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A N N UA L R E P ORT

2 01 6
04 Our Fundamentals

05 Worldwide Movement for Human Rights

08 184 Member Organisations

10 The 39th FIDH Congress

12 International Board

14 International Secretariat

16 Priority 1 Supporting Human Rights Defenders

30 Priority 2 Promoting and Protecting Womens Rights

42 Priority 3 Promoting and Protecting Migrants Rights

50Priority 4 Promoting the Administration of Justice


and Fight against Impunity

70
Tang Chhin Sothy/AFP

Priority 5 Strengthening Respect For Human Rights


in the Context of Economic Globalisation

CONTENTS
82Priority 6 Conflicts, Closed and Transition Countries:
Defending Democratic Principles and Supporting
Victims of the Most Grave Violations
82 THE AMERICAS
94 ASIA
106 MIDDLE EAST AND NORTH AFRICA
120 EUROPE AND CENTRAL ASIA
136 SUB-SAHARAN AFRICA

AN N UA L R E P ORT
2016

Worker at a bauxite storage site in Bukit Goh


situated in Malaysias rural state of Pahang.
Manan Vatsyayana/AFP
OUR FUNDAMENTALS

WORLDWIDE MOVEMENT
FOR HUMAN RIGHTS
Mandate: the protection of all rights

FIDH is an international NGO that defends all human


rights - civil, political, economic, social and cultural
- as stated in the Universal Declaration of Human FIDHs governing ethic: independence and
Rights. objectivity
The Executive Board
Our commitment: three pillars of action FIDH is a non-partisan, non-sectarian, apolitical
and not-for-profit organisation. Its International Is composed of the President, the Treasurer, 5
FIDH acts in conjunction with its member and Secretariat is headquartered in France, where FIDH Secretaries-General and 5 Deputy Secretaries-
partner organisations. Its actions are founded on is a recognised NGO. FIDHs independence, expertise General;
three strategic pillars: securing the freedom and and objectivity are the hallmarks of its credibility. It Prepares and organises the meetings of the
capacity to act for human rights defenders, the maintains this by acting with complete transparency. International Board;
universality of rights and their effectiveness. Meets once a month and reports to the International
Interaction: local presence and global action Board.
Guiding principle: the accountability of all
As a federal movement, FIDH operates on the basis The International Secretariat
FIDHs work is directed at States as primary human of interaction with its member organisations. It The Congress
rights guarantors. However, it also addresses non ensures that FIDH merges on-the-ground experience Based in Paris, it is composed of a team of
State actors such as armed groups and multinational and knowledge with expertise in international law, Is composed of FIDHs member organisations: 184 professionals managed by a Chief Executive
corporations. FIDH is committed to holding individual mechanisms of protection and intergovernmental as of the end of the FIDH Congress in Johannesburg Officer and an Executive Director, who sit as non-
perpetrators of international crimes to account bodies. This unique combination translates into joint in 2016; voting advisory members of the International and
through the international criminal justice system. actions between FIDH and its member organisations Meets every three years; Executive Boards. The team is structured by regions,
at national, regional and international levels to Discusses the FIDH thematic and geographical action priorities, and delegations. The International
remedy human rights violations and consolidate priorities and decides on FIDHs policy orientations. Secretariat has permanent delegations at the United
processes of democratisation. It makes FIDH highly Nations in New York and Geneva, at the European
representational and legitimate. The International Board Union in Brussels, before the International Criminal
Court in The Hague, as well as regional offices in
A sys te m of gove r nance: u nive rsalit y and Comprises 22 volunteers from FIDH member Tunis and Bangui; and offices in conjunction with
transparency organisations. The Board is elected by the Congress member organisations in Conakry, Abidjan, and
and consists of the President, the Treasurer, 15 Vice- Bamako. It also comprises a Communications and
FIDHs structure and operations place its member Presidents and 5 Secretaries-General; Public Relations department, and an Administrative
organisations at the heart of the decision making Determines FIDHs main strategic goals and and Finance Department.
process, and reflect its principles of governance. orientations, according to the policy orientations set In permanent contact with the actors in the field, the
by the Congress, and approves the annual accounts; International Secretariat implements the decisions
Meets three times a year and reports to the of the FIDH policy-making bodies in conjunction with
Congress. the member organisations, chargs de mission, and
members of the International and Executive Boards.

4 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 5


KEY ACTIVITIES 2016
70
International
missions

31
Material support
25
Fact-finding
to defenders at risk reports

110 357
Judicial actions
on behalf of victims Alerts on the
situation of defenders
100
Advocacy missions
before inter-governmental
organisations

6 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 7


Commission Of Pakistan (HRCP) / PALESTINE, Al Haq /
PALESTINE, Al Mezan Center for Human Rights (Al Mezan)
/ PALESTINE, Palestinian Centre For Human Rights (PCHR)
/ PALESTINE, Ramallah Centre For Human Rights Studies
Y Defensa De Los Derechos Del Pueblo (CODEPU) / CHILE, (RCHRS) / PANAMA, Centro De Capacitacin Social De

ORGANISATIONS
Observatorio Cuidadano / CHINA, China Labour Bulletin Panam (CCS) / PERU, Asociacion Pro Derechos Humanos
(CLB) / CHINA, Human Rights In China (HRIC) / CHINA (APRODEH) / PERU, Centro De Derechos Y Desarrollo
(TIBET), International Campaign For Tibet (ICT) / COLOMBIA, Detenidos-Desaparecidos en Honduras (COFADEH) / INDIA, (CEDAL) / PERU, Equidad / PHILIPPINES, Philippine Alliance

184 MEMBER
Comite Permanente Por La Defensa De Los Derechos Commonwealth Human Rights Initiative (CHRI) / INDIA, Of Human Rights Advocates (PAHRA) / POLAND, Polish
Humanos (CPDH) / COLOMBIA, Corporacion Colectivo De Peoples Watch / INDONESIA, KontraS / IRAN, Defenders Society of Anti-Discrimination Law (PSAL) / PORTUGAL,
Abogados Jos Alvear Restrepo (CCAJAR) / COLOMBIA, Of Human Rights Center In Iran (DHRC) / IRAN, Justice for Civitas / ROMANIA, The League For The Defense Of Human
Instituto Latinoamericano De Servicios Legales Alternativos Iran (JFI) / IRAN, Ligue Pour La Dfense Des Droits De Rights (LADO) / RUSSIA, Anti-Discrimination Center
(ILSA) / COLOMBIA, Organizacin Femenina Popular (OFP) LHomme En Iran (LDDHI) / IRELAND, Free Legal Advice Memorial (ADC Memorial) / RUSSIA, Citizens Watch (CW)
/ CONGO, Observatoire Congolais Des Droits De LHomme Centres Limited (FLAC) / IRELAND, Irish Council For Civil / RUSSIA, Memorial HRC Moscow / RWANDA, Association
(OCDH) / CROATIA, Civic Committee For Human Rights Liberties (ICCL) / ISRAEL, Adalah / ISRAEL, Association Rwandaise Pour La Dfense Des Droits De La Personne Et
(CCHR) / CUBA, Comision Cubana De Derechos Humanos For Civil Rights In Israel (ACRI) / ISRAEL, Btselem / ISRAEL, Des Liberts Publiques (ADL) / RWANDA, Ligue Rwandaise
Y Reconciliacion National (CCHDN) / CZECH REPUBLIC, Public Committee Against Torture In Israel (PCATI) / ITALY, Pour La Promotion Et La Dfense Des Droits De LHomme
Human Rights League (HRL) - Liga Lidskych Prav / Lega Italiana Dei Diritti Delluomo (LIDU) / ITALY, Unione (LIPRODHOR) / SENEGAL, Ligue Sngalaise des Droits
DEMOCRATIC REPUBLIC OF CONGO, Association Africaine Forense Per La Tutela Dei Diritti Delluomo (UFTDU) / IVORY Humains (LSDH) / SENEGAL, Organisation Nationale Des
Des Droits De Lhomme (ASADHO) / DEMOCRATIC REPUBLIC COAST, Ligue Ivoirienne Des Droits De Lhomme (LIDHO) / Droits De LHomme (ONDH) / SENEGAL, Rencontre Africaine
OF CONGO, Groupe Lotus / DEMOCRATIC REPUBLIC OF IVORY COAST, Mouvement Ivoirien Des Droits Humains Pour La Dfense Des Droits De LHomme (RADDHO) / SOUTH
CONGO, Ligue Des lecteurs (LE) / DJIBOUTI, Ligue (MIDH) / JAPAN, Center For Prisoners Rights (CPR) / AFRICA, Lawyers for human rights (LHR) / SOUTH KOREA,
AFGHANISTAN, Armanshahr/Open Asia / ALBANIA, Albanian Djiboutienne Des Droits Humains (LDDH) / DOMINICAN JORDAN, Amman Center For Human Rights Studies (ACHRS) Peoples Solidarity for Participatory Democracy (PSPD) /
Human Rights Group (AHRG) / ALGERIA, Collectif des REPUBLIC, Comisin Nacional De Los Derechos Humanos / KAZAKHSTAN, International Legal Initiative (ILI) / SPAIN, Asociacion Pro Derechos Humanos De Espana
familles de disparu(e)s en Algrie (CFDA) / ALGERIA, Ligue Inc (CNDHRD) / ECUADOR, Accin Ecolgica / ECUADOR, KAZAKHSTAN, Kazakstan International Bureau for Human (APDHE) / SPAIN, Federacion De Asociaciones De Defensa
Algrienne de dfense des droits de lhomme (LADDH) / Comisin Ecumnica De Derechos Humanos (CEDHU) / Rights and Rule of Law (KIBHR) / KENYA, Kenya Human Y Promocion De Los Derecho (FDDHH) / SUDAN, African
ANGOLA, Associao Justia Paz e Democracia (AJPD) / ECUADOR, Fundacin Regional De Asesoria En Derechos Rights Commission (KHRC) / KUWAIT, Human Line Center For Justice And Peace Studies (ACJPS) / SUDAN,
ARGENTINA, Centro De Estudios Legales y Sociales (CELS) Humanos (INREDH) / EGYPT, Cairo Institute For Human Organisation (HLO) / KYRGYZSTAN, Human Rights Sudan Human Rights Monitor (SUHRM) / SWITZERLAND,
/ ARGENTINA, Comit De Accin Jurdica (CAJ) / Rights Studies (CIHRS) / EGYPT, Egyptian Initiative for Movement (Bir Duino-Dyrgyzstan) / KYRGYZSTAN, Kylym Ligue Suisse Des Droits De Lhomme (LSDH) / SYRIA, Al
ARGENTINA, Liga Argentina Por Los Derechos Del Hombre Personal Rights (EIPR) / EGYPT, Egyptian Organization For Shamy / KYRGYZSTAN, Legal Clinic Adilet / LAOS, Marsad / SYRIA, Committees For The Defense Of Democracy
(LADH) / ARMENIA, Civil Society Institute (CSI) / AUSTRIA, Human Rights (EOHR) / EGYPT, Human Rights Association Mouvement Lao Pour Les Droits De LHomme (MLDH) / Freedoms And Human Rights (CDF) / SYRIA, Damascus
Osterreichische Liga Fur Menschenrechte (OLFM) / For The Assistance Of Prisoners (HRAAP) / EL SALVADOR, LATVIA, Latvian Human Rights Committee (LHRC) / Center For Human Rights Studies (DCHRS) / SYRIA, Syrian
BAHRAIN, Bahrain Center For Human Rights (BCHR) / Comision De Derechos Humanos Del Salvador (CDHES) / LEBANON, Centre Libanais des Droits Humains (CLDH) / Center for Media and Freedom of Expression (SCM) /
BAHRAIN, Bahrain Human Rights Society (BHRS) / ETHIOPIA, Human Rights Council (HRCO) / EUROPE, LEBANON, Palestinian Human Rights Organization (PHRO) TAIWAN, Taiwan Association For Human Rights (TAHR) /
BANGLADESH, Odhikar / BELARUS, Human Rights Center Association Europenne Pour La Dfense Des Droits De / LIBERIA, Regional Watch For Human Rights (LWHR) / TAJIKISTAN, Tajik Bureau on Human Rights and Rule of
Viasna / BELGIUM, Liga Voor Menschenrechten (LVM) / LHomme (AEDH) / FINLAND, Finnish League For Human LIBYA, Human Rights Association for Recording and Law (BHR) / TANZANIA, The Legal And Human Rights
BELGIUM, Ligue Des Droits De LHomme Belgique / BENIN, Rights (FLHR) Ihmisoikeusliitto / FRANCE, Ligue Des Documenting War Crimes and Crimes Against Humanity / Centre (LHRC) / THAILAND, iLaw / THAILAND, Union For
Ligue Pour La Dfense Des Droits De LHomme Au Benin Droits De LHomme Et Du Citoyen (LDH) / FRANCE (FRENCH LIBYA, Libyan League For Human Rights (LLH) / LITHUANIA, Civil Liberties (UCL) / THE NETHERLANDS, Liga Voor De
(LDDHB) / BOLIVIA, Asamblea Permanente De Derechos POLYNESIA), Ligue Polynsienne Des Droits Humains Lithuanian Human Rights Association (LHRA) / MALAYSIA, Rechten Van De Mens (LVRM) / TOGO, Ligue Togolaise Des
Humanos De Bolivia (APDHB) / BOTSWANA, The Botswana (LPDH) / FRANCE (NEW CALEDONIA), Ligue Des Droits Et Suara Rakyat Malaysia (Suaram) / MALI, Association Droits De LHomme (LTDH) / TUNISIA, Association
Centre For Human Rights Ditshwanelo / BRAZIL, Justia Du Citoyen De Nouvelle Caldonie (LDHNC) / GEORGIA, Malienne Des Droits De LHomme (AMDH) / MALTA, Malta Tunisienne Des Femmes Dmocrates (ATFD) / TUNISIA,
Global (CJG) / BRAZIL, Movimento Nacional De Direitos Human Rights Center (HRIDC) / GERMANY, Internationale Association Of Human Rights (MAHR) Fondation De Malte Doustourna / TUNISIA, Forum tunisien pour les droits
Humanos (MNDH) / BURKINA FASO, Mouvement Burkinab Liga Fur Menschenrechte (ILMR) / GREECE, Hellenic League / MAURITANIA, Association Mauritanienne Des Droits De conomiques et sociaux (FTDES) / TUNISIA, Ligue
Des Droits De LHomme Et Des Peuples (MBDHP) / BURMA, For Human Rights (HLHR) / GUATEMALA, Centro De Accin LHomme (AMDH) / MEXICO, Comision Mexicana De Defensa Tunisienne Des Droits De LHomme (LTDH) / TURKEY,
Altsean Burma / BURUNDI, Ligue Burundaise Des Droits Legal En Derechos Humanos (CALDH) / GUINEA-BISSAU, Y Promocion De Los Derechos Humanos (CMDPDH) / Human Rights Foundation Of Turkey (HRFT) / TURKEY,
De LHomme (Iteka) / CAMBODIA, Cambodian Human Rights Liga Guineense Dos Direitos Humanos (LGDH) / GUINEA- MEXICO, Liga Mexicana Por La Defensa De Los Derechos Insan Haklari Dernegi (IHD) Ankara / TURKEY, Insan Haklari
And Development Association (ADHOC) / CAMBODIA, Ligue CONAKRY, Mmes droits pour tous (MDT) / GUINEA- Humanos (LIMEDDH) / MOLDOVA, Promo-LEX / MOROCCO, Dernegi (IHD) Diyabakir / UGANDA, Foundation For Human
Cambodgienne De Dfense Des Droits De LHomme CONAKRY, Organisation Guinenne De Dfense Des Droits Association Dmocratique des Femmes du Maroc (ADFM) Rights Initiative (FHRI) / UKRAINE, Center for Civil Liberties
(LICADHO) / CAMEROON, Maison Des Droits De LHomme De LHomme Et Du Citoyen (OGDH) / GULF, Gulf Center for / MOROCCO, Association Marocaine Des Droits Humains (CLC) / UNITED KINGDOM, Liberty / UNITED STATES OF
(MDH) / CANADA, Canadian Centre for International Justice Human Rights (GCHR) / HAITI, Centre Oecumenique Des (AMDH) / MOROCCO, Organisation Marocaine Des Droits AMERICA, Center For Constitutional Rights (CCR) / UNITED
(CCIJ) / CANADA, Ligue Des Droits Et Des Liberts Du Droits Humains (CEDH) / HAITI, Rseau National De Dfense De LHomme (OMDH) / MOZAMBIQUE, Liga Mocanbicana STATES OF AMERICA, Center For Justice & Accountability
Qubec (LDL) / CENTRAL AFRICAN REPUBLIC, Ligue Des Droits De LHomme (RNDDH) / HONDURAS, Centro De Dos Direitos Humanos (LMDDH) / NICARAGUA, Centro (CJA) / UZBEKISTAN, Association internationale de dfense
Centrafricaine Des Droits De LHomme (LCDH) / CENTRAL Investigacin Y Promocin De Los Derechos Humanos Nicaraguense De Derechos Humanos (CENIDH) / NIGER, des droits de lHomme Club des curs ardents /
AFRICAN REPUBLIC, Organisation Pour La Compassion (CIPRODEH) / HONDURAS, Comit de Familiares de Association Nigerienne Pour La Dfense Des Droits De UZBEKISTAN, Human Rights Society Of Uzbekistan (HRSU)
Des Familles En Dtresse (OCODEFAD) / CHAD, Association LHomme (ANDDH) / NIGERIA, Civil Liberties Organisation / UZBEKISTAN, Legal Aid Society (LAS) / VIETNAM, Comit
Tchadienne Pour La Promotion Et La Dfense Des Droits (CLO) / NORTHERN IRELAND, Committee On The Vietnam Pour La Dfense Des Droits De LHomme (CVDDH)
De LHomme (ATPDH) / CHAD, Ligue Tchadienne Des Droits Administration Of Justice (CAJ) / NORWAY, Norwegian / YEMEN, Human Rights Information And Training Center
De LHomme (LTDH) / CHILE, Corporacion De Promocion Helsinki Committee (NHC) / PAKISTAN, Human Rights (HRITC) / YEMEN, Sisters Arab Forum For Human Rights
(SAF) / ZIMBABWE, Zimbabwe Human Rights Association
(Zimrights)

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THE 39TH FIDH
CONGRESS
The 39th FIDH Congress was held in Johannesburg,
South Africa from 23 to 27 August 2016.
The FIDH Internal Congress was attended by
The Congress began with an International Forum representatives of FIDH member organisations
co-hosted by FIDH and its member organisations and the International Secretariat. Referring to
from South Africa (Lawyers for Human Rights), achievements of past activities, the Congress drew
Zimbabwe (ZimRights) and Botswana (Ditshwanelo) up priorities and strategies for actions in the various
on the subject Fighting back for human rights: creating regions for the coming year. For instance, FIDH was
a vision, implementing a strategy and ensuring the specifically urged to add the protection of LGBTI
space for civil society as the cornerstone of human persons rights and the interaction between human
development. rights organisations and young people to its list of
priorities and courses of action.
The Forum was attended by close to 400 people,
including members of the FIDH International The Congress adopted specific resolutions on
Secretariat, representatives of member and partner human rights in Syria, Palestine, Burundi, South
organisations, local and regional civil society, Sudan, Djibouti, Kyrgyzstan, Nicaragua, Turkey
donors, and official representatives of national and Vietnam. Resolutions were also adopted on
and international authorities. themes such as justice in Africa, elections and
governance in Africa, the situation of human rights
defenders in Eastern Europe, Central Asia and in
the Maghreb-Middle East, violations and threats to
womens sexual and reproductive rights, migrants
Following 16 roundtable discussions and meetings rights in the European Union, and political and legal
of some 60 persons from around the world, the attacks on the Boycott, Divestment and Sanctions Mmes droits pour tous (Guinea); Peoples Watch
Forum presented suggestions from human rights movement against Israeli policies towards the (India); Justice for Iran (Iran); International Legal
organisations, especially from the Southern Africa Palestinian people. Initiative (Kazakhstan); Association Dmocratique
region, to address attacks against the universality of des Femmes du Maroc (Morocco); Norwegian
human rights and against human rights movements. The Congress approved the membership of 15 new Helsinki Committee (Norway); Equidad (Peru);
organisations: Canadian Centre for International Polish Society of Anti-Discrimination Law (Poland);
The Forum suggested strategies for fighting and Justice (Canada); Accion Ecologica (Ecuador); Memorial HRC Moscow (Russia); Peoples Solidarity
resisting in order to strengthen the participation of for Participatory Democracy (South Korea); Marsad
civil society in democratic governance. (Syria); Ilaw (Thailand); and the Center for Civil
Liberties (Ukraine).

Lastly, the Congress elected a new FIDH International


Bureau (composed of representatives from member
organisations) with eight new members, gender
balance and a larger number of representatives
of countries of the South. Dimitris Christopoulos
(Greece) was elected to succeed Karim Lahidji (Iran)
as president of FIDH.
10 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 11
PRESIDENT TREASURER
Dimitris Jean-Franois
CHRISTOPOULOS PLANTIN
Greece France

INTERNATIONAL BOARD
VICE-PRESIDENTS
Guissou Artak Adilur
JAHANGIRI KIRAKOSYAN RAHMAN KHAN
Afghanistan Armenia Bangladesh

Elise Mohamed Aly Maryse


MONGE Mohamed ARTIGUELONG
Ecuador ZAREA France
Egypt

Juan Francisco Drissa Tolekan


SOTO TRAORE ISMAILOVA
Guatemala Ivory Coast Kyrgyzstan

Gerard Gloria Margarita Rosemarie


J-M VAN VLIET CANO LEGUA R. TRAJANO
Netherlands Peru Philippines

Hafidha Sheila Arnold


CHEKIR MUWANGA TSUNGA
Tunisia Uganda Zimbabwe

SECRETARIES GENERAL

Dan Alice Debbie


VAN RAEMDONCK MOGWE STOTHARD
Belgium Botswana Malaysia

Pierre Shawan
ESPERANCE JABARIN
Haiti Palestine

HONORARY PRESIDENTS

Patrick Michel Daniel Karim Sidiki Souhayr


BAUDOUIN BLUM JACOBY LAHIDJI KABA BELHASSEN
France France France Iran Senegal Tunisia

and in cooperation with:

DEPUTY SECRETARIES GENERAL

Nabeel Paul Florence Bertha


RAJAB NSUPU BELLIVIER OLIVA
Bahrain Democratic France Honduras
Republic
of Congo

PERMANENT DELEGATES

Dobian Mabassa Jomary


ASSINGAR FALL ORTEGON
before the Economic and before the African before the Organization
Monetary Community of Union (AU) of American States (OAS)
Central African States

12 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 13


INTERNATIONAL SECRETARIAT Updated July, 2017

14 F I D H ANNUAL RE PORT 2 0 1 6

LOCAL MEMBER ORGANISATION STAFF


FOR JOINT LOCAL PROGRAMMES

Willy NETH Alain KIZINGUERE Amadou BARRY


Halimatou CAMARA
Deputy Coordinator, ABIDJAN Programme Officer, Programme Officer, CONAKRY
Legal Clinics/ OGDH/
MIDH/FIDH joint LCDH/FIDH joint OGDH/FIDH joint
FIDH joint programme
programme programme programme

Evrad BONDADE Alseny SALL


Drissa TRAORE
Programme Officer, BANGUI Programme Officer,
Coordinator AMDH/
LCDH/FIDH joint OGDH/FIDH joint
FIDH joint programme
programme programme

BAMAKO

Nicilas GBAGBE Aboubacar SYLLA


Lalla TOURE
Administrative and Administrative and
Programme Officer, CONAKRY
Financial Manager, Financial Manager,
AMDH/FIDH joint
LCDH/FIDH joint OGDH/FIDH joint
programme
programme programme

Ousmane SOUMAH
Administrative Assis-
tant, OGDH/FIDH joint
programme
FID H ANNUAL RE PORT 2 0 1 6 15

Mohamed DIOUBATE
Assistant, OGDH/FIDH
joint programme
PRIORITY 1

SUPPORTING
HUM AN RIGHT DEFENDERS
1/ CONTEXT AND CHALLENGES

Defenders have as a group brought about some


of the most important advances in human history,
such as the abolition of slavery, the recognition and
defence of womens rights, the struggle against
apartheid, anti-colonialism, the increasing abolition
of capital punishment, the criminalisation of torture
and degrading treatments, the development of
international justice and the growing repression
of international crimes, or the defence of workers
rights.

Their number is constantly evolving and everywhere


we see new forms of civil society expression
contributing to the defence of universal rights and
freedoms, including environmental rights, the right
to justice, the right to peace and development,
civil and political rights and economic, social and
cultural rights.

However, a counter tendency has continued to be


felt in 2016: while a growing number of individuals
claim, demand and exercise their rights, they are
confronted with an unprecedented level of attack
throughout the world. The very legitimacy of their
action is being called into question in ever more
spectacular ways: violent derogatory campaigns; a
proliferation of laws criminalising access to foreign
funds and even their actual operation without
the approval of the authorities;mass trials; the
criminalisation of any kind of peaceful dissent
Nabeel Rajab, President of Bahrain Center for Human Rights and Secretary General of FIDH
from the official line fixed by the authorities. 2016 DR
then has only confirmed and seen a worsening of
this tendency: defenders have been delegitimised,
criminalised and even killed.
These repressive models are being exported from to act. Within the United Nations, like many inter- Despite this worr ying and hostile contex t,
one country to another with the aim of snuffing out governmental institutions, the committee in charge Observatory actions have contributed in 2016 to
any criticism of the prevailing political and economic of accrediting civil society is controlled by a majority an improvement in a certain number of defender or
powers, or any kind of promotion or defence of of States wanting to limit the action of independent NGO situations throughout the world: the termination
human rights: from Angola to Russia via Saudi organisations. In the Parliamentary Assembly of the of prosecutions, releases, the overturning of laws
Arabia, the sole objective is to repress and silence Council of Europe (PACE), the geostrategic and even restricting freedoms, the recognition of arbitrary
any kind of dissent. This wave of revoking freedoms the interpersonal interests among parliamentarians detentions by the UN, safety guarantees or
has even reached international fora such as the G7 often serve as an obstacle to the capacity of the relocations are some of the advances gained through
and its Financial Action Task Force (FATF), which in institution to report objectively on the seriousness Observatory action.
the name of the fight against terrorism encourages, of the human rights and defender situation in certain
facilitates and legitimises measures affecting the repressive countries like Azerbaijan.
capacity NGOs and independent civil society have
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2 / FID H A N D I T S M E M BE R A N D PA RT N E R
ORGANISATIONS IN ACTION

PRIORITY 1
PROTECTING DEFENDERS IN UNSAFE OR
REPRESSIVE SITUATIONS

SUPPORTING The Observatory for the Protection of Human Rights


Defenders: since 1997, FIDH has been running
HUM AN RIGHT DEFENDERS several actions to protect defenders in co-operation
with the World Organisation Against Torture (OMCT)
through a unique partnership: the Observatory for
the Protection of Human Rights Defenders.

ProtectDefenders.eu: Since 2015, FIDH has been a


stakeholder in a consortium of 12 international and
regional NGOs to strengthen their coordination and
complementarity in supporting and urgently helping
defenders threatened throughout the world.

FINDING OUT THE FACTS AND ALERTING ON A Tweets FIDH ramped up the Observatorys
DAILY BASIS presence on Twitter, by developing a dedicated
Urgent interventions Urgent interventions are account aimed at alerting and mobilising support
one of the main protection tools. They consist as quickly as possible for the most worrying cases
of spreading the word about defender cases of of repression.
insecurity and repression to influence decision-
makers so that these situations stop. In 2016, FIDH The #ForFreedomcampaign To alert and mobilise
mounted 357 urgent interventions (emergency change actors concerning the particular situation
appeals, press releases and open letters to the of arbitrarily detained defenders, FIDH ran an
authorities), involving 53 countries. international campaign called #ForFreedom: The
In line with FIDHs multi-year action plan, particular more we talk about them, the sooner theyll be
attention was given to the situation of land and released, centring on those emblematic cases of
environment defenders, defenders of womens human rights defenders who have been deprived
rights, LGBTI persons rights and the rights of of their freedom throughout the world.
arbitrarily detained defenders.
The Retweet4Freedomcampaign With its action
RETWEET FOR FREEDOM, FIDH intends to refocus
attention on defenders who have been imprisoned
for tweeting. This campaign is participatory. It aims
to harness the mobilising power of the web. To this
end, FIDH launched the campaign site rt4freedom.
fidh.org on 5 December 2016. This website invites
each internet user to re-tweet the messages that led
to human rights defenders being put behind bars. By
re-tweeting, users take a stand against censorship
and orchestrated intimidation by the authorities.
In so doing, they mobilise decision makers so that
a tweet no longer means years of imprisonment.

Cambodian demonstrators near Prey Sar prison, Phnom Penh.


Tang Chhin Sothy/AFP

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PRIORITY 1

SUPPORTING
HUM AN RIGHT DEFENDERS
STRENGTHENING THE PROTECTIVE CAPACITY
OF INTER-GOVERNMENTAL ORGANISATIONS
Appeals to inter-governmental bodies and protection
mechanisms for action In 2016, all urgent
Observatory interventions continued to be directed
systematically to international and regional defender
protection mechanisms: special procedures at the
UN, the African Commission for Human and Peoples
Rights (ACHPR), and 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. These referrals prompt further
interventions and investigations by the competent
authorities, all with the aim of protecting defenders.

FIDH also organised some 15 advocacy meetings


with representatives of its member organisations
before international and regional inter-governmental
organisations and third countries urging them to
act to protect defenders in danger.

