Posts Tagged ‘USA’

Abuse of nature and people: Environmental and Justice Activists Need to Join Forces

June 7, 2020

Image: Stournsaeh/Shutterstock

Cayte Bosler wrote on 3 June 2020 for the General Earth Institute a blog repeating the often heard warning that “Environmental and Justice Activists Need to Join Forces“. (https://blogs.ei.columbia.edu/2020/06/03/environmental-justice-activists/). It also relates this to the recent upheavals in the USA started by the killing of George Floyd:

Resistance inspires. Defiance in the face of a violent, oppressive culture can inspire another person’s defiance. Even when an uprising is only beginning, when the path forward is unclear, it is essential to resist. All together. The goal: to defeat a system fundamentally, historically, and intentionally based on mass exploitation in the interest of profit for a privileged few.

The environmental movement can learn from those who come from a tradition of resistance and have organized their struggle in movements like Black Lives Matter and Idle No More, founded by First Nations. The protests enveloping our country today are seeded by centuries of injustice and violence, by underlying power imbalances and inequalities that have never been truly addressed. The founders of these social movements knew then and now that they cannot combat violent oppressors through pure persuasion. So they resist.……….

Environmentalists and justice activists cannot stay isolated in their movements. To be effective at combating climate change and countless other social and environmental injustices, we must acknowledge the links between the abuse of nature and people, and devise strategies to protect the planet, to resist its demise – even when doing so is frightening. Especially then. Ultimately, resisting mass exploitation on all fronts is the only thing that will make us safer.

For many — especially people of color — the impacts of climate change and the degradation of environmental harm are not a future concern. It is life or death, and it’s happening now. If we want to reverse the losses, we need to begin to speak honestly to each other about the long history of abuse that has led to the unrest, rage, and grief that we feel today. We need to confront how power works in society, including in regions where exploitation of indigenous people and the ecosystems they call home go unnoticed by mainstream media….

In addition to poverty, lack of clean air, safe drinking water, health care, and more—all of which lead to “preexisting conditions”—many communities of color are confronted with the threat of coronavirus and are more vulnerable to the pandemic. Reports estimate that people of color are twice as likely to die from COVID-19…….

The author provides several examples from her own field work and experience……

How can we endeavor to protect the planet when its frontline defenders are being killed or intimidated by state-sanctioned violence? How can we expect to solve the climate crisis if our strategies do not include protecting life above corporate, government, and elite interests? Again, environmental advocates can learn from movements born from violent exploitation who are organizing to resist that violence.

Viable movements need supportive cultures to sustain them. They require healthy norms of behavior, processes to handle conflict, and ways to defeat destructive internal divisions and competition that stymie even the best-intentioned efforts toward progress. Horizontal hostility—a concept defined by Florynce Rae Kennedy, an African American lawyer, feminist, civil rights advocate, lecturer, and activist—occurs when activists fight against each other over differences rather than vertically against the oppressor. This behavior leaves relationships, activist networks, and movements in shreds.

A livable planet for all requires solidarity, using our shared principles and humanity to rise together to protect nature and banish injustice.

Cayte Bosler is a student in Columbia’s Sustainability Management masters program.

see also: https://humanrightsdefenders.blog/2019/08/06/environmental-human-rights-defenders-more-deadly-than-being-a-soldier-in-a-war-zone/

https://humanrightsdefenders.blog/2020/04/24/land-rights-defenders-are-the-main-target-of-those-destroying-the-environment/

Facebook engineers resign due to Zuckerberg’s political stance

June 6, 2020
Image courtesy of Yang Jing/Unsplash

Yen Palec on 6 June 2020 writes that a group of Facebook employees recently resigned. They do not agree with Mark Zuckerberg’s political stance. Some engineers are condemning the executive for his refusal to act on issues about politics and police brutality.

See: https://humanrightsdefenders.blog/2020/06/03/more-on-facebook-and-twitter-and-content-moderation/

In a blog post, the engineers claim that Facebook has become a “platform that enables politicians to radicalize individuals and glorify violence.”.. Several employees, many of whom are working at home due to the pandemic, are criticizing the company. While some claim that the First Amendment protects these hate posts, many are arguing that it has gone too much…..

These criticisms are coming from some of Facebook’s early and tenured employees. Among those that vent their criticism are Dave Willner and Brandee Barker. They claim that the company’s policy may result in a double standard when it comes to political speech…..

