Posts Tagged ‘UN Rapporteurs’

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Human Rights Council: Reprisals instead of responses is the answer by many States

March 21, 2019

Room XX of the Human Rights Council

In two statements delivered to the 40th Session of the Human Rights Council, ISHR and Amnesty International reacted to the latest Joint Communications Report of the UN Special Procedures – independent human rights experts, appointed to monitor and report on human rights violations and to advise and assist in promoting and protecting rights. The report cites nine cases of reprisals against human rights defenders cooperating with the UN, and reveals that 95 states have not responded to letters from the UN experts concerning human rights violations.

There are two, related issues at stake here: (1) non-response to letters from the UN, and even worse (2) reprisals against human rights defenders who cooperate with the UN.

When I started my blog in 2010 (and one of the motivations) a main concern was the lack of response and enforcement [see https://humanrightsdefenders.blog/2011/03/20/taking-on-non-response-this-bloggers-lone-response/ and : https://www.linkedin.com/pulse/20140603192912-22083774–crime-should-not-pay-in-the-area-of-international-human-rights ].

As Helen Nolan of ISHR explains, 35 States have recently failed to respond to two or more of these letters. 13 of these nations are members of the Council. ‘Repeat offenders are a particular concern,’ says Nolan. ‘India has failed to reply to a staggering 8 communications, Mexico 6, Italy 5, and Bangladesh and Nepal 4 each.’ Nolan emphasises that a failure to reply is a failure to cooperate, and welcomes the fact that the recently published report of the Annual Meeting of Special Procedures focuses on non-cooperation, including ‘more subtle forms’, such as selective cooperation with particular mandates. ‘To encourage cooperation, the Council must make non-cooperation more costly,’ says Nolan. ‘We urge the President of the Council to work closely with the Coordinating Committee of the Special Procedures to find ways to do this,‘ adds Nolan.

ISHR and Amnesty International’s second statement noted that under GA Resolution 60/251, Council members must ‘fully cooperate with the Council.’ Yet, the report cites nine cases of reprisals involving these members:

  • China sought to revoke the Society for Threatened Peoples’ ECOSOC status after vexatiously alleging that a person accredited by them, Dolkun Isa, participated in incitement and funding of separatism and terrorism, in retaliation for cooperation with the UN;
  • Egypt carried out forced evictions, and violations of the rights to physical integrity, liberty and security against individuals who cooperated with the Special Rapporteur on the right to adequate housing during her recent visit;
  • Iraq carried out unlawful arrest, enforced disappearance and torture against Imad Al Tamimi and intimidated and threatened Israa Al Dujaili for cooperating with the UN;
  • Libya arrested an individual in retaliation for taking steps to clarify the fate and whereabouts of his father, including with UN mechanisms;
  • The Philippines labeled defenders “terrorists” in reprisal for their engagement with the UN;
  • Russia surveilled, intimidated and harassed Yana Tannagasheva and her husband, for speaking out about impacts of coal mining on indigenous people in Siberia and in possible reprisal for their communication with UN mechanisms;
  • Turkmenistan carried out reprisals against a defender and her husband for her cooperation with the UN; and
  • In Yemen, forces loyal to President Hadi and the Saudi-led coalition detained human rights defenders Radhya Al-Mutawakel and Abdulrasheed Al-Faqih for cooperating with the UN.

‘We call on the President of the Council to request updates on the cases from Iraq, Libya, Russia, Turkmenistan and Yemen, as there has been no response from the States concerned,’ said Nolan. For an older post on reprisals, see: https://humanrightsdefenders.blog/2014/03/13/zero-tolerance-for-states-that-take-reprisals-against-hrds-lets-up-the-ante/

Full text of the first statement (on failure to reply) available here.

Full text of the second statement (on cases of reprisals) available here.