Strengthening defender protection mechanisms


FIDH organised two so-called inter-mechanism
meetings, in February and November 2016, bringing
together UN and regional defender protection
bodies to strengthen their interaction and promote
concerted and co-ordinated action on matters of
common interest to their respective mandates. OBSERVATION OF PROCEDURES AND UNFAIR Uzbek journalist Azimzhan Askarov sits behind bars at Chuy administrative court in Bishkek, Kyrgyzstan
TRIALS Nezir Aliyev/Anadolu Agency

EMERGENCY ASSISTANCE IN CASE OF THREATS In the face of legal systems being used and
AND RISKS manipulated to impede or criminalise defender
To respond to threatening situations and measures action, FIDH organised legal observation missions
endangering defenders physical and psychological throughout 2016 to protect and stand in solidarity In 2016, FIDH observed trials against
integrity, FIDH provided 31 material assistance with defenders. Such missions encompass various
packages to defenders in the following countries: goals: to provide expert legal assistance in this 7 defenders of freedom of expression in Morocco
Burma, Burundi, Cambodia, Cameroon, Egypt, type of case to support criminalised defenders; 24 farmers, most of them members of the Agun United Farmers Movement (MUCA), in Honduras
Ecuador, Honduras, Kyrgyzstan, Libya, Morocco, to bring solidarity and international attention to Ramazan Demir and Aye Acinikli, members of the Lawyers Association for Freedom, in Turkey
DRC, Rwanda, Sudan, Turkey, Uzbekistan, Oman, bear to ensure the right to a fair trial is respected;
Azimjan Askarov, a minority rights defender, as well as Tolekan Ismailova and Aziza Abdirasulova,
Palestine and Zimbabwe. These subsidy packages and also to throw light on procedural violations to
directors of Bir Duino and Kylym Shamy, in Kyrgyzstan
enabled the following costs to be covered: relocation; prompt a reaction from the authorities concerned
7 land rights and natural resources defenders in Guatemala
legal cases; home and office security; medical and the international community.
care; etc. 5 members and ex-members of the Association for Human Rights and Development in Cambodia (ADHOC)
In 2016, FIDH mandated 13 legal observation The blogger Lina Ben Mhenni in Tunisia
missions to cover procedures mounted against Max Bokayev and Talgat Ayan, mobilised against plans to amend land laws in Kazakhstan
human rights defenders (see table).
20 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 21
ESTABLISHING RESPONSIBILITY
FIDH has been running legal action and quasi-judicial
actions before national courts and regional and

PRIORITY 1
international human rights protection mechanisms
to establish state and individual responsibility in
emblematic cases involving violations of defenders
rights and in support of victims rights to justice,
including via the development and consolidation
of jurisprudence dealing with defender rights
protection.
SUPPORTING
Legal action before courts: in 2016, FIDH pursued
HUM AN RIGHT DEFENDERS its support of the families of Congolese defenders
Floribert Chebeya and Fidle Bazana killed in June
2010 in their quest for justice. On 2 June 2014,
FIDH and victims families lodged a civil action with
the Senegalese courts against Paul Mwilambwe,
one of the policemen presumed responsible for the
murders currently living in Senegal.

Quasi-judicial actions: In 2016, FIDH mounted 5


proceedings that it initiated with quasi-judicial
or judicial inter-governmental mechanisms to
denounce States lack of respect for defender rights.

Countries Defender Reviewing Date of Decision Situation


body review outcome

South Korea Mr. Sang- (GDTA by 31/10/16 Opinion


gyun Han and appeal) adopted in
Ms. Young- April2017:
joo Lee arbitrary
detention
Bangladesh Mahmudur GDTA 29/06/16 Interim
Rahman release

Cambodia Ny Sokha, GDTA 17/06/16 Opinion


Nay Vada, Yi adopted on
Sok-san, Lim 25 November
Mony and Ny 2016:
Chakrya arbitrary
detention

Burundi Marie- GDFI 26/01/16 PENDING


Claudette
Kwizera

Angola 14 Angolan GDTA 23/09/15 Opinion Interim


defenders + 1 adopted on release on 29
27 April 2016: June 2016
arbitrary
detention

Two ADHOC senior officers escorted by police officials outside the appeals court in Phnom Penh
Tang Chhin Sothy/AFP

22 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 23


PRIORITY 1

SUPPORTING
HUM AN RIGHT DEFENDERS
REINFORCING DEFENDER CAPACITY FOR ACTION
Alerts about limitations on defender action
International fact-finding missions on defenders
working environment In 2016, FIDH and the
OMCT, at the request of members and in light of the
particularly difficult situation in these two countries,
mandated two international fact-finding missions to
Honduras and one to Kenya to analyse the political,
legislative and judicial environment for defender
action. In addition, two reports were published in
2016.

Reports published in 2016

Latin America. Criminalisation of human rights defenders: a worrying phenomenon in Latin


America
Kyrgyzstan. Kyrgyzstan at the crossroads: tightening or loosening the straitjacket on
human rights defenders
Honduras. Honduras: Lower Agun, 4 years later: 25 defenders and peasants acquitted but
the murder of Counsellor Trejo goes unpunished!
Honduras. Human rights defenders between a rock and a hard place

These reports made specific recommendations to national authorities, private actors and international and
regional instances to improve the political and normative environment relating to defenders work. They served
as a basis for numerous advocacy actions mounted by FIDH and its member organisations.

Alerts FIDH and its member organisations likewise


made emergency interventions to denounce planned
and actual legislative reforms in certain States such Malaysian cartoonist Zunar prior to a book-launch event in Kuala Lumpur
as Bangladesh, Egypt, Israel or Kyrgyzstan, aiming Manan Vatsyayana/AFP

to restrict the freedom of association, namely NGO


access to overseas financing or criminalising the
defence of LGBTI rights.

ADVOCACY FOR A FAVOURABLE WORKING Appeals to inter-governmental bodies Appeal to the OSCE In September and October Appeal to the UN General Assembly In October 2016,
ENVIRONMENT FOR DEFENDERS Appeal to the Council of Europe At the end of 2016, FIDH was the joint organiser of a side event FIDH co-sponsored a side event at the UN General
Advocacy before national authorities- FIDH and 2015 and the beginning of 2016, FIDH provided to the OSCE Human Dimension Implementation Assembly on the challenges facing environmental
the OMCT organised two advocacy missions to a series of documents and information on the Meeting. Called The lack of independent judicial defenders across the world. The event, joined by five
the authorities in Kyrgyzstan (a country where the situation of defenders and NGOs in States in the power and persecution of human rights defenders other NGOs and sponsored by Norway, coincided
authorities want to bring in a law contrary to the Council of Europe to the office of the two PACE in the east of the OSCE region, the event provided with a report that was to be delivered a few days
freedom of association) and Guatemala (a country Rapporteurs dealing with these matters. Numerous a platform for Azeri, Belarussian, Kazakh, Russian, later by the Special Rapporteur on Human Rights.
where defenders have fallen victim to assassination points communicated by FIDH were reflected in two Kyrgyz and Uzbek defenders to appeal to the At this event, participants discussed the report
and attacks on the one hand, and legal harassment historic PACE resolutions adopted in January 2016 authorities in these different states about their recommendations, their importance and the need
and arbitrary detentions on the other) to urge them on the protection of defenders and NGOs, and in the responsibility to protect local civil societies and to implement them quickly and comprehensively.
to act in favour of a legislative and protective explanatory report accompanying each resolution. about their shortcomings in respecting the Rule
environment for human rights defenders. of Law.
24 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 25
PRIORITY 1

SUPPORTING
HUM AN RIGHT DEFENDERS
Appeal to the ACHPR As at every session of the
ACHPR, the Observatory presented an oral and
written intervention at the 58th and 59th sessions
(May and November) on the defender situation on
the continent, denouncing the hostile context
in which defenders operate as well as the main
repressive tendencies pitted against them. These
interventions enable a periodic follow-up of cases
dealt with by the Observatory throughout the year
and direct specific recommendations to States and
the Commission on ways to strengthen defender
and NGO protections.

MATERIAL SUPPORT AND TRAINING FOR


ACTION OF NGOS AND DEFENDERS
Through its multiple thematic and regional programs,
FIDH has developed numerous activities reinforcing
defender and NGO security and capacity for action
via training or material assistance. Some of these
activities enable defenders to prevent possible
violations of their rights and to increase their
leverage to guarantee a favourable political and
regulatory framework for their activities.

Material support - FIDH thus made eight grants


in 2016 to strengthen NGO capacity in Burundi,
Cameroon, Cambodia, Colombia, Mexico, Nicaragua,
and again in Liberia. And, through a specific
program supporting civil society in Belarus, FIDH
also supplied secure ICT equipment to numerous
NGOs and local human rights defenders.

Training FIDH organised training in Lebanon for


19 Iraqi defenders on secure communications and
data storage, in the context of documenting the
most serious crimes. FIDH also organised training
on computer security for 20 Palestinian defenders. EXCHANGING IDEAS ON STRATEGIES FOR
ACTION
The 39th FIDH Congress in South Africa The The forum aimed to get past the obvious findings The Burmese defender platform - Having set up
international forum that preceded FIDHs internal and to swap ideas on good practices that could the first Burmese defender platform intended to
congress was devoted to the challenges to, and be implemented to reclaim the space lost by compile information and exchange experiences
workable solutions for, defending human rights in civil society in recent years. Eight roundtables of on the defender situation in the country, FIDH
the context of a restricted space for civil society. It strategic exchanges enabled defenders to discuss contributed its leadership to the group in 2016,
brought together 400 participants, members of FIDHs their experiences, initiatives and the tools they used enabling it to develop action strategies for their
International Secretariat team, representatives from to counter attempts to encroach on their space. protection.
its member organisations and partners, local and
regional civil society, and representatives of national
and international authorities.
26 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 27
BLOCKING A
PLANNED LAW
RESTRICTING
PRIORITY 1 FREEDOM IN
KYRGYZSTAN
THE RELEASE Tolekan Ismailova, FIDH vice-president: The
Kyrgyzstani authorities wished to imitate Russia by
SUPPORTING
OF 16 PRO- proposing a law drastically limiting the freedom of
association and thus the work of local human rights
HUM AN RIGHT DEFENDERS
DEMOCRACY organisations. FIDH issued numerous alerts about the
situation. It supported Kyrgyzstani organisations in

ACTIVISTS IN their lobbying at the OSCE and the UN to put pressure

THE
on the government. And FIDH organised a mission to

ANGOLA
3/ EXAMPLES OF OUTCOMES Kyrgyzstan to meet the authorities and urge them to

RELEASE abandon their plan. A mission report was published in


FIDH and its member organisations contributed to: On 20 June 2015, the police arrested pro-democracy June 2016. Because of this international pressure, the

OF 2 activists while participating in a reading club devoted planned law was not adopted by Parliament in 2016.
to human rights violations and the lack of good Our vigilance will be maintained in 2017.

TURKISH
governance in the country. Some of them were

THE RELEASE abused while in detention, or went on hunger strikes

DEFENDERS
and even attempted suicide. FIDH issued many

OF 6 AZERI alerts about these activists situation and called on


Ramazan Demir and Aye Acinikli, both lawyers and the UN and the African Commission on Human and

DEFENDERS members of the Lawyers Association for Freedom,


were arrested on the 16th March 2016. Accused of
Peoples Rights to challenge the Angolan authorities.
FIDH also appealed to the UN Working Group on
After the release of Leyla Yunus and Arif Yunusov in being members of an illegal organisation, they were Arbitrary Detention and undertook an intense
December 2015, the remaining independent leaders questioned during their preventive detention about campaign on social media calling for their release.
of Azeri civil society were released between March their human rights defence activities especially This widespread pressure led the Angolan Supreme
and May 2016. At the end of May 2016, Rasul Jafarov, the appeals lodged by these two activists with the Court to order the release of the 16 activists.
Anar Mammadli, Rauf Mirqadirov, Intigam Aliyev European Court of Human Rights seeking Court
and Khadija Ismailova were all free. sanctioning of human rights violations committed
by Turkey under the guise of its anti-terrorist THE PROVISION
Most of them had been arrested during the summer operations.
of 2014 during an unprecedented wave of repression OF 31 MATERIAL
in Azerbaijan, and sentenced to very long terms of FIDH worked strongly for their release, having a
imprisonment after unfair trials. lawyer present as an observer at their two key trial ASSISTANCE GRANTS
hearings and drawing international attention to their
FIDH lobbied strongly for their release through case. FIDH issued urgent interventions denouncing TO DEFENDERS IN
EXFILTRATION
the presence of several lawyers observing some the unfounded nature of their accusations as well
15 hearings of the trials against Rasul Jafarov, as the violation of their right to a fair trial, and called BURMA, BURUNDI,
OF THREATENED
Leyla Yunus and Arif Yunusov, or Khalid Bagirov on international bodies to react to the defenders
and IRFS in 2015. FIDH also circulated urgent situation. Their case was also highlighted in the CAMBODIA,
BURUNDIAN
alerts denouncing the unfounded nature of the FIDH #ForFreedom campaign enabling internet
accusations and violations of their right to a fair users to urge decision makers to grant their release. CAMEROON, EGYPT,
HUMAN RIGHTS
trial. Their case was also highlighted in the FIDH
#ForFreedom campaign, enabling internet users to All this pressure led to the conditional release of ECUADOR, HONDURAS,
DEFENDERS
call on decision makers to release them. Ramazan Demir and Aye Acinikli by the Istanbul
Higher Criminal Court in September 2016, following KYRGYZSTAN, LIBYA,
Finally, intense lobbying throughout 2015 before 156 days of preventive detention. Throughout 2016, FIDH facilitated the exfiltration
various arms of the Council of Europe, of which MOROCCO, DRC, of Burundian human rights defenders at imminent
Azerbaijan is a member, triggered an investigation by A NOTE OF THANKS risk to their physical safety in Burundi because of
the organisations Secretary General on the grounds Today Anar Mammadli was finally released from prison RWANDA, SUDAN, their activities documenting human rights violations.
of serious and persistent violations of the provisions after 27 months of arbitrary detention.
of the European Convention on Human Rights. Without your support his release would not have been TURKEY, UZBEKISTAN, These actions enabled the relocation of these
possible. We would like to thank you warmly for all the defenders to safe places where they have been
All of this pressure led to the release of the above- lobbying and work you accomplished. OMAN, PALESTINE able to continue their activities in defence of human
mentioned defenders in 2016. We are extremely happy to see Anar free again. rights.
AND ZIMBABWE.
A relative of Anar Mammadli, an Azeri human rights
defender, released in March 2016.
28 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 29
PRIORITY 2

PROMOTING AND PROTECTING


WOMENS RIGHTS
1/ CONTEXT AND CHALLENGES

2016 was marked by various attacks on womens


rights, demonstrating that these very rights are
never definitively recognised and need to be
constantly fought for. Womens and human rights
organisations and their allies are aware of this reality
and worked tirelessly throughout the year to block
these attempts at regression.

Conservative and religious movements have


continued to lash out at womens sexual and
reproductive rights the foundation of their
emancipation by attempting to influence steps
backward or to impede steps forward.
In April, the newly-elected Polish conservative party
supported a bill by a pro-life group strongly backed
by the Catholic Church, which called for a total ban
on abortion and criminal penalties for women who
have abortions. After being approved by the senate
in September, Polish women, supported by many
women throughout Europe, marched en-masse
to defend their already very limited sexual and
reproductive rights. Faced with public pressure,
parliament ultimately rejected the bill.
In the United States, the day after Donald Trumps
swearing-in ceremony, millions of protesters around
the world marched against the misogynist ideology
promoted during his campaign. Two days later,
the president signed an executive order banning
the financing of American and international NGOs Pro choice supporters protest outside the Public Prosecution Office, Belfast, Northern Ireland
that provide health services that include abortion, Charles McQuillan/Getty Images/AFP

outside the US. and protests, the government ultimately decided to religious movements. In Turkey, the ruling Islamist Central African Republic, South Sudan and Burundi.
revert to the initial incarnation of the bill, including AKP party introduced a bill according to which men
Countries such as Chile and Northern Ireland have the two exceptions. accused of sexual assault on minors could not, in Thanks to the work of organisations that fight
continued to uphold retrograde legislation on certain cases, be prosecuted if they were to marry against impunity for crimes of sexual violence
abortion, despite protests and the tragedies that As violence against women plagues the entire their victim. This abject bill was later abandoned perpetrated during conflict, there is sometimes
these laws create for women. In Chile, a reform bill world, causing mass protests such as those in Latin after the mass-mobilisation of thousands of Turkish justice for victims. There were several victories in
to lift the total ban on abortion in certain cases America, where hundreds of thousands of people women in late November. 2016, particularly the first convictions in March of
was severely undermined by conservative parties demonstrated against femicide, Russian MPs those responsible for the crimes of sexual violence
and religious movements. Religious groups also under pressure from the countrys leaders and the Attacks on women and girls are also carried out as committed during the dictatorship of Ros Montt
attempted to block progressive reform in Angola, Orthodox Church chose to lessen the punishment tactics of war. Fundamentalist groups claiming to in Guatemala, the International Criminal Courts
where the government had proposed to introduce for domestic violence. In a rare occurrence for be Islamic, such as ISIL, have continued to target sentencing of Jean-Pierre Bemba to 18 years in
exceptions to the total ban on abortion in the the country, given the governments repression women and girls, subjecting them to various forms prison for the sexual violence as a war crime and
event of rape or if the woman is in danger while of defenders of human rights, demonstrations of sexual violence (sexual slavery, rape, forced crime against humanity committed in the Central
also proposing heavier punishments for backstreet were held against these measures. In Pakistan, marriage, etc.). Sexual violence has also been African Republic, and the conviction of Hissne
abortions. Under pressure from the Church, these womens rights advocates achieved the adoption perpetrated by the different sides in the conflicts Habr by the Extraordinary African Chambers for
exceptions were abandoned, but faced with criticism of a law against domestic violence, one opposed by that erupted or continued in 2016, such as in the acts of sexual violence.
30 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 31
2/ FIDH AND ITS MEMBER ORGANISATIONS AND
PARTNERS IN ACTION

OBJECTIVE 1 - TO SECURE EQUALITY BETWEEN

PRIORITY 2
WOMEN AND MEN BEFORE THE LAW

In 2016, based on information received by its member As for France, FIDH and the Ligue des droits de
and partner organisations, FIDH issued a large lhomme (LDH) sent the Committee an alternative
number of alerts (press releases and open letters) report denouncing the granting of a mandate on
about womens rights violations, including gender family and childhood by the Ministry of Womens
inequality. This information was sent to the relevant Rights which diminished women to their traditional
PROMOTING AND PROTECTING authorities, inter-governmental institutions and role as mothers and wives, the abandonment of the
international and regional human rights protection ABCD of Equality, violence against women, gaps in
WOMENS RIGHTS agencies, as well as the media. sexual education, the drastic reduction in hospitals
and health centres practising abortion and the
Awareness campaign launched on 8 March: FIDH lack of access to sexual and reproductive health
sought to raise public awareness of the inequality to services especially in overseas territories, the
which women fall victim. It produced a video entitled absence of equality and the sexual harassment in
Being born a girl, which uses the metaphor of a political institutions, and discrimination in terms of
running track strewn with hurdles to represent the employment. The Committee was receptive to these
discriminations women and girls face throughout concerns, sending recommendations to the French
their lives. Several themes were addressed, including authorities regarding migrant women, the access
selective abortion, female genital mutilation, the lack women in overseas territories have to sexual and
of access to education, early and forced marriages, reproductive health services, employment inequality
backstreet abortions, domestic violence and pay and pay gaps between men and women.
gaps. This awareness-raising tool, which called
upon the public to take daily action to progress In the case of Turkey, FIDH and its member
womens rights and ensure this would not be just organisation, the Human Rights Association (IHD),
a one-day fight, met with a very positive response drew the Committees attention to the attacks carried
in the media and on social networks, and reached out by the ruling Islamist party (AKP) on womens
millions of people. rights. The party, which promotes a conservative
view of womens role in society, has challenged
Submission of alternative reports to the United the principle of equality between men and women,
N a ti o n s C o m m i t te e o n t h e E li m i n a ti o n of violated sexual and reproductive rights and attacked
Discrimination against Women (CEDAW Committee): feminists. Its leaders have attempted to dictate
In 2016, FIDH was asked by its member organisations how women should behave in public, how many
in Mali, France and Turkey to submit joint alternative children they should have, how they should give
reports with the CEDAW Committee for its reports birth and even which career they should choose.
on these countries in July. According to one Turkish activist, no other Turkish
government has ever taken such a radical stance
In the case of Mali, FIDH and a coalition of Malian against women. The Committee recognised the
organisations (the Association of Malian Jurists existence of the current governments attacks on
(AJM), the Association Malienne des Droits de womens rights and the discourse of the authorities,
lHomme (AMDH), the Association DEMESO, which continues to spread sexist stereotypes. It
Femmes & Droits Humains (F&DH), the Groupe has called upon authorities to adopt a strategy for
Pivot Droit et Citoyennet des Femmes (GPCDF), eliminating patriarchal attitudes and discriminatory
Women in Law and Development in Africa (WILDAF) stereotypes of women.
and MUSONET) alerted the CEDAW Committee to
the legal, social, cultural and religious obstacles to FIDH has also supported its member organisation,
non-discrimination, the lack of equality in family the Anti-Discrimination Centre (ADC) Memorial, in
law, the lack of access to justice, education, sexual submitting alternative reports to the Committee
and reproductive rights, inequality in terms of on the situation of womens rights in Armenia and
employment and access to property, womens Belarus, and more specifically on employment-based
limited participation in public and political life, and discrimination, as well as demanding the abolition
violence against women. The Committee echoed of the lists of professions from which women are
these concerns by issuing recommendations to barred, a vestige of the Soviet era. The CEDAW
the Malian authorities on the religious obstacles Committee has echoed this recommendation.
to non-discrimination, marital rape and female
genital mutilation.

32 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 33


PRIORITY 2

PROMOTING AND PROTECTING


WOMENS RIGHTS

OBJECTIVE 2 - TO PROMOTE WOMENS ACCESS


TO JUSTICE

Support for victims of sexual violence in national and


international proceedings: For several years FIDH
has supported victims of sexual violence in national
legal proceedings in Guinea, Mali, Cte dIvoire,
helping to enable the victims of these crimes often
forgotten in conflicts and crises to access justice.
This legal, material and psychological support has
led to major judiciary progress in favour of victims
rights and the fight against impunity for perpetrators
of sexual violence (see Priority 6).

International or internationalised jurisdictions


can also promote access to justice for victims of
sexual violence. Since 2002, FIDH and its member
organisations in the Central African Republic have
documented the sex crimes committed by the troops
of Jean-Pierre Bemba, and has managed to influence
the opening of an inquiry by the International Criminal
Court (ICC), most specifically into the acts of sexual
violence perpetrated by the Banyamulengus. In
March 2016, the ICC recognised Jean-Pierre Bembas
culpability, as direct commander, for acts of sexual
violence, murder and looting, constituting war crimes Protest of supporters of the Committee for the Defense of Democracy (KOD) against the conservative government, Wroclaw, Poland
and crimes against humanity. He was sentenced Janek Skarzynski/AFP

to 18 years in prison in June 2016 the ICCs first


conviction for crimes of sexual violence. In 2017,

FIDH and its member organisations are turning their members and representatives of civil society. This under-use of potential in the fight against sexual
attention to ensuring victims wishes are taken into research has also identified improvement measures violence, FIDH and its member organisation in
account when it comes to reparations. for both the Courts external and institutional action. South Africa, Lawyers for Human Rights (LHR) have
The project culminated in a strategic meeting of decided to produce a manual on regional strategic
In recent years, the ICC has succeeded in improving some forty experts from around the world, where litigation in cases of sexual violence, with a view to
access to justice for victims of sexual and gender- they voiced their concerns and suggestions on this boosting the referrals to these mechanisms. They
based violence. That said, the Court has also made issue. The results of this research will be published have also formed a group of lawyers from several
several failings in this area, and significant progress in 2017. African countries, tasked with identifying cases
is still required today. In order to reinforce the ICCs and writing up complaints. This group met for the
strategy on gender, FIDH has decided to document Referral to regional mechanisms to combat sexual first time in November 2016, in Kampala, and other
the obstacles that have, and continue to, prevent violence: Convinced that the African Commission on strategic meetings are planned for 2017. The guide
victims of sex crimes from accessing the Court. FIDH Human and Peoples Rights (ACHPR) and the African will be published in 2017.
has interviewed several dozen experts, ICC staff Court on Human and Peoples Rights represent an
34 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 35
Mobilisation of states to combat sexual violence:

PRIORITY 2
with its specific action focussed on access to justice
for victims of sex crimes, FIDH has documented
the factors that contribute to the perpetration of
such acts, as well as the obstacles that stop those
responsible from being convicted and reparations
from being made. Although there are many
instruments prohibiting sexual violence, both on
PROMOTING AND PROTECTING an international and regional level, respect for them
in national law and in practice often leaves much
WOMENS RIGHTS to be desired. FIDH and its member organisations
therefore thought it necessary to develop a tool
listing measures for African states to adopt in
order to effectively combat this scourge, which
continues to devastate the continent. Throughout
2016, FIDH, LHR and the ACHPR developed
Guidelines for Combating Sexual Violence and
its Consequences in Africa. This tool, aimed at
fighting the sexual violence perpetrated against
both men and women, in peacetime or conflict,
recommends the adoption of several measures
for prevention, inquiry, prosecution, reparation and
even gender-based budgeting, and was developed
in consultation with experts and representatives
from civil society. This important initiative was also supported by prominent figures such as Zainab
Bangura, then United Nations Special Representative
of the Secretary General on Sexual Violence in
Conflict, Rashida Manjoo, ex-United Nations Special
Rapporteur on Violence against Women, its Causes
and Consequences, Bineta Diop, Special Envoy
on Women, Peace and Security, and Dr Mukwege,
gynaecologist and founder of Panzi hospital in
Bukavu (DRC).

In addition to this initiative, in 2016 FIDH closely


followed the adoption process of the national law
on violence against women in Tunisia. FIDH and
its member organisation, the Tunisian Democratic
Womens Association (ATFD), developed 100
measures to help guide the Tunisian government
in combatting violence against women. FIDH and
ATFD have continued to call upon the authorities
to ensure that the law guarantees the protection of
victims of all forms of violence.

25 November, International Day for the Elimination


of Violence against Women: To mark this day,
FIDH wanted to illustrate the different forms of
sexual violence that plague the African continent:
its consequences, the obstacles victims face in
accessing justice, and the action of various players
involved on a regional level in fighting this violence
through a graphic novel (comic book) produced by
illustrators Serge Bloch and Sheina Szlamka. This
awareness-raising tool was very well received by
the media and the public.

36 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 37


PRIORITY 2

PROMOTING AND PROTECTING


WOMENS RIGHTS
OB JEC TI V E 3 - TO PROTEC T SE X UA L A ND
REPRODUCTIVE RIGHTS

Alarmed by the limits placed by some European


States on the right to abortion, as well as by
regressive attempts led by certain political parties
and religious groups, FIDH decided to produce
an overview of the situation in Northern Ireland,
Poland and Italy, where the conscientious objection
of doctors highly restricts womens access to
terminations. To mark 8 March, FIDH along with
organisations such as Amnesty International, Family
Planning and Mdecins du Monde spoke out strongly
in favour of the right to choose, and denounced the
patriarchal policies that hinder womens access to
abortion, thus confining them to the private sphere.

