Simon Delaney, a media lawyer and advisor to the Decriminalisation of Expression Campaign, in The Guardian of 4 February reports on an important judgement by the African Court on Human and Peoples’ Rights on press freedom by ruling that criminal defamation laws cannot include custodial sentences or sanctions that are disproportionate, such as excessive fines.
[In 2012, Lohé Issa Konaté, the editor of a weekly newspaper in Burkina Faso, was found guilty of criminal defamation and sentenced to 12 months in prison after he published two articles accusing a public prosecutor of abusing his power. Konaté‘s paper was shut down for six months and he was ordered to pay an exorbitant fine, plus compensation and costs. Konaté argued that he was wrongfully punished for legitimate investigative journalism and his rights to freedom of expression were violated. A coalition of 18 media and human rights organisations added that criminal defamation laws undermine the democratic rights of the media and citizens to hold their governments to account. The court found that, although the Burkinabé law served the legitimate objective to protect the honour and reputation of public officials, the penalty of imprisonment was a disproportionate interference in the exercise of freedom of expression by Konaté and journalists in general. The court ordered Burkina Faso to change its criminal defamation laws and pay compensation to Konaté.]
The judgment is significant not so much because of the content of the decision (which is in line with international standards] but because it is homegrown ‘African’ decision.
The judgment, which is binding on African Union member states, gives impetus to the continent-wide campaign to decriminalise defamation. It also paves the way for the decriminalisation of ubiquitous laws prohibiting “the publication of matter with intent to bring the president into hatred, ridicule or contempt” and “the publication of false news with intent to cause fear and alarm to the public”.
To mark Human Rights Day tomorrow, Wednesday 10 December, the Guardian organises a live chat with three women human rights defenders who will answer your questions on their campaigning work and the challenges they face in uncovering abuses. The panel looks most promising:
The Guardian of 2 December 2014 reports that Greece’s justice minister, Haralambos Athanasiou, has been accused of homophobia after unequivocally denouncing gay marriage and opposing even same-sex unions, saying they pose dangers to society, especially a society that “respected traditions”. Complying with EU demands to legalise partnerships for homosexual couples was also problematic, he said, because it was not without potentially adverse consequences for society.
[Athens was fined by the European court of human rights last year for failing to extend protective rights, including domestic partnerships, to gays and lesbians, a move the tribunal described as discriminating to same-sex couples. Following the judgment, the prime minister Antonis Samaras’s conservative-dominated coalition signalled that it would redress the wrong but got cold feet when rightwingers and clerics reacted in fury. Greece and Lithuania stand alone in refusing to grant such rights.]
[This year the Greek Orthodox bishop of Thessaloniki, Anthimos, called homosexuality “a perversion of human existence”.]
Andrea Gilbert, a LGBT activist, said: “Greece wants to present itself to Europe and the rest of the world as a modern democratic country that respects the rights of all its citizens. These are really very shocking statements when the man making them is the minister of justice, the person who is meant to protect citizens, not a crackpot member of Golden Dawn.” [In April, Ilias Panagiotaros of the neo-fascist Golden Dawn party, denounced same-sex relationships as a “sickness”]
The Guardian reported today that Krishna Upadhyaya and Gundev Ghimire, the two British human rights investigators detained in Qatar for almost nine days, have been released from custody (but have not yet left the country).
The Guardian of 1 June 2014 contains a long and fascinating interview with Nasrin Sotoudeh, the Iranian lawyer who won the Sacharov Prize and was a Final Nominee of the MEA in 2012. The now freed Iranian human rights lawyer – in an interview with Simon Tisdall – speaks out in a moving way about why she is a human rights defender and how she coped with the separation from her family. The title of the piece: ‘I’ve a bad feeling about the women I left behind’is telling of her concern for others.
(Nasrin Sotoudeh with her son, Nima, after being freed from prison last year. Photograph: Behrouz Mehri/AFP/Getty Images)
“Nasrin Sotoudeh’s seven-year-old son, Nima, wants to go out to play. His mother, the leading Iranian human rights lawyer whose arbitrary imprisonment in 2010 sparked an international campaign to free her, has been talking for ages. Nima is bored. At the door to their apartment in north-west Tehran, Nasrin takes Nima in her arms. The boy stands on tip-toe to embrace his mother. They hold each other for a minute or more. It is as though the two cannot bear to be separated..…….”. For more: Freed Iranian rights lawyer: Ive a bad feeling about the women I left behind | World news | theguardian.com.
