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Annu A l Repo R t 2014
Annu A l Repo R t 2014
Annu A l Repo R t 2014
Annu A l Repo R t 2014
Annu A l Repo R t 2014
Annu A l Repo R t 2014
Annu A l Repo R t 2014
Annu A l Repo R t 2014

Annu A l

Repo R t

2014

Annu A l Repo R t 2014
A nnu A l Repo R t 2014 Cover: Demonstrators in front of police forces
A nnu A l Repo R t 2014 Cover: Demonstrators in front of police forces
A nnu A l Repo R t 2014 Cover: Demonstrators in front of police forces
A nnu A l Repo R t 2014 Cover: Demonstrators in front of police forces
A nnu A l Repo R t 2014 Cover: Demonstrators in front of police forces

A nnu A l

Repo R t

2014

Cover: Demonstrators in front of police forces protest against a third term of President Pierre Nkurunziza in Musanga, in the suburbs of Bujumbura (Burundi).

04 our Fundamentals 05 A universal and Federalist Movement 06 178 Member organisations 07
04 our Fundamentals 05 A universal and Federalist Movement 06 178 Member organisations 07
04 our Fundamentals 05 A universal and Federalist Movement 06 178 Member organisations 07

04

our Fundamentals

05

A universal and Federalist Movement

06

178 Member organisations

07

International Board

08

International Secretariat

10

priority 1

Supporting Human Rights Defenders

20

priority 2

Promoting and Protecting Women’s Rights

27

priority 3

Promoting and Protecting Migrants’ Rights

33

priority 4

Promote the Administration of Justice and fight against Impunity

44

priority 5

Strengthening Respect For Human Rights in the Context of economic Globalisation

51

priority 6

Conflicts, Closed and Transition Countries: Defending Democratic Principles and Supporting Victims of the Most grave Violations

51

> Maghreb and the Middle east

57

> Sub-Saharan Africa

65

> the Americas

70

> Asia

76

> east europe and Central Asia

82

FIDH organisational Implications

90

Financial Report 2014

91

Acknowledgements

Our Fundamentals

Our mandate: Protect all rights

the International Federation for Human Rights (FIDH) is an international nGo. It defends all human rights – civil, political, economic, social and cultural – as contained in the universal Declaration of Human Rights.

Our commitment: Three pillars of action

FIDH acts in conjunction with its member and partner organisations. Its actions are founded on three strategic pillars:

securing the freedom and capacity to act for human rights defenders, the universality of rights and their effectiveness.

Guiding principle: The accountability of all

FIDH’s work is directed at States as primary human rights guarantors. However, it also addresses non State actors such as armed groups and multinational corporations. FIDH is committed to holding individual perpetrators of international crimes to account through the international criminal justice system.

Ethics: Independence and objectivity

FIDH is a non partisan, non sectarian, apolitical and not for profit organisation. Its secretariat is headquartered in France, where

FIDH is a recognised nGo. FIDH’s independence, expertise and objectivity are the hallmarks of its credibility. It maintains this by acting with complete transparency.

Interaction: Local presence - global action

As a federal movement, FIDH operates on the basis of interaction with its member organisations. It ensures that FIDH merges on-the-ground experience and knowledge with expertise in international law, mechanisms of protection and intergovernmental bodies. this unique combination translates through joint actions between FIDH and its member organisations at national, regional and international levels to remedy human rights violations and consolidate processes of democratisation. It makes FIDH highly representational and legitimate.

A system of governance:

Universality and transparency

FIDH’s structure and operations place its member organisations at the heart of the decision making process, and reflect its principles of governance.

making process, and reflect its principles of governance. FIDH Congress, May 2013, support to detained human

FIDH Congress, May 2013, support to detained human rights defenders Ales Bialiatski (Belarus) and Nabeel Rajab (Bahrein) © FIDH

A Universal and Federalist Movement

The Congress

• Is composed of the 178 member organisations of FIDH since the end of the FIDH Congress in turkey in 2013;

• Meets every three years;

• Discusses the FIDH thematic and geographical priorities and decides on the policy orientations of FIDH.

The International Board

• Comprises 22 volunteers from FIDH member organisa- tions. the Board is elected by the Congress and consists of the president, the treasurer, 15 Vice-presidents and 5 Secretaries-General;

• Determines FIDH’s main strategic goals and orientations, according to the policy orientations set by the Congress and approves the annual accounts;

• Meets three times a year and reports to the Congress.

The Executive Board

• Is composed of the President, the Treasurer, 5 Secretaries General and 5 Deputy Secretaries General;

• Prepares and organises the meetings of the International Board;

• Meets once a month and reports to the International Board.

The International Secretariat

• Based in Paris, it is composed of a team of professionals managed by a Chief executive officer and an executive Director, who sit as non-voting advisory members of the International and the executive Boards. the team is structured by regions, action priorities, and delegations. the International Secretariat has permanent delegations at the united nations in new York and Geneva, at the european union in Brussels, before the International Criminal Court in the Hague; regional offices in tunis and pretoria; and offices in conjunction with member organisations in Conakry, Abidjan, and Bamako. It also comprises a Communications and public Relations department, and an Administrative and Financial Support department. • In permanent contact with the actors in the field, the International Secretariat implements the decisions of the FIDH policy-making bodies in conjunction with the member organisations, the chargés de mission, and members of the International and executive Boards.

Key activities 2014
Key
activities
2014

Advocacy

missions

before inter-

governmental

organisations

100

International

missions

62

Fact-finding

reports

and

position

papers

40

Material

support

to defenders

at risk

60

Alerts

on the

situation of

defenders

240

Judicial

actions

on behalf

of victims

110

178 Member Organisations

AFGHAnISTAn, ARMANshAhR/OPeN AsiA / AlbAnIA, ALbANiAN hUMAN RighTs gROUP (AhRg) / AlGERIA, COLLeCTiF des FAMiLLes de disPARU(e)s eN AL- gÉRie (CFdA) / AlGERIA, LigUe ALgÉRieNNe de dÉFeNse des dROiTs de L’hOMMe (LAddh) / AnGolA, AssOCiAçãO JUsTiçA PAZ e deMOCRACiA (AJPd) / ARGEnTInA, LigA ARgeNTiNA POR LOs deReChOs deL hOMbRe (LAdh) / ARGEnTInA, COMiTÉ de ACCióN JURídiCA (CAJ) / ARGEnTInA, CeNTRO de esTU-

diOs LegALes Y sOCiALes (CeLs) / ARMEnIA, CiviL sOCieTY iNsTiTUTe (Csi) / AuSTRIA, OsTeRReiChisChe LigA FUR MeNsCheNReChTe (OLFM) / AzERbAI- JAn, hUMAN RighTs CeNTeR OF AZeRbAiJAN (hRCA) / bAHRAIn, bAhRAiN hUMAN RighTs sOCieTY (bhRs) / bAHRAIn, bAhRAiN CeNTeR FOR hUMAN RighTs (bChR) / bAnGlADESH, OdhikAR / bElARuS, hUMAN RighTs CeNTeR viAsNA / bElGIuM, LigA vOOR MeNsCheNReChTeN (LvM) / bElGIuM, LigUe des dROiTs de L’hOMMe - beLgiqUe / bEnIn, LigUe POUR LA dÉFeNse des dROiTs de L’hOMMe AU bÉNiN (Lddhb) / bolIVIA, AsAMbLeA PeRMANeNTe de deRe- ChOs hUMANOs de bOLiviA (APdhb) / boTSWAnA, The bOTswANA CeNTRe FOR hUMAN RighTs – diTshwANeLO / bRAzIl, MOviMeNTO NACiONAL de diReiTOs hUMANOs (MNdh) / bRAzIl, JUsTiçA gLObAL (CJg) / buRkInA FASo, MOUveMeNT bURkiNAbÉ des dROiTs de L’hOMMe eT des PeUPLes (MbdhP)

/ buRMA, ALTseAN bURMA / buRunDI, LigUe bURUNdAise des dROiTs de L’hOMMe (iTekA) / CAMboDIA, CAMbOdiAN hUMAN RighTs ANd deveLOPMeNT

AssOCiATiON (AdhOC) / CAMboDIA, LigUe CAMbOdgieNNe de dÉFeNse des dROiTs de L’hOMMe (LiCAdhO) / CAMERoon, MAisON des dROiTs de L’hOMMe (Mdh) / CAnADA, LigUe des dROiTs eT des LibeRTÉs dU qUÉbeC (LdL) / CEnTRAl AFRICAn REPublIC, LigUe CeNTRAFRiCAiNe des dROiTs de L’hOMMe (LCdh) / CEnTRAl AFRICAn REPublIC, ORgANisATiON POUR LA COMPAssiON des FAMiLLes eN dÉTResse (OCOdeFAd) / CHAD, LigUe TChAdieNNe des dROiTs de L’hOMMe (LTdh) / CHAD, AssOCiATiON TChAdieNNe POUR LA PROMOTiON eT LA dÉFeNse des dROiTs de L’hOMMe (ATPdh) / CHIlE, ObseRvATO- RiO CUidAdANO / CHIlE, CORPORACiON de PROMOCiON Y deFeNsA de LOs deReChOs deL PUebLO (COdePU) / CHInA, ChiNA LAbOUR bULLeTiN (CLb) / CHInA, hUMAN RighTs iN ChiNA / CHInA (TIbET), iNTeRNATiONAL CAMPAigN FOR TibeT (iCT) / ColoMbIA, CORPORACiON COLeCTivO de AbOgAdOs JOsÉ ALveAR ResTRePO CCAJAR / ColoMbIA, iNsTiTUTO LATiNOAMeRiCANO de seRviCiOs LegALes ALTeRNATivOs (iLsA) / ColoMbIA, ORgANiZACióN FeMeNiNA POPULAR (OFP) / ColoMbIA, COMiTe PeRMANeNTe POR LA deFeNsA de LOs deReChOs hUMANOs (CPdh) / ConGo, ObseRvATOiRe CONgOLAis des dROiTs de L’hOMMe (OCdh) / CoSTA RICA (ASEPRolA), AsOCiACióN de seRviCiOs de PROMOCióN LAbORAL (AsePROLA) / IVoRy CoAST, MOUveMeNT ivOiRieN des

dROiTs hUMAiNs (Midh) / IVoRy CoAST, LigUe ivOiRieNNe des dROiTs de L’hOMMe (LidhO) / CRoATIA, CiviC COMMiTTee FOR hUMAN RighTs (CChR) / CubA, COMisiON CUbANA de deReChOs hUMANOs Y ReCONCiLiACiON NATiONAL (CCdhN) / CzECH REPublIC, hUMAN RighTs LeAgUe (hRL) - LigA LidskYCh PRAv

/ DEMoCRATIC REPublIC oF ConGo, LigUe des ÉLeCTeURs (Le) / DEMoCRATIC REPublIC oF ConGo, gROUPe LOTUs / DEMoCRATIC REPublIC oF

ConGo, AssOCiATiON AFRiCAiNe des dROiTs de L’hOMMe (AsAdhO) / DJIbouTI, LigUe dJibOUTieNNe des dROiTs hUMAiNs (Lddh) / DoMInICAn REPu- blIC, CNd COMisióN NACiONAL de LOs deReChOs hUMANOs, iNC / ECuADoR, FUNdACióN RegiONAL de AsesORiA eN deReChOs hUMANOs (iNRedh) / ECuADoR, CeNTRO de deReChOs eCONOMiCOs Y sOCiALes (Cdes) / ECuADoR, COMisióN eCUMÉNiCA de deReChOs hUMANOs (CedhU) / EGyPT, CAiRO

iNsTiTUTe FOR hUMAN RighTs sTUdies (CihRs) / EGyPT, hUMAN RighTs AssOCiATiON FOR The AssisTANCe OF PRisONeRs (hRAAP) / EGyPT, egYPTiAN iNi- TiATive FOR PeRsONAL RighTs (eiPR) / EGyPT, egYPTiAN ORgANiZATiON FOR hUMAN RighTs (eOhR) / El SAlVADoR, COMisiON de deReChOs hUMANOs deL sALvAdOR (Cdhes) / ETHIoPIA, hUMAN RighTs COUNCiL (hRCO) / EuRoPE, AssOCiATiON eUROPÉeNNe POUR LA dÉFeNse des dROiTs de L’hOMMe (Aedh)

/ FInlAnD, FiNNish LeAgUe FOR hUMAN RighTs (FLhR) - ihMisOikeUsLiiTTO / FRAnCE, LigUe des dROiTs de L’hOMMe eT dU CiTOYeN (Ldh) / FRAnCE (nEW CAlEDonIA), LigUe des dROiTs eT dU CiTOYeN de NOUveLLe CALÉdONie (LdhNC) / FRAnCE (FREnCH PolynESIA), LigUe POLYNÉsieNNe des dROiTs hU- MAiNs (LPdh) / GEoRGIA, hUMAN RighTs CeNTeR (hRidC) / GERMAny, iNTeRNATiONALe LigA FUR MeNsCheNReChTe (iLMR) / GREECE, heLLeNiC LeAgUe FOR hUMAN RighTs (hLhR) / GuATEMAlA, COMisiON de deReChOs hUMANOs de gUATeMALA (Cdhg) / GuATEMAlA, CeNTRO de ACCióN LegAL eN deRe- ChOs hUMANOs (CALdh) / GuInEA-bISSAu, LigA gUiNeeNse dOs diReiTOs hUMANOs (Lgdh) / GuInEA-ConAkRy, ORgANisATiON gUiNÉeNNe de dÉFeNse des dROiTs de L’hOMMe eT dU CiTOYeN (Ogdh) / GulF, gULF CeNTeR FOR hUMAN RighTs (gChR) / HAITI, CeNTRe OeCUMeNiqUe des dROiTs hUMAiNs (Cedh) / HAITI, RÉseAU NATiONAL de dÉFeNse des dROiTs de L’hOMMe (RNddh) / HonDuRAS, CeNTRO de iNvesTigACióN Y PROMOCióN de LOs deReChOs

hUMANOs (CiPROdeh) / HonDuRAS, COMiTÉ de FAMiLiARes de deTeNidOs-desAPAReCidOs eN hONdURAs (COFAdeh) / InDIA, COMMONweALTh hUMAN RighTs iNiTiATive (ChRi) / InDonESIA, kONTRAs / IRAn, deFeNdeRs OF hUMAN RighTs CeNTeR iN iRAN (dhRC) / IRAn, LigUe POUR LA dÉFeNse des dROiTs de L’hOMMe eN iRAN (Lddhi) / IRElAnD, FRee LegAL AdviCe CeNTRes LiMiTed (FLAC) / IRElAnD, iRish COUNCiL FOR CiviL LibeRTies (iCCL) / ISRAEl, b’Tse- LeM / ISRAEl, AssOCiATiON FOR CiviL RighTs iN isRAeL (ACRi) / ISRAEl, PUbLiC COMMiTTee AgAiNsT TORTURe iN isRAeL (PCATi) / ISRAEl, AdALAh / ITAly, LegA iTALiANA dei diRiTTi deLL’UOMO (LidU) / ITAly, UNiONe FOReNse PeR LA TUTeLA dei diRiTTi deLL’UOMO (UFTdU) / JAPAn, CeNTeR FOR PRisONeRs’ RighTs (CPR) / JoRDAn, AMMAN CeNTeR FOR hUMAN RighTs sTUdies (AChRs) / kAzAkHSTAn, kAZAksTAN iNTeRNATiONAL bUReAU FOR hUMAN RighTs ANd RULe OF LAw (kibhR) / kEnyA, keNYA hUMAN RighTs COMMissiON (khRC) / koSoVo, COUNCiL FOR The deFeNse OF hUMAN RighTs ANd FReedOMs (CdhRF) / kuWAIT, hUMAN LiNe ORgANisATiON (hLO) / kyRGyzSTAn, hUMAN RighTs MOveMeNT (biR dUiNO-dYRgYZsTAN) / kyRGyzSTAn, kYRgYZ COM- MiTTee FOR hUMAN RighTs (kChR) / kyRGyzSTAn, LegAL CLiNiC AdiLeT / kyRGyzSTAn, kYLYM shAMY / lAoS, MOUveMeNT LAO POUR Les dROiTs de L’hOMMe (MLdh) / lATVIA, LATviAN hUMAN RighTs COMMiTTee (LhRC) / lEbAnon, PALesTiNiAN hUMAN RighTs ORgANiZATiON (PhRO) / lEbAnon, CeNTRe LibANAis des dROiTs hUMAiNs (CLdh) / lIbERIA, RegiONAL wATCh FOR hUMAN RighTs (LwhR) / lIbyA, hUMAN RighTs AssOCiATiON FOR ReCORdiNg ANd dOCUMeNTiNg wAR CRiMes ANd CRiMes AgAiNsT hUMANiTY / lIbyA, LibYAN LeAgUe FOR hUMAN RighTs (LLh) / lITHuAnIA, LiThUANiAN hUMAN RighTs AssOCiATiON (LhRA) / MAlAySIA, sUARA RAkYAT MALAYsiA (sUARAM) / MAlI, AssOCiATiON MALieNNe des dROiTs de L’hOMMe (AMdh) / MAlTA, MALTA AssO- CiATiON OF hUMAN RighTs/ FONdATiON de MALTe / MAuRITAnIA, AssOCiATiON MAURiTANieNNe des dROiTs de L’hOMMe (AMdh) / MExICo, LigA MexiCANA POR LA deFeNsA de LOs deReChOs hUMANOs (LiMeddh) / MExICo, COMisiON MexiCANA de deFeNsA Y PROMOCiON de LOs deReChOs hUMANOs (CMdPdh) / MolDoVA, PROMO-Lex / MoRoCCo, ORgANisATiON MAROCAiNe des dROiTs de L’hOMMe (OMdh) / MoRoCCo, AssOCiATiON MAROCAiNe des dROiTs hUMAiNs (AMdh) / MozAMbIquE, LigA MOCANbiCANA dOs diReiTOs hUMANOs (LMddh) / nICARAGuA, CeNTRO NiCARAgUeNse de deReChOs hUMANOs (CeNidh) / nIGER, AssOCiATiON NigeRieNNe POUR LA dÉFeNse des dROiTs de L’hOMMe (ANddh) / nIGERIA, CiviL LibeRTies ORgANisATiON (CLO)

/ noRTHERn IRElAnD, COMMiTTee ON The AdMiNisTRATiON OF JUsTiCe (CAJ) / PAkISTAn, hUMAN RighTs COMMissiON OF PAkisTAN (hRCP) / PAlESTInE,