After Polish members of parliament adopted at first


reading a reform bill introducing a near-total ban
on abortion, FIDH and its member organisation,
the Polish Society of Anti-Discrimination Law
(PSAL), continued to mobilise against this bill. The
mass-protests of Polish women, and especially the
womens Black Monday strike in October followed
throughout Europe finally forced parliament to into the consequences of the total ban on abortion
reject the bill. Given these alarming developments, in Chile and the reform bill pushed by President
Protest against planned ban on abortion, Poland
FIDH and PSAL are planning an inquiry into the Michelle Bachelet, which was eventually adopted Wiktor Dabkowski/DPA
situation of sexual and reproductive rights in Poland in August 2017. Preliminary findings of the inquiry
in 2017. have revealed that the ban on abortion has serious In Africa, access to abortion is also severely Committee and the Code of Medical Ethics in order
consequences on the health and life of women and restricted, both in law and in practice. In 2016, to decriminalise abortion in all circumstances, in
girls, especially when they do not have sufficient FIDH and its member and partner organisations the interest of pregnant teenagers. Following the
Given the mass-violations of sexual and reproductive resources or adequate information for accessing in Senegal continued their advocacy in favour of publication of FIDHs report on the situation in
rights in Latin America, FIDH and its member risk-free abortion. Indigenous and the poorest reforming legislation on abortion. After alerting Senegal in late 2014, the Third Expert Committee
organisations in the region felt it necessary to women are also especially vulnerable to the risk the authorities who had committed to reforming of the United Nations recommended that Senegal
document the limits women face in accessing of criminal prosecution. Therefore, although a the law quickly, FIDH sent its conclusions on the reform its legislation on abortion, preceded by the
abortion, in order to support their lobbying for reform seeking to introduce exceptions to the ban tragic consequences of prohibiting abortion, as well CEDAW Committee and the Working Group on the
progressive reforms. In early January 2017, FIDH, its on abortion is needed, the one proposed falls short of as its recommendations particularly the urgent issue of discrimination against women in law and
member organisation the Observatorio Ciudadano, the recommendations published by different bodies adoption of the reform pushed by the Task Force in practice.
and its partner organisation specialised in defending of the United Nations and the Inter-American Court for medical abortion to several United Nations
womens rights, Humanas, carried out an inquiry of Human Rights. In this respect, FIDH, its members bodies. In April 2016, the Committee of Experts Finally, in August 2016, FIDH held its 36th Congress
and partners have pointed out that the original bill on the Rights and Welfare of the Child announced in Johannesburg (South Africa). While the defence of
was seriously undermined by conservative and its concern about the criminalisation of abortion sexual and reproductive rights, especially the right
religious forces, who influenced the introduction of and the fact that this procedure is only authorised to abortion, is still taboo in several countries and
restrictions that limit womens access to abortion. in restrictive conditions, obliging girls to undergo few members of FIDH are involved in the matter, at
This sabotage led to a loss of support within feminist backstreet abortions that endanger their lives. The the end of the Congress the 184 members of FIDH
organisations and those that defend the rights Committee of Experts therefore recommended adopted a strong resolution on this issue.
of Chilean women. The inquiry report is set to be that the Senegalese authorities amend the Penal
published in 2017.
38 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 39
3/ EXAMPLES OF OUTCOMES

FIDH and its member organisations have enabled


or contributed to:

PRIORITY 2 The issuing of recommendations by the CEDAW


Committee to the Malian authorities on the The conviction of Jean-Pierre Bemba by the
religious obstacles to non-discrimination, marital International Criminal Court for acts of sexual
rape and female genital mutilation, in line with the violence constituting war crimes and crimes against
shared concerns of FIDH and a coalition of Malian humanity. FIDH and its member organisation, the
organisations. LCDH carried out numerous inquiries in CAR into
PROMOTING AND PROTECTING the crimes committed in the country in 2002/2003,
The CEDAW Commit tees adoption of final including by Bembas troops. In particular, FIDH
WOMENS RIGHTS observations sent to the French authorities that and the LCDH gathered numerous testimonies
echo the concerns and recommendations of FIDH from victims of sexual violence. Their reports were
and its member organisation, particularly on the submitted to the ICC along with a request that it open
situation of migrant women, access to sexual and an inquiry. Elements of these reports were used by
reproductive health services in overseas territories, the chief prosecutor during his inquiry, as well as
and employment and pay inequalities. being included in the verdict delivered in 2016 by the
ICC. Bembas conviction by the ICC meant that, for
The CEDAW Committees acknowledgement of the the first time, the victims of sexual violence in the
existence of attacks by the Turkish government country could have justice and seek reparations.
o n wo me ns r i g h ts a n d th e p u b li c a ti o n of
recommendations for eliminating patriarchal The development of a manual to boost strategic
attitudes and discriminatory stereotypes, in line litigation in cases of sexual violence before the
with the advocacy led by FIDH and its member African Commission on Human and Peoples Rights
organisation in the country. and the African Court, and the formation of a group
of lawyers tasked with leading this litigation.
The awareness-raising of several million people
of womens rights violations around the world and The documentation of obstacles that the victims of
the sexual violence in Africa, through the massive sexual violence face in accessing the International
scope of communication tools. Criminal Court and the development of improvement
measures for the Courts internal and external
strategy on gender.
THE ADOPTION OF
The development of 100 measures to help the
THE GUIDELINES Tunisian authorities combat violence against
women. During discussions about the complete bill
FOR COMBATING on violence against women, FIDH and its member
and partner organisations in Tunisia were also
SEXUAL VIOLENCE AND ITS consulted on several occasions on its various
provisions.
CONSEQUENCES IN AFRICA
Hafidha Chekir, FIDH Vice President: Throughout The Polish parliaments rejection of a bill for a total
2016, FIDH and its member organisation in South ban on abortion.
Africa, Lawyers for Human Rights, worked with the
African Commission on Human and Peoples Rights The documentation of the consequences of the total
(ACHPR) to write the Guidelines for Combating Sexual ban on abortion in Chile and the positioning of the
Violence and its Consequences in Africa. This project, different parties as to the status of the reform bill
which received wide-scale support, both from eminent adopted in mid 2017.
experts in the African Union and the United Nations
and from civil society, was adopted by the ACHPR at The publishing of recommendations in favour of
the April 2017 session. decriminalising abortion in Senegal by the United
Nations Committee on the Rights and Welfare of
the Child.

The adoption, by the 184 member organisations of


FIDH and the vast majority of general human rights
defence organisations, of a resolution advocating
womens access to their sexual and reproductive
rights without any restrictions.
Protest outside Nigeria House, London, England.
Dan Kitwood/GETTY IMAGES/AFP

40 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 41


PRIORITY 3

PROMOTING AND PROTECTING


MIGRANTS RIGHTS
1/ CONTEXT AND CHALLENGES

In 2016, FIDH renewed its commitment to working


alongside migrants to defend their rights to mobility
and to dignified living and working conditions.
This year, at least 1 million people worldwide were
officially deprived of their freedom simply because
of their undocumented status. Moreover, the number
of migrant deaths at borders since 1996 has now
sadly risen to more than 60,000, including the
unidentified remains of 15,000 people within the
European Union (EU).

The majority of governments have continued


to close their borders and to increase laws and
international agreements limiting migrants rights,
despite the deadly consequences of such policies.
They have also continued to expel migrants back to
their countries of origin, including areas in severe
crisis, such as Afghanistan for example. As part
of its on-going policy of externalising migration
controls, the EU has consolidated its policy of good
neighbourliness towards both Libya and Turkey.
The publication of a joint statement with Turkey
and the closure of Greeces Balkan borders have
transformed the islands in the Aegean Sea into
open-air prisons. Like the boat people trapped on
the islands of Manus and Nauru near Australia,
several victims of the offshore processing of those Amoria Refugee Camp, Lesbos, Greece
Yhan Mehmet/ANADOLU AGENCY
arriving on Greek shores have filed complaints,
and these are still being processed by the courts.
In addition to a huge upsurge in the numbers of
enforced disappearances among migrants, Mexico
has become increasingly militarised, with the United
States army due to be deployed on the border with
Guatemala in 2017. In Asia, Pakistan has embarked
on mass deportations of refugees to Afghanistan.
At the same time, States continue to pay scant This background of repression also applies to the One glimmer of hope emerges from this lawless those covered by the Union of South American
attention to highly vulnerable groups of exiles such world of work and makes migrants more vulnerable situation: in September 2016 the UN Member States Nations (UNASUR), the African Union (AU) and the
as the Rohingya or North Korean people. to exploitation of their labour and/or infringement adopted a Declaration for Refugees and Migrants to Association of Southeast Asian Nations (ASEAN).
of their rights. Exploitative practices are deployed protect the fundamental rights of all such people, It is notable that in the case of the AU and ASEAN,
by criminal groups as well as recruitment agencies followed by two global compacts, one on migration those benefiting most from these measures are
and multinational companies, sometimes with the and the other on asylum. often the best-qualified or wealthiest people.
acquiescence of public bodies. This distinction will not necessarily facilitate equal
The portability of rights remains the exception and treatment for all migrants.
not the rule. In some sectors, such as domestic
work, there is evidence of particularly degrading In addition, processes were introduced to facilitate
treatment of women migrants. intra-regional movement in certain areas such as
42 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 43
PRIORITY 3
2 / FID H A N D I T S M E M BE R A N D PA RT N E R
ORGANISATIONS IN ACTION

OBJECTIVE 1 - TO STRENGTHEN POLICIES AND


NATIONAL L AWS FOR THE PROTECTION OF
MIGRANTS RIGHTS

PROMOTING AND PROTECTING Warnings, investigative reports and communication campaigns circulated by FIDH
85 press releases in EN/FR/AR/ESP/RU/IT/PO/FARSI
MIGRANTS RIGHTS
Central Asia: Central Asia: the ordeal of migrant workers and their families, report published
in September 2016 FR/EN/RU

Central Asia: Central Asia: the ordeal of migrant workers and their families, infographic
published in September 2016 FR/EN/RU

Kyrgyzstan: Women and children from Kyrgyzstan affected by migration, report published
in September 2016 FR/EN/RU

European Union: One-day fake news communication campaign on conditions for receiving refugees on 18
December 2016

European Union/Mediterranean: Document circulated in November 2016 to raise awareness of the boat
people who had died and disappeared at sea entitled La Mditerrane, une mer devenue frontire (The
Mediterranean: a new border), in coordination with Boats 4 People

European Union/Turkey: communication campaign condemning and making clear the effects of the EU/
Turkey agreement on migrants rights

European Union: communication campaign on the European Unions list of so-called safe countries,
condemning deportations to Turkey, Montenegro, Morocco, Algeria and Tunisia

Migrants sometimes find themselves in precarious


situations without a resident or work permit,
exploited by their employer, ostracised by local
populations, etc. which makes them particularly
vulnerable. Consequently, they are often not in a
position to exercise their rights and remain virtually
or wholly invisible. It is therefore particularly crucial
to investigate and publicly condemn violations of
their rights. In accordance with the organisations
multiyear action plan, FIDH, along with its member
organisations, has documented these violations
in migrants departure, transit and destination
countries, and has brought its findings and
recommendations to the attention of national and
international bodies. In 2016, this action focused
principally on Kazakhstan, Kyrgyzstan, Tajikistan,
Russia, Greece and the European Union.

Families flee their villages, region of Qayyarah


Sebastian Backhaus/NURPHOTO

44 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 45


OBJECTIVE 2 - TO STRENGTHEN THE

PRIORITY 3
ACCOUNTABILITY OF THOSE VIOLATING MIGRANTS
HUMAN RIGHTS

THE SE ARCH FOR PROOF AND PREPARING


LITIGATION STRATEGIES
As regards the situation in Greece, FIDH remains
extremely committed to establishing where the
PROMOTING AND PROTECTING hotspots are in that country. In partnership with
the Hellenic League for Human Rights (HLHR),
MIGRANTS RIGHTS FIDH has gathered information in the field and
has identified cases currently being processed
by the Greek judicial system. The malleability and
complexity of the system for processing asylum
TRAINING AND ADVOCATE FOR THE PROTECTION OF MIGRANTS claims since the appearance of EASO, as well as
R I G H T S AT N AT I O N A L , R E G I O N A L A N D the returns to Turkey organised by the European
CAPACITY-BUILDING TO INTERNATIONAL LEVEL agency Frontex, make litigation a more complex
Following an investigation into the situation in undertaking. Nevertheless, FIDH is preparing a
DOCUMENT MIGRANTS Kazakhstan and Kyrgyzstan conducted by FIDH and regional litigation strategy for 2017, notably following
its partners, two reports published in 2016 provided on from the cases presented to the European Court
RIGHTS IN KYRGYZSTAN supportive material for two advocacy missions of Human Rights and the European Union Court
in the same countries. During these missions, a of Justice, to bring to an end the administrations disembarking. 63 people, including 20 women and 3
AND KAZAKHSTAN communal line of argument was presented to the decisions and actions that are contrary to the rights children, lost their lives in the absence of any rescue
authorities and defended. and interests of migrants trapped in Greece. mission. In order to establish the responsibility of
For several years FIDH has been investigating the the armed forces present in the area at the time
situation of migrants in Central Asia. In 2016, FIDH continued to condemn the policy Examples of litigation these dramatic events occurred, FIDH, GISTI (Groupe
pursued by the EU and its Member States of dinformations et de soutien des immigr.e.s), the
FIDH produced a detailed mapping of non - securing and militarising the borders, as being in Legal or quasi-legal proceedings instigated and French and Belgian human rights leagues and
governmental players likely to act in support of part responsible for the deaths in the Mediterranean. overseen by FIDH: Migreurop put together a group of lawyers working
migrants rights in the region, and then concluded FIDH pursued its advocacy in favour of a European Before French, Spanish and Belgian courts: case on the case of the left-to-die boat. The lawyers
partnerships with organisations in Kazakhstan and migration policy that respected migrants rights. of the left-to-die boat instigated legal proceedings, often in the name of
Kyrgyzstan. The aim was to work more closely with Following the EU-Turkey agreement, FIDH kept up Before the UN Special Rapporteur on the Human the survivors, in Italy, France, Belgium and Spain
those on the ground and to build the capacities its condemnation of the unacceptable response by Rights of Migrants : communication on the migration between 2012 and 2014. Requests for information
of the organisations on this issue. This initiative European States increase in the Frontex budget, policy of the EU and Member States were also submitted to the United Kingdom, United
proved fruitful in several respects, particularly strengthening of police cooperation, inadequate States and Canada to secure details of the actions
as regards the ability to gather information via action on the part of the European Asylum Support In March 2011, while some States were patrolling of the naval forces from these three countries in the
interviews with migrants and to raise the target Office (EASO), violence and undignified living the Mediterranean as part of the NATO operation Mediterranean at the time of the alleged events. By
organisations awareness of violations of specific conditions in the camps, etc. FIDH also persistently against the Gaddafi regime, 72 migrants who were launching such proceedings at a national level, FIDH
migrants rights denial of access to education, directed its advocacy at European entities and the fleeing Libya on board a makeshift boat were left and its partners are showing that the sea is not a
denial of healthcare, denial of access to justice, Council of Europe in particular, in support of legal adrift. Distress signals were sent to the Italian lawless place and that these crimes cannot go on
failure to apply employment law, etc. Civil society and safe migration routes being opened up, so that coastguard, to NATO and to all ships present in the unpunished. Should the complaints be rejected at
players were thus able to refine their demands on migrants and refugees in particular could reach area. Helicopters and a military vessel saw the craft national level, legal remedy will be sought before
this issue and to prepare work with migrants, all European soil without risking their lives. but did not come to the aid of its passengers. Two the European Court of Human Rights. In 2016, FIDH
with the support of FIDH. weeks later, the boat was washed up on the Libyan and GISTI brought together the lawyers working
coast with 11 survivors, 2 of whom died shortly after on the complaints in each of the countries, Father
Zerai (an Eritrean priest who provides support to
Training sessions, workshops and activities migrants in distress), representatives from not-
conducted with local partners in Central Asia for-profit organisations, independent experts and
led to two joint investigations in Kyrgyzstan and students to review the current position regarding
Kazakhstan. These fact-finding missions resulted in legal proceedings underway and to explore various
the publication of two reports, one on the situation avenues for litigation at international level.
of migrant workers without status or rights in
Kazakhstan and the other on Kyrgyz migrant women
and children.

46 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 47


PRIORITY 3

PROMOTING AND PROTECTING


MIGRANTS RIGHTS
3/ EXAMPLES OF OUTCOMES

FIDH and its member organisations enabled or


contributed to:

The adoption in March by the United Nations


Committee on Economic, Social and Cultural Rights
of relevant recommendations concerning migrant
workers and directed at the Tajik authorities, taking
up the concerns and recommendations of FIDH
and its partners.

Increased public awareness of the non-effectiveness


and irregularities of the EU/Turkey statement, and
condemnation of its damaging impact on human
rights.

Documentation of violations of human rights in


camps and hotspots in Greece and the preparation
of potential litigation to tackle the serious situation
of migrants in the Aegean Sea.

Heightened public and media opinion over the denial


of justice in the case of the left-to-die boat and the
need to identify the State responsible, whose naval
forces were in contact with the boats occupants
but failed to rescue them.

Heightened public opinion over the role of Frontex,


the impact of its actions on human rights and the
dangers of strengthening the agencys hand.
Refugees stand behind a fence at the Hungarian border with Serbia near the town of Horgos
Armend Nimani/AFP

TOLEK AN ISMAILOVA , VICE- and exchanges of experience. Two investigative mobilisation has resulted in a woman being appointed to
PRESIDENT OF FIDH : reports were produced on the basis of information the Kyrgyz consulate in Russia to monitor the problems
The attention paid by FIDH to the from the CSOs and from specific missions to gather encountered by women migrants. In addition, the
situation of Kyrgyzstan and Kazakhstan migrants has testimony. These established that migrants rights consular staff has been increased to respond more
already had a positive effect. FIDH took a chance and were being violated and set out recommendations effectively to the employment expectations of the
initiated constructive dialogue with the authorities in for protecting these rights. On the basis of this, FIDH migrant population. The Kazak authorities have yet to
these countries to try to improve the circumstances continued to support the Kyrgyz and Kazak CSOs in respond to our demands, but the subject of migrants
of these vulnerable populations. In the process, FIDH order to establish an advocacy strategy aimed at their rights is currently on the agenda of government decision-
brought together organisations from Kyrgyz and Kazak respective governments. FIDH facilitated meetings makers. Lastly, civil society organisations continue to
civil society working on this issue and began work to between civil society and government representatives, document violations of migrants rights and to lobby
build their documenting capacity through training enabling open dialogue on the issue of migrants. Our their governments for better protection of migrants.

48 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 49


PRIORITY 4
PROMOTING THE ADMINISTRATION
OF JUSTICE AND FIGHT AGAINST
IMPUNIT Y
1/ CONTEXT AND CHALLENGES

THE RIGHT TO EFFECTIVE REDRESS FOR VICTIMS


OF INTERNATIONAL CRIMES
Combating impunity for serious violations of
international human rights and international crimes
by placing victims at the centre of this struggle is
essential for the prevention of crimes, consolidation
of the rule of law, reconciliation, and for the realisation
of peace. The ability of victims to activate national
justice tools in the country where the crimes have
been committed is a priority but too often it proves
impossible for victims to have access to national
courts. Consequently, the activation of other extra-
national, regional or international mechanisms has
to be explored.

Significant judicial advances have been made in


national courts in 2016 where international crimes
were concerned. These advances were accompanied,
however, by significant setbacks as well.

In Mali, for example, the commencement of the trial


of former coup leader Amadou Haya Sanogo, as well
as the progress made in other cases involving crimes
committed during the occupation of the North,
reinforced the hope of victims supported by FIDH
and AMDH, its member organisation in Mali, to see
their quest for justice result in a favourable outcome
before the national justice system. Nevertheless,
many difficulties, related specifically to the security Trial of former Chadian president Hissene Habre in Dakar, Senegal
Cemil Oksuz/ANADOLU AGENCY
situation of the country, were still observed. Activating the extra-territorial jurisdiction of national
courts (which allows them to prosecute perpetrators
of crimes committed abroad, including cases where Hybrid courts and tribunals, applying laws inspired of mixed jurisdictions in South Sudan, the DRC,
suspects and victims are foreign) remains an by both domestic and international law and equipped and Sri Lanka, where there is total impunity for
indispensable tool for victims who are confronted with both national and international personnel, international crimes committed.
with impunity, as affirmed by recent cases opened experienced new developments in 2016. In Senegal,
or complaints filed in Europe relating to the crimes the Extraordinary African Chambers within the In 2016, the International Criminal Court (ICC)
committed by the Syrian regime. In this regard, the Senegalese court system opened the trial of the continued its investigations and prosecutions
strengthening of (a) specialised national units for former Chadian President Hissene Habre for crimes in nine situations in Africa (Uganda, DRC, CAR,
the prosecution of international crimes, and of (b) against humanity, war crimes, and torture committed Kenya, Sudan, Libya, Ivory Coast, and Mali) and
the European Network of contact points in respect during his presidency between 1982 and 1990. opened an investigation into the crimes committed
of persons responsible for genocide, crimes against Following a robust mobilisation of civil society, in Georgia during the 2008 conflict with Russia. The
humanity and war crimes, for the purpose of enabling the Special Criminal Court was also created in ICC also opened two major trials: against former
the development of these procedures form, in itself, the Central African Republic. In order to become Ivory Coast President Laurent Gbagbo and former
a major challenge, all with a view toward building fully operational, it must now be given all means Minister Charles Bl Goud; and against Dominic
up the capacity of national courts to prosecute necessary to fulfill its mandate. Civil society has also Ongwen, former head of the Lords Resistance Army
international crimes. come forward in force to support the establishment in Uganda, including numerous charges of sexual
50 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 51
PRIORITY 4 violence, and including for the first time crimes of
forced marriage and forced pregnancy. The ICC
issued a historic judgment against Jean-Pierre
PROMOTING THE ADMINISTRATION Bemba, the first suspect convicted taking into
account hierarchical superiority, and for charges
OF JUSTICE AND FIGHT AGAINST of rape. The ICC also sentenced Ahmad Al Faqi Al
Mahdi, Abu Tourab, the first accused to plead guilty,
IMPUNIT Y to 9 years of imprisonment for the 2012 destruction
of cultural and religious sites in Timbuktu. The ICC
had to drop the charges against the Kenyan vice
president William Ruto and Joseph Sang, thereby
ending all proceedings relating to the crimes of the THE ADMINISTRATION OF EFFECTIVE AND
post-election crisis in Kenya. EQUITABLE JUSTICE

The Office of the Prosecutor continued its preliminary ABOLISHING THE DEATH PENALTY
examination into a number of situations including In 2016, Benin and Nauru abolished the death
Palestine, Ukraine, Colombia, and Afghanistan, penalty, bringing the abolitionist states in law or
while announcing a preliminary examination into practice to 141. Most executions took place during
the situation in Burundi. this year in (in this order): China, Iran, Saudi Arabia,
Iraq, and Pakistan.
The failure of States to cooperate with the ICC along Asia continued to be a largely retentionist continent.
with the constraints on its resources have remained While there appear to have been fewer executions,
major obstacles to the ICCs work. Only days prior at least those for which information has been
to the opening of the 15th Session of the Assembly made public (mainly due to the fact that those
of States Parties, South Africa, The Gambia, and in Pakistan decreased), death sentences have
Burundi announced their withdrawal from the ICC increased dramatically, notably in Bangladesh, India,
statute (the latter two have since reversed their Indonesia, Pakistan, and Thailand. The Maldives
decision). In addition, legal aid for victims continues and the Philippines embarked on a path towards
to be a major issue for their participation. Litigation the reinstatement of the death penalty. Similarly, in
related to reparations also came up frequently Africa executions decreased, but death sentences
before the ICC. have increased by 145%, mainly because of the
practice in Nigeria, where half of the declarations
Finally, highlighting the responsibility of States of innocence in the world have been made.
in committing international crimes will continue The last European country to practice the death
to be an essential recourse for victims, especially penalty, Belarus, has to a great extent reinstated
when impunity prevails at the national level, making executions, always in the utmost secrecy.
it impossible to establish individual criminal In the Middle East, Saudi Arabia has continued
responsibility. The organs of international and to execute a large number of people (154), a total
regional judicial and quasi-judicial treaties have a close to that of the previous year (158), the highest
role to play in this regard. number of executions since 1995.
The mobilisation of abolitionist civil society has
once again been the driving force behind advances
at the national, regional and international levels in
favour of abolition.

FIGHTING TERRORISM WHILE RESPECTING


HUMAN RIGHTS
A nother major challenge for human rights
A shell casing lies inside a destroyed building in the South Ossetia town Tskhinvali organisations in 2016 was the mobilisation for
Viktor Drachev/AFP
the respect of human rights in the fight against
terrorism. Many States have continued to use the
pretext of the fight against terrorism to silence
any opposition and criticism while others have
substantially eroded fundamental freedoms and
weakened justice in the context of a protracted
state of emergency.

52 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 53


PRIORITY 4
PROMOTING THE ADMINISTRATION
OF JUSTICE AND FIGHT AGAINST
IMPUNIT Y
2 / FID H A N D I T S M E M BE R A N D PA RT N E R
ORGANISATIONS IN ACTION

OB JEC TI V E 1 REINFORCING T HE RIGH T


T O E F F E C T I V E R E M E DY FO R V I C T I M S O F
INTERNATIONAL CRIME

Legal activities

FIDH LITIGATION
ACTIVITIES
FIDH intervened in 79 judicial and quasi-judicial FIDH strategic litigation activities are implemented in
proceedings in support of nearly 1200 victims large part through the FIDH Litigation Action Group
in order to establish the responsibility of the (LAG). The LAG is a global network of practising
perpetrators of serious human rights violations lawyers, magistrates and legal experts working
committed in 40 national situations. While a large on a pro bono basis in support of victims of grave
majority of cases involved the establishment of human rights violations. The LAG has approximately
individual criminal responsibility, mainly before 90 members active in current proceedings, the
national, international and internationalised courts, majority from FIDH member organisations. The LAG
FIDH was increasingly involved in State responsibility is coordinated by FIDH Honorary President Patrick
proceedings before regional or UN bodies, or further, Baudouin and Clmence Bectarte, both lawyers.
corporate responsibility. The team was recently reinforced by the addition
FIDHs interventions are carried out in close of Anjali Sualy, a British lawyer. The LAG acts under
consultation with its me mbe r and par tne r the responsibility of the FIDH Board and, ultimately,
organisations. They deal with symbolic cases, either the FIDH President.
by the extent of the violations, their legal status,
or the quality of the victims or perpetrators, with
a view to responding not only to the victims right According to FIDH and AMDH investigations, during
to justice, but also to the objectives of deterrence,
OPENING OF THE the night of 2 May 2012, 21 soldiers of the berets Awaiting the deci-
sion of the Court of
reconciliation, and consolidation of the rule of law. rouges were taken out of their cells and transported Appeal of Paris on
The choice of judicial or quasi-judicial bodies before
TRIAL OF AMADOU in military trucks towards Diago, a town close to Kati, the Sandoval case,
in Buenos Aires
which cases are presented also meets admissibility which was the headquarters of coup leader Amadou Daniel Garcia/

HAYA SANOGO IN
ANADOLU AGENCY
criteria and conforms to the legal and political scope ESTABLISHING RESPONSIBILITY BEFORE NATIONAL Haya Sanogo, about 20 kilometers from Bamako. The
of the cases thus identified. COURTS trial for kidnapping was conducted by a judge of

MALI
In order to support the fight against impunity the Bamako District Court. On November 28, 2013,
and contribute to the advancement of national FIDH and AMDH joined as civil parties alongside 23
justice, FIDH, through its Judicial Action Group relatives and relatives of missing persons. Between
(GAJ), a network of lawyers, magistrates, and jurists FIDH and AMDH are civil parties and accompany 23 27 November 2013 and February 2014, 27 persons,
working on a pro bono basis, came together in families and relatives of victims in the case of the including Amadou Haya Sanogo, were charged, and
2016 to accompany several hundreds of victims disappeared berets rouges. They were present on 30 some were taken into custody. The investigation was
of the most serious crimes before national justice November 2016 at the opening of the trial of Amadou completed in 2015 after the completion of forensic
systems in Ivory Coast, Guinea-Conakry, Mali, and Haya Sanogo and 17 co-defendants, including analysis and conclusive DNA testing. The trial was
CAR, and support the ongoing proceedings against several high-ranking members of the Malian army, eventually postponed on procedural grounds, and
those responsible of the Duvalier regime in Haiti who were tried for kidnapping, assassination, and FIDH and AMDH continue to mobilise for an early
(see Priority 6). complicity. resumption of the trial in 2017.

54 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 55


PRIORITY 4
PROMOTING THE ADMINISTRATION
OF JUSTICE AND FIGHT AGAINST
IMPUNIT Y

FIDH has also pursued its judicial work in order FIDH also intervened strongly in the case of Mario
to advance the national trials initiated under the Alfredo Sandoval, a Franco-Argentine citizen
extraterritorial jurisdiction in which it is involved, present in France and wanted in Argentina as part
that often represents the sole recourse for victims of the investigation for crimes against humanity, for
of international crimes left without access to justice deprivation of liberty and for torture until death within
in their own country. the Institute of Higher Learning in Marine Mechanics
(ESMA), a clandestine detention centre in Buenos
FIDH also continued its involvement in the trial the appeal proceedings of Pascal Simbikangwa, Aires where 5,000 detainees disappeared during
that opened in France for war crimes following the sentenced in first instance in 2014 by the Assize the dictatorship. FIDH denounced the refusal of the
murder of the French journalist, Remi Ochlik, and Court of Paris to 25 years of imprisonment for Court of Cassation to extradite Sandoval to Argentina.

A JUDICIAL
the assassination attempt on the French journalist, genocide and complicity in crimes against humanity FIDH will follow this case now referred to the Trial
Edith Bouvier, who, with other journalists, were in Rwanda. This appeal resulted in the confirmation Chamber of the Court of Appeals of Versailles, where

INVESTIGATION
covering the shelling of the Baba Amr neighborhood of the Assize courts decision. In addition, FIDH and the request for extradition submitted by Argentina
in Homs by the Syrian army on 22 February 2012. LDH mobilised for the trial of Octavien Ngenzi and will be re-examined.

OPENED IN
Thanks to FIDH having joined the case as a civil Tito Baharira, which took place from 9 May to 1 July
party, the facts were reclassified in October 2014 as 2016 before the Assize Court in Paris and led to the Reinforcing its action related to the establishment of

FRANCE FOR
war crimes and the proceedings transferred to the conviction to life in prison of two former mayors of corporate legal responsibility, FIDH continued its work
Crimes Against Humanity, Crimes and Offenses of the commune of Kabarondo. in supporting Libyan civil party victims in the case

CRIMES AGAINST
War Division of the Supreme Court of Paris. against Amesys for complicity in torture. Following
In the case of the Relizane militia against the the complaint filed in November 2011 by FIDH and

HUMANITY IN
FIDH continued its support for the families of the Mohamed brothers (Algeria), the French Court of LDH, this French company and its management are
Congolese defenders Chebeya and Bazana who Cassation confirmed the closure of the file, leaving accused of having sold surveillance equipment to the

SYRIA
were murdered in June 2010 in the Democratic the victims without recourse. As a reminder, on dictatorial regime of Muammar Khadafi, which was
Republic of the Congo in their quest for justice. On 26 December 2014, the investigating judge of the used for better targeting opponents of the regime. In
2 June 2014, FIDH and the families of the victims Criminal Court of Nimes (France), finally indicted 2016, FIDH published an updated report on the case On 24 October 2016, FIDH and LDH, together with
filed a complaint with the Senegalese authorieties the Mohamed brothers which culminated more and the ongoing investigation calling on the judicial Mr. Obeida Dabbagh, addressed the prosecutors
as civil parties against Paul Mwilambwe, one of the than ten years of proceedings in order to establish authorities to speed up the investigation and produce office of the department within the Supreme Court of
policemen accused of the murders, who was present responsibility for the crimes committed in the 1990s concrete results in response to the need for justice of Paris specialised in trying crimes against humanity,
in Senegal. On 8 January 2015, the Senegalese by armed militia close to the Algerian authorities the Libyan victims. FIDH also received the testimony and war crimes, on the subject of the forced
courts finally indicted Paul Mwilambwe and placed as a part of their anti-terrorism policy. However, in from a victim who was heard in December by the disappearance of Obeidas brother and nephew,
him under judicial supervision. In 2016, the lawyers January 2016, the Nimes Court of Appeal ordered investigating judge as a civil party, and who helped Patrick and Mazzen Dabbagh, two Franco-Syrian
of the FIDH Judicial Action Group filed requests for that the case of the Mohamed brothers be dismissed, to highlight the consequences for human rights nationals. They were arrested in November 2013 by
affidavits with the Senegalese judge and organised thus depriving the victims (represented by the GAJs defenders and opponents of Muammar Khadafi, and the intelligence services of the Syrian Air Force, and
the hearing of the widow of Floribert Chebeya in its lawyers) of the first trial for the crimes committed of the use of communications surveillance systems have since disappeared. As of 27 October 2016, a
capacity as a civil party. during the Years of Lead in Algeria. The decision by the Libyan security services. FIDH also continued judicial investigation was opened for the offences
is all the more serious in that, since the adoption its judicial work in the case concerning Qosmos and exposed by FIDH and LDH in their request. This
In 2016, around thirty investigations directed of the Charter for Reconciliation in Algeria in 2005, other French companies for complicity in torture in investigation could be able to establish the chain of
at suspects of genocide in Rwanda were still any attempt to obtain justice in Algeria has been Syria, following a complaint filed in July 2012. In April command of one of the four main law enforcement
underway in France before the special section futile. This setback highlights the important political 2015, the company was qualified as tmoin assist. agencies responsible for the repression in Syria, the
for international crimes. FIDH mobilised during and judicial obstacles that continue to be placed intelligence services of the air force, and lead to the
on the path of victims who attempt to bring their establishment of individual criminal responsibility.
complaints before judges acting under extraterritorial
jurisdiction.