In terms of political speech, Twitter’s action set the standard for tech companies to follow. Human rights activists and free speech defenders rally into Twitter’s side, one major platform did not: and that’s Facebook. As the biggest social media platform in the world, the company has the power to influence almost any political debate.

https://micky.com.au/facebook-engineers-resign-due-to-zuckerbergs-political-stance/

19 of the Most Influential Civil Rights Leaders of the 21st Century in the USA

June 6, 2020

The killing of George Floyd has brought a renewed focus on racial injustices in the American criminal justice system, which include mass incarcerations and excessive  punishment. [see also: https://humanrightsdefenders.blog/2020/06/06/civicus-expresses-solidarity-with-us-protesters-in-their-struggle-for-justice/ ]

Today’s civil rights leaders have picked up the mantle once held by Martin Luther King Jr., Malcolm X, Roy Wilkins, and Dorothy Height. ……

Hristina Byrnes and John Harrington in 24/7 Tempo of 4 June 2020 have compiled a list of the most important civil rights leaders of the 21st century. They created the list after reviewing biographies and news stories from resource material, websites of organizations such as the National Association for the Advancement of Colored People, the Nobel Prize website, and media sites.

Click here to see the most important civil rights leaders of the 21st century

Click here to read the detailed findings and methodology

CIVICUS expresses solidarity with US protesters in their struggle for justice

June 6, 2020

On 4 June 2020 Johannesburg-based NGO CIVICUS 2020 issued a statement saying that US law enforcement agencies and decision makers must respect the right to protest.

Global civil society alliance, CIVICUS, condemns violence against protesters by law enforcement officials over the past few days, and stands in solidarity with those protesting against deep-rooted racism and injustice…

CIVICUS reaffirms that the right to protest, as enshrined in international law, must be protected. We call for an end to police violence against Black communities. Earlier this week, as law enforcement agencies suppressed protests in Washington DC, President Trump threatened to deploy the National Guard to crush demonstrations:

President Donald Trump is stoking violence by threatening to forcibly deploy military units in states and cities to crush the demonstrations and restore order in a constitutionally questionable manner,” said Mandeep Tiwana, Chief of Programmes at CIVICUS. 

There are reports that over 10,000 protesters have been arrested since protests began. CIVICUS is concerned by the arbitrary arrests of thousands of protesters, including 20 members of the press. There are numerous cases of journalists being deliberately targeted by law enforcement agencies and at least 125 press freedom violations have been reported since the start of the protests.

CIVICUS’ recently released State of Civil Society Report 2020 highlights the importance of people’s movements in demanding change…Civic space in the United States is currently rated as narrowed by the research and ratings platform.

As a matter of urgency, CIVICUS calls on authorities to respect the rights of freedom of assembly and expression. We urge systemic reforms to address police impunity, militarisation and institutional racism. The deliberate targeting of journalists must also end, as must the incendiary language used by President Trump and other politicians. 

We also call on law enforcement agencies to stop using violent methods to disperse protesters and call for an investigation into the unwarranted use of force.

https://www.civicus.org/index.php/media-resources/media-releases/4431-law-enforcement-agencies-and-decision-makers-must-respect-the-right-to-protest-in-the-us

Policy response from Human Rights NGOs to COVID-19: RFK

April 3, 2020

In the midst of the COVID-19 crisis, many human rights organisations have been formulating a policy response. While I cannot be complete or undertake comparisons, I will try and give some examples in the course of the coming weeks. Here the one by Kerry Kennedy of

 

 

 

 

…Nearly 52 years later, it is just as imperative that we take to heart his message to “remember those who live with us,” that our societal response to the coronavirus pandemic be tethered to the same strong sense of equity and social justice of which my father spoke.

In the midst of this global pandemic, that means:

Remembering the most vulnerable—those without a stable or permanent home, those with disabilities, and those without a safety net who have no ability to work from the shelter of their homes or take time off, by ensuring that everyone has access to adequate, affordable healthcare. Those of us who can afford to stock our pantries with reserves must not hoard, instead ensuring that local food depositories and soup kitchens are sufficiently funded and supplied.

Remembering the prisoners—who are unable to practice social distancing to prevent the spread of illness. At Robert F. Kennedy Human Rights, we echo the increasing calls to release people being detained pretrial and in immigration detention, starting with the most vulnerable, to ease spread of the virus in crowded, unjust lockups. Jail and immigration detention should never equate to death sentences, and we hope that the current public health crisis will help us see with new eyes how these systems of mass human caging are and have always been so incredibly cruel, dangerous, violent, and unnecessary.

Remembering the truth tellers—as national governments increasingly declare states of emergency to bolster their responses to the pandemic and save lives, we must keep a watchful eye, given the rise of authoritarianism, to ensure that civic space is protected. Governments around the world have made a practice of using such states of emergency to curtail the legitimate activity of human rights defenders. These actions, such as China’s mandate that citizens carry cell phones so they can be constantly tracked, followed by Israel’s announcement that its citizens must do the same, must comply with international law mandating timeliness and sunset clauses, proportionality and nondiscrimination.

