Tag Archive: United Nations General Assembly


HRD PROTECTION MANUALIntroduction

The universality of human rights does not guarantee that it is indeed respected, protected, and fulfilled. On the other hand, cases of human rights violations persist, in the Philippines and all over the world. Hence, there is a need to raise people’s awareness on human rights and how to defend them.

According to the United Nations document Human Rights Defenders: Protecting the Right to Defend Human Rights Fact Sheet No. 29,

“Human rights defender” is a term used to describe people who, individually or with others, act to promote or protect human rights. Human rights defenders are identified above all by what they do…[1]

 In summary, gathering and disseminating information, advocacy and the mobilization of public opinion are often the most common tools used by human rights defenders in their work…they also provide information to empower or train others. They participate actively in the provision of the material means necessary to make human rights a reality – building shelter, providing food, strengthening development, etc. They work at democratic transformation in order to increase the participation of people in the decision-making that shapes their lives and to strengthen good governance. They also contribute to the improvement of social, political and economic conditions, the reduction of social and political tensions, the building of peace, domestically and internationally, and the nurturing of national and international awareness of human rights.[2]

 Sadly, those who defend human rights are the ones who often face risks and challenges. Human rights defenders have become victims of harassment, arrest and detention, vilification campaigns, sometimes, even torture, or worse, enforced disappearance, or extrajudicial killing. State authorities are the most common perpetrators of violations against human rights defenders.

Who will then defend the defenders in situations when the human rights defenders themselves become targets of attacks?

In recognition of the risks faced by human rights defenders, steps have been made by the United Nations, no less, to guarantee their protection.

The first major step was formally to define the “defence” of human rights as a right in itself and to recognize persons who undertake human rights work as “human rights defenders”. On 9 December 1998, by its resolution 53/144, the General Assembly of the United Nations adopted the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (commonly known as the “Declaration on human rights defenders”). The second step was taken in April 2000, when the United Nations Commission on Human Rights asked the Secretary-General to appoint a special representative on human rights defenders to monitor and support the implementation of the Declaration.[3]

Despite positive developments on the protection of human rights defenders, there is a need for human rights defenders themselves to come up with comprehensive and realistic strategies to ensure their protection.

This manual aims to provide human rights defenders with practical knowledge and some effective tools that may be useful for improving their understanding on human rights defender’s security and protection. The manual is intended to help defenders to undertake their own risk assessments and define security rules and procedures which suit their particular situation.

Click to Download Entire Manual/Document:  PROTECTION MANUAL FOR HUMAN RIGHTS DEFENDERS


[1] Human Rights Defenders: Protecting the Right to Defend Human Rights Fact Sheet No. 29, Office of the United Nations High Commissioner for Human Rights, United Nations, Geneva, April 2004.

[2] Ibid.

[3] Ibid.

adil

11 August 2013

 
Prime Minister Sheikh Hasina 
Office of the Prime Minister
Gona Bhaban, Old Sangsad Bhaban, Tejgaon
Dhaka, Bangladesh
Email: info@pmo.gov.bd
 
 

 Dear Prime Minister Hasina,

The Human Rights Defenders-Pilipinas (HRDP) was informed by the Asia Forum for Human Rights and Development (Forum-Asia) and the ODHIKAR, a prominent human rights organization in Bangladesh, of the arbitrary arrest and detention of Mr. Adilur Rahman Khan, secretary of ODHIKAR by forces believed to be members of the Detective Branch of Dhaka Metropolitan Police.

We know Mr. Adilur Rahman Khan and his advocacies; we know ODHIKAR, its mandates and activities; and, we are worried of Adilur’s situation including that of his organization. As Human Rights Defenders (HRDs) we know by experience the possibilities of more violations under custody including the possibility of torture.  We are aware of the vilification proceedings usually conducted by States to organizations of HRDs to descredit their works.  Let us all be reminded that the United Nations General Assembly including Bangladesh unanimously approved the Declaration on Human Rights Defenders in 1998; that, human rights works are not anti- government unless the latter vowed to be despotic.

The nature of arrest without warrant employed by State agents against Mr. Adilur blatantly violated the due process of law.  Bangladesh, being a signatory of the International Covenant on Civil and Political Rights (ICCPR) in 2000, should know too well that actions of its agents contravene all the provisions in Article 9 of the said covenant.

We are therefore calling on the Government of Bangladesh to immediately release Mr. Adilur Rahman Khan from custody.  Respect and protect his rights including that of all Human Rights Defenders in Bangladesh.

Sincerely,

Renato G. Mabunga, Ph.D.
Chairperson, Human Rights Defenders – Piipinas (HRDP)
 
Copy Furnished:
 
 
Mr. Muhiuddin Khan Alamgir
Minister for Home Affairs
Email: mkalamgir@yahoo.com; minister@mha.gov.bd;
 
Barrister Shafique Ahmed
Minister for Law, Justice and Parliamentary Affairs
Email: info@minlaw.gov.bd
 
Mr. Hasan Mahmud Khandaker
Inspector General of Police
Email : ig@police.gov.bd
 
H.E. Mr. Abdul Hannan
Ambassador, Permanent Mission of the People’s Republic of Bangladesh to the United Nations in Geneva
E-mail: mission.bangladesh@ties.itu.int
 
Prof.  Dr. Mizanur Rahman, Chairman
National Human Rights Commission
Email: nhrc.bd@gmail.com,
 
High Commission of Bangladesh in New Delhi, India
Email: bdhcdelhi@gmail.com
 
Ms. Saartje Baes
Human Rights Defenders (HRD) Programme Officer, FORUM-ASIA

Email: saartje@forum-asia.org

26 June 2012

PRESS STATEMENT

In 1997, the United Nations General Assembly decided to mark this historic date and designated 26 June each year as International Day in Support of Victims of Torture.