You can also watch the videos of the statements via the link below:

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Indian Government accused of harassment of Amnesty and Greenpeace India

February 22, 2019

Shemin Joy, for DH News Service, New Delhi, reported on 21 February 2019 that a letter addressed by 3 UN Rapporteurs to the Indian government has now been made public as no reply was received. The letter will now be part of the report to be discussed in UN Human Rights Council as India has not responded to the charges. In the letter, the Special Rapporteurs referred to the raids and searches conducted at the offices of Amnesty International India and Greenpeace India as well as the blocking of foreign funding to these NGOs. ….concern is expressed at the alleged smear campaign against Amnesty International India, in what seems to be an attempt to tarnish the organization’s reputation in the absence of formal charges

“We reaffirm our position that the ability to access foreign funding is an integral part of the right to freedom of association, and reiterate our concerns at the highly detrimental impact of the FCRA, which has been increasingly used to obstruct Indi.reiterate our concerns at the highly detrimental impact of the FCRA, which has been increasingly used to obstruct Indian civil society’s access to international funding,” they said. [see also: https://humanrightsdefenders.blog/2013/11/05/india-should-end-funding-restraints-on-human-rights-defenders-says-hrw/]

The seven-page letter was written by Special Rapporteurs David Kaye (promotion and protection of the right to freedom of opinion and expression), Clement Nyaletsossi Voule (rights to freedom of peaceful assembly and of association) and Michel Forst (situation of human rights defenders) on December 20 last year and had said that they would make public the letter after two months with or without the government’s response.

Read more at: https://www.deccanherald.com/national/smear-campaign-against-amnesty-719547.html

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UN rapporteurs ask India to protect journalist Rana Ayyub and refer to fate of Gauri Lankesh

May 27, 2018

Many newspapers reported (here India Today) that a group of UN human rights experts has expressed concern over continued threats to journalist Rana Ayyub, calling on the Indian government to urgently take steps to protect her and ensure the threats against her are promptly and thoroughly investigated. “We are highly concerned that the life of Rana Ayyub is at serious risk following these graphic and disturbing threats,” said the UN experts.

Ayyub is an independent journalist and writer whose work has included investigations into alleged crimes committed by public and government officials.

The experts recalled the murder of another Indian journalist, Gauri Lankesh, who had also received death threats for her work. [see: https://humanrightsdefenders.blog/2017/10/06/gauri-lankesh-and-gulalai-ismail-win-2017-anna-politkovskaya-award/]

The UN experts are: Special Rapporteur on extrajudicial, summary or arbitrary executions, Special Rapporteur on the situation of human rights defenders, Special Rapporteur on the promotion and protection the right to freedom of opinion and expression, Special Rapporteur on freedom of religion or belief and Special Rapporteur on violence against women.

https://www.indiatoday.in/pti-feed/story/un-experts-asks-india-to-protect-journalist-rana-ayyub-from-online-hate-campaign-1242829-2018-05-27

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Human rights defenders in Asia suffer reprisals says Gilmour

May 18, 2018

On 18 May 2018 several newspapers – such as The Guardian and Scoop (NZ) – carried a piece by Andrew Gilmour, UN Assistant Secretary-General for Human Rights based in New York, which describes with great frankness how human rights defenders in Asia are under attack. To quote liberally:

In February, hundreds of Filipino participants in the peace process, environmental activists and human rights defenders were labeled “terrorists” by their own government. The security of the individuals on this list is at stake, and some have fled the Philippines. The UN independent expert on the rights of indigenous peoples – Victoria Tauli-Corpuz – was on this list. This followed the vilification only months before of another UN independent expert – Agnès Callamard – who deals with extra-judicial executions. Philippine President Rodrigo Duterte declared that he wanted to slap her, and later announced that he would like to throw other UN human rights officials to the crocodiles. The national Commission on Human Rights in the Philippines was threatened with a zero budget and its former chair, Senator Leila de Lima, is in detention for her advocacy. [see also: https://humanrightsdefenders.blog/2018/03/10/there-seems-to-be-no-limit-to-what-duterte-is-willing-to-say-and-may-get-away-with/]

…..If governments in the region can target high profile human rights defenders and those associated with the UN with impunity, what is the message to others at community level who are not afforded the same visibility? ..

In the run up to the 2018 national elections in Cambodia, the Government has cracked down on the opposition, independent media and civil society. ..

In Myanmar, there were reports of violent reprisals by Tatmadaw, the armed forces, against civilians who met with Yanghee Lee, UN independent expert on Myanmar, following her visit to Rakhine State. …..

