swiftly approaching, the window to nominate for the 2024 Right Livelihood Award is closing fast! This is your opportunity to nominate individuals and organisations striving for social and environmental justice. The nomination process is open to the public— we invite you to elevate those making a significant impact through their courageous efforts.
While submissions are encouraged in English, we also welcome nominations in French and Spanish via our online form. If you have questions about the nomination process, do not hesitate to contact us via email at research@rightlivelihood.org or by phone at +41 (0)22 555 0943. NOMINATE NOW

Since 1980, Right Livelihood has celebrated the courageous and the visionary with its annual awards. It’s not just an award; it’s a global recognition of those who dare to envision and take action to create long-term social change. The Right Livelihood Award defies categories. This means the Laureates work in diverse fields across the world. Spanning from journalists who have brought truth to light to entomologists safeguarding biodiversity and poets who touch hearts and minds, the Award demonstrates that impactful work can come from anyone, anywhere.

To date, 194 Laureates from 76 countries have received the Award. See: https://www.trueheroesfilms.org/thedigest/awards/97238E26-A05A-4A7C-8A98-0D267FDDAD59

See also; https://wordpress.com/post/humanrightsdefenders.blog/25917

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Sweden’s new strategy places greater emphasis on Human Rights Defenders

February 13, 2024

On 5 February 2024, the Swedish Government adopted a new five-year strategy for development cooperation for human rights and freedoms, democracy and the rule of law. This strategy is an important part of the implementation of the Government’s new reform agenda for development assistance and contributes to free and inclusive democratic societies built on respect for human rights and freedoms.

Democracy, human rights and freedoms, and the rule of law are essential for freedom, security and the continued development of society. At the same time, we see storm clouds gathering. Democracy is in decline for the seventeenth consecutive year, which gives rise to increased oppression and conflicts. Russia’s full-scale invasion of Ukraine is a clear example of this. 

Another is the way authoritarian states are undermining fundamental human rights and freedoms and using new digital technology for oppression and to spread disinformation.  

“With this strategy, the Government is placing greater emphasis on the individuals around the world who fight for their freedom every day. We want to help those living under oppressive systems. Unfortunately, we see that democracy is headed in the wrong direction. That’s why Sweden has to do its part. We will do what we can to support the positive forces that exist,” says Minister for International Development Cooperation and Foreign Trade Johan Forssell.

The strategy outlines the Swedish Government’s increased focus on supporting defenders of human rights and democracy, free elections and independent journalism, in comparison with the previous strategy. The allocated budget for the strategy in 2024 is SEK 900 million. This budget is set out by the Government each year.

https://www.einnews.com/pr_news/686383753/new-development-cooperation-strategy-increases-focus-on-defenders-of-democracy-and-independent-journalists

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10 years Natalia bracelet

December 20, 2023
Génesis Dávila, participant in the Natalia Project.

On 18 December 2023 Civil Rights Defenders published an account of 10 years Natalia [see: https://humanrightsdefenders.blog/2014/04/24/the-natalia-gps-alarm-bracelet-wins-golden-egg-awards-in-stockholm/]

10 years ago, Civil Rights Defenders launched the Natalia Project, the world’s first assault alarm and community-based security system for human rights defenders. In the event of an attack, participants in the project can send out a distress signal so they can be located quickly and get help.

Natalia Project participant Génesis Dávila is the director and founder of Defiende Venezuela, a human rights organisation fighting for accountability and justice for victims of political persecution, people in arbitrary detention, and others who have been subjected to government-sanctioned attacks in Venezuela. In Venezuela being a human rights defender puts Génesis at risk of the very same political persecution she is trying to document.  

“I face different threats on a daily basis. In general, they come from the Venezuelan regime. They harass human rights defenders because we try to protect people who are in danger and victims of human rights violations. This is something that puts us at great risk.” “It is really exhausting because then you don’t have space for other things. It’s the feeling of being chased all the time. It puts you under stress. You feel that you are never safe, wherever you are.”

In the case of an attack, the alarm is activated, and a distress signal goes off. Civil Rights Defenders and a network of human rights defenders can start investigating the situation within minutes.

