Steven Donziger, the human rights lawyer who took on Chevron, spent nearly a thousand days in jail or on house arrest. Amnesty says it was corporate retaliation.
This article originally appeared on 26 April at Common Dreams:
Human rights lawyer Steven Donziger walked free Monday after 993 days of detention stemming from his decades-long legal fight with Chevron, which deployed its vast resources in a campaign to destroy Donziger after he won a $9.5 billion settlement against the fossil fuel giant over its pollution of the Amazon rainforest.
“It’s over. Just left with release papers in hand,” Donziger wrote on Twitter. “Completely unjust that I spent even one day in this Kafkaesque situation. Not looking back. Onward.”
“We are relieved that Steven Donziger will finally recover his freedom after almost 1,000 days of arbitrary detention, which included 45 days in prison and over 900 days under house arrest,” Daniel Joloy, senior policy advisor at Amnesty International, said in a statement Monday. “He should have never been detained for even one day, as it has been clear the whole process against him has been in retaliation for his human rights work that exposed corporate wrongdoings.”
“Corporations must not be allowed to continue abusing the U.S. justice system to silence and intimidate human rights defenders or anyone else exposing their wrongdoing,” Joloy added.
…In 2014, a federal judge with ties to Chevron ruled that Donziger was guilty of a “pattern of racketeering activity,” a charge he has denied. U.S. District Judge Lewis Kaplan’s decision was based on testimony from a witness who later admitted to lying.
On 12 April, 2022, the annual Country Reports on Human Rights Practices was made public. The Human Rights Reports 2021 cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights and other international agreements. The U.S. Department of State submits reports on all countries receiving assistance and all United Nations member states to the U.S. Congress in accordance with the Foreign Assistance Act of 1961 and the Trade Act of 1974. For nearly five decades, the United States has issued the Country Reports on Human Rights Practices, – in 2021, covering 198 countries and territories. The preface states that: “The Biden Administration has put human rights at the center of U.S. domestic and foreign policy. We have also recognized our nation has not always succeeded in protecting the dignity and rights of all Americans, despite the proclamations of freedom, equality, and justice in our founding documents. It is through the continued U.S. commitment to advance human rights, both domestically and internationally, that we best honor the generations of Americans who are Black, Brown, or other people of color, indigenous peoples, persons with disabilities, LGBTQI+ persons, immigrants, women and girls, and other historically marginalized groups whose advocacy for their rights and for others has pushed America toward a “more perfect union.
President Biden has called the defense of democracy and human rights the defining challenge of our time. By convening the first Summit for Democracy in December 2021 – bringing together representatives from 100 governments as well as civil society and the private sector – he sparked global attention and vigor toward democratic renewal and respect for human rights. Participating governments made significant commitments to revitalize democracy at home and abroad at the first Summit on which we expect meaningful progress during the current Year of Action and before the time of a second Summit.
The reports paint a clear picture of where human rights and democracy are under threat. They highlight where governments have unjustly jailed, tortured, or even killed political opponents, activists, human rights defenders, or journalists, including in Russia, the People’s Republic of China, the Democratic People’s Republic of Korea, Nicaragua, and Syria. They document abuses of peaceful protestors demanding democracy and fundamental freedoms in countries such as Burma, Belarus, Cuba, Hong Kong, and Sudan. They highlight worrying cases of transnational repression – where governments reach across borders to harass, intimidate, or murder dissidents and their loved ones – as exemplified in the dangerous forced diversion by Belarus of an international commercial flight for the sole purpose of arresting a critical independent journalist.
But they also contain signs of progress and glimmers of hope, as the indomitable will to live freely can never be extinguished. In Iraq, people cast their votes to shape the future of their country in more credible and transparent parliamentary elections than in 2018. In Botswana, a court advanced the human rights of LGBTQI+ persons by upholding the decriminalization of same-sex relations. In Turkmenistan, all imprisoned Jehovah’s Witnesses conscientious objectors to military service were pardoned, a win for freedom of religion or belief. The stability, security, and health of any country depends on the ability of its people to freely exercise their human rights – to feel safe and included in their communities while expressing their views or gender, loving who they love, organizing with their coworkers, peacefully assembling, living by their conscience, and using their voices and reporting from independent media to hold governments accountable. There is much progress to be made, here in the United States and globally. But I know that by working together in the Year of Action and using resources like the Country Reports on Human Rights Practices, we can come closer to building a world where respect for human rights is truly universal.
