Johannesburg. 18 May 2010. CIVICUS: World Alliance for Citizen Participation warns that the operating environment for civil society in Kenya remains fraught with danger. As the spotlight is focused on impunity in Kenya by the international community including the International Criminal Court (ICC) and special representatives of the UN Office of the High Commissioner for Human Rights (OHCHR), civil society activists are facing grave risks.

Groups advocating for ending impunity for perpetrators of human rights violations and those that have documented the violations are particularly threatened. On 4 May 2010, a meeting organised by Bunge la Mwannanchi on the post election violence in Kenya was dispersed and four of its activists were detained and later released without charges. In April this year, Kenneth Kirimi, a member of the civil society group, Release Political Prisoners, was arbitrarily detained and severely tortured by security operatives requiring him to need medical treatment. He was questioned with regard to his work on collecting information about extra-judicial killings and sharing of information with the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Philip Alston.

Johannesburg. 28 March 2011.CIVICUS: World Alliance for Citizen Participation reiterates solidarity with pro-democracy protestors in Yemen and Syria. The international community must take concrete steps to ensure the safety of the protestors against deadly attacks.

"As the world's attention turns to the crisis in Libya, it's important that the international community doesn't lose sight of the legitimate struggles for democratic rights being waged by the Yemeni and Syrian people," said Netsanet Belay, Policy and Research Director of CIVICUS. "Thousands of people in these countries are risking their lives by coming out onto the streets to express their revulsion at the decades of repression by their governments. They must be protected in the exercise of their rights."

Joint letter to Chair of the African Commission on Human and People's Rights: Don’t provide political cover for brutal repression of Egyptian government(below letter sent to Chair Soyota Maiga, while ACHPHR meets in Banjul, Gambia)

Dear Chair Soyota Maiga,

We are writing to urge you to reject the bid to hold the upcoming African Commission on Human Rights and People's Rights (ACPHR) 64th ordinary session in Egypt. This decision, if taken could tantamount to ignoring the current violations taking place in the country. Egypt, under the rule of President Sisi, is in the throes of the most widespread and brutal crackdown on human rights committed by any Egyptian government in its modern history. Reflecting this reality, the United Nations (UN) human rights system, including the Office of the High Commissioner for Human Rights (OHCHR) and Special Procedures, has become increasingly vocal and robust in its criticism of the human rights situation in the country. This includes  recent  statements that strongly denounce the recent issuance of mass death sentences for individuals who have participated in protests within the country –and a rare call by experts representing six thematic mandates of the UN Human Rights Council to “urgently respond” to the government’s “appalling” behaviour. The EU’s European External Action Service has made similar criticism.

The Egyptian government’s continuous disregard to constitutional law and international human rights obligations lead to a series of appalling human rights violations (see annex attached to this letter). The judiciary has largely failed to hold to account those responsible for grave violations of international and national law and, in many cases, the courts have served as an instrument of repression for the authorities. Egyptian NGOs have documented 1,520 cases of enforced disappearance in Egypt between July 2013 and August 2018. More than 60,000 political prisoners are currently detained in Egypt, in dreadful conditions. The Egyptian NGO Committee for Justice documented at least 129 cases of death in custody in 2017 alone. Moreover, The UN Committee Against Torture’s 2017 annual report concluded “torture is a systematic practice in Egypt” fed by security forces’ impunity and high-level State acquiescence, and may amount to crimes against humanity.
 
Amid a national milieu distinguished by endemic torture and enforced disappearance and impunity, Egypt is currently in the middle of the most sweeping and repressive crackdown on fundamental freedoms, including dissent and other political expression in its modern history. This systematic repression threatens to wipe out any form of independent journalism and civil society in the coming period and had sweeping effects on the enjoyment of all individuals to their right to freedoms of expression, association and reunion. Indeed, the Egyptian government’s rejection of fundamental democratic processes and human rights principles is represented by its recent presidential elections held in March this year, which were assessed by fourteen regional and international organizations as neither free nor fair. Leading Egyptian human rights organizations previously warned the elections had become a dangerous "charade” likely to “exacerbate violence, terrorism and instability" in the country. Now the authorities are widely expected to soon make concrete moves to amend Egypt’s Constitution to abolish presidential term limits and allow President Sisi to run for a third term in 2022.

In face of this, a free and effective participation of Egyptian and non-Egyptian civil society organizations during the ACHPR sessions is also put into question. Our organizations have serious doubts all conditions would be met to allow NGOs to access the ACHPR, according to its mandate and practices. The security and safety of human rights defenders participating in this session may also not be guaranteed. The ACHPR has a key role to play and should reinforce its engagement with Egyptian national authorities, in order to contribute to upholding respect for human rights and fundamental freedoms in the country.

The ACPHR should not turn a blind eye to these atrocities. We fully support the UN High Commissioner for Human Rights Michelle Bachelet’s recent denunciation of the injustice of the Egyptian court. We urge the ACHPR to follow the High Commissioner lead in denouncing these violations in Egypt instead of rewarding it with hosting the 64th ordinary session. The African Commission should not raise its flag over the gravestone of human rights in Egypt.

Thank you for your consideration of our request.

We remain at your service should you require further information.

See Annex for more detailed information on the state of human rights and civic space in Egypt.

