Nº 131, 2021/1 Promotio Iustitiae Social Justice and Ecology Secretariat (SJES), General Curia of the Society of Jesus, Rome, Italy Promotio Iustitiae, nº 131, 2021/1 1 (Image: Gauri Predish, Pax Lumina) 26 April 1937 - 05 July 2021 It is a great honour and privilege to dedicate this issue of Promotio Iustitiae to an environmental & human rights defender and an advocate of truth & justice, who suffered and died in custody for defending his friends: the poor, the dalits and the adivasis (indigenous) in India. “I am not a silent spectator, I am part of the game, and I am ready to pay the price.” - Fr. Stan Swamy SJ Promotio Iustitiae, nº 131, 2021/1 3 Environmental and Human Rights Defenders: Criminals or Martyrs? Social Justice and Ecology Secretariat (SJES) General Curia of the Society of Jesus Borgo Santo Spirito 4, 00193 Rome, Italy Promotio Iustitiae, nº 131, 2021/1 5 Editor : Xavier Jeyaraj SJ Language Editor : Terence Rajah Publishing Coordinator : Fala Valery SJ & Rossana Mattei Promotio Iustitiae (PJ) is published by the Social Justice and Ecology Secretariat (SJES) at the General Curia of the Society of Jesus (Rome) in English, French, Italian and Spanish. PJ is available electronically at www.sjesjesuits.global. You may access all issues since n. 49, March 1992. The last printed version of Promotio Iustitiae n. 101 was in 2009, after which we publish only the electronic version. Hence, we highly recommend that you print a copy of the issue and display it in common places such as reading rooms, libraries etc. If you are struck by an idea in this issue, your brief comment will be greatly appreciated. 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Table of Contents Editorial .................................................................................................................................... 9 Xavier Jeyaraj SJ Testimonies / Narratives Father Stan Swamy: An Environmental, Indigenous Peoples and Human Rights Defender in India ....................................................................................................... 15 PM Anthony SJ Why I am on the Lookout Circular (LoC) ........................................................................ 21 Gladson Dungdung The Struggle for Ecological Justice in Cambodia .......................................................... 26 Pierre Leon The Organisation as Human Rights Defender ............................................................... 31 Julie Edwards Defending the Rights of Migrants with an Open Heart .............................................. 36 Helena Maleno The ‘Bar’ of Humanity ......................................................................................................... 41 Matteo Pasanisi Defending Human Rights: Resisting and Re-existing in the Face of Dehumanisation .......................................................................................................... 45 Maria Teresa Urueña Defending Communities and the Earth in Guatemala ................................................. 50 Rafael García SJ “God Put this Fight on Me”: The Work to Stop Formosa Plastics .............................. 56 Mary Baudouin & Chris Kellerman SJ Tshaukuesh Elizabeth Penashue: The One Who Keeps the Land Alive .................. 61 John McCarthy SJ & Elizabeth Yeoman Reflection / Analysis These are Dark Times to Defend Life in Honduras. These are Times to Search for Beacons of Light .......................................................................................................... 71 Yolanda González Cerdeira Promotio Iustitiae n. 131, 2021/1 7 Defending Human Rights in Mexico ............................................................................... 77 N. Meyatzin Velasco Santiago The Reverberating Cry of Protest from the Defenders of Human Rights and Nature ............................................................................................................................ 81 Dorismeire Almeida de Vasconcelos This Economy Kills: Violence in the Anthropocene ..................................................... 88 Jörg Alt SJ The Plight of Human Rights Defenders in Kenya: Toxic Activism or Legitimizing Democracy? .................................................................................................................. 94 Dennis Kyalo Champions of Human and Environmental Rights: An Incongruous Commitment ...................................................................................................................................... 100 Jean-Paul Biruru R. Voices for Justice and Hope in India ............................................................................. 