Bogus accusations of abetting terrorism are a common justification that we hear from governments to defend the targeting of the UN’s important civil society partners. We have countless cases of advocates charged with terrorism, blamed for cooperation with foreign entities, or accused of damaging the reputation or security of the state.

I recently met with a group of human rights defenders from across South-East and South Asia about their experiences, which in some cases have been made worse by speaking out or if they share information with the UN. The stories about these reprisals were common – they have been charged with defamation, blasphemy and disinformation. They are increasingly threatened and targeted for their work, indeed some have been labeled as terrorists. There were also accusations of activists being drug addicts or mentally unwell.

Some governments feel threatened by any dissent. They label human rights concerns as “illegal outside interference” in their internal affairs; or as an attempt to overthrow regimes; or as an attempt to impose alien “Western” values.

Opposition to economic development and investment projects seems to incite particular ire. Agribusiness, extractive industries, and large-scale energy initiatives, including those that involve indigenous peoples’ land, often bear the brunt of the backlash.

Women’s rights activists and advocates of the rights of lesbian, gay, bisexual, transgender and intersex persons seem to be particularly targeted. Many are ostracized by their communities, labelled as outcasts, or branded as immoral. Sexual violence is part of this backlash, including rape threats.

Those working for religious freedom have been called ‘anti-Islam’, they and their families threatened or harassed. When advocacy for religious tolerance intersects with that of women’s rights and sexual freedom, the stakes can be even higher.

……

We are taking these allegations seriously, and addressing particular incidents of reprisals with governments. Civil society has to be heard – for the sake of us all.

For more of my posts on reprisals: https://humanrightsdefenders.blog/tag/reprisals/

http://www.scoop.co.nz/stories/WO1805/S00115/human-rights-advocates-in-asia-under-attack.htm

https://www.theguardian.com/commentisfree/2018/may/18/imprisoned-threatened-silenced-human-rights-workers-across-asia-are-in-danger

 

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UN Experts urge USA not to deport human rights defenders like Maru Mora Villalpando

February 14, 2018

On 14 February 2018 a group of four UN human rights experts urged the United States Government to respect the rights of human rights defenders, amid concern over action being taken against a Mexican woman who campaigns to protect migrants’ rights. Maru Mora Villalpando, who has been in the US since 1996, is facing deportation proceedings after fronting a high-profile campaign against alleged human rights violations at a US immigrants’ detention centre, operated by a private company on behalf of the US government. [Ms. Villalpando, whose 20-year-old daughter is a US citizen, is co-founder of a group which highlights human rights concerns about the Northwest Detention Centre in Tacoma, Washington.  She has raised the issue with the UN Working Group on Arbitrary Detention and with the Inter-American Commission for Human Rights, alleging corporate involvement in human rights violations as well as expressing concern over hunger strikes and the deportation of migrants. The UN experts have been in contact with the Government regarding their concerns.]

“Ms. Villalpando’s notice to appear at deportation proceedings, received without warning, seems to be related to her advocacy work on behalf of migrant detainees”, the experts said. “We urge the US Government to protect and ensure Ms. Villalpando’s rights as a defender and her right to family life”.

“The authorities should take all necessary measures to guarantee that no action, including detention and deportation, as means of retaliation, is taken against Ms. Villalpando for reporting cases of the detention of immigrants and alleged violations of their human rights, especially in view of the reported conditions in these centres of detention”. The experts said they were concerned that Ms. Villalpando’s case appeared to be part of a pattern. “Giving people notice of deportation proceedings appears to be a part of an increasing pattern of intimidation and retaliation against people defending migrants’ rights in the US”, the experts said.

The UN experts are: Ms. Elina Steinerte, Vice-Chair on Communications of the UN Working Group on Arbitrary Detention; Mr. Felipe González Morales, Special Rapporteur on the human rights of migrants; Mr. Michel Forst, Special Rapporteur on the situation of human rights defenders; Ms. Anita Ramasastry, Chair person of UN Working Group on human rights and transnational corporations and other business enterprises

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22657&LangID=E

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Last straw?: U.N. Human Rights Rapporteur Barred By Myanmar

December 21, 2017

 Yanghee Lee, U.N. human rights special rapporteur to Myanmar, talks to journalists during a news briefing in Yangon, Myanmar, in July 2017.