With Assurances of our Highest Consideration:

1    Cairo Institute for Human Rights Studies (CIHRS);    
2    Committee for Justice (CfJ)
3    Action for Community Transformation (ACT-NOW)
4    Adalah Center for Rights & Freedoms (ACRF)- Egypt
5    African Centre for Democracy and Human Rights Studies (ACDHRS)
6    Afrique arc-en-ciel
7    Afrique Arc-en-Ciel Togo
8    Algerian League for Human Rights (LADDH)
9    Arab Foundation for Civil and Political Rights-Nedal- Egypt
10    Associação Justiça, Paz e Democracia (AJPD) Angola
11    Association for Human Rights in Ethiopia (AHRE)
12    Associazione Ricreativa Culturale Italiana – (ARCI)
13    Belady Island for Humanity
14    Border center for support and consulting- Egypt
15    Center for Civil Liberties-Ukraine
16    CIVICUS
17    CNCD-11.11.11
18    Coalition of African Lesbians
19    Independent Commission for Human Rights in Western Sahara
20    Conectas Direitos Humanos
21    Consortium for Refugees and Migrants in South Africa (CoRMSA)
22    Defend Defenders (the East and Horn of Africa Human Rights Defenders Project)
23    Dignity
24    Egyptian Front for Human Rights
25    EuroMed Rights
26    Great Lakes Initiative for Human Rights and Development (GLIHD)
27    Human Rights and Development in Africa (IHRDA)
28    Human Rights Awareness and Promotion Forum- Uganda
29    Human Rights Concern - Eritrea (HRCE)
30    Human Rights Defenders Network- Sierra Leone
31    HuMENA for Human Rights and Sustainable Development
32    Initiative For Equal Right- Nigeria
33    Initiative for Equality and Non- Discrimination- Kenya
34    Initiative for Strategic Litigation in Africa (ISLA)
35    International Bar Association’s Human Rights Institute
36    International Commission of Jurist (ICJ)
37    International Federation for Human Rights (FIDH)
38    International Institute for Child Protection
39    International Lawyers (Geneva)
40    International Service for Human Rights (ISHR)
41    Iranti-South Africa
42    Kenya Human Rights Commission 
43    Kvinna till Kvinna Foundation
44    Moroccan Association for Human Rights (AMDH)
45    Moroccan Organization for Human Rights (OMDH)
46    Nadeem Center- Egypt
47    National Coalition for Human Rights Defenders-Uganda
48    National Coalition of Human Rights Defenders - Kenya (NCHRD-K)
49    National Human Rights Defenders Network Sierra Leone
50    National Human Rights Defenders Somalia/ Somaliland
51    Network for Solidarity, Empowerment and Transformation for All – NewSETA
52    Odhikar-Bangladesh
53    Organization for Women and Children (ORWOCH)
54    Queer Youth Uganda
55    Réseau des Défenseurs des Droits Humains en Afrique Centrale (REDHAC)
56    Réseau Doustourna (Tunis)
57    Southern Africa Human Rights Defenders Network
58    Synergia Initiatives for Human Rights
59    The Freedom Initiative
60    The Regional Center for Rights And liberties
61    Tunisian League for Human Rights (LTDH)
62    Uganda National NGO Forum
63    West African Human Rights Defenders ‘Network (ROADDH/WAHRDN)
64    World Organisation Against Torture (OMCT)
65    Zimbabwe Lawyers for Human Rights

Representatives of the undermentioned civil society organisations are still reeling with shock over the brutal killing of Eswatini human rights defender, Thulani Maseko. Such attacks and the ongoing violence against  pro-democracy campaigners in Eswatini make the search for peace and full respect for human rights in Eswatini even more urgent.

Johannesburg. 28 January 2011. CIVICUS: World Alliance for Citizen Participation is greatly saddened by the news of the tragic murder of prominent gay rights activist David Kato in Uganda on 26 January 2011. CIVICUS calls upon the government of Uganda to carry out an immediate and independent investigation into the murder and bring the perpetrators to justice.

🇵🇭#Philippines: The cold-blooded murder of Zara Alvarez is a travesty and yet another addition to the growing list of activists who have been attacked and killed in the country with impunity.

Statement: https://t.co/xrE3QXDRcR pic.twitter.com/TmLkWIqGAv

— CIVICUS (@CIVICUSalliance) August 19, 2020

CIVICUS, the global civil society alliance, denounces the tragic killing of human rights activist Zara Alvarez. Her murder highlights a wider pattern of attacks against human rights defenders, journalists and critics that has increased under the Duterte administration, and the need for an international investigation into the crimes.

CIVICUS speaks about the current war crime trial against former Liberian rebel commander Kunti Kamara with Adama Dempster, Secretary General of Civil Society Human Rights Advocacy Platform of Liberia.

Civil Society Human Rights Advocacy Platform of Liberia is a civil society network that brings together human rights civil society organisations (CSOs) across Liberia to advocate for human rights and bring justice and redress to the victims of human rights violations.

What is the significance of the ongoing trial of Kunti Kamara?

Kuinti Kamara’s trial is significant because it offers hope to the victims and survivors of Liberia’s civil wars, and especially to the direct victims of the atrocities he committed. It is also an indication that no one is above the law regardless of the position of power they occupy.

Kamara is the former commander of the United Liberation Movement of Liberia for Democracy. a rebel group active in the early 1990s. He stands accused of imposing a state of terror on the population of Lofa, a county in north-western Liberia, during the first civil war from 1989 to 1996, which left a quarter million people dead.

Widespread atrocities – unspeakable crimes – were committed in Liberia. Kamara is charged with crimes against humanity, torture and acts of barbarism. He appears to have been involved or complicit with the forced recruitment of child soldiers, gang rapes, sexual slavery, looting, extrajudicial executions and even cannibalism. Nobody who commits such crimes should be able to avoid judgment.

Kamara is among the second group of people to be prosecuted for their role in the civil wars. His trial has recently begun at a French Court of Appeals in Paris, where he is being prosecuted under the legal principle of universal jurisdiction, according to which crimes against humanity know no borders.

This means that no matter where the perpetrators find themselves, whether in the country where they committed their crimes or anywhere else, they can still be held accountable, and justice can be served. CSOs on the ground have had the opportunity to speak in trials involving Liberians abroad and victims and survivors have had their say. The international community is helping us seek justice by bringing the accused to trial. That makes it unique and important to the quest for justice in Liberia. 