Remembering the first responders—our public health officials, the workers stocking the shelves of our grocery stores, and all others who are ensuring that our basic needs are met are putting their lives on the line. The government must do its utmost to make sure that these human rights defenders are armed with necessary resources and protections, including economic security, to stem the outbreak and stay safe.

International human rights law offers us a blueprint for action, reminding us that all citizens of the world have inalienable rights—no matter their race, gender, background, income level, or sexual orientation.

….We are all facing this unprecedented crisis together.see also: https://humanrightsdefenders.blog/2020/03/27/covid-19-spread-leads-to-reactions-and-messages-of-solidarity/

https://rfkhumanrights.org/news/coronavirus-statement

2020 International Women of Courage Awards by the U.S. State Department

March 4, 2020

Today, Wednesday 4 March 2020, Secretary of State Michael R. Pompeo hosts the Annual International Women of Courage Awards at the U.S. Department of State to honor 12 women from around the world.  The First Lady of the United States Melania Trump will deliver remarks to recognize the accomplishments of these women. For more on this and 7 other international awards that have word COURAGE in their name, see: http://www.trueheroesfilms.org/thedigest/awards/international-women-of-courage-award.

The 2020 announcement comes remarkably quickly on the heels of last year’s, see: https://humanrightsdefenders.blog/2019/12/18/usas-international-women-of-courage-awards-for-2019/

This year will bring the total to 146 awardees from 77 countries. U.S. diplomatic missions overseas nominate one woman of courage from their respective host countries. The finalists are selected and approved by senior Department officials. Following the IWOC ceremony, the 12 awardees will participate in an International Visitor Leadership Program (IVLP) visiting various cities throughout the country, before reconvening in Los Angeles for the conclusion of their program on March 16. The 2020 awardees are:

Zarifa Ghafari (Afghanistan) After successfully launching and operating a women-focused radio station, Afghanistan’s Zarifa Ghafari became mayor of Maidan Shar, in conservative Wardak province, at the age of 26.  When she showed up to start work, a male mob appeared and she was forced to flee.  Despite death threats, Ms. Ghafari came back, defying her conservative critics and their narrative that a woman is unfit to lead.  She then withstood a walkout by all of the male members of her office.  She later demonstrated ability and courage in tackling her town’s problems.  Despite fierce opposition from vested interests, she successfully launched a “Clean City, Green City” campaign that reduced littering.  Ghafari’s courage has inspired girls and women not only in her community and the wider province, but across the country.  In her capacity as a trail-blazer and door-opener for a new generation of young women, she has helped empower the women of Afghanistan.

Lucy Kocharyan (Armenia) Using her platform as a journalist, Kocharyan has championed children with mental health issues and has emerged as a leading voice in the fight against psychological, physical, and domestic violence against women and children.  Through her dedication and resolve, Kocharyan became famous for launching “Voices of Violence” in August 2018.  She has become a spokesperson on gender-based violence in Armenia and has continued to speak out despite harsh criticism – from people on the street who yell “shame” as she passes by, to parliamentarians speaking out against her and threatening her with lawsuits.  She successfully started a conversation about domestic and sexual violence that is slowly leading to some action. Gender-based violence is a pervasive problem throughout Armenia, where traditional social norms regarding masculinity, femininity, gender equality, and the division of household tasks remain rigid, making her achievements and impact all the more impressive.

Shahla Humbatova (Azerbaijan) Shahla Humbatova has worked as a defense lawyer in Azerbaijan since 2013, and is one of a handful of legal advocates who have been consistently willing to defend individuals facing punishment for exercising their fundamental freedoms.  She has bravely defended human rights defenders, journalists, bloggers, youth activists, members of the political opposition, and others.  Her example has inspired other lawyers to better advocate for their clients in politically sensitive cases, and her courage in representing LGBT clients in a conservative culture has pushed civil society further down the path to tolerance.  She is one of only two female lawyers to take these cases on in a difficult environment in which human rights lawyers have regularly been harassed and threatened in social media, suspended from practicing law, and disbarred. [see also: https://humanrightsdefenders.blog/2020/01/20/annual-reports-2019-azerbaijan-in-review-muted-hope-for-2020/]

Ximena Galarza (Bolivia) Ximena Galarza is a Bolivian journalist with over 25 years of experience. She has worked as a reporter, a television presenter, and news editor on some of Bolivia’s most important news channels including Red UNO, Cadena A, and TVU. Across her extensive career, Galarza has interviewed hundreds of politicians, academics, intellectuals, artists, and experts. She has also trained journalists to better inform the public of their rights and obligations. Galarza’s work has supported democracy in Bolivia and exposed corruption and violations of democratic freedoms. Since 2015, Galarza has hosted the program Jaque Mate (Check Mate) on TVU, one of Bolivia’s most prestigious news programs. In 2019, two of Galarza’s interviews impacted Bolivia’s history by demonstrating fraud in the October 20 presidential elections.  The electoral irregularities were later confirmed by an independent analysis from the Organization of American States.