“For me, my Natalia has been a game changer. It helped me feel safe. Just having this tiny device with me, knowing that there was someone on the other side of the world just waiting for my call, being ready to act if something happens gave me such a confidence. That changed everything.”

The Natalia Project device is built to be durable and easy to use and take wherever is needed. 

“Everywhere I go, I bring my Natalia. If I’m about to fly somewhere, I check my passport, cellphone and my Natalia. It makes me feel safe. It’s my lucky charm.” 

“Anyone who wants to support human rights can do it. You don’t have to be a lawyer, or someone waving a flag. You just need to advocate for human rights, and that will be enough.” 

CRD also runs an emergency fund, see: https://crd.org/emergency-fund/

“Natalia Project has been a game changer” – Génesis Dávila

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Nice ‘tit-for-tat’ by Swedish newspaper against Turkish demands to extradite refugees

July 7, 2023

Aftonbladet, the biggest daily newspaper of Sweden published a call where it was stated that the Turkish authorities and President Recep Tayyip Erdoğan among them, are making calls, at every opportunity, for Sweden to repatriate some authors, journalists, academicians, and human rights defenders living freely in Sweden by obtaining refugee status, the number of whom ranges between 33 and 130. 

“Simultaneously with Turkey requesting Sweden to repatriate its opponents, Sweden is facing the largest organized criminal actions in its history. Almost every day comes reports of armed attacks and killings from all parts of Sweden,” the call states*.  

“It is as if anyone can be killed anywhere at any time. Most of these cruel attacks are being organized by Swedish criminals now living in luxury in Turkey. These criminals have obtained Turkish citizenship and Turkey is therefore arguing that they cannot be returned to Sweden.” 

“One such leader of a criminal gang threatening security in our country is Rawa Majid, the leader of the criminal organization called “Foxtrot” (with nickname Kurdish Fox). Another one organizing these crimes belongs to the group called Bandidos .”

“On the one side, Turkey claims to be fighting terrorism and requests that people who are in Sweden because of their political opinions to be returned to Turkey. On the other side, the country is rejecting to return to Sweden criminals of grave offences, people who risk the security and the future generations in Sweden. 

“No, this cannot go on Turkey! It is time to act like a serious state. Return the “Kurdish Fox” and the other criminal people from Sweden to Sweden.” 

The signatories of the call:

Kurdo Baksi, Author
Göran Eriksson, Ex-Chief of Stockholm Workers Education Center (ABF) 
Göran Greider, Author, Dala-Demokraten Gazetesi Baş Redaktörü
Pierre Schori, Ex-Minister responsible for Refugees and UN Ambassador
Olle Svenning, Author

https://bianet.org/english/politics/281229-swedish-newspaper-calls-turkey-to-return-to-sweden-the-criminals-who-live-in-luxury-here

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Swedish Embassy in The Hague shows Portraits of Human Rights Defenders

November 28, 2022

From 30 November to 15 December 2022, the Swedish Embassy in The Hague and the Swedish Institute, show a series of portraits of Human Rights Defenders. A tribute to those fighting for human rights & women’s rights “In a number of countries, human rights defenders and journalists are subject to arbitrary detentions, kidnappings, disappearances, physical aggressions, judicial harassments, death threats and intimidations. Some have paid the ultimate price for their commitment. I hope that these extraordinary and courageous people will inspire others to create a better, safer and more gender-equal society.” Anette Brolenius, Photographer .

Location: ATRIUM, The Hague Open for all, free of charge. *

https://www.swedenabroad.se/en/embassies/netherlands-the-hague/current/calendar/exhibition-hr-defenders/

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Ola Bini, a Swedish internet activist and human rights defender, will be in a Quito court. A trial to watch.

May 10, 2022

Jason Kelley and Veridiana Alimonti in EFF of 9 May 2022 report on the continuing saga of Ola Bini:

In preparation for what may be the final days of the trial of Ola Bini, an open source and free software developer arrested shortly after Julian Assange’s ejection from Ecuador’s London Embassy, civil society organizations observing the case have issued a report citing due process violations, technical weaknesses, political pressures, and risks that this criminal prosecution entails for the protection of digital rights. Bini was initially detained three years ago and previous stages of his prosecution had significant delays that were criticized by the Office of the Inter-American Commission on Human Rights (IACHR) Special Rapporteur for Freedom of Expression. An online press conference is scheduled for May 11th, with EFF and other organizations set to speak on the violations in Bini’s prosecution  and the danger this case represents. The trial hearing is set for May 16-20, and will most likely conclude next week. If convicted, Bini’s defense can still appeal the decision.