AL MeZAN CeNTeR FOR hUMAN RighTs (AL MeZAN) / PAlESTInE, PALesTiNiAN CeNTRe FOR hUMAN RighTs (PChR) / PAlESTInE, AL hAq / PAlESTInE, RAMAL- LAh CeNTRe FOR hUMAN RighTs sTUdies (RChRs) / PAnAMA, CeNTRO de CAPACiTACióN sOCiAL de PANAMá (CCs) / PERu, AsOCiACiON PRO deReChOs

hUMANOs (APROdeh) / PERu, CeNTRO de deReChOs Y desARROLLO (CedAL) / PHIlIPPInES, PhiLiPPiNe ALLiANCe OF hUMAN RighTs AdvOCATes (PAhRA) / PoRTuGAl, CiviTAs / RoMAnIA, The LeAgUe FOR The deFeNse OF hUMAN RighTs (LAdO) / RuSSIA, ANTi-disCRiMiNATiON CeNTeR MeMORiAL (AdC MeMO- RiAL) / RuSSIA, CiTiZeNs’ wATCh (Cw) / RWAnDA, COLLeCTiF des LigUes POUR LA dÉFeNse des dROiTs de L’hOMMe (CLAdhO) / RWAnDA, AssOCiATiON RwANdAise POUR LA dÉFeNse des dROiTs de LA PeRsONNe eT des LibeRTÉs PUbLiqUes (AdL) / RWAnDA, LigUe RwANdAise POUR LA PROMOTiON eT LA dÉFeNse des dROiTs de L’hOMMe (LiPROdhOR) / SEnEGAl, ORgANisATiON NATiONALe des dROiTs de L’hOMMe (ONdh) / SEnEGAl, ReNCONTRe AFRiCAiNe POUR LA dÉFeNse des dROiTs de L’hOMMe (RAddhO) / SEnEGAl, LigUe sÉNÉgALAise des dROiTs hUMAiNs (Lsdh) / SERbIA, CeNTeR FOR PeACe ANd deMOCRACY deveLOPMeNT (CPdd) / SouTH AFRICA, LAwYeR FOR hUMAN RighTs (LhR) / SPAIn, AsOCiACiON PRO deReChOs hUMANOs de esPANA (APdhe) / SPAIn, FedeRACiON de AsOCiACiONes de deFeNsA Y PROMOCiON de LOs deReChO (Fddhh) / SuDAn, sUdAN hUMAN RighTs MONiTOR (sUhRM)

/ SuDAn, AFRiCAN CeNTeR FOR JUsTiCe ANd PeACe sTUdies (ACJPs) / SWITzERlAnD, LigUe sUisse des dROiTs de L’hOMMe (Lsdh) / SyRIA, dAMAsCUs

CeNTeR FOR hUMAN RighTs sTUdies (dChRs) / SyRIA, sYRiAN CeNTeR FOR MediA ANd FReedOM OF exPRessiON (sCM) / SyRIA, COMMiTTees FOR The deFeNse OF deMOCRACY FReedOMs ANd hUMAN RighTs (CdF) / TAIWAn, TAiwAN AssOCiATiON FOR hUMAN RighTs (TAhR) / TAJIkISTAn, TAJik « bUReAU ON hUMAN RighTs ANd RULe OF LAw » (bhR) / TAnzAnIA, The LegAL ANd hUMAN RighTs CeNTRe (LhRC) / THAIlAnD, UNiON FOR CiviL LibeRTies (UCL) / THE nETHERlAnDS, LigA vOOR de ReChTeN vAN de MeNs (LvRM) / ToGo, LigUe TOgOLAise des dROiTs de L’hOMMe (LTdh) / TunISIA, LigUe TUNisieNNe des dROiTs de L’hOMMe (LTdh) / TunISIA, FORUM TUNisieN POUR Les dROiTs ÉCONOMiqUes eT sOCiAUx (FTdes) / TunISIA, AssOCiATiON TUNisieNNe des FeMMes dÉMOCRATes (ATFd) / TunISIA, dOUsTOURNA / TunISIA, CONseiL NATiONAL POUR Les LibeRTÉs eN TUNisie (CNLT) / TuRkEy, iNsAN hAkLARi deR- Negi (ihd) / diYAbAkiR / TuRkEy, hUMAN RighTs FOUNdATiON OF TURkeY (hRFT) / TuRkEy, iNsAN hAkLARi deRNegi (ihd) / ANkARA / uGAnDA, FOUNdATiON FOR hUMAN RighTs iNiTiATive (FhRi) / unITED kInGDoM, LibeRTY / unITED STATES oF AMERICA, CeNTeR FOR CONsTiTUTiONAL RighTs (CCR) / unITED STATES oF AMERICA, CeNTeR FOR JUsTiCe & ACCOUNTAbiLiTY (CJA) / uzbEkISTAn, AssOCiATiON iNTeRNATiONALe de dÉFeNse des dROiTs de L'hOMMe « CLUb des CœURs ARdeNTs » / uzbEkISTAn, hUMAN RighTs sOCieTY OF UZbekisTAN (hRsU) / uzbEkISTAn, LegAL Aid sOCieTY (LAs) / VIETnAM, COMiTÉ vieTNAM POUR LA dÉFeNse des dROiTs de L’hOMMe (Cvddh) / yEMEn, hUMAN RighTs iNFORMATiON ANd TRAiNiNg CeNTeR (hRiTC) / yEMEn, sisTeRs’ ARAb FORUM FOR hUMAN RighTs (sAF) / zIMbAbWE, ZiMbAbwe hUMAN RighTs AssOCiATiON (ZiMRighTs).

International Board

PRESIDENT

TREASURER

 
Iran karim lahiDJi VICE-PRESIDENTS

Iran

karim lahiDJi

VICE-PRESIDENTS

 
Iran karim lahiDJi VICE-PRESIDENTS   Jean-françois plaNtiN

Jean-françois plaNtiN

France

PRESIDENT TREASURER   Iran karim lahiDJi VICE-PRESIDENTS   Jean-françois plaNtiN France
PRESIDENT TREASURER   Iran karim lahiDJi VICE-PRESIDENTS   Jean-françois plaNtiN France
PRESIDENT TREASURER   Iran karim lahiDJi VICE-PRESIDENTS   Jean-françois plaNtiN France
PRESIDENT TREASURER   Iran karim lahiDJi VICE-PRESIDENTS   Jean-françois plaNtiN France
VICE-PRESIDENTS   Jean-françois plaNtiN France Yusuf alatas aliaksandr Bialiatski Noeline BlaCkwell

Yusuf alatas

aliaksandr Bialiatski

Noeline BlaCkwell

Juan Carlos Capurro

Dimitris Christopoulos

Turkey

Belarus

Ireland

Argentine

Greece

Turkey Belarus Ireland Argentine Greece katherine GallaGher tolekan isMailova shawan JaBariN
Turkey Belarus Ireland Argentine Greece katherine GallaGher tolekan isMailova shawan JaBariN
Turkey Belarus Ireland Argentine Greece katherine GallaGher tolekan isMailova shawan JaBariN
Turkey Belarus Ireland Argentine Greece katherine GallaGher tolekan isMailova shawan JaBariN
Turkey Belarus Ireland Argentine Greece katherine GallaGher tolekan isMailova shawan JaBariN

katherine GallaGher

tolekan isMailova

shawan JaBariN

Dismas kiteNGe seNGa

elsie MoNGe

United States of America

Kyrgyzstan

Palestine

Democratic Republic of Congo

Ecuador

Palestine Democratic Republic of Congo Ecuador sheila MuwaNGa rosemarie r. traJaNo Drissa traoré
Palestine Democratic Republic of Congo Ecuador sheila MuwaNGa rosemarie r. traJaNo Drissa traoré
Palestine Democratic Republic of Congo Ecuador sheila MuwaNGa rosemarie r. traJaNo Drissa traoré
Palestine Democratic Republic of Congo Ecuador sheila MuwaNGa rosemarie r. traJaNo Drissa traoré
Palestine Democratic Republic of Congo Ecuador sheila MuwaNGa rosemarie r. traJaNo Drissa traoré

sheila MuwaNGa

rosemarie r. traJaNo

Drissa traoré

pauliNa veGa GoNZaleZ

Zohra Yusuf

Uganda

Philippines

Ivory Coast

Mexico

Pakistan

SECRETARIES GENERAL

Ivory Coast Mexico Pakistan SECRETARIES GENERAL amina BouaYaCh Dan vaN raeMDoNCk Belgium Debbie

amina BouaYaCh

Dan vaN raeMDoNCk Belgium

Debbie stotharD

pierre esperaNCe

paul Nsapu Mukulu Democratic Republic of Congo

Morocco

Burma

Haiti

HONORARY PRESIDENTS

 

souhayr BelhasseN

sidiki kaBa

patrick BauDouiN

Daniel JaCoBY

Michel BluM

Tunisia

Senegal

France

France

France

and in cooperation with:

DEPUTY SECRETARIES GENERAL

 

florence Bellivier

khadija Cherif

Nabeel raJaB

alice MoGwe

artak kirakosYaN

France

Tunisia

Bahrain

Botswana

Armenia

PERMANENT DELEGATES

 

Dobian assiNGar before the Economic and Monetary Community of Central African States

Mabassa fall before the African Union (AU)

luis Guillermo pereZ Casas before the Organization of American States (OAS)

 

DEPARTMENT DIRECTORS

ExECUTIVE DIRECTORATE

HEADqUARTERS (PARIS)

Director

Juliane fallouX

Executive

Officer

BerNarD

Executive

antoine

Chief

Marceau sivieuDe

Director, Operations

Director, Communication and Public Relations

isabelle CheBat

Director, International

antoine MaDeliN

Advocacy

Director, Finance and Administration

Corinne BeZiN

RESEARCH AND OPERATIONS

COMMUNICATION AND PUBLIC RELATIONS

ADMINISTRATION, FINANCES AND HUMAN RESOURCES

Michelle kisseNkoetter

Director, Asia

Deputy Director Information Systems

Cyril MarioN

Nicolas Barreto DiaZ

Director, Information

Systems

Finance Officer

samia Merah

Director, Financial Control

sergueï fuNt

Programme Officer, Africa

hassatou Ba

Deputy Director, Africa

tchérina JeroloN

Director, Africa

florent Geel

audrey Couprie

Press Officer

Director, Press Relations

arthur MaNet

tony MiNet

Accountant

Nina NouYoNGoDe

Director, Accounting

Programme Officer, Americas

Natalia YaYa Martello

Jean-Baptiste paulhet

Digital Communication

Officer

Nathalie lasslop

Fundraising Officer

Director, Fundraising

kate Coles

léa saMaiN-raiMBault

Programme

Coordinator,

May 14)

(until

Belarus

Assistant, Eastern Europe and Central Asia

Joanna hosa

(Nadia YAKHLAF until May 2014)

Director, Eastern Europe and Central Asia

alexandra koulaeva

Christophe GarDais

Publications

Officer

Céline Ballereau tetu

Publications

Director,

Director, Human Resources

Marie-france BurQ

Programme Officer, North Africa and Middle-East

Nancy DeMiCheli

Director, North Africa and Middle-East

Marie CaMBerliN

Executive Assistant

lidya oGBaZGhi

Secretary

Assistant to the Executive Directorate

Mathilde hamon

Officer, Rights

Human

Marion and CaDier

Programme

Globalisation

Globalisation

Rights

paul

Humans

Geneviève

Director,

and

Assistant, Women’s Rights and Migrants’ Rights

Daisy sChMitt

Director, Women’s Rights and Migrants’ Rights

katherine Booth

International Justice

Delphine CarleNs

Deputy Director,

International Justice

karine BoNNeau

Director,

Rights

Observatory

of Human

hugo GaBBero

Defenders

Officer,

the Protection

for Programme

of Human Rights

alexandra poMeoN

Observatory

Defenders

Protection

for the Director,

bAMAko

AbIDJAn

GuInEA

THE HAGuE

bRuSSElS

PREToRIA

TunIS

lIMA

DELEGATIONS, REGIONAL OFFICES AND JOINT OFFICES FIDH/LEAGUES

nEW yoRk

bRuSSElS

GEnEVA

RESEARCH AND OPERATIONS

COMMUNICATION AND PUBLIC RELATIONS

MOBILISATION OF INTERGOVERNMENTAL ORGANISATIONS

Ivory Coast

raBeCQ

and in Guinea

antonin

Delegate

African Court

MavuNGu

Programme

Coordinator

Clément

Communication

America

thisseN

Caribbean

the – Latin

and Carlos

on

Consultant

Officer

José

Coordinator,

MIDH/LIDHO/FIDH

programme

Neth

willy

Deputy

joint

before the ICC

Carrie CoMer

Representative

Mathilde Chiffert

Coordinator Guinea

Programme

Programme Officer, OGDH/FIDH joint programme

amadou BarrY

Director, Americas

Jimena reYes

Officer,

Europe

elena Crespi

Programme

Western

Mamadou Boussouriou Diallo

Programme Officer, OGDH/FIDH joint programme

Consultant - FIDH Delegate Tunis

Yosra frawes

OGDH/FIDH joint programme

aboubacar Secretary,

sYlla

Accountant

Representative to the EU

Gaelle DusepulChre

Jean-Marie roGue

Delegate to the EU

Catherine aBsaloM

Liaison Officer, Delegation to the EU

Representative to the UN

Nicolas aGostiNi

Liaison Officer, Delegation to the UN

sonia taNCiC

Representative to the UN

stéphanie DaviD

(from April 14)

AMDH/FIDH joint programme

Officer,

Drissa traore

Programme

AMDH/FIDH joint programme

Officer,

lalla toure

Programme

Priority 1

Supporting Human Rights Defenders

Context and challenges

In closed and totalitarian countries like Eritrea, North Korea or Turkmenistan, the defence of human rights remains virtually impossible, forcing defenders to go underground or seek exile.

Many defenders active in authoritarian countries in 2014, have sought to draw attention to the oppression prevalent in their home states, including through institutions like the United Nations. However, many of them have been subject to intense pressure and repression. In these countries, authorities place considerable limits on freedoms for civil society by controlling the justice system and introducing rules to curb freedom, especially regarding NGO access to funding, NGO registration, control over activities and freedom of assembly. This legalised oppression is now being exported from country to country with the intent to silence any denunciation of human rights violations. This is particularly the case in Saudi Arabia, Azerbaijan, Bahrain, Bangladesh, Belarus, Egypt, Ethiopia, Iran, the Democratic Republic of Congo (DRC), Sudan, the Russian Federation, Vietnam, and Turkey, amongst others.

The situation of human rights defenders is also particularly precarious in conflict zones and areas affected by violence from non-state groups. Here, defenders documenting violations or fighting impunity are the targets of attack, kidnapping or assassination, often being seen to support one or other of the warring parties, as is the case in Libya, the Philippines, the DRC, and Syria.

In other countries beset by extremist religious movements, this year has also seen defenders of the rights to freedom of expression, freedom of religion and women’s rights subjected to particularly serious acts of violence, including in Saudi Arabia, India, Libya, Mauritania and Pakistan.

The repression of defenders of land or environmental rights continues to escalate in line with the growing number of disputes over fundamental rights and natural resources. More and more defenders, peasant leaders or indigenous community leaders, journalists and NGO activists, who are committed to these causes

are the target of violence or criminalisation campaigns. Such treatment is especially observable in Latin America (Brazil, Colombia, Ecuador, Guatemala, Honduras, Mexico, Peru), Asia (Burma, Cambodia, Indonesia, Malaysia, the Philippines, Thailand) and Africa (Cameroon, Liberia, Uganda, the DRC, Sierra Leone).

Moreover, human rights defenders standing up for marginalised or discriminated against segments of society are particularly repressed. Defenders of women’s rights, LGBTI rights, migrant rights, indigenous peoples’ rights and the rights of religious minorities often face discrimination, criminalisation and sometimes hate crime.

Defenders’ activities render them often subject to surveillance, including through the use of new technologies. Personal data, phone conversations, emails and social network discussions can be spied upon or pirated. Surveillance therefore becomes yet another means of repressing human rights defenders, together with ridicule, threats, legal harassment, attacks and assassinations – all frequently carried out with complete impunity. This is the precarious situation in which these defenders exist, their abusers including both agents of the State and non-state actors, such as companies.

FIDH vice-president, Ales Bialiatski, was freed in Belarus one year before the end of his sentence in June 2014. Nevertheless, whilst FIDH’s Assistant Secretary General, Nabeel Rajab, was also freed in 2014, he was subsequently subjected to yet another judicial prosecution and rearrested in Bahrain. At the end of 2014, many representatives from FIDH’s member and partner organisations remained in arbitrary detention in countries such as Iran, Uzbekistan, Thailand, Syria, Egypt and Azerbaijan. Defenders subject to judicial harassment are often the target of rushed trials or extremely long procedures that become punishments in themselves, preventing them from pursuing their human rights activities.

The political context in which they operate, their isolation and their lack of financial resources render many NGOs and defenders weak in trying to counter risks to their personal safety

or take protective measures. Material support to strengthen their capacity for action, with training in how to document and detect violations, as well as advocacy before local, national, regional and international institutions, remained FIDH’s core task in 2014, whilst also seeking to strengthen co-operation with international and regional bodies to protect defenders.

FIDH and its member organisations and partners in action

In line with its multi-year strategic plan of action, FIDH with its member organisations and partners implemented many activities to protect defenders in danger and strengthen their capacity to act. Protective activities were undertaken within the framework of the Observatory for the Protection of Human Rights (the Observatory), a joint program created by FIDH in 1997 with the Global Organisation Against Torture (GOAT).

> Protecting defenders in situations of insecurity or repression

Establishing the facts and alerting on a daily basis Urgent interventions constitute one of the main tools for protect- ing defenders. They consist of mobilising all available lever- age among state and non-state actors, including armed groups or companies, as well as the media and decision-makers. Such mobilisation seeks to halt or expose any threat or harassment directed at defenders or groups of defenders. These interventions describe the threat as experienced by those targeted, making a series of recommendations to the competent authorities to guard against these violations. Each case or situation is the subject of discussion with the defender concerned, his family, local part- ners and FIDH’s geographic teams, so as to determine the most appropriate strategy.

FIDH aims to respond to defender threats in the shortest pos- sible time on the basis of trustworthy and verified information gathered and compiled by its member organisations. It does so in the most useful format and language, and seeks to ensure constant follow-up as the situation develops. In many cases this has brought an end to the violation, and has helped improve the situation or working conditions of the defenders concerned, as well as preventing new violations. These urgent interventions also serve as a basis for developing advocacy actions, targeted mobilisation or emergency assistance at a later date where a violation persists or worsens.

In 2014, FIDH undertook 243 emergency interventions (urgent appeals, press releases and open letters to authorities) involving 51 countries. These interventions particularly focused on certain countries where violations are especially serious or systematic, or

where they took place in the context of conflict, crisis or political transition: for example, Azerbaijan, Bahrain, Bangladesh, Burma, Burundi, Cameroon, Colombia, Djibouti, Cambodia, Egypt, Guatemala, Haiti, Iran, Mauretania, Mexico, the DRC, Russia, Rwanda, Syria, Thailand, Turkey and Vietnam.