Claire Ouedraogo (Burkina Faso) Claire Ouedraogo is the President of the Songmanegre Association for Women’s Development (Association féminine songmanegre pour le développement), an organization she founded that focuses on eliminating female genital mutilation/cutting (FGM/C) and promoting female empowerment through family planning education, vocational training, and micro-credit for women in the rural and underserved Center North region of Burkina Faso. She also serves as a senior advisor on the National Council to Combat Female Genital Mutilation. She is an active member of the Burkinabe Movement for Human and People’s Rights. In 2016, the prime minister of Burkina Faso nominated her as an Ambassador of Peace for her work in empowering rural women. Despite the increased threat of terrorist attacks and violent acts against civilians in Bam Province, Mrs. Ouedraogo continues her courageous work on behalf of vulnerable women threatened both by FGM/C and terrorism.

Sayragul Sauytbay (China) Sayragul Sauytbay was born in Ele Kazakh Autonomous Prefecture, Xinjiang, China.  She attended medical university and worked as a doctor, teacher, education director, and headmaster. In July 2016, Sayragul and her family attempted to move to Kazakhstan but the Chinese Communist Party (CCP) confiscated her passport and prevented her from going with her husband and children.  From November 2017 to March 2018, Sayragul was forced by the CCP to teach Chinese to ethnic minority people in a detention camp.  In March 2018, Sauytbay fled to Kazakhstan to avoid being sent back to the camps, where she feared she would die.  Subsequently, Sauytbay become one of the first victims in the world to speak publicly about the CCP’s repressive campaign against Muslims, igniting a movement against these abuses.  Her testimony was among the first evidence that reached the broader international community of the CCP’s repressive policy, including both the camps and the coercive methods used against Muslim minorities.  Sayragul and her family received asylum in Sweden, where they now live.

Susanna Liew (Malaysia) Following the February 2017 abduction of her husband, Christian pastor Raymond Koh, allegedly by state agents, Susanna Liew has fought on behalf of members of religious minorities who disappeared in Malaysia under similar circumstances—including Amri Che Mat, Joshua Hilmy, and Ruth Sitepu—or who face persecution for their beliefs.  Susanna actively pursued justice for her husband and others during the Malaysian Human Rights Commission’s (SUHAKAM) 2018-2019 public inquiry into enforced disappearances and continues to push the government to investigate these cases and prosecute those responsible.  Despite police harassment and death threats, she continues to advocate for her husband and others, not because of her faith or theirs, but because of their rights as Malaysians.  Susanna and Raymond founded Hope Community in 2004, a non-profit organization that works with the poor, needy, and marginalized.  She previously served as a school principal and educator.

Amaya Coppens (Nicaragua) Coppens is one of the leaders of the 19th of April Student Movement in Nicaragua. She participated in numerous protests against the Sandinista government and the violent, repressive tactics deployed by its security forces. In September 2018, she was abducted by Nicaraguan police from her residence after participating in a peaceful protest. She was released in June and continued to speak out against the regime in Nicaragua. She had the opportunity to repatriate to Belgium during her first captivity, but refused. On November 14, Coppens was imprisoned again when she and 12 other activists attempted to bring water to mothers of political prisoners on hunger strike. She and other political prisoners were released by the regime on December 30, 2019.

Jalila Haider (Pakistan) Known as the Iron Lady of Balochistan, Jalila Haider is a human rights attorney and founder of “We the Humans – Pakistan”, a non-profit organization to lift local communities by strengthening opportunities for vulnerable women and children. She specializes in defending women’s rights and provides free counseling and legal services to poverty-affected women. The first female attorney of her Hazara community, Haider led a peaceful hunger strike to recognize the right to life for the Hazara following a series of targeted attacks. Ms. Haider has taken up the cause of many other vulnerable communities. As Balochistan’s President of the Women Democratic Front and Balochistan’s branch of the Aurat (Woman’s) March, she fought against violence against women in public spaces, at work, and at home.