What’s Happened So Far

The first part of the trial against Ola Bini took place in January. In this first stage of testimony and expert evidence, the court repeatedly called attention to various irregularities and violations to due process by the prosecutor in charge. Human rights groups observing the hearing emphasized the flimsy evidence provided against Bini and serious flaws in how the seizure of his devices took place. Bini’s defense stressed that the raid happened without him present, and that seized encrypted devices were examined without following procedural rules and safeguards.

These are not the only problems with the case. Over two years ago, EFF visited Ecuador on a fact-finding mission after Bini’s initial arrest and detention. What we found was a case deeply intertwined with the political effects of its outcome, fraught with due process violations. EFF’s conclusions from our Ecuador mission were that political actors, including the prosecution, have recklessly tied their reputations to a case with controversial or no real evidence. 

Ola Bini is known globally as someone who builds secure tools and contributes to free software projects. Bini’s team at ThoughtWorks contributed to Certbot, the EFF-managed tool that has provided strong encryption for millions of websites around the world, and most recently, Bini co-founded a non-profit organization devoted to creating user-friendly security tools.

What  Bini is not known for, however, is conducting the kind of security research that could be mistaken for an “assault on the integrity of computer systems,” the crime for which he was initially investigated, or “unauthorized access to a computer system,” the crime for which he is being accused now (after prosecutors changed the charges). In 2019, Bini’s lawyers counted 65 violations of due process, and journalists told us at the time that no one was able to provide them with concrete descriptions of what he had done. Bini’s initial imprisonment was ended after a decision considered his detention illegal, but the investigation continued. The judge was later “separated” from the case in a ruling that admitted the wrongdoing of successive pre-trial suspensions and the violation of due process.

Though a judge decided in last year’s pre-trial hearing to proceed with the criminal prosecution against Bini, observers indicated a lack of solid motivation in the judge’s decision.

A New Persecution

A so-called piece of evidence against Bini was a photo of a screenshot, supposedly taken by Bini himself and sent to a colleague, showing the telnet login screen of a router. The image is consistent with someone who connects to an open telnet service, receives a warning not to log on without authorization, and does not proceed—respecting the warning. As for the portion of a message exchange attributed to Bini and a colleague, leaked with the photo, it shows their concern with the router being insecurely open to telnet access on the wider Internet, with no firewall.

Between the trial hearing in January and its resumption in May, Ecuador’s Prosecutor’s Office revived an investigation against Fabián Hurtado, the technical expert called by Ola Bini’s defense to refute the image of the telnet session and who is expected to testify at the trial hearing.

On January 10, 2022, the Prosecutor’s Office filed charges for procedural fraud against Hurtado. There was a conspicuous gap between this charge and the last investigative proceeding by prosecutors in the case against Hurtado, when police raided his home almost 20 months before, claiming that he had “incorporated misleading information in his résumé”. This raid was violent and irregular, and considered by Amnesty International as an attempt to intimidate Ola Bini’s defense. One of the pieces of evidence against Hurtado is the document by which Bini’s lawyer, Dr. Carlos Soria, included Hurtado’s technical report in Bini’s case file.

Hurtado’s indictment hearing was held on February 9, 2022. The judge opened a 90-day period of investigation which is about to end. As part of this investigation, the prosecutor’s office and the police raided the offices of Ola Bini’s non-profit organization in a new episode of due process violations, according to media reports.

Civil Society Report and Recommendations

Today’s report, by organizations gathered in the Observation Mission of Bini’s case, is critical for all participating and to others concerned about digital rights around the world. There is still time for the court to recognize and correct the irregularities and technical weaknesses in the case. It points out key points that should be taken into consideration by the judicial authorities in charge of examining the case.

