human rights defenders targeted

• Philippines: Government must stop judicial harassment against human rights groups

  CIVICUS, a global civil society alliance, is alarmed by the ongoing judicial harassment against members of three human rights groups that have been accused of perjury for seeking legal protection from the Supreme Court against government harassment and intimidation.

• India: Release human rights defender Khurram Parvez & stop harassment of activists in Jammu & Kashmir

  

  Ahead of his upcoming hearing on 21 January 2022, CIVICUS, a global civil society alliance, calls on the government of India to immediately and unconditionally release human rights defender Khurram Parvez. The judicial harassment he is facing highlights the repressive environment for activists and critics in Indian administered Jammu and Kashmir.

• Indonesia: Release Victor Yeimo and hold perpetrators of human rights violations in Papua accountable

  CIVICUS, a global civil society alliance, and Asian Human Rights Commission (AHRC) are gravely concerned by the ongoing prosecution of human rights defender Victor Yeimo.

• JORDAN: ‘Commercial spyware that enables digital repression and abuse must be completely banned’

  CIVICUS speaks with Access Now about their forensic investigation that exposed the use of Pegasus spyware to target activists and journalists in Jordan. Access Now is an international civil society organisation that works to defend and extend the digital rights of people and communities at risk.

  

  What restrictions do Jordanian journalists and activists face?

  Over the past four years, the Jordanian government has dialled up its crackdown on the rights to freedom of association, expression and peaceful assembly. Journalists, human rights defenders, labour unions and activists are routinely harassed, detained and prosecuted under vague and draconian laws. In late 2022 and throughout 2023, several lawyers, journalists and activists were arrested in connection with protests or for their social media posts.

  Repression has deepened as a result of the new cybercrime law adopted in August 2023. This law threatens online freedom of expression on the basis of ambiguous and overly broad provisions about ‘spreading fake news’, ‘promoting, instigating, aiding or inciting immorality’, ‘online assassination of personality’, ‘provoking strife’ and ‘undermining national unity’. The law is now being weaponised to quash pro-Palestinian protests and activism in Jordan. Since 7 October 2023, hundreds of protesters expressing solidarity with Palestinians in Gaza have been detained and many others prosecuted under this draconian law.

  Our recent forensic investigation into the use of NSO Group’s Pegasus spyware in Jordan has revealed an additional layer of repression, with at least 35 people being targeted for no reason other than their peaceful political dissent and human rights advocacy.

  How’s spyware used, and who’s using it?

  In January 2022, Access Now and Front Line Defenders revealed that Pegasus spyware had been used to hack prominent Jordanian human rights lawyer Hala Ahed. Hala was hacked in March 2021, and it was an isolating and traumatic experience for her. Access Now then joined Citizen Lab to further investigate the use of Pegasus spyware in Jordan.

  Our joint forensic investigation uncovered a terrifyingly widespread use of Pegasus to target Jordanian media and civil society. We found traces of Pegasus spyware on the mobile devices of 30 activists, journalists, lawyers and civil society members. Further forensic analysis by our partners Human Rights Watch, Amnesty International’s Security Lab and the Organized Crime and Corruption Reporting Project identified five more Pegasus victims, bringing the total to 35.

  This is the largest pool of Pegasus victims uncovered in Jordan so far, but we believe actual numbers are much higher. We don’t know exactly who is behind these attacks because spyware manufacturers such as NSO Group make the identification of perpetrators of cyberattacks very hard.

  The NSO Group blatantly claims its surveillance technologies are crucial for governments to fight crime and terrorism. Conveniently, this is the same pretext used by dictators and repressive regimes to criminalise the work of journalists and activists and prosecute them under draconian counterterrorism and cybercrime laws. It’s a match made in hell, as a result of which activists and journalists are hacked, prosecuted, jailed, tortured and killed merely for exercising their rights or doing their job.

  What can activists and journalists do to protect themselves?

  Unfortunately, given their stealthy nature, there’s no bulletproof protection against spyware attacks. Zero click spyware doesn’t require any interaction between the software and the user of the hacked device. It basically exploits a vulnerability in the device’s software to infect it without the user’s knowledge.

  Still, there are some basic protection measures everyone should implement. For example, every time a vulnerability is discovered, Apple patches it, which means it’s important for users to ensure their device’s operating system is always up to date, otherwise the patch won’t apply. Activists can also enable the Lockdown Mode feature on their Apple devices, which seems to be helping protect at-risk users.

  How does Access Now hold governments and companies accountable?

  For years, Access Now and broader civil society have been campaigning for a global moratorium on the export, sale, transfer, servicing and use of targeted digital surveillance technologies until rigorous human rights safeguards are put in place. Commercial spyware that enables digital repression and abuse worldwide, such as Pegasus, must be completely banned. We are not there yet, but this is our baseline to rein in the surveillance tech industry.