The Guardian reports that eight people have been jailed in Iran on charges including blasphemy and insulting the country’s supreme leader on Facebook. The opposition website Kaleme reported that two of the eight, identified as Roya Saberinejad Nobakht, 47, from Stockport (Iranian/UK national), and Amir Golestani, each received 20 years in prison and the remaining six – Masoud Ghasemkhani, Fariborz Kardarfar, Seyed Masoud Seyed Talebi, Amin Akramipour, Mehdi Reyshahri and Naghmeh Shahisavandi Shirazi – between seven and 19 years. They were variously found guilty of blasphemy, propaganda against the ruling system, spreading lies and insulting Ayatollah Ali Khamenei.
[The relevant backdrop is that there is a growing row between President Hassan Rouhani’s administration, which favours internet freedom, and hardliners wary of relaxing online censorship. Last week, Iran’s national TV paraded six young Iranians arrested for performing a version of Pharrell William’s hit song Happy and posting a video of it on the internet. The arrests caused global outrage and prompted Rouhani to react in their support. The performers were soon released, but the video’s director, Sassan Soleimani, remains in jail. The arrests highlighted the challenges Rouhani faces in delivering his promise of allowing people greater access to social networks such as Facebook and Twitter, which remain blocked in Iran….In recent weeks Rouhani has stepped up his rhetoric in support of internet freedom. “The era of the one-sided pulpit is over,” he said recently at a conference in Tehran, endorsing social networks and asking his communications minister to improve bandwidth in the country. He intervened when the authorities blocked access to the mobile messaging service WhatsApp, ordering the ban to be lifted. Iran’s judiciary, which is a political institution independent of the government, has since moved to challenge Rouhani’s intervention and orderered WhatsApp to be banned. Until two years ago, Iran’s ministry of information and communications technology was in charge of policing the country’s online community, but in 2012 Khamenei ordered officials to set up the supreme council of virtual space, a body that is closer to the supreme leader than to the government. This means Rouhani is not the sole decision-maker in the future of Iranian web. With help from Iran’s cyberpolice, the judiciary and the Revolutionary Guards have identified and arrested Iranians because of web-related issues, including several employees of the Iranian gadget news website Narenji, who have been in jail since December.]
(A woman protesting against violence (c) Yuri Cortez/AFP/Getty Images)
An excellent piece in the Guardian of 25 February by Jo Tuckman describes the impact of the Mesoamerican Human Rights Defenders’ Initiative [IM-Defensoras] which through solidarity tries to protect woman human rights defenders. The Honduran Berta Cáceres – who has been under threat for years because of her campaign against extractive industries – says that without solidarity from her peers, it could all be over. “The solidarity is why I am alive and why I am here,” she told a recent meeting of the IM-Defensoras in the Mexican capital. “And, of course, we are committed to continue.” (https://thoolen.wordpress.com/tag/berta-caceres/)
IM-Defensoras is a three-year-old effort to provide women rights defenders in the Central American region with protection mechanisms that are gender-sensitive and adapted to different contexts, and that go beyond traditional options. The organisers of IM-Defensoras say activists in Central America are increasingly being targeted and governmental protection is rarely effective and difficult to trust. The initiative documented 414 attacks on women activists between 2010 and 2012, a period in which it says 38 women were killed, with the vast majority of their deaths blamed on the state.
The initiative is built around the creation of national networks of activists. So far, these have been set up in Mexico, Guatemala, Honduras, El Salvador and Nicaragua, with about 360 members. The plan is to expand these networks and set up new ones in Costa Rica and Panama. The importance of the networks stems partly from the recognition that women activists are usually less able to rely on family and organisational support than men. For example, a female leader in danger is much likelier to face pressure from her family, or even from male colleagues, to withdraw from activism. “The gender perspective means recognising that women defenders have already broken the rules“.
The networks are the basis of most of the work of IM-Defensoras. In times of emergency, the networks may draw attention to a credible death threat or organise temporary exile, for example. They devise strategies that take into account complications such as whether an activist also has children.