Throughout the year, FIDH has been extremely sensitive to the problems faced by defenders of land and environmental rights. 2014 saw it issue 36 related emergency alerts, publish an annual report on the matter (see below), and consolidate an information network with NGOs specialising in the area, including Global Witness and the International Land Coalition (ILC). Based on these emergency interventions and other information compiled, FIDH produced an interactive map indicating the different types of violations against land rights defenders by country. This is proving to be a highly valued educational outreach tool for de- cision-makers, available at: www.wearenotafraid.org.

Lastly, to alert and mobilise agents of change on the particular situation of arbitrarily detained defenders, FIDH launched an international campaign called #ForFreedom: The more you talk about it, the sooner they’ll be out. The campaign focuses on emblematic cases of human rights defenders in detention.

BAHRAIN: “Thank you for all your help and support which helped me feel stronger and showed the world I was not alone”. Message from Nabeel Rajab, FIDH Assistant Secretary General and President of the Bahrain Centre for Human Rights (BCHR), following his release in May 2014.

BELARUS: “It’s the support from all of you, all the national and international mobilisation since the day I was arrested, that led to my release today”. Message d'Ales Message from Ales Bialiatski, FIDH Vice- president, following his anticipated release in June 2014.

president, following his anticipated release in June 2014. FIDH campaign calling for the release of detained

FIDH campaign calling for the release of detained human rights defenders. Credits : FIDH

FOCUS Turkey – Human rights lawyer Muharrem Erbey freed after 1,570 days in preventive detention
FOCUS
Turkey – Human rights lawyer Muharrem Erbey freed after
1,570 days in preventive detention
© IHD
On 12 April 2014, a Turkish court ordered the provisional release
of Muharrem Erbey, vice-president of the Turkish Human
Rights Association, a FIDH member organisation. It found a
“lack of proof” in Muharrem Erbey’s case after over four years
of preventive detention. Muharrem Erbey had been arrested
in December 2009 for his alleged affiliation to the Union of
Kurdish Communities (KCK) and was accused of being “a
member of an illegal organisation”. Within the framework of
the Observatory, FIDH issued numerous urgent appeals about
his case and led a vigorous campaign via #ForFreedom, as
well as holding advocacy meetings with the highest Turkish
authorities to demand his release. Muharrem Erbey’s continuing
legal harassment was clearly aimed at repressing his legitimate
activities in defence of human rights. FIDH reiterates its call to
drop all charges against him.
FOCUS Vietnam – Nguyen Huu Cau freed after 20 years detention In March 2014, Nguyen
FOCUS
Vietnam – Nguyen Huu Cau freed after 20 years detention
In March 2014, Nguyen Huu Cau was released after several
decades in arbitrary detention. He was sentenced to life
imprisonment in May 1983 after being falsely accused of
“harming the regime’s image” and for writing poems that
denounced corruption and the abuse of power. FIDH and its
member organisation, the Vietnam Committee for the Defence

of Human Rights (VCHR), highlighted Nguyen Huu Cau’s case, including by producing a document that outlined the particularly worrying situation of 17 political prisoners. This document was handed to Vietnamese authorities as part of an active mobilisation designed to obtain the release of these detainees.

Strengthening the protective capacity of intergovernmental organisations In 2014, all the Observatory’s emergency interventions contin- ued to be systematically directed to international and regional mechanisms for the protection of defenders. These mechanisms included special procedures of the UN, the African Commission for Human and People’s Rights (ACHPR), the Inter-American Commission on Human Rights (IACHR), the Commissioner for Human Rights at the Council of Europe, the focal point of the Bureau for Democratic Institutions and Human Rights (BDIHR) at the Organisation for Security and Co-operation in Europe (OSCE), and EU mechanisms. Such referrals prompt further interventions and investigations by competent authorities.

FIDH also used other organs of these intergovernmental organi- sations to lobby on behalf of cases of defender repression (e.g. before the European Parliament, UN Human Rights Council etc.) and to this end organised meetings/interfaces between repre- sentatives of its member organisations and these institutions.

FIDH organised a 5th “inter-mechanism” meeting in November 2014. This meeting addressed the issue of strengthening interaction and co-ordination between UN mechanisms and regional mechanisms for defender protection. The event brought together representatives from the UN, the International Organisation of La Francophonie (OIF), the African Commission for Human and People’s Rights, the Inter-American Commission on Human Rights, the Bureau of the Commissioner for Human Rights of the Council of Europe, the BDIHR and the European Union, as well as international NGOs. Participants discussed ways of strengthening their co-operation when it came to referrals and public declarations concerning violations against defenders, as well as in following up individual communications and recommendations subsequent to country visits. They also discussed best practice and strategies relevant to arbitrary detention, especially in emblematic cases. The meeting set aside time for an exchange on the definitions of reprisals and impunity, and the interaction between the two (e.g. how combatting impunity by establishing responsibility can contribute to reducing drivers for reprisals). Finally, NGO financing, including from overseas, as well as the protection of land rights defenders, were also discussed, echoing the Observatory’s annual reports from 2013 and 2014. A 6th meeting is planned for 2015.

Providing emergency assistance in case of threats and risks Responding to intimidation and threats of physical or psychologi- cal violence against defenders, FIDH offered material help to 44 defenders and/or their family members and 3 human rights NGOs in 9 countries. This met needs in terms of prevention (securing

offices and homes: Cameroon), protection (temporary or perma- nent relocation costs: Kyrgyzstan, Libya, Mauretania, CAR, DRC, Sudan, Syria, Tunisia), legal costs (Cameroon, India, the DRC, Rwanda) and medical costs (Cambodia, Burundi).

In certain cases, this assistance was extended in co-operation and/ or co-ordination with international NGOs providing the same type of support. This ensured the fastest and most appropriate response.

FOCUS

Rwanda – relocating the “legitimate” president of LIPRODHOR, under threat following a takeover of the league

The situation of the Rwandan League for Promotion and Defence of Human Rights (LIPRODHOR) is emblematic of the harassment suffered by human rights defence organisations in Rwanda, where the authorities seek to silence or control such organisations. Since July 2013, LIPRODHOR has undergone a political takeover by elements of the Rwandan Patriotic Front (FPR), who illegally ousted members of the current management board. The “legitimate” members of LIPRODHOR, above all its president Laurent Munyandilikirwa, have gone to court seeking the nullification of the decisions that led to the organisa- tion’s takeover. Since then threats against these members have escalated.

Having been subjected to particularly violent threats since lodging his complaint, LIPRODHOR’s president received assistance from FIDH to cover the costs of his relocation.

Under the auspices of judicial observation missions, the Observatory has further mandated the presence of a representative at six of the seven hearings listed, and at the end of 2014, undertook to continue the defence of the civil case during the appeal process.

Cambodia – paying a defender’s medical costs after an attack

On 2 May 2014, Cambodian journalist, LM, was beaten with batons and kicked by six to ten members of the security forces during a demonstration he was covering. The attack was prompted by the fact that he had taken photos of a monk who had been attacked by members of these same forces. LM had to be evacuated for an operation on his face. FIDH offered financial support to meet his medical expenses.

“We are so incredibly grateful for the support you have given us during the enquiry into Eric’s assassination. The whole team sends you their good wishes”. Message from the President of CAMFAIDS after FIDH provided funding to cover the legal costs for the enquiry into the murder of Cameroonian LGBTI defender, Eric Lemembe.

“It’s been six months now since you relocated me to a safer place after the Ugandan parliament passed its anti-homosexuality law, which left me in an unsafe situation. I’m very happy where I am now: my accommodation, my surroundings and my neighbours are all very pleasant. Thank you so much to FIDH for the support you have given me”. Message from a Ugandan LGBTI rights defender, relocated after threats to his safety in Uganda.

Responding to judicial harassment In 2014, many defenders fell victim to judicial harassment or were forced to seek legal redress when their rights were violated.

Confronted with the instrumentalisation of justice to hamper or criminalise defender actions, FIDH organises judicial observa- tion, defence and solidarity missions. Such missions have various objectives: providing expert legal assistance to support victims; bringing solidarity and international attention to bear on proceed- ings to ensure a fair trial; highlighting procedural violations to mobilise the international community.

From January to December 2014, FIDH mandated 11 judicial ob- servation missions dealing with cases in Algeria (one observation), the Russian Federation (one observation), Rwanda (six observa- tions) and Turkey (three observations). It also published a report in English and French on the judicial observation mission for the trial of Pinar Selek before the Turkish courts (see Focus).

FOCUS Turkey – The Supreme Court revokes Pinar Selek’s life sentence Photograph by Aude Coquin
FOCUS
Turkey – The Supreme Court revokes Pinar Selek’s life
sentence
Photograph by Aude Coquin
After 16 years, four trials and an untold number of procedural
errors, the life sentence of famous Turkish sociologist, Pınar
Selek – known for her advocacy of the rights of minorities in
Turkey – was quashed by the Supreme Court, which found the
accusations against her unproven. In 1998, Pınar Selek had been
accused of supporting the Kurdistan Workers Party (PKK) and
terrorism.
FIDH undertook several judicial observation missions to expose
the procedural errors in Pinar Selek’s case and took part in
mobilising the international community against her ongoing and
unjustified judicial harassment. This led to a 5th trial, which was
also won by Mrs Selek at the beginning of 2015.

Establishing responsibility In line with its multi-year strategic plan, FIDH continued to develop legal action before national courts and regional and international mechanisms protecting human rights. In doing so, it has continued to seek the attribution of responsibility, either state or individual, in emblematic cases of defenders’ rights violations, while supporting victims in their right to justice and contributing to the prevention of these violations, including via the consolidation of jurisprudence on the protection of defenders’ rights.

In 2014, FIDH lodged four complaints or referrals to judicial or quasi-judicial bodies (Egypt, Iran, the DRC). It also continued to pursue two complaints lodged with the African Commission for Human and People’s Rights: the first in 2009, following the torture of three human rights defenders in Sudan; and the second in 2013, after the right to freedom of association was denied to the Human Rights Council, an FIDH member organisation in Ethiopia. Similarly, in 2014, FIDH sought the resolution of a complaint lodged with the UN Committee on Forced Disappearances (CFD) involving the disappearance of two female defenders in Mexico, and several referrals to UN working groups on arbitrary detention and forced disappearances (see below).

FOCUS DRC – Senegalese justice authorities called upon to hear charges against Paul Mwilambwe in
FOCUS
DRC – Senegalese justice authorities called upon to hear
charges against Paul Mwilambwe in the Chebeya/Bazana
case
Floribert Chebeya
Legal proceedings will be opened in Senegal on the basis of
universal jurisdiction against former Congolese (DRC) police
officer, Paul Mwilambwe. This individual is alleged to have
witnessed the murder of human rights defenders, Floribert
Chebeya and Fidèle Bazana, in June 2010.
Following a judicial enquiry mission deployed by FIDH's legal
team decided to file a civil suit to claim for damages against
the charge officially brought by the families in the Senegalese
courts on 18 June. At the subsequent press conference, lawyers
underlined the importance of this case in the struggle against
impunity in Africa.
of this case in the struggle against impunity in Africa. Demonstration against the Tumulos Bill (Guatemala).

Demonstration against the Tumulos Bill (Guatemala). © Diario La Hora de Guatemala

Examples of submissions of complaints to quasi-judicial bodies in 2014

COUNTRY

DEFENDER/

REVIEWING BODY

DATE OF REVIEW

DETERMINATION

LATEST SITUATION

ORGANISATION

IRAN

Mohammad

WGAD

April 2014

no information to date

Still in detention

Seizadeh

DRC

Abedi ngoy et Gervais Saidi

WGAD

April 2014

May 2014 (« the detention is arbitrary ») – FIDH was informed in july 2014

Freed in May2014

EGYPT

Yara Sallam

WGAD

August 2014

no information to date

Still in detention

AzERBAIJAN

Hilal Mammadov

WGDA (follow-up/

Follo-up november

november 2013

Still in detention

(suivi)

reponse)

2013

(« the detention is arbitrary ») – FIDH was informed in March 2014

MExICO

Marcial Bautista Valle et eva Alarcón ortiz

CeD (follow-up/

october 2014

Review underway

Still disappeared

reponse)

CAMBODIA

Yorm Bopha

WGAD

october 2013

"no information to date

libération provisoire

(novembre 2013)

BANGLADESH

Adilur Rahman

WGAD

August 2013

no information to date

provisional release

Khan

(october 2013

BURMA

Ko Htin Kyaw

WGAD

August 2013

november 2013 (« the detention is arbitrary ») – FIDH was informed in February 2014

Amnesty 31

December 2013

IRAN

Khosro Kordpour et Massoud Kordpour

WGAD

August 2013

november 2013 (« the detention is arbitrary ») – FIDH was informed in February 2014

Still in detention

ETHIOPIA

Human Rights

ACHpR

April 2014

no information to date

Complaint regarding violation of the right to freedom of association

Council

IRAN

nasrin Sotoudeh

WGAD

April 2014

no information to date

provisional release

(october 2013)

SRI LANKA

Sinnavan Stephen

WeGeID

April 2014

no information to date

Still disappeared

Sunthararaj

SUDAN

osman Hummaida, Abdelmoneim Aljak et Amir Mohamed Suliman

ACHpR

Follow-up 2009

Decison Adopted

Complaint regarding torture and ill treatment

> Reinforcing defenders’ capacity to act

Action for a favourable political and normative framework for defenders FIDH conducted two fact-finding missions in 2014. One mission addressed harassment and threats against LGBTI rights defenders in Cameroon; the other, the surveillance of defenders and land rights defence movements in Brazil. The respective reports are due for release in 2015.

FIDH and its member organisations have also denounced legislative reform plans aimed at curbing freedom of association, especially NGO access to foreign financial support, or criminalising LGBTI rights defenders.

In addition, FIDH participated in the strengthening of the regional and international judicial framework through initiatives pursued at the United Nations, the ACHPR and the OSCE.

Throughout 2014, FIDH played a special part in working groups charged with drafting and tabling OSCE/ODIHR guidelines on defender protection, aimed at States participating in the organisation. FIDH further made a written contribution on the matter, with a follow-up in late 2014 at the OSCE Human Dimension Implementation Meeting. Here, FIDH called for the establishment of a body to oversee the application of these guidelines. FIDH also contributed to devising joint guidelines for the ODIHR and the Venice Commission on the Freedom of Association, focusing on the inclusion of provisions covering access to finance, including foreign-sourced, as a component of the right to freedom of association. These joint guidelines were launched at the beginning of 2015.

FIDH likewise extended its participation in the Study Group on Freedom of Association (SGFA), set up by the ACHPR to produce an analytical document examining the main obstacles to the creation and operation of NGOs in Africa, and to develop recommendations for ACHPR member States dealing with freedom of association and assembly. The SGFA completed its work in 2014 and its report was to be adopted at the next session of ACHPR (twice postponed because of the Ebola crisis). FIDH continued to lobby the ACHPR to adopt a resolution for the protection of LGBTI rights defenders.

Lastly, FIDH has lobbied for the establishment of a specific UN mechanism to ensure respect for privacy. This mechanism should be given a special mandate to denounce the harmful effects of surveillance or the interception of communications, including from outside national territory, as well as the large- scale collection of personal data, on the exercise of one’s human rights.

FOCUS

“We are not afraid !” 2014 Annual Report of the Observatory for the Protection of Human Rights Defenders

On 2 December 2014, FIDH released the 2014 Annual Report of the Observatory for the Protection of Human Rights Defenders. This year’s theme was land rights defenders.

The report addresses the situation of defenders in 29 countries:

Cameroon, Ethiopia, Kenya, Liberia, Nigeria, Uganda, South Africa, Bangladesh, Burma, Cambodia, India, Indonesia, Laos, the Philippines, Thailand, Vietnam, Russia, Egypt, the Occupied Palestinian Territories, Canada, Brazil, Chile, Colombia, Ecuador, Guatemala, Honduras, Mexico, Nicaragua and Peru.

The document was compiled with contributions from FIDH member and partner organisations, and the OMCT. It presents the global context in which defenders operate, with principle forms of repression illustrated in 79 cases from 29 countries. The report goes on to detail existing institutional protective mechanisms, and makes specific recommendations to States, private donors and investors, companies, and intergovernmental organisations, in order to improve the working environment for these defenders.

Problems faced by land rights defenders are not new. However, the number of victims of land rights violations and the repression suffered by their defenders renders their plight particularly fundamental.

The report aims to become an advocacy tool and awareness- raising device for States, lenders/investors, companies, intergovernmental bodies and public opinion. It calls upon all parties to better recognise the legitimate role and important work carried out by these defenders in respect of rights for all, peace, stability and lasting development. It also calls for better protection for defenders in particularly vulnerable situations, including fighting against impunity for the attacks and violations they suffer.

Since its publication, the report has been the subject of discussions and presentations at press conferences, seminars, meetings, and other events (Geneva, Mexico, Puebla, Quezon, Cape Town, Marrakesh, Paris).

By December 2014, the website www.wearenotafraid.org, together with the publicity campaign accompanying the launch of the report saw at least 4,676 visitors access the site to find out more. On Facebook, the report generated 31,196 interactions (Likes, Comments & Shares), and managed to reach 782,459 people.

Material support and training for NGOs and defenders In April 2014, FIDH organised a training seminar in Brussels for representatives of the NGO ADC Memorial. This civil society organisation had been dissolved in Russia following the refusal of its directors to agree to a ruling demanding that it register as a “foreign agent”, following the enactment of severely oppressive legislation. Having been dissolved in Russia, ADC Memorial decided to register its office in Belgium in order to continue its activities. At the seminar, FIDH provided participants with training in IT security, defender protection mechanisms and advocacy at the European Union. In addition, two representatives of other FIDH member organisations, the Electors’ League (DRC) and the International Campaign for Tibet, gave examples of organisations working wholly or partially from overseas. The seminar allowed the representatives from ADC Memorial to draw up a multi-year strategic plan and to develop a set of actions to be used in the event that repression intensifies.

FIDH also continued to implement its specific program to strengthen the Fraternity Center’s capacity for action. The Fraternity Center is an independent NGO created with FIDH support in 2013 to promote human rights and democracy in the Kurdish area of Hassakeh near the Turkish border. Activities to strengthen the organisation’s capacity included training and support for initiatives raising human rights awareness, as well as providing secure means of communication.

Furthermore, in line with the express wishes of member organisations, and keeping in mind the surveillance risk faced by independent NGOs, FIDH and the Euromed Foundation have initiated an assessment mission to survey the security needs of six Egyptian human rights organisations in the areas of IT equipment and communication. The mission was followed up by the arrival of two experts to train the staff of these organisations in security techniques and the use of appropriate equipment and software.