  There have been some positive steps toward holding spyware companies accountable. For instance, a number of Israeli spyware outfits including NSO Group, Candiru and four Intellexa entities were added to a list of the US Department of Commerce that includes entities engaging in activities contrary to the USA’s national security or foreign policy interests. The latest addition to the list was the Canada-based firm Sandvine, blacklisted for enabling digital repression in Egypt. In February 2024, the US State Department also announced a new visa sanctions policy that will deny visas to anyone involved in, facilitating or deriving financial benefit from the misuse of commercial spyware around the world.

  Civil society plays a vital role in exposing how these shady companies profit from facilitating human rights abuses around the world and demanding accountability for violations and reparation to spyware victims. Its continued work is key to holding governments and spyware companies accountable.

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  Civic space in Jordan is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with Access Now through itswebsite orFacebook andInstagram pages, and follow@accessnow on Twitter.

• Pakistan: Removal from Open Government Partnership another sign of the repressive civic space environment

  CIVICUS, the global civil society alliance, is appalled by the Pakistani government’s failure to keep its commitments to the Open Government Partnership (OGP), which has led to its removal.

• Singapore: Jolovan Wham’s sentencing highlights repressed civic space

  The sentencing of Singaporean activist Jolovan Wham highlights the increasingly repressive space for activists and human rights defenders in Singapore, said the Asian Forum for Human Rights and Development (FORUM-ASIA), CIVICUS: World Alliance for Citizen Participation, and Think Centre in a joint statement today.

• Thailand: First conviction under Article 112 for protest act sets a disturbing precedent for civic space

  Following the conviction of Narin - a protester who placed a sticker over the Thai King’s portrait under Article 112 (lese majeste) - on Friday, 4 March 2022, the Asian Forum for Human Rights and Development (FORUM-ASIA), CIVICUS: World Alliance for Citizen Participation, and Asia Democracy Network (ADN) said:

  The conviction of Narin under Article 112 (lese majeste) for placing a sticker with the logo of a satire page ‘Gukult’ over a portrait of the King during a democracy protest in September 2020 sets a disturbing precedent for civic space in Thailand. This marks the first time a Thai court sentenced an individual to imprisonment under the draconian lese majeste law for such an act during a protest. The verdict demonstrates the government’s intensifying targeting of individuals and allies of the pro-democratic movement.

  Narin was found guilty and sentenced to three years, which was reduced to two years after his testimony. The court ruled that Narin had acted to ‘insult’ and ‘defame’ the King under Article 112. Right after reading the decision, Narin was released on 100,000 THB bail.

  Thailand, as a State Party to the International Covenant on Civil and Political Rights (ICCPR), must respect and protect fundamental freedoms for all individuals. We reiterate our call to repeal Article 112 and all other laws used to curtail free expression and demand an immediate and unconditional release of all detainees who are being held in prison under this act. 

   

  Civic Space in Thailand is rated as Repressed by the CIVICUS Monitor

   

   

   

• Thailand: States must urge the government to address the deterioration of fundamental freedoms

  #Thailand: CIVICUS & @adn_asia urge @UN member states to raise concerns about civic freedoms, including the systematic repression of pro-democracy activists & journalists in the upcoming #UPR39 review at the @UN_HRC tomorrow https://t.co/VnRoJocqeH pic.twitter.com/ezNAQuJTJ6

  — CIVICUS (@CIVICUSalliance) November 9, 2021

  As Thailand’s human rights record is examined at the Human Rights Council on 11 November 2021, CIVICUS and the Asia Democracy Network (ADN) call on UN member states to raise serious concerns about Thailand’s civic freedoms.

  In the previous UPR cycle in 2016, Thailand committed to guarantee and respect the right to freedom of expression, assembly, and association; put an end to all forms of harassment and intimidation of human rights defenders; and ensure that all legislation comply with international human rights standards protecting fundamental freedoms. It received 35 recommendations related to civic space, accepting 10 and noting 25.

  Thailand has not upheld these commitments. A joint submission by CIVICUS and ADN to the Human Rights Council in March 2021 highlighted Thailand’s ongoing use of repressive laws against human rights defenders, activists and journalists as well as harassment, physical attacks and allegations of enforced disappearances of activists. Our organizations also raised concerns about the crackdown on peaceful protests, the arrests and criminalization of protesters and the use of excessive force by the police.

  Over the last four years, criminal defamation laws such as section 116 of the Penal Code on sedition have been used to quash dissent by the authorities. More recently, sedition charges have been brought against human rights defenders involved in protests calling for democratic reforms. Although rarely used since 2018, there has been an escalation of investigations and arrests for lèse majesté (section 112 of the Penal Code) since November 2020 against the leaders of the pro-democracy movement.

  Other concerns related to freedom of expression include the Computer-Related Crime Act (CCA), which allows the authorities to conduct surveillance on online content and prosecute individuals under broadly defined offences and the cybersecurity law passed in 2019 that gives the government sweeping access to people's personal information. Outspoken media outlets and reporters have also often face intimidation and punishment for commentaries critical of the authorities.

