Joint oral statement of the World Organisation against Torture (OMCT) and the International Federation for Human Rights (FIDH) in the framework of their joint programme, the Observatory for the Protection of Human Rights Defenders

Commission on Human Rights - 61st session

Item 17: Promotion and protection of human rights: (b) Human rights defenders

Geneva, 18 April 2005

Mr. Chairman,

The World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), in the framework of their joint programme, the Observatory for the Protection of Human Rights Defenders, express their deep concern about the worldwide deteriorating situation of human rights defenders. In 2004 , the Observatory documented the situation of 1,154 defenders and nearly 200 human rights organisations (NGOs, trade unions, institutions, etc.) targeted by acts of repression in about 90 countries.

Mr. Chairman,

In all regions of the world, in a context when human rights suffer a serious setback in the name of the fight against terrorism, human rights defenders continue to pay a heavy price for their commitment to the defence of universal rights.

In 2004, the Americas, where the number of assassinations and death threats was the highest, remained the most dangerous region for human rights defenders. Moreover, the intensified criminalisation of social protest, notably through numerous infringements to freedoms of demonstration and assembly, as well as arbitrary detentions and judicial proceedings, particularly targeted defenders of economic, social and cultural rights. In Colombia, authorities have more and more frequently taken advantage of the "security first" climate to charge defenders with "rebellion" and "terrorist activities", and have been unable or unwilling to protect them from attacks by all parties to the conflict. In this context, defenders were victims of reprisals by paramilitary groups, often colluding with the army, like members of the "José Alvear Restrepo" Lawyers’ Collective (CCAJAR) and the Justice and Peace Commission, whose members were victims of assassination, death threats and persecution. Colombia also remains the country where the number of trade unionists and trade union leaders assassinated or threatened with death is the highest. On 5 August 2004, Messrs. Héctor Alirio Martínez, Jorge Eduardo Prieto Chamusero and Leonel Goyeneche Goyeneche, trade union leaders, were killed. In Brazil, large landowners continue to subject representatives of the landless populations to severe reprisals. The situation is particularly alarming in the State of Pará, where trade unionists, rural workers, NGO members and lawyers remain targets of assassination, threats, intimidation and violence. Rural violence against defenders of the right to access to land culminated in the assassination of Sister Dorothy in February 2005. In Chile, the Mapuche continue to be criminalised, especially on accusations of terrorism. For instance, three leaders of the indigenous Mapuche community were sentenced to 10 years and one day imprisonment on charges of starting a "terrorist fire". In Guatemala, the most serious threats for defenders still come from the unceasing actions of illegal, clandestine armed groups that have connections with both organised crime and State agents. Repression of trade unionists remains a serious concern. Thus, Mr. Julio Rolando Raquec, secretary general of the Union Federation of Independent Labourers (FESTRI) and leader of the General Central of Guatemalan Workers (CGTG), was assassinated on 28 November 2004. In Ecuador, defenders are particularly under threat and attacked for opposing the current government’s anti-democratic policies, and representatives of indigenous communities have been subjected to repression for protesting against the establishment of firms and businesses on their territory. Thus, the Sarayaku community continued to be threatened because of its actions against the government-backed Argentinean oil company (CGC).

