22.04.03
Urgent Interventions
The Observatory's intervention at the Commission on Human Rights under item 17
Joint intervention by the International Federation for Human Rights (FIDH) and the World Organisation against Torture (OMCT) in the framework of their joint program, the Observatory for the protection of Human Rights Defenders, under item 17 of the 59th session of the Commission on Human Rights
Paris - Geneva, April 16th, 2003
Madam Chairperson,
This year will mark the 5th Anniversary of the adoption of the Declaration on Human Rights Defenders by the UN General Assembly. It also coincides with the conclusion of the first mandate of the Special Representative of the Secretary General on Human Rights Defenders, appointed by this Commission.
The Special Representative has played a vital role in drawing attention to the methods of repression that are used against human rights defenders and providing them with protection. FIDH and OMCT, in the framework of their joint programme, The Observatory for the Protection of Human Rights Defenders, commend her and her team for their work. Our organisations also insist on the extreme importance of her mandate, given the context of growing repression and increased use of arbitrary measures against human rights defenders.
In 2002, human rights defenders have indeed been trapped in the turmoil of the post-11 September world: for numerous States, they have become the "new criminals" who must be neutralized in the name of the fight against terrorism or with the means provided by it. Security has become the absolute priority and the legitimate and necessary fight against terrorism has been diverted from its primary objective and used by governments to establish or strengthen their hold on power, at the expense of their commitments to human rights. This trend is apparent in the direct attacks that have been launched against defenders as well as in the adoption or strengthening of laws involving a real risk of infringing their rights (anti-terrorist fight laws, national security laws…), as was the case in Egypt, Georgia, Malaysia, Pakistan or Russia.
As a consequence, civil society is now operating in a much more hostile environment. In many countries such as Argentina or Azerbaijan, social protest movements are being repressed through the excessive use of force and those who organise demonstrations, who complain about the excessive use of force or who inquire about the welfare of detainees are particularly vulnerable to reprisals. The objective pursued by opportunistic governments in implementing these strategies to criminalise defenders is to control information on human rights. In 80 States, human rights activists remain branded as “troublemakers”, accused of tarnishing their country's image both nationally and internationally and are therefore under threat. In some very repressive countries, such as Burma, Iraq, Libya, North Korea, or Turkmenistan, defending human rights is rendered impossible, as universally recognized fundamental freedoms are severely restricted or even non-existent.
In 2002, the Observatory intervened in support of 388 defenders and 80 independent associations working for the promotion and protection of human rights. It registered:
- 76 cases of murdered defenders or victims of forced disappearances, for example Colombian defenders who are caught in between the power and paramilitary groups;
- 143 cases of defenders who were arrested, detained and/or arbitrarily sentenced. In some cases there were reports of ill treatment or torture.
- 267 cases of defenders who were victims of attacks, threats, intimidation, smear campaigns and of NGO closures.
In Colombia, where the Observatory registered 60 cases of murder, human rights defenders are living in a permanent climate of fear and insecurity.
In Guatemala, the situation of defenders seriously worsened during 2002: many of them were threatened and many associations had their offices raided and their equipment stolen. Following the visit by the Special Representative, the government appointed a public prosecutor to investigate violations of defenders’ rights. Yet, this person was attacked in January 2003. In September 2002 the mutilated body of a member of the National Association of Guatemalan Widows was found; this was a clear indication of the upsurge of violence against people fighting against impunity.
States have also gone further in their attempts to control information: In Tunisia, Zouhayr Yahyaoui, who created a website on fundamental freedoms in Tunisia, was tortured and sentenced to two years in prison in July 2002. He is currently detained in very precarious conditions.
In Vietnam, several cyber-activists are detained under security laws, including : Nguyen Khac Taon, Le Chi Quang, Pham Hong Son, Nguyen Vu Binh, Vu Ngoc Binh and Nguyen Dan Que. This has also been the case in China.
In Kazakhstan, Sergey Duvanov, a Kazakh journalist involved in human rights defense, was sentenced to three and a half years of imprisonment for allegedly “raping a minor”, in December 2002 and is still imprisoned.
Harsh prison sentences were passed on human rights defenders as in Uzbekistan and recently in Cuba, where several of them received between 15 and 25 years prison sentences.
Alongside these radical methods to silence defenders, other more insidious reprisals have developed. While these may appear less violent at first, they are part of the same strategy to suppress dissent. States organise smear campaigns that are disseminated by the official medias, so as to denigrate the content of the defenders’ information in the eyes of the population and the international community. This was the case in particular in Zimbabwe and in Honduras. In situations of high tension or armed conflicts, these campaigns constitute real threats for defenders’ lives, as is the case in the Democratic Republic of Congo or Colombia, where many organizations are publicly accused of being the political arm of subversive groups and of collaborating with such groups.