The Guardian article also draws attention to an often overlooked aspect of support networks: fighting stress. The initiative also encourages activists to pay attention to the stress they accumulate from sustained threats, attacks, sexual harassment and smear campaigns. The risk of burnout is increased further by the fact that most women activists receive no salary and so also undertake paid work, at the same time as spending several hours a day on domestic chores. After getting supportive messages, Lolita Chávez, a Guatemalan K´iche’ (Mayan language) human rights defender is quoted as saying: “I said to myself: ‘Maybe others think I am a terrorist but there are sisters telling me I am a defender of human rights’,”… “It was a counterbalance.” Chávez also spent three weeks in Mexico at a workshop to help her look after her own mental and physical health, which, like most women activists, she had neglected for years. “The initiative has filled me with life, but there are many sisters out there who are still waiting for this kind of support,” Chávez told the Mexico City meeting. “It is possible to do what we do and not be a martyr.” (see also: http://thoolen.wordpress.com/2014/01/29/lolita-chavez-about-land-and-life-in-peril-in-guatemala/)
Yesterday I referred to the difficulty of defining human rights defenders in relation to a Nigerian politician, and here comes another, maybe more difficult one:
As the United States Justice Department prepare charges against Edward Snowden, former federal government contractor who revealed the NSA’s secret surveillance program rights violation, as ABC News reported, Russia said Tuesday 11 June that it would consider a request from him for safe haven and The Guardian reported tuesday that Vladimir Putin’s spokesman says any appeal from whistleblower Edward Snowden for asylum will be looked at ‘according to facts,’
Aleksey Pushkov, chair of the State Duma’s International Affairs Committee, said Snowden is a “human rights activist.” Referring to WikiLeaks founder Julian Assange, Pushkov said, “In this sense, Snowden — like Assange — is a human-rights activist.”
“I’m willing to sacrifice all that because I can’t in good conscience allow the US government to destroy privacy, internet freedom and basic liberties for people all around the world with this massive surveillance machine they’re secretly building,” Snowden himself told The Guardian.
How do I become an international human rights lawyer? is the topic of an article by Hannah Gannagé-Stewart in the Guardian of Friday 26 April 2013. She rightly starts by stating that “the life of an international human rights lawyer is not all jet setting glamour”. Still, it is one of the most frequent questions put to me at the end of a lecture, often during the reception afterwards under 4 eyes: “I would like to work for human rights – what do you advise me?” is the usual opening line. My half-serious standard reply: “if your really want to work FOR human rights, I advise you to get very rich and donate half your wealth to the human rights movement“, is not always appreciated, but correct at the macro level as the shortage of funds is much more problematic than that of talent and devotion in the human rights movement. The question asked was of course situated at the micro level as in: “I want to work IN human rights (even if the pay is not very good)“.
The Guardian piece (although focusing on the UK) contains good, practical advice and most of it would be valid in other countries:
“Jet-setting round the globe, setting the worlds highest courts alight with spectacular oratory performances, radically changing the lives of the most vulnerable. Hell, theres probably a Nobel peace prize in there somewhere too right? Think again. There are actually very few lawyers who would describe themselves as international human rights lawyers, Read the rest of this entry »
Hans Thoolen on Human Rights Defenders and their awards 
Greek justice minister shows clear signs of homophobia
December 3, 2014The Guardian of 2 December 2014 reports that Greece’s justice minister, Haralambos Athanasiou, has been accused of homophobia after unequivocally denouncing gay marriage and opposing even same-sex unions, saying they pose dangers to society, especially a society that “respected traditions”. Complying with EU demands to legalise partnerships for homosexual couples was also problematic, he said, because it was not without potentially adverse consequences for society.
[Athens was fined by the European court of human rights last year for failing to extend protective rights, including domestic partnerships, to gays and lesbians, a move the tribunal described as discriminating to same-sex couples. Following the judgment, the prime minister Antonis Samaras’s conservative-dominated coalition signalled that it would redress the wrong but got cold feet when rightwingers and clerics reacted in fury. Greece and Lithuania stand alone in refusing to grant such rights.]
[This year the Greek Orthodox bishop of Thessaloniki, Anthimos, called homosexuality “a perversion of human existence”.]
Andrea Gilbert, a LGBT activist, said: “Greece wants to present itself to Europe and the rest of the world as a modern democratic country that respects the rights of all its citizens. These are really very shocking statements when the man making them is the minister of justice, the person who is meant to protect citizens, not a crackpot member of Golden Dawn.” [In April, Ilias Panagiotaros of the neo-fascist Golden Dawn party, denounced same-sex relationships as a “sickness”]
Greek justice minister denounces gay marriage | World news | The Guardian.
Posted in human rights, Human Rights Defenders | 1 Comment »
Tags: Andrea Gilbert, domestic partnerships, gay marriage, gay rights, Greece, Haralambos Athanasiou, homophobia, homophobic comments, justice minister, LGBTI, Orthodox church, the European Convention on Human Rights, the Guardian