How does civil society in general, and your organisation in particular, work for justice and accountability?

Since the civil wars ended in Liberia in 2003, civil society has played a leading role in seeking justice by investigating and documenting human rights abuses committed during the time of the conflict, advocating against the culture of impunity and helping victims, including by raising their voices.

To live in an environment that recognises human rights, we must first deal with unaddressed human rights violations that happened in the past. While we advocate for improving the current human rights situation, we also advocate for past human rights violations to be addressed so we can move forward.

Civil Society Human Rights Advocacy Platform of Liberia is a coalition of human rights CSOs. Along with the Global Justice Resource Project, a global digital platform that connects local CSOs seeking justice around the world, we document war-related atrocities committed in Liberia and work to make sure those responsible are prosecuted.

We understand that our society is still traumatised by the civil war, so we work to create awareness, educate and sensitise local communities on human rights issues. We train local human rights community-based CSOs across Liberia so they can also carry out advocacy work and help victims and survivors.

Advocacy is one of the strong elements of our work, which we use to shift the understanding of human rights issues at the national and regional levels so violations can be addressed. Our advocacy involves engaging with stakeholders from relevant institutions, the government and the international community. We specifically work with foreign governments so that any individual who committed crimes in Liberia during the civil wars can be prosecuted regardless of where they are in the world. Diaspora advocacy is also part of our work.

Over the years we have engaged in the follow up of the recommendations of the Liberian Truth and Reconciliation Commission (TRC), issued in 2009 and not yet implemented. We also conduct workshops with university students so they can learn about the importance of the TRC’s recommendations and measures the government should adopt to implement them.

We have had the opportunity to engage with the United Nations (UN) Human Rights Council’s Universal Periodic Review process by submitting a shadow report on the human rights situation in Liberia, and with the UN Human Rights Committee, where we participated in the review of the implementation of the TRC’s report.

Have you faced any challenges in the course of your work?

We have faced several challenges in doing our work. As human rights defenders we face continuous risk and are threatened by the very fact that we live among the people who committed the unspeakable crimes we work to bring justice over.

We have been placed under surveillance, followed and monitored by various groups that feel targeted by our work. People working on war crime cases have been threatened directly or indirectly through text messages and on social media. There is no law or policy to protect human rights defenders in Liberia. But because we want to see human rights recognised and respected, we continue to take the risk and carry on our work regardless of the threats.

Following up on the recommendations of the TRC report for more than a decade has also been challenging due to lack of political will and technical and funding support for advocacy around their implementation. Most organisations involved urgently need technical capacity to be able to continue their work. 

What are the chances that Kamara’s trial will bring justice?

The Kamara trial has given Liberians hope that when crimes are committed, there is a possibility of justice being done. The fact that charges were brought and Kamara was put on trial made us believe justice will be served. It is also an opportunity for the accused to prove his innocence.

The trial also made us more hopeful that the Liberian government will realise it must urgently implement a mechanism capable of bringing justice in the country. We understand this might take time due to lack of resources and capacity, but a plan should be put in place towards that end. Kamara’s trial highlights the importance of establishing a mechanism in Liberia so that other people who stand accused can be brought to justice and victims and survivors can receive justice no matter the time or place.

The recent visit to Liberia by the US Ambassador-at-Large for Global Criminal Justice, Beth Van Schaack, was a strong signal of support for our efforts to bring accountability and has given us a sense of hope and of being on the right path to challenging the culture of impunity.

What kind of support does Liberian civil society need from the international community?

We need the international community to encourage our government to live up to its responsibility to bring accountability and justice to its citizens when their human rights are violated. Our government has not shown the required political will so far, but we believe pressure from the international community will make it see the urgent need to hold perpetrators of war crimes accountable. The government should request support from the international community, including technical and financial support to establish a court to that end.

Funding is also needed to set up programmes to support victims and survivors. Most people who were sexually exploited during the wars have not even had the opportunity to seek medical help. So we also need the international community to help us put together and fund programmes bringing trauma counselling for victims, survivors and their families.

Read more here.

Civic space in Liberiais rated‘obstructed’by theCIVICUS Monitor.

Get in touch with the Civil Society Human Rights Advocacy Platform of Liberia through itsFacebook page.

Dr Shireen M Mazari
Federal Minister for Human Rights
Ministry of Human Rights
9th Floor, New Pak Secretariat (Kohsar Block)
Sector F-5, Islamabad, Pakistan

Concerns regarding civic space violations against thePashtun Tahafuz Movement (PTM)

CIVICUS: the World Alliance for Citizen Participation is a global alliance of civil society organisations (CSOs) and activists dedicated to strengthening citizen action and civil society around the world. Founded in 1993, CIVICUS has members in more than 170 countries.

The Pakistan NGO Forum (PNF) is an umbrella body composed of five networks of civil society organisations (CSOs) in Pakistan. Collectively, the networks have about 5,000 community-based organisations and CSOs as members. PNF’s primary mission is to create a conducive working environment for CSOs in Pakistan

We are writing to you with regards to our concerns on civic space violations against the ethnic Pashtun people and in particular the Pashtun Tahafuz Movement (PTM). The PTM mobilised nationwide against human rights violations against Pashtun people, sparked by the killing of a young Pashtun man, Naqeebullah Mehsud, by the police in January 2018.

As well as seeking justice for Naqeebullah’s killing, the movement mobilised around wider calls. Protesters have demanded the formation of a truth and reconciliation commission to examine human rights violations committed by the state and non-state actors in Pashtun areas, including enforced disappearances allegedly perpetrated by the Pakistan army, and extrajudicial killings. Protesters also continue to call for equal rights for Pashtun people, as guaranteed by the constitution, and the restoration of peace in Pashtun areas and the region in general.^[1]

The CIVICUS Monitor, which tracks civic freedoms on a global scale, has documented a series of violations by the authorities and other actors, as set out below.