56 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 57


PRIORITY 4
PROMOTING THE ADMINISTRATION
OF JUSTICE AND FIGHT AGAINST
IMPUNIT Y
BEFORE MIXED OR HYBRID COURTS
In 2016, FIDH continued to support 10 Cambodian
victims living in France, civil parties in the appeal
proceedings in Case No. 002/01 before the
Extraordinary Chambers in the Courts of Cambodia
(ECCC). On November 24, 2016, the ECCC confirmed
on appeal the life sentence of Khieu Samphan, former
head of state, and Brother No. 2 Nuon Chea, a former
ideologue of the Khmer Rouge regime, for crimes
against humanity. This is the first conviction of high-
ranking Khmer Rouge officials by an independent
tribunal. FIDH also continued to support the efforts
of the Cambodian victims to establish a memorial in
France for the victims of the Khmer Rouge regime.

FIDH also supported in 2016 one of the lawyers


belonging to the group of lawyers of victims that
represents 4,733 victims who were civil parties in
the trial of Hissene Habre before the Extraordinary
Chambers within the Senegalese courts.

BEFORE THE INTERNATIONAL CRIMINAL COURT


FIDH continued to transmit information in 2016
to the ICC Prosecutors Office on situations under
preliminary examination or a Court investigation such
as the cases of CAR, Mali, Guinea, Ivory Coast, and
Burundi and on which FIDH sometimes implements
specific procedures in support of victims before
national courts. This information concerns the crimes
committed in these situations but also the status
and progress of national procedures, allowing an Former DR Congo vice president Jean-Pierre Bemba at the International Criminal Court
Peter Dejong/Pool/AFP
analysis of the will or the capacity of the authorities
concerned to fight impunity for the perpetrators of
the most serious crimes.
and gender-based violence, in order to strengthen As part of its ongoing work to initiate a preliminary Hague in November according to Chatham House
In addition, as part of its mobilisation to initiate an civil society transmission of missing information examination by the Office of the Prosecutor on the Rules, with practitioners and experts. A report will
investigation by the ICC in Ukraine, FIDH organised in support of the pre-trial review conducted by the situation in Mexico, FIDH and its partners have be published and appropriate means of action will
a training session on the documentation of crimes Office of the Prosecutor. documented crimes against humanity committed be adopted.
for its Ukrainian partners in Karkhiv, Ukraine, in July in the Coahuila region.
2016. The training focused in particular on sexual In April 2016, FIDH and HRIDC also conducted a FIDH has also widely communicated the conviction
joint assessment mission to Georgia in connection FIDH has also developed a specific program on of Jean-Pierre Bemba, and has contributed greatly
with the opening by the International Criminal Court sexual and gender-based violence within the to the opening of an ICC investigation in the CAR
(ICC) of an investigation into international crimes strategy of the International Criminal Court. In this and to the prosecution of Jean-Pierre Bemba.
committed in Georgia during the war of 2008. The manner, FIDH was able to carry out an inventory of FIDH will continue to work for just reparations
delegation spoke with war-affected communities the work of the Court but also of other important for victims of crimes committed in this country,
and met with representatives of national authorities, national and international experiences, interviewing particularly victims of sexual violence. FIDH and
civil society organisations in Georgia and victims around 50 people and organising a seminar in The its partners in Mali also observed the trial of Al
lawyers.
58 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 59
Mahdi in The Hague and stressed the importance of
such prosecutions but also the need to expand the
charges against him and in particular the charges of

PRIORITY 4
FIDH-documented crimes of sexual violence. As a
third-party contributor, FIDH submitted observations
in the course of the reparations proceedings before
the ICC. FIDH has also become active in the trials
of Dominic Ongwen and Laurent Gbagbo that have
PROMOTING THE ADMINISTRATION opened.

OF JUSTICE AND FIGHT AGAINST FIDH also intervened along with other human rights
NGOs, both African and international, to ensure
IMPUNIT Y that African States parties not withdraw from the
ICC Statute but cooperate with it. This includes the
arrest of Sudanese President Al Bashir, the subject
of an international arrest warrant, should he be
found present on their soil.

Finally, FIDH denounced the end of the Ruto


procedure, the third post-electoral violence case
in Kenya which ultimately failed, tainted by the
presumption of systematic bribery of witnesses.
FIDH will continue to communicate on this endemic
problem in ICC proceedings, particularly in cases
involving influential political figures.

SHINING LIGHT ON THE RESPONSIBILITY OF


STATES
Regarding its action to elucidate State responsibility
for the most serious violations, FIDH continued to
follow up on the development of a communication
it submitted with other member organisations and
partners before the African Commission on Human
and Peoples Rights against Algeria for serious
crimes committed during the Years of Lead. ADVOCACY WORK
REGARDING NATIONAL JURISDICTIONS
It also submitted a supplementary report to its FIDH continued its advocacy with the relevant
communication against Chile to the Inter-American authorities, intergovernmental organisations, and
Commission on Human Rights (IACHR), which is to the ICC for strong national justice systems with
decide on the admissibility of a case denouncing the capacity and determination to carry out the
reduced penalties granted by the Argentinian fight against impunity for the most serious crimes
authorities to soldiers convicted of the most serious committed on their territory, particularly in Guinea,
crimes committed during the Pinochet dictatorship. Ivory Coast, Mali and CAR (see Priority 6).

It also continued its advocacy work in France so that


the 9 August 2010 Act, adapting French criminal
law to the Rome Statute, which introduced an
extraterritorial jurisdictional mechanism for war
crimes, crimes against humanity, and the crime of
genocide, nevertheless also including significant
obstacles to its application, be amended.

Several meetings have been organised with the


French specialised judicial centre competent to
hear international crimes and with ministerial
representatives in order to strengthen the centre
with adequate material and human resources and
to develop a coherent and effective criminal policy.

Protest in Burundi against UNs report


Renovat Ndabashinze/ANADOLU AGENCY

60 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 61


PRIORITY 4
PROMOTING THE ADMINISTRATION
OF JUSTICE AND FIGHT AGAINST
IMPUNIT Y
REGARDING MIXED OR HYBRID COURTS
FIDH has worked hard where the national authorities
are concerned but also with influential States, the
African Union, the Human Rights Council, and the UN
Security Council for the establishment of specialised
mixed jurisdictions for international crimes in CAR
(see Results) in South Sudan, but also in the DRC where

impunity for the perpetrators of the most serious


crimes committed in the east of the country persists.

CONCERNING THE INTERNATIONAL CRIMINAL


COURT
FIDH continued to defend the implementation of
victims rights at the ICC. FIDH and other NGO
partners intervened with the ICC Registry so that
the 2,607 participating victims in the Ongwen case
receive legal aid and be represented by the legal
council of their choice, according to their requests.
FIDH will continue to act to enable victims continued
representation by legal representatives from outside
the ICC in ICC proceedings, along with adequate
legal aid.

Numerous exchanges have taken place throughout


2016 between FIDH, its member organisations,
and representatives of the ICC in situations where Similarly, FIDH supported the participation of
crimes within the jurisdiction of the Court have representatives of its member organisations and
been committed, in particular in Ivory Coast, Mali partners from Afghanistan, Burundi, the United
and the DRC. States, Georgia, Guinea, Kenya, Mali, Mexico,
Palestine, CAR, DRC and Ukraine at the 15th Session Investigation Reports and Position Papers
of the Assembly of States Parties (ASP) in November
Universal Competence
in The Hague. Their presence was an opportunity Make Way for Justice #2, 40 Case studies for understanding of universal competence,
to meet with the representatives of the Office of (with Trial, FIGBAR, ECCHR)
the Prosecutor and the Registry of the Court to Libya : AMESYS Case Report
refine their respective strategies and activities
around situations under investigation or preliminary International Criminal Court
5 Recommendations to strengthen the International Criminal Court, 16th Assembly of States Parties to the
examination by the ICC. In particular, FIDH co- Statute of Rome of the International Criminal Court The Hague, November 16 to 24, 2016
organised parallel side events on Kenya, Mali and Burundi : Une rpression aux dynamiques gnocidaires
complementarity in the DRC, CAR, Mali and Guinea. Mali: Al Mahdi Case before the ICC: FIDH and AMDH submit observations on reparations
During this Assembly, FIDH welcomed the first RCA: Bemba devant la CPI : 15 ans daction de la FIDH, de lenqute de terrain aux conclusions du Procureur
recognition by the ASP of the security risks faced by Ivory Coast: Q/R sur le procs de Laurent Gbagbo et Charles Bl Goud devant la CPI
Uganda: Q&A on Dominic Ongwen at the ICC
human rights defenders working on the ICC in their
country and in The Hague. It also denounced the Death Penalty
tendency of some States to constantly try to reduce Belarus : Death Penalty in Belarus: Murder on (Un)Lawful Grounds
Southeast Asia : Going backwards: The death penalty in Southeast Asia
the ICC budget thereby restricting its capacity to
act toward protecting victims and combating the Antiterrorism and Human Rights
impunity of the perpetrators of the most serious France : Counter-terrorism measures and human rights: when the exception becomes the norm
crimes.
62 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 63
OBJECTIVE 2 PROMOTE THE ADMINISTRATION
OF EFFECTIVE AND EQUITABLE JUSTICE

MOVING TOWARDS THE UNIVERSAL ABOLITION


OF THE DEATH PENALTY

PRIORITY 4
FIDH continued to condemn death penalty convictions
and their use, particularly in Saudi Arabia, Bahrain,
Belarus, Iran, Japan, and the Philippines.

On 10 October 2016, on the occasion of the 14th


PROMOTING THE ADMINISTRATION World Day Against the Death Penalty, FIDH President
Dimitris Christopoulos and Assistant Secretary-
OF JUSTICE AND FIGHT AGAINST General Florence Bellivier published an FIDH Op-
Ed entitled Our Answer to Terrorism Cannot be the
IMPUNIT Y Death Penalty. FIDH has also published two reports.
The first, Death Penalty in Belarus: Murder on (Un)
Lawful Grounds, shows that the rights of those
sentenced to death are systematically violated PROMOTE THE PROTECTION OF HUMAN RIGHTS
at all stages of the proceedings, heightening the IN THE FIGHT AGAINST TERRORISM
probability of condemning innocent persons and FIDH continued to denounce the serious violations of
of the particularly inhumane and cruel nature of human rights committed by fundamentalist groups
executions, of which the families are informed a such as AQIM, Daesh, the Taliban, Shebab, and Boko
posteriori. The second, Going Backwards: The Death Haram.
Penalty in South East Asia, compiles an inventory
of 2016 capital punishment in this sub-region. FIDH It also called on States to respect international
also co-organised a public event commemorating human rights law in their fight against terrorism
the 25th anniversary of the abolition of the death and documented situations in which the fight
penalty in France and the World Day Against the against terrorism was used as a pretext to suppress
Death Penalty on 8 October in Paris, thus giving non-violent protests and prosecute human rights
a voice to victims of terrorism and to exonerated defenders, such as in Russia, Egypt and Turkey.
death row inmates and joining them in their struggle
against capital punishment. Particularly in the context of the proclamation of a
state of emergency in France following the November
A large delegation of 26 persons, including 2015 attacks and its subsequent renewal, FIDH
representatives of FIDH member organisations from and its member organisation, LDH, documented
Algeria, Belarus, Botswana, Indonesia, Iran, Japan, in an investigation report the serious violations
Mauritania, Morocco, Senegal, Thailand, Tunisia, of fundamental freedoms of French citizens that
Vietnam, Uganda, and its International Secretariat, were committed under the state of emergency.
attended the 6th World Congress Against the Death Subsequently, on February 25, 2016, FIDH, alongside
Penalty, organised in Oslo from June 21st to 23rd. LDH and five ex-prisoners, filed two sets of criminal
The representatives of FIDH intervened in particular complaints against the French Interior Minister and
during sessions on the death penalty in Egypt in the his Director of Civil Liberties. These complaints
fight against terrorism, on the draft-protocol to the alleged violations of individual freedoms as well as
African Charter on Human and Peoples Rights on acts of discrimination. Complaints against Bernard
the Abolition of the Death Penalty, and organised Cazeneuve, the Interior Minister, were filed with
a parallel event on the death penalty in Belarus. the Court of Justice of the Republic, the only court
competent to try a minister for acts undertaken
FIDH continued its advocacy in 2016 for the adoption within the performance of his duties, and were
by the African Union of the draft Protocol to the quickly dismissed. Complaints against the Director
African Charter on Human and Peoples Rights on the of Civil Liberties of the Interior Ministry will lead
Abolition of the Death Penalty in Africa. FIDH made to the opening of judicial investigations, in which
significant contributions to the draft of this project FIDH and LDH will continue to support the victim
which was adopted by the African Commission on complainants.
Human and Peoples Rights in May 2015.

FIDH also continued its cooperation with the World


Coalition Against the Death Penalty for the universal
abolition of the death penalty and the introduction
of a moratorium in countries that still support it.

Protest against the execution of eight foreign drug convicts, Manila


Ted Aljibe/AFP

64 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 65


PRIORITY 4
PROMOTING THE ADMINISTRATION
OF JUSTICE AND FIGHT AGAINST
IMPUNIT Y
3/ EXAMPLES OF OUTCOMES

FIDH and its member organisations have enabled


or contributed to:

STRENGTHENING THE RIGHT TO EFFECTIVE


REMEDIES FOR VICTIMS OF INTERNATIONAL
CRIMES
The trial of Amadou Haya Sanogo in Mali - His trial
and that of 17 co-accused individuals began on 30
November 2016. FIDH and its member organisation
AMDH are civil parties to accompany 23 families and
close relations of victims that were with them in the
so-called disappeared brets rouges.

Judicial investigation opens in France for crimes


against humanity in Syria - On 24 October 2016,
FIDH and LDH together with Mr. Obeida Dabbagh,
went to the French courts concerning the forced
disappearance of his brothers and nephew, Patrick
and Mazzen Dabbagh, two Franco-Syrian nationals.
They were arrested in November 2013 by the
intelligence services of the Syrian Air Force, and at the Security Council brought awareness to the
have been disappeared since. authorities and the United Nations regarding the
importance of this type of judicial mechanism.
Rwandan genocide perpetrators conviction in Several communications made it possible to
France - FIDH took action in 2016 in the appeal trial continue this advocacy. FIDH intervened in the
of Pascal Simbikangwa, sentenced in first instance drafting process leading to the draft law for a Special Fatou Bensouda with FIDH president Karim Lahidji
DR
in 2014 by the Paris Court of Assize to 25 years of Criminal Court to investigate, prosecute, and try
imprisonment for genocide and complicity in crimes serious human rights violations committed on the
against humanity in Rwanda. This trial resulted in territory of the country since 2003, that was to be Judicial Assistance to victims and participation in ADMINISTRATION OF EFFECTIVE AND EQUITABLE
the confirmation of the first instance decision. In adopted by the National Transitional Council and the ICC Ongwen case - FIDH and other NGO partners JUSTICE
addition, FIDH and the LDH took action for the trial promulgated on June 3, 2016 by the President of have intervened with the ICC Registrar so that the The adoption of the Resolution of the United
of Octavien Ngenzi and Tito Baharira which took the Republic. FIDH will continue its advocacy within 2,607 victims participating in the case can receive Nations General Assembly on the moratorium on
place from May 9th to July 1st 2016 before the Court the international community for sufficient financial legal aid and be represented by the legal counsel the death penalty by 117 votes in favour. With the
of Assize in Paris and led to the conviction of two and logistical support for the establishment and of their choice, as they requested. Global Coalition Against the Death Penalty, FIDH
former mayors of the commune of Kabarondo to effective exercise of the Court. has been involved in advocating toward the States
life imprisonment. CONCERNING THE REGIONAL COURTS AND to encourage voting in favour of the moratorium.
ICC opening a preliminary review on the situation in COMMISSIONS
The adoption of a mixed tribunal in the Central Burundi - In 2016, the FIDH published the report of a The attention paid by the Inter-American Commission
African Republic - In the findings of the 2013 and fact-finding mission denouncing and demonstrating on Human Rights to the reduction of sentences
2014 CAR investigative reports, FIDH called for international crimes committed in Burundi and the granted to military personnel who committed crimes
the establishment of a mixed tribunal that would risk of genocide. This report, on which the FIDH during the Pinochet dictatorship. In December 2016,
make up for the lack of willingness and capacity of based an intense advocacy and public awareness the Inter-American Commission on Human Rights
national courts to fight the impunity of the authors campaign, was forwarded to the Office of the declared the complaint in the media prescription
of the most serious crimes committed since 2003 Prosecutor of the ICC requesting a preliminary case filed in 2010 by FIDH and AFDD on behalf of
in CAR. Several missions to CAR and advocacy examination of the situation. 48 families admissible.

66 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 67


CONVICTION
OF JEAN
PRIORITY 4 PIERRE
BEMBA
by the ICC for the war cimes and crimes against
PROMOTING THE ADMINISTRATION humanity of sexual violence

OF JUSTICE AND FIGHT AGAINST SHEILA MUWANGA, FIDH VICE-PRESIDENT


A supporter in 2002/2003 for the President of the
IMPUNIT Y Central African Republic in office, Mr. Patasse,
Bemba was the military leader of the Liberation
Movement of the Congo (MLC) and commanded

THE HISTORIC armed groups who knowingly and deliberately


committed multiple acts of rape against women

VERDICT FOR and men, including the elderly and children. The
ICCs condemnation of Bemba means that for the

THE VICTIMS first time, justice was rendered to victims of sexual


violence in this country and that these victims will

IN THE HISSENE be able to seek redress. This is also the first verdict
rendered by the ICC condemning an individual

HABRE CASE in his hierarchically superior capacity for crimes


committed by other individuals under his command.
DRISSA TRAORE, FIDH VICE-PRESIDENT
On February 11, 2016, following a 56-day debate forum to hear the cases. FIDH then contributed to Hissene Habre on behalf of Africa. Advocacy directed Beginning in 2002, FIDH and its member organisation
and the hearing of 93 witnesses, Hissene Habres the referral of the UN Committee Against Torture at the Senegalese authorities also permitted the 2007 LDCH conducted an investigation in CAR on these
trial before the Extraordinary Chambers within the which ordered the Senegalese authorities not to adoption of a law making it possible to investigate crimes, gathering testimony from numerous victims
Senegalese courts came to an end. The verdict fell expel Hissene Habre, contrary to their wish. cases of genocide, crimes against humanity, and of sexual violence by Bembas troops. The report
on May 30, 2016: Hissene Habre was sentenced to war crimes even outside Senegal, and in 2008, of a of this investigation, War crimes in the CAR, was
life imprisonment for torture, war crimes, and crimes In 2001, FIDH, HRW and AVCRP undertook a fact- constitutional amendment introducing an exception submitted to the ICC asking the court to initiate an
against humanity committed under his regime in finding mission to Chad. On the premises of the to the non-retroactivity of the criminal law for investigation. Other missions and reports followed
Chad. An appeal was launched by the designated former DDS in NDjamena, they were able to consult international crimes, thus removing the obstacles with the aim to continue documenting the crimes
defense attorneys; the appeal proceedings took thousands of documents constituting the archives of to the trial of Hissene Habre. And finally after a committed and their impunity. Numerous meetings
place in January 2017, lasting only four days. On Hissene Habres sinister political police, consolidating decision of the ECOWAS Court of Justice actioned were held with the Office of the Prosecutor of the
April 27, 2017, the Appeals Chamber of the African the court record against the former dictator. by Hissene Habres attorneys (during which FIDH ICC as well as with the Central African authorities
Extraordinary Chambers confirmed the life sentence intervened with an amicus curiae) that Senegal ruled to call on them to combat impunity for these
of the former Chadian dictator. FIDH and its member organisations then seconded on the establishment of the African Extraordinary crimes. Training was provided for the civil society
the complaint filed against Hissene Habre by victims Chambers within the Senegalese courts for the organisations of the Central African Republic on the
This trial was the result of more than 15 years of before the Belgian courts on the basis of universal judgment of Hissene Habre. ICC and the principle of complementarity. FIDH and
intense action from the victims and their supporting jurisdiction. After long years of proceedings, the its members in CAR also repeatedly called on the
organisations, in particular FIDH and its member investigating judge accused Hissene Habre of war In 2016, FIDH supported one of the attorneys UN, the African Union and the African Commission
organisations in Chad, Belgium, and in Senegal. crimes, crimes against humanity, and crimes of belonging to the collective of lawyers for victims on Human and Peoples Rights to advocate for the
Under the 1982 to 1990 presidency of Hissene Habre, torture, and issued an international arrest warrant. In civil parties in the trial, which represented 4,733 fight against the impunity of international crimes,
40,000 persons were assassinated and 200,000 were 2005, however, the Senegalese court declared itself victims in civil parties. including sexual violence, in CAR.
victims of torture and violence. incompetent to rule on the extradition of Hissene The information provided to the ICC by FIDH was
Habre and deferred to the African Union (AU) for not only useful to the Attorney General during
As early as 1999, strategic exchanges were held the appropriate conduct to be followed. her investigation but was also reflected in the
between the Association of Victims of Crimes and verdict. FIDH and its member organisations in the
Political Repression in Chad (ACVRP), FIDH, and There followed, parallel to exchanges with victims CAR have played a pivotal role over the past 15
its member organisations in Chad and Senegal, the associations in Chad, FIDH member organisations years by contributing both to the establishment
country of residence of Hissene Habre, to consider in Chad and Senegal, and the other members of of facts and to the provision of evidence. FIDH
judicial prosecution. In 2000, Chadian victims, the Hissene Habre Fair Trial Steering Committee, issued a comprehensive report and a document
represented in particular by Sidiki Kaba, then Vice- an important advocacy action by FIDH to the AU of information (questions and answers) along with
President of FIDH, filed a complaint in Senegal which proceedings, from influential States, but also the a video on the subject during the verdict given by
would ultimately be rejected as the Senegalese United Nations and the European Union, leading to the ICC in this case.
courts were not in a position to provide a competent the decision of the AU in 2006 to ask Senegal to try

68 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 69


PRIORITY 5
STRENGTHENING
RESPECT FOR HUM AN RIGHTS
IN THE CONTEXT OF ECONOMIC
GLOBALISATION
1/ CONTEXT AND CHALLENGES

While competition for access to resources has


proceeded on a global scale, the economic
development of many countries continues to
depend on the exploitation of natural resources.
Deregulation of trade and investment flows,
the protection afforded to foreign investors, the
high degree of dependence among economies
worldwide, as well as foreign debt and the policies of
international financial institutions have reduced the
influence States have over the conduct of economic
and social policies designed to enhance the well-
being of their own populations.

Economic, social and cultural rights have been


formally recognised at the international level,
in particular with the coming into force in 2013
of the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights
and the steady, albeit slow, rise in the number of
ratifications. Notwithstanding this, it remains
difficult to ensure respect for economic, social
and cultural rights, especially in an international
context where activists and human rights defenders
who challenge powerful economic interests are
perceived as a threat. In 2016, many States continued
to respond by stigmatising, crushing or criminalising
communities and defenders who speak out against
violations of human rights related to investment Worker at a bauxite storage site in Bukit Goh situated in Malaysias rural state of Pahang.
projects and economic activities. Defenders of land- Manan Vatsyayana/AFP

related rights and environmental rights defenders


on all continents have been particularly targeted.
Attacks on groups such as defenders, journalists achievements have been far from satisfactory. to the implementation of the UN Guiding Principles Within Europe, important talks addressed the
and political opponents have again been facilitated Victims access to reparations has proved illusory and draw on existing standard-setting development strengthening of the normative framework with
by the adoption of repressive laws against NGOs in too many cases. processes at national and regional level. a view to achieving greater transparency, better
but also by the sale and export of surveillance, The inter-governmental working group responsible prevention of abuses and increased access to justice
information and communications technologies. for drawing up an international binding treaty In many European countries, the austerity measures for the victims of business abuses. The European
for transnational companies and other business adopted by States and financial institutions Commission is working on producing guidelines
Almost six years after the adoption of the UN enterprises and human rights met for a second continued to negatively affect human rights. Current on the application of its Directive on the disclosure
Guiding Principles (UNGPs) on business and consultation in October 2016. A growing number talks on free-trade treaties between the European of non-financial information. In France the law on
human rights in June 2011, and despite the of States attended this consultation, including this Union and third countries continued to raise serious mandatory due diligence was finally adopted in
progress made, particularly in terms of stakeholder time the European Union delegation and some of its concerns about the potentially harmful effects December 2016 and confirmed by the Constitutional
uptake and recognition on the part of businesses member States; however States participation and these accords could have on human rights, and Council in March 2017.
of their responsibilities to respect human rights, contribution to the works of the inter-governmental the legitimacy of provisions such as the arbitration
working group is still far from satisfactory. This clauses was still being seriously questioned.
process should be understood as complementary
70 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 71
2 / FIDH A ND ITS MEMBER A ND PA RTNER
ORGANISATIONS IN ACTION

PRIORITY 5
OBJECTIVE 1 - CONTRIBUTING TO THE
ACCOUNTABILITY OF ECONOMIC PLAYERS

STRENGTHENING DOCUMENTING THE IMPACT OF BUSINESS


ACTIVITIES ON HUMAN RIGHTS AND ESTABLISHING
RESPECT FOR HUM AN RIGHTS RESPONSIBILITIES
Documenting human rights violations linked to
IN THE CONTEXT OF ECONOMIC business activity is essential for supporting victims Classic fact-finding missions & community-based
in their search for justice and for advocating for more
GLOBALISATION protective national and international standards. human rights impact assessments
Most importantly, the reputational risk associated
with public denunciation, with its potentially serious
financial consequences, can lead the businesses To produce this documentation, FIDH conducts
in question to correct situations of documented classic fact-finding missions on human rights
violations. violations linked to business activity, together with
its member organisations and with the participation
Thus, in 2016, FIDH published the report on the human of experts accompanying as mission delegates.
rights impact assessment which it had launched FIDH also conducts community-based human rights impact
in Colombia in 2015 and which documented and assessments, which allow affected communities to actively
analysed the impacts of the petroleum exploitation participate in the assessing and documenting of the real,
and extraction activities of the Canadian company or potential impacts of investment projects on human
Pacific Exploration & Production Corp and the rights. To this end, FIDH supports the use of Getting it right,
Colombian company, Ecopetrol, in the municipality a tool designed by Rights and Democracy which guides
of Puerto Gait, Meta Department on the rights communities and NGOs step by step to assess the impact
and environment of local communities, including an investment project has, or may have, on their human
workers, indigenous peoples, and farmers. This rights. This methodology also allows them to draw up a
analysis allowed the research team to determine the final report and recommendations that can be a basis for
responsibilities of the State and corporate actors dialogue between public and private players involved in the
involved in violations of labour and union rights, investment project and for eventual redress or mobilisation
indigenous peoples rights to free prior and informed campaigns. FIDH, together with Oxfam, published a training
consent, land rights and the criminalisation of manual of such methodology in 2016, and has continued to
human rights defenders. conduct training sessions to promote its use.

In 2016 FIDH also continued the on-going human


rights impact assessment of the Cuyamel II
damn project (a three-megawatt run-of-the-river
hydroelectric dam), of the Compaa de Energa de
San Francisco S.A. (CONERSA), to be constructed FIDH, together with its member organisation in
on the Cuyamel River, main source of drinking water South Africa, Lawyers for Human Rights, conducted
for six communities living in the municipality of San a human rights impact assessment focusing on
Francisco, Atlntida, and within the protected areas the impacts on the local community of the sudden
of the Pico Bonito National Park and the micro-basin closure of the Blyvooruitzicht Mine, one of the
of the Cuyamel River in Honduras. The analysis of largest gold mines in the country.
the information gathered allowed the research team
to determine the responsibilities of the State and In October 2016 FIDH and its member organisation
corporate actors involved in violations of the right in Nicaragua CENIDH published a report on the
to water, participation, access to information and human rights violations linked to the construction
access to effective judicial remedies. of the Interoceanic Canal. The report outlined that
the concessions given to the Chinese companies
for the construction of the channel do not respect
the international and constitutional guarantees
especially with regards to the rights to property,
adequate housing, water, food, the right to live in
a healthy environment, and the right to free prior,
and informed consent.

