21.04.04
Events
The Observatory's intervention at the 60th session of the UN Commission on Human Rights
- Event Date: 21.04.04
- Event Time: 00:00:00
Joint intervention of the World Organization against Torture (OMCT) and the International Federation for Human Rights (FIDH) in the framework of their joint program
the Observatory for the Protection of Human Rights Defenders
Commission on the Promotion and Protection of Human Rights --60th session
Item 17: Promotion and protection of human rights: (b) Human rights defenders
Geneva, 15 March - 23 April 2004
Thank you Mr. Chairperson,
The World Organization Against Torture (OMCT) and the International Federation for Human Rights (FIDH), in the context of their joint program, the Observatory for the Protection of Human Rights Defenders, are gravely concerned over the deterioration of the situation of human rights defenders across the globe. Over the past year, the Observatory has received information on hundreds of cases in which human rights defenders have been subjected to death threats, acts of violence, torture, and arbitrary arrest and detention. Defenders have been victims of smear campaigns, and NGOs often are faced with numerous obstacles to carrying out their work, including registration, confiscation of equipment, and various forms of harassment. The 2003 Annual Report of the Observatory documents the situation of more than 550 human rights defenders and 80 NGOs facing repression in more than 80 countries.
The Observatory is particularly concerned about the impact that security and counter-terrorism policy, legislation and practices have on the safety of human rights defenders and their ability to carry out their work. While we are aware of States’ needs to provide security for persons under their jurisdiction, we are concerned that the increasing focus of States’ on the war on terrorism comes at the expense of their commitments to human rights.
Mr. Chairperson,
The Observatory would like to draw particular attention to the situation of human rights defenders in conflict areas, where they are frequently viewed as enemies of the state and accused of shielding terrorists. Last year, Colombian President Alvaro Uribe Vélez described human rights defenders as being “human rights traffickers” and “defenders of terrorism.” In Chechnya, the Russian Federation’s Special Representative for human rights accused human rights NGOs of supporting terrorists by «disseminating their propaganda via peace conferences». And in Israel, the Minister of Foreign Affairs said that «most human rights offices in the West Bank and Gaza Strip provide shelter for Palestinian terrorists».
In the meantime, the situation of human rights defenders in these areas continues to deteriorate. Last year, there was an alarming rise in the number of arbitrary detentions of human rights defenders in Colombia. In May, Mrs. Zoura Bitieva, a well known Chechen human rights activist, and three members of her family were killed at her home by a group of uniformed soldiers. And in the Palestinian Territories, Israeli and Palestinian NGOs find it increasingly difficult to undertake their work because of restrictions on their freedom of movement in the Occupied Territories that have been implemented by Israeli authorities.
In Nepal, since the peace process broke down in August 2003, there has been a notable increase in the number of extra-judicial executions, forced disappearances, and arbitrary arrests. The Observatory is particularly concerned about the case of Mr. Chet Prakash Khatri, a human rights defender who was killed this past December by a group of unidentified individuals in an area close to the Nepal-India border.
Mr. Chairman,
Legislative measures and judicial processes are increasingly being used to punish human rights defenders and impede their work. For instance, in Zimbabwe, in addition to direct threats, authorities use a wide range of legal provisions to silence human rights defenders. Freedoms of speech, association and assembly are being threatened by the adoption of new and particularly restrictive laws. A new bill on NGOs, expected to be adopted in coming months, clearly illustrates this point. The justice system's increasing lack of independence, the corruption of judges and systematic hearing delays are all weakening the position of defenders, who fear they will soon be deprived of all judicial recourses.
In Belarus, a strict application of registration laws has allowed authorities to shut down the operations of a number of independent human rights groups. And in April 2003, President Lukashenko signed Decree n° 13, which prohibits NGOs from representing individuals during civil trials.
In Tunisia, the Chamber of Deputies approved last year a law «supporting the international effort to combat terrorism and money laundering». The law also imposes very strict financial control over non-profit organizations and political parties. These new financial measures legitimize the Tunisian Government's efforts to monitor and limit the work of NGOs.
Mr. Chairperson,
The Observatory would also like to highlight the following situations in the Sudan, Cameroon, and Thailand. Sudanese authorities have violently suppressed a number of demonstrations organized by students and activists during the past year. Last March, police violently broke up a peaceful protest against a ban on student assoications at the Bakt al Ridah University. Several people were wounded and 45 students were arrested. Reports also indicate that many students arrested during demonstrations have been tortured during their detention. On January 5, 2004, the National Security Agency arrested Mr. Waiel Taha, a member of the Khartoum University Student Union and a Sudan Organization Against Torture activist, during a meeting organised to protest police violence against a group of female students. Mr. Taha was held in the NSA building, beaten and tortured. He was finally released on January 7.
In Cameroon, on January 10, 2003, the government prosecutor for the Maroua courts (Diamaré district) directed criminal investigation officers to take in all human rights activists in his jurisdiction and turn them over to the his office for questioning. Reportedly, officers were informally instructed to pay particular attention to members of the Movement for the Defence of Human Rights and Freedoms.
In Thailand, Mr. Somchai Neelaphaijitis, a well known and respected civil rights defender, was abducted on March 12, 2004, and remains missing. Mr. Neelaphaijitis had reportedly told close friends that he was receiving threatening phone calls and that he feared for his safety. In one call, he was told that security forces had put his name on a list of members of terrorists groups. Mr. Neelaphaijitis work in southern Thailand has included collecting signatures to support the end of the martial law in that region. He has also diligently promoted the rule of law and justice for Muslims suspected of terrorist activities and treason.