The disruption of protests and arrest of protesters

Scores of protesters have been detained or charged since the beginning of the protests, some under terrorism charges. In most cases, many of those detained were released without charge after weeks in prison. 

• In March 2018, criminal cases were filed against Manzoor Pashteen and four other PTM leaders. The men were investigated for ‘provoking with intent to cause riot’ and ‘promoting enmity between different groups’ under sections 153 and 153a of Pakistan’s criminal code. According to human rights groups, the accusations were fabricated in “an attempt to smear the PTM and punish its leaders for exercising their rights to freedom of expression and freedom of assembly.”^[2]
• In March 2018, Manzoor Pashteen reported that PTM supporters had received threats that they would be implicated in terrorism offences.^[3] In December 2018, he was banned from entering Balochistan province on the grounds of “incitement of unrest in the province through his hate speech and incendiary statement against the state and its institutions.” The ban remains in place.^[4]
• In April 2018, at least 30 activists were arrested in the run-up to the Lahore rally. Police gave no reasons for the arrests; according to reports, “some bystanders kept asking the police as to why were they being picked up and where were they being taken to, but they gave no answer nor produced any arrest warrants as they whisked them away in their police van.”^[5]
• In May 2018, police lodged cases against more than 150 PTM supporters for holding rallies across Karachi. The 150 were accused of crimes ranging from sedition and rioting to terror offences. PTM leader and member of parliament (MP) Mohsin Dawar told news outlet Dawni that the cases were a “tactic” to sabotage PTM’s main Karachi rally, planned to be held on 13 May 2018.^[6]
• In June 2018, 37 PTM activists were arrested at a rally at the National Press Club in Islamabad. According to reports, they were made to sit in a prison van for three hours while the temperature was at almost 40 degrees Celsius before they were taken to Adiala jail. The 37 activists, who included several students, were subsequently charged with sedition.^[7] Their cases were referred to an anti-terrorism court, and all were denied bail until 24 September 2018, when the Islamabad district commissioner withdrew anti-terrorism charges.^[8]
• In October 2018, authorities filed a police report (FIR) against activists who had organised a peaceful protest in Bannu, in southern Khyber Pakhtunkhwa, the previous day.[9]
• In January 2019, scores of protesters and PTM leaders were arrested during a rally on the outskirts of Karachi. Between 250 and 300 people were accused of various crimes under Pakistan’s Penal Code and Anti-Terrorism Act.^[10] Among those arrested was Alamzeb Mehsud, a prominent PTM activist who had been profiling missing persons and other war victims. Footage of his arrest showed his vehicle being intercepted by the police on a busy road, and armed police officers forcing him to disembark before he was taken into custody. He was subsequently charged with inciting a riot, defamation, ‘promoting enmity between different groups’, and ‘statements conducing to public mischief’ read with Section 7 of Pakistan’s Anti-Terrorism Act. The court ordered him to be kept in custody for four days. Ali Wazir, a PTM leader and MP, was also charged, along with 15 other people.^[11]

According to reports, police routinely put pressure on local people to stay away from PTM protests in various cities in Pakistan. Local printing presses refused to print campaign posters while authorities pressured businesses to refuse to provide chairs and tents for protests. Ahead of an April 2018 rally in Swat, lawyer and PTM leader Iqbal Khan reported that officials in the Swat region made announcements from mosques to warn people against participating in the gathering.^[12]

Unlawful killing

Our organisations are also concerned about the allegations of unlawful killing of a PTM leader Arman Loni, died in police custody on 2 February 2019.^[13] He had been arrested earlier that day in the southwestern district of Loralai in Baluchistan after participating in a sit-in outside Loralai Press Club in protest against a recent terror attack. Several police officers reportedly physically assaulted him in public with rifle butts, and he suffered blows to the head and neck. A few hours later, he died in hospital.^[14] To date, we are not aware of any credible investigation into the killing or any attempt to bring the perpetrators to justice. Arman’s death was only registered by the police after two months.^[15] Our organisations are also seriously concerned about reports that witnesses to his killing have been tortured or otherwise ill-treated by security forces.[16]

Three days after the murder, more than 80 PTM protesters were detained by police after they gathered outside the National Press Club in Islamabad to protest about Aman’s death.^[17] At least 17 PTM members were subsequently charged under the West Pakistan Maintenance of Public Order Act of 1960 and moved to Adiala prison.

Judicial harassment and threats against activists

Activists have also faced harassment and threats for supporting the PTM. In August 2018, woman human rights defender Gulalai Ismail was accused, along with 19 other people, of making anti-state comments and using inflammatory language at a PTM rally in Swabi, Khyber Paktunkhwa province.^[18] The 19 PTM activists faced charges of ‘unlawful assembly’, ‘punishment for rioting’ and ‘punishment for wrongful restraint’. In October 2018, Gulalai was briefly detained at Islamabad airport as she re-entered the country from the UK. Officials kept her passport but could not tell her which government department had put her name on the Exit Control List (ECL), which imposes a ban on travelling outside the country, or why.^[19] In May 2019, the Peshawar High Court quashed[20] the charges against the PTM activists but Gulalai and other activists remain on the ECL.

Hayat Preghal, a social media activist and supporter of the PTM, was released on bail on 3 October 2018 after more than two months in jail for social media posts that were deemed critical of the Pakistani authorities.^[21] He had initially been detained in July 2018 while visiting his family and charged under sections 9 and 10 of Prevention of Electronic Crimes Act, 2016 for ‘anti-state activity through social media’, and sections 500 and 109 of the Pakistan Penal Code.