Along the shore of Cocibolca lake in Rivas, Nicaragua


Inti OCON/AFP

72 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 73


PRIORITY 5 FIDH AND ESCR-
STRENGTHENING NET ISSUE 10
RESPECT FOR HUM AN RIGHTS KEY PROPOSALS
IN THE CONTEXT OF ECONOMIC FOR THE
FORTHCOMING
Maranh, Brazil. In this context it helped organise
GLOBALISATION advocacy meetings between representatives of

UN TREATY ON
its partner organisation, Justia nos Trilhos,and a
representative of the affected community and the

BUSINESS AND
United Nations Special Rapporteurs on Toxic Waste,

FIDH POINTS OUT FIDH has, moreover, placed special emphasis on on the Right to Housing and on the Right to Health
the documentation of attacks, criminalisation
HUMAN RIGHTS
as well as the UN Working Group on Business and

THE ROLE OF and defamation campaigns against activists who Human Rights. These meetings allowed to submit
denounce human rights abuses linked to business additional information on the case, as well as to

FRENCH BANKS activities. (See Priority 1) increase public mobilisation and the pressure on the On 22 October 2016, during the second consultation
authorities to move forward with redress measures, of the Inter-governmental Working Group in charge

AND INSURANCE USING REDRESS MECHANISMS


In 2016 FIDH pursued its strategic litigation activities
including relocation. of developing a binding instrument on transnational
companies and human rights, FIDH and ESCR-net

COMPANIES to establish the responsibility of businesses, their


executives and States in the matter of human rights
In 2016, FIDH also published the third update of its
Practical Guide for Victims and NGOs on available
officially presented 10 Key Proposals for a Treaty
on Human Rights and Business. This document

IN ILLEGAL violations related to business activity. redress mechanisms in the case of human rights
abuses by businesses that has been translated in
is the result of consultations with civil society and
local groups around the world, as well as inputs

SETTLEMENTS IN FIDH continued its work in support of Libyan civil


party victims in the case against the company
many languages including Chinese. from legal experts, in the framework of the Treaty
Initiative Project.

THE OCCUPIED Amesys for complicity in acts of torture. This French


company and its directors are accused of having
STRENGTHENING INTERNATIONAL FRAMEWORK
At the European level, FIDH continued to support the Through this project, FIDH and ESCR-Net brought

PALESTINIAN sold to Muammar al-Gaddafis dictatorial regime


surveillance equipment intended to more effectively
work of the European Coalition for Corporate Justice
(ECCJ), as a member of its steering committee.
together legal experts from all regions to form a
Legal Group (LG) to work on concrete legal proposals

TERRITORY target opponents of the regime. In 2016 FIDH also


continued to follow the complaint against the
After advocating in this context for the approval
of a EU directive on nonfinancial reporting, FIDH
towards a binding treaty on business and human
rights, which reflect civil society and affected
Following the publication of the report on Oranges company Qosmos, submitted in 2015 by FIDH and helped define ECCJs advocacy strategies, including peoples priorities. Consultations with activists,
business ties in Israeli settlements in the OPT in May LDH and denouncing the participation of French in relation to the EU exposition on United Nations academics, and groups representing affected people
2015, the co-authors (including FIDH and its member corporations in the implementation of a generalised Treaty negotiations on business and human rights. In and others in civil society have been organised
organisations in France - LDH and Palestine - Al surveillance system of electronic communications 2016, FIDH, together with ECCJ and other European- in Asia (Thailand, May 2014), in Africa (Kenya,
Haq) and Fairfinance France decided to collaborate supplied to the regime of Bashar al-Assad. based NGOs, urged EU institutions to participate October 2015) and in Latin America (Mexico, May
once again in order to look into the issue of French in the second round of consultations of the IGWG 2016). Groups from the regions issued a common
banks and insurance companies providing financial FIDH also continued to call on the International for the treaty on transnational corporations, other declaration outlining their priorities for the Treaty
services to Israeli banks and companies active in the Criminal Court (ICC) to try international crimes businesses and human rights. As a result of such as a result of these consultations.
settlements, and thereby indirectly contributing to committed in the context of business activities. For advocacy efforts, the EU was present during the
colonisation. The final report pointed out the role of example, in 2014 FIDH transmitted a communication entire week of consultations in the second round The proposals have also been recalled in the written
French financial institutions in the development and to the ICC on crimes related to mass land grabbing of October 2016. statement submitted by ESCR-net members to the
maintenance of the Israeli occupation of Palestine for the benefit of the ruling elite which is practised on IGWG and have been sent to the Ecuadorian mission,
despite the fact that this has been many times a major scale in Cambodia. In September 2016 the Throughout the year, FIDH briefed Members of the chair of the IGWG and in charge of preparing a draft
recognised as illegal under International law. ICC Office of the Prosecutor (the ICC-OTP) published European Parliament and representatives of the ahead of the 3rd session of October 2017.
its Policy Paper on Case selection and Prioritisation, European Commission to make the protection of
extending remit of ICC to pursue crimes involving human rights a key aspect of EU trade agreements.
environmental destruction and land grabs. FIDH This commitment is paramount to ensuring EU trade
hopes that the elements brought will incite the OTP agreements become an opportunity for human rights
to open a preliminary investigation on the situation rather than a source of violations and impediments.
in Cambodia.
FIDH continues to advocate at EU level for the
FIDH followed up on previous documentation inclusion of Human Rights Impact assessment
work including the case of human rights violations in trade agreements (with Vietnam, Burma, China,
and environmental pollution in the mining and Philippines, Peru-Colombia-Ecuador).
steel industries in Aailndia, in the State of

74 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 75


PRIORITY 5
STRENGTHENING
RESPECT FOR HUM AN RIGHTS
IN THE CONTEXT OF ECONOMIC
GLOBALISATION
FIDH addressed the United Nations Annual Forum on OBJECTIVE 2 - ENCOURAGING STATES TO RESPECT
Businesses and Human Rights and held a side event ECONOMIC, SOCIAL AND CULTURAL RIGHTS
on the issue of human rights impact assessment
in the context of business activities, during which DOCUMENTING VIOLATIONS
FIDH member organisation in South Africa LHR Following its documentation work on the impact of
presented on their process of conducting an HRIA austerity measures on human rights, FIDH provided
on the closure of the Blyvooruitzicht gold mine. input to the UN Independent Expert on Foreign Debt
ahead of his visit to Brussels in May 2016 to assess
ENCOURAGING BUSINESSES TO CONDUCT DUE the EUs response to the financial crisis. FIDH also
DILIGENCE was invited to a roundtable meeting between the
As part of its agreement with Carrefour, FIDH IE and civil society, and participated in a restricted
continued urging the global retailer to conduct due expert meeting with the IE and European NHRIs on
diligence throughout its entire supply chain. FIDH this topic, focusing in particular on HRIAs. FIDHs
has held meetings with Carrefour regularly to assess inputs (both written ahead of the visit and oral
progress in implementing the 50 recommendations during the meetings) was based on the research
that FIDH presented in 2014 concerning all of the and analysis conducted by FIDH and its member
groups practices, especially internal governance, organisation in Greece HLHR on this topic.
suppliers processes, and practices in specific
countries and sectors. Most of the recommendations

FIDH AND LHR


have been included in Carrefours 2015-2017 Action
Plan on social responsibility.

As part of its Action Plan, Carrefour, working DOCUMENT


THE IMPACT
through its Foundation, created a solidarity fund
whose vocation is to promote respect for human

OF A MINE
rights throughout its supply chain by carrying
out humanitarian actions, especially related to

CLOSURE ON THE
workers rights and to contribute to strengthening
the actions of selected NGOs and other independent

SURROUNDING
local actors. In 2015 FIDH had many discussions
with Carrefour about the creation of this fund and

COMMUNITY IN
redefined the mandate of Infans, the joint Carrefour-
FIDH association for cooperation, and changed its

SOUTH AFRICA
name to Sphre, whose mission is to interact with
the Carrefour Foundation.
In 2016, LHR and FIDH completed a community risks of improper mine closure: the Mine closed As the study revealed, initiating liquidation
In 2016 FIDH was invited to be part of the multi- based human rights impact assessment in overnight, plunging employees and the Village of proceedings allowed the Mines operators to
stakeholder committee of the group Michelin, where partnership with the Blyvooruitzicht Mine Village 6,000 people into crisis. Environmental mitigation sidestep the environmental and socio-economic
it has encouraged the company to improve their (the Village), located in South Africas top gold- measures immediately ceased, residents began obligations they would have otherwise been required
human rights policies and approaches. mining region. The study documented and analysed to battle associated health concerns, and their to fulfil had they closed the Mine in compliance with
the impact of the sudden initiation of insolvency continued access to basic water supply, sanitation South Africas relatively robust mining law. More
proceedings in 2013 of the Blyvooruitzicht Gold and electricity was threatened. Security of tenure to broadly, Blyvooruitzicht offers a cautionary tale
Mine (the Mine) on the human rights of the their homes was called into question, serious crime for Africas economies where extractive industries
Village residents, and in particular their rights spiked, and families went hungry. The wholesale are at earlier stages, but where the risk of failure
to development, an environment not harmful to lack of any sustainable economic development to ensure sustainable distribution of benefits from
health or well-being, and adequate housing. The initiatives left in the aftermath of the Mines closure mining particularly after closure remains critical.
Village presented an instructive example of the was striking.
76 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 77
EMPOWER-
MENT OF
PRIORITY 5 COMMUNITIES
AFFECTED BY THE
3/ EXAMPLES OF OUTCOMES
STRENGTHENING
CLOSURE
FIDH and its member organisations have enabled
RESPECT FOR HUM AN RIGHTS or contributed to :

IN THE CONTEXT OF ECONOMIC Af ter the HRIA conducted in Colombia , the OF THE
BLYVOORUITZICHT
organisations involved filed a collective action
GLOBALISATION against the company Ecopetrol for the damages

MINE TO CLAIM
caused to the community and the environment
as a result of seismic activity. The pressure of

THEIR RIGHTS
such judicial action pushed Ecopetrol towards
initiating dialogues to reach an agreement of specific
In August 2016 FIDH and its member organisation engagements regarding the mitigation of those ALICE MOGWE, FIDH SECRETARY GENERAL,
PAHRA in the Philippines, submitted a shadow report impacts. Moreover, the Inter-American Commission CHARGE DE MISSION OF THE HRIA IN SOUTH
on the implementation of the International Covenant for Human Rights granted precautionary measures AFRICA : The community-based human rights impact
on Economic, Social and Cultural Rights for the 5th P R OT E C T IN G A N D S T R E N G T H E N IN G T H E to the members of the Community Action Board of assessment (HRIA) on the closure of the Blyvooruitzicht
and 6th periodic reports to the UN Committee on JUSTICIABILITY OF ESCR the village of Rubiales. mine conducted in South Africa involved the active
Economic, Social and Cultural Rights. In 2016, FIDH and its member organisation FLAC participation of affected communities. This process
(Free Legal Advice Centres) followed up on their 2014 allowed for the empowerment of affected community

FIDH
SUPPORTING LOCAL ORGANISATIONS complaint addressed to the European Committee members, who have been able to analyse and present
In May 2016, FIDH and ESCR-Net organised a third of Social Rights against Ireland concerning the their situation through a human rights approach, and to

FORCES
regional consultation meeting in Mexico in the often substandard conditions encountered in better understand the responsibilities of the different
framework of the Treaty Initiative. Following the some 20 social housing units, alleging that Irish actors involved. The HRIA project has equally bolstered

ORANGE
consultation, a full day was dedicated to advocacy law and current policies and practices for this type FIDHs member organisations capacity and work on
strategies coordination on May 18, during which of housing do not meet European standards and are this case, including by enabling it to gain access to

TO STOP
groups shared the key upcoming opportunities conducted in violation of key articles of the European essential information and hold meetings with relevant
for advocacy in their countries and their advocacy Social Charter (Revised). The complaint has reached stakeholders. This resulted in fruitful and long-term

ITS BUSINESS
plans for the coming months. Participants from the last stage in the procedure and is awaiting a engagement, and positioning to positively influence
previous regional consultations also participated in decision on its merits. FIDH member and partner new investors who are looking to take over the mine.

RELATIONSHIPS
this meeting, namely one representative from Asia, organisations in Ireland launched a learning tool on Moreover, the project has also increased the capacity
one from Africa and one from the MENA region, and the Collective Complaints mechanism as part of the of the member organisation to work regionally on those

IN THE OCCUPIED
shared with Latin American CSOs. work carried out around the collective complaint and issues and to be recognised as a serious, key actor
aimed at empowering the right holders throughout in the business and human rights field in Africa. For

PALESTINIAN
In November 2016, FIDH participated and supported the procedure. The tool was publicly launched at example, the Housing Development Agency, following
the participation of member organisations from an event in Dublin on 6 October 2016 and a short the presentation of the report, hosted a meeting on the

TERRITORY
Mexico, Burma, Palestine and Colombia (PODER, film was produced that we have contributed to 17 February 2017 where they generally acknowledged
ALTSEAN Burma, Al-HAQ, CAJAR) during the Global disseminating and publicising also outside Ireland. that there has been a failure on the part of government
Annual Meeting of ESCR-Net in Buenos Aires. As SHAWAN JABARIN, FIDH SECRETARY GENERAL : to deal with the Blyvoor mine closure. All parties
a member of ESCR-Nets Corporate Accountability FIDH and partner organisation Inclusion Europe On 11th January 2016, Orange officially terminated its committed to finding a way forward for the community.
Working Group, FIDH informed fellow members on in collaboration with FIDH member organisation contract with Israeli communication operator Partner,
the advancements of the Treaty Initiative Project, in Belgium the Ligue des droits de lHomme (LDH) active in Israeli settlements in the OPT. This was one of
and actively participated in the definition of CAWGs worked on a collective complaint to the CoE the co-authors main demands in the May 2015 report
next work plan. European Committee on Social Rights regarding denouncing Oranges business activities in the OPT and In an urgency resolution on 16 February 2017 the
At the annual UN Forum on Business and Human access to education for children with intellectual in follow-up advocacy activities. The report shows that EU Parliament expressed concern for the situation
Rights in November 2016 FIDH supported the disabilities in Belgium. The collective complaint Partner is getting infrastructure built on confiscated in Nicaragua. The resolution takes up the main
participation of member organisations and FIDH has subsequently been submitted to the ECSR on Palestinian land and provides services to settlers and concerns highlighted in the FIDH report, including
partners from Burma and South Africa. Finally, for January 2017. the Israeli army. In addition, the corporation is taking the absence of an environmental impact study and
its member organisations and partners (Peru, South advantage of the restrictions imposed by the Israeli of prior consultation launched with indigenous
Africa, Burma, Brazil), FIDH has also facilitated Furthermore, through the International Coalition of authorities on the Palestinian economy, and is in fact peoples, and the fact that the canals proposed route
advocacy meetings with Permanent Delegations in NGOs for the ratification of the Optional Protocol helping to stifle this economy. Our organisations were will go through indigenous lands and would displace
Geneva, with treaty spokespersons and UN special to the International Covenant on Economic, Social able to meet with senior representatives of the Orange between 30,000 and 120,000 indigenous people.
procedures, and supported their participation in and Cultural Rights, FIDH has continued to promote Group and with French ministers of the Economy
sessions of the Human Rights Council. the ratification of the Optional Protocol to advance and Foreign Affairs to express their concerns and
the effective implementation and justiciability of recommendations.
economic, social and cultural rights.

78 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 79


PRIORITY 5
STRENGTHENING
RESPECT FOR HUM AN RIGHTS
IN THE CONTEXT OF ECONOMIC
GLOBALISATION

THE EU COMMISSION
FOUND GUILTY OF
MALADMINISTRATION
In June 2016 the European Parliament adopted
FOR FAILING TO a resolution raising a number of human rights
issues in relation to the EU-Philippines Partnership
CONDUCT IMPACT Cooperation Agreement (PCA). The resolution
reflected several of FIDHs recommendations,
STUDIES PREVIOUS including regarding the implementation of core
international instruments related to human rights
TO THE TRADE AND and in particular labour rights, the elaboration of a
National Action Plan on business and human rights,
INVESTMENT working conditions in the fishing industry, and
repression of activists peacefully campaigning to
AGREEMENT WITH protect ancestral lands from the impact of mining
and deforestation.
VIETNAM
On February 26 2016, European Ombudsman Ms In May 2016, Development Solution, the consultant
OReilly concluded that the Commissions refusal to in charge of the sustainability impact assessment
carry out a human rights impact assessment in the of the investment agreement under negotiation
framework of the EU-Vietnam Free Trade Agreement between the EU and Myanmar, recommended
constituted maladministration. This decision that investment agreements should better protect
represents an important precedent, which will human rights, and highlighted the need for reforms Villagers protest against a copper mine project in front of Lapdaung hill, Sarlingyi township, Burma
Soe Zeya Tun/REUTERS
have consequences on all free trade and investment in Burma, the need for new models of investment
agreements currently being negotiated by the EU. agreements with new human rights clauses,
The decision of the Ombudsman was taken after FIDH safeguards, monitoring mechanisms and dispute
published a document Building trades consistency settlement mechanisms. These recommendations The UN Independent expert on foreign debt and On 5 July The European Parliament adopted a
with human rights: 15 recommendations to the reflect FIDH and its member organisation in Burmas human rights in his report to the 71st session of resolution on Social and environmental standards,
EU on impact assessments specifying the EUs inputs on this issue (including their comments the UN General Assembly in New York in November human rights and corporate responsibility
obligations in this context and setting out precise on the sustainability impact assessments draft 2016 recommended that human rights impact (2015/2038(INI)). It integrated a lot of the
recommendations for their implementation. Most final report of April 2016, their position paper on assessments should be carried out and that human recommendations formulated by FIDH.
importantly, FIDH and its member organisation EU-Burma investment relations of December 2013, rights principles should be integrated into debt
in Vietnam, VCHR, filed a complaint addressed and their open letter to and comments on IPA EU- reduction and restructuring efforts in order to ensure In December 15 the European Parliament resolution
to the European Ombudsman denouncing the Myanmar SIA of December 2015). that ESCR should not be undermined by fiscal on the situation of the Rohingya minority in Myanmar
European Commissions refusal to take account Following the conference in Amsterdam on May initiatives. The recommendations echo the ones refers to the investment negotiations by pointing out
of human rights in negotiations relating to trade 2016 organised by the Dutch EU Presidency and expressed by FIDH and its member organisation in that it is of the opinion that further deepening of the
and investment agreements with Vietnam. In NGOs, the European Council adopted its conclusions Greece the HLHR in their 2014 report Downgrading EU-Myanmar relationship must be conditional upon
March 2015, the Ombudsman ruled in favour of in June 2016 where it requested the EU Agency rights: the cost of austerity in Greece and those real human rights improvements in that country.
FIDH and VCHR, stigmatising the Commission for for Fundamental Rights to issue an opinion on made in the context of the consultation between
maladministration and calling for the immediate Improving access to remedy in the area of business the IE and civil society during his visit to Brussels
production of an impact assessment. and human rights in the EU (This opinion was in May 2016 and to Athens in December 2015 and in
published in April 2017). written inputs provided to the IE ahead of both visits.

80 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 81


PRIORITY 6
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
AMERICAS
1/ CONTEXT AND CHALLENGES

One of the major challenges of 2016 was to achieve


progress in the fight against impunity for perpetrators
of the most serious crimes, both past and present, in
the region. Obstacles to the administration of fair and
equitable justice remain a barrier to victims rights to
truth, justice and reparation, and to the consolidation
of the Rule of Law, democratic principles and peace.

According to the United Nations High Commissioner


on Human Rights, about 20,000 murders and 4,000
forced disappearances took place in Mexico in 2016.
Authorities acknowledge a 98% impunity rate in
these cases. Documenting this violence, which in
some regions is clearly the result of crimes against
humanity committed by government officials or
criminal groups in the context of the war on drug
trafficking, remains a challenge.

Attention in 2016 also focused on the Colombian


peace process, the final agreement from which was
signed in December after four years of negotiations.
The agreement on justice and reparations for victims
provides, among other things, for the creation of
a Special Jurisdiction for Peace that will address
serious violations of human rights and international
humanitarian law perpetrated by armed and unarmed
actors. Implementation of the agreement will have to
address issues raised during negotiations regarding
this jurisdictions compliance with the obligations People protest against violence and insecurity and demand justice over the murder of
of international criminal law, since Colombia has Honduran high-profile indigenous environmental activist, Tegucigalpa, Honduras
Orlando Sierra/AFP
ratified the Rome Statute, and also regarding the
nitty-gritty of apportioning accountability to non-
state actors, such as executives of companies that
financed conflict between the army, paramilitaries The position of the International Criminal Court The role of the judicial system and its independence Moreover, the significant economic grow th
and Revolutionary Armed Forces (FARC) guerrillas, (ICC) on these two situations will be anticipated. from economic and political powers is central to experienced by Latin America since the early 2000s
for the heavy cost of an estimated 220,000 people Because Colombia is a country still under the courts the fight against impunity for the most serious has slowed down over the past three years. This
dead and 5.3 million displaced. investigation, and because the court is reviewing crimes and also to the monitoring of the recent growth, based on globalisation, rests primarily on
several communications concerning Mexico, the Panama Papers and the lava jato scandals in natural resource extraction and agriculture. It has
Office of the Prosecutor will have to justify its intent Brazil and the Odebrecht scandal, which implicate brought about some progress, specifically with the
or lack of intent to investigate these situations in the highest political authorities in Brazil, Venezuela, emergence of a large middle class in countries like
relation to scrutiny of the intent and capacity of the Dominican Republic, Panama, Argentina, Brazil. However, it has also contributed to weakening
national authorities to fight against impunity. The Ecuador, Peru, Guatemala, Colombia and Mexico, the most vulnerable populations and deepening
ICCs role on the continent may prove decisive where bribes for infrastructure project awards have inequalities in many countries, not to mention
and may address criticism targeting the lack of exceeded 700 million dollars. This phenomenon of having a negative, sometimes dramatic, impact
universality of its action. bribery and tax fraud is undermining democracy on the environment. Despite a regional context of
and the true enjoyment of human rights. economic crisis, which was aggravated in 2016, the
82 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 83
exploitation of natural resources continues to give

PRIORITY 6
rise to many social and territorial conflicts. Operating
companies are becoming increasingly involved in the
management of these tensions and the misuse of
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES: law to criminalise community leaders who oppose or
denounce the negative impact of corporate activities
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R - on the environment, the right to health, the right to
free and informed consultation, and the right to a
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS decent habitat. This phenomenon of criminalisation
is especially hard on aboriginal communities and
AMERICAS farmers, particularly in Mexico, Honduras, Columbia,
Ecuador, Peru, Brazil and Guatemala.

Finally, with populist discourse and policies now


seeking to consolidate their hold on the region
and the world, the functioning of countervailing
powers, whether in the United States or in Venezuela,
Brazil or Nicaragua, and to a lesser extent in Bolivia
and Ecuador, is all the more vital to countering
discriminatory, racist discourse and policies.

2 / FID H A N D I T S M E M BE R A N D PA RT N E R
ORGANISATIONS IN ACTION

ESTABLISHING FACTS, SENDING OUT ALERTS


AND MAKING PROPOSALS
To send out alerts regarding violent situations, Documenting the criminalisation of social protest -
the suppression of protest and impunity, with a In early 2016 FIDH published a study of the
view to punishing and influencing the behaviour criminalisation of human rights defenders in
of those responsible for the violations, FIDH and the context of industrial and natural resource
its member organisations in the Americas issued extraction projects, a phenomenon that has grown
54 press releases and open letters in 2016. These particularly alarming in Latin America; the study was
press releases and open letters were broadcast to published under the auspices of the Observatory
intergovernmental authorities and organisations and for the Protection of Human Rights Defenders, a
to protection mechanisms for the affected rights, as joint program with the World Organisation against
well as to the media, especially the South American Torture (OMCT). The report, presented at a press
press, which widely covered the transmitted news. conference in Mexico, uses specific cases in eight
countries in the region Brazil, Colombia, Ecuador,
Documenting international crimes - FIDH pressed Guatemala, Honduras, Mexico, Nicaragua and Peru
on with its campaign to document the most to show that the criminalisation of defenders who
serious crimes committed on the continent and the report human rights violations linked to corporate
responses of national courts to those crimes. For activities has become a regional phenomenon. The
example, FIDH continued its work of documenting report emphasises the key role of companies and
the most serious crimes committed in Mexico, the judiciary in criminalising defenders, despite
especially those linked to the war on drug trafficking. their obligations to uphold human rights and the
In particular FIDH gathered evidence and testimony legitimacy of peaceful social protest. Indeed, in
Reports published in 2016 from victims of serious human rights violations most cases companies are behind the criminal
perpetrated systematically and massively by security proceedings brought against defenders, and they
Americas: Criminalisation of Human Rights Defenders An Alarming Phenomenon in Latin forces and the Zetas drug trafficking group against seek the application of emergency laws such as
America the civilian population in Coahuila Province. Those anti-terrorism laws. The report also condemns
Colombia: The Human Cost of Oil: A Human Rights Impact Assessment on the Activities of violations can be called crimes against humanity. the judicial systems lack of independence and
Pacific Exploration & Production Corp in Puerto Gaitan impartiality and thus the decisive impact it has on
Honduras: Human Rights Defenders between a Rock and a Hard Place
A soldier stands by a bulk liquid FIDH also documented evidence throughout the the phenomenon of criminalising defenders.
carrier at a checkpoint in the outskirts
of Puerto Gaitan, Colombia year showing that the US. company Chiquita
Honduras: Criminalisation in Bajo Agun Partial Justice Eitan Abramovich/AFP
Brands International, Inc. (Chiquita) was complicit
Nicaragua: Government Must Revoke the Interoceanic Canal Concession
in international crimes committed by paramilitaries
in Colombia.

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C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
AMERICAS
Documenting human rights violations linked to
corporate activities FIDH continued its work
of documenting human rights violations linked
to corporate activities (see Priority 5). For example, it
conducted a study and published a report on the
Interoceanic Canal Project and other mega projects
awarded to companies owned by Chinese investor
Wang Jung in Nicaragua. The report condemns
human rights violations that have resulted and
could result from the pursuit of these mega projects.

Finally, FIDH published a report on a human rights


impact study carried out in cooperation with the
communities affected by the activities in Colombia
of the Canadian multinational company Pacific
Exploration & Production Corp. The report finds that
the oil company is violating labour rights, causing
environmental damage and negatively impacting the
survival of indigenous communities in Puerto Gaitan.

FIGHTING IMPUNITY FOR PAST AND CURRENT


INTERNATIONAL CRIMES
With the aim of supporting victims rights to justice,
preventing the commission of other serious crimes
and promoting the consolidation of the Rule of Law,
FIDH and its member organisations continued to
mobilise for the fight against impunity for perpetrators
of the most serious crimes before national courts
People gather in Osorno demanding the release of Machi Francisca Linconao, Osorno, Chile
but also, when applicable, before the International Fernando Lavoz/NURPHOTO
Criminal Court.

For example, FIDH continued to implement its


specific project concerning the fight against
impunity in Haiti, enabling it to increase its support
to Haitian victims and NGOs involved in proceedings agreements with international human rights law international crimes committed in the Coahuila 2014 judgement convicting the State of misusing
against henchmen of the former dictator Jean Claude and the International Criminal Court statute ratified region in the context of the war on drug trafficking anti-terrorist law against members of the Mapuche
Duvalier, as well as to civil society organisations by Colombia. may also be referred to the ICC in 2017. The work community. FIDH also continued to monitor the
fulfilling the duty of remembrance of past crimes in of the FIDH in pointing to Chiquitas accountability Zelaya case, which it and its member organisations
that country. FIDH organised an advocacy mission Moreover, in keeping with its campaign for the for crimes committed by paramilitaries in Colombia brought before the Inter-American Commission on
to urge diplomatic representations and the United activation of ICC jurisdiction over the most serious will also be the basis for a referral of this situation Human Rights (IACHR) against Honduras. It also
Nations to make the fight against impunity a priority crimes committed in the Americas region, FIDH to the ICC in 2017. monitored the developments of its communication
of their action and their discussions with Haitian continued challenging the Office of the Prosecutor before IACHR against Chile in the case known as
authorities. to initiate a preliminary examination on the situation Finally, in following up on its campaign to establish media prescription, to condemn the very lenient
in Mexico based, among other things, on its the accountability of States for the commission of sentences given to dignitaries of the Pinochet regime,
FIDH also closely monitored peace negotiations communication concerning international crimes serious human rights violations, FIDH, which had enabling them to go free despite their conviction.
between the Colombian authorities and FARC committed in the Baja California region. Evidence represented victims before the Inter-American Court
to examine the compatibility of the emerging and testimony gathered by FIDH concerning of Human rights, urged Chile to enforce the Courts
86 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 87
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C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
MOBILISING NATIONAL AUTHORITIES AND THE
AMERICAS INTERNATIONAL COMMUNITY FOR CONCRETE
MEASURES BENEFITTING HUMAN RIGHTS
PROTECTION
To push for concrete measures benefitting human
rights protection, FIDH supported its member
organisations in conducting advocacy and visibility
campaigns aimed at national and international
decision-makers to present the result of their
monitoring and investigation actions and to call
for the implementation of the recommendations
issued in their joint reports, position papers and
press releases. It also carried out important advocacy work to report
serious shortcomings in democratic principles and
In keeping with its campaign to document the the Rule of Law in Haiti. During a mission in February
criminalisation of social protest in the Americas, in FIDH was able to support its member organisation
particular in Honduras, FIDH supported the advocacy RNDDH (National Human Rights Defence Network)
of its member and partner organisations in that in reporting significant irregularities discovered
country with international, US. and European courts during the first round of presidential elections.
to urge them to condemn human rights violations FIDH urged influential diplomatic representations
and demand from the authorities all useful measures such as those of the United States, Canada and
to make them stop. France to use all of their influence to call for the
organisation of a new election in order to ease the
For example, FIDH, OMCT, CEHPRODEC (Honduran objections of political parties that were leading to
Centre for the Promotion of Community Development), large-scale demonstrations that threatened to turn
CIPRODEH (Centre for the Investigation and violent and paralyse institutions. FIDH also enabled
Promotion of Human Rights), COFADEH (Committee the director of RNDDH to carry out that advocacy
of Relatives of the Disappeared in Honduras) and the with the European Union courts in Brussels.
International Platform against Impunity requested
and obtained a public hearing before the Inter- REINFORCING MEMBER AND PARTNER
American Commission on Human Rights (IACHR) ORGANISATIONS ABILITY TO ACT
in Panama on the situation of human rights defenders In carrying out its programs, FIDH provided material
in Honduras. The organisations on that occasion and financial support to several of its member
challenged Honduran authorities to display real organisations for the documentation of serious
political will to stem the crisis overtaking that country. human rights violations. FIDH also supported partner
organisations in Mexico, Colombia and Nicaragua
A p a r t f r o m t h e fo c u s of i ts a d vo c a c y fo r for the implementation of activities related to the
condemnation of the criminalisation of social protection of NGOs and human rights defenders.
protest, FIDH continued to alert international and
regional courts to violent situations such as those
in Mexico and to the current status of the Colombian
peace process.