In a reaction on the report human rights activists focused on China said theat they want the State Department to reboot the report’s format to address documentation blind spots and connect it to policy and initiatives to stop the violations and provide accountability for victims.
“It’s a descriptive, objective document but largely of human rights developments that had been already extensively reported by the media, by NGOs, and by human rights bodies within the UN and in many cases at greater detail and length. … It is essentially a recap,” said Sharon Hom, executive director of the New York City-based nonprofit Human Rights in China. “Since it appears to take quite a bit of resources to produce each year, I’d say that going forward, they reference and aggregate some of the developments within three very important, bigger trends like digital authoritarianism, [foreign] influence operations, and [China’s] growing extraterritorial reach.” [from https://www.politico.com/news/2022/04/13/china-activists-state-dept-human-rights-00024876]
On Monday, 14 March, 2022 Secretary of State, Antony J. Blinken, hosted the annual International Women of Courage (IWOC) Awards in a virtual ceremony at the U.S. Department of State. The 2022 IWOC Award ceremony honours a group of twelve extraordinary women from around the world. The First Lady of the United States, Dr. Jill Biden, delivered remarks in recognition of the courageous accomplishments of this year’s IWOC awardees. For more on this award and its laureates, see: https://www.trueheroesfilms.org/thedigest/awards/A386E593-5BB7-12E8-0528-AAF11BE46695
Out of an abundance of caution due to the COVID-19 pandemic, and in order to practice safe social distancing, the ceremony was live streamed on www.state.gov.
Now in its 16th year, the Secretary of State’s IWOC Award recognizes women from around the globe who have demonstrated exceptional courage, strength, and leadership in advocating for peace, justice, human rights, gender equity and equality, and the empowerment of women and girls, in all their diversity – often at great personal risk and sacrifice. U.S. diplomatic missions overseas nominate one woman of courage from their respective host countries and finalists are selected and approved by senior Department officials. Following the virtual IWOC ceremony, the awardees will participate in an International Visitor Leadership Program (IVLP) Virtual exchange to connect with their American counterparts and strengthen the global network of women leaders. The 2022 awardees are:
In a letter to President Biden, the organizations state: “More than four months since a discerning opinion by the UN Working Group on Arbitrary Detention that found Steven Donziger’s detention to be arbitrary, U.S. judicial authorities have thus far failed to take any action to remedy the situation and implement the Working Group’s call to ensure Mr. Donziger’s immediate release.” See also: https://humanrightsdefenders.blog/2020/08/17/steven-donziger-speaks-out-himself-about-being-targetted-by-chevron
In a statement in October 2021, President Biden promised the U.S. would “stand in solidarity with, and continue to work tirelessly in support of, the activists, human rights defenders, and peaceful protestors on the front lines of the struggle between freedom and tyranny.”All the while, the administration has failed to side with the brave human rights defenders within the United States and respond to the demand of the U.N. Working Group on Arbitrary Detention, Congress, and the international community to free Steven Donziger.
“Steven Donziger is a human rights defender that bravely stood up against one of the most powerful corporations in the world,” said Daniel Joloy of Amnesty International. “In response, he has endured years of harassment, intimidation, smear campaigns and more than two years in arbitrary detention. President Biden must now listen to the over 100 human rights and environmental organizations calling to pardon Steven Donziger and ensure he is released immediately and unconditionally. Allowing this ordeal to continue only sends a chilling message that corporations around the world can continue attacking human rights defenders without consequences.”
Paul Paz y Miño of Amazon Watch said “Instead of supporting the people of Ecuador who were poisoned by Chevron’s admitted deliberate dumping of billions of gallons of toxic waste, Biden has turned a blind eye to the persecution of a key lawyer who worked to win a historic judgment against Chevron. The U.S. government’s responsibility should be to make Chevron clean up its waste and support efforts to hold the fossil fuel company accountable, not allow the appointment of a private prosecutor with ties to the very same oil company to imprison human rights lawyer Steven Donziger. This travesty has gone on for over two years, and Biden has ignored members of the E.U. parliament, members of the House and Senate, and even the United Nations High Commissioner for Human Rights. Well over 100 organizations are now demanding action, and Biden’s lack of action continues to be a dark stain on his alleged claims to respect human rights. Oil companies do not prosecute and imprison people in the U.S. This must end now.”