Restrictions on media coverage

We are also concerned that the authorities have attempted to suppress the PTM by silencing media coverage of the movement. In December 2018, internet service providers blocked the website of Voice of America's (VOA) Urdu language service. Its audience was primarily Pashto-speaking communities. Information Minister Fawad Chaudhry claimed the sites were blocked for “false and prejudiced reporting.” An intelligence source reported that the decision to block the website was triggered by VOA's coverage of PTM.^[22] An article by Manzoor Pashteen in the New York Times on 12 February 2019, entitled ‘"The Military Says Pashtuns Are Traitors. We Just Want Our Rights" was censored by its local publisher in Pakistan.[23]

Journalists covering protests have been targeted in a similar manner to participants. Sailaab Mehsud of Radio Free Europe / Radio Liberty's Mashaal radio and Zafar Wazir of a local TV channel were accused in December 2018 by police of “raising slogans against state institutions and inciting the public to violence, along with nearly 30 other people.” Authorities raised the allegations following the journalists’ presence at a rally in Khyber Pakhtunkhwa province. Sailaab said he and Zafar were covering the rally as journalists.^[24] In February 2019, the authorities halted the broadcasting of an interview with Manzoor Pashteen on a local Pashtu channel AVT Khyber.[25]

International obligations

These violations are inconsistent with Pakistan’s international obligations, including those under the International Covenant on Civil and Political Rights (ICCPR) which it ratified in 2008. These include obligations to respect and protect civil society’s fundamental rights to the freedoms of association, peaceful assembly and expression. These fundamental freedoms are also guaranteed in Pakistan’s Constitution. Further, during Pakistan’s Universal Periodic Review at the United Nations Human Rights Council in 2017, the government supported recommendations to safeguard freedom of expression, protect the right to life and freedom of expression of journalists and human rights defenders (HRDs), and to investigate all reports of attacks against them and bring perpetrators to justice. It also committed to combat all forms of discrimination, particularly against ethnic minorities.^[26]

We therefore make the following recommendations to the government of Pakistan:

• Put an end the harassment, stigmatisation, intimidation, unlawful surveillance, travel restrictions and arrest of peaceful PTM activists and ensure that they can freely express their opinions and dissent without fear of reprisals;
• Conduct a swift, thorough, independent and impartial investigation into the death in custody of activist Arman Loni, and ensure that those responsible for his death are brought to justice;
• Conduct impartial, thorough and effective investigations into all cases of attacks, harassment and intimidation against HRDs and journalists and bring the perpetrators of such offences to justice;
• Drop all charges against protesters, community activists and HRDs for exercising their right to the freedom of peaceful assembly and instruct the police that it is their duty to facilitate peaceful assemblies, rather than hinder them;
• Take immediate steps to ensure press freedom and halt all media restrictions against coverage of the PTM;
• Ensure that HRDs are able to carry out their legitimate activities without fear or undue hindrance, obstruction or legal and administrative harassment such as travel restrictions under the Exit Control List (ECL);
• Take steps to make enforced disappearances and torture a criminal offence and ensure that all allegations of such acts are thoroughly investigated and those responsible brought to justice.

We express our sincere hope that you will take these steps as a matter of priority and we hope to hear from you regarding our inquiries as soon as possible. We would be pleased to discuss these matters with you or other appropriate officials at any time.

Sincerely,      

David E. Kode
CIVICUS Advocacy & Campaigns Lead

Professor Mohamed Ismail
Pakistan NGO Forum

Cc:
Diplomatic missions in Pakistan

[1] ‘In Pakistan, long-suffering Pahtuns find their voice’, The New York Times, 6 February 2018, https://www.nytimes.com/2018/02/06/world/asia/pakistan-pashtun-long-march.html.

[2] ‘Peaceful Pashtun activists face criminal cases’, Amnesty International, 19 March 2018, https://www.amnesty.org/en/documents/asa33/8079/2018/en.

[3] ‘New Pashtun dissent meets old coercion tactics in Pakistan’, Gandhara, 26 March 2018, https://gandhara.rferl.org/a/Pakistan-pashtun-tahafuz-movement-coercion-tactics/29125095.html.

[4] ‘Balochistan extends ban on Pashteen’s entry,’ Dawn, 3 April 2019, https://www.dawn.com/news/1473567.

[5] ‘Civil Society condemns arrests of young activists’, The Daily Times, 27 April 2018, https://dailytimes.com.pk/232878/civil-society-condemns-arrests-of-young-activists.

[6] ‘Over 150 PTM activists booked for sedition, terrorism’, Dawn, 11 May 2018, https://www.dawn.com/news/1406903.

[7] ‘Islamabad police round up PTM supporters for holding anti-Taliban protest’, Pakistan Today, 9 June 2018, https://www.pakistantoday.com.pk/2018/06/09/islamabad-police-round-up-ptm-supporters-for-holding-anti-taliban-protest.

[8] ‘ATC case against 37 PTM activists withdrawn’, The Express Tribune, 24 September 2018, https://tribune.com.pk/story/1810320/1-atc-case-37-ptm-activists-withdrawn.

[9] ‘…meanwhile, FIR registered against PTM Bannu rally organisers’, Pakistan Today, 2 November 2018, https://www.pakistantoday.com.pk/2018/11/02/meanwhile-fir-registered-against-ptm-bannu-rally-organisers/

[10] ‘Scores held under anti-terrorism laws in Pashtun rights rally in Pakistan’, News 18, 22 January 2019, https://www.news18.com/news/world/scores-held-under-anti-terrorism-laws-in-pashtun-rights-rally-in-pakistan-2009657.html.