Yanghee Lee, the U.N. special rapporteur on Myanmar, says she has been told that the Myanmar government will neither cooperate with her nor grant her access to the country for the remainder of her tenure. Lee was scheduled to visit Myanmar in January to assess human rights in the country, particularly in western Rakhine state, where the Rohingya are concentrated.

“I am puzzled and disappointed by this decision by the Myanmar Government,” she said in a statement. “This declaration of non-cooperation with my mandate can only be viewed as a strong indication that there must be something terribly awful happening in Rakhine, as well as in the rest of the country.” “Only two weeks ago, Myanmar’s Permanent Representative informed the Human Rights Council of its continuing cooperation with the UN, referencing the relationship with my role as Special Rapporteur,” Lee said. Amnesty International called Myanmar’s decision to bar Ms Lee “outrageous”. James Gomez, the group’s director for Asia and the Pacific, said: “It is a further indication that authorities will do anything they can to avoid international scrutiny of their human rights record.”  [see also: https://humanrightsdefenders.blog/2017/02/01/murder-of-human-rights-defender-ko-ni-in-myanmar/]

The U.N. says more than 630,000 Rohingya have fled Myanmar since ongoing military attacks that began in August. Doctors Without Borders estimates that 6,700 Rohingya were killed in the first month of the crackdown. Refugees streaming into neighboring Bangladesh have brought with them tales of rape and murder at the hands of Myanmar’s soldiers.

U.N. Human Rights Chief: Aung San Suu Kyi Could Be Culpable For Genocide

U.N. High Commissioner for Human Rights Zeid Ra’ad Al Hussain told the BBC this week that Myanmar’s nominal leader, Aung San Suu Kyi, and the head of the country’s armed forces could potentially face charges of genocide for their role in the crackdown. “Given the scale of the military operation, clearly these would have to be decisions taken at a high enough level,” he told the BBC. “And then there’s the crime of omission. That if it came to your knowledge that this was being committed, and you did nothing to stop it, then you could be culpable as well for that.” [see also: https://humanrightsdefenders.blog/2017/09/03/myanmar-time-for-aung-san-suu-kyi-to-return-at-least-some-of-her-many-human-rights-awards/]

Myanmar’s refusal to cooperate with the U.N. comes as the country set up a joint working committee for the return of Rohingya refugees with Bangladesh — where hundreds of thousands are housed in squalid border camps. Under an agreement signed last month in Dhaka, a 30-member working group is to be set up for the voluntary repatriation of Rohingya.

The authorities last week arrested Wa Lone and Kyaw Soe Oo, Reuters journalists who have been covering the Rohingya crisis, and the men are being held incommunicado at an undisclosed location. They were arrested after being invited to dine with police officers on the outskirts of Yangon, the commercial capital.  After the arrests, the ministry of information released a picture of the men in handcuffs and alleged they had “illegally acquired information with the intention to share it with foreign media”.

https://www.npr.org/sections/thetwo-way/2017/12/20/572197324/u-n-human-rights-investigator-barred-by-myanmar

https://www.ft.com/content/6f0674ec-e57d-11e7-97e2-916d4fbac0da

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Even landmark UN decision does not change Cambodia’s treatment of human rights defenders

March 11, 2017

I was reading (belatedly) about the UN Special Rapporteur on the situation of human rights in Cambodia, Rhona Smith, who in January 2017 intervened strongly in the case of the 5 Cambodian human rights defenders of ADHOC (#FreeThe5KH) who have been in detention since April last year. [https://humanrightsdefenders.blog/2016/05/04/civil-society-condemns-charges-human-rights-defenders-cambodia/] Only then did I realize that the case had led a few months earlier to a landmark decision by the United Nations Working Group on Arbitrary Detention (WGAD): the first time that any UN body has referred to HRDs as a protected group.