Chevron’s legal attack on Donziger is not the first, nor will it be the last case of its kind. Right now, the right to dissent is being repressed by both our government and corporations
Annie Leonard, co-Executive Director Greenpeace USA
Simon Taylor, Co-Founder & Director, Global Witness said “I have spent much of the past 25 years seeking accountability of the fossil fuel industry for its gross human rights abuses and other crimes. Amongst the judicial authorities we have liaised with during this time, the Southern District of New York has stood as a beacon in this fight against criminality. Shockingly, just as Biden gears up this struggle, New York’s judicial authorities seem instead intent on destroying their reputation, thanks to their apparent complicity in the unprecedented corporate prosecution and judicial harassment of Steven Donziger. These acts, in my experience, are more what I would expect from one of the ‘Banana Republics’ we have investigated around the world. These are shameful acts. If Biden is serious about tackling the climate crisis, he cannot allow the fossil fuel industry to weaponise the US judicial system to go after its detractors – Biden must act now and release Steven Donziger.”
In Newsweek of 3 February 2022 Omar Baddar, Director of the Arab American Institute, published an opinion piece entitled “Amnesty Settles It: It’s Time for U.S. Accountability on Israel”.
Amnesty International, issued on 1 February 2022 an extensive report titled “Israel’s Apartheid against Palestinians: Cruel System of Domination and Crime against Humanity.” As the report documents, “Israel has imposed a system of oppression and domination over Palestinians wherever it exercises control over the enjoyment of their right.” The report further found that Israel’s policies are part of a “systematic as well as widespread attack directed against the Palestinian population, and that the inhuman or inhumane acts committed within the context of this attack have been committed with the intention to maintain this system and amount to the crime against humanity of apartheid.“
Omar Baddar, states: The most important consequence of this consensus is that it lays to rest the false but popular notion of an “Israeli-Palestinian conflict” between two equal sides. The new consensus instead frames the issue more accurately as a struggle between an oppressor and an oppressed people. In the same way that Apartheid in South Africa and Jim Crow segregation in the American South denied people the ability to live in freedom with their full rights simply because of who they are, Israel also denies freedom to Palestinians and many basic rights to Palestinians just because they are Palestinians.
Like the Human Rights Watch report before it, what’s remarkable about the new Amnesty report is how extensive and detailed it is. Amnesty did its due diligence and made sure that its central claims are backed by a mountain of evidence, meticulously documenting unlawful killings, forced displacement and systemic discrimination on a massive scale. Unsurprisingly, the devastating and irreproachable nature of this report triggered a meltdown among Israel’s apologists. See for this also: https://yubanet.com/world/human-rights-organizations-from-israel-condemn-vicious-attacks-on-amnesty-international/
Unable to argue with the substance of the Amnesty report, pro-Israel groups have resorted either to blindly asserting—as AIPAC did—that Amnesty was lying, or baselessly claiming—as the ADL did—that the report would spark antisemitic attacks. The latter is nothing short of a cynical weaponization of antisemitism—which, in fact, is a serious and rising scourge in America and across the world—unscrupulously exploited in order to silence criticism of Israeli government policy.
We cannot have the open debate we need in a free society if speaking honestly about Israeli policy results in smears of bigotry. By misusing the charge of antisemitism in this fashion, Israel’s apologists aren’t just harming the human rights defenders being smeared by it; they’re also harming the real effort to eliminate antisemitism—a goal that we all have a moral obligation to come together and accomplish.
What this Amnesty report should have done is serve as a wake-up call to an American political establishment that prioritizes pandering over sensible policy, and that has turned a blind eye to a grave injustice for far too long. After all, it is U.S. military funding, to the unrivaled tune of $3.8 billion per year, which enables the Israeli military to maintain its suffocating grip on the occupied Palestinian population, and it is U.S. diplomatic protection, through more than 40 vetoes at the UN Security Council and beyond, that shields Israel from accountability for its crimes.
And yet, despite repeatedly claiming to prioritize human rights in its foreign policy, the Biden administration’s reaction to this report was utterly disappointing. The administration rejected it out of hand.
The Amnesty report bemoans the fact that, “for over seven decades, the international community has stood by as Israel has been given free rein to dispossess, segregate, control, oppress and dominate Palestinians.” It criticizes countries like ours that have “actively supported Israel’s violations by supplying it with arms, equipment and other tools to perpetrate crimes under international law and by providing diplomatic cover, including at the UN Security Council, to shield it from accountability.” The report also reiterated its call for “states to immediately suspend the direct and indirect supply, sale or transfer of all weapons, munitions and other military and security equipment.”
A computer programmer, blogger and high-profile activist who mobilized youths in the uprising that unseated autocrat Hosni Mubarak, Abdel Fattah had been in pre-trial detention since September 2019.