In Asia, the record of arbitrary detentions remains high and an important number of defenders were assassinated in 2004. In China, freedom of association, the right to organise and collective bargaining continue to be denied to Chinese workers and labour leaders are subjected to systematic repression. People continue to be detained or sentenced for expressing and disseminating their opinions or information through the Internet. Besides, the government cracks down on anyone defending the interests of displaced peasants and urban residents, as in the case of Mr. Zheng Enchong, a lawyer who has been working on housing rights by defending displaced residents in Shanghai. In Nepal, Mr. S.K. Pradhan, Secretary General of the Peoples’ Forum for Human Rights and Development (PFHRD), was denied a Travel Document to attend the 61st session of the UNCHR in Geneva. Since the breaking off of the peace negotiations in August 2003, the number of extra-judicial executions, forced disappearances, torture and arbitrary arrests increased considerably. Human rights defenders, investigating reports of widespread human rights violations committed by members of both the Royal Nepal Army (RNA) and the Communist Party of Nepal (CPN - Maoists), often found their lives, and those of their families, in danger from both sides of the conflict. Moreover, defenders’ situation has turned from bad to worse since 1 February 2005, when a state of emergency was declared and fundamental constitutional rights suspended. In Iran, the judiciary increasingly curtails civil society activists’ freedoms of expression, including on the Internet; and association. Mr. Nasser Zarafshan, a lawyer and human rights defender, still remains in jail. Furthermore, the authorities imposed a ban on foreign travel of several human rights defenders, such as Mr. Emaddedin Baghi. In Thailand, the situation of human rights defenders deteriorated in 2004, and space for freedom of expression was reduced. Mr. Somchai Neelaphaijit, a human rights lawyer active in the South of Thailand, disappeared in March 2004, and three environment activists (Mr. Charoen Wat-askorn, Mr. Supol Sitichan and Mrs Pakviapa Chalermklin) were killed. In Vietnam, several "cyber-dissidents" are still imprisoned for having spread human rights information on the Internet, such as former journalist Nguyen Vu Binh and Dr. Pham Hong Son. In addition, the monks of the Unified Buddhist Church of Vietnam (UBCV), which was declared illegal in 1981, were still subjected to systematic harassment and repression by the authorities.

In Africa, defenders continue to be subjected to threats, defamation and intimidation as well as to manifold methods of repression (harassment, professional reprisals, threats, arrests, arbitrary detention, mistreatment, etc.), in particular in Cameroon, Côte d’Ivoire, the DRC, Ethiopia, Sudan and Zimbabwe. The adoption of restrictive pieces of legislation becomes also more systematic as part of methods to neutralise civil society. In Côte d’Ivoire, members of Côte d’Ivoire’s Human Rights Movement (MIDH), including its president, Mr. Amourlaye Touré, have been threatened since January 29, 2005, after the publication by the organisation of a report denouncing the serious human rights violations since the resumption of hostilities in November 2004. In Ethiopia, an NGO Bill that was under review by the Ministry of Justice since 2001 was presented in a revised form in July 2004. It allows the Minister of Justice extensive powers to interfere in the internal affairs of NGOs and thus contributes to maintaining a strict control over civil society. In Zimbabwe, the NGO Act adopted on 9 December 2004 requires the registration of all NGOs with the Ministry of Social Welfare and prescribes personal criminal sanctions - including imprisonment - against the board members of an NGO that is not registered. In addition, local human rights NGOs will be severely hindered in their activities since they are prohibited from receiving any foreign funding whereas foreign NGOs working in the field of human rights are no longer authorised to work in the country. Zimbabwean authorities have also subjected the Zimbabwe Congress of Trade Unions (ZCTU) to fierce repression. In the Democratic Republic of Congo (DRC), many defenders operating in North-Kivu were forced to leave the region after undergoing repeated attacks. For instance, Mr. Amato Mbunsu, member of the Human Rights Observers’ Committee (CODHO), had to put an end to his activities in September 2004 after he was threatened with death by elements of the National Army. In Sudan, on January 24, 2005, Mr. Mudawi Ibrahim Adam, chairperson of the Sudan Social Development Organisation (SUDO), was arrested.

In Europe and the Commonwealth of Independent States (CIS), the crackdown against independent NGOs mainly consists in hindering defenders’ freedoms, thus confirming the governments’ will to control civil society in the region, and the level of violence and of impunity against defenders remains very high. In the Russian Federation, Mr. Nikolai Girenko, leader of the Commission of the rights of minorities of the Scientific union of Saint-Petersburg, was assassinated on 20 June 2004. Besides, those who defend human rights in Chechnya still find themselves living in very dangerous circumstances: for instance, on 16 January 2004 the body of Mr. Aslan Sheripovich Davletukaev, a volunteer with RCFS, was found, bearing traces of torture. In Belarus, the wave of suppression of NGOs, which reached its height in 2003, continued in 2004 with the closure of 21 associations during the first semester of 2004, among which the Independent Society of Legal Research and the Centre for Constitutionalism and Comparative Legal Studies. In Uzbekistan, one observes an increasing pressure on NGOs and civil society generally. For instance, a decree providing for the transfer of all NGO funds of foreign origin to two national banks was adopted in February 2004. Now NGOs must obtain agreement from the government before they can access their funds. On April 4, 2005, Mr. Ilgar Ibragimoglu, coordinator of the Centre for the Protection of Conscience and Religious Freedom (DEVAMM) and Secretary General of the International Religious Liberty Association (IRLA Azerbaijan), was prevented from leaving Azerbaijan in order to deliver a report on religious prosecution to the UNCHR.