Amina Khoulani (Syria) Khoulani is a survivor of the Assad regime’s detention and torture centers, which have arbitrarily detained over 140,000 Syrians, and has dedicated her life to helping the families of forcibly disappeared Syrians.   A long-time civil society activist, she fled Syria in 2014 after her release from prison. She was imprisoned for six months for “peaceful activism” and her husband detained for two and a half years at the notorious Sadnaya Prison. They survived, but her three brothers died while in regime custody.  From this devastating experience, Khoulani rededicated her life to seeking information and justice for the families of the disappeared. She is a founding member of “Families for Freedom”, a women-led movement launched in 2017 by families who’s loved ones have been detained and disappeared in Syria. Forced from her home and country, living under constant threat as a refugee without government representation, she continues to advocate for human rights, democracy, and peace in Syria.

Yasmin al Qadhi (Yemen) After obtaining her journalism degree, Yasmin Al-Qadhi was one of the first women to write articles for local newspapers during the Arab Spring pro-democracy protests in Sanaa’a.  When the civil war broke out in Yemen in 2015, Yasmine and her sister Entisar established the Marib Girls Foundation.  Through the foundation, she works with senior army officials to combat child recruitment and obtained the military’s commitment to release any child recruited or detained.  She fostered support for women displaced by the conflict by coordinating with the local and international community.  She also raised awareness by co-producing a film about the negative effects of displacement on women and children. Yasmine still resides in Yemen, a tribal society where women are discouraged from working in public spaces. She is working to change social norms and has become a role model in her society.  Both at home and abroad, she encourages women’s empowerment and meaningful participation in civil society and the UN-led peace process.

Dr. Rita Nyampinga (Zimbabwe) Rita Nyampinga has been a human rights defender for more than 35 years, fighting for gender equality in the workplace since she joined a trade union in 1983.  She is also a trained mediator, and a mentor for girls and young women in leadership.  Her experiences during detention led her to form the Female Prisoners Support Trust to support women and children in detention and raise awareness of the appalling conditions they face. Dr. Nyampinga continues to serve on several boards including Women Coalition of Zimbabwe, Crisis in Zimbabwe Coalition, Women Academy on Political Leadership Excellence, and Women AIDS Support Network.  Her goal is to see a world that protects and respects the rights of prisoners through a just and fair legal system that is nondiscriminatory based on gender.  In 2010 she became the Social and Economic Justice Ambassador for Zimbabwe’s Coalition on Debt and Development.  Dr. Nyampinga won the Female Human Rights Activist of the Year in 2014 from Alpha Media House.

—-

https://www.state.gov/2020-international-women-of-courage-award-recipients-announced/

US absence from UN human rights council encourages China and Russia?

February 26, 2020
Secretary of State Pompeo and Nikki Haley, the US envoy to the UN at the time, announcing the US withdrawal from the Human Rights Council, June 19, 2018.

For the last decade, Western democracies and human-rights defenders have been locked in a tense struggle with authoritarian great powers at the United Nations. Since 2009, Russia and China have waged a highly successful campaign to dismantle the international human-rights system, particularly through the Human Rights Council. The two countries have made strides especially after the Trump administration withdrew the United States from the Council in 2018….

The campaign has been led by China, which has attacked the international human-rights system since its re-election to the Human Rights Council in 2013 for consecutive three-year terms that ended in 2019. Russia has preferred to work behind the scenes, particularly since its bid for election to the Council failed in 2016….

Both countries have also operated as part of what is called a like-minded group, a powerful international coalition that includes Algeria, Belarus, Cuba, Egypt, Pakistan, Philippines, Sri Lanka, Sudan, Venezuela and Vietnam. The group has challenged the UN’s human-rights mechanisms by emphasizing cooperation and dialogue over country-specific measures that name and shame abusing states, denigrating the relevance of civil and political rights while prioritizing economic and social rights and stressing the importance of sovereignty and nonintervention. Since 2013, Russia and China have played a key role in coordinating the group’s effort to undermine international human-rights protections.

In March 2018, for example, China presented a resolution to the Human Rights Council titled “Promoting Mutually Beneficial Cooperation in the Field of Human Rights,” which aimed to discard country-specific mechanisms that name and shame countries for their rights abuses.  [see also: https://humanrightsdefenders.blog/2018/03/07/china-and-the-un-human-rights-council-really-win-win/]. No less significant was the like-minded group’s support for China during its last Universal Periodic Review session in November 2018. The review took place amid escalating human-rights violations inside China, including the death in custody of Liu Xiaobo, a prominent activist and Nobel Prize laureate, and the mass internment of more than a million ethnic Uighur Muslims in so-called political re-education camps in the remote province of Xinjiang.

…..