Abdel Fattah, his lawyer Mohamed al-Baqer and blogger Mohamed “Oxygen” Ibrahim were convicted of “broadcasting false news” in their trial in Cairo.
A judicial source, speaking on condition of anonymity, confirmed the verdict and sentencing to AFP.
Rulings in the court cannot be appealed. They require final approval by President Abdel Fattah al-Sisi.
Washington, which has already frozen 10 percent of its aid to Egypt over repeated rights violations, said it was “disappointed” by the sentence. “Journalists, human rights defenders, and others seeking to peacefully exercise their freedom of expression should be able to do so without facing criminal penalties, intimidation, harassment, or any other form of reprisal,” said State Department spokesman Ned Price.
The verdict “demonstrates the lengths to which authorities are willing to go to punish these journalists for their work”, said Sherif Mansour, CPJ’s Middle East and North Africa Coordinator. “Both journalists have already spent several years in prison on bogus charges, and authorities must release them immediately and unconditionally,” Mansour added.
Human Rights Watch on Sunday slammed “the government’s rush to use emergency courts… after holding people illegally for years in pretrial detention”. The New York-based rights watchdog then said that if Abdel Fattah and the other activists were to be sentenced, this would confirm “that fierce repression of peaceful critics remains the order of the day in Egypt”.
Abdel Fattah has spent most of the past decade in jail at Tora, one of the country’s most notorious prisons, after previous convictions. His mother, mathematics professor Laila Soueif, wrote in a New York Times opinion piece published on Saturday that “the outside world, once so inspired by the Egyptian revolutionaries, is looking away. His crime is that, like millions of young people in Egypt and far beyond, he believed another world was possible. And he dared to try to make it happen.”
Prolific writer Abdel Fattah’s critically acclaimed essay collection “You Have Not Yet Been Defeated” was published in October.“At its fundamental core, his writing is attached to justice,” Soueif told AFP in October when the book was released.
Ahead of the trial session, Egypt’s foreign ministry lambasted the German government on Saturday for a statement calling for a “fair trial” and the release of the three dissidents. Cairo described the German foreign ministry’s call as “a blatant and unjustified meddling in Egyptian internal affairs”.
In a 2019 interview with the show 60 Minutes on US broadcaster CBS, Sisi said there were no political prisoners in Egypt. And – of course – the official reaction to interventions was: Egypt’s foreign ministry stressed on Monday that it was absolutely not appropriate to comment on or in any way refer to an independent judicial process.
On 30 October 2021 AFP reported that a group of UN human rights experts called for the immediate release of Vietnamese activist Pham Doan Trang (pic), who is awaiting trial after a year in detention. The prominent Vietnamese author, who campaigns for press freedom and civil rights, was arrested in October last year. [see: https://www.trueheroesfilms.org/thedigest/laureates/fe8bf320-1d78-11e8-aacf-35c4dd34b7ba]
Trang has pushed for change on a host of controversial issues, including land grabs and LGBTQ rights. “Pham Doan Trang is only the latest victim of the authorities’ use of vaguely-defined propaganda charges to persecute writers, journalists and human rights defenders,” the experts said in a statement.
The UN experts said the charges against her stem from at least three human rights reports she co-authored, plus interviews with foreign media. They accuse the authorities of “criminalising the exercise of their right to freedom of opinion”.
“We urge the authorities to immediately and unconditionally release Ms Pham Doan Trang.“
The UN experts included the special rapporteurs on the right to freedom of opinion, on human rights defenders, and on the right to physical and mental health.
For many years, the United Arab Emirates has been one of Washington’s most repressive military allies. Its brutal targeting of human rights defenders, its leadership role with Saudi Arabia in the war on Yemen, and its crushing of any internal political dissent has made it a focus of Human Rights First’s advocacy for a decade.
I visited the Emirates for Human Rights First in 2015 to research how bad things were, and things have only become worse — the few activists who weren’t intimidated into silence in 2015 have now been pushed into exile or sentenced to long terms in prison.
Washington continues to enable the Emirates’ dictatorship with weapons and political support; in April the Biden administration confirmed it would proceed with a $23 billion arms deal. But having powerful friends in Washington, and pushing Dubai’s glitzy image of tourism and shopping, can’t hide the reality of what really happens in the UAE.
Click below or listen here to my appearance on a podcast by the European Centre for Democracy and Human Rights (ECDHR) for more on what’s happening in the UAE behind their PR mask.
