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).