An important factor contributing to the success of China and Russia in undermining the international human-rights system has been the withdrawal of the US from the Human Rights Council in June 2018. By leaving the Council, the US has created a leadership void that Russia, China and their allies have exploited to consolidate their grip on power. Just weeks after the US withdrew, Russia and China successfully lobbied to slash funding for key human-rights posts in UN peacekeeping missions that protect civilians from violence in some of the most vulnerable countries in the world, including Haiti, the Democratic Republic of the Congo and South Sudan. Worse, the like-minded group bolstered its influence over the global human-rights system when Venezuela, one of the world’s most flagrant violators of international human-rights norms, was elected to a three-year term to the Human Rights Council in October 2019. Having left the Council, the US was unable to sway the vote.

With the lack of US leadership, the European Union has struggled to push back against Russia and China’s growing influence at the UN. In July 2019, the European Union issued a joint statement with several other Western democracies, including Australia, Japan, New Zealand and Switzerland, condemning China’s mass detention of Muslims in Xinjiang. In reply, more than a dozen members of the Organization of Islamic Cooperation, a powerful group of countries that includes Egypt, Saudi Arabia, Algeria and Qatar, signed a declaration praising China’s policies in the region. [see also: https://humanrightsdefenders.blog/2019/07/20/china-coalition-anti-human-rights-un/]

Most worrisome, countries that once looked to the US for leadership in advancing human rights may now be looking to Russia, China and their allies for guidance in an international arena increasingly dominated by autocrats and aspiring despots.

https://www.passblue.com/2020/02/24/how-the-us-enabled-aggressions-by-china-and-russia-at-the-un/


As if to show thagt there is truth in the assertions above, the Russian Foreign Minister Sergey Lavrov on 25 February 2020 decried what he terms the “double standards” employed at the U.N. Human Rights Council in favor of Western democratic values, at the expense of what he calls the legitimate sovereign rights of nations that do not fall within the Western orbit. Lavrov did not hide his disdain Tuesday at the so-called country-specific resolutions adopted by the Council, saying the resolutions had become an increasingly popular pretext to interfere in the internal affairs of sovereign states.

https://www.voanews.com/europe/russia-accuses-un-human-rights-council-pro-western-bias

 

Magnitsky law spawns cottage industry of sanctions lobbying

February 13, 2020
Congress passed the Magnitsky Act in 2012 to punish Russian officials accused of beating to death a whistleblower who publicized government corruption. [see also: https://humanrightsdefenders.blog/2019/08/29/european-court-rules-on-sergei-magnitskys-death/]

A decade later, the law has unwittingly spawned a multimillion-dollar lobbying cottage industry. Predictably, a number of lobbyists are gunning to remove Magnitsky penalties on their questionable clients, just as with other such sanctions laws. President Donald Trump’s impeachment lawyer, Alan Dershowitz, for example, is defending an Israeli billionaire accused of pillaging Africa, while Trump’s 2016 Tennessee state director, Darren Morris, has joined with New York law firm Pillsbury Winthrop Shaw Pittman in representing an Iraqi businessman sanctioned for allegedly bribing politicians.

But a unique facet of the Magnitsky law and subsequent amendments has created a whole new opening for more creative lobbying. Unlike similar laws blocking sanctioned parties’ US assets and banning travel to the United States, Magnitsky requires that US officials consider information from credible human rights organizations when weighing whether to apply sanctions. “That’s a pretty revolutionary provision,” said Rob Berschinski, the senior vice president for policy at Human Rights First. “Effectively, the US government has created an open inbox in which literally anyone can petition for sanctions — no matter what their motive is, no matter what the credibility of their information is.

Berschinski’s organization is among those taking advantage of the provision, lobbying for additional Magnitsky sanctions on Saudi officials responsible for the murder of Jamal Khashoggi. The Trump administration designated 17 Saudi officials in November 2018, but not Crown Prince Mohammed bin Salman, who is believed by the CIA and UN investigators to have ordered the crime.

Global Magnitsky Human Rights Accountability Act (click above to read the law)

“The point here is, yes, 17 people were designated under Global Magnitsky,” said Berschinski, who served as deputy assistant secretary of state for democracy, human rights, and labor under President Barack Obama. “No, they are not the people who were ultimately responsible for directing the crime, and the people who were ultimately responsible need to be held accountable.”

Saudi Arabia isn’t the only Gulf target of sanctions lobbying. In recent months, lawyers for Kuwaiti private equity firm KGL Investment and its former CEO, Marsha Lazareva, have launched a multimillion-dollar campaign to threaten Kuwait with Magnitsky sanctions if it does not drop embezzlement charges against her. Working on the account are big names, including President George H.W. Bush’s son, Neil Bush; former House Foreign Affairs Committee Chairman Ed Royce, R-Calif.; former FBI Director Louis Freeh; and ex-Florida Attorney General Pam Bondi, until she joined Trump’s impeachment team. But the Lazareva camp has also consistently sought to portray her defenders as “human rights activists,” notably working with Washington nonprofit In Defense of Christians and former human rights lawyer Cherie Blair, the wife of ex-British Prime Minister Tony Blair, in its efforts.