Through a specific program of support for civil society in Belarus, FIDH also provided secure ICT equipment to several NGOs and local human rights defenders. Further, psychological clinics were set up with the help of the French association TRACES allowing the follow-up of 18 defenders and their training in the psychological aspects of their work with victims of human rights violations.

Lastly, FIDH set up the first platform for Burmese defenders to gather information on their situation in the country. In 2015, FIDH will organise training workshops for members of this platform on protection mechanisms for defenders.

Visibility of defenders’ situations In 2014, several activities generated a better awareness of the situation of defenders and how important it is to protect them. - The campaign #ForFreedom, centred on the website www. freedom-defenders.org, which presents emblematic cases of defenders in detention. In doing so it helped alert and mobilise actors of change and the general public on the particular situation of defenders in prison.

- The website site freeales.fidh.net allowed all information on Ales Bialiatski’s situation to be pooled. President of the Human Rights Centre Viasna and FIDH Vice-president, Ales was sentenced to four and a half years’ in prison following a political trial. The website brings together all the mobilisation actions undertaken on Ales’ behalf by civil society, intergovernmental organisations and rights protection mechanisms promoting his release.

- The website www.wearenotafraid.org provided the general public with a concrete, easily-understood overview of the harassment experienced by land rights defenders, using photos, key facts and figures, videos and an interactive map.

- Interviews conducted with defenders for the Annual Observatory Report enabled direct access to testimony from defenders who had been victims of violations.

- Tweets on defenders’ situations enabled real-time updates on violations against defenders and developments in individual cases.

- Interfaces with intergovernmental organisations (see above) raised the profile of defenders before these entities, enabling them to benefit from greater follow-up regarding their action and participation.

Examples of outcomes

FIDH has enabled or contributed to the following:

Release, end of judicial harassment and progress towards justice

The release of 44 defenders in arbitrary detention in Azerbaijan, Bahrain, Belarus, Burma, Burundi, Djibouti, Egypt, the Democratic Republic of Congo (DRC), Rwanda, Sudan, Sri Lanka, Swaziland, Thailand, Turkey and Vietnam.

FOCUS DRC

The conviction by Senegalese courts, following an FIDH complaint, of Paul Mwilambwe, a former major in the Congolese National Police, for his alleged involvement in the murder of Congolese human rights defenders, Chebeya and Bazana.

FOCUS Turkey

The quashing by the Supreme Court of the life sentence imposed on Pinar Selek, a famous Turkish sociologist known for her involvement in minority rights in Turkey. The ruling came after 16 years of proceedings, 4 trials and an untold number of procedural errors.

Material protection and safety of defenders

Securing the safety of 44 defenders, their families and their NGOs through material help in 24 situations (support

with temporary or permanent relocation, securing NGO offices, covering defender medical costs incurred as a result of mistreatment for their human rights activity, etc).

Decisions and declarations of intergovernmental protection mechanisms

Mutliple declarations or resolutions by the European Union, the United Nations, the ACHPR, the OSCE and the Council of Europe, calling for the release of defenders and respect for freedom of association.

Adoption by the African Commission for Human and Peoples’ Rights at their 55th session of a resolution on "Protection against violence and other violations of human rights against people on the basis of their real or presumed sexual identity or orientation", which emphasises States’ obligations to protect the rights of LGBTI defenders in Africa. FIDH, which initiated and drove the adoption of this resolution, has been battling for several years to have the voice of LGBTI rights defence associations heard at the ACHPR and urged this body to make a public pronouncement on the question of the rights of LGBTI people.

FOCUS Azerbaijan

A statement by the United Nations Working Group on Arbitrary Detention concluded that “the accusations of treason and incitement to national, racial, social and religious hatred and hostility levelled against Mr Hilal Mammadov are no more than the rightful exercise of his right to freedom of speech”, demanding his immediate release with compensation. Mr Mammadov is a defender of Talysh ethnic minority rights and the head of the Tolishi- Sado (Voice of the Talysh) newspaper. He was arrested on 21 June 2012 and sentenced to five years’ imprisonment after an unfair trial. His case was examined by the Working Group on the basis of information provided by FIDH.

FOCUS Belarus

• On 24 September, the UN Human Rights Committee rendered a decision on the detention of Ales Bialiatski (FIDH Vice President and President of CHR Visana) following a joint appeal by FIDH and Mr Bialiatski’s wife. The decision found Mr Bialiatski’s detention to be arbitrary and held that the action of the Belarussian authorities had violated his rights to freedom and safety, justice, a fair trial and freedom of association. The Committee demanded that the authorities re-examine Viasna’s previous application for official registration, withdraw Bialiatski’s criminal record and pay him adequate compensation.

FOCUS Iran

A statement by the United Nations Working Group on Arbitrary Detention concluded that the detention of the

brothers Khosro and Massoud Kordpour, chief editor and correspondent respectively for the Mukrian News Agency, was arbitrary and demanded their immediate release with compensation. The case was examined by the Working Group on the basis of information provided by FIDH.

Improvement of legislative frameworks at the national level

Abandonment of plans to curb freedom or reversal of repressive laws, in Bangladesh, Egypt, Kyrgyzstan, Uganda and Ukraine.

Prizes awarded to defenders for whom FIDH campaigned

Adilur Rahman Khan (Bangladesh): Robert F. Kennedy Human Rights Prize, Gwangju Prize and International Bar Association Prize

Anar Mammadli (Azerbaijan): Vaclav Havel Human Rights Prize of the Council of Europe

Leyla Yunus, Anar Mammadli, Rasul Jafarov and Intigam Aliyev (Azerbaijan): Andrei Sakharov Freedom Prize of the Norwegian Helsinki Committee

Mutabar Tadjibayeva (Uzbekistan): Engel Dutertre Prize of the ACAT Foundation

Muharrem Erbey (Turkey): Pen International Award for Freedom of Thought and Expression

Erbey (Turkey): Pen International Award for Freedom of Thought and Expression 18 — FIDH ANNU A

FIDH InTERACTInG WITH ITS MEMbER AnD PARTnER oRGAnISATIonS

 

16 international fact-finding, judicial, advocacy and solidarity missions (Cameroon, Egypt, Brazil, Senegal, Indonesia, Panama, Cambodia, France, Burma) 11 judicial observation missions involving four areas of concern (in Algeria, the Russian Federation, Rwanda and Turkey)

243 urgent appeals – ENG/FR/ESP/RU/TUR/PERS

Referrals and judicial and quasi-judicial follow-up :

Before Senegalese courts: monitoring the procedure begun against a presumed perpetrator of the murder of Congolese (DRC) defenders Chebeya and Bazana Before the Human Rights Committee: communication against Uzbekistan in the Mutabar torture case Before the United Nations Committee on Enforced Disappearances: follow-up of the communication against Mexico Before the UN Working Groups on Arbitrary Detention: deposition of communications against Iran, Egypt and the DRC, follow-up of communications against Azerbaijan and Iran Before the UN Working Group on Enforced Disappearances: follow-up of a communication against Sri Lanka Before the African Commission on Human and Peoples’ Rights: follow-up of the communication against Sudan (arbitrary detention and acts of torture against defenders); follow-up of the communication against Ethiopia (curbs on freedom of association)

Advocacy support for defenders before IGOs, relevant regional and international mechanisms and representatives of influential States

Strategic seminars :

Egypt: Training on secure data storage and communication Belarus: Training local NGO representatives on psychological aspects of gathering victim testimony Syria: Train the trainers seminar on human rights promotion Burma : Meetings of the Forum for the Protection of Defenders Russia: Training seminar on data security, protective mechanisms for defenders and advocacy at the European Union

Fact-finding reports

 

2014 Observatory Annual Report : "We are not afraid"

Turkey: International Judicial Observation

Mission Report on the 16-Year Judicial Harassment faced by Ms.

Long

 

Pınar

Partnerships: OMCT in the framework of the Observatory and 400 members and partners

Selek Russia 2012-2013 : Attack on Freedom Eastern Europe : Disputed Entities in

 

Eastern Europe: Human Rights Sacrificed

Priority 2

Promoting and protecting women’s rights

Context and challenges

As the Convention on the Elimination of Discrimination Against Women (CEDAW), now ratified by virtually all States, celebrat- ed its 35th anniversary in 2014, the rights of women and those defending them were under serious threat. Some countries had even witnessed significant regression.

Profoundly discriminatory laws remain in force in many coun- tries, particularly in areas such as marriage, nationality, owner- ship of property and inheritance. Family laws in Burkina Faso, Egypt, Gabon, Indonesia, Morocco and Senegal, allow men to have several wives. In Kenya in 2014, the adoption of a new mar- riage law further endorsed such discrimination. In Afghanistan, Saudi Arabia, Burundi, Guinea, Nicaragua, Sudan and Yemen, the law requires women to obey their husbands. Many laws con- tain discriminatory provisions on the minimum marriage age, such as those in force in Cameroon or Democratic Republic of Congo (DRC). In several countries, such as Bahrain and Leba- non, the law prohibits women from passing their nationality on to their foreign spouse or their children. Legislation on property ownership and inheritance rights remain discriminatory in all countries in North Africa and the Middle East, as well as in Chile, where a woman’s share of inherited wealth is only half that of a man’s,. In Iran, the testimony of a man in legal proceedings equates to that of two women.

In 2014 domestic law in many countries remained deeply flawed as regards preventing and responding to violence against women. Many states, such as Lebanon, Armenia, DRC, Ivory Coast, Ga- bon, Egypt, Haiti and Niger, have still not adopted legislation that specifically punishes domestic violence, and perpetrators thus con- tinue to enjoy virtual impunity. Marital rape is not a crime in the Central African Republic (CAR), DRC, Egypt, Haiti, Cameroon, Ivory Coast, Lebanon, Mali, Morocco or Senegal. In Tunisia, the law allows a rapist to avoid any punishment by marrying his vic- tim. In Egypt and Syria, the law provides for a lesser sentence for men who kill their wives in the name of honour. In several states, almost all women and girls are victims of female genital mutila- tion with no measures in place to eliminate the practice. 98 % of women in Somalia, 96 % in Guinea, 93 % in Djibouti, 91 % in Egypt and 89% in Mali are victims of this practice.

Women and girls are targeted in many conflict situations. In the DRC, Darfur, South Sudan and Somalia, rape and other crimes of sexual violence continue to be committed on a massive scale. Victims rarely have access to justice, and perpetrators enjoy total impunity. In 2014 the world witnessed the rise of fundamental- ist groups, such as Daech in Iraq and Syria, and Boko Haram in Nigeria. These groups promote the exclusion of women and girls from public life and perpetrate rape, abduction, forced marriage and sexual slavery.

Despite growing international commitment in the past fifteen years towards promoting the participation of women in peace and transition processes, and the United Nations Security Council’s adoption of a series of resolutions concerning “women, peace and security” in particular, women in 2014 continued to be side- lined in these processes. The developments that took place in 2014 in Afghanistan, particularly the gradual withdrawal of in- ternational troops and the holding of presidential elections, pose serious threats to women’s rights.

Whilst in the Middle East and North Africa, the “Arab Spring” created opportunities for promoting equality in law and in prac- tice in many countries, it has also seen a rising risk of regression. In Egypt, the participation of women in the transition process is threatened by ongoing violence against those who attempt to exercise this right to participate in public life. In Syria, the conflict that continues to ravage the country specifically targets women and girls, who are the victims of gender-based violence.

From a global perspective, the risk of setbacks is particularly acute in the area of reproductive and sexual rights. On every continent, repressive legislation continues to criminalise abor- tion in serious violation of women’s rights. In 2014, Spain nar- rowly avoided a reform intended to drastically restrict access to abortion following massive public mobilization in defence of women’s rights. In Turkey abortion has been legal since 1983. On several occasions in 2014 however, the president explicitly voiced his determination to restrict access to medical termi- nation. In Nicaragua, El Salvador, Chile and the Dominican Republic, abortion is banned without exception. In Ireland, Senegal, Ivory Coast and Bangladesh, extremely restrictive

laws only allow for exceptions in cases where a woman’s life is at risk. In Poland, abortion has been banned since 1997, except in cases of rape, incest, foetal malformation or where a woman’s life is at risk. Furthermore, all these laws contain procedural constraints that prevent access to abortion in prac- tice, even in those limited cases allowed by law. Women thus resort to illegal and unsafe abortions with sometimes fatal con- sequences, in some countries facing potential prison sentences of up to several decades.

In 2014, women’s rights activists fighting for equality paid a heavy price, as demonstrated by the death threats directed at Mauritanian human rights activist, Aminetou Mint El Moctar, and the assassinations of the Libyan and Congolese activists, Salwa Bugaighis and Kasoki D’Assise.

FIDH and its member organisations and partners in action

> To secure equality between women and men before the law

Documentation, strategic exchanges and advocacy In 2014, FIDH continued to focus on documentation activities and capacity building to eliminate violence against women in several North African countries where political and legislative reforms are being implemented. FIDH organised a series of actions aimed at consolidating exchanges between women’s rights activists in Egypt, Morocco, Tunisia, Algeria and Libya. The conclusions of FIDH’s fact-finding mission report, pub- lished in April, on the scourge of sexual violence in Egypt’s public sphere (see Focus, below), where a very real epidemic of violence persists, have been relayed by its Moroccan and Tunisian member organisations, who have also organised awareness-raising and solidarity activities. In October, as the Tunisian government was preparing to examine a framework law to eliminate violence against women in line with the new constitution, FIDH and the Tunisian Association of Democrat- ic Women (ATFD) met in Tunis for a workshop attended by twenty women’s rights campaigners to discuss good practice in the fight to eliminate violence against women in the areas of prevention, advocacy and dealing with cases of violence. The workshop led to the organisation of a regional seminar on this issue, which was attended by campaigners from the five North African countries. The event provided a forum for shar- ing experiences, consolidating strategies and clarifying chal- lenges. A compilation of good practice in eliminating violence against women and aimed at civil society organisations and the authorities will be produced in 2015.

FOCUS

FIDH condemns the epidemic of sexual violence in Egypt Following an international fact-finding mission, conducted in collaboration with Egyptian women’s rights organisations in April 2014, FIDH published a report setting out more than 250 cases of violence against women demonstrators between November 2012 and January 2014. According to FIDH, these attacks in Tahrir Square are the most visible manifestation of a long-standing, systemic problem, which is maintained by a culture of total impunity and which prevents women from participating fully in the public and political life of their country. Women in Egypt are regularly subjected to sexual harassment and assault on the street, on public transport and in the workplace. Victims are stigmatised and accused of hav- ing “provoked” these attacks, including by the political and religious authorities, as well as by the media. Shame and stigmatisation drive most of the survivors not to report the crimes. When they do report them, their complaints are only rarely investigated.

The publication of this report was widely covered by the Egyptian and international media, fuelling political debate on this issue at national as well as regional level, particularly in Morocco and Tunisia where FIDH and its member organisa- tions arranged press conferences.

The report’s findings were referred to the United Nations Spe- cial Rapporteur on violence against women and the UN Work- ing Group on the issue of the Discrimination against Women in Law and in Practice. In May 2014, FIDH organised a round table attended by Egyptian and regional organisations, in- ternational experts (experts from the CEDAW Committee and the former UN Special Rapporteur on violence against women) to share the report’s recommendations and define advocacy strategies to eliminate the scourge. This action led to sixteen Egyptian women’s and human rights organisations jointly mobilising, publishing and distributing a statement of “10 Urgent Measures to End Violence Against Women”, directed at the Egyptian State. As part of an examination of two election legislation bills (the law on parliament and the law on exercising political rights), FIDH and the Egyptian organisation Nazra for Feminist Studies submitted a joint statement to the United Nations Working Group on the issue of Discrimination against Women to warn of the discrimina- tory nature of the proposed provisions and the inadequacy of the measures intended to ensure women’s representation on elected bodies.

The advocacy conducted by FIDH and its partner organi- sations contributed to the adoption of amendments to the Criminal Code, which were formulated to include a definition of sexual harassment. In July 2014, the first convictions for sexual assault committed in Tahrir Square were handed down. In addition, the government launched a discussion process to devise a national strategy on violence against women, with- out, however, consulting civil society organisations.

To exert even greater influence on the authorities’ response to violence against women, FIDH completed its analysis of this phenomenon by conducting a second fact-finding en- quiry into sexual violence committed by Egyptian security forces against people arrested and detained. The report will be published in 2015.

FIDH and its member organisations have continued to strenuously advocate for an end to laws that discriminate against women in the North Africa region. Until the new constitution was adopted on 26 January, our organisations tirelessly lobbied members of the Tunisian National Constituent Assembly and the authorities to guarantee gender equality. FIDH subsequently facilitated the establishment of a national panel of experts (lawyers, professors and NGO members), which met on many occasions in 2014 to analyse whether national laws comply with the new constitution and, in particular, to propose reforms guaranteeing equality for women and men in national law. As part of the Equality Without Reservation campaign, FIDH and its member organisations demanded that national authorities complete the process of withdrawing all reservations to CEDAW in accordance with their publicly stated commitments. This was done in April 2014. In support of women’s rights organisations in Bahrain, a general advocacy statement on the situation of women’s rights in Bahrain was submitted to the CEDAW Committee when the report on that State was being examined as part of the Committee’s periodic review of Bahrain’s compliance with the Convention.

In response to a request from several member organisations and partners in the face of the increasing politicisation or militarisation of Islam in their country and the risk of regression in women’s rights, FIDH launched a multi-region project with its partners in Tunisia, Egypt, Morocco, Sudan, Mali, Somalia, Nigeria, Afghanistan, Pakistan, Iran and Turkey. In the first instance, FIDH coordinated a written analysis of developments relating to women’s rights in law and in practice in the different countries. This study served as a reference document for a seminar that brought together women’s and human rights organisations in the countries in question to discuss the latest challenges arising in these specific contexts and to devise strategies for taking action to protect rights.

In a global context in which sexual and reproductive health rights are under serious threat, FIDH has stepped up its actions in this area. FIDH and its member organisations consequently voiced opposition to the attempted tightening of Spanish legislation on abortion and mobilised the United Nations Working Group on the issue of Discrimination against Women in Law and in Practice in this regard. On the International Day for the Elimination of Vio- lence against Women, FIDH issued a memorandum on the viola- tion of sexual and reproductive rights and the risk of regression at a global level. In Senegal, FIDH conducted a fact-finding enquiry in Dakar, Thies and Ziguinchor into the effects of the ban on abor- tion, which is resulting in serious violations of the rights of women and girls. Senegalese legislation on medical termination is in fact

among the most restrictive in the world. A report entitled “I don’t want this child, I want to go to school” was published by FIDH and its member organisations in Senegal in November 2014. A list of recommendations based on the enquiry’s observations was forwarded to the CEDAW Committee at its pre-sessional meeting to examine Senegal and to the Working Group on Discriminatory Law and Practice when it visited Senegal in the first half of 2015. An advocacy mission directed at the Senegalese authorities will be organised in 2015.