In Maghreb and the Middle East, the rights to create associations and to receive foreign funding are almost systematically retaliated, freedom of expression remains blatantly violated, and many men and women are currently arbitrarily detained for defending human rights. In Algeria, peaceful demonstrations organised by the families of disappeared persons continued to be violently dispersed in 2004, in particular the meetings and marches called for to protest against the proposal by the National Consultative Commission for the Protection and Promotion of Human Rights (CNCPPDH) to close the cases by paying compensation to the families. Journalists committed to the defence of human rights were also strongly targeted, like Mr. Ghoul Hafnaoui, head of the Algerian League for the Defence of Human Rights (LADDH) in Djelfa, who faced a relentless judicial harassment and spent several months in prison in 2004. In Saudi Arabia, the climate of fear and secrecy created by the government has made the monitoring of human rights inside the country a difficult task as people fear providing information to the outside world. 12 intellectuals were arrested and placed in solitary confinement after they demanded political reforms, criticised the lack of independence of the National Committee of Human Rights, and submitted a request for the registration of an independent human rights organisation. In Tunisia, freedom of association and the right to peaceful assembly remain severely infringed and a large number of independent Tunisian associations are still refused registration, such as the National Council for Freedoms in Tunisia (CNLT), the Tunisian Association Against Torture (ALTT), or the Assembly for Alternative International Development (RAID-Attac Tunisia). Duly registered associations also face severe hindrances to their work: the Tunisian League for Human Rights (LTDH) has been for instance unable to receive funds from the European Union. The difficulty met by human rights activists to communicate via the Internet must also be emphasised. Finally, protests and other peaceful assemblies have been heavily repressed: on 2 March 2005, many lawyers were ill-treated as they assembled before the Palais de Justice in Tunis in order to defend Mr. Mohammed Abou, a Tunisian lawyer arbitrarily detained for denouncing acts of torture and the lack of independence in the judiciary.

Finally, the Observatory noted in 2004 that women human rights defenders, when fighting for the respect of the fundamental rights of women (reproductive health, the fight against female genital mutilation, polygamy and conjugal violence, etc.), were often subjected to discrimination and stigmatisation, like in China, where they are fighting drastic family planning policies, or in Pakistan and Iran, where Islamic religious groups consider their struggle to be contrary to religion.

Mr. Chairman,

The Observatory would like to conclude by urging the Commission to:

  Support the mandate of the United Nations Special Representative on Human Rights Defenders by providing necessary material and financial support;

  Call upon States to fully implement the principles included in the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognised Human Rights and Fundamental Freedom through the adoption of the Declaration by national parliaments, the dissemination of the Declaration, the implementation of awareness-raising and solidarity campaigns with defenders, and the developments of mechanisms that provide safe havens for those under threat;

  Urge States to ensure that national security measures, including those taken in the name of the fight against terrorism, comply with international human rights norms and standards and are not used to justify disproportionate limitations on freedoms or impair the legitimate work of human rights defenders (freedom of association, right to peaceful assembly, freedom of expression, freedom of movement);

  Encourage States to invite to country visits and co-operate with the UN Special Representative on Human Rights Defenders;

  Ensure the dissemination of the Declaration at the international level by including it in the United Nations plans and training programmes for State officials, with a particular focus on the issue of women human rights defenders.

Thank you Mr. Chairman.