Professional Documents
Culture Documents
2 01 6
04 Our Fundamentals
12 International Board
14 International Secretariat
70
Tang Chhin Sothy/AFP
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
WORLDWIDE MOVEMENT
FOR HUMAN RIGHTS
Mandate: the protection of all rights
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
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)
INTERNATIONAL BOARD
VICE-PRESIDENTS
Guissou Artak Adilur
JAHANGIRI KIRAKOSYAN RAHMAN KHAN
Afghanistan Armenia Bangladesh
SECRETARIES GENERAL
Pierre Shawan
ESPERANCE JABARIN
Haiti Palestine
HONORARY PRESIDENTS
PERMANENT DELEGATES
14 F I D H ANNUAL RE PORT 2 0 1 6
BAMAKO
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
PRIORITY 1
PROTECTING DEFENDERS IN UNSAFE OR
REPRESSIVE SITUATIONS
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.
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.
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.
Two ADHOC senior officers escorted by police officials outside the appeals court in Phnom Penh
Tang Chhin Sothy/AFP
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.
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.
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.
THE
on the government. And FIDH organised a mission to
ANGOLA
3/ EXAMPLES OF OUTCOMES Kyrgyzstan to meet the authorities and urge them to
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
DEFENDERS
and even attempted suicide. FIDH issued many
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
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.
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).
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
PRIORITY 3
ACCOUNTABILITY OF THOSE VIOLATING MIGRANTS
HUMAN RIGHTS
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.
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.
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.
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.
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.
PRIORITY 4
FIDH continued to condemn death penalty convictions
and their use, particularly in Saudi Arabia, Bahrain,
Belarus, Iran, Japan, and the Philippines.
VERDICT FOR and men, including the elderly and children. The
ICCs condemnation of Bemba means that for the
IN THE HISSENE be able to seek redress. This is also the first verdict
rendered by the ICC condemning an individual
PRIORITY 5
OBJECTIVE 1 - CONTRIBUTING TO THE
ACCOUNTABILITY OF ECONOMIC PLAYERS
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
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
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.
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.
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.
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
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.
An indigenous man stands at the site of his burnt house, Rangamati, Bangladesh
Faiham Ebna Sharif/AFP
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.
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.
- 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
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.
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.
Members of the Egyptian police special forces patrol streets, Cairo, Egypt
Mahmoud Khaled/AFP
OPENING OF
obligations, notably the Palermo Protocol ratified by
Tunisia in 2003. The creation of the national authority
SYRIAN FATHER
3/ EXAMPLES OF OUTCOMES important judicial instrument designed to thwart,
prevent, suppress, and punish the various forms of
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.
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.
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,
120 F I D H ANNUAL REPORT 2 0 1 6 FI DH ANNUAL RE PORT 2 0 1 6 121
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.
Protests against government plans for sweeping changes to Polands judicial system
Beata Zawrzel/NURPHOTO
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
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.
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.
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.
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%)
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
0.2% Financial and extraordinary income 18708 0.4% Financial and extraordinary income 26 303
Corporations
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
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