Recent Magnitsky Act lobbying
Lobbying to remove sanctions Lobbying to add sanctions
Freeh Sporkin & Sullivan for Israeli businessman Dan Gertler Crowell & Moring and others on behalf of KGL Investment (sanctions on Kuwait)
Pillsbury Winthrop Shaw Pittman / Morris Global Strategies for Iraqi businessman Khamis Khanjar Human Rights First (sanctions for killers of Jamal Khashoggi)
Venable / Sonoran Policy Group for Serbian arms dealer Slobodan Tesic (Sonoran terminated December 2018) Schmitz Global Partners / Jefferson Waterman International (JWI) on behalf of fugitive Bulgarian businessman Tzvetan Vassilev (JWI terminated August 2019)
Source: Department of Justice / Congress

Lazareva’s champions insist she was railroaded by a corrupt judicial system and that lobbying for human rights sanctions — even if it’s spearheaded by corporate interests with deep pockets — is perfectly legitimate. To date, at least five US lawmakers have also joined the call for an investigation into Kuwait under the Magnitsky law.

“The global Magnitsky sanctions are a critical tool available to human rights NGOs to hold foreign governments accountable in cases of corruption and injustice,” said Peter Burns, government relations director for In Defense of Christians, or IDC. “IDC has advocated for their implementation in a variety of human rights and religious freedom contexts. One such case is that of Orthodox Christian businesswoman Marsha Lazareva, who is imprisoned in Kuwait on bogus corruption charges. The United States must become more effective at holding our friends, like Saudi Arabia, Egypt and Kuwait, accountable for religious freedom violations.”

“Are there actors out there that I’m aware of that may not have kind of the purest motives in bringing case files? Sure. But I have confidence in the integrity of the underlying decision-making system within the US government.”

IDC said it’s not getting paid for its Lazareva advocacy. But the army of lobbyists urging sanctions on Kuwaiti officials has, however, raised concerns about the integrity of the Magnitsky process.

“Are there actors out there that I’m aware of that may not have kind of the purest motives in bringing case files? Sure,” Berschinski told Al-Monitor. “But I have confidence in the integrity of the underlying decision-making system within the US government.”

This isn’t the first time lobbyists have sought to use Magnitsky in such a fashion. Back in 2017, lobbyists for fugitive Bulgarian businessman Tzvetan Vassilev sought sanctions on Bulgaria after being charged with money laundering and embezzlement. At the time, Lloyd Green, a Justice Department official under President George H. W. Bush, warned against potential abuses of the law. The Magnitsky Act … was not designed to become a sword and shield for those alleged to have committed crimes in systems that afford due process,” he wrote in an op-ed for The Hill at the time. It “should not be allowed to become a cudgel wielded by non-citizens as they seek to beat our allies into submission.

Berschinski said Human Rights First was aware of both the Vassilev and Lazareva campaigns and had declined to get involved. He declined to speculate, however, on whether such lobbying campaigns undermine the voices of traditional human rights organizations. “My sense is that at the end of the day, the US government officials who are actually making the call are making the decision on whether to designate or not on the basis of a solid evidentiary basis,” he said.

Read more: https://www.al-monitor.com/pulse/originals/2020/01/magnitsky-sanctioned-lobbying-hire-cottage-industry.html#ixzz6Cc6LK5Tp

After 30 years Salvadoran military involved in killing of Jesuit priests banned from USA

January 30, 2020

The crime is one of the most emblematic of the Central American country’s civil war that pitted then-leftist guerrillas the Farabundo Marti National Liberation Front (FMLN) against the U.S.-backed Salvadoran army. The FMLN is now a political party. The case had a lot in common with the killings of the Dutch IKON TV crew a few years earlier [see: https://humanrightsdefenders.blog/2018/09/25/murder-of-dutch-ikon-journalists-in-1982-in-el-salvador-revisted/]

In a statement, the U.S. Secretary of State said it had “credible information” that the current or former officials were directly or indirectly involved in “a gross violation of human rights or significant corruption.” It was not clear what had prompted the United States to issue the designation at this point in time.