FIDH has continued to fight for equality in Africa as part of its “Africa for Women’s Rights: Ratify and Respect!” campaign in which one hundred local and regional African women’s and hu- man rights organisations are involved. FIDH has conducted a follow-up to its fact-finding mission on women’s rights in Uganda with the aim of producing an action strategy along with local organisations. This strategy is designed to circumvent the politi- cal obstacles to reforming the law on marriage and divorce and to implementing the law on sexual violence. On the basis of its findings, FIDH submitted a communication to the United Nations Working Group on the issue of Discrimination against Women in Law and in Practice. The public response from several quarters condemned the serious violations of women’s rights perpetrated by elements of the fundamentalist armed group Boko Haram in northern Nigeria. In addition, FIDH supported advocacy action undertaken by representatives of Guinean NGOs and directed at the CEDAW Committee during its examination of Guinea.

In 2014, FIDH also contributed to the activities of the NGO net- work for gender equality initiated by the International Franco- phone Organisation (OIF) in French-speaking countries. Having helped draw up the network’s founding charter and action plan, FIDH took part in parallel activities organised at the OIF Summit in Dakar in November 2014, where it distributed a position paper on the rights of women in the French-speaking world.

paper on the rights of women in the French-speaking world. FIDH intervention in front of the

FIDH intervention in front of the delegation for woman's rights of the French National Assembly. Credits: FIDH

Lastly, on the subject of Asia, FIDH brought the issue of women’s rights before the United Nations Human Rights Council during the Universal Periodic Review of Iran. Two months prior to the Afghan presidential elections, Armanshar/OPEN ASIA and FIDH launched a campaign entitled “Unveiling Afghanistan: The Unheard Voices of Progress”. Over a period of fifty days, a series of fifty interviews with influential social, political and cultural figures from Afghan civil society was posted on the Huffington Post website and published in the major Afghan daily newspaper 8 Sobh. A large number of testimonies reported the situation of women’s rights in the country. In addition, FIDH supported the organisation of the second International Women’s Film Festival held in Herat in November.

FOCUS

FIDH and its leagues mark 35 years of CEDAW To mark the 35th anniversary of the adoption of the Interna- tional Convention to Eliminate All Forms of Discrimination Against Women (CEDAW) on 18 December 2014, FIDH devel- oped a series of original and creative tools designed by students at the Paris School of Decorative Arts to promote and share this fundamental text.

> To promote women’s access to justice

Strategic exchanges FIDH and its member organisations were involved in joint action to end impunity for those perpetrating the most serious crimes and, in the process, encountered social, political and legal bar- riers to women’s ability to access justice, particularly victims of sexual crime.

In a bid to build capacities, exchange experiences and engage in strategic discussions, in July FIDH organised a training on the provision of legal support to victims of sexual and other gender- based crimes and associated advocacy activities. The training was directed at representatives of its member organisations in Ivory Coast, Mali, Guinea and the Central African Republic. Conducted by Patricia Viseur-Sellers, former adviser to the ICTY Prosecutor and Adviser on International Criminal Law Prosecution Strategies to the ICC Prosecutor, this training led to an internal report that was circulated to all FIDH staff.

Workshops and seminars were organised in Egypt and Tunisia (see Objective 1, above) by FIDH and its member organisations on the subject of violence against women. This provided an opportunity to discuss strategy and share experiences and good practices in the fight to end impunity for perpetrators of such violence.

Contentious action As part of its specific programmes in Ivory Coast, Guinea and Mali to end impunity for the most serious crimes, FIDH and its member organisations have continued to focus on the right to justice for

victims of sexual crimes. In Guinea, many rapes were committed by members of the security forces in 2009 and the days following the bloody repression of a peaceful protest against the junta in power. Here, FIDH and Guinean Human Rights League (OGDH) continued to support women victims during their hearings before examining magistrates in order to sustain an open judicial process relating to the 28 September massacre. An FIDH international mission to Mali in June helped establish a pool of lawyers and an anti-impunity plat- form of six NGOs (comprising FIDH and five Malian organisations) in support of victims of crimes committed during the occupation of northern Mali by armed fundamentalist and Touareg groups. In November 2014, these six NGOs filed a complaint with the Malian courts on behalf of 80 victims of rape and sexual violence. In Ivory Coast, FIDH and its member organisations, acting as civil parties in proceedings underway relating to post-election violence, recorded gaps in investigations into sexual violence. Strategic meetings with women’s rights organisations led to legal work being undertaken to support women from the neighbourhoods of Yopougon and Adobo in court and legal dealings.

FOCUS

Tunisia: Justice finally done for a victim of police rape On 20 November, a Tunisian court imposed a prison sentence of 15 years on police officers who had taken part in a gang rape. FIDH and its member organisations represented the victim in the criminal and appeal court and supported her when she received public threats and faced potential criminal proceedings herself. The victim was initially charged with indecency. She not only had to face her rapists but also her critics, including the spokes- person for the Ministry of the Interior who spread insulting and defamatory rumours about her.

who spread insulting and defamatory rumours about her. Drawing from FIDH illustrated booklet on the 35

Drawing from FIDH illustrated booklet on the 35 years of CEDAW

The police officers were found guilty in April 2014. An appeal led to harsher sentences in November 2014. The verdict rep- resents major progress in the fight against sexual violence in a country where it remains taboo.

Advocacy action at national, regional and international level In 2014 FIDH and its member organisations met with the highest levels of government in all countries in which they were lead- ing contentious actions. The aim of these meetings was to secure commitment from the authorities to tackling impunity for the most serious crimes, particularly crimes of sexual violence, and to take concrete measures to promote women’s access to justice.

FOCUS

FOCUS FIDH contributes to the adoption of decrees establishing reparation for victims of crimes of sexual

FIDH contributes to the adoption of decrees establishing reparation for victims of crimes of sexual violence in Libya Victims of sexual violence, which was used as a weapon of war during the Libyan revolution, are now considered war victims and their right to reparation has been recognised by the Libyan State. In February 2014, following a conference organised by FIDH, the Observatory on Gender in Crisis and the Delegation on Women’s Rights of the French National Assembly, the Libyan Minister of Justice Mr Salah El Marghany adopted the first ever decree according the status of war victims on victims of sexual violence and granting them the right to compensation, training and various forms of assistance, particularly relating to housing. The decree provided for the creation of a committee responsible for identifying women who have suffered sexual violence and awarding them benefits. FIDH was approached by the future members of this committee and in April organised a meeting in London at which reparations experts shared their specialist

knowledge. In June, the Libyan Minister of Justice adopted a second decree formally establishing the Libyan Committee for the Reparation of Victims of Sexual Violence. FIDH facilitated the appointment of an expert responsible for supporting the work of the committee.

FIDH advocacy action also played a part in the adoption by the African Commission on Human and People’s Rights of two res- olutions relating to combating sexual violence in Africa. These resolutions emphasise the need to combat impunity for perpe- trators of such violence. The CEDAW Committee, echoing the recommendations of FIDH and civil society, also called on the Guinean authorities to combat impunity for sexual violence com- mitted during the 28 September 2009 massacre.

Examples of outcomes

FIDH has enabled or facilitated the following

Equality between women and men before the law

Egypt • Launch of a process to draw up a national plan to eliminate violence against women. • Adoption in June 2014 of an amendment to the Criminal Code to include a definition of sexual harassment.

Tunisia • Inclusion of provisions guaranteeing protection for women’s rights (non discrimination, equality before the law and elimination of violence against women) in the new constitution adopted on 26 January 2014.

women) in the new constitution adopted on 26 January 2014. Graffiti on Talaat Harb, ©Julia Schoepp

Graffiti on Talaat Harb, ©Julia Schoepp

• Formal notification to the United Nations General Secretary of the withdrawal of reservations to CEDAW with effect from 17 April 2014.

Bahrain

• Adoption by the CEDAW Committee of final observations addressed to the Bahrain authorities that reiterate the concerns and recommendations of FIDH and its member organisations.

Guinea

• Adoption by the CEDAW Committee, following examination of Guinea, of a report which emphasises the need to end impunity for sexual violence, female genital mutilation and discriminatory legal provisions, as advocated by FIDH and OGDH, its member organisation in Guinea.

Spain

• Withdrawal on 23 September 2014 of the draft bill intended to prohibit abortion except in certain cases.

• Report to the United Nations Working Group on the issue of Discrimination against Women in Law and in Practice, which reiterated the recommendations of FIDH and its members concerning access to abortion in Spain.

Promoting women’s access to justice

Egypt

• Conviction by a Cairo court of seven men for sexual assault in July 2014.

Libya

• Adoption by the Libyan authorities of a decree recognising victims of sexual violence as war victims in February 2014, and a decree establishing the body responsible for identifying victims and providing each with benefits in June 2014.

Tunisia

• Conviction in a criminal court in April 2014 of police officers who took part in the gang rape of a woman in September 2012. In November 2014, the conviction was upheld and the sentences increased on appeal. FIDH and its member organisations in Tunisia represented the young woman in court.

Africa

• Adoption by the African Commission on Human and People’s Rights of two resolutions during its 55th ordinary session condemning the persistence of crimes of sexual violence in Africa.

The concrete recommendations formulated in these resolutions directed at Member States echo those drawn up by FIDH. In particular, they call for the adoption of appropriate legislative measures, effective action to combat impunity for perpetrators of sexual violence and the adoption of reparations for victims.

Senegal

• Report to the United Nations Working Group on the issue of Discrimination against Women in Law and in Practice warning of the consequences of prohibiting abortion in Senegal, as advocated by FIDH and its members.

Guinea

• Court hearing before examining magistrates involving almost 400 victims, including many victims of sexual violence, who were legally represented by FIDH. This hearing was part of proceedings launched in February 2010 relating to the massacre of 28 September 2009.

• Further court hearing in response to international rogatoryletters involving the director of Conakry Stadium, the former Minister of Youth and Sport, and former head of the earlier military junta, Moussa Dadis Camara, who had fled to Burkina Faso.

• Conviction as part of these proceedings of eight leading figures including Lieutenant Colonel Moussa Tiegbo Camara, Secretary General to the Presidency and responsible for special services and for combating drug trafficking, organised crime and terrorism; Colonel Abdoulaye Chérif Diaby, former Minister of Health; and Colonel Claude Pivi, current chief of the presidential guard.

Mali

• Legal representation before Malian courts for 80 women and girls who were victims of rape and other forms of sexual violence committed during the occupation of northern Mali by armed groups in 2012 and 2013.

Ivory Coast

• Adoption of a circular in March 2014 highlighting that the production of a medical certificate should not be a requirement in cases of sexual violence.

FIDH InTERACTIon WITH ITS MEMbER oRGAnISATIonS AnD PARTnERS

 

7 international fact-finding, judicial and advocacy missions (Tunisia, Uganda, Egypt, Senegal, Ivory Coast, Guinea and Mali)

121 Press releases in English, French, Spanish, Russian, Arabic and Farsi.

Advocacy support for 15 human rights activists (Bahrain, Libya and Guinea) directed at IGOs, relevant regional and international mechanisms and representatives of influential States

Judicial and quasi-judicial proceedings:

- Before Tunisian courts: Support for a victim of rape committed by police officers in 2012 (four defence assignments in criminal and appeal courts)

- Before Guinean courts: Support for victims of violations committed during the massacre of 28 September 2009

- Before Ivorian courts: Support for victims of post-election violence in 2010

- Before Malian courts: Support for victims of armed groups from the north

Before the United Nations Working Group on the issue of Discrimination against Women in Law and in Practice; two submissions regarding Egypt; two submissions regarding Uganda

-

-

Before the Special Rapporteur on violence against women: Submission regarding Egypt

Strategic seminars:

- Tunisia: Two seminars on harmonising legislation and the provisions of the constitution

- Tunisia: Seminar on eliminating violence against women (November 2014)

- Libya: Seminar on sexual violence committed during the conflict (February 2014)

- Libya: Seminar on implementing the decree on crimes of sexual violence (April 2014)

   

Egypt: Strategic seminar on violence against women with Egyptian organisations and international experts (May 2014)

-

Fact-finding reports/Position papers

Region: Regional seminar on good practices in eliminating violence against women (December 2014)

-

-

Central African Republic/Ivory Coast/Guinea/Mali: Seminar to share experiences

 

Egypt: Keeping women out - Sexual violence in

of and strategies for combating impunity for perpetrators of crimes of sexual violence (July 2014)

the public sphere

Egypt: 10 Urgent Measures to End Violence Against Women

Campaigns and partnerships: Coalition for Equality Without Reservation; Africa for Women’s Rights: Ratify and Respect!; International Coalition for the International Criminal Court; International Trade Union Confederation; Herat International Women’s Film Festival, Afghanistan.

Tunisia: Sexual violence

in Tunisia: from denial to

dawning recognition

North Africa and Middle East: General Statement on the Elimination of Violence Against Women Senegal : « Je ne veux pas de cet enfant, moi je

 

veux aller à l'école » Francophone countries : Les femmes francophones ne sont pas sur un pied d'égalité Iran : Report submitted to the Universal Periodic Review Global : The prohibition on abortion constitutes violence against women Outils de sensibilisation A number of pubblications (banners, illustrated CEDAW text, postcards) to raise awareness on CEDAW provisions in occasion of the 35th anniversary of its adoption

awareness on CEDAW provisions in occasion of the 35th anniversary of its adoption 26 — FIDH

Priority 3

Promote and protect migrants' rights

Context and challenges

A Rising Number of Obstacles to Mobility Migrant rights violations are on the rise at every stage of the journey. Measures tightening controls on migration and poli- cies prioritising economic and security interests over human rights are increasing.

It is estimated that at the end of 2014, 3.2 million people had fled the conflict in Syria, with Libya, Turkey, Jordan and Iraq receiving the vast majority of these refugees. Less than 1% were accepted outside the region. The European response to the Syrian exodus has been shameful. With the exception of Germany, which offered thousands of resettlement opportuni- ties (a pledge it has yet to deliver on), the number of Syrians received by EU Member States is derisory.

In October 2013, after two shipwrecks killed over 400 peo- ple off Lampedusa, EU Member States promised measures to prevent the repetition of such tragedies. 2014 ended up even deadlier, with over 3,500 fatalities at sea. Instead of introduc- ing necessary reforms, the EU took a closed shutter approach:

building barriers at borders, strengthening methods of surveil- lance used by Frontex and Member States, launching a data sharing system at EUROSUR borders, and financing detention centres, etc. Far from stemming migration attempts to Europe, these exorbitantly expensive measures have pushed migrants to pursue even more dangerous and even fatal means of accessing the continent – as evidenced in the shipwrecks of early 2015. Most of those who die trying to reach Europe have sought to flee war and persecution in Syria, Somalia or Eritrea.

In the South Mediterranean, the EU and its Member States con- tinue to outsource border controls, entrusting responsibility for preventing illegal immigration to countries of origin or transit. In Morocco, negotiations with the EU lead to a readmission agreement permitting the enforced return of illegal immigrants of Moroccan nationality, as well as foreigners crossing through its territory. In December 2014, Spain passed a law authorising its police and civil guard to return those crossing its borders in secret at Ceuta and Melilla to the Moroccan border. Such returns constiute a violation of international law, notably the

right to asylum and principle of non-refoulement. These devel- opments coincide with the end of a special operation in Mo- rocco to put papers in order – an operation that has had mixed results. The strict application of criteria limited the number of programme beneficiaries below that predicted and the opera- tion’s conclusion was marked by a huge number of arrests and forcible expulsions of Sub-Saharan migrants.

Under pressure from the United States, which is keen to reduce migrant arrivals at its own borders, Mexico processed a record number of expulsions from Central American countries in 2014. Migrants crossing Mexico continue to be victims of violent crime, kidnapping and extortion while the perpetrators of these crimes enjoy almost total impunity. In the United States, re- sources for security measures have been increased to expand detention centres and set up new surveillance technology.

Australia continues its policy to prevent boatloads of migrants from reaching Australian soil, transferring passengers to Manus Island, Papua New Guinea or Nauru. Here, they are detained in overcrowded, squalid centres, whilst awaiting a decision on their refugee status, and ultimately resettlement in another country. Some have been returned to their country of origin in violation of the principle of non-refoulement.

Migrant workers vulnerable to exploitation and abuse Inhabitants in the Southern Regions are increasingly emigrat- ing from the South to the North in light of attractive lifestyles in emerging nations (Brazil, India, China), Gulf Oil States and some African countries. Migrant workers, especially illegal immigrants, are often exploited by employers or recruitment agencies. Against this backdrop, it is all the more important to make the authorities in their countries of origin face their responsibilities and take steps to protect their nationals travel- ling abroad.

In Gulf countries, millions of both male and female migrant workers, mainly from Asia and Africa, are caught in a trap by the kafala system of sponsors. This ties them to their employers and prevents them from leaving their jobs and even the country. They become victims of forced labour, practices such as the non-payment or arbitrary reductions in salary, confiscation of

their passports, and abuse mainly of a sexual and psychological nature, without access to legal remedy. Domestic workers in the Gulf Region are estimated to number around 2.4 million and are mostly female. These workers are particularly vulnerable to abuse and exploitation by the very nature of their work and absence of legal protection. In 2014, the situation of migrant workers in Qatar continued to raise international concern sur- rounding preparations for the 2022 FIFA World Cup. Working conditions are extremely harsh and have caused the deaths of more than 300 migrant workers. Under pressure, the authorities reformed kafala but failed to outlaw the system, simply limiting its duration. Nor has Qatar abolished its exit visa requirements to leave the country.

More and more people are emigrating from Central Asia to Rus- sia and, to a lesser extent, Kazakhstan in their search for work. As long as the economies of their countries of origin remain dependent on money sent home to family from abroad, migrant workers will remain extremely vulnerable to exploitation. The situation of migrants in Russia has been deteriorating for many years. Legislation on entry or residency has been toughened and racial discrimination is fed by political discourse and a xenophobic media. Despite the adoption of new measures at the start of 2014 allowing access to work permits in Kazakhstan, serious migrant rights violations persist.

FIDH and its member organisations and part- ners in action

> To strengthen policies and national laws for the protection of migrants’ rights

To investigate and raise the alarm on migrant rights Investigation work and public denunciation of migrant rights’ violations is especially important given the fact that migrants are often ostracised by local populations, and are barely heard and therefore are barely visible. In keeping with its multi-year action plan, FIDH and its member organisations have docu- mented migrant rights violations in countries of origin, transit and destination. In doing so FIDH has drawn conclusions and made recommendations for national authorities and interna- tional bodies. In 2014, Kuwait, Morocco, Russia, Tajikistan, Greece and Turkey were a particular focus for such work.