[11] ‘Pashtun rights activist Alamzeb Mehsud arrested in Pakistan’, Al Jazeera, 22 January 2019, https://www.aljazeera.com/news/2019/01/prominent-pashtun-rights-activist-arrested-pakistan-190122121631198.html and ‘PTM leaders booked under anti-terror law, one held’, Dawn, 22 January 2019, https://www.dawn.com/news/1459029

[12] ‘Pashtun campaigners complain of hurdles,’ Gandhara, 26 April 2018, https://gandhara.rferl.org/a/pashtun-campaigners-complain-of-hurdles-ahead-of-protest-in-pakistan/29194419.html.

[13] ‘Rights group condemns arbitrary detention of protesters in Pakistan and the police killing of activist’, CIVICUS, 8 February 2019, https://www.civicus.org/index.php/media-resources/media-releases/3720-global-rights-group-condemns-arbitrary-detention-of-pashtun-protesters-in-pakistan-and-the-police-killing-of-a-leading-activist.

[14] ‘Killing of Mr. Ibrahim Arman Loni & arbitrary detention of Ms. Gulalai Ismail and several PTM members’, Worldwide Movement for Human Rights, 14 February 2019, https://www.fidh.org/en/issues/human-rights-defenders/pakistan-killing-of-mr-ibrahim-arman-loni-arbitrary-detention-of-ms.

[15] ‘Case registered against Loralai police officer for Arman Loni’s death’, Dawn, 2 April 2019, https://www.dawn.com/news/1473444.

[16] See Mohsin Dawar, 17 May 2019, https://twitter.com/mjdawar/status/1129489961378635776

[17] ‘Abdullah Nangyal, Gulalai Ismail among dozens of PTM workers held in capital’, Pakistan Today, 5 February 2019, https://www.pakistantoday.com.pk/2019/02/05/abdullah-nangyal-gulalai-ismail-among-dozens-of-ptm-workers-held-in-capital.

[18] ‘Prominent human rights activist briefly held by Pakistan authorities’, Voice of America, 14 October 2018, https://www.voanews.com/a/prominent-human-rights-activist-briefly-held-by-pakistan-authorities/4612861.html.

[19] ‘Release Pashtun human rights defenders immediately and unconditionally’, Amnesty International, 12 October 2018, https://www.amnesty.org/en/latest/news/2018/10/pakistan-release-pashtun-human-rights-defender-immediately-and-unconditionally.

[20] ‘PHC orders quashing of FIR against PTM leaders’, Dawn, 10 May 2019, https://www.dawn.com/news/1481340.

[21] ‘Immediately and unconditionally release Muhammad Hayat Khan Preghal’, Amnesty International, 24 September 2018, https://www.amnesty.org/download/Documents/ASA3391512018ENGLISH.pdf.

[22] ‘Pakistan Tightens Coverage of Pashtun Rights Movement’, Voice of America, 11 December 2018, https://www.voanews.com/a/pakistan-tightens-coverage-of-pashtun-nationalist-movement/4696344.html.

[23] ‘Pakistan censors New York Times article by activist critical of military’, Straits Times, 12 February 2019, https://www.straitstimes.com/asia/south-asia/pakistan-censors-new-york-times-article-by-activist-critical-of-military.

[24] ‘Two journalists from D.I. Khan booked for covering protest rally’, Pakistan Press Foundation, 12 December 2018, https://www.pakistanpressfoundation.org/two-journalists-from-d-i-khan-booked-for-covering-protest-rally.

[25] See Tabinda M. Khan, 20 February 2019, https://twitter.com/tabinda_m/status/1098251413312876544

[26] Recommendations 152.170 (Cyprus), 152.176 (Greece), 152.175 (Norway) and 152.83 (Cote d'Ivoire) in ‘Report of the Working Group on the Universal Periodic Review: Pakistan’, United Nations Human Rights Council, 29 December 2017, https://www.ohchr.org/en/hrbodies/upr/pages/pkindex.aspx.

Following a year marked by massive mobilisation on the climate emergency, CIVICUS is interviewing civil society activists, leaders and experts about the main environmental challenges they face in their contexts and the actions they are taking. CIVICUS speaks with Jhewoung Capatoy, a young climate defender from the Philippines. Jhewoung is a community youth organiser with Young Bataeños Environmental Advocacy Network, a youth environmental organisation that promotes environmentally sustainable development and seeks to create awareness among youth to act to conserve the environment.

Why did you become an activist?

I come from the Lamao Limay Bataan community, which is about three hours away from the capital of the Philippines, Manila. I decided to get involved because local communities are suffering as a result of the establishment of coal-fired power plants. People are suffering from health issues and are dying as a result of environmental disasters. And people who speak up against this are also getting killed. Being an activist is dangerous, but if no one speaks up and acts against this, the situation will become normalised. If we don’t fight against the system, things will continue to be the way they are: people will continue to die and the impacts of the climate crisis will become unbearable to our communities. Most likely, a lot more people will die.

Deep down, one reason why I’m doing this is that I have lost people who were very dear to me. I went through an experience that marked me for life when I was in first grade, about seven years old, in 2004. A flash flood killed two neighbours who were also my close friends. Flash floods were caused by the construction of an energy plant in the area. Later on, when I started high school, I got in touch with a youth organisation that worked to protect Mother Nature. I got involved because I didn’t want to lose anyone else. I had realised that my friends had been killed by a corporation that only cared about making money, and by our own government, which colluded with the corporations and allowed everything to happen. Together, corporations and government are too powerful and if nobody stood up against them, they would be able to kill whoever they want. If nobody fought for it, our community would likely be gone in the near future.

However, being an activist also meant that I would continue to lose people. Soon after I got involved one colleague, a well-known climate defender, Gloria Capitan, was killed. She led the fight against coal-fired power plants because the pollution caused by these corporations in her area were causing people serious respiratory problems and other issues. We believe that both the corporations we were protesting against and our local government are responsible for her killing. We know who shot Gloria Capitan, but the police did not listen. They tried to cover everything up and have the case dismissed.

Can you tell us more about the work that you do?