In particular, the report notes, the accusations have failed to demonstrate a consistent case against Ola Bini. Irregularities in court procedures and police action have affected both the speed of the procedure and due process of law in general. In addition, accusations against Bini show little technical knowledge, and could lead to the criminalization of people carrying out legitimate activities protected by international human rights standards. This case may lead to the further persecution of the so-called “infosec community” in Latin America, which is made up primarily of security activists who find vulnerabilities in computer systems, carrying out work that has a positive impact on society in general. The attempt to criminalize Ola Bini already shows a hostile scenario for these activists and, consequently, for the safeguard of our rights in the digital environment.

Moreover, these activists must be guaranteed the right to use the tools necessary for their work—for example, the importance of online anonymity must be respected as a premise for the exercise of several human rights, such as privacy and freedom of expression. This right is protected by international Human Rights standards, which recognize the use of encryption (including tools such as Tor) as fundamental for the exercise of these rights.

These researchers and activists protect the computer systems on which we all depend, and protect the people who have incorporated electronic devices into their daily lives, such as human rights defenders, journalists and activists, among many other key actors for democratic vitality. Ola Bini, and others who work in the field, must be protected—not persecuted.

See also: https://humanrightsdefenders.blog/tag/technologists/

but in the end an Ecuadorian court has found Ola Bini innocent: https://www.article19.org/resources/ecuador-ola-bini-innocent-verdict-must-lead-to-stronger-digital-rights/

However: https://mronline.org/2024/04/11/activist-ola-bini-sentenced-to-one-year-in-prison-after-ecuadorian-court-overturns-acquittal/

Ola Bini, the cyberactivist who causes panic in Ecuador

https://www.hrw.org/news/2021/11/10/when-digital-rights-and-cybercrime-collide#

https://www.eff.org/deeplinks/2022/05/eff-and-other-civil-society-organizations-issue-report-danger-digital-rights-what

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Civil Rights Defenders’ Emergency Fund gives insight over 2021

March 18, 2022

Zinaida Muradova, Head of Rapid Response at Civil Rights Defenders

Defending human rights has become increasingly dangerous in many parts of the world. Many of those who do, face numerous risks and threats on a daily basis. When a threat towards a human rights defender escalates, Civil Rights Defenders’ Emergency Fund provides rapid assistance to strengthen the defender’s security as quickly as possible. 

On 7 March 2022 it provided a breakdown of its use. The fund can, for example, provide legal aid or temporarily relocate people who suffer persecution, as well as provide preemptive efforts such as security trainings and digital security solutions. In 2021, the fund supported a total of 1421 human rights defenders in 30 countries. 

Emergency support doubled in 2021

In 2021, Civil Rights Defender’ Emergency Fund has received and processed the largest number of applications since the inception of the fund in 2012. We have supported a total of 1.421 Human Rights Defenders (HRD:s) and/or members of their families at risk through a total of 171 grants in 30 countries. The number of applications and granted support have thus both doubled compared to 2020.  

The world is becoming an increasingly dangerous place for human rights defenders, which is a significant explaining factor behind this increase. The CRD Emergency Fund has seen and reacted to the global backsliding of democracy and a number of emerging conflicts in 2021. The aftermath of the war between Armenia and Azerbaijan, the military coup in Burma, the spring protests in Colombia, the witch-hunt on civil society in Belarus, the civil war in Ethiopia and the Taliban’s takeover in Afghanistan are only a few of the conflicts that have deteriorated the security situation for human rights defenders in 2021. Many human rights defenders cannot continue their work for human rights and democracy without the support of the outside world.

Although the number of applications has doubled, so has the number of Emergency Fund applications granted. This increase is much thanks to the additional resources that Civil Rights Defenders has been able to put into processing fund applications. 

“We are humbled to have been able to support so many human rights defenders in 2021. The need for emergency support is greater than ever, with the war in Ukraine the number of applicants is likely to keep increasing in the immediate future”, says Zinaida Muradova.

Emergency support to Burma and Asia has significantly increased in 2021, although the majority of human rights defenders who received emergency support continued to be from Africa. Additionally, the Emergency Fund continued to expand its global reach in five more regions – Eurasia, Europe, Africa, Latin America and MENA. In total, support was provided to human rights defenders in 30 countries during the course of 2021. 

Further advancing gender sensitivity 

The Emergency Fund continued to build on gender work started in 2019 to ensure a good gender balance and representation amongst the beneficiaries of support. We have been working to increase the accessibility of the mechanism for the most vulnerable groups. We see an improvement in gender balance, for example the percentage of non-conforming people supported doubled compared to 2020.