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FIDH ANNU A L RePORT 2014

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FIDH documents rights’ violations of Tajik migrants in Russia FIDH has carried out numerous investigations and much advocacy work in Russia, focusing on work migration between Tajikistan and Russia since 2011. FIDH has worked with ADC Memorial, its member organisation in Russia, and their Tajik partners (Tajik Bureau for Human Rights and Rule of Law (BHR) and Human Rights Centre (HRC)). In 2014, FIDH and ADC Memorial published a report highlighting deteriorating conditions for migrant workers in Russia.

The report (“Whether or not you want to, you have to go”. From Tajikistan to Russia: Vulnerability and abuse of migrant workers and their families) documents Russian police and border guard extortion, arbitrary arrests and police brutality targeting Tajik migrants. Stirred up by the Media’s racist political discourse, attacks on migrants are on the increase. The perpetrators of these attacks enjoy almost total impunity. The report also documents violations such as wages not being paid, poor living conditions and a lack of access to medical care. Furthermore, given the increased restrictions on entry and residency in Russia, expulsions have multiplied, and tens of thousands of migrants have been subjected to readmission bans.

The report also addresses the question of the specific impact of migration on women’s rights. Hundreds of thousands of women are left behind in Tajikistan to raise children, and to work in the fields and markets. They depend on their in-laws for financial support. Some husbands stop sending money or disappear altogether, often leaving their wives destitute. The number of Tajik women who emigrate to find work has been growing for several years. Female migrants, especially those who leave their country alone, are considered a challenge to traditional role models and are often stigmatized by their families and communities in Tajikistan. Meanwhile, in Russia, they are particularly vulnerable to exploitation and violence.

Findings have been submitted to relevant UN bodies, and to the Committee on Economic, Social and Cultural Rights in particular. In March 2015, the Committee published several recommendations for authorities in Tajikistan on migrant workers, taking into account the majority of FIDH and ADC Memorial’s claims. The report’s conclusions were also shared with OSCE representatives at the Human Dimension Implementation Meeting in Warsaw.

In 2015, FIDH will pursue legal action for a project on migrant workers in Central Asia involving its members and partners in Kazakhstan, Kirghizstan, Tajikistan and Russia.

To plead at national, regional and international level for the protection of migrant rights Throughout 2014, FIDH held the EU and its Member States accountable for fatalities in the Mediterranean due to their policies on securing borders, arguing the case for a European policy on migration that is respectful of migrant rights. Follow- ing the enormous loss of life in a shipwreck near the Island of Lampedusa at the end of 2013, FIDH made a referral to the UN Special Rapporteur on the Human Rights of Migrants. After two shipwrecks in September 2014, in the course of which more than 700 hundred people drowned, FIDH called upon the EU and its Member States to set up legal and safe methods of migration without delay, so that migrants and in particular refugees, could reach European soil without risking their lives.

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FIDH argues for improvements in Morocco’s scheme to manage legal status FIDH, its member organizations and Moroccan partners have monitored how a scheme to regularise out the status of illegal workers has been implemented in Morocco. When the scheme was at the half-way point, participants from many Moroccan, Sub-Saharan and international migrant rights’ organizations and authority representatives exchanged views at a conference organized in Rabat. The discussion highlighted a number of the scheme’s weaknesses. Based on experiences in other countries with similar schemes, participants identified concrete strategies for improvements. These included relaxing criteria or setting up a framework for dialogue to allow civil society and lawyers who help migrants in regularization applications to share their concerns with the authorities. Following this seminar, real headway was made. Numbers grew considerably from the few who had had their papers regularised in the first half of the scheme, moving from 2,812 acceptances in June 2014 to 17,916 by 31 December 2014. On 27 June, an appeal commission with the power to review applications rejected in the first instance was established. It proceeded to regularise the papers of all women applicants (5,060), as well as those in charge of migrant associations.

In December 2014, as the scheme was nearing its close, FIDH and GADEM began to draw up a full report on the operation.

In Morrocco, FIDH added its voice to that of Moroccan or-

ganizations to call upon the authorities to cease judging civil- ians in military courts. This came against the backdrop of a case against Manado Disarray – an individual accused in a military court of fatally wounding a soldier during a police operation that sought to prevent a group of migrants trying to pass through fencing at Melilla. Following civilian protests, the Council of Ministers passed a military justice reform on 14 March 2014. It set out that military courts have no jurisdiction

to judge civilians and that civilians awaiting trial should be

returned to a common law jurisdiction. Parliament voted on the law in October 2014 and it should come into force in July 2015.

In December 2014, FIDH supported Kuwaiti NGOs in bringing their recommendations to the Human Rights Council under Kuwait’s Universal Periodic Review (UPR). This followed

a collaborative enquiry in Kuwait with FIDH’s member

HumanLine. It documented the situation of migrant workers and stateless Bidun people. FIDH supported representatives from the Kuwait Civil Alliance coalition and facilitated meetings with influential diplomatic missions. Rights defenders most notably took part in delegations on the necessity of reforming the Kafala system. This sees migrant workers kept under the custody of a sponsor throughout their stay in Kuwait. Urgent solutions must be found for the Biduns, who are considered illegal residents by the Kuwaiti authorities.

> To strengthen the accountability of those violating migrants’ human rights

FIDH has developed strategies for legal action in cases where migrant rights have been violated. These strategies aim to fight impunity, influence policies and monitor the prevention of further violations. FIDH participated mainly in judicial proceedings relating to violations of human rights in the Mediterranean Sea, resulting from the migration policies of the EU and its Member States.

Progress in the "left-to-die boat" case In March 2011, as Member States carried out NATO patrols against the Gaddafi Regime, 72 migrants fleeing Libya on a makeshift boat were left adrift at sea. Distress calls were sent to Italian coastguards, NATO, and all other boats in the area. Helicopters and a military vessel saw the craft but did not go to help the passengers. A fortnight later, the boat was washed up on the Libyan coast with 11 survivors. Two died shortly after reaching shore. 63 people, including 20 women and 3 children, died due to this failure to assist. To establish the accountability of the armed forces in the area at the time of the catastrophe, FIDH, Gisti, the French and Belgian human rights' leagues and Migreurop set up a group of lawyers to work on the case. They launched an appeal in Italy in 2012 and helped victims to launch actions in France, Belgium and

Spain in 2013. In France, an initial complaint was filed in 2012 and was dismissed by the prosecution. FIDH and its partners filed a civil action to force a judicial enquiry. Requests for information were also filed in the United Kingdom, United States and Canada. Precise information was sought about the actions of the armed forces from these three countries at the time of the events in question.

In France, in December 2013, the case against X for failure to assist people in danger was dismissed before the investigation had even begun. Furthermore, another ruling contested the right of associations to launch a civil action on behalf of survivors. Appeals were launched against these two decisions, and in June 2014, the Investigation Chamber overturned the dismissal, ruling that a judicial enquiry should be opened and allowed to proceed. In Italy, an initial action had already been filed before several Italian courts, when another appeal was lodged in November 2014 on the survivors’ behalf. In Belgium, following an action filed in the names of three survivors in November 2013, an enquiry for failure to assist people in danger and a war crime were opened and proceeded.

By launching such proceedings at national level, FIDH and its partners demonstrate that the sea is not a lawless zone and that these crimes cannot go unpunished. If actions are dismissed at national level, appeals can go before the European Court of Human Rights.

appeals can go before the European Court of Human Rights. FIDH/GADEM seminar on migration policy in

FIDH/GADEM seminar on migration policy in Morocco. Credits : FIDH

FOCUS

Highlighting Frontex's accountability for rights' violations at the Greek/Turkey border An investigation was carried out on the border between Greece and Turkey by FIDH, Migreurop and REMDH, along with its Greek and Turkish members and partners. The result- ing report was entitled "Greek/Turkish border: The tragic limits of European migration policies" ad was published in May 2014.

Supported by about 10 witness statements, as well as numer- ous exchanges with Frontex, the European agency for external border controls, the report documents serious human rights' violations at the very heart of the agency's operations. It un- derlines the catastrophic consequences of tightened border controls: collective expulsions, use of dissuasion techniques to push back boatloads of migrants, denial of asylum ap- plications, physical and verbal abuse, etc. The report also highlights Frontex's responsibility for these rights' violations. Despite receiving information on its repeated violations, the agency continues to provide logistical support and to partici- pate in EU border operations. FIDH and its partners have de- nounced the absence of a mechanism to question the agency’s accountability and the lack of transparency in its operations. The French version of the report was launched at a press conference in Brussels. The Turkish version was launched at a press conference in Ankara. It has also been translated into English and Greek.

Legal action has also been taken against European Union rep- resentatives on the basis of the report’s findings. Its conclu- sions were also presented to Frontex’s directors in Warsaw in January 2015. Information collated by the Frontexit campaign helped create a public debate about Frontex's operations and even questioned its very existence. An increased caseload in recent years has led to questions about Frontex's responsibility for migrant rights violations in the Parliamentary Assembly of the European Council, as well as by the European Ombuds- man, the European Union Agency for Fundamental Rights and the UN Special Rapporteur on the Human Rights of Mi- grants. Furthermore, in February 2015, the Greek Government announced the closure of detention centres in which it held anyone entering Greek territory illegally.

Examples of outcomes

FIDH enabled or contributed to

Strengthening the protection of migrants' human rights in policies and national laws

Systematic processing of the papers of 5,060 women and those in charge of migrant associations through the Moroccan Appeal Commission and through the decision to bestow automatic renewal of residence permits upon expiry.

The passing of a law removing the jurisdiction of military tribunals over civilians by the Moroccan Council of Ministers on 14 March 2014. Parliament voted on the law on 22 October 2014 and published it on 1 January 2015. It should come into force on 1 July 2015.

The UN Committee on Economic, Social and Cultural Rights adopted key recommendations on migrant workers for the Tajik authorities, taking up the concerns and recommendations of FIDH and its partners.

The Working Group of the Universal Period Review for Kuwait adopted recommendations adressing the concerns of FIDH and the Kuwait Civil Alliance.

The Greek Government’s announcement in February 2015 that it would close detention centres in which it held illegal immigrants.

Strengthening the accountability of those violating migrants’ human rights The adoption on 9 June 2014 of a new report on the “Left-to-die boat” by the Parliamentary Assembly of the Council of Europe. In accordance with FIDH’s plea, the Assembly asked Member States to cooperate fully in communicating their ships’ positions during the drifting of the craft, as well as the messages received by their ships. It also requested them to grant residence permit applications to the survivors for humanitarian reasons, given their ongoing suffering. Furthermore, the Assembly encouraged Member States to adopt concrete measures to save a greater number of lives at sea, to create legal and secure channels for migration and to share responsibility for asylum seekers in Europe.

The opening of a judicial enquiry in June by a French Appeal Court into the attitude of the French army that stands accused of a failure to assist migrants drifting in the “left-to-die boat” leading to the death of 63 persons in March 2010. The opening of a judicial enquiry for failure to assist people in danger and war crimes by the Tribunal of the First Instance in Brussels.

Raising public awareness on Frontex’s role and the impact of its actions on human rights.

• The adoption by the Parliamentary Assembly of the Council of Europe, the European Union Agency for Fundamental Rights,

the European Ombudsman and the UN Special Rapporteur for the Human Rights of Migrants of recommendations made by FIDH and its partners’ for the EU, Member States and Frontex to remedy violations committed at Europe’s borders.

FIDH WoRkInG WITH ITS MEMbER AnD PARTnER oRGAnISATIonS

 

55 press releases in EN/FR/AR/ES/RU/GR/IT/PO

Supporting the pleas of 7 rights’ defenders (in Kuwait, Kazakhstan, Kyrgyzstan, Russia and Tajikistan) with IGOs, pertinent regional and international bodies and influential State representatives.

Judicial and quasi-judicial proceedings filed and followed through by FIDH:

The "left-to-die boat" incident before French, Spanish and Belgian courts Communications on EU and its Member States’ policies on migration to the UN Special Rapporteur on the Human Rights of Migrants

Strategic Seminar:

 
   

Morocco: FIDH/GADEM Seminar on the operation of migration policy

Investigative Reports

Partnerships: International Union Conference; Union Network International; Global Campaign for the ratification of the convention on the rights of migrants; Migreurop; Boats 4 people

Greece/Turkey: Greek/Turkey border: The tragic limits of European migration policies Eastern Europe: Disputed Entities in Eastern Europe:

Human Rights Sacrificed Morocco: Judicial Reforms must be translated into Action

 

Tajikistan/Russia: “Whether or not you want to, you have to go”. From Tajikistan to Russia: Vulnerability and abuse of migrant workers and their families

and abuse of migrant workers and their families Bangladeshi migrant worker, Kuwait, November 2013, © Sara

Bangladeshi migrant worker, Kuwait, November 2013, © Sara Prestianni

Priority 4

Promote the administration of justice and fight against impunity

1. Context and challenges

The right to effective redress for victims of international crimes

Combating impunity for serious human rights violations, includ- ing crimes falling under international law, not only contributes to the prevention of these violations, to the prosecution of their perpetrators, and to the increased effectiveness of victims’ rights, but also ultimately reinforces the rule of law. Redress for victims of international crimes before national courts in the countries where these crimes have been committed is the first opportunity for the victims to exercise their right to truth, justice and repara- tion. But in some countries, however, the collapse of the judicial system, the lack of independence of the courts, and/or the lack of protection for the victims and legal personnel can make it very difficult to access the judicial remedies 1 , through which perpetrators of international crimes can be held accountable and adequate reparation can be obtained.

In 2014, under the leadership of FIDH, major progress was made in judicial matters in 2014 in Mali, Guinea, and Ivory Coast in the fight against impunity for the perpetrators of international crimes before the national courts of these countries. The death of the former dictator, Jean-Claude Duvalier, in October 2014 aroused fears that the proceedings launched in Haiti would be jeopardised. However, proceedings were continued with wid- ened focus on all the highest- ranking members of the Duvalier regime. In conjunction with the former dictator, these individuals either conducted, or were accomplices in perpetrating enforced disappearances, arbitrary detentions, acts of torture and summary executions that took place between 1971 and 1986. Further, the fact that impunity for serious violations of human rights has

1. Ensuring access to and effectiveness of all justice mechanisms – be they extra-national or international, judicial or quasi-judicial – always entails specific challenges.

continued to be the rule, especially in Kenya, Sudan, Democratic Republic of Congo (DRC), Egypt, Burma, Mexico, Colombia, Ukraine, Afghanistan and Syria, shows the importance of devel- oping and consolidating strengthening other channels of redress.

Another present-day challenge to the right to effective redress for victims is to have national courts acknowledge corporate responsibility for the commission of international crimes. Two cases launched by FIDH made the front pages in France in 2014. They concern companies that sold surveillance technologies to the regimes of Gadhafi and Baschar AEl- Assad, which then used them in the arrest, and torture of persons considered opponents of their rule.

National extra-territorial jurisdiction laws, which authorise na- tional courts to investigate and prosecute anyone on their terri- tory suspected of committing international crimes abroad, con- tribute to fighting impunity. However, some countries continue to attack or restrict such laws. Support for these legal provisions

or restrict such laws. Support for these legal provisions the ICC prosecutor visits FIDH Fatou Bensouda,

the ICC prosecutor visits FIDH Fatou Bensouda, ICC prosecutor, with (from left to right) Souhayr Belhassen, FIDH Honorary president, Karim lahidji, FIDH president, Raji Sourani, Director of the palestinian Centre for Human Rights, Shawan jabarin, FIDH Vice president, Antoine Bernard, FIDH Chief executive officer. Credits : FIDH

and proceedings is essential, as shown from the trial that led to the first conviction (in March 2014) by the French judiciary of Pascal Simbikangwa for genocide and complicity in crimes against humanity committed in Rwanda in 1994.

Hybrid courts, which combine national and international law and employ mixed judges and prosecutors, have made considerable headway in 2014 in both Asia and Africa. In August 2014, the Extraordinary Chambers in the Courts of Cambodia (ECCC) pronounced their second sentence, this time against two former high-ranking Khmer Rouge leaders, namely Khieu Samphan and Nuon Chea. Both of them were sentenced to life impris- onment for crimes against humanity connected to the forced displacement of populations and the execution of former sol- diers and civil servants of the Khmer Republic. Elsewhere, the Extraordinary African Chambers (EAC/SC) in the Senegalese Courts, opened in January 2013, carried out throughout 2014 an investigation that ended culminated in February 2015 with Hissène Habré being sent brought before the Higher Criminal Court (Chambre d'assises) for crimes against humanity, war crimes and torture perpetrated between 1962 and 1990 when he was President of Chad. Civil society representatives are also pushing for the establishment of specialised mixed courts to deal with international crimes in DRC and in CAR to make up for the shortcomings of national courts.

The International Criminal Court opened a second investiga- tion into CAR relating to the crimes committed since 2012 and has continued to carry out inquiries and to prosecute the main perpetrators of crimes within its jurisdiction in eight situations countries (Uganda, DRC, CAR, Kenya, Sudan, Libya, Ivory Coast, Mali).

With regard to the situation in DRC, in March 2014 the ICC rendered its third verdict by declaring Germain Katanga, Com- mander of the Patriotic Resistance Force in Ituri district, guilty

of complicity in crimes against humanity, and war crimes com- mitted in February 2003 in Bogoro, a village in Ituri district, in DRC. With regard to the situation in DRC, the ICC also confirmed the charges against Bosco Ntaganda, whose trial for war crimes and crimes against humanity (perpetrated in 2002- 2003 in Ituri province) is scheduled to open in July 2015. The ICC also concluded the trial against Jean-Pierre Bemba, former Vice President of DRC, who was charged with crimes against humanity and war crimes in CAR in 2002-2003.

The trial of Laurent Gbagbo, the former President of Ivory Coast, for committing crimes against humanity during the post-electoral violence period at in end 2010-beginning 2011is scheduled to begin in November 2015, together with the trial of Charles Blé Goudé, former Ivorian Minister of Youth and alleged head of the Young Patriots militia. (Charges against him were confirmed in December 2014).

Opposition to the mandate of the ICC continued throughout 2014. Lack of cooperation from by the Kenyan authorities with the Office of the Prosecutor, and allegations of threats and at- tempts to sway key witnesses for the prosecution, seriously hin- dered investigations. In fact, the Office of the Prosecutor decided, in December 2014 to dismiss the charges against Uhuru Keny- atta, the President of Kenya Uhuru Kenyatta. The ICC was again criticised for the lack of impartiality of its action although it is noteworthy of note that the Office of the Prosecutor had opened preliminary investigations into of other situations in 2014, in particular in Georgia, Colombia, Honduras, Afghanistan and Ukraine, situation under preliminary examination by the Office of the Prosecutor throughout 2014. Additionally, the ICC has been examining the situation in Palestine since the beginning of 2015 after Palestine recognised the jurisdiction of the Court.