105 Cedric Prakash SJ Human Rights Defenders: Analysis from an Indian Perspective ............................ 111 Goldy M. George Hope in Indigenous Leadership in Philippines........................................................... 119 Ambrosio F. Flores SJ The Suffocation of Human Rights .................................................................................. 124 Sylvia Miclat Encomium and a Critique of Promotio Iustitiae’s “Healing Democracy: in an Era of Authoritarianism & Populism” ......................................................................... 127 Prosper Andre Batinge 8 Social Justice and Ecology Secretariat Editorial Xavier Jeyaraj SJ Father Stan Swamy SJ (aged 84) died in judicial custody on 5th July 2021 in Mumbai. He was arrested on 8th October 2020, under a colonial framed anti-terror law ‘Unlawful Activities Prevention Act’ (UAPA) and was the oldest person accused of terrorism in India. He said before his arrest “I am not a silent spectator”. He stood with the indigenous and claimed their constitutional rights in a peaceful and non-violent way. The unambiguous outrage from citizens in India and the world across after his death in custody was loud and clear. A large number of them called it “a murder by the State and the judiciary”. Rights activists, lawyers, former judges, academics, writers, poets, civil society groups, human rights commissions across the world, member States of UN, EU parliamentarians, Representatives of US Congress condemned the Indian State for its inhuman treatment and the judiciary for its failure to protect the rights of Stan and other human rights defenders. UN Special Rapporteur Mary Lawlor said, his ‘death will remain a stain on India’s human rights record’. The Federation of Asian Bishops Conference called him a “martyr of the under- privileged”. Those in political power accused him of supporting the banned extremist Maoist group, inciting violence, waging war against the State and plotting to kill the Prime Minister. They accused him of being a terrorist and an anti-national. Hence, imprisoned him as per the law, and they claimed, ‘due processes’ were followed. Seeing the outcry all over the world after the ‘death’ of Fr. Stan, the external affairs ministry of India quickly defended the Government action stating, “Authorities in India act against violations of law [emphasis added] and not against legitimate exercise of rights [emphasis added]. All such actions are strictly in accordance with the law.” The question remains: Are the archaic human made laws of a country more important than human life and justice? Does a lawful act necessarily mean ‘just’? Let us recall what Jesus said, “Sabbath is made for human and not human for the Sabbath”. (Mk. 2:27) Stan Swamy was one among the 5,922 people arrested. Most of them are still languishing, under inhuman conditions, in different prisons in India under UAPA between 2016 and 2019 except for 132 acquitted1. The majority of them are either minorities, or dalits or tribals or HR defenders who had raised questions about the laws and policies of the government 1 Written response of the Minister of State for Home, G. Kishan Reddy in Rajya Sabha (Upper house) on 9th Feb. 2021. Promotio Iustitiae n. 131, 2021/1 9 basing their protest on the Constitution of the country and the Universal Declaration of Human Rights. Today, Stan has become a symbol of hope for human rights defenders, voice of the voiceless indigenous people and everyone who stands for truth and justice. As I write this editorial of this PI, it is shocking to hear that Joannah Stutchbury (aged 67), environmental Woman Human Rights Defender was shot dead on 15th July 2021 outside of her home in Kenya. She defended Kiambu forest against environmental destruction from business interests. In fact, hundreds and thousands of Human Rights Defenders (HRDs) are killed all over the world every year, many of them with impunity. According to information gathered by Front Line Defenders (FLDs), in 2020 it averages to almost one person killed daily for carrying out peacefully their work of defending human rights. This number keeps increasing rapidly every year in almost every geographic region. The recent UN report (A/HRC/46/35) says, “Killings were committed in 64 countries worldwide, a third of UN member states.” Latin America tops the list with maximum killings particularly in Colombia & Brazil. The latest FLD report says, “69% of those killed worked on land, environmental or indigenous people’s rights… Impunity remained the norm and killings were frequently preceded by aggressive on- and offline smear campaigns aimed at discrediting the work of HRDs.” The