 

 

On 21 November 21, 2016, the WGAD ruled that the ongoing detention of Mr. Ny Chakrya, Deputy Secretary-General of the National Election Committee (NEC), and four staff members of the Cambodian Human Rights and Development Association (ADHOC), Messrs. Ny Sokha, Yi Soksan, Nay Vanda, and Ms. Lim Mony, was “arbitrary.” Following a submission made by the Observatory for the Protection of Human Rights Defenders (OMCT-FIDH partnership), the Cambodian Center for Human Rights (CCHR) and the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) in June 2016, the WGAD’s Opinion No. 45/2016 ruled that the five human rights defenders (HRDs) “have been discriminated against based on their status as human rights defenders, and in violation of their right to equality before the law and equal protection of the law under article 26 of the ICCPR.” This is the first time ever that the WGAD – or any other UN mechanism receiving individual complaints – has referred to HRDs as a protected group that is entitled to equal legal protection under Article 26 of the International Covenant on Civil and Political Rights (ICCPR). The ruling also recognised the violation of the five HRDs’ “rights to offer and provide professionally qualified legal assistance and other relevant advice and assistance in defending human rights.”

 In addition, the WGAD found that the targeting of ADHOC staff members for having provided “legitimate legal advice and other assistance” violated the five HRDs’ right to freedom of association. It ruled that violations of fair trial rights (including the fact that the five were denied legal counsel from the beginning of their questioning), unjustified pre-trial detention, and statements made by the Cambodian authorities which denied the five the presumption of innocence – all of which contravene Cambodia’s international human rights obligations in respect to the right to a fair trial – are also serious enough to consider their ongoing detention as arbitrary. The WGAD concluded that “the deprivation of liberty of Ny Sokha, Nay Vanda, Yi Soksan, Lim Monyand Ny Chakrya, being in contravention of articles 7, 9, 10, 11 and 20 of the Universal Declaration of Human Rights and of articles 9, 10, 14, 22 and 26 of the International Covenant on Civil and Political Rights, is arbitrary.”

That Cambodian authorities are not impressed is shown by the continued detention of the 5 ADHOC HRDs and by the press release of 7 February 2017 calling for the cessation of the politically motivated criminal investigation of human rights defenders Am Sam-at and Chan Puthisak. Amnesty International, Civil Rights Defenders, Human Rights Watch, and the International Commission of Jurists signed the statement.

Phnom Penh 20170207 PHTO
Cambodian police detain protesters during a protest to free jailed activists in Phnom Penh, Cambodia May 9, 2016.© Reuters/Samrang Pring

Cambodian officials have accused Sam-at, a respected human rights monitor at the Cambodian League for the Promotion and Defense of Human Rights (LICADHO) for nearly 20 years, and Puthisak, a land rights activist from Boeung Kak Lake and former prisoner of conscience, of instigating violence at an October 10, 2016 demonstration. Para-police forces, who are regularly used to suppress demonstrations, violently dispersed what had been a peaceful protest in Phnom Penh. When Puthisak attempted to prevent para-police from confiscating a drum that was being used by a demonstrator, four or five para-police attacked him, repeatedly beating him on the head with their fists, according to a video of the incident. When Sam-at tried to stop the assault, the para-police attacked him, also beating him on the head. Both men sustained injuries that needed medical attention.

“The investigation of Sam-at and Puthisak by the Cambodian authorities is a typically absurd and undisguised case of judicial harassment,” said Champa Patel, Southeast Asia and Pacific director at Amnesty International. “As usual, unnecessary and excessive use of force by the para-police goes unpunished, and those who work to promote and protect human rights find themselves subject to criminal proceedings.”

 ​

Sources:

http://www.un.org/apps/news/story.asp?NewsID=56036#.WMP0Dhhh2V4

Cambodia: In landmark decision, UN body declares the detention of five human rights defenders arbitrary #FreeThe5KH / December 18, 2016 / Urgent Interventions / Human rights defenders / OMCT

https://www.hrw.org/news/2017/02/07/cambodia-drop-farcical-investigation-human-rights-defenders

Posted in AI, Civil Rights Defenders (NGO), FIDH, HRW, human rights, Human Rights Defenders, ICJ, Observatory for the Protection of Human Rights Defenders, OHCHR, OMCT, UN | Leave a Comment »
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UN rapporteurs urge India to repeal law restricting human rights defenders access to foreign funding

June 17, 2016

While most attention on the issue of foreign funding of NGOs has gone to Russia, which for this purpose invented the ‘foreign agent’ law, [https://thoolen.wordpress.com/tag/foreign-agent-law/], another big country – India – has been stepping up its own version through a law restricting civil society access to foreign funding:

UN Special Rapporteur on the situation of human rights defenders Michel Forst. Photo: MINUSTAH

On 16 June 2016 three United Nations rapporteurs on human rights called on the Government of India to repeal a regulation that has been increasingly used to obstruct civil society’s access to foreign funding. The experts’ call comes as the Indian Ministry of Home Affairs suspended for six months the registration of the non-governmental organization Lawyers Collective, under the Foreign Contribution Regulation Act (FCRA), according to a news release from the Office of the UN High Commissioner for Human Rights (OHCHR) in Geneva. [see also my post form 2013: https://thoolen.wordpress.com/2013/11/05/india-should-end-funding-restraints-on-human-rights-defenders-says-hrw/]

The suspension was imposed on the basis of allegations that its founders, human rights lawyers Indira Jaising and Anand Grover, violated the act provisions by using foreign funding for purposes other than intended.

“We are alarmed that FCRA provisions are being used more and more to silence organisations involved in advocating civil, political, economic, social, environmental or cultural priorities, which may differ from those backed by the Government,” said UN Special Rapporteurs on human rights defenders, Michel Forst, on freedom of expression, David Kaye, and on freedom of association, Maina Kiai.

Despite detailed evidence provided by the non-governmental organization (NGO) to rebut all allegations and prove that all foreign contributions were spent and accounted for in line with FCRA, the suspension was still applied. “We are alarmed by reports that the suspension was politically motivated and was aimed at intimidating, delegitimising and silencing Lawyers Collective for their litigation and criticism of the Government’s policies,” the experts said noting that the NGO is known for its public interest litigation and advocacy in defence of the most vulnerable and marginalised members of Indian society.

Many civil society organizations in India now depend on FCRA accreditation to receive foreign funding, which is critical to their operations assisting millions of Indians in pursuing their political, cultural, economic and social rights. The ability to access foreign funding is vital to human rights work and is an integral part of the right to freedom of association. However, FCRA’s broad and vague terms such as ‘political nature’, ‘economic interest of the State’ or ‘public interest’ are overly broad, do not conform to a prescribed aim, and are not a proportionate responses to the purported goal of the restriction.

“Human rights defenders and civil society must have the ability to do their important job without being subjected to increased limitations on their access to foreign funding and the undue suspension of their registration on the basis of burdensome administrative requirements imposed to those organizations in receipt of foreign funds,” the UN human rights experts concluded.

Source: United Nations News Centre – UN rights experts urge India to repeal law restricting civil society access to foreign funding

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UN Rapporteurs urge Ethiopia to end violent crackdown and impunity

February 10, 2016

On 21 January 2016 a group of United Nations Rapporteurs (Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association; David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Michel Forst, Special Rapporteur on the situation of human rights defenders; Christof Heyns, Special Rapporteur on extrajudicial, summary or arbitrary executions; and the Working Group on Enforced or Involuntary Disappearances) called on the Ethiopian authorities to end the ongoing crackdown on peaceful protests by the country’s security forces, who have reportedly killed more than 140 demonstrators and arrested scores more in the past nine weeks. “The sheer number of people killed and arrested suggests that the Government of Ethiopia views the citizens as a hindrance, rather than a partner,” the independent experts said, while also expressing deep concern about allegations of enforced disappearances of several protesters.

The current wave of protests began in mid-November, in opposition to the Government’s ‘Addis Ababa Integrated Development Master Plan’ to expand the capital’s municipal boundary. The ‘Master Plan’ could reportedly lead to mass evictions and the seizure of agricultural land in the Oromia region, as well as extensive deforestation. The UN experts welcomed the Government’s announcement on 12 January 2016 suspending the implementation of the ‘Master Plan’, but were concerned about continuous reports of killings, mass arrests, excessive use of force and other abuses by security forces. “The Government’s decision is a positive development, but it cannot be seen as a sincere commitment until the security forces stop their crackdown on peaceful protests,” they said. “The role of security forces should be to protect demonstrators and to facilitate peaceful assemblies, not suppress them.”