When Guerline Jozef, co-founder and executive director of the San Diego-based Haitian Bridge Alliance, learned that she had won this year’s RFK award, she wanted to celebrate in another way. She brought the ceremony to the border and led a group, including Robert F. Kennedy Human Rights staff and musician Wyclef Jean, to the Tijuana Immigration Shelter and then to the Otaimesa Detention Center, which houses detainees at the Immigration and Customs Department.
“We wanted to bring this award to people on both sides of the border and let them know that it was for them,” Joseph said. “We hear them. We see them. We keep fighting for them.”
“We went to the border because we heard there were Haitians,” she said in a speech outside the detention center, recalling the early days of her organization’s activities in Tijuana. “We went for the Haitians, but we stayed for everyone, and we continue to fight for everyone.
Kerry Kennedy, daughter of Robert F. Kennedy and president of Robert F. Kennedy Human Rights, has known Ms Joseph for three years since working together to help Haiti and Cameroon immigrants in Tijuana.
“The great thing about Guerline is that she’s tackling a big problem. She works in a crucible of poverty, race and immigrants,” Kennedy said. “
According to Joseph, her parents gave up a comfortable life in Haiti to move to the United States after the coup. Back in Haiti, they had a big house and her father was the mayor. In the United States, the father became a taxi driver and the mother became a housekeeper. Both worked long hours to take care of their families.
New York, NY – Eric K. Ward, a nationally-recognized expert on the relationship between authoritarian movements, hate violence, and preserving inclusive democracy, will receive the 21st annual Civil Courage Prize virtually on Friday, October 29, 2021.
This is the first time in the award’s history that an American has won the prize, revealing the dangerous proliferation of hate crimes and political violence by authoritarian and extremist movements in the United States.
In his 30+ year civil rights career, Ward has worked with community groups, government and business leaders, human rights advocates, and philanthropists to combat white supremacy, extremism, and anti-democratic activities of the far right. The recipient of the Peabody-Facebook Futures Media Award, Ward’s widely quoted writings and speeches are credited with key narrative shifts in the fight to take white supremacist violence seriously. He currently serves as Executive Director of Western States Center, Senior Fellow with Southern Poverty Law Center and Race Forward, and as Chair of The Proteus Fund.
“There are few with more experience in the realm of civil courage in the United States than Eric Ward. Eric understands the deep connections between creating and sustaining inclusive, democratic institutions and combating extremism, bigotry and racism in all its forms,” said George Biddle, Train Foundation Trustee. “We commend Eric for spending his career and life demonstrating how extremism can only be mitigated through non-violent action and facilitating common ground.”
“The fact that I am the first ever American to win this prize is a clear and jarring message from The Train Foundation to governments and civil society domestically and internationally: the rise of authoritarianism and violent extremism has ended all illusions of ‘American exceptionalism.’ America’s dream of achieving a multiracial and inclusive democracy is in danger, said Eric Ward. “Bigoted and authoritarian ideological movements are now an active threat to the very structures of our democracy established by the 1960s Civil Rights movement. I am grateful and proud to accept this honor on behalf of all those who continue the struggle towards a strong, multicultural democracy.”
Eric Ward has a special interest in the use of music to advance inclusive democracy. In 2020 he helped to launch the Western States Center Inclusive Democracy Culture Lab which works with musicians to create new narratives about anti-bigotry and inclusion, puncture the myths driving our political and social divisions, and invite people who don’t always trust politicians and movement leaders into the safe and trusting conversational space that exists between a performer and their audience.
Ward began his civil rights career at a time when the white nationalist movement was engaged in violent paramilitary activity that posed a threat to democracy and democratic participation in the Pacific Northwest. He founded and directed a community project designed to expose and counter hate groups and respond to bigoted violence before joining the staff of the Northwest Coalition Against Malicious Harassment, where he worked with government leaders, civil rights campaigners, businesses leaders and law enforcement officials in establishing over 120 task forces focused on human rights and anti-violence in Colorado, Idaho, Montana, Oregon, Washington, and Wyoming.
Ward considers himself ‘lucky’ to have had the experience of working closely side-by-side with people who decided to leave any movements which pose a threat to democracy. “I can’t take a lot of claim for that,” he said in an interview with Floss Media earlier this year. “What I think I presented was a doorway out. The truth is when we break this binary of white supremacy and the white nationalism that is trying to turn it into something new, what we find out is we have a lot of problems in common. We also have a lot of dreams in common.”