An increasing demand for legal aid and psychological support  

Despite the Covid 19 pandemic and continued strict restrictions on travel around the world, temporary relocations, where human rights defenders can reside safely for a short period, remained by far the most requested type of support in 2021. The majority of relocations were related to the major crises in countries mentioned above. Requests for preventive security measures to improve home, office or digital security, such as installing security cameras or digital security software, remained to be in high demand as well. Many HRD:s needed so called combined interventions, meaning a combination of several of the above mentioned support types. 

In 2021 The Emergency Fund has seen a noteworthy increase in requests for humanitarian and psychological support. Many HRDs also request legal aid due to an increasing trend of arbitrary arrests and charges.

“Democracy and human rights cannot be achieved without human rights defenders. Through the Emergency Fund we ensure that they feel safe enough to continue their work which ultimately helps ensure that the fight for democracy can continue worldwide”, says Zinaida Muradova. 

See also: https://humanrightsdefenders.blog/2020/12/11/civil-rights-defender-of-the-year-award-2020-goes-to-naw-ohn-hla/

Emergency Fund – 2021 in Numbers

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Ahmadreza Djalali honored with 2021 Courage to Think Award

November 10, 2021

Scholars at Risk (SAR) announced on 9 November 2021 that Dr. Ahmadreza Djalali is the recipient of its Courage to Think Award for 2021. Dr. Djalali, a prominent scholar of disaster medicine sentenced to death in Iran, is being recognized for his struggle for academic freedom and connection to the international academic community. For more on the Courage to Think Award see: https://www.trueheroesfilms.org/thedigest/awards/165B4CC5-0BC2-4A77-B3B4-E26937BA553C.

Dr. Djalali’s wife, Vida Mehrannia, will accept the award on Dr. Djalali’s behalf at SAR’s virtual symposium, Free to Think 2021, on December 9. Information and registration for the free, online event is available here <https://www.scholarsatrisk.org/event/free-to-think-2021-and-courage-to-think-award/> .
Dr. Djalali is an Iranian-Swedish scholar who has held academic positions at Karolinska Institute, in Sweden; the Università del Piemonte Orientale, in Italy; and Vrije Universiteit Brussel, in Belgium. In December 2020, he was awarded a Scholars at Risk Fellowship at Harvard University, in the United States.
“The continued imprisonment, extreme sentence, and mistreatment of Dr. Djalali in custody should be of grave concern for anyone who cares about the ability of scholars to work safely,” said Rob Quinn, executive director of SAR. “No scholar should face a death sentence, solitary confinement, and withholding of medical care for their academic or scientific work.”
Not only has Dr. Djalali helped the development of the field of disaster medicine at higher education institutions, but he has also put his expertise into practice by supporting communities impacted by crises. Dr. Djalali provided medical aid, health services, and education to communities impacted by floods, earthquakes, and other disasters in Iran, including the 2003 Bam earthquake. While at the Center for Research and Training in Disaster Medicine, Humanitarian Aid, and Global Health (CRIMEDIM), in Italy, Dr. Djalali dedicated his research to resilience and performance of health systems, hospitals, and medical and rescue staff, and trained hundreds of humanitarian and medical staff around the world.
Dr. Djalali was arrested in April 2016 during a trip to Iran to participate in a series of academic workshops. It is strongly believed that he was targeted because of his ties to the international academic community, and the belief that he might trade his freedom in exchange for working for the Iranian intelligence service. On October 21, 2017, Dr. Djalali was sentenced to death for “corruption on earth,” based on unsubstantiated allegations that he had provided intelligence to a foreign government. Dr. Djalali was denied the right to appeal the conviction and sentence and has suffered from torture, ill-treatment, and a growing number of medical complications while in state custody.
On November 24, 2020, Iranian authorities moved Dr. Djalali to solitary confinement in preparation to carry out his death sentence. Dr. Djalali spent five nightmarish months in solitary confinement, awaiting imminent execution, until April 14, 2021, when authorities transferred him to a multiple-occupancy cell. See also: https://humanrightsdefenders.blog/2020/11/26/as-iran-prepares-to-execute-ahmadreza-djalali-the-world-reacts/
For years, Dr. Djalali has been denied access to appropriate medical care for numerous health complications that worsened while he was in solitary confinement. These include leukemia, severe weight loss, chronic gastritis, low heart rate, and hypotension, gallstones, partial paralysis of the right foot, indirect inguinal hernia, hemorrhoid and fissures, low blood cell count, low levels of calcium and vitamin D, malnutrition, dyspepsia, and depression.
Authorities continue to deny Dr. Djalali access to his lawyer and his family in Iran, and from making calls to his wife and children in Sweden.