Mr. Chairperson,
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;
-Encourage 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 Recognized 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 measures adopted to combat 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, freedom of expression, freedom of movement);
the Observatory for the Protection of Human Rights Defenders
Commission on the Promotion and Protection of Human Rights --60th session
Item 17: Promotion and protection of human rights: (b) Human rights defenders
Geneva, 15 March - 23 April 2004
Thank you Mr. Chairperson,
The World Organization Against Torture (OMCT) and the International Federation for Human Rights (FIDH), in the context of their joint program, the Observatory for the Protection of Human Rights Defenders, are gravely concerned over the deterioration of the situation of human rights defenders across the globe. Over the past year, the Observatory has received information on hundreds of cases in which human rights defenders have been subjected to death threats, acts of violence, torture, and arbitrary arrest and detention. Defenders have been victims of smear campaigns, and NGOs often are faced with numerous obstacles to carrying out their work, including registration, confiscation of equipment, and various forms of harassment. The 2003 Annual Report of the Observatory documents the situation of more than 550 human rights defenders and 80 NGOs facing repression in more than 80 countries.
The Observatory is particularly concerned about the impact that security and counter-terrorism policy, legislation and practices have on the safety of human rights defenders and their ability to carry out their work. While we are aware of States’ needs to provide security for persons under their jurisdiction, we are concerned that the increasing focus of States’ on the war on terrorism comes at the expense of their commitments to human rights.
Mr. Chairperson,
The Observatory would like to draw particular attention to the situation of human rights defenders in conflict areas, where they are frequently viewed as enemies of the state and accused of shielding terrorists. Last year, Colombian President Alvaro Uribe Vélez described human rights defenders as being “human rights traffickers” and “defenders of terrorism.” In Chechnya, the Russian Federation’s Special Representative for human rights accused human rights NGOs of supporting terrorists by «disseminating their propaganda via peace conferences». And in Israel, the Minister of Foreign Affairs said that «most human rights offices in the West Bank and Gaza Strip provide shelter for Palestinian terrorists».
In the meantime, the situation of human rights defenders in these areas continues to deteriorate. Last year, there was an alarming rise in the number of arbitrary detentions of human rights defenders in Colombia. In May, Mrs. Zoura Bitieva, a well known Chechen human rights activist, and three members of her family were killed at her home by a group of uniformed soldiers. And in the Palestinian Territories, Israeli and Palestinian NGOs find it increasingly difficult to undertake their work because of restrictions on their freedom of movement in the Occupied Territories that have been implemented by Israeli authorities.
In Nepal, since the peace process broke down in August 2003, there has been a notable increase in the number of extra-judicial executions, forced disappearances, and arbitrary arrests. The Observatory is particularly concerned about the case of Mr. Chet Prakash Khatri, a human rights defender who was killed this past December by a group of unidentified individuals in an area close to the Nepal-India border.
Mr. Chairman,
Legislative measures and judicial processes are increasingly being used to punish human rights defenders and impede their work. For instance, in Zimbabwe, in addition to direct threats, authorities use a wide range of legal provisions to silence human rights defenders. Freedoms of speech, association and assembly are being threatened by the adoption of new and particularly restrictive laws. A new bill on NGOs, expected to be adopted in coming months, clearly illustrates this point. The justice system's increasing lack of independence, the corruption of judges and systematic hearing delays are all weakening the position of defenders, who fear they will soon be deprived of all judicial recourses.
In Belarus, a strict application of registration laws has allowed authorities to shut down the operations of a number of independent human rights groups. And in April 2003, President Lukashenko signed Decree n° 13, which prohibits NGOs from representing individuals during civil trials.
In Tunisia, the Chamber of Deputies approved last year a law «supporting the international effort to combat terrorism and money laundering». The law also imposes very strict financial control over non-profit organizations and political parties. These new financial measures legitimize the Tunisian Government's efforts to monitor and limit the work of NGOs.
Mr. Chairperson,
The Observatory would also like to highlight the following situations in the Sudan, Cameroon, and Thailand. Sudanese authorities have violently suppressed a number of demonstrations organized by students and activists during the past year. Last March, police violently broke up a peaceful protest against a ban on student assoications at the Bakt al Ridah University. Several people were wounded and 45 students were arrested. Reports also indicate that many students arrested during demonstrations have been tortured during their detention. On January 5, 2004, the National Security Agency arrested Mr. Waiel Taha, a member of the Khartoum University Student Union and a Sudan Organization Against Torture activist, during a meeting organised to protest police violence against a group of female students. Mr. Taha was held in the NSA building, beaten and tortured. He was finally released on January 7.
In Cameroon, on January 10, 2003, the government prosecutor for the Maroua courts (Diamaré district) directed criminal investigation officers to take in all human rights activists in his jurisdiction and turn them over to the his office for questioning. Reportedly, officers were informally instructed to pay particular attention to members of the Movement for the Defence of Human Rights and Freedoms.
In Thailand, Mr. Somchai Neelaphaijitis, a well known and respected civil rights defender, was abducted on March 12, 2004, and remains missing. Mr. Neelaphaijitis had reportedly told close friends that he was receiving threatening phone calls and that he feared for his safety. In one call, he was told that security forces had put his name on a list of members of terrorists groups. Mr. Neelaphaijitis work in southern Thailand has included collecting signatures to support the end of the martial law in that region. He has also diligently promoted the rule of law and justice for Muslims suspected of terrorist activities and treason.
Mr. Chairperson,
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;
-Encourage 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 Recognized 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 measures adopted to combat 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, freedom of expression, freedom of movement);