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Physical Violence 27 Other Violations 32 Defending in Numbers 2019–2020 A Message of Strength from the Ground A Defending in Numbers 2019–2020 A Message of Strength from the Ground June 2021 www.forum-asia.org www.facebook.com/FORUM-ASIA Author www.twitter.com/forum_asia Valerio Loi www.youtube.com/ForumAsia-Videos Editorial Team www.instagram.com/forumasia. Sejin Kim humanrights Syme de Leon Reviewers Benny Agus Prima, Dominique Calañas, Joy Anne Icayan, Kawisara Limaksorn, Nir Lama, Shamini Darshni Kaliemuthu, Tawan Rattanaprapaporn Copyeditor Bangkok Office (Secretariat) Jacob Bogart S.P.D. Building 3rd Floor, 79/2 Krungthon-buri Road, Khlong Ton Sai, Khlong San Bangkok, Layout and Design 10600 Thailand Lara Gotis Tel: +66 (0)2 1082643-45 Fax: +66 (0)2 1082646 E-mail: [email protected] Jakarta Office Jalan Kramat 2 No. 7, Senen, Jakarta Pusat 10420, Indonesia Tel/Fax: +62 21 3919006 Copyleft 2021 E-mail: [email protected] Asian Forum for Human Rights and Development (FORUM-ASIA) 2021 Geneva Office Rue de Varembé 1, 2nd Floor1202 Geneva, The publication is published by Switzerland FORUM-ASIA. Defending in Numbers is Tel: +41 (0)22 740 2947 written for the benefit of human rights E-mail: [email protected] defenders and civil society organisations and may be quoted from or copied so Kathmandu Office long as the source and authors are c/o Informal Sector Service Centre (INSEC) acknowledged. Syuchatar, Kalanki, Kathmandu P.O. Box 2726, Nepal Tel: +977 (0)1 5218770 Cover Artwork Fax: +977 (0)1 5218251 We Are Not Free Until Everyone is Free by Anina E-mail: [email protected] Takeff/CC-BY-NC-SA (original artwork modified) About FORUM-ASIA The Asian Forum for Human Rights and Development (FORUM- ASIA) is a regional network of 81 member organisations across 21 Asian countries, with consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity-development and solidarity actions in Asia and beyond. It has sub-regional offices in Geneva, Jakarta, and Kathmandu. www.forum-asia.org This publication has been made possible with the generous support of the European Union, the European Instrument for Democracy & Human Rights and the Swedish International Development Cooperation Agency. The contents of this publication are the sole responsibility of FORUM-ASIA and can in no way be taken to reflect the views of the donors. iii Contents Preface vii Executive Summary 1 Contextual Analysis 7 Most Common Violations Against Human Rights Defenders 15 Judicial Harassment 17 Intimidation and Threats 22 Physical Violence 27 Other Violations 32 Human Rights Defenders at the Highest Risk 37 Pro-Democracy Defenders 39 Women Human Rights Defenders 45 Land and Environmental Defenders 50 Other Groups of HRDs 55 Recommendations 61 Methodology 63 Annexe 67 List of Human Rights Defenders Killed in 2019 and 2020 69 v Preface This new report by the Asian Forum for Human Rights and Development (FORUM-ASIA), Defending In Numbers — A Message of Strength from the Ground, follows previous editions of Defending In Numbers, and charts FORUM-ASIA’s continuing efforts to document violations facing Human Rights Defenders (HRDs) in Asia, and highlights the risks and challenges that HRDs face. FORUM-ASIA has long been a partner of this mandate. It has played a central role in connecting Asian defenders with the UN mechanisms, and has contributed to strengthening regional networks for the support and protection of HRDs. A consistent monitoring and recording of the violations against HRDs is crucial for identifying the nature and patterns of the abuses perpetrated, and those responsible for them. Defending In Numbers shows in vivid detail the difficult, everyday realities for HRDs. Since I took up this mandate as Special Rapporteur on 1 May 2020, I have engaged with many HRDs in Asia. Despite being unable to travel, I have met with hundreds online, in large and small groups, and heard directly from them the harassment, threats, and violence that they constantly face and the environment of widespread impunity that surrounds most of these violations. As part of my mandate, between 1 May 2020 and 31 April 2021, I sent 226 communications — including urgent appeals and allegations letters — to 85 States and 21 other actors. 