Ahmadreza Djalali honored with 2021 Courage to Think Award

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Documentary film Arica gets attention from United Nations Human Rights Council

September 15, 2021

On 2 June 2021 Davide Abbatescianni wrote in Cineuropa about Lars Edman and William Johansson’s film which documents the devastation caused by a Swedish mining giant in a Chilean desert town

Over 30 years after Swedish mining and smelting giant Boliden shipped almost 20,000 tons of toxic mining waste to the Chilean desert city of Arica, a group of Special Rapporteurs from the United Nations Human Rights Council (UNHRC) led by Dr Marcos Orellana have made allegations of ongoing human rights abuses, as exposed in Lars Edman and William Johansson’s documentary Arica [+]. The feature was presented at last year’s IDFA and is set to continue its festival run in Spain, the Czech Republic, Italy and Belgium.

Exposure to the waste led to numerous cases of cancer, birth defects and serious diseases. Currently, the Chilean government estimates that around 12,000 people were exposed to the toxins. The UNHRC has advised the Swedish government that “urgent measures should be taken to repatriate the hazardous wastes to Sweden and/or ensure the disposal of the hazardous wastes in an environmentally sound manner”.

Particular criticism is aimed at Boliden Mining, which the body accuses of “intimidating and threatening behaviour” towards human rights defenders – namely, the legal team representing the victims in Arica. They allege that such an approach, adopted by Boliden following the decision by the Swedish court of appeal not to hear the Arica case on the grounds that Boliden’s actions took place too long ago to be tried under Swedish law, was “a deliberate attempt to produce a wider, chilling effect of silencing and intimidating other lawyers and human rights defenders”. The United Nations’ action has been welcomed by victims and campaigners, including community campaigner Rodrigo Pino Vargas, who said: “For over 30 years, we have seen our families and our neighbours suffer the consequences of this Swedish waste. We have buried our children and been forced from our homes. We will not stop until our voices are heard and the damage is repaired. Even when we win in court, we find nothing but broken promises. For the first time, the intervention of the United Nations gives us hope that our human rights will be upheld. The people of Arica demand that immediate action be taken to meet our health needs and that the toxic waste be returned to where it belongs – in Sweden.”

The acclaimed documentary, shot over the course of 15 years, sheds light on a shameful case of modern colonialism. After losing their case in 2018 with a sentence that ultimately sided with Boliden, rejecting the Chilean judges’ verdict on the firm’s responsibilities and decriminalising their misdeeds, another appeal was lost in 2019. As of today, the Swedish Supreme Court has not granted Arica’s victims the right to appeal, and Boliden is threatening to sue their lawyers to make them pay the legal costs, a sum close to $5 million.

Producer Andreas Rocksén commented: “When Lars and William began filming 15 years ago, their intention was to ensure that the voices of the people in Arica, affected by the waste that came from under the soil where they grew up, would be heard. What has happened since has surpassed any expectations: their story is being heard around the world, and yet those same people in Arica are still fighting for justice. We will continue to amplify their voices as best we can and applaud all the different initiatives aimed at seeing their human rights upheld.”

Meanwhile, political pressure in Sweden is mounting as the country prepares to host the Stockholm+50 event, marking 50 years since the first-ever UN Conference on the Human Environment.

Arica was produced by Swedish independent studio Laika Film & Television, and was co-produced by Belgium’s Clin d’Oeil Films, Chile’s Aricadoc, Norway’s Relation04 Media and the UK’s Radio Film Ltd. Its world sales are entrusted to Swiss outfit Lightdox.

https://www.cineuropa.org/en/newsdetail/405513

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