We organise campaigns to educate people about the effects and impacts of dirty industries and how corporations are threatening our right to a secure environment. We organise people and we protest, mostly against coal-fired power plants. We also try to reach policy-makers and bring human rights violations to the attention of human rights bodies. We were once able to reach the Philippines Commission on Human Rights, which investigated what was happening and issued a resolution that acknowledged that these corporations were causing human rights violations in our community, as well as in other communities that have dirty industries in the Philippines. That was one of our greatest achievements because if the resolution is eventually disseminated to the public, we can find a way to hold corporations accountable and bring some reparation to the affected communities.

Did you take part in the global climate mobilisations in 2019?

Yes, our youth organisation, Young Bataeños for Environmental Advocacy Network, participated in the global climate strike in September 2019 by holding a local event. There also was a mobilisation in Manila, but we decided to protest locally, staying in the place where the coal-fired power plants are having their worse effects. The reason why we mobilised is that we want to hold these corporations, as well as the government that lets them have their way, responsible for what they are doing to our communities.

We had been mobilising and protesting since before the global strike, but the global climate strike was a good opportunity to put our issues out there. It was very useful as a framework because it was a global call to make corporations responsible for emissions. But we chose to participate in this global call from our own local communities, without going to demonstrate in Manila, in order to communicate that the reason why we are fighting is that the people in these communities are suffering the worst effects of global warming and the climate crisis. It is the rich of the global north who profit from these big corporations that emit carbon gases, but it is always us, the poor communities of developing countries, who suffer the worst environmental impacts of these industries.

True, people in developed countries are striking and mobilising, and it is good that they have called attention to what is happening, but let’s always remember that the impacts of the climate crisis are extremely unequal. The impacts that people in the global north are facing are not as devastating as the ones we are suffering in the Philippines. That’s the reason why we are mobilising: because it is us who are experiencing the consequences of their actions. It is not even a matter of choice really. We are a poor country in which people are dying due to the climate crisis, so we are fighting for our lives.

Have you had any participation in global climate forums?

Our youth organisation has not been able to take part in any international gathering. We basically have no access to that kind of spaces. Our organisation is local and no one has yet given us the opportunity to be under the spotlight. It would have been good if we had been invited because that would have meant an opportunity for us to represent people at the grassroots level. It is important to advocate for the environment, but you also have to make sure that you are representing the people who are most vulnerable. It is not enough not be there just because you believe that the climate crisis is happening. People should represent the real experiences and those who are negatively impacted by climate change.

The very people who are suffering the most from the climate emergency should be given the opportunity to speak for themselves. They should be invited to these forums so they can tell the world about their experiences. Those forums are big and impersonal and it would be important for participants to hear the stories of the people who are living in the areas where climate change and dirty industries are having their strongest impact. They are the ones who can really tell what’s happening, beyond what the media is covering, which is far from enough.

What support does your movement need from international sources, including international civil society?

Taking part in global networks is very useful for us. For instance, we’ve asked young people from Taiwan, who were participating in the 2019 Climate Action Summit, to send letters to our national and local governments to urge them to stop giving permits for corporations to increase their operations. Our government has planned to authorise two dozen new coal-fired power plants by the year 2030, so we are asking young people from other countries who are better connected to put pressure on our government. Letters coming from outside the country would mean a lot because they would show that our stories are not staying inside the country, that people from the outside world are listening and reacting to the pain and the suffering of the people in the Philippines.

International organisations like CIVICUS could also help amplify our stories and attract the attention of our government. This then could make our government rethink the path they have taken in generating energy.

It would be an even bigger help if the international community could help us financially in order to continue with our work. As climate activists, working with the local communities that are directly affected by climate change is always a challenge. I have had to leave my comfort zone, drop out of school and be away from my family. I stay in a community where there is little internet access or transportation. I go to work kilometres away from my house, to organise people, to give them updates and reassure them that I am with them for real. I do it because people need someone they can lean on, someone they can trust their stories with, someone they feel could help them.

Civic space in Philippines is rated as ‘obstructed’ by theCIVICUS Monitor.

Get in touch with the Young Bataeños for Environmental Advocacy Network through itsFacebook page.

Statement at 48th Session of the UN Human Rights Council

Delivered by Roneo Clamor, Karapatan

CIVICUS and Karapatan welcome the High Commissioner’s update.

In June 2020, the UN High Commissioner for Human Rights said that violations of human rights, including the widespread and systematic killing of thousands of alleged drug suspects, attacks on human rights activists and the vilification of dissent, were pervasive in the country, and accountability for these actions are virtually non-existent. We have seen no human rights progress on the ground, and the crisis of accountability persists.

The UN national joint programme for human rights adopted in July 2021 has minimal prospects to improve the situation on the ground, particularly given the obvious lack of political will to do so.

Those who protect human rights and call for justice continue to be targeted and attacked. Activists have been killed over the year both by the security forces and unknown individuals. In many instances this occurred following reports of them being red-tagged. In virtually none of the cases has anyone been held accountable.

Others, like 64-year-old human rights worker Teresita Naul, have been arrested on trumped up criminal charges without due process. Senator Leila de Lima remains in prison for politically motivated charges because of her actions to investigate killings in the drug war.

The draconian Anti-Terror Act, adopted in 2020, appears to be aimed at further criminalising dissent.

Justice is about holding perpetrators of human rights violations accountable, reparations for the victims, and the non-repetition of the crimes and atrocities committed. None of these will be forthcoming under the current administration, or the current resolution. We urgently call on the Human Rights Council to establish an overdue independent investigation in the Philippines.

Thank you.

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

CIVICUS speaks about the prospects of The Gambia’s former dictator Yahya Jammeh being put on trial with Adama Jallow, National Coordinator of the Gambia Center for Victims of Human Rights Violations (Victim’s Center).