On this significant day, the Human Rights Defenders-Pilipinas together with the human rights communities worldwide commemorates this important date in pushing through a much needed process of globalizing human rights and acknowledging torture, and all forms of inhuman or degrading treatment or punishment, as absolutely prohibited and universally illegal.

Torture has no place in a civilized society like ours. But we are gravely concerned of its continuing practice not only to persons under investigation but against human rights defenders.

A recent case showed that farmer-leader Franklin Barrera, 18, claimed that he was abducted and tortured by the military. This happened on June 7, 2012 in Lopez, Quezon Province.

Barrera was allegedly hit in the nape with a rifle butt when he failed to identify the persons in the picture presented by the military. He claimed that he was forced to swallow three spoonful of salt and made to drink water to liquefy it. He managed to escape and was eventually confined at Doña Martha Memorial Hospital in Atimonan, Quezon.

Given this incident, we call not just for a reorientation but also reformation of our institutions in the work for human rights, particularly the protection and promotion of the rights of human rights defenders with the likes of Barrera.

Soon we hope that human rights defenders are truly considered partners in the creation of a worldwide culture of human rights, peace and development — where torture becomes a thing of the past and where human rights defenders are protected in the conduct of their duties.

In the latest United Nation’s process of Universal Periodic Review (UPR) last month, the Philippines claimed a decrease in the number of reported cases of torture, enforced disappearances and extra-judicial killings; but, one victim of any human rights violations is too many. Efforts to prosecute perpetrators remain insufficient. And there is still much concern over slow convictions for human rights violations.

Up until now, cases involving Maj. Gen. Jovito Palparan, Jr, who is accused of torture, killing and disappearance of political activists have not been resolved. Palparan is still at large.  Based on unconfirmed reports he is currently under the protection of close friends in the military and private individuals.

It is not a question of whether or not cases of torture have been lessened.  It is on how our government solves and permanently eradicates this procedure in their practices. The police and military should seriously respond to this challenge by identifying concrete steps, clear policy and truthful implementation of their sworn duty based on the international standards of human rights.

Finally, as a measure of sincerity to end cruel, degrading and inhuman act, the government especially President Benigno Aquino III must openly declare war against torturers, and yield them with appropriate penalties they deserve.###

By Renato G. Mabunga, Ph.D.

(This is a shortened version of the research commissioned by the Association of Major Religious Superiors in the Philippines (AMRSP) to provide guidance and make better its Sanctuary Program. This is an exposé of selected countries Witness Protection Programmes (WPP) in an attempt to draw some lessons to further protection of witnesses and their families from eventual retaliation of antagonistic elements of society.)

Introduction:

As the term suggests “witness protection programme” is a security mechanism provided for threatened witnesses and their families or other related persons or any person involved in the justice system whose lives are endangered due to testimonies they are willing to divulge to shed light to a crime in order to propel the rule of law. The idea behind being in this program is to protect vital informants and to ensure fair and successful prosecution. This is propelled by the assumption that “person who committed the crime is usually the type of person who will take retribution against the party who is willing to tell what they seen” (Lopez, 2008). This means provision of protection before, during and to some extent after a trial.

Usually, witness protection is required in cases against organized crime. This is so after law enforcement’s or professional evaluation that witnesses are more likely at risks of intimidation or threats by supporters of a defendant or accused. However, there is much likely to see when the accused of a crime is part of the law enforcement institution. There is a need to establish effective protection mechanisms alongside building the capacity and ensuring the integrity of those who implement the programme.

In the Consolidated Response (07-008) of the International Network to Promote the Rule of Law or INROL (Toomey, 2007), it classified protection measures as Short-term Measures and Longer-term Measures to Protect Witnesses. Both measures detail out legislative and regulatory requirements in determining who and when to protect; strategies on how to protect; the use of procedural and formal witness protection. Short-term measures are those that need temporary protection while the case is under investigation. Long-term measures are those that need total relocation and change of identity even as the trial has ended because of the gravity of the case and its repercussions to the witnesses and their families or other related persons.

Among the many features of witness protection range from protection of witness’ identity during investigation and trial, assigning security detail, court injunctions and retraining orders, provision of safe houses, allotment of monthly allowances, provision of new identity and the other covert plans and made-up stories for protection. All these necessitate the effective functioning of the all the pillars of justice system. These also require persons under the program to prepare from temporary to total dislocation both physically and economically; emotional and psychological detachments from members of the family and friends; trauma and distrust – which are all detrimental if not handled properly not only to the witnesses but more so to their families especially the children.

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