Demonstrators march in Port-au-Prince to protest against the presidential elections


HECTOR RETAMAL/AFP

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C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
AMERICAS
3/ EXAMPLES OF OUTCOMES

FIDH and its member organisations enabled or


contributed to:

The attention paid by the Inter-American Commission on


Human Rights to the reduced sentences given to military
perpetrators of crimes committed during the Pinochet
dictatorship
GLORIA MARGARITA CANO LEGUA, VICE-PRESIDENT OF FIDH:
In December 2016 the Inter-American Commission on Human Rights declared admissible
the complaint in the case known as media prescription brought in 2010 by FIDH and
AFDD (Group of Families of the Detained and Disappeared) on behalf of 48 families. This
stage is a first victory for our organisations, which hope that the IACHR will rule on the
merits to condemn the reduced sentences given to the Chilean soldiers who committed crimes against
humanity during the Pinochet dictatorship. It remains to establish case law on the issue of proportionality
of punishment for international crimes.

Release of the farmers and defenders of Bajo Agun , Honduras


ELSIE MONGE, VICE-PRESIDENT OF FIDH:
OnTuesday, 7 June, the third division of the court of first instance declared the innocence of the farmers of
Bajo Agun, who had acted to defend their cause. The offences for which they were accused and taken to
court illegal demonstrations and material damages against the State of Honduras could not be proved.
During the trial it was clearly shown that the accusations against the farmers were ambiguous and vague,
and therefore baseless.
FIDH, which had condemned the proceeding brought against the defenders and farmers and had presented
this case as a new instance of criminalisation of social protest, conducted a judicial observation mission. Demonstration to commemorate the International Day for the Elimination of Violence Against Women, Guatemala
This presence undeniably weighed in the judges consideration, as they finally ordered the release of the Johan Ordonez/AFP

defenders and farmers of Bajo Agun.

The release of defenders accused of terrorism in sent letters to judicial and governmental authorities of the European Parliament. The latter contributed the Schuar natives and reporting the negative impact
Ecuador - The community leader and land rights refuting the charges against the defenders and to the de facto suspension of the canal project, of Ecuadors extractive policies. FIDH immediately
defender Mr Manuel Trujillo, President of the San condemning the misuse of criminal law as a tool for although the company continued to maintain that mobilised for the defence of this organisation
Pablo de Amali Commune (Bolivar Province), and criminalising men and women who defend human the project would be carried out. by providing the support of a lawyer, who gave
Ms Manuela Pacheco, another commune inhabitant rights in the country. press conferences and participated in hearings
who mobilised for land and water defence, accused Victory of Accin Ecolgica against the Dissolution before administrative courts. FIDH also launched a
of organised terrorism, were finally acquitted and Suspension of an interoceanic canal project in Proceeding against It - On 19 December 2016, the mobilisation of the international community through
released by a decision of the Court in Garantas, Nicaragua - The publication of the FIDH report setting very day on which the Free Exchange Agreement advocacy actions and by issuing urgent appeals. On
Bolvar on 25 January 2016. FIDH, through the out the dangers posed to human rights protection between the European Union and Ecuador was 12 January 2017, the Ministry of the Environment
Observatory for the Protection of Human Rights by a Chinese companys planned construction of ratified, the Ecuadoran government had requested of Ecuador issued an opinion favourable to Accin
Defenders, had called attention to the Manuel Trujillo the interoceanic canal in Nicaragua received very the dissolution of Accin Ecolgica following Ecolgica, which will serve as case law for showing
case in its report on The criminalisation of social broad press coverage, including in the Asian media. the decree of dissolution of NGOs, accusing it of the governments practices.
protest against extraction projects in Ecuador and Its findings were also echoed in an urgent resolution exceeding its mandate, promoting violence among
90 F I D H ANNUAL RE PORT 2 0 1 6 FID H ANNUAL RE PORT 2 0 1 6 91
Easing the political crisis in Haiti
PIERRE ESPRANCE, SECRETARY GENERAL OF FIDH: Intense advocacy work conducted by
FIDH with influential diplomatic representations in Haiti, such as those of the United States,
France and Canada, led those countries to finally favour the scenario of organising a new
round of the presidential election. Those countries had at first opted for conducting a second

PRIORITY 6
round, despite irregularities found on polling day, protests by opposition political parties and
street demonstrations. This repositioning certainly contributed to easing tensions, allowing
the organisation of a new first round under conditions that were far better than those of the
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES: previous one and thereby giving the polling results greater legitimacy.

D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -


T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
AMERICAS
FIDH
DOCUMENTS THE
CRIMINALISATION
OF SOCIAL
PROTEST IN
HONDURAS
Berta Caceres, a militant environmentalist and
leader of indigenous rights defence in Honduras,
was murdered by heavily armed men at her home
on 3 March 2016. The news of her death moved
the whole world and shone a spotlight on the
particularly alarming predicament of activists and
defenders who report human rights violations in
that country.

FIDH helped document this situation throughout


the year in order to urge national authorities and
the international community to take action to
stem this phenomenon. In September, under the
auspices of the Observatory for the Protection of
Human Rights Defenders, FIDH published a report
on investigations it had carried out in Bajo Agun
in May and June 2016 into judicial harassment
suffered over a period of four years by twenty-
five defenders and farmers from this region who
were prosecuted for illegal demonstration and In December FIDH, still under the auspices of the
undermining State security. The report points Observatory, published a report on investigations
to serious procedural irregularities in this case, it had carried out in April and May analysing the
specifically breaches of the right to a fair trial owing overall situation of defenders in that country. The
to a dependent and corrupt judicial system. The report emphasises that attacks against defenders
report also re-examines the murder of the lawyer are committed with utter impunity. It shows that the
and human rights defender Antonio Trejo in 2012, courts, far from bringing attackers to justice, seem
which remains completely unpunished to date. to do everything in their power to quickly try cases
brought against defenders whose activities are
criminalised. The report concludes that Honduras
urgently needs a more transparent and protective
national framework that would fully recognise the
human rights of the rural population, aboriginal
peoples and LGBTI persons. Defenders who work
for these rights would thus have a better working
environment, with greater legitimacy and visibility,
particularly in an environment where disputes over
land and hetero-patriarchal stereotypes are rife.

Thousands of people participate in an Indigneous Movement demonstration demanding the resigna-


tion of Honduran President Juan Orlando Hernarndez in Tegucigalpa on June 26, 2015.
Orlando SIERRA/AFP

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C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
ASI A
1/ CONTEXT AND CHALLENGES

Grave violations of human rights and international


humanitarian law that fit the definition of international
crimes continued to be committed in many Asian
countries in the context of situations of conflict,
dictatorial or authoritarian regimes, the fight against
terrorism, wars on drugs, and large-scale investment
projects.

In 2016, the human rights situation in Asia continued to


be characterised by the adoption and enforcement of
repressive laws that are inconsistent with international
standards, a shrinking space for civil society, and
attacks against human rights defenders.

Discrimination and intolerance on the grounds of


religion or belief and sexual orientation remained
a serious challenge that many governments in the
region were unable or unwilling to address in line
with international standards.

In the context of the on-going conflict in Afghanistan,


2016 saw the highest number of civilian casualties
since statistics began to be collected in 2009, with
a growing proportion of those killed being children.

Despite increased attention from the international


community, the human rights situation in North Philippine President Rodrigo Duterte, Manila
Noel Celis/AFP
Korea failed to improve. Reports from refugees and
high-ranking defectors documented the intense
surveillance of the population, a complete absence
of freedom of expression and association, on-going
extrajudicial killings, and the presence of internment
camps.
In Burma, hopes of a successful transition to disastrous war on drugs. On numerous occasions, July 2016 illustrated the dangers of speaking out
democracy were overshadowed by large-scale Duterte, who took office in June 2016, expressed against Hun Sen.
attacks by government security forces against the absolute contempt for human rights and his countrys
Rohingya population in the northern Rakhine State obligations under international law and directly In Thailand, the military juntas repression of
since October 2016. The UN said that such attacks threatened to kill human rights defenders. freedom of opinion and expression and freedom of
could very likely amount to crimes against humanity. peaceful assembly continued. At the end of 2016,
In addition, there was no improvement in the on-going In Cambodia, members of the political opposition, approximately 40 people remained incarcerated on
conflicts between government security forces and government critics, and human rights defenders, were charges of lse-majest. The adoption of a military-
ethnic armed groups in Shan and Kachin States. increasingly targeted by Prime Minister Hun Sens drafted constitution in August 2016 ensured the
administration through the enforcement of repressive military and its proxies would tighten their grip
In the Philippines, more than 6,000 people, mostly laws and the use of courts that lack independence on power and significantly weaken democratic
from the poorer segments of society, had been victims from the executive branch. The killing of prominent institutions.
of extra-judicial killings as part of President Dutertes political analyst and government critic Kem Ley in
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C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS In Iran, activists and political leaders continue to be
silenced and imprisoned without fair trial, laws and
ASI A policies discriminating against women endured, and
the rate of executions, including of minors, reached
a record high in 2016.

In China, newly adopted legislation on counterterrorism


and the functioning of NGOs fuelled an increase
in the repression of civil society and the further
militarisation of areas such as Tibet in the name
of national security. The crackdown on lawyers
continued, with scores of lawyers being charged,
detained, tortured, and harassed.

Journalists, activists, and human rights defenders, in


Bangladesh continued to face persecution, threats,
and repression by authorities, extending to enforced
disappearances and extrajudicial killings. Newly
adopted legislation on NGO funding and other
repressive laws continued to be used to target human
rights defenders and journalists, and to limit the
functioning of independent civil society.

The space for independent civil society in India has


been rapidly shrinking. The Foreign Contribution
Regulation Act (FCRA), which fails to comply with
international human rights norms and standards,
has been increasingly used to obstruct civil societys In Pakistan, the repression of civil rights, in particular
access to foreign funding. freedom of expression and freedom of religion,
continued. The space for civil society diminished,
as human rights defenders, journalists, and NGOs
were subjected to intimidation and extrajudicial
killings. Executions of civilians, including of minors,
continued to be imposed by Pakistans military courts
for crimes including blasphemy, which carries a
mandatory death sentence.

Space for civil society remained non-existent in Laos.


In Vietnam, bloggers, human rights defenders, and
activists continued to be subjected to harassment,
physical assaults, and arbitrary detention and
imprisonment as the government tightened its grip
on key civil and political rights.

An indigenous man stands at the site of his burnt house, Rangamati, Bangladesh
Faiham Ebna Sharif/AFP

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C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
ASI A
2/ FIDH AND ITS MEMBER ORGANISATIONS IN
ACTION

ESTABLISHING THE FACTS, ALERTING THE


PUBLIC AND AUTHORITIES AND PROPOSING
ACTION
Based on information provided by its member
and partner organisations, FIDH issued 100 press
releases, open letters, and briefing papers to draw
the attention of media and intergovernmental
bodies to the human rights situation in more than
20 countries in the region. In addition, FIDH issued
58 urgent appeals under the Observatory for the
Protection of Human Rights Defenders.

With its member and partner organisations, FIDH also


organised nine international missions (fact-finding,
outreach, observation, solidarity, and advocacy)
to Bangladesh, Burma, Cambodia, Malaysia, and
Thailand. It issued investigation and situation reports
with clear recommendations on how to curb the
human rights violations it documented.

Reports published in 2016

ASEAN: Going backwards The death penalty in Southeast Asia


China: Dangers of Chinas counter-terrorism law for Tibetan and Uyghurs
Protesters rally in Bangkok aainst the lese majeste law
Thailand: 36 and counting Lse-majest imprisonment under Thailands military junta Apichart Jinakul/BANGKOK POST
Thailand: Roadblock to democracy Military repression and Thailands draft constitution

In 2016, FIDH focused its attention on the situation opposition political parties, and the perpetrators
in Thailand. were identified as members of law enforcement
FIDH also conducted a mission to document enforced agencies, including the Rapid Action Battalion (RAB),
FIDH documented violations of human rights by Thailands military junta
disappearances in Bangladesh. The objectives of the Detective Branch of police, and other members
the mission included gathering documentation on of the Bangladeshi police force.
enforced disappearances and meeting with victims FIDH remained one of the few organisations worldwide to conduct consistent documentation and
families and human rights defenders to understand FIDH also conducted two trial observation missions international advocacy on the issue of lse-majest in Thailand. The publication of the joint FIDH/
the threats they faced and how FIDH could better in Cambodia to observe judicial proceedings against UCL report 36 and counting - Lse-majest imprisonment under Thailands military junta provided
support them. Preliminary findings of the mission ADHOC former staff member Ny Chakrya. comprehensive documentation and analysis of the human rights implications of the increasing abuse of
showed that victims were primarily members of Article 112 of the Criminal Code (lse-majest) since the May 2014 military coup. The publication of the
report also resulted in the submission of six complaints on individual cases of lse-majest detainees
to the WGAD. FIDH also issued five press releases regarding the issue of lse-majest.

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MOBILISE NATIONAL AUTHORITIES AND
THE INTERNATIONAL COMMUNITY TO TAKE

PRIORITY 6
CONCRETE MEASURES IN FAVOUR OF HUMAN
RIGHTS PROTECTION
In many countries across the region, government
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES: authorities refuse to dialogue with NGOs defending
human rights. In such situations, the role of the
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R - international community is vital in order to exert
diplomatic, political and/or economic pressure on
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS governments so that they respond to the concerns
of civil society and respect their international human
ASI A rights obligations. Lobbying intergovernmental
organisations and international human rights
protection mechanisms is not always easy, as
some NGOs lack the means or the expertise to
approach these bodies. FIDH supported its member
and partner organisations to inform and mobilise
international institutions regarding human rights
violations in Asia.

FIDH and its member organisations effectively used


United Nations (UN) mechanisms to advocate for
action to address human rights violations in Asia. The communications to the WGEID on the cases of
The recommendations included in the shadow three government critics in Laos after their arrest
report submitted for the review of the Philippiness in March 2016, led to a WGEID communication
periodic report under the International Covenant on to the Lao government under its urgent action
Economic, Social and Cultural Rights (ICESCR), were procedure and the subsequent acknowledgement
echoed by the CESCR recommendations with regard by the authorities that the three were in fact held
to: human rights defenders; indigenous people, in a prison in the capital city, Vientiane.
unemployment and underemployment; working
conditions; right to adequate food and nutrition; The UPR submission on Indonesia, focusing on the
and right to adequate housing. death penalty, contributed to UN member states
making 12 recommendations concerning the
abolition of capital punishment during the review.

With regard to documentation and advocacy before


EU institutions, FIDH organised and supported the
participation of six human rights defenders from its
member and partner organisations from five [Burma,
Philippines, Iran, Malaysia, Bangladesh] countries
in five interfaces with relevant actors.

Submissions before UN Treaty bodies and quasi-judicial mechanisms:

- Before the UN Human Rights Committee (CCPR): Submission for the List of Issues (LoI) for the review
of Thailand.
- Before the UN Committee on Economic, Social, and Cultural Rights (ESCR): Shadow report for the
review of the Philippines.
- Before the UN Working Group on Arbitrary Detention (WGAD): 8 communications on cases in Cambodia,
South Korea, and Thailand.
- Before the UN Working Group on Enforced or Involuntary Disappearances (WGEID): 3 communications
on cases in Laos.
- Before the Universal Periodic Review (UPR): Submission for the review of Indonesia.

Philippino Boy-Scouts plant tree seedlings in the mountains of Puerto Princesa, Philippines
Romeo Gacad/AFP

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C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
ASI A
3/ EXAMPLES OF OUTCOMES

FIDH and its member organisations have enabled


or contributed to:

Awareness of the abuse of lse-majest in Thailand.


Relentless documentation and advocacy conducted
by FIDH on the serious human rights implications of
the ongoing abuse of Article 112 of the Criminal Code
(lse-majest) resulted in increased awareness by
the international community of this concerning trend.
FIDH has become a trusted source for timely and
accurate facts, figures, and analysis on this topic. The
report 36 and counting - Lse-majest imprisonment
under Thailands military junta, released in February
2016, resulted in eight recommendations made by UN
member states to the Thai government concerning
the amendment or repeal of Article 112 during
Thailands UPR in May 2016.

Conclusion of maladministration by the European


Commission regarding the EU-Vietnam Free and
Trade Agreement. In February 2016, the European
Ombudsman concluded that the European
Commissions (ECs) refusal to carry out a human
rights impact assessment during negotiations for
trade and investment deals with third countries
constituted maladministration. The Ombudsmans
opinion was in response to a complaint filed by FIDH
and its member organisation VCHR concerning the
European Commissions handling of the EU-Vietnam Protest outside the Criminal Court, Bangkok, Thailand
Christophe Archambault
Free Trade Agreement (FTA) negotiations. The
Ombudsmans historic decision sets an important
precedent for making human rights issues a pivotal
element of future FTA negotiations conducted by
the EC in Asia and beyond.
Denunciation by the UN Working Group on Arbitrary Denunciation by the WGAD of arbitrary detention in
Detention (WGAD) of arbitrary detention in Thailand. Cambodia. In November 2016, the WGAD declared
In an opinion issued in December 2015 and published that the detention of Ny Sokha, Yi Soksan, Nay Vanda,
in January 2016, the UN Working Group on Arbitrary Lim Mony, and Ny Chakrya, five staffers from the FIDH
Detention (WGAD) declared that the detention of member organisation Cambodia Human Rights and
Thai political activist Pornthip Munkong on charges Development Association (ADHOC), was arbitrary
of lse-majest was arbitrary. The WGAD called and called for their immediate release. The WGAD
for her immediate and unconditional release (see issued its opinion in response to a submission made
Examples of outcomes). The WGADs opinion was issued in by FIDH (in the framework of the Observatory for
response to a complaint submitted by FIDH, based the Protection of Human Rights Defenders) and its
on research conducted jointly with its Thai member member organisation Cambodian League for the
organisation Union for Civil Liberty (UCL). Promotion and Defense of Human Rights (LICADHO).
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C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
RELEASE OF
ASI A
PORNTHIP
MUNKONG AKA
GOLF SENTENCED
UNDER LSE-
MAJEST
ROSEMARY R. TRAJANO, FIDH VICE-PRESIDENT:
In Thailand, Pornthip Munkong aka Golf was released ADOPTION
on 27 August 2016, six months before the completion
of her two-and-a-half-year prison sentence on charges BY THE
of lse-majest. FIDH actively advocated for her
release through numerous actions, including by EUROPEAN
submitting complaints to the UN Working Group on
Arbitrary Detention (UNWGAD) and the UN Educational, PARLIAMENT
Scientific, and Cultural Organizations (UNESCO).
OF COUNTRY
RESOLUTIONS
DENOUNCING
HUMAN RIGHTS
VIOLATIONS
DEBBIE STOTHARD, FIDH SECRETARY GENERAL:
The EP adopted a resolution on the human rights
situation in Cambodia that incorporated many of the
demands made by FIDH and its member organisations
ADHOC and LICADHO in their interaction with EU
actors. These interactions included a submission
for an EP session on Cambodia in January 2016
and a joint briefing paper for the EU-Cambodia
human rights dialogue in May 2016. In June 2016,
the EP also adopted a resolution on the human
rights situation in Vietnam, largely based on inputs
provided through a joint FIDH-Vietnam Committee on
Human Rights (VCHR) briefing paper. Similarly, the EP
urgent resolution on the human rights situation in the
Philippines echoed concerns and recommendations
included in a comprehensive briefer provided by FIDH
and its member organisation Philippine Alliance of
Human Rights Advocates (PAHRA).

MPs attend parliamentary session in Naypyidaw


Soe Than Win/AFP

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C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
MIDDLE EAST AND NORTH AFRICA

1/ CONTEXT AND CHALLENGES

The region is plagued by a variety of conflicts and


grave crises, marked by many kinds of human-rights
violations capable of being qualified as international
crimes, as well as by a resurgence of sectarian
violence. Many populations are being forced to
move or to flee their countries owing to fighting and
a catastrophic humanitarian situation. In countries
throughout the region, grave violations of human,
civil, and political rights are being committed by
states in the name of the struggle against terrorism
and national security. National courts offer little
recourse for victims of violations; on the contrary, in
many cases they are the instruments by which those
in power pursue their attack on liberties.

In 2016, the war in Syria has continued to plunge


the population in horror. After 6 years of fighting,
the number of deaths is reputed to exceed 400,000.
UNHCR has counted nearly 5 million refugees and
9 million displaced persons. The UN has estimated
the number of persons living in 18 besieged zones
or localities at nearly 600,000, some 450,000 of
these under siege by the army. In December, Aleppo,
the countrys second city, fell under the control
A girl drinks water collected from a well in an impoverished village, Hodeidah, Yemen
of government forces supported by Russian and Abdo Hyder/AFP
Iranian troops. At the same time, Daesh was taking
back control of Palmyra. The Damascus regime has
been responsible for the overwhelming majority of
civilian deaths, by virtue of its irresponsible bombing
attacks. Grave violations of international human
rights law have also been committed with impunity
by Daesh, Shiite militias, and Kurdish military forces. In Iraq, crimes committed by Shiite militias supported At the end of 2016, Libya was still in the grip of violence opponents and civil society, in flagrant violation
The United Nations Security Council has remained by the government, notably in zones liberated from favoured by political instability. All armed groups of international conventions for the protection of
paralysed by Russian and Chinese vetoes. the Islamic State, have equalled in horror those continued to go unpunished for their violations of human rights.
committed by Daesh. The battle for Mosul was international human-rights and humanitarian law,
launched at the end of the year, leaving thousands including abductions, hostage-taking, enforced In Egypt, the rare degree of violent repression
of civilians trapped by the fighting. disappearances, arbitrary detention, acts of torture, suffered by political opponents of the regime has
murders, and attacks against civilians. continued to broaden to the whole of civil society.
In Yemen, the conflict begun in March 2015 between All forms of criticism and peaceful protest have
the government supported by the coalition under These conflicts and acts of violence, along with been penalised, while an international community
Saudi command and the Houthi Shiite rebels has the worsening jihadist threat, have been used by satisfied with President Sissis declarations on the
placed the population in a situation of unprecedented the regimes in place in all countries of the region to struggle against terrorism remains silent.
humanitarian crisis, with 10,000 civilians killed since justify extremely violent repression against political
the beginning of the coalitions intervention.
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The Israeli government too has engaged in a
systematic process of intimidation and repression
against Israeli and Palestinian civil bodies, and has

PRIORITY 6
continued its policy of developing colonies, while
a resolution of the Security Council of the United
Nations in December 2016 called upon Israel to
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES: end the colonisation of East Jerusalem and the
West Bank.
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
In Tunisia, the struggle against terrorism, which
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS plunged the country into bloody conflict in 2015
and 2016, imperils both the legal gains and rights
MIDDLE EAST AND NORTH AFRICA enshrined in the new constitution and the ratification
of international instruments. In Algeria and Morocco,
criticism of the authorities has continually been
repressed by the restriction of liberties, instances
of judicial harassment, and acts of torture.

In face of these situations, the strengthening of


civil societys capacity to protect and act, the
documentation of grave violations of human
rights, the struggle against the impunity enjoyed
by perpetrators of international crimes, and the
activation of international and regional instances for
the regulation of conflicts and crises have remained
significant challenges, as have the exposure and
denunciation of the role played by the regimes
of the Gulf States, notably Saudi Arabia, in the 2 / FID H A N D I T S M E M BE R A N D PA RT N E R
destabilisation of the region and the increasing ORGANISATIONS IN ACTION
repression of civil society.
ESTABLISHING FACTS, SENDING OUT ALERTS AND
MAKING PROPOSALS
In 2016, FIDH has published a large number of
alerts regarding violations of human rights in
the region (more than 200 press communiqus
in Arabic, English, and French), on the basis of
information communicated by its member and
partner organisations. FIDH has, besides, published
86 urgent appeals from the Observatory for the
Protection of Human Rights Defenders, covering
11 countries. The information was transmitted
to the authorities concerned, as well as to
intergovernmental institutions, mechanisms for
the protection of international and regional rights,
and the media.

Concerning Syria in particular, FIDH has produced


several press communiqus occasioned by the attack
on and siege of Aleppo by government forces and
their allies, calling for the protection of civilians and
for a ceasefire. FIDH also launched the campaign
Syria: The plight of detainees, which gives a voice
to former Syrian prisoners, with the aim of exposing
the gravity of methods of torture and illegal practices
taking place in Syrian prisons, and with a view to the
ending of such practices. FIDH has, besides, launched
a study on violations of human rights in the context
of the demographic reconfiguration operating on
Syrian territory.

Palestinian protesters during a demonstration, Ramallah


Abbas Momani/AFP

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C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
MIDDLE EAST AND NORTH AFRICA
FIDH has also made extensive contact with
activists and defenders documenting human rights
violations across the territory of Iraq. In particular,
it has approached an NGO based in Iraqi Kurdistan,
which has performed solid work in documenting
international crimes perpetrated by Daesh against
the Yezidi community.

FIDH has also instigated two studies concerning


Saudi Arabia: one on the situation of defenders of
human rights in that country, and the other on the
religious hatred distilled by its political and religious
authorities.

In the context of its #RT4Freedom campaign,


launched to throw light on the plight of defenders
imprisoned for their activities on Twitter, FIDH has
continued to document the judicial harassment
suffered by Nabeel Rajab, Deputy General Secretary
of FIDH, detained in Bahrain.

In respect of Tunisia, FIDH, at the heart of a collective


for the defence of individual liberties comprising
some forty local and international organisations, has
in particular mobilised to draw attention to violations
of the rights of LGBTQI individuals subjected to
judicial prosecution and maltreatment on account
of their sexual orientation.

Protestors clash with the police during a demonstration, Manama, Bahrein


Finally, through the Observatory for the Protection Stringer/ANADOLU AGENCY

of Human Rights Defenders, FIDH has carried out a


number of judicial observation exercises in Morocco
to document the situation of seven human rights
defenders prosecuted for their activities in support
of freedom of expression in that country, and has
continued to document the detention and torture of MOBILISATION OF NATIONAL AUTHORITIES AND certain countries, the entire absence of such dialogue In this way, constant advocacy by representatives
Sahrawi activists. THE INTERNATIONAL COMMUNITY TO PURSUE - as well as the risk of reprisals associated with of Syrian NGOs (the organisation of parallel events,
CONCRETE MEASURES FOR THE PROTECTION advocacy activities carried out by representatives meetings with ambassadors, and various mandated
OF HUMAN RIGHTS of national NGOs. special procedures), invited by FIDH to sessions of
At the heart of the activities of FIDH is support for its FIDH has supported the advocacy of its member the Human Rights Council in 2016, contributed to
member organisations in their advocacy activities, organisations and partners at the United Nations, that bodys adoption of a resolution to organise,
not merely at national level, but also regionally and more particularly at the Security Council and at its 34th session, a high-level roundtable on the
internationally: a particularly important function, the Human Rights Council, and at the European human-rights situation in Syria, to include enforced
bearing in mind the great difficulties experienced Union, in conveying their preoccupations and disappearances and arbitrary detentions, and the
in achieving dialogue between the authorities and recommendations in respect of the situations in necessity of making those responsible for violations
organisations for the defence of human rights - or, in Syria, Iraq, Palestine, Egypt, and the Gulf States. and associated breaches answer for their acts.
110 F I D H ANNUAL REPORT 2 0 1 6 FI DH ANNUAL RE PORT 2 0 1 6 111
FIDH also carried out advocacy vis--vis UN
authorities for the creation of an international

PRIORITY 6
mechanism charged with investigating violations
of international humanitarian law and violations and
abuses of human rights committed by all parties to
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES: the conflict in Yemen.