Founded in 2017, the Victims Center is a civil society organisation (CSO) that seeks justice and reparations for victims of human rights violations under the dictatorship. It has successfully pressured the government to recognise the Truth, Reconciliation and Reparations Commission (TRRC).

What are the main conclusions of the TRRC report?

After consulting with victims of Yahya Jammeh’s inhumane treatment, the TRRC’s report concluded that Jammeh should be brought to justice and victims must receive help and support to recover from the atrocious experience they endured under the former dictator’s rule. The government has released a white paper in which it accepts the recommendations made by the TRRC. We believe this is huge, considering the amount of work civil society put into advocating for the establishment of the TRRC.

The TRRC report is a sort of roadmap we can use so that justice can be served in The Gambia. Out of the 265 recommendations made by the TRRC, the government rejected only two, while marking the rest for implementation. Many atrocities were committed under Jammeh’s dictatorship and were highlighted by both perpetrators and victims before the TRRC. These include sexual and gender-based violence, torture, enforced disappearances and killings, arbitrary detention and crimes in which the victims were accused of witchcraft.

The TRRC’s report states that The Gambia’s society and government institutions have a responsibility to prevent the reoccurrence of the crimes it documented. Its recommendations focus basically on the well-being of victims, who are expected to receive individual and collective reparations, and the prosecution of perpetrators. 

We initially did not think the government would agree to implementing the TRRC’s recommendations. It came as a shock to us when the government agreed to it, because it is a new experience for civil society to be seen and heard by the government. It is a positive indication that our government is prepared to work together with us. The fact that only two of the recommendations were rejected surpassed our expectations. Now we will focus on pushing the government to implement the recommendations.

What does the Victims Center do?

The Victim’s Center was established in 2017, right after the regime change. Under Jammeh’s rule citizens lived in an oppressive state that restricted their rights and freedoms, and there was no freedom of association, assembly and expression. Many human rights violations and abuses occurred, including killings, torture and other cruel, inhumane and degrading treatment, disappearances, arbitrary arrests and detention, sexual violence and the indiscriminate and illegal use of force. Many civil society activists and organisations were arrested because of the work they did – basically for speaking up against the regime and pushing for democracy.

When Jammeh was overthrown, and we got a new government, civil society and victims felt the need to seek justice and hold Jammeh accountable for the atrocities committed under his rule. We formed the Victims Center to offer a platform for victims to express their issues, seek support and assistance and advocate towards the government.

Part of our mission is to advocate for the TRRC report. We have been fortunate enough to receive international support. Organisations such as Human Rights Watch have released letters in solidarity with the victims and to demand the government responds to our advocacy asks. We have also worked closely with other CSOs and victim-led organisations to ensure that the government takes its duty seriously, recognises victims and provides reparations. We want to make sure the government provides reparations to all victims, without discriminating against anyone.

We have also seen a need to go out and sensitise people on transitional justice processes, victims’ rights and the cases submitted to the TRRC. The Victim’s Center has always been at the forefront of advocating and engaging with the Ministry of Justice and mobilising media to ensure victims are getting the help they need. Despite the challenges we have faced, such as intimidation and lack of capacity, we remain committed to helping victims get justice.

How has civil society advocated for prosecution?

The Gambia’s civil society has been very active throughout the process. We understood the importance of engaging with the government because it will play a key role in ensuring that justice is served. We had meetings with the Ministry of Justice staff to find out how they intend to support victims.

We have also disseminated press releases demanding that justice take place at the societal level. We think it is important to inform victims, their families and society at large about the contents of the TRRC report and how The Gambia’s society will benefit from it, so we have held conferences. We have also formed partnerships with other local and international CSOs to reach a wider audience and to put additional pressure on our government.

We know that our laws present obstacles. We were supposed to have a new constitution to replace the 1997 one, but the new text was rejected by the National Assembly. The legislation presently in place does not consider enforced disappearance or torture as crimes, which is something civil society advocates for. We now hope the National Assembly can adjust the old constitution to ensure the possibility of litigation in such cases. In the meantime, the Ministry of Justice has promised to form a body to handle cases involving crimes that are not codified in our legislation.

In essence, civil society has engaged extensively to ensure that Jammeh and other perpetrators face justice.

Do you foresee any challenges in the implementation of the report’s recommendations?

We foresee several challenges, one of them being the Ministry of Justice’s lack of capacity to handle cases of extrajudicial killings, enforced disappearance and torture. We need experts to oversee these cases so that everyone who is prosecuted is brought to justice.

Another challenge lies with our constitution, as neither the old nor the current draft recognises enforced disappearance and torture. These are some of the human rights violations victims experienced and we need them to be recognised so that victims can receive help and perpetrators can be tried.

We are also concerned about whether Jammeh can be brought to trial outside The Gambia, given that he is not currently residing in the country. We are trying our best to see how we can work with other organisations to address this issue.

But all these challenges have not discouraged us. We continue advocating with partners to ensure the TRRC’s recommendations are implemented. We are also putting pressure on the Ministry of Justice to come up with a realistic timeframe that will convince us that the government is really committed to implementing the recommendations. We encourage the government to work closely with CSOs and victim-led organisations to ensure they implement the white paper with an inclusive approach.

What kind of support does civil society in The Gambia need from the international community?

Local CSOs and victim-led organisations need funding to continue their advocacy work, build capacity and support victims. International CSOs should partner with us and advise us on a way forward in terms of what types of cases could be brought, and how they can be brought if the constitution is not changed or amended. We also need them to use their resources to put pressure on the Gambian government to make sure justice prevails.

Civic space in The Gambia is rated ‘obstructed’ by theCIVICUS Monitor.
Get in touch with the Gambia Center for Victims of Human Rights Violations through itsFacebook, and follow@gambia_vc on Twitter.