The creation of Governmental NGOs (GONGOs), that support the policies of their government and denigrate the message of independent NGOs has continued to be used as a way to control human rights information. In Congo-Brazzaville, an “NGO” platform, the Congolese Federation of Human Rights (FECODHO) was formed with the obvious purpose of discrediting the work and opinions of the Congolese Observatory of Human Rights (OCDH) in the eyes of national and international public opinion.
Parallely, obstacles are put to the registration of independent NGOs in many countries, for example in Belarus, Syria or Zimbabwe.
Freedom of movement has continued to be curtailed, with defenders being stopped at airports and prevented from travelling abroad as in the case of Nigeria and Mauritania. Israeli and Palestinian human rights defenders have faced a growing number of obstacles in terms of freedom of movement, access to victims and collection of testimonies.
Finally, the Observatory would like to stress the role of private groups and paramilitary groups in attacks on human rights defenders that are seeking to denounce human rights violations committed by such groups. For instance, in the State of Espirito Santo in Brazil, defenders that denounce violations perpetrated by organised crime groups are under great risk. In India, a defender of land rights was killed. It is the duty of the State to protect defenders from these attacks.
Madam Chairperson,
OMCT and the FIDH call on this Commission to renew the mandate of the Special Representative for a further three-year period. In renewing the mandate, the Commission should ensure that it is provided with adequate resources and that cooperation between the Special Representative and other thematic Rapporteurs as well as regional mechanisms for the protection of human rights defenders is encouraged. Within her mandate, the Special Representative should continue to pay particular attention to limitations to the freedom of association, impunity and the fight against terrorism, all of which can have a negative impact on the work of human rights defenders, as well as attention to the situation of particularly targeted groups such as women defenders and defenders of indigenous communities.
OMCT and the FIDH call on member states of this Commission to take all necessary measures to protect human rights defenders and to recognise their role as key players in the construction of peace, democracy and of the Rule of Law.
FIDH and OMCT encourage members of this Commission to undertake national initiatives to implement the Declaration fully, through propagation and awareness-raising of its content, through the adoption of the Declaration by national parliaments, through solidarity campaigns with defenders and through the creation of mechanisms that provide safe-havens for threatened defenders.
FIDH and OMCT encourage the propagation of the Declaration and its implementation, notably through its inclusion in the United Nations’ plans, information and training programs for state and government officials and agents.
Madam Chairperson,
I thank you for your attention
Paris - Geneva, April 16th, 2003
Madam Chairperson,
This year will mark the 5th Anniversary of the adoption of the Declaration on Human Rights Defenders by the UN General Assembly. It also coincides with the conclusion of the first mandate of the Special Representative of the Secretary General on Human Rights Defenders, appointed by this Commission.
The Special Representative has played a vital role in drawing attention to the methods of repression that are used against human rights defenders and providing them with protection. FIDH and OMCT, in the framework of their joint programme, The Observatory for the Protection of Human Rights Defenders, commend her and her team for their work. Our organisations also insist on the extreme importance of her mandate, given the context of growing repression and increased use of arbitrary measures against human rights defenders.
In 2002, human rights defenders have indeed been trapped in the turmoil of the post-11 September world: for numerous States, they have become the "new criminals" who must be neutralized in the name of the fight against terrorism or with the means provided by it. Security has become the absolute priority and the legitimate and necessary fight against terrorism has been diverted from its primary objective and used by governments to establish or strengthen their hold on power, at the expense of their commitments to human rights. This trend is apparent in the direct attacks that have been launched against defenders as well as in the adoption or strengthening of laws involving a real risk of infringing their rights (anti-terrorist fight laws, national security laws…), as was the case in Egypt, Georgia, Malaysia, Pakistan or Russia.
As a consequence, civil society is now operating in a much more hostile environment. In many countries such as Argentina or Azerbaijan, social protest movements are being repressed through the excessive use of force and those who organise demonstrations, who complain about the excessive use of force or who inquire about the welfare of detainees are particularly vulnerable to reprisals. The objective pursued by opportunistic governments in implementing these strategies to criminalise defenders is to control information on human rights. In 80 States, human rights activists remain branded as “troublemakers”, accused of tarnishing their country's image both nationally and internationally and are therefore under threat. In some very repressive countries, such as Burma, Iraq, Libya, North Korea, or Turkmenistan, defending human rights is rendered impossible, as universally recognized fundamental freedoms are severely restricted or even non-existent.