D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R - FIDH supported advocacy by Egyptian organisations


vis--vis various international and third-state
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS authorities to attract attention to the situation
in Egypt, in particular violations of human rights
MIDDLE EAST AND NORTH AFRICA committed in the context of the struggle against
terrorism, violations of fundamental liberties
such as rights of self-expression and association,
arbitrary arrests and detentions, and acts of torture
and enforced disappearances. FIDH has provided
particular support for its member and partner
organisations in an intensive process of advocacy
vis--vis the French authorities, France being an
important commercial partner of the Sissi regime. centre in Homs in February 2012, pursued as a war
Meetings were arranged in advance of President crime by the French courts by reason of the presence
Hollandes official visit to Egypt. FIDH also carried of two French journalists among the victims (the
out a shock public campaign with the aim of Bouvier-Ochlik case), in February 2016 FIDH was able
encouraging the French authorities to call on the to arrange for a witness to be heard under cover of
Egyptian authorities to respect human rights. anonymity by the magistrate in charge of the case.
In October 2016, FIDH obtained the opening of a
LITIGATION ACTIVITIES new judicial inquiry into crimes against humanity,
The activation of national and international courts in torture, and enforced disappearance, concerning
support of victims rights to justice, the sanctioning the disappearance of two Franco-Syrian citizens.
of the authors and perpetrators of crimes of the most
serious nature, and the fact of making a contribution Following its plea delivered jointly with the
to ensure that such crimes are not repeated, equally Ligue des droits de lHomme (LDH), denouncing
formed a major core of the action of FIDH in the the participation of French companies in the
region. establishment of an extensive system for the
surveillance of electronic communications, provided
In particular consideration of the total impunity to the regime of Bachar el-Assad and used to track
enjoyed by the authors of the most serious crimes down, torture, and execute opponents of the regime,
committed in Syria, and the Security Councils inability FIDH has continued to support the procedure
to submit cases to the International Criminal Court targeting the Qosmos company.
owing to the veto powers of certain of its members,
FIDH has relied on the universal competence of FIDH has moreover continued its work in support
national tribunals in pursuing its efforts to support of Libyan victims who are civil parties in the case
victims rights to justice. against the Amesys company for complicity in
torture. According to the terms of the complaint
FIDH has thus relied on its partners to maintain submitted by FIDH and LDH in November 2011, this
judicial proceedings in progress in France concerning French company and its directors are accused of
international crimes perpetrated in Syria (notably having sold to the dictatorial regime of Muammar
the preliminary inquiry opened following submission Ghaddafi surveillance equipment destined to be
of the Csar Report to the French courts, as well of aid in targeting opponents of the regime. FIDH
as the judicial inquiry bearing on war crimes that published a report in 2015, focusing on the affair and
claimed two French journalists as victims). In the the investigation in progress, with a view to calling
case bearing on the bombing that targeted the press on the court to accelerate the investigation and
make concrete progress in the interest of serving the
Libyan victims need for justice. FIDH also enabled
these same victims to travel to Tunisia to benefit
from psychological support via the assistance of
a specialist organisation.

Members of the Egyptian police special forces patrol streets, Cairo, Egypt
Mahmoud Khaled/AFP

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C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
MIDDLE EAST AND NORTH AFRICA

STRENGTHENING OF CAPACITIES OF NGOS FOR


THE DEFENCE OF HUMAN RIGHTS
In this context of conflict, crisis, and transition in the
region, the need to strengthen the active capacities
of civil society organisations was substantial. In
accordance with the objectives set out in its long-
term plan of action, FIDH has helped to respond
to this need.

FIDH has assigned a support fund to the Syrian


Centre for Media and Free Expression (SCM),
principally comprising a reinforcement of the
centres capacity to document grave violations
of human rights. SCM has long been a significant
Syrian partner organisation of FIDH, and became a
member organisation on the occasion of its most
recent congress, which took place in Johannesburg
(South Africa) in August 2016. Since the release
of its president Mazen Darwish, after four years
detention at the hands of the Syrian regime, this
support for the recovery of SCM has taken on a
strategic character, with the aim of permitting
Mazen Darwish and his organisation to play a
unifying role for the many Syrian organisations
documenting the grave violations of human rights
perpetrated in Syria since 2011. Mazen Darwish,
a distinguished defender of human rights, was,
with Razan Zaitouneh, instrumental in creating
the Violations Documentation Center (VDC) and Mazen Darwish, SCM Director welcomed at FIDH headquarters in Paris, France, by Antoine Bernard, FIDH CEO and his staff
Local Coordination Councils (CLC). The support DR

accorded to SCM has permitted the organisation


to document grave violations of human rights zones most difficult to access, FIDH has provided production of reports on the human rights situation
perpetrated in Syria, notably those related to acts logistical and institutional assistance to Al Amal, the in Iraq by Al Amal.
of sectarian, ethnic, and religious violence, and to Iraqi organisation for the defence of human rights,
collect the statements of victims and witnesses so as to reinforce its capacity to document crimes Finally, FIDH continued its suppor t for its
with a view to incriminate the perpetrators.FIDH of an ethnic, religious, or confessional character member organisation Al Haq in the securing of
has supported the establishment and stabilisation committed in Iraq. its communications and data-storage: essential
of two local councils in the east of Ghouta in Syria, preventive measures, in view of the attacks and
the councils of Zamalka and Jisreen. These local In collaboration with Al Amal, in May 2016 FIDH threats undergone by this organisation, and more
councils, founded in 2011, organise mobilisation organised a training seminar where 19 defenders generally by Palestinian and Israeli NGOs engaged
on the ground and seek to unify claims at the local of human rights in Iraq, including five women, were in the defence of human rights.
level, while above all assuring local services for the able to exchange experiences. The defenders
population. While their function is thus to distribute identified by Al Amal were trained in techniques
humanitarian aid and assure medical services, they for the documentation of crimes with a view to
also provide basic municipal services. legal action, and for securing communications
Through its network of observers present in the and data storage. This training contributed to the
114 F I D H ANNUAL RE PORT 2 0 1 6 FI DH ANNUAL RE PORT 2 0 1 6 115
ADOPTION
PRIORITY 6 OF THE
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
TUNISIAN
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
LAW
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
AGAINST PEOPLE-
MIDDLE EAST AND NORTH AFRICA
TRAFFICKING
HAFIDHA CHEKIR, VICE-PRESIDENT OF FIDH:
The bill relating to the prevention of and struggle
against people-trafficking was finally passed into law
on 22 July 2016 in plenary session of the Assembly
of the Representatives of the People. The purpose of

THE adopting this law is to fill a judicial void in respect of


people trafficking, thus fulfilling Tunisias international

OPENING OF
obligations, notably the Palermo Protocol ratified by
Tunisia in 2003. The creation of the national authority

A JUDICIAL for the struggle against people trafficking, envisaged


by this law, will permit victims, women and children

INQUIRY in particular, to break their silence concerning these


crimes, and obtain access to justice. In its report

INTO THE Le travail lgislatif lpreuve de la Constitution


tunisienne et des Conventions internationals (in French

DISAPPEARANCE only: Legislative action tested against the Tunisian


Constitution and international conventions), published

OF A FRANCO- in December 2015, FIDH had called on the Tunisian


legislature to accelerate the process of adopting this

SYRIAN FATHER
3/ EXAMPLES OF OUTCOMES important judicial instrument designed to thwart,
prevent, suppress, and punish the various forms of

AND SON IN THE


FIDH and its member organisations have enabled or people-trafficking. Representatives of FIDH urged
contributed to the following outcomes: this recommendation to the executive and legislative

The termination of the contract between the French JAILS OF BASHAR authorities on many occasions.

EL-ASSAD
telecommunications company Orange and the Israeli
company Partner on the grounds of complicity with
colonisation. The Israeli company Partner confirmed M O H A M E D A LY M O H A M E D Z A R E A , V I C E-
the termination of its contract with Orange. The PRESIDENT OF FIDH: Its a first for Europe: three
announcement came eight months after FIDH, Al French judges are instructed to inquire into the facts
Haq, and partner organisations published the report of enforced disappearance, torture, and crimes against
entitled Dangerous liaisons in Israeli settlements: humanity directly imputable to the El-Assad regime.
Orange and its shareholder the French State. The It represents a major turning point in the struggle
report denounced the indirect contribution made by against impunity for large-scale abuses, amounting to
the company Orange, via its business relationship international crimes, committed by the regime. Up to
with Partner, to the maintenance of the Israeli colonies now, these cases were surrounded by a judicial vacuum,
in the Occupied Palestinian Territory (OPT), held to Syria not having recognised the International Criminal
be illegal under international law, and contributory Court, and the Security Council of the United Nations
to many violations of international humanitarian law not having referred the case to the ICC.
and international law relating to human rights. This
announcement also follows more than five years of
pressure and requests by associations and trade
unions for Orange to take concrete measures to
ensure that it is respecting human rights.

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C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
MIDDLE EAST AND NORTH AFRICA
CONTINUING
ADVOCACY
TO TUNISIAN
AUTHORITIES IN
Rejection of the law favouring the illegal exploitation
of marble-quarries in Tunisia. On 23 June 2016, the

FAVOUR OF LAWS
provisional authority for checking the constitutionality
of legislative bills rejected bill number 57 of 2015

AND POLICIES
concerning the regularisation of the illegal situation
of marble-quarries dependent on the private domain

CONFORMING TO
of the state. At the beginning of June 2016, FIDH
had published an analysis note warning of the

CONSTITUTION
unconstitutionality of this bill, and conveyed the
gravity of such a bill to parliamentarians and to the
provisional authority for checking the constitutionality FIDH has continued with the measures of support
of legislative bills, having regard for the principles of for legislative reforms it has undertaken since the
social justice and equal access to natural resources adoption of the new constitution in Tunisia. On
provided for in the 2014 constitution. the basis of analytical judicial reports produced
by FIDH experts, many advocacy missions have
UN declaration of the arbitrary character of the been carried out vis--vis the Tunisian legislative
detention of the Egyptian human-rights defender and executive authorities for the adoption of laws
Yara Sallam. The UN working group on arbitrary in conformity with the 2014 constitution and
detention, informed by FIDH and its member Tunisias international obligations. In particular, to call for strict respect for human rights on the
organisations and partners in Egypt, declared FIDH has intensified its advocacy in favour of part of the Tunisian authorities in the context of
that the detention of the human-rights defender The adoption of a resolution of the European reforming provisions inimical to liberty in the the struggle against terrorism, and to address the
Yara Sallam had been arbitrary, and is demanding Parliament denouncing violations of human rights Tunisian penal code, as well as providing Tunisia shifts in democratic debate since the adoption
appropriate compensation. Yara Sallam works for in Egypt. The resolution passed by the European with a law proscribing violence against women and of the law against terrorism in 2015. A number of
the Egyptian Initiative for Personal Rights (EIPR), a Parliament, on 10 March 2016, particularly condemns a legislative framework protecting environmental communication tools, including an open letter,
member organisation of FIDH. In December 2014, she acts of torture committed against Giulio Regeni and rights. videos of victims of abuse and Tunisian celebrities,
was condemned on appeal, with 22 other appellants, his murder, and insists on the necessity for a rapid, and debates with public actors and the media, have
to two years imprisonment and two years police transparent, and independent inquiry. FIDH has, besides, carried out an extensive been developed in the context of this campaign
surveillance, under the provisions of the draconian campaign of advocacy and sensibilisation in the entitled No to terrorism. Yes to human rights.
law of 2013 against demonstrations. She was freed Appeal by the European Parliament for sanctions context of a collaboration between 46 national In support of its member organisations, FIDH also
by presidential pardon in 2015. against Saudi Arabia. On 25 February 2016, the and international NGOs, launched in April 2016 held an international conference in Tunis on the
European Parliament adopted a resolution calling challenge represented by respect for human rights
on Federica Mogherini, High Representative and in the context of the struggle against terrorism. This
Vice President of the European Union for questions conference organised in November 2016 was able
of security, to pronounce an embargo on arms to bring together civil-society actors, national and
destined for Saudi Arabia, owing to concerns international experts, and high-level representatives
about the humanitarian situation in Yemen. FIDH of the Tunisian authorities around one table, with
participated with several partner organisations in the aim of developing good practice to ensure
submitting to the European Parliament various conformity between the struggle against terrorism
joint communications encouraging this decision. and the essential base of rights and freedoms.

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C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
EUROPE AND CENTRAL ASI A
1/ CONTEXT AND CHALLENGES

Eastern Europe and Central Asia regional context was


marked by reinforcement of repressive legislations
and practices almost all around the region and by
the impasse in the Ukrainian crisis while fighting
continued to bring civilian deaths and strengthen the
absence of the rule of law in the occupied territories.

The struggle against the no mans lands in Eastern


Europe remained high on the FIDH agenda. FIDHs
member organisations welcomed the decision of
the International Criminal Court (ICC) in early 2016
to open an investigation into crimes committed
in Georgian Republic of South Ossetia during the
2008 war between Georgia and Russia. Along with
Georgia, the conflict in Ukraine is another case on the
ICC agenda pertaining to the fight against impunity
in territories called grey zones of International Law.

The abysmal internal human rights situation in


Russia remained overshadowed by an aggressive
external Russian policy, including in Syria.

Kyrgyzstans rapprochement with Russia, along with


the approaching Presidential elections scheduled
for autumn 2017 contributed to the deteriorating
situation in Kyrgyzstan. Despite the non-adoption of
the foreign agent bill regarding the NGOs, threats,
illegal surveillance and defamation against human
rights defenders has intensified. Human rights Destruction in eastern Ukraine
defender Azimjan Askarov was not released as DR

requested by the UN and continues to serve his In the beginning of April 2016, a new wave of armed FIDH continued to warn the EU and other relevant lawyers, media workers and artists faced continued
life sentence. The Constitutional referendum in hostilities in and around Nagorno-Karabakh in South actors about a possible deterioration. harassment. Procedural safeguards have also been
December 2016 approved a series of amendments Caucasus resulted in dozens of casualties, including In 2016, Western Europe has also witnessed suspended under the SoE, raising concerns regarding
to the Constitution that will have negative impact among civilians. Despite the constant danger of a significant deterioration in the respect for respect for international fair trial standards. In the
on human rights. exploding into a full-scale war that would potentially democracy, the rule of law (RoL) and human rights, South East, military operations launched in 2015
engage Russia and Turkey that respectively support which also constitute the founding principles of the against the Kurdistan Workers Party (PKK) following
Constitutional referendum in Azerbaijan has Armenia and Azerbaijan, the conflict continues European Union (EU). terrorist attacks continued, leading to serious human
strengthened the president and his familys grip on to attract limited attention from the international rights violations and further undermining of the
power. While some modestly positive developments community. In Turkey, the already tense political climate peace process. The response by the international
were observed, the environment remains highly rapidly escalated after last summers failed coup. community has lacked teeth, as political interests led
repressive. In February 2016, the EU lifted sanctions against In addition to restrictions to human rights and many international actors, including the European
Belarus, which managed to position itself as a fundamental freedoms, emergency legislation Union (EU) to turn a blind eye or, at best, to react
moderator in the Russia-Ukraine negotiations. created a favourable climate for further restrictions mildly, to a dramatically deteriorating situation in
However, without the government having made and led to abuse. As a result, NGOs and independent Turkey.
any sustainable improvements in its human rights media were shut down, civil servants were dismissed
record and no changes in its repressive legislation, or suspended from their positions and activists,
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PRIORITY 6 The Rule of Law has been increasingly challenged
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES: also within the EUs borders, notably in Hungary and
Poland, where democratic checks and balances have
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R - been undermined and the space for civil society
has been dramatically shrinking in recent years.
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS In response to these grave attacks against its own
founding principles in its member states, the EUs
EUROPE AND CENTRAL ASI A response has remained overall timid.

The Rule of Law and human rights have also been


threatened in 2016 by counter-terrorism laws passed
in various countries in the region following terrorist
attacks in several European cities in 2015 and 2016.

2/ FIDH AND ITS MEMBER ORGANISATIONS AND


PARTNERS IN ACTION

FACT-FINDING AND ESTABLISHING


RESPONSIBILITY
FIDH and its member organisations have continued
to attract the attention of the international
community and media to the most serious human
rights violations in Europe and Central Asia. More
than 100 press releases, open and closed letters
- for a greater impact, many were advocated in
cooperation with other international human rights
- and urgent appeals from the Observatory for
the Protection of Human Right Defenders were
published. Many were cited in international, French
and local media hereby bringing a snow-ball effect
to FIDHs efforts to not only report the violations
committed but to prevent them.

In Kyrgyzstan, the mission in the framework of the


Observatory in June 2016 was aimed at supporting
FIDH member organisations in an increasingly
deteriorating atmosphere for human rights
defenders. FIDH chargs de mission observed a
trial hearing in the case of FIDH members Tolekan
Ismailova and Aziza Abdirasulova. The mission
was an occasion to present the fact-finding report
Kyrgyzstan at a Crossroads: Shrink or Widen
the Scene for Human Rights Defenders during a
press conference and to partake in a seminar for
50 defenders from Central Asia and Russia in order
to define partnership strategies.

Aziza Abdyrasulova during a protest, Bishkek, Kyrgyzstan


RFE/RL

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PRIORITY 6
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
EUROPE AND CENTRAL ASI A

Throughout 2016, FIDH in the framework of the


Observatory organised continuous trial observation
missions to observe the retrial in appeal of human
rights defender Azimjan Askarov. In April 2016, the
UN Human Rights Committee confirmed the facts
of torture of Azimjan Askarov during the judiciary
proceedings in 2010. The trial was qualified by
the Committee as having fallen short of fair trial
standards that led the UN to order Kyrgyzstan to
release Azimjan Askarov.

Aiming to reflect on the worsening situation in


Kazakhstan, FIDH organised a trial observation
mission of the hearing against activists Max Bokayev
and Talgat Ayan. Both opposed the land reform that
the authorities tried to push forward in spring 2016.
Although the reform itself was postponed, the two
activists were sentenced to lengthy prison terms on
dubious charges.

In June 2016, FIDH in cooperation with its member


organisation in Belarus conducted a fact-finding
Turkish Security Forces carry out a counter - terrorism operation against PKK, Dyarbakir, Turkey
mission to Belarus on the issue of death penalty Stringer/ANADOLU AGENCY
application - a shocking exception on the European
continent in the 21st century. The report was presented
during a press conference in Minsk on the World Day
against the Death Penalty. The EU delegation, several
embassies and dozens of journalists attended the
press conference that resulted in a very wide media
coverage in the international and local media. In January 2016, FIDH together with EuroMed
Rights and its Turkish member organisation the
Human Rights Association (IHD), carried out a
high-level fact-finding and solidarity mission
to Turkey. The mission aimed at documenting Reports published in 2016
human rights violations, particularly in the South
East, where clashes between the military and the Belarus : Muder on (Un)Lawful Grounds
Kurdistan Workers Party (PKK) led to numerous France - Counter-Terrorism measures and Human Rights: When the Exception Becomes the Norm
casualties, including among civilians, and round- Hungary - Democracy under Threat
the-clock curfews, which in turn resulted in other Kyrgyzstan - Kyrgyzstan at a Crossroads: Shrink or Widen the Scene for Human Rights Defenders
human rights violations, including economic, social
Turkey Human Rights under Threat
and cultural rights violations. The human rights
violations observed were so severe that they led

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PRIORITY 6
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R - the organisations to venture to qualify the situation
as amounting to internal armed conflict under
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS international law.
The mission also aimed at documenting restrictions
EUROPE AND CENTRAL ASI A to human rights and fundamental freedoms since
2015 and at showing solidarity with civil society
organisations and activists targeted by the
repression. A press conference was held in Ankara
during the mission, which attracted media attention.
Following the mission, a report was published
in February 2016 (Turkey: Human Rights under
Threat), gathering its findings and putting forward
recommendations to national authorities and the
international community.

Following a fact-finding mission carried out in


October 2015 and further monitoring and research
in cooperation with local partner organisations The report exposes a systematic governmental
in 2016, FIDH published a report on the situation strategy aimed at undermining checks and
of the Rule of Law and human rights in Hungary balances and violating human rights in Hungary,
(Hungary: Democracy under Threat Six Years while progressively shrinking civil society space. It
of Attacks against the RoL) in November 2016. denounces the inconsistency between this situation
and international and European human rights and
Rule of Law standards, especially the EUs founding
principles enshrined in Article 2 TEU. The report
includes strong recommendations to national
authorities and the international community,
particularly the European Union.

Preoccupied by the extent to which Poland has been


mimicking Hungary in undermining checks and
balances and the RoL, FIDH carried out a scoping
mission to the country in 2016. The mission aimed
at gathering information on recent developments
notably constitutional amendments and changes
to the media landscape - which threatened the RoL
in Poland, and at meeting civil society actors with
a view to strengthening ties with them and better
understanding the challenges they faced.

FIDH was also on the forefront in 2016, alongside its


member organisation in France the Ligue des Droits
de lHomme (LDH) in documenting the impact that
the French State of Emergency, declared following
terrorist attacks in Paris in November 2015 and
subsequently extended, had on human rights and
fundamental freedoms (See Priority 4).

Protests against government plans for sweeping changes to Polands judicial system
Beata Zawrzel/NURPHOTO

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PRIORITY 6
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
EUROPE AND CENTRAL ASI A

MOBILISING NATIONAL AUTHORITIES AND THE


INTERNATIONAL COMMUNITY FOR CONCRETE
MEASURES TO PROTECT HUMAN RIGHTS
Advocating for change has remained the major focus
of the Desks work in 2016, by building up on yearlong
expertise, first-hand information from member
organisations and FIDH fact-finding activities.

FIDH together with local human rights organisations


managed to sustain the at tention towards
the human rights situation in Belarus, despite
largely communicated and thus purely cosmetic
liberalisation efforts by the national authorities.

In the run-up to the EU decision on lifting the restrictive


measures imposed on the Belarusian authorities and
businesses for human rights violations, FIDH together
with Belarusian human rights organisations launched
a set of advocacy and communication activities.

Although the EU Council conclusions did not


eventually include a clearly defined roadmap on
human rights improvement, the decision emphasised
that tangible steps taken by Belarus to respect
Clothes worn by death row inmates in Belarus
universal fundamental freedoms, rule of law and DR

human rights will remain key for the shaping of the


EUs future policy towards Belarus .

With no tangible steps undertaken by the authorities, Media coverage of the FIDH advocacy in Brussels mechanisms of the human rights situation in Moldova. and Donbas were to be added to the list of Soviet-
FIDH continued to urge the EU to work on such a echoed the FIDH message to the EU not to limit Following a joint submission of an alternative report long conflicts rendering disputed entities Abkhazia,
roadmap in follow-up public statements, letters and itself with vague wording, and to demand concrete for the UPR session, FIDH supported the advocacy Nagorno Karabakh, South Ossetia and Transnistria
communication pieces. changes from the Belarusian authorities. mission of its member organisation to Geneva. In inaccessible territories for effective human rights
particular, the UPR session was an occasion to shed monitoring), FIDH devoted much of its efforts to
In terms of advocacy within the UN, FIDH contributed light on the human rights situation in Transnistria advocating before the ICC. Opening an investigation
into the extension of the mandate of the UN Special region of the republic of Moldova - a grey zone of on the situation in Ukraine by the ICC and progress in
Rapporteur on Belarus, both through advocacy and international law in Europe that is increasingly being its investigation in Georgia are FIDH key objectives.
communication efforts. overlooked by key European and international human
rights mechanisms. The EU-Moldova Human Rights In Georgia, FIDH organised a mission in April 2016
Assistance to local organisations in submitting Dialogue in June 2016 served as an occasion for aimed at consulting the civil society on modalities
an alternative Universal Periodic Review (UPR) on FIDH to bring the situation to the attention of the EU. of cooperation with the ICC and advocating the
Tajikistan was followed in 2016 by an advocacy Georgian authorities on the importance of efficient
mission to Geneva, accompanying a delegation of The International Criminal Court (ICC) being one and genuine investigations of crimes on the national
Tajik NGOs advocating for concrete steps needed of the key institutions to be able to have an impact level. As for the partnership with Ukrainian NGOs,
to be taken by the government. on the arbitrariness reigning in the so-called grey apart from organising a capacity building seminar
2016 was also an opportunity to alert the UN zones proliferating in the region (recently Crimea (see Outcomes) , FIDH supported participation of the

128 F I D H ANNUAL RE PORT 2 0 1 6 FI DH ANNUAL RE PORT 2 0 1 6 129


Kharkiv Human Rights Group in the Assembly of
State Parties of the ICC in The Hague in November
2016.

PRIORITY 6 Understanding the importance of Frances role


in the EU, the EECA desk devoted considerable
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES: efforts in 2016 to bringing the situation in Russia
and Ukraine to the attention of French diplomats
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R - and politicians. FIDH assisted various partner and
member organisations in organising advocacy
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS meetings aimed at impacting the Normandy process
and shedding the light on the drawbacks of the
EUROPE AND CENTRAL ASI A Minsk agreements. Advocacy in France was often
coupled with meetings in Brussels and Strasbourg
for a more sustainable impact.

The abysmal human rights situation in Russia and


the lack of attention of worlds media thereto has led
FIDH to focus much of its work on communication
through interviews and public roundtables. FIDH
contributed to the strategic thinking together with In October 2016, FIDH participated in a Europe-wide
foreign and Russian NGOs on how to adapt ways of mobilisation against a legislative proposal aimed at
working with Russian civil society and continued significantly restricting womens right to abortion in
to develop its own methods of work with Russian Poland. The bill, which was voted down following
partners. mass protests in Poland and internationally, would
have represented a serious setback in womens
After the mission in Turkey, an event was co-organised access to sexual and reproductive rights. It also
in Paris by FIDH, EuroMed Rights and FIDHs member revealed a regional trend showing how these rights
organisation AEDH to present the missions findings tend to be restricted whenever a conservative political
to an international audience. FIDH supported its agenda is pursued. FIDH has also been involved in
members in reaching out to international bodies, advocacy at the international and particularly the EU
including EU institutions, Council of Europe bodies level, aimed at denouncing the Rule of Law setback in
and United Nations Human Rights Council and Special Poland and urging a reaction. At the United Nations
Procedures. This included support in reaching out (UN) level, it supported its new member organisation
to relevant interlocutors and material assistance PSAL in organising an advocacy visit to Geneva at
in organising advocacy visits. FIDH also engaged the occasion of Polands Universal Periodic Review
in advocacy before international organisations, by the UN Human Rights Council in October 2016.
including by disseminating information and calls
for interventions in specific cases and feeding into SUPPORT TO MEMBER ORGANISATIONS AND
country visits by, e.g., the European Parliament and PARTNERS CAPACITY TO ACT
United Nations Special Procedures. In cooperation The seminar on documenting sexual and gender-
with its member organisations, FIDH also submitted based crimes (SGBC) for Ukrainian NGOs in summer
an alternative report to the UN CEDAW, highlighting 2016 was a result of FIDH intensive networking
challenges to womens rights in the current context. and thorough analysis of gaps in terms of human
rights defenders skills. SGBC in Eastern Ukraine
FIDH has also been strongly advocating at the remain underreported and activists, lawyers and
international and especially at the EU level, for a human rights defenders investigating human rights
strong response by the EU to a systematic attack violations still lack documentation skills of these
against the Rule of Law in Hungary, up to the particular crimes, in particular when documentation
activation of the procedure laid down in Article 7 is done with litigation purposes.
TEU in response to what it believes constitutes a
serious breach of the values enshrined in Article The deteriorating human rights situation in Europe
2 TEU. FIDH also provided input to the visit carried and Central Asia in general prompted FIDH and
out by the United Nations Special Rapporteur on the Observatory to provide tailored support to
Human Rights Defenders, Michel Forst, to Hungary human rights defenders that ranged from material
in February 2016. assistance, urgent support and temporary or long-
A man walks past an unexploded rocket in in the eastern Ukrainian city of Kramatorsk
term relocation.
Volodymyr Shuvayev/AFP

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PRIORITY 6
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
EUROPE AND CENTRAL ASI A
3/ EXAMPLES OF OUTCOMES

FIDH and its member organisations made possible


or contributed to:

With respect to Crimea, in March 2016 members of


the European Parliament mobilised the EU diplomacy
on the issue of judicial harassment of the Meijlis
of the Crimean Tatar people (the representative
body of Crimean Tatars). In a letter sent to High
Representative of the European External Action
Service Federica Mogherini, Members of the
European Parliament reiterated FIDHs warning
that classifying Meijlis as an extremist organisation
will lead to further persecution of Crimean Tatars.

Leading foreign publications, including the Guardian,


BBC, Radio France International and Deutsche Welle
covered the publication of the report on the death
penalty in Belarus hereby creating a favourable
momentum for continued FIDH advocacy work
aiming at bringing about the moratorium.

In July 2016, the US State Department and the


International Labour Organisation (ILO) joined FIDH
in its call for a thorough reform of State policies in
Belarus to end all forms of forced labour, including
repealing abusive laws and presidential decrees.
Previously, FIDH and its member organisation in
Anti-government protest held in Budapest
Belarus presented the UN structures, including ILO, Mehmet Yilmaz/ANADOLU AGENCY
their investigative report on forced labour in Belarus.
In its turn, the ILO echoed FIDH recommendations
that prompted the US State Department to pay
particular attention to state-sponsored forced Criminal Court, after 156 days in pre-trial detention.
labour in its country report 2016. In Azerbaijan, human rights defenders who were The decision by the European Commission to The adoption by the United Nations Human Rights
main targets of the FIDH communication and activate and take to the last stage the EU Rule of Law Council of concluding observations on the occasion
advocacy campaign were released. In addition to Framework against Poland following constitutional of Polands Universal Periodic Review, which
the release of 15 political prisoners in March 2016, reforms that the Commission considered could reflect FIDH Polish member organisation PSALs
Intigam Aliyev and Khadija Ismailova were released threaten the Rule of Law in the country, as well as the recommendations as expressed in its parallel report
in April and May, a victory FIDH has contributed to. adoption by the European Parliament of resolutions to the HRC.
on the situation in Poland. These decisions follow
In Turkey the conditional release from custody of intense advocacy carried out by FIDH at the EU
human rights defenders and lawyers Ramazan Demir level on the need for a strong response by the EU
and Ayse Acinkli was confirmed by Istanbuls High to attacks to the Rule of Law and human rights in
its member states.

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MOBILISATION
OF THE
INTERNATIONAL
PRIORITY 6 COMMUNITY
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES: AROUND ATTACKS
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R - TO THE RULE
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS OF LAW AND
EUROPE AND CENTRAL ASI A HUMAN RIGHTS
IN HUNGARY
DA N VA N R A EMDONCK , FIDH SECRE TA RY
GENERAL:
The FIDH report of its mission of investigation,
published in November 2016, concludes to a serious
deterioration of the Rule of Law and human rights in
Hungary, which undermines democratic principles
and violates Hungarys obligations under international
and European law. It urges the European Union (EU) to
intervene and react strongly to this attack against its
founding principles by activating the mechanisms it has

SPECIFIC
at its disposal, namely the EU Framework to strengthen
the Rule of Law and, in case this should not prove

ATTENTION
sufficient, the procedure laid down in Article 7 TEU.