86 of them (or 38%) were addressed vii to 27 countries in the Asia-Pacific region.1 In and the COVID-19 pandemic — they play a March 2021, during the 43rd Human Rights vital role vital role in protecting human rights. Council Session, I presented a report on the killings of HRDs — and the death threats that This latest, fourth edition of Defending in often preceded them. In 2019, at least 281 Numbers serves the valuable purpose of HRDs were killed across the world and these highlighting the situation of HRDs in Asia, and murders are filled by a widespread climate of also suggests what action can be taken to impunity.2 support them. But I am constantly impressed by the resilience — Mary Lawlor, United Nations Special of defenders in Asia and elsewhere to carry on Rapporteur on the Situation of human their work despite the risks. Working through rights defenders political upheavals, including military coups, 1. The list of communications is available at: https:// spcommreports.ohchr.org/TmSearch/Results 2. The report is available at: https://undocs.org/en/A/ HRC/46/35 viii Defending in Numbers 2019–2020 — A Message of Strength from the Ground Executive Summary In 2019 and 2020, those working in defence of human rights in Asia faced unprecedented challenges, where existing risks were exacerbated, and new threats emerged. Over two years, governments enacted repressive laws, online harassment became widespread, and the COVID-19 pandemic led to a significant increase in violations against human rights defenders (HRDs) who spoke out against governments.1 The pandemic also created new challenges for HRDs to conduct their work safely. These are some of the key findings of Defending in Numbers — A Message of Strength from the Ground (DiN), the fourth biennial report by FORUM-ASIA that reports on the situation of HRDs in Asia. Based on monitoring and documentation conducted by FORUM-ASIA via the Asian HRD Portal, DiN identifies regional patterns of violations against HRDs and provides analysis of these trends to illustrate the situation in which HRDs in Asia operate. It also offers case studies that demonstrate the important work HRDs do, as well as the immense risks that such work carries. The publication also incorporates data and information shared by HRDs from the Asia region that FORUM-ASIA has interviewed or worked with, including staff of member and partner organisations of FORUM-ASIA. 1. The definition of human rights defender adopted by FORUM-ASIA is consistent with the definition provided by the United Nation Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, commonly known as ‘The Declaration on human rights defenders.’ Accordingly, any individuals, organisations and groups who work to defend human rights peacefully and embrace the principle of the universality of human rights are considered HRDs. 1 of violations recorded were India (177 cases), ABOUT THE ASIAN HRD PORTAL China (160 cases), and Vietnam (120 cases).3 From 2019 to 2020, judicial harassment was The Asian HRD Portal is an online platform the most common violation committed with managed by FORUM-ASIA containing 535 cases, accounting for nearly half of the useful materials for Asian HRDs. It also total violations documented.4 In many cases, features a database that collects all the HRDs faced multiple charges at the same violations against HRDs documented by time. Judicial harassment was followed by FORUM-ASIA. The portal can be visited at: arrest and detention, with 422 cases, many https://asianhrds.forum-asia.org/ of which were arbitrary.5 Governments often committed these two types of violations in For a detailed explanation on the order to silence and criminalise HRDs for methodology of DiN, please consult the expressing their dissent, or to prevent them dedicated section of this report. from continuing their work by means of long trials and imprisonment. In the past two years, HRDs across Asia Intimidation and threats remained prevalent endured hostility online and offline and have with 306 cases recorded, including at least 29 seen their families and loved ones increasingly cases of death threats. In several cases, the subjected to harassment and threats. From 1 threat was made against family members of January 2019 to 31 December 2020, FORUM- the HRD. ASIA recorded 1,073 cases of violations committed against HRDs in 21 countries in Asia. The violations included, but were not limited to, physical violence, intimidation and 3. In the case of China and India, one has to consider threats, online attacks, vilification, judicial that the population of these two countries is much harassment, arbitrary arrests and detentions, larger than other countries in the region, thus the number of cases documented is higher. However, enforced disappearances, and killings.2 At least it does not imply that the human rights situation in 3,046 among HRDs, their family members, these two countries is worse than in the rest of the NGOs, and communities were affected as region. result. The countries with the highest number 4. The third edition of Defending in Numbers: Resistance in the Face of Repression, May 2019, analyses the trends of violations against Asian HRDs from 2017 to 2018, and can be accessed at: https:// www.forum-asia.org/uploads/wp/2019/05/ DEFENDING-IN-NUMBERS-2019-FINAL- ONLINE-1.pdf.
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