In 2002, the Observatory intervened in support of 388 defenders and 80 independent associations working for the promotion and protection of human rights. It registered:
- 76 cases of murdered defenders or victims of forced disappearances, for example Colombian defenders who are caught in between the power and paramilitary groups;
- 143 cases of defenders who were arrested, detained and/or arbitrarily sentenced. In some cases there were reports of ill treatment or torture.
- 267 cases of defenders who were victims of attacks, threats, intimidation, smear campaigns and of NGO closures.
In Colombia, where the Observatory registered 60 cases of murder, human rights defenders are living in a permanent climate of fear and insecurity.
In Guatemala, the situation of defenders seriously worsened during 2002: many of them were threatened and many associations had their offices raided and their equipment stolen. Following the visit by the Special Representative, the government appointed a public prosecutor to investigate violations of defenders’ rights. Yet, this person was attacked in January 2003. In September 2002 the mutilated body of a member of the National Association of Guatemalan Widows was found; this was a clear indication of the upsurge of violence against people fighting against impunity.
States have also gone further in their attempts to control information: In Tunisia, Zouhayr Yahyaoui, who created a website on fundamental freedoms in Tunisia, was tortured and sentenced to two years in prison in July 2002. He is currently detained in very precarious conditions.
In Vietnam, several cyber-activists are detained under security laws, including : Nguyen Khac Taon, Le Chi Quang, Pham Hong Son, Nguyen Vu Binh, Vu Ngoc Binh and Nguyen Dan Que. This has also been the case in China.
In Kazakhstan, Sergey Duvanov, a Kazakh journalist involved in human rights defense, was sentenced to three and a half years of imprisonment for allegedly “raping a minor”, in December 2002 and is still imprisoned.
Harsh prison sentences were passed on human rights defenders as in Uzbekistan and recently in Cuba, where several of them received between 15 and 25 years prison sentences.
Alongside these radical methods to silence defenders, other more insidious reprisals have developed. While these may appear less violent at first, they are part of the same strategy to suppress dissent. States organise smear campaigns that are disseminated by the official medias, so as to denigrate the content of the defenders’ information in the eyes of the population and the international community. This was the case in particular in Zimbabwe and in Honduras. In situations of high tension or armed conflicts, these campaigns constitute real threats for defenders’ lives, as is the case in the Democratic Republic of Congo or Colombia, where many organizations are publicly accused of being the political arm of subversive groups and of collaborating with such groups.
The creation of Governmental NGOs (GONGOs), that support the policies of their government and denigrate the message of independent NGOs has continued to be used as a way to control human rights information. In Congo-Brazzaville, an “NGO” platform, the Congolese Federation of Human Rights (FECODHO) was formed with the obvious purpose of discrediting the work and opinions of the Congolese Observatory of Human Rights (OCDH) in the eyes of national and international public opinion.
Parallely, obstacles are put to the registration of independent NGOs in many countries, for example in Belarus, Syria or Zimbabwe.
Freedom of movement has continued to be curtailed, with defenders being stopped at airports and prevented from travelling abroad as in the case of Nigeria and Mauritania. Israeli and Palestinian human rights defenders have faced a growing number of obstacles in terms of freedom of movement, access to victims and collection of testimonies.
Finally, the Observatory would like to stress the role of private groups and paramilitary groups in attacks on human rights defenders that are seeking to denounce human rights violations committed by such groups. For instance, in the State of Espirito Santo in Brazil, defenders that denounce violations perpetrated by organised crime groups are under great risk. In India, a defender of land rights was killed. It is the duty of the State to protect defenders from these attacks.
Madam Chairperson,
OMCT and the FIDH call on this Commission to renew the mandate of the Special Representative for a further three-year period. In renewing the mandate, the Commission should ensure that it is provided with adequate resources and that cooperation between the Special Representative and other thematic Rapporteurs as well as regional mechanisms for the protection of human rights defenders is encouraged. Within her mandate, the Special Representative should continue to pay particular attention to limitations to the freedom of association, impunity and the fight against terrorism, all of which can have a negative impact on the work of human rights defenders, as well as attention to the situation of particularly targeted groups such as women defenders and defenders of indigenous communities.
OMCT and the FIDH call on member states of this Commission to take all necessary measures to protect human rights defenders and to recognise their role as key players in the construction of peace, democracy and of the Rule of Law.
FIDH and OMCT encourage members of this Commission to undertake national initiatives to implement the Declaration fully, through propagation and awareness-raising of its content, through the adoption of the Declaration by national parliaments, through solidarity campaigns with defenders and through the creation of mechanisms that provide safe-havens for threatened defenders.
FIDH and OMCT encourage the propagation of the Declaration and its implementation, notably through its inclusion in the United Nations’ plans, information and training programs for state and government officials and agents.
Madam Chairperson,
I thank you for your attention