The Registrar’s reform project, carried out by the ICC Registrar (the ReVision project) was a major challenge this year, in light

ReVision project) was a major challenge this year, in light Victim participating in trial against Khieu

Victim participating in trial against Khieu Samphan and Nuon Chea in front of the Extraordinary Chambers in the Courts of Cambodia, in front of photo of prisoners of camp S 21. Credit FIDH

of its effects on the legal representation and participation of the victims in the ICC proceedings.

Lastly, highlighting the responsibility of States in committing international crimes remains essential to the victims’ search for redress, especially when impunity is widespread at the national level. The leaderships of international and regional, judicial and semi-judicial treaty mechanisms have a role to play in this area. Access to such mechanisms by NGOs and individuals is still at times challenge, as in the case of the the African Court for Hu- man and Peoples’ Rights.

Administration of effective and equitable justice

On 18 December 2014, the United Nations General Assembly adopted a resolution establishing a moratorium on the use of the death penalty. There was a record vote of 117 votes for, 38 against and 34 abstentions. That same month, Madagascar abolished the death penalty. In July 2014, at a continental conference held in Benin, representatives from the states, the African Union, and the African Commission on Human and Peoples’ Rights Working Group on the Question of the Death penalty and Civil Society passed a declaration calling for the adoption of a Protocol to the African Charter on the abolition of the death penalty on the African continent. But prorogress was, however, slowed by the suspension of the moratorium on the death penalty in December 2014, in Pa- kistan in December 2014, and the numerous executions in China, Iran and the United States, along with the announcement of the execution of many foreigners condemned to death (especially in Indonesia) for drug trafficking. The World Coalition Against the Death Penalty used the 10 October World Day Against the Death Penalty to draw attention to the special concerns for prisoners with mental health issues who risk being sentenced to death or are have been executed. Getting information about the executions and ad- vocacy on abolition are still major challenges, especially in Asia, which is the most severely strongly retentionist area.

Furthermore, in many countries, the fight against impunity for perpetrators of acts of torture and enforced disappearances is no less a challenge in 2014 than it was in 2013 in many countries.

Last, but not least, at the heart of the problem of the administra- tion of effective and equitable justice is how to conduct the fight against terrorism while still respecting human rights. This was a major problem in 2014, when in dealing with the actions of the fundamentalist groups such as AQMIAl-Qaeda, Daesh, the Taliban, Al-Shebab and Boko Haram, which are terrorising peo- ple and annihilating all freedoms for individuals who are living in areas under their control. Some States have also continued to use the pretext of fighting terrorism to repress peaceful protest movements.

FIDH and its member and partner organisations in action

> Reinforcing the right to effective remedy for victims of international crimes

Legal action

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FIDH Litigation activities FIDH is supporting almost 750 victims in more than 110 judicial and semi-judicial proceedings being held to determine the responsibility of perpetrators of serious human rights violations committed in about 45 national incidents. Most of the proceedings are to establish individual criminal responsibility before national and international courts. However, FIDH is increasingly involved in proceedings to establish responsibility of states and of corporations before regional bodies.

FIDH’s litigation work is conducted in close collaboration with its member organizations and partners. It focuses on emblematic cases, based on the extent of violations, their legal status, or the types of victims and perpetrators, so as to highlight the victims’ right to justice, and to pursue the objectives of deterrence, reconciliation, and the strengthening of the rule of law. The choice of judicial or semi-judicial bodies before which to present cases depends on their criteria of admissibility as well as on considerations of their judicial and political scope.

The coordination of the Legal Action Group (GAJ) is ensured by Patrick Baudouin, honorary president, and Clémence Bectarte.

Establishing responsibility before national courts FIDH and LAG, its Legal Action Group (a group of lawyers, mag- istrates, and jurists who work on a pro bono basis, is supporting the fight against impunity and contributing to the advancement of national justice in several countries in transition. In 2014 they as- sisted several hundred victims of the most serious crimes in 2014 before the national courts of Ivory Coast, Guinea-Conakry and Mali, and lent supported to proceedings underway against Duvalier in Haiti (Priority 6).

In addition, FIDH continued its legal efforts to advance national proceedings by making use of extra-territorial jurisdiction which is often the only recourse left for victims of international crimes who are unable to obtain justice in their own country. FIDH has become particularly involved in the case of ex-Captain Pascal Simbikang- wa, who was sentenced by the Paris Higher Criminal Court (cour d’assise) to 25 years in prison for genocide and complicity in crimes against humanity in Rwanda. This first trial has opened the way for many others in coming years; close to 30 investigations of suspected perpetrators of the genocide in Rwanda are being carried out by the

unit specialising in international crimes in France. In May 2014, Octavien Bganzi and Tito Barahira, two other persons who are also suspected of committing committing genocide in Rwanda, Octavien Bganzi and Tito Barahira were sent to face the Paris Criminal Court. The hearings of the trial are expected to start in 2016; FIDH and LDH will participate as plaintiffs.

FOCUS

Rwanda: French court sentences Pascal Simbikangwa for genocide and complicity in crimes against humanity On 14 March 2014, twenty years after the events and after six weeks of hearings, the Paris Criminal Court sentenced Pascal Simbikangwa to 25 years in jail for genocide and complicity in crimes against humanity committed in 1994 as part of the Rwandan genocide. Initially he was only charged with complicity in genocide; however Simbikangwa was ultimately convicted of genocide after the prosecutor advocated for a change in the type of criminal responsibility. This was the first trial held in France against an alleged offender in the Rwandan genocide. The accused has appealed the sentence and the appeal trial should be held in 2016.

FIDH and LDH (Ligue des Droits de l’Homme), who, together with other organisations, are participating as civil parties in this case, have fought tirelessly for this trial to be held, and for France to honour its legal obligations. Accordingly, FIDH set up a team of LAG lawyers to defend the interests of the civil parties before and during the trial. FIDH also published a summary report prior to the trial as well as an analytical paper on the main lessons to be learned from this first trial about the Rwandan affair to be held in France. This verdict shows the crucial role of extra-territorial in achieving justice for victims who, in some cases, have been waiting for many years.

The case of the Relizane militia against the Mohamed brothers (Al- geria). An investigation has been underway in the French courts since 2003 to establish the responsibility for violence committed in the 1990s by the armed militia which colluded with the Algerian authorities as part of their policy to fight terrorism. The investigating judge of the Criminal Court (tribunal de grande instance) in Nimes, on 26 December 2014 finally indicted and sent the Mohamed broth- ers to trial. This decision, if confirmed, could lead to the convening of the first trial on these crimes; however, the accused have ap- pealed. FIDH and LDH are participating as civil parties and LAG lawyers are representing seven individual plaintiffs.

The case of the “Disappeared of Brazzaville Beach” (Republic of Congo). FIDH has continued to attempt to establish responsibility for the massacres, torture and enforced disappearances perpetrated in 1999, so as to ensure that those responsible are brought to court and that the victims obtain justice and reparation resulting from fair, just and independent proceedings. LAG has worked to coun- ter the arguments of the defense, which called for the cancella- tion of judicial proceedings against Norbert Dabira, former Army Inspector-General. On 9 October 2014, The Investigatory Chamber

of the Paris Appeal Court, on 9 October 2014, finally confirmed the judicial investigation of Norbert Dabira for crimes against humanity, thus allowing the procedure, involving 80 victims who escaped or members of victims’ families who are participating as civil parties, to get under way.

Informed of the presence in France of Prince Nasser Bin Ahmad Al Khalifa, son of the king of Bahrain, on 22 August 2014, FIDH and LDH filed a complaint for acts of torture against him with the Prosecutor of the French Special Unit on Crimes against Humanity and War Crimes within the Paris Tribunal. The complaint claims that Prince Nasser was personally involved in committing acts of torture torturing Bahraini opponents in 2011 as part of the repres- sion of the popular protest movement known as the Pearl Spring of Bahrain. On 29 August 2014, the preliminary investigation was suddenly halted, following a notice granting immunity to Prince Nasser issued by the Protocol Department of the French Ministry of Foreign Affairs. This notice was based on an international con- vention that France had not ratified, but was presented in a new and surprising manner, as being part of customary international law. However, this contradicted a letter by the same Ministerial de- partment sent the same day to FIDH, which stated that the Prince was on a private visit, and thus was not entitled to diplomatic immunity. An appeal was sent to the General Prosecutor of the Paris Court of Appeal. Meanwhile, on 7 October 2014, the High Court in London ruled, in response to a judicial review request brought by a Bahraini tor- ture survivor, and with ECCHR as an interested party, that Prince Nasser was not entitled to immunity. This decision was taken fol- lowing a complaint about acts of torture submitted to the Crown Prosecution Service in July 2012, and opens the way for further investigations in the UK.

FIDH also acted in the suit for the extradition of Mario Alfredo Sandoval, a Franco-Argentinian citizen. He is wanted in Argentina for committing crimes against humanity, arbitrary detention, and acts of torture causing death, in the naval engineers’ school (the Escuela de Mecánica de la Armada (ESMA)), a secret detention centre in Buenos Aires, where 5,000 disappeared prisoners were were held during the dictatorship. Since Mr Sandoval was living in France, an international arrest warrant was issued by an Argentin- ian judge on 15 March 2012 and an extradition request was sent to France, specifically for his involvement in the disappearance of Herman Abriata, a student of architecture abducted on 30 October 1976, and never seen again. The investigatory chamber of the Paris Supreme Court of Appeals authorised the extradition on 28 May 2014. The defence had already appealed to the Court de Cassa- tion, and had already lodged an appeal with the Constitutional Court which, on 14 November 2014, confirmed that the extradi- tion of Sandoval was not unconstitutional, since the accused was not French at “the time when the offence for which extradition is sought was committed”. (Decision no. 2014-427 QPC of 14 November 2014)

FIDH strengthened its activities relating to the establishment of corporate legal responsibility by continuing to support Libyan

victims appearing as plaintiffs in the case against Amesys for com- plicity in torture. This French company and its management are accused by FIDH and LDH in a complaint filed in November 2011, of having sold surveillance equipment to the Mohammar Gadhafi'd dictatorial regime, equipment that was which was used to spy on dissidents of the regime. An investigation is currently under way.

FIDH has also continued its judicial action in the case against Qosmos and other French companies for complicity in torture in Syria. This company allegedly provided surveillance equipment to the dictatorial regime of Bashar Al-Assad to use for spying on the Syrian people and to enable Al-Assad' s intelligence services to perfect their tools for repression of dissidents. In April 2014, 18 months after the official complaint by FIDH and LDH, the prosecutor of the Paris Higher Criminal Court opened a judicial inquiry.

As part of its fight for sanctions against violations of individual freedoms, and following revelations by Edward Snowden, FIDH and LDH continued their efforts against illegal use of software on French territory such as that of the US called PRISM (Plan- ning Tool for Resource Integration Synchronization and Manage- ment), which enabled NSA and the FBI to intercept and capture private data on any individual. It was for this reason that, on 26 December 2014, FIDH and LDH filed a complaint in a Paris Higher Criminal Court (TGI de Paris) against senior officials in the French Intelligence Services. Newspapers in 2013 reported that those Intelligence Services had illegally collected huge quan- tities of data.

Actions before mixed or hybrid courts In 2014, FIDH continued to provide support for 10 Cambodians living in France who are plaintiffs in Case no. 002/02 before the ECCC. FIDH support allowed 5 plaintiffs and 3 close relations to go to Phnom Penh to hear the verdict in the Khieu Samphan and Nuon Chea trial.

FOCUS

Cambodia: Landmark decision condemning former Khmer Rouge leaders to life in prison On 7 August, the ECCC sentenced Khieu Samphan, former Head of State, and Nuon Chea, “Brother Number Two”,

a

former ideologue in the Khmer Rouge regime, to life

imprisonment for crimes against humanity. This is the first time that high-ranking Khmer Rouge officials have been convicted by an independent tribunal. Furthermore, the tribunal has ordered collective reparations for the civil

 

parties.

FIDH was the legal representative for 10 victims living in France and, together with its member organisation in

Cambodia, ADHOC, made it possible for the plaintiffs living

in

France and in Cambodia to be present for the hearings and

the historic verdict. The civil parties and their families had the opportunity to meet other civil parties living in Cambodia, to hold discussions with the NGOs and the lawyers of the

civil parties in Cambodia and visit the place of remembrance. FIDH continued to support the civil parties and two victims’ associations in their efforts to have a memorial monument built in Paris in honour of the victims of the Khmer Rouge regime as a measure of reparation.

FIDH has also been advocating for the establishment of a spe- cialised hybrid tribunal for international crimes in Democratic Republic of Congo (DRC) and in the Central African Republic (CAR). FIDH and its member organisations have pressed for the creation of a special criminal court in CAR to try the perpetrators of international crimes, who will not be prosecuted by the ICC and who cannot be tried by the national courts in their present state. The CAR court was created in 2015. In DRC, FIDH and 146 Congolese and international human rights organisations called for the adoption of a draft law relating to the creation of specialised hybrid chambers to try the persons responsible for serious viola- tions of human rights and a draft law for the implementation of the ICC Statues. FIDH and its member and partner organisations in DRC denounced the 5 May acquittal of 36 of the 39 members of the DRC armed forces, accused of rape in Minova, by the military court of North Kivu at Goma, This acquittal shows the urgent need for the DRC to create hybrid chambers and obtain the legal arsenal needed to prosecute the perpetrators of these crimes.

Before the International Criminal Court During intense internal debate on a declaration by the government of Ukraine recognising the ICC’s jurisdiction, FIDH organised an information exchange on the Maidan events for a representative of the Center for Civil Liberties (its partner organisation in that coun- try) at the Court’s headquarters. The declaration came into force on April 9, and in June FIDH organised a an advocacy mission targeting Ukrainian authorities advocating for the extension of the ICC jurisdiction beyond the Maidan events, and for ratification of the ICC Statute. FIDH took part in the drafting of a communication on the Maidan events, submitted in January 2015, as a contribution to the preliminary examination by the Prosecutor’s office.

Following two missions to Mexico, in particular one to the State of Baja California, FIDH documented cases of torture, arbitrary detention and forced disappearances committed in the region from 2006 to 2012. A communication was drafted, presented and sub- mitted to the Prosecutor’s office for a preliminary examination to be opened on the situation in Mexico, a necessary first step towards the opening of an investigation on these crimes, which constitute crimes against humanity. A public report based on the communication was published in September 2014.

In October, FIDH also transmitted a communication to the Pros- ecutor’s office on crimes resulting from large-scale land-grabbing in Cambodia. These activities were shown to be crimes against humanity, so to trigger the opening of a preliminary examina- tion in the situation. The communication was given considerable media coverage.

In March, along with 134 national and international NGOs, FIDH called on the ICC Office of the Prosecutor to continue its investiga- tions in DRC, and not to limit itself to the proceedings instituted so far.

FIDH continued to transmit information to the Prosecutor’s Office concerning the other situations before the ICC, in particular the fact-finding missions reports on CAR and on the crimes commit- ted in Ivory Coast, and on progress in national proceedings in the course of a meeting in the Hague with representatives of FIDH member organisations.

Exposing the criminal responsibility of States In the context of its action efforts to draw attention to States’ re- sponsibilities, FIDH contributed directly to the historical ruling handed down by the Inter-American Court of Human Rights on July 29, condemning the State of Chile for serious violations of the human rights of the members of the Mapuche community in Chile. This ruling, recognising the illegal nature of the criminali- sation to which communities defending their ancestral lands had been subjected. FIDH appeared before the Court to represent Ma- puche citizens sentenced in Chile under the antiterrorist legislation, which, according to the Court, found to violated the principles of legality and the right to the presumption of innocence. The ruling constitutes an important precedent for similar cases falling within the jurisdiction of the IACHR.

Following its third party interventions before the European Court of Human Rights, FIDH and partner organisations, have continued to make amicus curiae submissions on cases relating to the defence of LGBTI individuals. FIDH and partner associations submitted third party interventions in the following cases:

- in two cases pending before the European Court of Human Rights against Italy (Oliari et al. and Orlandi et al.) concerning 9 couples of the same sex who are unable to have their union legally recognised in Italy;

- in the M.C. and A.C. case against Romania relating to hate crimes committed against homosexuals in the country, and;

- in the A.E. case against Finland relating to the asylum application of an Iranian national who feared torture in his country based on his sexual orientation.

FIDH actions before the Court which set legal precedents con- cerning the protection of LGBTI rights are presented in a report published in January 2014.

FIDH has also followed the progress of communications submitted with other member and partner organisations before the African Commission on Human and Peoples’ Rights against Algeria, re- garding cases of forced disappearances during the Years of Lead, and against Sudan for acts of torture committed by agents of the intelligence services against human rights defenders.

Advocacy activities

Before national courts FIDH has continued advocating to the authorities concerned, in- tergovernmental organisations and the ICC in favour of strong, effective national judiciaries, with both the capacity and the will to fight impunity for the most serious crimes committed on na- tional territory, in particular in Guinea, Ivory Coast and Mali (see priority 6).

In France, it also continued to press for the amendment of the August 9, 2010 law. This law adapted the French criminal code to the Rome Statute, introducing an extra-territorial jurisdiction mechanism for war crimes, crimes against humanity and the crime of genocide. However, this law included a number of substantial obstacles to its application, and therefore needs to be modified. To this end several meetings with French ministerial and parlia- mentary representatives were conducted, in conjunction with the French Coalition for the International Criminal Court.

At the level of European Union Member States (EU), FIDH con- tinued pressing for victims of serious human rights violations to have access to independent, fair and effective justice. In a joint programme with REDRESS, TRIAL and ECCHR, FIDH co-or- ganised and participated in two seminars in Brussels for practi- tioners (investigators, magistrates and prosecutors): one in March 2014 on the implementation of the directive on the rights, sup- port and protection of victims of crime, and the other, in October 2014, on the right to participation, protection and reparation of victims of international crimes in the European Union. The latter seminar was organised ahead of the meeting of the EU points of contact network on international crimes, which takes place every six months, and which FIDH attends.

To increase awareness and exchange views on judicial strategies dealing with the criminal liability of business enterprises and their principals, FIDH organised several activities. On April 4, 2014, it organised a seminar in Brussels attended by a dozen experts and the main NGOs involved in establishing the responsibilities of ICT companies. CAUSE, a coalition of NGOs on the responsibilities of ICT companies for human rights abuses, was launched on that occasion. Taking into account the findings of the seminar and of the legal proceedings under way, such as those against Amesys and Qosmos, in December 2014 FIDH published an analytical position paper called “Surveillance Technologies ‘Made in Eu- rope’: Regulations Needed to Prevent Human Rights Abuses”. It also organised a seminar to share experiences among Libyans, Tunisians and Egyptians on transitional justice.