“We call on the Government to immediately release protesters who seem to have been arrested for exercising their rights to freedom of peaceful assembly and expression, to reveal the whereabouts of those reportedly disappeared and to carry out an independent, transparent investigation into the security forces’ response to the protests,” the experts said.  “Impunity, on the other hand, only perpetuates distrust, violence and more oppression.”

The UN independent experts also expressed grave concern over the Ethiopian Government’s application of the Anti-Terrorism Proclamation 652/2009 to arrest and prosecute protesters, labelling them as ‘terrorists’ without substantiated evidence. This law authorises the use of unrestrained force against suspects and pre-trial detention of up to four months. “Ethiopia’s use of terrorism laws to criminalize peaceful dissent is a disturbing trend, not limited to the current wave of protests,” they experts noted. “The wanton labelling of peaceful activists as terrorists is not only a violation of international human rights law, it also contributes to an erosion of confidence in Ethiopia’s ability to fight real terrorism. This ultimately makes our world a more dangerous place.”

How the law was used recently is clear from the case of the “Zone 9” bloggers. Fortunately, on 16 October 2015 Front Line was able to report that all “Zone 9” bloggers were cleared of terrorism charges by the Federal Court in Addis Ababa. All bloggers and journalists whose terrorism charges have been dropped are members of the “Zone 9” and prominent social media activists. With the exception of Soliana Shimelis, the other human rights defenders, namely Mss Mahlet Fantahun and Edom Kassaye and Messrs Natnael Feleke, Befekadu Hailu, Atnaf Birhane, Zelalem Kibret, Abel Wabela, Tesfalem Weldyes and Asmamaw Haile Giorgis, were arrested on 25 and 26 April 2014 and remained in detention for over a year before being freed.  The human rights defenders’ lawyer stated that “all the evidence presented was very weak to prove they were planning any kind of terrorism”. However, charges of inciting violence remain pending against Befekadu Hailu, who might face a ten-year imprisonment sentence if convicted. See: https://www.frontlinedefenders.org/node/29137

On Ethiopia: https://thoolen.wordpress.com/2015/02/14/suffocating-dissent-in-ethiopia-counterpunch-tells-the-facts-and-names-the-names/

http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=16977&LangID=E

Posted in Front Line, human rights, Human Rights Defenders, UN | 3 Comments »
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Sombath Somphone: third anniversary of his disappearance in Laos

January 4, 2016

The first Newsletter of Michel Forst, the UN Special Rapporteur on Human Rights Defenders, recalls the case of Sombath Somphone, who is a founder of non-governmental organisations in the field of education and rural development He is one of the best-known defenders of social rights in Laos. For all his works and his actions he has received numerous international awards including the Ramon Magsaysay Award for Community Leadership.

Since 15 December 2012, Sombat Sombone is missing. A CCTV footage shows his last moments before his disappearance. According to these images, a motorcycle policeman asks him to get off his vehicle before two men in a vehicle took him. Various international actors, including delegations from the European Parliament and members of the Association of Southeast Asian Nations, went on-site during official visits and used these occasions to question authorities about the situation of Sombath Sompone. According to the feedbacks of these visits, no progress has been made in the investigation into his disappearance and no concrete answer was given to their questions. Thus, many calls were made both by civil society organisations and international institutions in order to have answers on the disappearance of Sombath Sompone and the ones of many others political opponents and other disappeared persons. [https://thoolen.wordpress.com/2015/12/31/happy-new-year-that-2016-may-be-a-better-year-for-human-rights-defenders/]

A year after the disappearance of Sombath Sompone, several Special Rapporteurs, including the Special Rapporteur on the situation of human rights defenders, issued a statement encouraging the Laotian authorities to intensify their efforts in the investigation process into his disappearance. See also: https://thoolen.wordpress.com/2014/12/24/laos-un-experts-on-two-year-old-disappearance-of-human-rights-defender-sombath-somphone/

On 15 December 2015, The Diplomat carried an interview with Ng Shui Meng, the wife of Sombath Somphone. She continues to campaign for his release. Ahead of the third anniversary and when Laos officially takes over as chair of ASEAN in 2016, she spoke with John Quinley III. An edited version of that interview follows. http://thediplomat.com/2015/12/interview-remembering-the-disappearance-of-sombath-somphone/

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