[In El Salvador, the Supreme Court of Justice declared a 1993 amnesty law unconstitutional in 2016 and ordered lawmakers to create a new law that would guarantee justice and reparation for victims. However, the process has been delayed.]

https://wtvbam.com/news/articles/2020/jan/30/us-bans-13-salvadorans-over-1989-jesuit-priest-killings/979853/?refer-section=world

The favourite domain of human rights NGOs, “.ORG”, at risk

January 27, 2020

David Gilbert in Vice.com of 24 January and Caitlin Harrington in the The Cascadia Advocate of 26 January 2020 (among others) address an important issue that could affect many human righs NGOs and thus human rights defenders. A private equity fund (backed by three prominent Republican billionaire families) is expected to buy the dot-org domain, throwing into question whether the online safe haven for rights organizations and nonprofits could now face censorship or spiralling costs. Ethos Capital has offered $1 billion for the domain, which is currently operated by a nonprofit.

[Back in the fall of 2019, the private equity firm Ethos Capital announced its plans to buy the Public Interest Registry (PIR) for more than $1 billion. PIR is owned by the Internet Society and manages the .ORG domain registry, which since 1985 has been used by nonprofits and nongovernmental organizations (NGOs) like the Northwest Progressive Institute (NPI). Dot org is what is known as top layer domain… the last part of a uniform resource locator (URL), or web address. For example, nwprogressive.org. Dot-org is home to over 10 million URLs, making it the third-largest domain on the internet today. A huge variety of organizations use the domain ending, from massive multinational organizations like UNICEF to local libraries and animal shelters. PIR is a nonprofit entity that has been managing the registry and setting the prices that owners pay when they register .ORG domains.]

In a letter to the Internet Society from the Electronic Frontier Foundation, an ally of NPI that opposes the sale, it was explained that this move could cause significant harm to nonprofits and NGOs. They argue that without oversight from an appropriate placement, the registry would have the power to make policy changes that would detrimental to .ORG stakeholders, including:

  • The power to raise .org registration fees without the approval of the Internet Corporation for Assigned Names and Numbers (ICANN) or the .ORG community. A .ORG price hike would put many cash-strapped NGOs in the difficult position of either paying the increased fees or losing the legitimacy and brand recognition of a .ORG domain. [Yearly fees for .ORG sites are, on average, between $10 to $20.]
  • The power to develop and implement Rights Protection Mechanisms unilaterally, without consulting the .org community. If such mechanisms are not carefully crafted in collaboration with the NGO community, they risk censoring completely legal nonprofit activities.
  • The power to implement processes to suspend domain names based on accusations of “activity contrary to applicable law. ”The .ORG registry should not implement such processes without understanding how state actors frequently target NGOs with allegations of illegal activity.

NPI cosigned EFF’s letter, with NPI’s founder and Executive Director Andrew Villeneuve explaining: “The pending sale is of great concern to NPI because we own a significant number of .org domains. We could be affected by price hikes and bad policies imposed by the proposed new owner.”…….Tim Berners-Lee, the inventor of the World Wide Web, was among those expressing grave concern and opposition at the time the sale was announced.

The Electronic Frontier Foundation also made the point in their letter opposing the sale, that back in 2002, amid similar talks of selling the .ORG registry, ISOC’s then president and CEO Lynn St. Amour assured the NGOs worldwide that the registry would continue to be accountable to the nonprofit sector.

Erik Brooks, founder and CEO of Ethos Capital, stated in a public blog post that the firm is investing in “the long-term vitality of .ORG and its users” and that “PIR’s partnership with Ethos will create new opportunities for PIR to provide enhanced services and support to the .ORG community.” He also promised that these enhanced services will be developed “in collaboration with the community.” But last month, ICANN published documents with the names of three directors of Ethos Capital involved in the sale redacted, which only deepened the concerns of nonprofits and NGOs.

….Tarleton argued the Washington Secretary of State’s office should be forcefully opposing the sale and calling attention to it. “This is the slippery slope of privatization that happens when no one is paying attention,” she warned.

….“We’re confident that this is in the best interests of the registry, in the best interests of the registrants, and in the best interest of the whole internet,” Andrew Sullivan, CEO of the Internet Society, a nonprofit that oversees the domain, told VICE News. But critics of the move say the promises made by Ethos Capital are not backed by any legal obligations. They also say there’s a problematic lack of transparency about the sale and who will be running the new organization overseeing the domain. So a group of respected internet pioneers and nonprofit leaders have come forward to offer an alternative proposition. But they don’t have $1 billion to offer.

This week the Internet Society and ICANN approved a 30-day extension to the process, giving both sides until 20 February to approve the sale. “This is by far the largest outpouring of public concern ICANN has ever seen,” Malthouse said. “It’s a huge opportunity for ICANN to prove it has the courage to stand behind its founding principles.”

https://www.vice.com/en_us/article/wxenaz/3-billionaire-republican-families-are-about-to-buy-the-dot-org-domain-thats-terrifying-nonprofits

NPI’s Gael Tarleton warns proposed sale of .ORG domain registry could harm nonprofits