OF THE
FIDH engaged, individually and in cooperation with
other international NGOs, in advocacy at the European

EUROPEAN
Commission, European Parliament and Council level,
contributing to the debate and providing input to on-

PARLIAMENT ON
going processes aimed at scrutinising the respect by
Hungary for its obligations under the treaties. It led in

HUMAN RIGHTS
particular the European Parliament to reopen the debate
and follow-up on previous resolutions adopted between

IN DISPUTED
2011 and 2015. At the European Commissions level,
Hungary was discussed at the ECs annual colloquium

ENTITIES
on fundamental rights, focusing on media freedom, to
which FIDH participated.
ARTAK KYRAKOSYAN, FIDH VICE-PRESIDENT:
At the UN level, FIDH provided input into country visits As a result of persistent FIDH advocacy focus on
by UN special procedures, such as the UN Special human rights problems in disputed territories, the
Rapporteur on Human Rights Defenders upon his European Parliament published a study in April 2016
visit to Hungary in February 2016, whose preliminary on frozen conflicts in the EU neighbourhood, building
findings took into account FIDHs input. on a report by FIDH. The study came out shortly after
an FIDH-organised hearing on the issue in the EU
FIDH also provided input to reviews and analyses Parliament in 2015. It is vital to continue raising the
conducted by other international organisations and issue of the growing isolation in these territories where
bodies, including the Council of Europe and the no efficient monitoring of human rights situation is
Organisation for Security and Cooperation in Europe, possible today.
looking in particular at challenges to the Rule of Law
and at the shrinking space for civil society in Hungary.
FIDH has also been vocal in denouncing the situation
in public and private media, with a view to raising
awareness among the public and decision-makers and
prompting a reaction at the international level. This
included numerous interviews for printed, broadcast
and on-line media, actions on social media and the
Crimean Tartars, Lviv, Ukraine
Yuriy Dyachyshyn/AFP participation in public debates on the situation.

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PRIORITY 6
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
SUB-SAH ARAN AFRICA
1/ CONTEXT AND CHALLENGES

In 2016 news from Sub -Saharan Africa was


especially marked by the intensification of the threat
of terrorism, the continuation of armed conflict
responsible for massive crimes, and elections that
confirmed the difference in levels of democracy
throughout the continent. The drop in the price
of raw materials, and economic growth that for
the first time in ten years was below two percent,
also weakened the capacity of the States and the
African inter-governmental bodies to respond to
the challenges of migration, African continental
governance, and collective security.

Mass conflicts and violence, especially caused by


the activities of armed terrorist groups, continued to
spread from West Africa to the horn of East Africa,
without sparing Central Africa. In the Sahel region,
fundamentalist and jihad groups sought to control
more land to establish caliphates and make way for
their criminal activities. Attacks in Burkina Faso and
intensified attacks against civilians and national and
UN troops in Niger, central Mali, northern Nigeria and
Cameroon, and in Chad, evidence the determination
of these groups to continue destabilising the states
in the region. One of the major challenges in the
fight against terrorism is the response of the States,
People from Thonyor, South Sudan, examine photographs of former residents of Thonyor now living in Internally Displaced People (IDP) camps across the country.
the international community and especially the Albert Gonzalez Farran/AFP
African Union, not only to the need to protect civilian
populations but also to the need to respect human
rights and to fight impunity for the most serious were internally displaced and one million sought under the control of about 15 armed groups, with CAR since 2012 but by end 2016 had not yet issued
crimes. refuge in neighbouring countries. Civil society is fluctuating alliances, that continue committing any arrest warrants.
calling for the creation of a hybrid court in South crimes and seriously violating the human rights of
In South Sudan the 2015 peace agreement did not Sudan to prosecute the persons responsible and the civilian populations subjected to their arbitrary In 2016 Burundi sunk irreversibly into the crisis that
produce the expected results and fighting broke out the perpetrators of these crimes. practices. By the end of the year the country had started in 2015 when President Pierre Nkurunziza,
again in July 2016, especially in the capital, Juba. 700,000 displaced persons and refugees, and five in a manner that was considered unconstitutional,
Other regions of the country suffered from crimes In Central African Republic (CAR) the election of million people in need of humanitarian aid. Since forcibly ran for a third term of office. The brutal
against humanity, including sexual crimes. By the President Ange Flix Touadera in February 2016 2013, NGOs have been documenting the numerous repression of protests in 2015 continued as the
end of 2016, the estimated death toll for the three did not restore peace over the whole country, which crimes and have actively worked on operationalising regime, described by FIDH in November 2016 as one
years of fighting was 50,000 dead and 2.6 million remained divided as the departure of the French the Special Criminal Court (SCC) that was created of repression and genocidal dynamics, became
had fled from their homes, of which 1.6 million Sangaris troops fuelled confrontation between in 2015 to judge the perpetrators of international increasingly radical. The results of one and a half
MINUSCA forces and myriad armed groups, crimes committed in CAR since 2003. The actions years of crisis were alarming: more than 1000 people
offshoots of the ex-Seleka and the anti-Balaka. of the court should be complementary to those were killed, 8000 arrested, 300 to 800 disappeared,
In November 2016, a new wave of violence broke of the International Criminal Court (ICC), which and hundreds of people were tortured. Women were
out, and the country is still divided into territories opened an investigation into crimes committed in not spared; hundreds of them were the victims of

136 F I D H ANNUAL RE PORT 2 0 1 6 FI DH ANNUAL RE PORT 2 0 1 6 137


sexual violence. By the end of 2016, more than
310,000 people fled the country to find refuge in
Tanzania, Rwanda, Democratic Republic of Congo

PRIORITY 6
(DRC), and Uganda. The radicalisation of the regime
became clear at the international level when Burundi
withdrew from the International Criminal Court,
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES: and suspended relations with the United Nations
as the result of a report that expressed concern
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R - about the risks of genocide and the total lack of
participation of the Bujumbura authorities in any
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS political dialogue held under the auspices of the
regional community. If the international community
SUB-SAH ARAN AFRICA does not act, the Burundi nightmare behind closed
doors will continue, relegating further to the past Elections in Africa have advanced democratic
the Arusha Peace Agreement that ended the civil forces but rarely democracy. In 2016, there were
war and tried to pave the way for a diverse society. 26 elections, including 15 presidential elections.
Except for the elections in CAR and The Gambia,
The fight against impunity is still a major challenge all the elections deemed sensitive were marked by
in the fight for victims rights to justice, and for serious incidents. Fraud, lack of transparency, or
the attainment of reconciliation goals, thereby manipulation by the ruling parties to keep power
contributing to a lasting settlement of crises and were common in the elections in Equatorial Guinea,
conflicts. With this in mind, the successful trial in Republic of Congo, Gabon, Chad and Djibouti.
Senegal of Hissne Habr, former president of Chad, Some elections, i.e. Gabon and the Republic of
and the few advancements like the opening of Congo were also marked by post-electoral violence
the October 2016 trial against the ex-President Haya and repression to enforce the acceptance of
Sanogo, the leader of the putsch in Malicannot unacceptable outcomes. In Democratic Republic
obscure the tremendous desire and need for justice of Congo (DRC), neither the presidential elections
on the African continent. Plans for the special penal nor the general elections were organised, thus
court in Central African Republic and the hybrid court leading the country into a period of uncertainty and
in South Sudan reflect this need. Credible trials for turmoil, aggravated by new and numerous outbreaks
the 28 September 2009 massacre in Guinea and for of conflict throughout the country. This alarming
the crimes perpetrated during the post-electoral picture of the state of democracy, particularly in
crisis in Cte dIvoire as well as the numerous crimes Central Africa, is somewhat offset by the progress
committed by the jihadist terrorist groups in the made by democratic forces; social, citizen and
Sahel constitute a major challenge for FIDH in human rights movements have succeeded in uniting
Africa, given that such trials are the basis for the and actively demanding the right to freely choose
consolidation of the rule of law and stability. If the their leaders.
country, on its own, lacks the will or the capacity to
render justice, unimpeded action by the ICC must Considering this context, the African Union has
be encouraged and mixed tribunals should be set not lived up to expectations nor really developed
up, e.g. in South Sudan, CAR and DRC. its capacity to settle conflicts and crises on the
continent. Nor has it effectively supported the
principles of democracy and the fight against the
impunity of the persons guilty of the most serious
crimes. Furthermore, this pan-African organisation
must stand up against the authoritarianism of
regimes such as the ones in Eritrea, in Ethiopia
where the vast Oromo and Arama demonstrations
were violently repressed, and in Swaziland where
fundamental freedoms are almost non-existent.
To face these situations, the African Union must
continue to be open to talking and working with civil
society whose role as a countervailing power has
grown steadily over the last 15 years throughout
the continent.

Malian military Amadou Sanogo (C) arrives at Bamako airport.


Issouf Sanogo/AFP

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PRIORITY 6
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
SUB-SAH ARAN AFRICA
2 / FID H A N D I T S M E M BE R A N D PA RT N E R
ORGANISATIONS IN ACTION

In 2016, FIDH and its member organisations in


sub-Saharan Africa carried out 25 fact-finding,
advocacy and judicial missions in 16 sub-Saharan
African countries, and published nine reports and
situation papers, 118 press releases and 43 urgent
appeals from the Observatory for the Protection of
Human Rights Defenders concerning 17 African
countries. Through its four offices and regional
representations in Africa, FIDH provided constant
support to its 40 member organisations and dozens
of partner organisations that represent thousands
of human rights defenders across the continent.

Fact-finding and establishing responsibility

Reports and position/situation notes and papers


published in 2016

Djibouti: Political stalemate and increased repression


four months from the presidential elections (FR/EN)
Mali: La paix lpreuve de linscurit, de limpunit
et de la lutte contre le terrorisme (FR) FIDHs Africa team and its member organisation, An activist protests in Nairobi, Kenya
Tony Karumba/AFP
CAR/ICC: Bemba at the ICC: 15 years of FIDH action, ITEKA, carried out a major fact-finding mission
from the field investigation to the Prosecutors on the situation in Burundi in March 2016 on the
conclusion (FR/EN) situation in Burundi where a violent political and
African Court: Admissibility of complaints before human rights crisis had been underway for close a fictitious film on Genocide in Burundi and a completely on security measures, gradually evolved
the African Court: FIDH publishes a practical guide to a year following the announcement by President petition, the aim being to make the African and UN into an attempt to limit the counterproductive effects
(FR/EN/AR/PG) Pierre Nkurunziza that he would run for a third bodies and the International Criminal Court aware of of its action. Without managing to completely end
Africa: Documenter les violations des droits humains term of office. Our organisations carried out their the urgent need to implement decisions that could the human rights violations inherent in actions by
et accompagner les victimes dans leur qute de inquiries in Uganda where many Burundians had stop this deadly cycle of violence. the security forces, Niger is certainly the country in
justice (FR) taken refuge and in Burundi to compile information the region with the most interesting and complete
Burundi: Repression and genocidal dynamics in on the political and security situation, the nature of In the Sahel, in May 2017 FIDH carried out a fact- approach to the fight against terrorism.
Burundi (FR/EN) the crimes committed, and the identity of the guilty finding mission in Niger, in the heart of Boko Harams
Mali/ICC: Affaire Al Mahdi devant la CPI : la FIDH person. The FIDH chargs de mission recorded area of operation, on crimes perpetrated by this In Mali since 2013, FIDH and the Association
et lAMDH soumettent des observations sur les victims and witnesses testimony of murders, group and the reactions of the countries in this malienne des droits de lHomme (AMDH) have been
rparations (FR) forced disappearances, acts of torture, arrests, region to the terrorist threats to Nigeria, Cameroon, regularly documenting crimes perpetrated during
Burkina Faso: Rapport alternatif devant le Comit arbitrary detentions, threats, and other acts of as well as Niger. Interviews with victims, perpetrators the conflict in the north, centre and south of the
des droits de l'Homme des Nations Unies (FR) intimidation. They provided detailed analytical of the crimes, and national, local and regional country in an effort to contribute to analysing the
South Sudan: South Sudan: Continued fighting must information in a fact-finding report published in leaders of the fight against terrorism indicated crimes and to the national and international legal
not derail hybrid court to try war crimes (FR/EN) November 2016 entitled Repression and Genocidal that Boko Haram was undergoing top-to-bottom proceedings involving over 150 victims who receive
Dynamics in Burundi. Alongside the publication of restructuring and that religious extremism would their assistance. In a situation report entitled Mali:
this report, an international campaign was launched continue its destructive effects. The reaction of peace threatened by insecurity, impunity and the
called #StopThisMovie, focused on the trailer of the Niger authorities, which was initially focused fight against terrorism, FIDH and AMDH expressed
140 F I D H ANNUAL REPORT 2 0 1 6 FI DH ANNUAL RE PORT 2 0 1 6 141
their concerns about the level of violence that is
still going on in the country, eight months after
the peace agreement was signed, as well as about

PRIORITY 6
the impact of the fight against terrorism and the
continued impunity for the perpetrators of the most
serious crimes committed since 2012.
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
FIDH litigation in Africa involves the Litigation
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R - Action Group (LAG-Africa) composed of 40 lawyers
actively representing 1015 victims in 39 cases before
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS the national courts in nine African countries. The
coalition of lawyers from Africa and other continents
SUB-SAH ARAN AFRICA provides legal and strategic support for victims of
grave violations committed, for instance, in Guinea
(2007, 2010, massacre of 28 September 2009), Cte
dIvoire (2010-2011 post-electoral crisis), Central At the regional level, FIDH is involved with litigation
African Republic (crises since 2003), DRC (the connected to the African regional mechanisms.
Chebeya-Bazana case), Rwanda (Tutsi genocide), For instance, FIDH and its member organisations
and Congo (The Brazzaville Beach disappeared). referred cases to the African Court of Human and
Peoples Rights concerning Cte dIvoire, workers
In February 2016 FIDH published a practical guide on poisoned by lead in Mali, and freedom of assembly
documenting grave violations of human rights and of the FIDH member organisation in Rwanda. FIDH
strategic support for victims going through judicial also prepared a handbook for individuals and
procedures. This guide describes a practical method NGOs that wish to refer to the African Court. One
for identifying, listening to and accompanying communication is still pending before the African
victims of human rights violations in their quest Commission for Human and Peoples Rights on the
for truth and justice. annes de plomb (years of lead) in Algeria.

At the international level, FIDH teams contributed


THE PURPOSE

Source: Ministre de la Justice du Mali.


to ICC analyses and investigations on situations
and cases in Cte dIvoire, Central African Republic,
OF THIS GUIDE Guinea and Mali through reports, communications
and advocacy. Coordinating with organisations in
IS TO IMPROVE the field, FIDH is the only civil society organisation
implementing an active strategy in favour of
THE DAILY complementarity between the International Criminal
Court and the national courts dealing with mass
INVESTIGATIVE WORK crime cases.

OF NGOS AND EQUIP


ADVOCATING RESPECT FOR THE RULE OF LAW,
THEM TO PROVIDE THE PRINCIPLES OF DEMOCRACY, AND THE
FIGHT AGAINST IMPUNITY
ASSISTANCE TO
During 2016, the FIDH Africa desk deployed 12
VICTIMS OF THE MOST national advocacy missions to nine countries and
to regional and international organisations. Close
SERIOUS CRIMES IN to 50 representatives and staff from FIDH and its
member organisations, together with chargs de
THEIR QUEST FOR mission, were sent to Guinea, Cte dIvoire, Mali,
Central African Republic, Burkina Faso, South
JUSTICE. Africa, Kenya, and Niger, and to the African Union
CLMENCE BECTARTE, LAWYER AND (African Commission for Human and Peoples
COORDINATOR OF THE FIDH LITIGATION Rights, the African Union Commission, the African
ACTION GROUP Court of Human and Peoples Rights, COREP), the
United Nations (Security Council, Human Rights
Council, committees, OHCHR, field missions), the
European Union (country delegations, parliament,
the council), and the Organisation Internationale
de la Francophonie (OIF).

142 F I D H ANNUAL RE PORT 2 0 1 6 FI DH ANNUAL RE PORT 2 0 1 6 143


PRIORITY 6
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES:
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R -
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS
SUB-SAH ARAN AFRICA
National and international advocacy notably SUPPORT FOR CIVIL SOCIETYS CAPACITY TO
concerned crises (CAR, Mali, Sudan, South ACT AND WIELD INFLUENCE
Sudan, DRC, etc.), and solutions supported by our
organisations in response to the crises (including The 39th FIDH World Congress, which was held in
litigation, technical and political recommendations, Johannesburg (South Africa) from 23 to 27 August
instruments of investigation and accountability, 2016, added strength to the human rights movement
joint strategies). FIDH is pursuing and expanding in the region and was an extraordinary moment for
its presence at the African Union, especially at AU the 184 FIDH member organisations. The Congress
Summit meetings. and its Forum were organised by FIDH together
with its member organisations from South Africa
For FIDH, advocacy is the time to give voice to the (Lawyers for Human Rights), Zimbabwe (ZimRights)
human rights defenders working in the field. It also guidelines and recommendations, that should be and Botswana (Ditswanelo); more than 50 activists
provides a synthesis of civil societys thoughts on adopted in 2017 by the bodies in charge of promoting from these three countries participated. Four
the continents present and future challenges. In and protecting human rights, should enable the preparatory missions to South Africa, Zimbabwe
July 2016, for instance, FIDH and the Conference States to implement effective, well-adapted policies and Botswana and a situation paper on democracy
of INGOs of the Organisation Internationale de la and structures that can reduce the sexual crimes in southern Africa, also provided support for the
Francophonie brought together in Dakar (Senegal) 30 rate and provide better coverage for the victims. civil societies and defended their perspectives of Concerning regional litigation, FIDH held a series of
human rights and womens rights organisations and the region. training sessions in Cte dIvoire, Mali and Burkina
citizens movement from 20 countries to adopt a road International advocacy for Africa mainly sought Faso for national NGOs and lawyers to select cases
map for change through elections in Africa and again to draw the attention of the African Union and the FIDH continued its programmes to strengthen to bring before the African Court of Human and
recognised the #MyVoteMustCount campaign as the UN Security Council in New York to the critical NGOs capacity for action, especially the fight Peoples Rights. The purpose was to increase the
framework for international mobilisation. Another situations in Central African Republic, Mali, the against impunity for the most serious crimes in number of cases before this new Court and to train
example of this mobilisation occurred in March 2016 Sahel, Sudan and South Sudan. As for the forgotten Mali, Guinea, CAR and Cte dIvoire. FIDH national NGOs and lawyers to accompany the victims. In
when FIDH sent an advocacy mission to Burkina conflicts, FIDH has been carefully monitoring the offices located within the premises of the member November 2016 in Kampala (Uganda), a training/
Faso that met with 50 representatives of Burkina civil situation in Burundi. For this purpose interfaces have organisations in these countries have strengthened information-sharing workshop was held for 10
society organisations to draw up a human rights road been held in New York and in Geneva with the UN the national organisations. Staff training on NGOs and 20 lawyers focusing on the use of the
map to transmit to the countrys authorities. The Human Rights Council and its special procedures documenting human rights violations, advocacy tools of regional recourse to fight sexual violence in
FIDH representatives also met with the judicial and and treaty bodies. FIDH and its partners provided and organisational administration are an integral Africa. These training sessions were based mainly
political authorities and members of the opposition, analytical information, presentations and briefs to part of these programmes. on a specially produced practical guide entitled
and informed them of the recommendations made these organisations. Admissibility of complaints before the African Court
by national civil society concerning the fight against The Africa team and the Litigation Action Group that was published in four languages.
impunity, judicial reforms, womens rights, and the Advocacy by FIDH and its member organisations (LAG) held a strategy workshop in October 2016
fight against terrorism. In July 2016, FIDH and its thus was able to contribute to the renewal of the in Grand-Bassam (Cte dIvoire), attended by 40 The impact of these training sessions has been that
member organisation the Mouvement burkinab United Nations missions mandates in Central lawyers, staff members and activists involved in the FIDH member organisations, with FIDH support,
des droits de lHomme et des Peuples submitted an African Republic and Mali. Input from civil society legal cases concerning the most serious crimes have referred violations of the African Charter on
alternative report on the situation in Burkina Faso organisations made it possible to emphasise: in Mali, Guinea, CAR, Cte dIvoire and DRC. The Human and Peoples Rights, especially in Cte
to the United Nations Human Rights Committee. enhanced procedures for the protection of civilians, workshop provided an opportunity to establish dIvoire, Mali and Rwanda, to the African Court of
the fight against impunity for the perpetrators of modern, tangible strategies for the judicial Human and Peoples Rights.
To participate in fighting violence against women, the most serious crimes, the assessment of the proceedings currently underway in some of these
FIDH joined the African Commission for Human and response levels of the UN mission, the evaluation countries, and also to consider concrete actions on
Peoples Right (ACHPR) in preparing guidelines on of the implementation of the Mali peace agreement, a variety of issues such as reparation, future trials,
how the States should handle sexual crimes. These and new dynamics in human rights violations penal strategies, and the complementarity between
(Central African Republic and Mali). national courts and the International Criminal Court.

144 F I D H ANNUAL RE PORT 2 0 1 6 FI DH ANNUAL RE PORT 2 0 1 6 145


TODAY, AFTER
MANY YEARS
PRIORITY 6 OF A POLITICO-
C O NFL I CTS , C LO SED A ND TR A NSITIO N CO U NTR IES: LEGAL DRAMA,
D E FE ND I NG D E M O CR ATIC PR INCIPL ES A ND SU PPO R - AN AFRICAN COURT
T I NG V I CT I M S O F THE MO ST GR AVE VIO L ATIO NS HAS JUDGED AND
SUB-SAH ARAN AFRICA SENTENCED THE
FORMER HEAD OF AN
3/ EXAMPLES OF OUTCOMES AFRICAN STATE AND
In 2016, FIDH and its member organisations have HAS SHOWN THAT,
contributed to:
REGARDLESS OF THEIR
The opening of the ICC investigation on the situation
in Burundi OFFICIAL DUTIES, NO
The multifaceted action of mobilisation of the FIDH
and its member organization ITEKA contributed PERSON RESPONSIBLE
to the opening of a preliminary examination of the
International Criminal Court on the situation in FOR INTERNATIONAL
Burundi and to the investigation report of the UN
Experts who raised concerns about the risks of CRIMES CAN ESCAPE
genocide in Burundi. FIDHs investigative work,
which resulted in extensive media coverage of THE ARM OF THE LAW.
more than 3,000 articles, TV shows, news agency ASSANE DIOMA NDIAYE, LAWYER FOR THE Sidiki Toumba Diakit arrested in Senegal in the
reports, interviews and debates, helped to publicise On 27 September 2017, the International Criminal VICTIMS, FIDH LAWYER AND PRESIDENT 28 September 2009 massacre case in Guinea
a conflict that had been ignored. Court sentenced Ahmad Al Faqi Al Mahdi, alias Abou OF LSDH (SENEGAL). On the run for seven years after attempting to
Tourab to nine years in prison for his involvement in assassinate the putschist leader and former
the destruction of mausoleums in Timbuktu. FIDH president Moussa Dadis Camara, Captain Aboubacar
The fight against impunity for the perpetrators of and AMDH, who had contributed to Malis referral to Sidiki Diakit known as Toumba was arrested in
the most serious crimes committed in Mali the ICC in 2012 and to denouncing the role of Abou Dakar on 16 December 2016. An international arrest
The investigations and support for the victims of the Tourab as one of the leaders of the Islamic Police of warrant had been issued against him for his alleged
most serious crimes contributed to the opening, on Timbuktu, were pleased with the important verdict role in the 28 September 2009 stadium massacre.
30 November 2016, in Mali of the trial of the former that acknowledged the impact of the destruction Our organisations had informed the Guinean and
putschist president Amadou Haya Sanago. The head on the local populations. Senegalese authorities several months earlier about
of the military junta, who seized power in March the presence of Toumba in Senegal. His arrest
2012, was tried together with 17 co-defendants, FIDH and AMDH actions for Mali in 2016: four is an important victory that should contribute to
including high-ranking Malian military officials, international missions, 15 press releases, and establishing where responsibility lies in this major
for the abduction and assassination of 21 soldiers three advocacy notes that generated 1982 media event of recent Guinean history.
loyal to the ousted president. FIDH and AMDH are responses.
providing support and are representing the families This arrest adds to the victims hope to learn more
of the assassinated military men. After eight days Chadian dictator Hissne Habr sentenced for about the circumstances of the 28 September
of hearings, summarised daily by our teams, the crimes against humanity 2009 massacre and who was responsible. We hope
trial was suspended. It should be resumed in 2017. On 30 May 2016, the former Chadian dictator that the confrontation of Toumba with the other
Hissne Habr was sentenced to 25 years in suspects will contribute to establishing the truth.
prison for crimes against humanity, war crimes Asmaou Diallo, President of the 28 September
and torture, in particular sexual violence and rape, victims association, AVIPA.
by the Extraordinary African Chamber (EAC). This
exemplary verdict brought an end to 20 years of
fighting and commitment by FIDH and its member
organisations in Chad and Senegal for and alongside
the victims.

146 F I D H ANNUAL RE PORT 2 0 1 6 FI DH ANNUAL RE PORT 2 0 1 6 147


FINANCIAL REPORT 2016

FINANCIAL REPORT 2015


EXPENSES EXPENSES

9.4% 5.5% 1.1%


14.6% 11.4% 0.9%
3.8%
1.8% 9.1%
EURO EURO
5.1% 7%
7.5% 9.4% Supporting human rights defenders 820805 5.2% 5.5% Supporting human rights defenders 380 768
3.8% Promoting and protecting womens rights 334494 1.1% Promoting and protecting womens rights 73 930
6.5% 4% 1.8% Promoting and protecting the rights of migrants 154706 7.2% 0.9% Promoting and protecting the rights of migrants 63 130
7.5% Promoting the administration of justice and fight 9.1% Promoting the administration of justice and fight
659023 627 547
against impunity against impunity
4% Strengthening respect for human rights in the context of 5.2% Strengthening respect for human rights in the context of
349527 356 647
globalisation globalisation

13.6% 33.8% Defending democratic principles and supporting vic- 22% 30.4% Defending democratic principles and supporting vic-
tims of the most grave violations in conflict, closed countries 2958830 tims of the most grave violations in conflict, closed countries 2 093 072
or countries in transition or countries in transition
33.8% 30.4%
13.6% Strengthening FIDH network 1190927 22.2% Strengthening FIDH network 1 523 271
6.5% Strengthening external mobilisation 566244 7.2% Strengthening external mobilisation 498 246
5.1% Logistical costs for actions 443411 7% Logistical costs for actions 478 890
14.6% Fundraising, accounting, human resources and admi- 11.4% Fundraising and administrative costs (including provi-
1277996 780 928
nistrative costs (including provisions: 1.3%) sions: 1.1%)

Total Expenses* 8755963 Total Expenses* 6 876 429

* excluding dedicated funds * excluding dedicated funds

INCOME INCOME
0.2%
4%
7% 2.6% 4.6% 0.4%

20.7% 34.7%

69.5% 56.3%

EURO EURO

2.6% Membership fees and contributions 228262 4% Membership fees and contributions 265 411

69.5% Earmarked grants and donations 6187378 56.3% Earmarked grants and donations 3 737 968

20.7% Non-earmarked grants and donations 1846331 34.7% Non-earmarked grants and donations 2 302 983

7% Other income 623812 4.6% Other income 306 832

0.2% Financial and extraordinary income 18708 0.4% Financial and extraordinary income 26 303

Total Income* 8904491 Total Income* 6 639 497

* excluding dedicated funds * excluding dedicated funds

148 F I D H ANNUAL RE PORT 2 0 1 6 FI DH ANNUAL RE PORT 2 0 1 6 149


ACKNOWLEDGEMENTS

Foundations, associations and other institutions

Ford Foundation, Sigrid Rausing Trust, Open Society


Foundations, Bread for the World, Oak Foundation,
Humanity United, John and Catherine MacArthur
Foundation, Fondation de France, Network for Social
Change, Rockefeller Brothers Fund, Trust Africa.

Corporations

Agence Babel, BCRH & Associs, Carrefour, Caisse


FIDH would like to thank the institutions, foundations des dpts et consignations, Domplus, Herms
and corporations that support its actions, in Sellier, Kering, Agence Limite, La Banque Postale,
particular: La Banque Postale Asset Management (LBPAM),
Lagardre Active, LVMH, Macif, Petit Bateau, Saatchi
International and national institutions & Saatchi , Twitter France, Ubisoft, Unibail Rodamco,
We Are Social.
European Commission, Ministry for Foreign Affairs
of Finland, Swedish International Development FIDH would also like to thank: the Support Committee,
Cooperation Agency (Sida), Ministry of Foreign chaired by Denis Olivennes; its interpretors,
Affairs of Norway, Ministry for Europe and Foreign translators and other volunteers; as well as all
Affairs of France, Ministry of Foreign Affairs the individuals, national and international non-
of the Kingdom of the Netherlands, Ministry governmental organisations and intergovermental
of Foreign Affairs of Denmark, Federal Foreign organisations who responded to its requests for
Office of Germany, Irishaid, Federal Ministry for support.
Economic Cooperation and Development of Germany
(BMZ), Deutsche Gesellschaft fr Internationale
Zusammenarbeit (GIZ), Mairie de Paris, International
Organisation of La Francophonie (OIF), Agence
Franaise de Dveloppement (AFD), Ministry of
Foreign Affairs of Canada, United Nations Office
for Project Services (UNOPS), Swiss Federal
Department of Foreign Affairs.

150 F I D H ANNUAL REPORT 2 0 1 6 FI DH ANNUAL RE PORT 2 0 1 6 151


FIDH is an international human rights NGO federating

184 organisations from 112 countries

FIDH
17, passage de la Main dOr
75011 Paris - France
Phone: +33 (0)1 43 55 25 18 / Fax: +33 (0)1 43 55 18 80
Facebook.com/FIDH.HumanRights/
Twitter: @fidh_en /@fidh_fr /@fidh_es
www.fidh.org