  “In the upcoming session at the Human Rights Council, states must use the opportunity to call out Thailand for its systematic repression of pro-democracy activists, human rights defenders and journalists. These actions are inconsistent with Thailand’s international obligations,” said Cornelius Hanung, Advocacy and Campaigns Officer for Asia from CIVICUS.

  The Thai authorities have also imposed restrictions on peaceful protests in recent years and arbitrarily arrested peaceful protesters. In 2020, at least 90 people joining peaceful protests were arrested between 13 and 21 October 2020 by the police. The use of excessive force by the police to disperse protesters have been widely reported. On 17 November 2020, during a protest outside parliament, police used water cannon laced with purple dye and an apparent teargas chemical, as well as teargas and pepper spray grenades, to forcibly disperse thousands of protesters, including students, some of whom were children.

  “No one should be detained merely for exercising the right to peaceful assemble. The authorities must immediately end its harassment of protest leaders and participants and release all those detained. There should also be prompt, effective and independent investigations into any violations during protests and perpetrators held accountable,” said Ichal Supriadi, Secretary General at Asia Democracy Network.

  Civil society organizations, pro-democracy groups, student networks and labor groups in Thailand have been subjected to restrictions and multiple forms of intimidation for carrying out their work. More recently, the Thailand Government is considering a revised NGO law that contains arbitrary and vague-defined powers that could be used to muzzle civil society groups and non-governmental organizations (NGOs). It includes excessive punishments, places discriminatory restrictions on organizations that receive foreign funding and allows for intrusive surveillance and searches without judicial oversight.

  Key recommendations that States should make include:

  • Ensure that processes to draft any new laws to oversee the formation and operation of CSOs include meaningful consultation with CSOs and HRDs and are consistent with international law and standards related to the freedom of association.
  • Provide HRDs, civil society members and journalists with a safe and secure environment in which they can carry out their work. Conduct impartial, thorough and effective investigations into all cases of attacks, harassment and intimidation against them and bring the perpetrators of such offences to justice.
  • Specifically, repeal or review article 112 (lèse-majesté) and article 116 (sedition) of the Penal Code to bring it in line with the ICCPR, UN Human Rights Committee General Comment No. 34 and the UN Declaration on Human Rights Defenders
  • Specifically, review and amend the Computer Crime Act and Cybersecurity law to ensure that these laws are in line with best practices and international standards in the area of the freedom of expression.
  • Ensure that journalists can work freely and without fear of criminalization or reprisals for expressing critical opinions or covering topics that the government may deem sensitive.
  • Unconditionally and immediately release all protesters detained for exercising their right to the freedom of peaceful assembly and drop all charges against them.
  • Review and, if necessary, update existing human rights training for police and security forces, with the assistance of independent CSOs, to foster the more consistent application of international human rights standards, including the UN Basic Principles on the Use of Force and Firearms

  The examination of Thailand will take place during the 39th Session of the UPR on 10 November 2021. The UPR is a process, in operation since 2008, which examines the human rights records of all 193 UN Member States every four and a half years. The review is an interactive dialogue between the State delegation and members of the Council and addresses a broad range of human rights topics. Following the review, a report and recommendations are prepared, which is discussed and adopted at the following session of the Human Rights Council.

  Civic space in Thailand is rated as repressed by the CIVICUS Monitor

• UN Human Rights Council should renew the mandate of the Commission of Inquiry on Burundi

  Statement at the 48th Session of the UN Human Rights Council

  Delivered by Paul Mulindwa

  Thank you, Madame President.

  CIVICUS and independent Burundian civil society organisations welcome the work of the UN Commission of Inquiry (CoI) on Burundi, and its comprehensive report on situation of human rights in the country, which provides critical oversight. We urge the UN Human Rights Council to ensure continued scrutiny of Burundi through the renewal of this mandate.

  There has been no improvement in the human rights situation in Burundi since the 2020 change in government. Civic space remains closed, with independent and critical voices, including civil society organisations and human rights defenders targeted. Lawyer Tony Germain Nkina, was sentenced to five years in prison as recently as June 2021. Several media outlets are still unable to operate due to restrictions. Many civil society activists and independent journalists remain in exile, while those in Burundi continue to face intimidation, detention, or trials on trumped up charges.

  Armed clashes between members of the security forces, sometimes supported by the Imbnerakure, and members of armed groups, continue with increased attacks on civilians.

  In light of this, we reiterate our calls on the Council to renew the CoI’s mandate to ensure continued monitoring and documentation of the human rights situation. We call on the government of Burundi to fully implement the 2020 electoral and presidential promises on improving the human rights situation in the country.

  We thank you.

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  Civic space in Burundi is rated as closed by the CIVICUS Monitor