Before the International Criminal Court FIDH continued to defend the realisation of victims’ rights before the ICC. In particular, in an open letter to the Inter- national Criminal Court (ICC) Registrar, FIDH expressed concerns about the effects the Registrar’s reform project (Re- Vision project) could have on the victims’ participation and legal representation in ICC proceedings. FIDH also published

a report entitled “Five myths about victim participation in ICC proceedings”.

This report, which develops the themes addressed in the open let-

ter to the Registrar, was widely distributed during the 13th Session of the Assembly of States Parties (ASP) in New York in December 2014. FIDH organised a panel on the reform issues to do with the rights of victims to participate and have legal representation before the ICC. The Registrar, the ASP president, and the legal representatives of the victims in the Kenyan cases were key par- ticipants. At the 13th Session, FIDH was represented by a large delegation of representatives of its member and partner organisa- tions in Kenya, Ukraine, Mexico, Israel, Palestine and Libya, and also by representatives of the victims in the Prosecutor v. Kenyatta case. FIDH circulated a position paper containing recommenda- tions relating to the main themes on the agenda:

- defending the integrity of the Rome Statute (with amendments on the immunity of Heads of State and the use of the Assembly to pursue national interests);

- the ICC budget; amendments to the Rules of Procedure and Evidence;

- the omnibus resolution (concerning in particular victims’ rights, counsel and legal aid, intermediaries, complementarity and co- operation).

FIDH organised several meetings between representatives of its member organisations and the Registrar’s office. It also organised meetings between representatives of its member organisations in Israel (PCATI) and Palestine (Al Haq) and representatives of diplomatic missions in New York, to highlight the situation in Palestine, particularly after the Operation Protective Edge. These meetings took place at a time when Palestine and Israel intervened for the first time at the ASP, and when discussions were under way on Palestine’s proposed ratification of the ICC Statute (which took place early in 2015). During the ASP, FIDH also co-organised parallel events, on Ukraine and the ICC, and on Mexico and the ICC, in addition to those on victims’ rights referred to above, with the participation of the Office of the Registrar. FIDH spoke in the

plenary during the opening speeches. FIDH expressed its apprecia- tion for the election to President of the Assembly of States Parties of the ICC, of its honorary president, Sidiki Kaba now Minister of Justice of Senegal.

At the opening of the session, FIDH and its member organisa- tion in Kenya, the Kenyan Human Rights Commission, (KHRC), denounced the lack of cooperation by the Kenyan government and the witness interference and intimidation that led to the with- drawal of charges by the ICC Prosecutor against Uhuru Kenyatta, President of Kenya.

Before hybrid tribunals Throughout 2014, FIDH closely followed the legal process taking place in the Extraordinary African Chambers of the Senegalese Courts in Senegal, in particular by accompanying and supporting Assane Dioma N'Diaye, the Senegalese lawyer coordinating the legal representation of victims.

Following its mission organized for the delivery of the verdict by the ECCC in case 002/2 on 7 August 2014, FIDH produced a 30-minute documentary entitled Dossier N°002 – Histoire d’un verdict. The documentary, with subtitles in French, English, Spanish, and Khmer, was streamed on the sites of Mediapart, France 24, Phnom Penh Post, and Animal Politico. At the same time, FIDH published the testimony of the five civil parties it supported in the trial, recalling their sufferings during the Khmer Rouge regime, and relating their expectations in relation to the proceedings before the ECCC. 2

On 24 April 2014, FIDH and ADHOC, its member organisation in Cambodia, welcomed the request of the international co-pros- ecutor that co-investigating judges investigate sexual violence

2. https://www.fidh.org/La-Federation-internationale-des-ligues-des-droits-de-

l-homme/asie/cambodge/cetc/16251-cambodge-dossier-no002-histoire-d-un-

verdict

FoCuS

FIDH supports the inclusion of victim participation in the ICC Registrar “ReVision” project In a 17-page letter addressed to the ICC Registrar, FIDH expresses its concerns over the Registrar’s reform project (ReVision, concerning the comprehensive reorganization of the Registry) and the possible effect it will have on the participation and legal representation of victims in the ICC proceedings. “FIDH supports the reform initiative, but remains concerned that some elements might fundamentally undermine the right of victims to participate and be legally represented in the ICC proceedings “, declared Karim lahidji, FIDH president. In particular, FIDH is worried that the ReVision project envisages internalizing the legal representation of victims, and eliminating all independent legal advice to them. the presence of local external counsel would become optional, and they would become ICC staff members or consultants. What is more, the project failed to be specific as to the support that would be given to victims’ legal representation in the field, an aspect that - in the opinion of FIDH - is essential if meaningful victim participation is to be assured. Further consultations took place with the Registrar and his team following this letter, first in December on the occasion of the Assembly of States parties, then in March at the Hague. Although the results of the reform are not yet known, this letter led to the raising of a number of questions, and all commentators welcomed its impact relative to the rights of victims and the important influence it had had on the course of the reform.

and gender-based crimes in respect of four individuals charged in Case 004 before the ECCC. This case promises to meet the need for truth, justice, and reparations on the part of the victims of forced marriages, rapes, and sexual violence committed during the Khmer Rouge regime.

Before the bodies set up to establish the responsibility of States Throughout the year, FIDH has pressed for direct access by NGOs and individuals to the African and Arab courts of human rights, and has continued to denounce attempts to weaken the Inter-Amer- ican regional system for the defence of human rights, exemplified by Venezuela’s withdrawal from the Inter-American Court

> To promote the administration of effective and fair justice

To make progress towards the universal abolition of the death penalty FIDH has continued to oppose the use of the death penalty, in particular in Iran, Japan, Vietnam, Thailand, Botswana, Egypt, the Maldives, Sudan, Burma, and Belarus.

FIDH also continued to push for the adoption of a Protocol to the African Charter concerning the abolition of the death pen- alty. (This protocol was finally adopted in May 2015). FIDH par- ticipated in the first continental conference on the death penalty in Africa, organised from 2 to 4 July in Cotonou by the African Commission on Human and Peoples’ Rights (ACHPR), in col- laboration with the Benin authorities. The conference facilitated the acceleration of the process for the adoption of the protocol by ACHPR in May 2015.

On World Day against the Death Penalty on 10 October 2014, FIDH published a communiqué in six languages called “Greater protection against capital punishment for people with mental disorders.” Placing particular emphasis on the United States and Japan, FIDH denounced the fact that, in some countries, the death penalty is still imposed on persons with mental-health problems, despite its prohibition under international law. FIDH has placed online several interviews with experts (notably Ste- phen Greenspan, a developmental psychologist regularly called as a witness in death-penalty cases in American courts) on the theme of this world day, and on the use of the death penalty in such countries as Belarus.

FIDH welcomed the adoption of the resolution of the General Assembly of the United Nations establishing “a moratorium on the application of the death penalty” by a record number of coun- tries. Proposed every two years since 2007, the resolution was passed with an increased number of countries voting in favour (117 - six votes more than in 2012), a reduced number voting against (38 - three votes less than in 2012), and 34 abstentions (as in 2012). This vote conveys the message that the death pen- alty constitutes a serious violation of human rights, and that the movement to abolish it is gaining ground.

FIDH continued to work with the World Coalition against the Death Penalty for global abolition of the death penalty, and the establishment of a moratorium in those countries that still practise it. Florence Bellivier, Deputy Secretary-General of FIDH, is also president of the World Coalition.

To promote an independent judiciary, and combat torture FIDH mobilized against the electronic surveillance systems that have been installed by many States, and which are used to restrict freedom of expression, including the arrest and torture of regime opponents and human rights defenders. This is the basis of the com- plaints filed in France against Amesys and Qosmos for complicity in torture in Libya and Syria (see above).

FIDH also pursued its legal action in Guinea concerning cases of torture committed in 2010 (see priority 6), and monitored the re- sponse of the African Commission on Human and People’s Rights to its report on the case of three tortured human rights defenders in Sudan. FIDH also followed developments arising from its report to the Human Rights Committee of the United Nations on Uzbeki- stan in relation to acts of torture against the human rights defender Mutabar Tadjibaeva.

FIDH, its member organisations and partners conducted a fact- finding mission in Morocco to review the implementation of the authorities’ commitments in relation to reform the justice system, in accordance with international human rights law. The mission investigated cases where the justice system had been used to repress fundamental liberties, and cases of torture and ill-treatment.

To combat enforced disappearances In 2014, FIDH and its member organizations continued to work to shed light on the fate of the disappeared, and to ensure justice for them and their families.

Thus, FIDH succeeded in having four former officers in the Ma- lian army arrested and questioned for complicity in murder as a result of an inquiry into the disappearance of 21 red-berets in Mali. FIDH and AMDH played a part in initiating the inquiry by filing a civil action in 2013,

Following the filing by FIDH of a complaint implementing the principles of extra-territorial jurisdiction, legal proceedings were opened in Senegal against the former Congolese (DRC) police- man Paul Mwilambwe. This former member of the notorious PNC (Police Nationale Congolaise) claims to have witnessed the disappearance and murder of human rights defenders Floribert Chebeya and Fidèle Bazana in June 2010.

FIDH collaborated with a number of French and Argentinian NGOs to call on France to give a favourable response to the request from Argentina to extradite Mario Alfredo Sandoval to that country, where he is wanted for crimes against humanity during the dictatorship period.

FIDH continued to take legal action over disappearances in Guinea (the massacre of 28 September 2009), Ivory Coast (post- electoral violence), Congo Brazzaville (Brazzaville Beach case),

and Algeria (Rélizane case). It also monitored the cases of disap- pearance taken to the United Nations Committee and Working Group on Enforced Disappearances to establish the responsibil- ity of Congo Brazzaville, Chad, Guinea, and Mexico.

On International Day of the Victims of Enforced Disappearances, FIDH and other organizations asked the Association of South-East Asian Nations and its member states to take all necessary measures to combat such violations in South-East Asia. FIDH and its part- ner organizations reiterated their appeals to the governments con- cerned and to the international community for urgent clarification of the fates of Sumlut Roi Ja of the Kachin community in Burma, Sombath Somphone in Laos, and Dedek Khairudin in Indonesia.

FIDH monitored the progress of its submission to the African Com- mission on Human and People’s Rights against Algeria’s enforced disappearances during the Years of Lead in that country. FIDH also documented and denounced the systematic practices of enforced disappearance committed in Mexico before the Inter-American Commission on Human Rights. It also opposed the extension of the jurisdiction of military tribunals to cover cases of flagrant violations of human rights, including disappearances in Colombia.

FIDH continues to campaign for the ratification of the Interna- tional Convention for the Protection of All Persons from En- forced Disappearance by more states.

To promote the protection of human rights in the war against terrorism Lastly, FIDH has continued to denounce the serious violations of human rights committed by fundamentalist groups such as Al-Qaeda, Daesh, the Taliban, Shebab, and Boko Haram. It has also called on countries to respect international law on human rights in their struggle against terrorism, and has documented cases where the war against terrorism has been used as a pretext to repress non-violent protest movements.

Examples of outcomes

FIDH achieved or contributed to

Strengthening the right to effective remedy for victims of international crimes

In National Courts Argentine • On 28 May, the Paris Investigation Chamber authorised the ex- tradition of Mario Alfredo Sandoval to Argentina, in connection with the disappearance of Hernan Abriata, an architecture stu- dent detained on 30 October 1976, who disappeared in ESMA, the clandestine detention centre in Buenos Aires, where 5,000 detainees disappeared during the dictatorship.

Ivory Coast • Renewal of the mandate of the special investigation unit re- sponsible for legal investigation of post-electoral crimes (Cel-

lule spéciale d'enquête sur les violences post-électorales).

Promotion of investigations by the Ivorian courts of crimes com- mitted by both Gbagbo and Ouattara supporters; and of crimes committed in the Nahibly displaced persons camp in 2012.

Guinea

Investigating judges heard close to 400 victims legally repre- sented by FIDH in the judicial proceedings opened in February 2010 over the 28 September 2009 massacre; Trials of the direc- tor of the Conakry stadium and the former Minister of Youth and Sports, and the hearing on the international rogatory com- mission of Moussa Dadis Camara who fled to Burkina Faso; Indictment in this case of 8 high authorities, including Lieuten- ant Colonel Moussa Tiegbo Camara, Secretary General of the Presidency in charge of special services, the fight against the drug trade, organised crime and terrorism; Colonel Abdoulaye Chérif Diaby, former Minister of Health and Colonel Claude Pivi, current Head of the Presidential Guard.

Haiti

The Port au Prince Court of Appeal reinstated the charges against Jean-Claude Duvalier for crimes against humanity and ordered a further investigation into these crimes.

Mali • Indictment, on 13 and 14 February 2014, of two senior officials of the ex-junta for their alleged responsibility in the assassina- tion of 21 bérets rouges in April 2012, to be added to 17 other military officers indicted in November 2013 for this same crime. FIDH and AMDH, its member organisation, joined the judicial proceedings as civil parties alongside the 21 victims’ families.

• Opening of a judicial inquiry on 14 March 2014 on the “30 September 2013 Mutiny” subsequent to a complaint lodged by FIDH and its member organisation AMDH.

Syria

Opening of a judicial investigation in France, assigned to a specialised unit for crimes against humanity and war crimes, principally against Qosmos, for selling surveillance equipment to the Bashar Al Assad regime. This inquiry was opened as a result of a complaint lodged by FIDH and its member organisa- tion LDH.

Rwanda

The sentencing of Pascal Simbikangwa by the Paris High Crimi- nal Court (Cour d'Assises) to 25 years in prisons for crimes of genocide and complicity in crimes against humanity committed in 1994 as part of the Rwanda genocide.

Central African Republic

Application on 12 June 2014 by the CAR authorities to the Of- fice of the ICC Prosecutor requesting that it open an inquiry into crimes that fall under the jurisdiction of the ICC, committed in the country since 1 August 2012.

Creation on 9 April 2014 of the Special Unit of Inquiries and

Instructions (CSEI), an investigative body incorporated in the special criminal court.

Cases before Mixed and hybrid Tribunals

The 7 August conviction of Khieu Samphan, former Head of State, and Nuon Chea, “Brother Number 2” and former ideologue of the Khmer Rouge regime to life imprisonment for crimes against humanity.

Signature on 8 August 2014 of a Memorandum of Agreement between the CAR authorities and the United Nations on the establishment of a special criminal court to fight impunity for the most serious crimes, in compliance with the recom- mendations of the fact-finding and advocacy report of FIDH and its member organisations.

Cases before Regional Courts and Commissions

The historic decision of the Inter-American Court against Chile condemning the use of anti-terrorism laws to criminal- ize the protest action of the Mapuche community against the expansion of forestry projects.

Cases before the International Criminal Court

Preliminary analysis by the Office of the ICC Prosecutor on the situation in CAR, which led to the opening of a second enquiry, on the situation in Guinea, and on the situations in Mexico and Cambodia

Closing oral statements by Prosecutor in the case against Jean-Pierre Bemba for crimes committed in CAR, covering many of the elements set out in the reports that FIDH trans- mitted to the ICC, concerning application of article 15 of Statute of the ICC.

Accession of Palestine to the ICC Statute

The “ReVision” project for the Registrar related to the impact on the victims’ rights and the organization of most substantial consultative meetings

Administration of effective and fair justice

Africa: Adoption by the African Commission for Human and Peoples’ Rights of the Protocol to the African Charter on Human and Peoples’ Rights on the abolition of the death penalty in Africa

Argentina: On 28 May, the Paris Investigation Chamber authorised the extradition of Mario Alfredo Sandoval to Argentina, in connection with the disappearance of Hernan Abriata, an architecture student detained on 30 October 1976 who disappeared in ESMA, the clandestine detention centre

in Buenos Aires, where 5,000 detainees disappeared during the dictatorship.

Mali: Indictment, on 13 and 14 February 2014 of two senior officials of the ex-junta for their alleged responsibility in the assassination of 21 red berets in April 2012, to be added to the cases of 17 other military officers indicted in November 2013 for this same crime. FIDH and AMDH, its member organisation, have joined the judicial proceedings as civil parties alongside the 21 victims’ families.

Algeria: Indictment against the Mohamed brothers issued by the investigating judge of the Nîmes High Criminal Court (Tribunal de Grande Instance) (26 December 2014) in the Rélizane forced disappearances case.

Guinea: Indictment of three high-level officials in the 2010 torture case, including Resco Camara, Governor of Cona- kry and General Nouhou Thiam, Chief of Staff of the Armed Forces; completion of the judicial investigation and schedul- ing of the trial.

Senegal: Using the principal of extra-territorial jurisdiction, legal proceedings opened in Senegal against former Congo- lese policeman Paul Mwilambwe in the case of the disappear- ance and assassination of human rights defenders Floribert Chebeya and Fidèle Bazana in June 2010.

of human rights defenders Floribert Chebeya and Fidèle Bazana in June 2010. 42 — FIDH ANNU

FIDH In InTERACTIon WITH ITS MEMbER AnD PARTnER oRGAnISATIonS

 

18 international fact-finding, judicial and advocacy missions (Ivory Coast, Mali, Guinea, Central African Republic, Cambodia, Haiti. Gaza/West Bank, Honduras, Mexico, Senegal, Chile, Ukraine, Panama, France, South Sudan)

127 Press releases in ENG/FR/SP

Support for advocacy action by 10 defenders, lawyers, representatives of victims’ associations to the IGOs, pertinent States, and national, regional and international jurisdictions

Judicial and semi-judicial proceedings initiated and monitored by FIDH: more than 110 legal proceedings in support of 750 victims to establish the responsibility of the perpetrators of grave human rights violations in 45 countries

Strategy/training seminars:

Face-to-face: Strategic planning meetings between representatives of Ivory Coast and Mexico with representatives of the ICC, States, and journalists based in The Hague Central African Republic/Ivory Coast/Guinea/Mali: Seminar on sharing experiences and on strategies for

fighting impunity for sexual crimes The Americas: Seminar in Guatemala on the fight against impunity for the most serious human rights abuses Eastern Europe: seminar on violations of human rights in disputed territories, and recourse mechanisms

Fact-finding reports and position papers

 

Central African Republic: “They must

all leave or die”

Partnerships:

Eastern Europe: “Disputed Entities in Eastern Europe:

International coalition for the International Criminal Court; Working group on victims’ rights; International Committee for the fair trial of Hissène Habré; Association for psychological support for victims of grave human rights abuses, TRACES and DIGNITY; National Coalitions for the ICC; World Coalition Against the Death Penalty; Int